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R 3709 RESOLUTION NO. 3709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING A ONE.YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT NO. 99-013 AND VARIANCE 01-001; CAMINO MERCADO AND W. BRANCH STREET; APPLIED FOR BY STEPHEN N. COOL WHEREAS, the Planning Commission of the City of Arroyo Grande approved Resolution No. 03-1894 recommending the City Council approve a one-year time extension for Conditional Use Permit 99-013 and Variance 01-001 on August 19, 2003; and WHEREAS, the City Council of the City of Arroyo Grande has considered a request for a one-year time extension for Conditional Use Permit 99-013 to construct five (5) office buildings and Variance 01-001 to construct fourteen (14) foot retaining walls at Camino Mercado and West Branch Street; and WHEREAS, the City Council approved the original project on August 14, 2001; and WHEREAS, the City Council has found that this project is consistent with the City's General Plan; 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 of the City of Arroyo Grande approves of a one-year time extension for Conditional Use Permit 99-013 and Variance 01-001, with the above findings and subject to the. conditions as set forth in Exhibit A and incorporated herein by this reference. The expiration of approval for Conditional Use Permit 99-013 and Variance 01-001 shall now be August 14, 2004. On motion of Council Member Runels, seconded by Council Member Costello, and on the following roll call vote, to wit: AYES: Council Members Runels, Costello, Lubin, Dickens and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 23rd day of September, 2003. RESOLUTION NO. 3709 PAGE 2 OF 3 ATTEST: ; I " /1('LU, UlL~II0J11Y- KELLY ET RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3709 PAGE 3 OF 3 EXHIBIT "A" CONDITIONS OF APPROVAL TIME EXTENSION NO. 03-003 CAMINO MERCADO AND WEST BRANCH GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval recommends that the City Council authorize a one-year time extension for Conditional Use Permit (CUP) No. 99-013 and Variance 01-001 for an office complex at Camino Mercado and West Branch in Arroyo Grande, California. 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 ACUP 99-013 and Variance 01-001 as approved by Resolution. 3. The Amended Conditional Use Permit shall automatically expire on August 14, 2004. The applicant may apply for additional time extensions pursuant to Development Code Section 16.12.140. 4. 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. 5. The applicant shall be subject to all currently applicable development fees. -----.".'..-- RESOLUTION NO. 3709 OFFICIAL CERTIFICATION I, KELL Y 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. 3709 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 23rd day of September, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of September, 2003. ) ~ ~,ilL1tuOM KELLY ET ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK ----