PC R 03-1889RESOLUTION NO. 03-1889
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THAT
THE CITY COUNCIL APPROVE AMENDED CONDITIONAL
USE PERMIT CASE NO. 03-003, LOCATED AT 579
CAMINO MERCADO, APPLIED FOR BY CENTRAL COAST
REAL ESTATE DEVELOPMENT, INC.
WHEREAS, the City Council approved Conditional Use Permit Case No. 01-010 on
January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot
senior recreation center; and
WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 02-
002 on May 28, 2002 to convert the one-bedroom senior apartment units to all two-
bedroom units; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Amended Conditional Use Permit Case No. 03-003, filed by Central Coast Real Estate
Development, Inc. to modify the plans approved for Conditional Use Permit Case No. 01-
010 by reducing the on-site parking by two (2) spaces, allowing construction easements
on City open space property, removing oak trees and constructing a pedestrian path; and
WHEREAS, t he P lanning C ommission h as held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with tfie
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that a
Mitigated Negative Declaration can be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the Professional Commercial (P-C) District of
the Oak Park Acres Planned Development (PD 1.1) pursuant to Section 16.16.050
of the Development Code, and complies with all applicable provisions of the
Development Code, 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 is similar to
surrounding uses.
RESOLUTION NO. 03-1889
PAGE 2
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.
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 P lanning C ommission o f t he C ity o f
Arroyo Grande hereby recommends that the City Council approve Amended Conditional
Use Permit Case No. 03-003, 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 Keen, seconded by Commissioner Arnold, and by the
following roll call vote, to wit:
AYES: Commissioners Keen, Arnold, Fowler and Chair Guthrie
NOES: None
ABSENT: Commissioner Brown
the foregoing Resolution was adopted this 5�' day of August
ATTEST:
� �'�A�� �
L N REARDON-SMITH,
COMMISSION CLERK
AS TO CS�NTEN,T:
ROB'STRONG
COMMUNITY DEVE OPMENT DIRECTOR
S GCJTHRIE, CHAIR
�
RESOLUTION NO. 03-1889
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
Central Coast Real Estate Development, Inc.
579 Camino Mercado
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This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to
reduce the on-site parking by two (2) additional spaces, allow construction easements on
City property, r emove e ighteen (18) C oast L ive O ak t rees, a nd c onstruct a p edestrian
path on adjacent City property.
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. 01-010, Amended Conditional Use Permit Case No. 02-002, and
Amended Conditional Use Permit Case No. 03-003.
3. This application shall automatically expire on August 26, 2005 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 City Council at the meeting of A ugust 2 6, 2 003, a nd m arked E xhibit " 61 ".
Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, except as specifically modified by these conditions.
5. The a pplicant s hall 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 shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's 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 e xpense i n the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
6. To formalize the offer of dedication to the City of Arroyo Grande of the northern
portion of the property where the. pedestrian path terminates, the applicant shall
record a lot line adjustment between the subject property and the City's open
space property.
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7. Prior to issuing a certificate of occupancy, the applicant shall make necessary
improvements for the pedestrian path as indicated on Exhibit "B".
8. The public pedestrian path that begins at the bus turnout on Camino Mercado in
front of the project site shall connect to the pEdestrian path located adjacent to the
access driveway on City property. The pedestrian crossing over the access
driveway shall be clearly marked.
9. To satisfy tree removal mitigation requirements, the applicant shall plant fifty-four
(54) 5 and 15-gallon Coast Live Oak trees on and off site per the approved Tree
Protection and Replacement Plan, or as modified by the Parks, Recreation and
Facilities Director, and pay $13,500 as tree removal in-lieu fees for the ninety (90)
replacement trees that cannot be accommodated on or off-site. The replacement
trees shall be maintained by the applicant for a period of three (3) years, or until
the City determines that the replacement trees are established and no longer in
need of irrigation and maintenance. If any of the replacement trees die within this
timeframe, the applicant shall replace in-kind, subject to approval of the Parks,
Recreation and Facilities Director.