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R 4235 RESOLUTION NO. 4235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A ONE -YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT 06 -005, APPLIED FOR BY JEFF HOLLISTER, LOCATED AT 231 SOUTH HALCYON ROAD WHEREAS, the City Council adopted Resolution No. 3981 which approved Conditional Use Permit 06 -005 on December 12, 2006; and WHEREAS, the City Council granted a one -year time extension for Conditional Use Permit 06 -005 on December 9, 2008; and WHEREAS, the City Council has considered a request for a one -year time extension for Conditional Use Permit 06 -005; and WHEREAS, the City Council finds, after due study and deliberation, that there have been no significant changes in the General Plan, Municipal Code or character of the area within which the project is located that would cause the approved project to be injurious to the public health, safety, or welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council approves a one -year time extension for Conditional Use Permit 06 -005, with the above findings and subject to all original conditions as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. On motion by Council Member Arnold, seconded by Council Member Fellows, and by the following roll call vote, to wit: AYES: Council Members Arnold, Fellows, Guthrie, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was adopted this 8 day of December 2009. CITY COUNCIL RESOLUTION NO. 4 1235 PAGE 2 TONY FER , MAYOR ATTEST: KELLY W MO/ E, CITY CLERK APPROVED AS TO CONTENT: "STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: T9;1^-- THY J. AR L, CITY ATTORNEY RESOLUTION NO. 4235 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL TIME EXTENSION 09 -005 (CONDITIONAL USE PERMIT 06 -005) This approval authorizes a one (1) year time extension for Conditional Use Permit 06 -005, which will now expire on December 12, 2010. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS 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 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. 3. The applicant shall comply with all original conditions of approval for Conditional Use Permit 06 -005 as described in Resolution No. 3981. OFFICIAL CERTIFICATION I, KELLY WETMORE, 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 attached Resolution No. 4235 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 5 day of December 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 119' day of December 2009. i / ft4 1 __/ 9 KELLY ET ORE, CITY CLERK •