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" RESOLUTION NO. 3001
A RESOLUTION OF TIlE CITY COUNCIL OF TilE CITY
OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 88-435 FOR AN
823 SQUARE FOOT ADDITION TO TIlE BUILDING
UNDER CONSTRUCTION, APPLIED FOR BY RUSSEL
SHEPPEL AT 1300 JAMES WAY (ADDRESS CHANGED TO
880 OAK PARK BOULEVARD)
WHEREAS, the City Council of the City of Arroyo Grande has considered AmeJ1ded
Conditional Use Permit Case No. 88-435 filed by Russel Sheppel, for an 823 fquare foot
addition to a building under construction, in the Planned Development District; and
WHEREAS, the Architectural Advisory Committee, on August 2, 199~, after revi"\w of -.
the proposed revisions recommended approval to the City Council; and
WHEREAS, the Planning Commission on August 17, 1993, held a duly noticed public
hearing on this project at which time all interested persons were invited to testify: r.r-t
WHEREAS, after due study and deliberation, the Planning Commission recommended
approval of this project to the City Council; 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 recommends that the City Council adopt a Negative
Declaration with Mitigation Measures and file a Notice of Determination; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Conditional Use Pennit Findings:
I. 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. The proposed project is
consistent with ordinance 140 C.S. which regulates types of uses and development
standards within the Oak Park Acres Planned Development.
2. The proposed use will not impair the integrity and character or the district in which it
is to be established or located. The proposed office building is located between a church ':
and a motel, at the intersection of a collector street and a minor arterial street. Across
the arterial street is a shopping center. Vacant land and open space exists between the
proposed use and the nearest residences. The use is compatible with adjacent uses.
3. The site is suitable for the type and intensity of use or development that is proposed.
Adequate setbacks, parking and landscaping can be provided for the use.
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.
Department or Fish and Game Required findings
I. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act for Amended Conditional Use
Permit Case No. 88-435.
2. Based on the initial study, a negative declaration with mitigation measures was prepared
for review by the public an review and approval by the City Council.
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Resolution No. 3001
Amended Conditional Use Pennlt Case No. 88-435
Russel Sheppel
September 14,1993
Page Two
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 with mitigation
measures and found that there is no substantial evidence of any significant adverse effect,
either individually or on the habitat upon which the wildlife depends as a result of
development of this project.
NOW. mEREFORE. BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a negative declaration with mitigation measures, instructs the City Clerk
to file a Notice of Determination; and approves said amended 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.
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i 2. This application shall automatically expire on September 14, 1995 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 September 14, 1993 and marked "Exhibit A".
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. -
5. A negative declaration has been adopted for this project. The following mitigations shall
be implemented as conditions of approval and shall be monitored by the appropriate City
department or other responsible agency. The applicant shall be responsible for
verlncatlon In writing by the monitoring department or agency that the mitigation
measures hav~ been Implemented.
MItigation Measures
6. Prior to final inspection of the project, the applicant shall pay a fee toward mitigation of
cumulative traffic impacts; said fee shall be computed by the current methodology of
$2,656 per peak hour trip using 4.4 peak hour trips or other such fee as may be adopted
by the City Council prior to final inspection.
Time Frame: Prior to final inspection
Responsible Department! Agency: Public Works
7. All construction throughout the structure shall utilize fixtures and designs which minimize
water usage. Such fixtures and designs shall include, but are not limited to, low flow
shower heads, water saving toilets, instant water heaters or hot water recirculating
systems, drip irrigation with drought tolerant landscaping and etcetera. All water
conserving designs and fixtures shall be installed prior to final occupancy.
Time Frame: Prior to final occupancy
Responsible Department! Agency: Building Department
Planning Department CondItions
8. Development shall conform with the PD 1.1 zoning requirements unless otherwise
approved .
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Resolution No. 3001
Amended Conditional Use Pennlt Case No. 88-435
Russel Sheppel
September 14, 1993
Page Three
9. The applicant shall comply with all conditions of approval and mitigation measures for
Conditional Use Permit Case No. 88-435 and Architectural Review Case No. 87-395
unless specifically modified herein.
10. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
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11. The parking lot island shown as part of Phase I construction improvements shall be fully
landscaped as shown on the approved landscape plans as part of the Phase I
improvements.
Building Department Conditions
12. Prior to starting construction on the revisions, the applicant shall apply for permits,
submit revised plans and structural calculations, and pay necessary fees.
13. Prior to starting construction on the revisions, the project architect shall provide
verification of moisture proofing of the wall fronting on Oak Park Boulevard.
Fire Department Conditions
14. Revised fire sprinkler plans shall be submitted for review and approval prior to final
framing inspection by Building Department.
On motion of Council Member Burke ,seconded by Council Member Souza , and
by the following roll call vote, to wit:
AYES: Council MenDers Burke, Souza, Brandy;and Mayor Gallagher
NOES: None
ABSENT: Council MenDer f.tx>ts
the foregoing Resolution was adopted this 14th day of September, 1993.
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ATTEST:
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NANCY A. 'A VIS, CITY CLERK
APPROVED AS TO FORM:
N, CITY ATTORNEY
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RESOLUTION NO. 3001
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. 3001 is
a true, full and correct copy of said Resolution passed and adopted
at a regular meeting of said counoil on the 14th day of September,
i 1993.
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WITNESS my hand and the Seal of the City of Arroyo Grande
affixed this 16th day of September, 1993.
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NANCY A. AVIS, CITY CLERK
CITY OF ARROYO GRANDE
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