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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. E 3 4. 5 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: � h� L N REARDON-SMITH, COMMISSION CLERK AS ONT NT: KERRY MCCANTS COMMUNITY DEVELOPMENT DIRECTOR i ��,.:/� ��•�c' � � • � • • • � � EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01-008 MULLAHEY FORD • ►i ►i ► r � • ' ►i ► � ' _ : ►i ► 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. 5 C� 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).