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R 3670 RESOLUTION NO. 3670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF EXEMPTION AND APPROVING CONDITIONAL USE PERMIT 02-010, LOCATED AT 127 SHORT STREET, APPLIED FOR BY THE SOUTH COUNTY HISTORICAL SOCIETY WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit 02-010, applied for by the South County Historical Society to construct a 2,400 square-foot museum building located at 127 Short Street; and WHEREAS, the Architectural Review Committee and Planning Commission have recommended approval of Conditional Use Permit 02-010; 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), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Notice of Exemption can be filed; and WHEREAS, the City Council finds, after due study, deliberation and public hearing. the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Pennlt Findings: 1. The proposed use is permitted within the Public Facilities (PF) D-2.4 district pursuant to Section 16.16.050 of the Development Code. and complies with all applicable provisions of the Development Code. the goals .nd 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 of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements. circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. ,...---. RESOLUTION NO. 3670 CUP 02.Q10 PAGE20F6 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 because the proposed project would not create adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the City. Council of the City of Arroyo Grande hereby instructs the Director of Administrative Services to file a Notice of Exemption and approves Conditional Use Permit 02-010, with the above findings and subject to the conditions as set forth in Exhibit "An, attached hereto and incorporated herein by this reference. On motion by Council Member Costello, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: Council Members Costello, Dickens, Runels, Lubin, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 2200 day of April, 2003. . RESOLUTION NO. 3670 CUP 02-010 PAGE30F6 ~J TONY M. f RARA, MAYOR ATTEST: ~JU()!U- ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~ITYMANAGER "..":f' APPROVED AS TO FORM: ~~~ATTORNEY ~ ~_.- -~-- l --------...--- RESOLUTION NO. 3670 CUP 02-010 PAGE 4 OF 6 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 02-010 SOUTH COUNTY HISTORICAL SOCIETY 127 SHORT STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 2,400 square-foot museum building on City owned property located at 127 Short Street 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 02-010. 3. This application shall automatically expire on April 22, 2005 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. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of April 22, 2003 marked Exhibit "B- and Exhibit "C-. 5. The applicant shall agree to defend at hislher 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. 6. Construction shall be limited to between the hours of 8:00 a.m. and 6:00 p.m. Monday through Saturday. No construction shall occur on Sunday. 7. Development shall conform to the Public Facility (PF) zoning requirements except as otherwise approved. -...---------- --------------- RESOLUTION NO. 3670 CUP 02-G10 PAGE50F6 8. This Conditional Use Permit shall be subject to review by the City Council at the end of six months from the date of approval. Review shall specifically address the affect of building color and wooden shutters in softening the overall building appearance. 9. This Conditional Use Permit shall be subject to review by the Planning Commission at the end of five (5) years from the date of approval. At any time, the Planning Commission may modify existing conditions or impose new conditions to protect the public health, safety and general welfare, as deemed necessary by the Commission. ARC CONDITIONS 10. 1.x4. battens shall be installed around all windows. 11. Wooden shutters shall be installed over all windows. 12. Both pedestrian doors shall be faced with wood, and stained to match the exterior of the building. 13. The main roof overhang shall be increased by 8., unless prohibited by wind load factors. BUILDING AND FIRE DEPARTMENT 14. The applicant shall obtain all necessary building permits from the City prior to construction. 15. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 16. The project shall provide disabled access required by State and Federal law on all new construction. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 17. The applicant shall pay all applicable City fees at the time they are due. 18. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall no be permitted. The cleaning shall be done after each day's work or as 'directed by the Director of Public Works. ___'._n',_.______.__ ----_._._-_.-----~ ---------.- RESOLUTION NO. 3670 CUP 02-010 PAGE60F 6 19. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. -_.._._~_. RESOLUTION NO. 3670 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3670 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of April, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of April, 2003. olU- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK --,-._- --~ -----