R 2902
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RESOLUTION NO. 2902
A RESOLUTION OF THE CITY COUNCil OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT CASE NO. 91-492, TO AllOW FOR
INSTALLATION OF A PLAY AREA AT AN EXISTING FAST
FOOD RESTAURANT, APPLIED FOR BY CARL'S JR.
RESTAURANT AT 1590 WEST BRANCH STREET.
WHEREAS, the City Council of the City of Arroyo Grande has considered an application
for installation of a play area at an existing fast restaurant, applied for Carl's Jr. Restaurant at
1590 West Branch Street in the PD 1.1 Planned Development District; and -
WHEREAS, the City Council has found that this project is consistent with the General
Plan and environmental documents associated therewith; and
WHEREAS, the City Council has reviewed the project in compliance with the California
Environmental Quality Act and has determined that this project is categorically exempt from the
provisions of the California Environmental Act (CEQA), per Section 15303(e) of the CEQA
Guidelines; and
WHEREAS, on December 3, 1991 the Planning Commission held a public hearing on
said Conditional Use Permit and after due study, deliberation, and public hearing, recommended
approval of said Conditional Use Permit to the City Council; 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 hereby approves said Conditional Use Permit, subject to the following conditions:
General Conditions
1. The applicant shall ascertain and comply with all State, County and Ci~ ir:quin:r,311.s M
are applicable to this project.
2. This application shall automatically expire on January 14,1994 unles'3 a k1uil.:1in!j r-erinit
is issued. Thirty (30) days prior to the expiration of the approval, the ap~lica,lt 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 January 14, 1992 and marked "Exhibit A".
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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.
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Resolution No. 2902
Planning Department Conditions
5. Development shall conform with the P-D zoning requirements unless otherwise
approved.
6. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
Building Department Conditions
- - 7. The applicant shall apply for all required building permits prior to the start of any
construction.
Fire Department Conditions
8. The applicant shall comply with the exiting requirements of the Uniform Building Code.
On motion by Council MemberSmith, seconded by Council Member 1):11:]"11 and by the
following roll call vote, to wit:
AYES: Council MembersSmith, Dougall, Moots and Mayor Millis
NOES: None
ABSENT: Council Member Gallagher
the foregoing Resolution was adopted this 14th day of January, 1992.
l AH~~
MARK M. MILLIS, rKA OR
ATTEST:
a. ~
AVIS, CITY CLERK
AS TO FORM:
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, CITY ATTORNEY
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. 2902, is a true, full and
correct copy of said Resolution' passed and adopted at a regular rreeting
of said Council on the 14th day of January, 1992.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 24th day of January, 1992.
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CITY CLERK
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RESOLUTION NO. 2902
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