R 4238 RESOLUTION NO. 4238
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING CONDITIONS OF
APPROVAL FOR VESTING TENTATIVE TRACT MAP
CASE NO. 05 -003 AND PLANNED UNIT DEVELOPMENT
CASE NO. 05 -007, APPLIED FOR BY CENTRAL COAST
REAL ESTATE DEVELOPMENT FOR PROPERTY
LOCATED ON FAIR OAKS AVENUE (EAST OF ARROYO
GRANDE COMMUNITY HOSPITAL)
WHEREAS, on September 26, 2006, the City Council of the City of Arroyo Grande
approved Vesting Tentative Tract Map 05 -003 and Planned Unit Development 05 -007,
filed by Central Coast Real Estate Development, for a mixed -use development
proposed in two phases on a 5.5 -acre site. Phase I includes thirty (30) 2 -story town
homes (41 density equivalent units) and a 46,175 square foot open space lot, and
Phase II conceptually includes up to 40,000 square feet of medical office space on four
(4) parcels with surface parking. Phase II will be subject to separate discretionary
approval and associated environmental review; and
WHEREAS, On February 12, 2008 the City Council approved a Final Map for Tract
2792; and
WHEREAS, the City Council has held a public hearing on the developer's request for a
modification to mitigation measure 9.1 for affordable housing that is included as a
condition of approval in accordance with City Code; and
WHEREAS, the City Council finds that this project remains consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith, and has reviewed this modification to a mitigation measure under the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances remain unchanged:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text and
the requirements of the Development Code.
2. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
RESOLUTION NO. 4238
PAGE 2
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
5. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract map or that altemate easements for
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements as prescribed in
Division 7 (commencing with Section 13000) of the Califomia Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
Planned Unit Development Permit Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan.
2. The project site is adequate in size and shape to accommodate said use and all
yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and
other features required by the Development Code.
3. The site for the proposed development has adequate access, meaning that the site
design and development plan conditions consider the limitations of existing streets
and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be compatible
with the existing single - family tesidential, hospital and medical office uses in the
surrounding area.
6. The improvements required, and the manner of development, adequately address
all natural and man -made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
RESOLUTION NO. 4238
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7. The proposed development carries out the intent of the Planned Unit Development
Provisions by providing a more efficient use of the land and an excellence of design
greater than that which could be achieved through the application of conventional
development standards.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for Vesting
Tentative Tract Map No. 05-003 and Planned Unit Development 05 -007.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for public
review. A copy of the Mitigated Negative Declaration and related materials is
located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts the Mitigated Negative Declaration
and finds that there is no substantial evidence of any significant adverse effect,
either individually or cumulatively on wildlife resources as defined by Section 711.2
of the Fish and Game Code or on the habitat upon which the wildlife depends as a
result of development of this project. The City Council finds that said Mitigated
Negative Declaration reflects the City's independent judgment and analysis.
Further, the City Council has held a public hearing to substitute a mitigation
measure that is considered to be undesirable in accordance with Pub. Resources
Code Section 21080(0 and Section 15074.1 of the CEQA Guidelines. The
revised Mitigation Measure No. 9.1 is more effective than the replaced measure
in mitigating affordable housing impacts. The acceptance of lump sum fees for
the South Alpine Water Main project represents no impact chance since the
condition will still be satisfied. The revised measures will not cause any
potentially significant effects on the environment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby amends condition of approval No. 49 and mitigation measure 9.1 for Vesting
Tentative Tract Map No. 05 -003 and Planned Unit Development No. 05 -07 as set forth in
Exhibit A, attached hereto and incorporated herein by this reference, with the above
findings and subject to all other original conditions of approval imposed thereon.
On a motion by Council Member Guthrie, seconded by Council Member Fellows, and by
the following roll call vote to wit:
AYES: Council Members Guthrie, Fellows, Arnold, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 8 day of December 2009.
RESOLUTION NO. £{ 23%
PAGE 4
TONY FERRApc YOR
ATTEST:
KELLY W' TM 9 E, CITY CLERK
APPROVED AS TO CONTENT:
STE E ADAMS, CITY MANAGER
APPROVED AS TO FORM:
T1771
- IM HY J. C EL, CITY ATTORNEY
RESOLUTION NO. 4238
PAGE 5
EXHIBIT "A"
AMENDED CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 05 -003 &
PLANNED UNIT DEVELOPMENT 05 -007
Central Coast Real Estate (Innovative Housing Solutions)
Fair Oaks Avenue (east of Arroyo Grande Community Hospital)
Condition of Approval No. 49 — The applicant shall contribute their fair share of the
South Alpine Water main upgrade as outlined in the water master plan as follows:
improvement plans prepared by KC Design Group dated August 16, 2007 and approved
January 7, 2008, and a cash payment of $13,884.
MM 9.1: An in lieu fee of $22,500 per unit for a total of $101,250 for 4.5 units, (fifteen
percent (15 %) of new units constructed). The in -lieu fee may be collected in accordance
with project phasing.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD, 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. 4238 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 8`" day of December 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11`" day of
December 2009.
l //
KELLY ET • RE, CITY CLERK