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R 3200 -. . < . .. . RESOLUTION NO. 3200 A RESOLUTION OF mE CITY COUNCIL OF mE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL FILED BY r TOM AND JANET TALBERT REGARDING THE REVISED DEVEWPMENT PLANS SUBMITTED ON THE CENTRAL COAST TOWN CENTER I l WHEREAS, by Resolution No. 3157, the City Council approved PD Specific Plan/Conditional Use Permit Case No. 96-541; Tentative Tract Map 2220 and Planned Sign Program 96-118 (sometimes collectively referred to herein as the "project") on or about July 9, 1996; and WHEREAS, condition of approval No.5 for the project, imposed through and monitored by the Community Development Department, requires the project development to occur in substantial conformance with the plans presented when the project was originally approved (hereinafter the "approved plans"); and WHEREAS, condition of approval No. 135 allows the Community Development Director to make minor changes to conditions and mitigation measures provided such changes do not significantly alter the intent of said conditions or mitigation measures; and WHEREAS, JLM Realty and Hawkeye Investments submitted revised plans to the Community Development Director for review and approval consistent with condition of approval No.5; and WHEREAS, on November 26, 1996, the Community Development Director found that the revised plans were in substantial conformance with the approved plans; and WHEREAS, the decision of the Community Development Director that the revised plans were in substantial conformance with the approved plans was appealed to the City Council by Tom and Janet Talbert pursuant to Arroyo Grande Municipal Code Section 1-4.01; and WHEREAS, on January 14, 1997, the City Council conducted a public hearing and considered the issue of whether the revised plans were in substantial conformance with the approved plans. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS: [ 1. The above recitals are true and correct. 2. The following changes contained in the revised plans are substantial and material in that they will affect the aesthetic quality and overall character of the project: a. The building labeled "Major I" has increased in size from about 102,500 square feet to as much as approximately 167,500 square feet (including an outdoor garden center and future expansion area), an increase of more than fifty percent (50%) from the approved plans. ~ The intent of the 102,500 square feet for "Major I" was to specifically limit the size of the largest major anchor store and to incorporate many other additional shop areas so as to be compatible with the surrounding land uses, community and respect the General Plan elements with regard to the rural character of our community; b. Buildings extend significantly outside the approved building limit lines; ! c. The possibility of an interim parking lot that would separate the largest store from the rest of the stores; and d. The lengthening of certain parking lot aisles. 3. The revised plans change the character, layout and building footprint design of the project as depicted in the approved plans. 4. Individually 'and in combination, the above-described changes are significant and i constitute substantial modifications to the approved plans for the project, and, based thereon, the City Council hereby upholds the appeal filed by Tom and Janet Talbert. On motion of Council Member Ladv , seconded by Council Member Fuller , and on the following roll call vote, to wit: A YES: Council Members Lady, Fuller, Runels, Tolley, and Mayor Dougall NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 11th da ,1997. ATTEST: APPROVED AS TO FORM: APPROVED AS TO CONTENT: I ~J Rdm-L. HlL~1 Robert L. Hunt, City Manager 2 .. , .. . . , I, NANCY A. DA VIS, 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 foregoing ( Resolution No. 3200 is a true, full and correct copy of said Resolution passed and adopted at ! a regular meeting of said Council on the 11 th day of February , 1997. ! l WITNESS my hand and the Seal of the City of Arroyo Grande affixed this J 4 t ~day of February ,1997. tl a. ~ Nancy ~ City Clerk H' , , , \ 3