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R 3168 ":'~-_. . RESOLUTION NO. 3168 A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF ARROYO. . GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDmONAL USE PERMIT CASE NO. 88-435, r AMENDMENT #2, APPLIED FOR BY RUSSELL AND PAMELA SHEPPEL, AT 880 OAK PARK BOULEVARD WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional \ Use Permit Case No. 88-435, Amendment #2, fI1ed by Russell and Pamela Sheppel, to amend the Master Plan for the site by changing the location of the previously approved buildings. WHEREAS, the City Council has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed the draft negative declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Gran4e Rules and Procedures for Implementation to CEQA; and WHEREAS, the City Council finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is 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. 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. 4. There are adequate provisions for water, sanitatibn, and public utilities and services to ensure the public health and safety. t 5. The proposed use will not be detrimental to the public health, safety, or welfare, v.l" materially injurious to properties and improvements in the vicinity. _ Department of FISh and Game Require~ Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section i506J of the Guidelines of the California Environmental Quality Act (CEQA) , for Conditional Use Permit Case No. 88-435, Amendment #2. ---.-- ~~- Resolution No. 3168 Page 2 2. Based on the initial study, a negative declaration has been drafted for review by the public and the Planning Commission and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopted the negative declaration findings that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Gra.nde hereby adopts the negative declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 88-435, Amendment #2 with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion of Council Member Lady , seconded by Council Member Fu 11 e r , and by the following roll call vote, to wit: AYES: Council Members Lady, Fuller, Souzc: and Mayor Dougall NOES: None ABSE1fr:Council Member Brandy the foregoing Resolution was adopted thisl0thday of September, 1996. i ATTEST: i)~a. ~ NANCY A DA VIS, CITY CLERK APPROVED AS TO CONTENT: "j) K-iSL~j L. H~ ROBERT L. HUNT, CITY MANAGER - APPROVED AS TO FORM: ~ --- RESOLUTION NO. 3168 PAGE 3 OFFICIAL CERTIFICATION I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County r of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the foregoing Resolution No. 3168 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 10th day of September, 1996. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day of' September, 1996. . NANCY A. DAVIS, CITY CLERK CITY OF ARROYO GRANDE l, f A IT ACIThIENT n A n -'~..... CONDITIONS OF APPROVAL. Conditional Use Permit Case No. 88-435, Amendment #2 880 Oak Park Boulevard GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes an amendment to the Master Plan to modify the location and layout of the previously approved buildings on proposed Parcel 2 and Parcel 3. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 88-435, Tentative Parcel Map Case No. 96-530, and Variance Case No. 96- 195. 3. This application shall automatically expire on September 10, 1998 unless the fmal map for Tentative Parcel Map Case No. 96-530 is recorded or an extension is granted pursuant to Section 9-02. 140.C. of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of September 10, 1996 and marked Exhibit "B". 5. 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. DEVELOPMENT CODE 6. Development shall conform with the PD 1.1 zoning requirements except as otherwise approved. 7. All parking spaces adjacent to a wall, fence, or exterior property line shall have a minimum width of 11 feet. 8. All planted areas shall be separated from the driveway by concrete curbs. , 9. Prior to Ssuance oC building permits, the developer shall comply with Development Code, Chapter 9-12, "Parking and Loading Requirements" .