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PC R 02-1837RESOLUTION NO. 02-1837 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 02-002, 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 Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 02-002, filed by Central Coast Real Estate Development, Inc. to modify Conditional Use Permit Case No. 01-010 by converting the 20 one-bedroom apartment units to finro-bedroom units; and WHEREAS, the Planning Commission has 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 the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is categorically exempt per CEQA Guidelines Section 15305; 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 9-03.050 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. 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. RESOLUTION NO. 02-1837 PAGE 2 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 Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Amended Conditional Use Permit Case No. 02-002, 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 Guthrie, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioner's Guthrie, Fowler, Brown, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 7` day of May 2002. ATTEST: �l ��',���%[/I1 L REARDON-SMITH, COMMISSION CLERK AS TO CONTENT: J0,5EP M. COSTELLO, CHAIR KELLY EFFE � ON ACTI G COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 02-1837 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 02- 002 Central Coast Real Estate Development, Inc. 579 Camino Mercado COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to convert twenty one-bedroom units to two-bedroom units. The total number of units originally approved remains unchanged. 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 and Amended Conditional Use Permit Case No. 02-002. 3. This application shall automatically expire permit is issued. Thirty (30) days prior t applicant may apply for an extension of o expiration. on May 28, 2004 unless a building o the expiration of the approval, the ne (1) year from the original date of 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 28, 2002, and marked Exhibits "B1 — 65". Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions. 5. The applicant shall 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 expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition.