R 4183RESOLUTION NO. 4183
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT
CASE NO. 04-009 TO ELIMINATE CONDITIONS OF APPROVAL NOS. 79,
80 AND 83 REGARDING RESURFACING OF WEST BRANCH STREET
AND CAMINO MERCADO ADJOINING A HOTEL AND RESTAURANT AT
1400 WEST BRANCH STREET
WHEREAS, on July 26, 2005 the City Council approved Resolution No. 3867 approving
Conditional Use Permit Case No. 04-009, including conditions of approval numbers 79, 80
and 83 regarding repaving of West Branch Street and Camino Mercado adjoining the hotel
and restaurant at 1400 West Branch Street; and
WHEREAS, the City Council also approved a revenue sharing agreement to provide
reimbursement of up to $250,000 over afive-year period from Transient Occupancy Taxes
generated by the project, which was granted time extensions on March 11, August 26 and
December 9, 2008; and
WHEREAS, the Hampton Inn and Suites project has experienced a number of substantial
delays and cost overruns during construction and is currently impeded by the international
credit crisis and requires reconsideration of strategies to facilitate completion and
occupancy; and
WHEREAS, the revenue sharing agreement expired in March 2009 and the date of hotel
occupancy is still dependent on refinance and completion of required improvements; and
WHEREAS, the City is preparing plans to resurface all of West Branch Street and has
determined that the condition of Camino Mercado does not warrant resurfacing at this time;
and
WHEREAS, the City will benefit financially if the TOT revenues are not subject to revenue
sharing and project refinance by the developer will be facilitated if the City eliminates the
requirements of conditions of approval 79, 80 and 83 of Resolution No. 3867 regarding
repaving of West Branch Street and Camino Mercado.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande
hereby amends Conditional Use Permit Case No. 04-009 to eliminate conditions of
approval numbers 79, 80 and 83.
On motion by Council Member Guthrie, seconded by Council Member Fellows, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Fellows, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Amold
the foregoing Resolution was adopted this 12~h day of May 2009.
RESOLUTION NO. y~83
PAGE 2
TON F MAYOR
ATTEST:
KELLY W TM E, CITY CLERK
APPROVED AS TO CONTENT:
~fE E S, CITY MANAGER
APPROVED AS TO FORM:
/~
TI HY J. L, CITY ATTORNEY
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. 4183 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
12"' day of May 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13`" day of
May 2009.
KELLY ~IIIETIIj~ORE, CITY CLERK