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PC R 08-2059RESOLUTION NO. 08-2059 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED PLANNED UNIT DEVELOPMENT 08-001; LOCATED AT 100 WEST LE POINT STREET; APPLIED FOR BY MICHAEL BOYLE . WHEREAS, the applicant has filed Amended Planned Unit Development 08-001 to convert existing ground-floor commercial space in a mixed-use building located in the Village Mixed-Use (VMU) zoning district to two (2) apartments; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Planned Unit Development 08-001 at a public hearing on April 15, 2008 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City' s General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist: Planned Unit Development Findings 1. That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; The proposed deve%pment is consistent with the goals, objectives and programs of the general plan. Although the general plan encourages ground- floor commercial uses in the Village, the proposed deve%pment is not located in the commercial core of the Village, instead it is adjacent to residential and public facility uses. 2. That the site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required; The proposed deve%pment consists of converting commercial space to two (21 apartments. The increase in residential density will not exceed the maximum allowed density of the site; the proposed deve%pment will not substantially change the exterior character of the building nor will it impact ya�ds, open spaces, setbacks, walls or fences, parking area, landscaping or any other exterior features. RESOLUTION NO. 08-2059 APUD 08-001 APRIL 15, 2008 PAG E 2 of 6 3. That 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; The proposed deve%pment will not change the existing access, which adequately serves the site. 4. That adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare; The proposed deve%pment will not require any increase in public services beyond existing levels. 5. That 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 and planned land use character of the surrounding area; The proposed deve%pment is consistent with the existing land uses and character of the su�rounding area, which includes office, �esidential and public facility uses; therefore, the proposed deve%pment will not have any adverse effect on surrounding property or the pe�mitted use thereof. 6. That the improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards; Through compliance with applicable California Building Code (CBCJ standards, the required improvements will adequately address all natural and manmade hazards associated with the proposed deve%pment. 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; The p�oposed deve%pment carries out the intent of the p/anned unit deve%pment provisions by providing additional rental housing; the proposed RESOLUTION NO. 08-2059 APUD 08-001 APRIL 15, 2008 PAG E 3 of 6 deve%pment does not require any substantial changes to the exte�ior of the existing building. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). All performance standards listed in Section 16.32.050 (El are in place and will not be affected by the p�oposed deve%pment. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Planned Unit Development 08-001, as shown in Exhibit " B" 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 Commissioner Marshall, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Marshall, Barneich, Keen NOES: Chair Ray ABSENT: Commissioner Tait the foregoing Resolution was adopted this 15 day of April 2008. RESOLUTION NO. 08-2059 APUD 08-001 APRIL 15, 2008 PAG E 4 of 6 r_�ir��� _ � KATHY M DOZA FOR Lti R"RDON-SMITH, COMMISSION CLERK AS TO CO COMMUNITY DEVELO�MENT DIRECTOR CAREN R Y, •HAIR RESOLUTION NO. 08-2059 APUD 08-001 APRIL 15, 2008 PAGE5of6 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED PLANNED UNIT DEVELOPMENT 08-001 100 WEST LE POINT STREET This approval authorizes the conversion of the ground-floor commercial space at 100 West Le Point Street to two (2) apartments. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 1. �� 3. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Amended Planned Unit Development 08-001. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of April 15, 2008 and marked Exhibit "B". 4. The applicant shall, as a condition of approval of this application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 5. � Development shall conform to the Village Mixed-Use (VMU) zoning district standards except as otherwise approved. All conditions of approval for the project shall be included in construction drawings. BUILDING AND FIRE DEPARTMENT GENERAL CONDITIONS: 7. All tenant improvements shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 8. All tenant improvements shall provide complete compliance with State and Federal disabled access requirements. RESOLUTION NO. 08-2059 APUD 08-001 APRIL 15, 2008 PAGE 6 of 6 9. All fire sprinkler systems shall comply with NFPA 13 standards. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REaUIREMENTS: 10. Prior to occupancy, the applicant shall analyze the existing water service and make any necessary modifications to Public Works standards if a larger service is deemed to be necessary. PLANNING COMMISSION CONDITIONS 11. Should the building at 180 West Le Point be converted to an entirely residential use at any time in the future, the property owner of 100 West Le Point shall provide two (2) additional parking spaces, either by providing the spaces on-site, or by providing the spaces off-site through an agreement acceptable to the City or purchasing off-site spaces through the City. 12. Prior to issuance of building permits, the applicant will verify, through the Parks, Recreation and Facilities Department, that the project complies with the approved landscape plan for TTM and PUD 04-003.