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R 3804 RESOLUTION NO. 3804 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMI88ION APPROVAL OF CONDITIONAL USE PERMIT CASE NO. 04-008, LOCATED AT 1490 E. GRAND AVENUE, APPLIED FOR BY SUKHDEV SINGH GILL WHEREAS, the, Planning Commission adopted Resolution No. 1940, approving Conditional Use Permit 04-006, applied for by Sukhdev Singh Gill, located at 1490 E. Grand Avenue; filed by Sukhdev Singh Gill for fa~de improvements including canvas awning, fuel island canopy, illuminated monument sign, trash encfosure, landscaping, block wall and removal of a driveway approach; and WHEREAS, the City Council appealed the approval of Conditional Use Permit 04-006 in response to the condition of approval that requires the undergrounding of overhead utilities or the payment of an in-lieu fee; and WHEREAS, the City Council has considered Conditional Use Permit 04-006, at a public hearing on December 14, 2004 in accordance with the Municipal Code of the City of Arroyo Grande; 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 the proposed project is Categorically Exempt per Section 15301 of the CEQA Guidelines. WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional UaePermlt Findings: 1. The proposed use is permitted within the subject district as a legally non- conforming use pursuant to the provisions of this section and complies with all the applicable provisions of this title, 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 of the district in which it is to be established or located because the proposed use maintains the building maintains the character of the surrounding residential uses and the commercial use is of low intensity. 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. ------....-- '- RESOLUTION NO. 3804 PAGE 2 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 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 approves Conditional Use Permit Case No. 04-006, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member Guthrie, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Dickens, Arnold, Costello, and Mayor Ferrara NOES: None ABSENT: None i the foregoing Resolution was adopted this 14th day of December 2004. I I I I 1 j I j J I I I I I I I I I 1 j ! --~._._~-,-- -..- RESOLUTION NO. 3804 PAGE 3 ~ TONY M. I MAYOR ATTEST: I ~(i ../.Vf ..' / : /'{". (W ,ltO/UL- KELLY WE~ORE,DIRECTOR OF ADMINISTRATIVE SERVICESI CITY CLERK APPROVED AS TO CONTENT: ~/? / ) \inw{. A ~s:CiTv MANAGER APPROVED AS TO FORM: ~~kTTORNEY RESOLUTION NO..3804 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 04-006 SUKHDEV SINGH GILL 1490 E. GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes fac;ade enhancements to the existing mini-mart/service station. 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 Case No. 04-006. 3. This application shall automatically expire on December 14, 2006 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 Planning Commission at the meeting of November 16, 2004 and marked Attachment 1. 5. 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 shaD reimburse the City, its agents, officers, or employees, for any court costs and attorneys 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 hislher obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the General Commercial zoning requirements and except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to final inspection of the project, unless specifically noted otherwise. RESOLUTION NO. 3804 PAGE 5 GENERAL CONDITIONS 8. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works, 9. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours, IMPROVEMENT PLANS 10. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, 11. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction, 12. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required, 13. A drainage Improvement plan shall be prepared by a registered Civil Engineer and approved by the Public Works Department. 14. The site plan shall include the following: . The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys, . The'location, size and orientation of all trash enclosures, . All existing and proposed parcel lines and easements crossing the property, . The location and dimension of all existing and proposed paved, areas, WATER 15. The applicant shall install backflow prevention devices on all water services in accordance with City Standards, STRFETS 16. The applicant shall remove the street sign at the corner of Courtland Street and Grand Avenue and return the sign to the City corporation yard, DRAINAGE 17. All drainage facilities shall be designed to accommodate a 100;.year storm flow, 18. The applicant shall filter all storm water runoff prior to leaving the site, DEDICATIONS AND EASEMENTS 19. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 RESOLUTION NO. 3804 PAGE 6 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing, FEES 20. Pay all required City fees at the time they are due, 21. Fees to be paid prior to plan approval: . Plan check for grading plans based on an approved earthwork estimate, . Plan check for improvement plans based on an approved construction cost estimate, . Permit Fee for grading plans based on an approved earthwork estimate, . Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate, COMMENTS ON THE SITE PLAN 22. The monument sign shall be relocated to be outside of the vision triangle. BUILDING DEPARTMENT CONDITIONS BUILDING CODES 23. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. Fire Flow/Fire Hydranlc:; 24. Building permit fees, to be based on codes and rates in effect at the time of building permit issuance. PLANNING COMMISSION CONDITIONS 25. The applicant shall paint the exterior of the building prior to issuance of building permits. 26. The applicant shall apply for a Planned Sign Program. This appmvAI dnes . not include signs j 27. Stone work (split face vs. faux stone) on the fence and canopy pillars shall match I and the City of Arroyo Grande will determine final materials. i --_._~,-- --~---- -,_-.-- RESOLUTION NO. 3804 OFFICIAL CERTIFICATION I, KELL Y 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 Resolution No. 3804 is a true, full, and correct copy of said Resolution passed ~nd adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of December, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of December, 2004.