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R 3020 . '" RESOLUTION NO. 3020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 93-515, FOR AN ACCESSORY STRUCTURE (BARN) THAT EXCEEDS THE 14 FOOT HEIGHT LIMITATION, APPLIED FOR BY THOR OURSTON, AT 783 ARABIAN CIRCLE WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 93-515, filed by Thor Ours ton, for a accessory structure that exceeds the 14 foot height limitation, in the Planned Development (PD 1.1) District; and WHEREAS, the City Council has held a public hearing on this application in accordance with the 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 this project in compliance with the California Environmental Quality Act (CEQA) and determined that it is Categorica1Jy Exempt per Section 15303 of the CEQA Guidelines; and WHEREAS, this project has been reviewed by the Architectural Advisory Committee and the Planning Commission who both recommended approval of said project; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 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, sanitation, and public utilities and services to ensure the public health and safety. 5. 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 City Council of the City of Arroyo Grande approves said conditional use permit, subject to the following conditions: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. , Resolution No. 3020 Conditional Use Permit No. 93-515 Thor Ourston March 8, 1994 Page 2 2. This application shall automatically expire on March 8, 1996 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 City Council at the meeting of March 8, 1994 and marked "Exhibit A". L-.__. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. Planning Department Conditions 5. Development shall conform with the PD 1. 1 zoning requirements with the exception of the 14 foot height limit for an accessory structure. This approval allows the proposed barn to be constructed to a height of 19.5 feet. On motion of Council Member Burke , seconded by Council Member Brandy , and by the following roll call vote, to wit: A YES: Council ~rs Burke, Brandy, Souza and Mayor Gallagher NOES: None ABSENT: Council ~r Moots the foregoing Resolution was adopted this 8th day of March, -r- ATTEST: ha.~ NANCY A. A VIS, CITY CLERK , I Y ATIORNEY , Resolution No. 3020 OFFICIAL CERTIFICATION I, NANCY A. DAVIS, city Clerk of the city of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify, under penalty of perjury, that the foregoing Resolution No. 3020 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of the Arroyo Grande city council on the 8th day of March, 1994. WITNESS my hand and the Seal of the city of Arroyo Grande affixed this 15th day of March , 1994. ~a.~ NANCY A. VIS, CITY CLERK CITY OF ARROYO GRANDE I \