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R 4186RESOLUTION N0.4186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY -0F ARROYO GRANDE ACCEPTING IMPROVEMENTS FOR AMENDED CONDITIONAL USE PERMIT CASE NO. ~ 06-001, LOCATED AT THE FIVE CITIES CENTER, CONSTRUCTED BY LEVON INVESTMENTS, LLC. WHEREAS, the City Council approved Amended Conditional Use- Permit No, 06-001 located at the Five Cites Center on April 11, 2006; and WHEREAS, as a condition of the amended use permit, the applicant was required to make the following traffic mitigation measures: A. Aback entrance to the Center from Camino Mercado; B. Modifying planters and parking near the entrance to Rancho Parkway; C. Modifying-planters and parking on the north side of the movie theatre; D. Modifying the entrance from West Branch Street near the movie theatre; E. Adding an eastbound right tum lane at Rancho Parkway; F. Constructing the following improvements on Rancho Parkway: Prohibft northbound left turns into Phase I; install medians to channel traffic; install bike lanes; and convert westbound right onto West Branch Street into cleft/right turn. G. Adjusting signal timing for both signals on West Branch Street; and WHEREAS, the developer has constructed the improvements required by the conditions of approval forAmended Use Permit No. 06-001; and WHEREAS, the improvements to Rancho Parkway were designed to direct run-off to flow to the drainage system on the Five Cities Center property, which is acceptable to the property owner as evidenced by the letter from Investec to the City dated February 10, 2009, a copy of which is attached hereto as Exhibit "A". WHEREAS, staff has inspectedthe improvements and finds they are constructed in accordance with the approved plans for the project; and WHEREAS, the developer has provided the 10% warranty security as required by the conditions of approval, to be released at the conclusion of the one-year warranty period, provided the improvements are still in satisfactory condition. NOW, THEREFORE, BE ]T RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the following for Amended Conditional Use Permit No. 06- 001: 1. Median Island Improvements on Rancho Parkway. 2. Landscape and irrigation improvements on Rancho Parkway. 3. Traffic Signal modifications on West Branch Street. 4. Bike lanes on Rancho Parkway. RESOLUTION N0.4186 PAGE 2 On motion of Council Member Guthrie, seconded by Council Member Costello, and by. the following roll call vote, to wit: AYES: Council Members Guthrie, Costello, Fellows, Arnold, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 26~' day of May 2009. RESOLUTION NO.'119(0 PAGE 3 TO~RI~ ,MAYOR ATTEST: KELLY WE MO ,CITY CLERK APPROVED AS TO CONTENT: STE EN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIM HY J. MEL, CITY ATTORNEY Exhibit "A" February 10, 2009 Mr. Steven Brandt Public Works Inspector City of Arroyo Grande Public Works Department 208 East Branch Street Arroyo Grande, CA 93420 RE: Public Works Improvements Five Cities Center Cross Gutter DrainagelRancho Parkway Dear Mr. Brandt: ®~ II~VESTEC COMMERCIAL, INC. The Wallace Group has informed ownership of the Five Cities Center that a portion of surface water run-off originating from Rancho Parkway may flow onto the Five Cities Center property via the newly improved entry/exit at this location. The potential water run-off onto the property from Ranch Parkway was reviewed with Wallace Group engineers and, after consultation with them, they believe any such run-off is acceptable to ownership. Wallace Group designed the new improvements in a manner designed to allow that any such run-off water onto the property to flaw to . the existing on-site drainage inlets without concern to the property. Therefore, Levon Investments, LLC agrees to accept drainage onto its Five Cities Center property from Rancho Parkway. It is understood that this letter will be recorded. In the event you may have any questions and/or concerns, please feel free to contact me. ah P. Slaught Executive Officer I Investments, LLC CC: .Dave Pintard Greg Parker Brad Brechwald Brian Meichtry Attachments: Photograph of cross gutter Project drawing of cross gutter Appt1Y0 GRANDE CIN FEB 1 7 2009 Pti3LIC v/ORKS DEPT. 200 East Carrillo Street, Suite 200, Santa Barbara, CA _9 3101-214 4 • 805.962.8989 ^ 805.962.5768 Fax • www.investecre.com 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. 4186 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 26~h day of May 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27"' day of May 2009. h.2_ KELLY E ORE, CITY CLERK