PC R 01-1803RESOLUTION NO. 01-1803
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 01-008, APPLIED
FOR BY MULLAHEY FORD
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 01-008, filed by Mullahey Ford, to authorize the existing
use and expand two buildings located at 330 Traffic Way; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Community Development Department has found that this project is
categorically exempt from the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is conditionally permitted within the subject district pursuant to
the provisions of Section 9-03.050 of the Development Code, and complies with all
applicable provisions of the Development Code, the goals and objectives of the
Arroyo Grande General Plan, and the development policies and standards of the
City.
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The proposed use will not impair the integrity and character of the district in which
it is to be established or located.
The site is suitable for the type and intensity of use or development that is
proposed.
There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit Case No. 01-008, with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
On motion by Commissioner Brown, seconded by Commissioner Guthrie and by the
following roll call vote, to wit:
AYES: Commissioners Brown, Guthrie, Fowler, Keen and Chair Costello
NOES: None
ABSENT: None
The foregoing Resolution was adopted this 18 day of September 2001.
ATTEST:
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L N REARDON-SMITH,
COMMISSION CLERK
AS ONT NT:
KERRY MCCANTS
COMMUNITY DEVELOPMENT DIRECTOR
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 01-008
MULLAHEY FORD
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This approval authorizes the existing use and expansion of two buildings located at 330
Traffic Way.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. This application shall automatically expire on September 18 2003 unless a
building permit is issued. Thirty (30) days prior to the expiration of the approval,
the applicant may apply for an extension of one (1) year from the original date of
expiration.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of September 18, 2001 and marked
Exhibit "B".
4. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
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Construction shall be limited to between the hours of 7:00 a.m. and 7:00 p.m.
Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday.
Development shall conform to the Highway Commercial Design Overlay 2.11 (HC
D-2.11) zoning requirements except as otherwise approved.
7. This Conditional Use Permit shall be subject to review by the Planning
Commission at the end of five (5) years from the date of approval. At any time, the
Planning Commission may modify existing conditions or impose new conditions to
protect the public health, safety and general welfare, as deemed necessary by the
Commission.
PLIBLIC W�RKS DEPARTMENT
8. The applicant shall pay all applicable City fees at the time they are due.
9. The applicant shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted.
The cleaning shall be done after each days work or as directed by the Director of
Public Works.
10. The applicant shall be responsible for obtaining an Encroachment Permit for all
work within a public right of way.
11. All grading shall be done in accordance with the City Grading Ordinance.
12. Prior to issuing a certificate of occupancy, all public utilities shall be operational.
13. The applicant shall install sidewalk along Station Way, and curb, gutter and
sidewalk along Fair Oaks Avenue where no curb, gutter or sidewalk currently
exists. The sidewalk shall be a minimum of six (6) feet wide, unless otherwise
approved by the Director of Public Works. The alignment of the new curb, gutter
and sidewalk along Fair Oaks Avenue shall align with the existing edge of the
roadway. The new sidewalk shall tie into the existir�g setback portion of sidewalk
along Fair Oaks Avenue. A minimum four (4) foot section of sidewalk shall be
placed behind any driveway ramp. Alignment of the new sidewalk shall be
approved by the Director of Public Works (Figure A).
14. The applicant shall dedicate, to the City, a pedestrian access easement for the
new sidewalk. The easement shall be prepared by the applicant on standard
City forms, and shall include legal descriptions, sketches, closure calculations,
and a current preliminary title report. The applicant shall be responsible for all
required fees, including any additional required City processing fees.
15. All new public utilities shall be installed as underground facilities.
16. All existing public overhead utilities which are on-site, and those within six (6)
feet of the side and rear lot lines, and those along the frontage shall be placed
underground (Figure B).