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R 3909 RESOLUTION NO. 3909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING APPEAL OS-006 AND APPROVING PLOT PLAN REVIEW OS..Q08; 230 STATION WAY WHEREAS, the Planning Commission of the City of Arroyo Grande adopted a Resolution denying the application for Plot Plan Review 05-008 at a hearing on October 4, 2005 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the applicant filed an appeal of the Planning Commission's decision to deny the application for Plot Plan Review 05-008 on October 14, 2005; and WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a public hearing on March 14, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council finds, after due study and deliberation, that the following circumstances exist: Mixed-Use Projects 1. The mixed uses are consistent with the general plan and are compatible with their surroundings, with neighboring uses, and with each other. Mixed-use is aI/owed in the Village Core (VC) as described in the Land Use Element of the General Plan. The proposed residential use is compatible with the surrounding office/commercial uses - neither use is anticipated to have a negative impact on the other; in fact, their peak hours of use tend to compliment each other, with the office/commercial portion utilized primarily during weekdays and the residential portion utilized primarily during nights and weekends. 2. The design protects the public health, safety, and welfare. The design will comply with al/ uac requirements for separation of occupancy, thereby protecting the public health, safety and welfare. 3. The mixed uses provide greater public benefits than single-use development of the site. This finding must enumerate those benefits, such as proximity of workplaces and housing, automobile trip reduction, provision of affordable housing, or other benefits consistent with the purposes of this section. The site is currently developed with only office/commercial uses, adding a RESOLUTION NO. 3909 PAGE 2 residential component would provide a greater public benefit than the existing uses by adding rental units to the City's housing stock, which the Housing Element seeks to encourage. Additionally, the residential use would be in close proximity to numerous services in both the Vi/lage and surrounding areas, which may reduce the use of automobiles by the residents. Plot Plan Review 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan; The proposed project site is located in the Vi/lage Mixed Use (VMU) zoning district and designated as Vi/lage Core in the Land Use Element of the General Plan. Several policies contained within the General Plan promote mixed use, such as LU6-4 (Vi/lage Core), which states, "...upstairs apartments are encouraged in conjunction with ground-floor commercial uses." 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; While the development was not designed to include residential uses, it does include adequate open space and parking (with allowed reduction), and the proposed units wi/l not be adversely affected by existing lighting or ambient noise levels beyond what other residential developments are exposed to. 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. The physical location of the use is compatible with the surrounding neighborhood and wi/l have access to adequate amenities and public services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby upholds the appeal and approves Plot Plan Review 05-008, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. 3909 PAGE 3 On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Guthrie, and Mayor Ferrara Council Members Dickens and Costello None the foregoing 'Resolution was adopted this 28th day of March, 2006. RESOLUTION NO. 3'10"1 PAGE 4 / / ATTEST: APPROVED AS TO CONTENT: c..... . /."/ y-4;;q-___\ <- ~ . //.". . -..., STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3909 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL PLOT PLAN REVIEW 05-008 230 STATION WAY This approval authorizes the construction of two (2) second-floor apartments within an existing two-story office building located 230 Station Way GFNFRAL CONDITIONS 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. The project shall substantially conform to the plans on file in the Community Development Department. 3. The applicant shall comply with all conditions of approval for Plot Plan Review 05- 008. 4. 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. 5. Any required exterior modifications to the existing building shall be subject to review and approval by the Architectural Review Committee (ARC). BUILDING AND FIRF DFPARTMENT CONDITIONS 6. All plans and construction drawings shall be prepared under the supervision of a licensed architect. 7. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 8. The project shall provide complete compliance with State and Federal disabled access requirements. 9. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 10. The project shall have a fire flow of 1,500 gallons per minute for a duration of 2 hours. RESOLUTION NO. 3909 PAGE 6 11. Prior to occupancy, the applicant shall provide an approved "security key vault", per Building and Fire Department guidelines. 12. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 13. The applicant shall pay water meter, service main, distribution and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 14. The applicant shall pay a water neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 15. The applicant shall pay a traffic impact fee, to be based on codes and rates in effect at the time of building permit issuance. 16. The applicant shall pay a traffic signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 17. The applicant shall pay sewer hook-up and facility permit fees, to be based on codes and rates in effect at the time of building permit issuance. 18. The applicant shall pay building permit fees, to be based on codes and rates in effect at the time of building permit issuance. 19. The applicant shall pay a Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance. . 20. The applicant shall pay a park development fee, to be based on codes and rates in effect at the time of building permit issuance. 21. The applicant shall pay a park improvements fee, to be based on codes and rates in effect at the time of building permit issuance. 22. The applicant shall pay a community centers fee, to be based on codes and rates in effect at the time of building permit issuance. 23. The applicant shall pay a fire protection fee, to be based on codes and rates in effect at the time of building permit issuance. 24. The applicant shall pay a police facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 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 Resolution No. 3909 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 28th day of March 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of March 2006. . '4~ l1 ile:lra-tOfl.L. KELLY WETMCE, CITY CLERK