R 3126
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RESOLUTION NO. 3126
A RESOLUTION OF THE CITY COUN~ OF THE CITY
OF ARROYO . GRANDE PROVIDING THE
INTERPRETATION THAT AN AFFORDABLE SENIOR
APARTMENT COMPLEX IS NOT AN INSTITUTIONAL
USE WIT.H1.N THE CONTEXT OF ORDINANCE 355 C.S. f"
,
- WHEREAS, the Development Code was adopted by the City Council on May 14, 1991,
. and became effective on June 13, 1991; and
WHEREAS, Section 9-01.110 (G)(3) of the Development Code provides the Planning
Commission with the, authority to review ambiguities and make recommendations to the City
Council; and
WHEREAS, On May 19, 1987, the City Council adopted OrdinanCe 355 C.S. for the
Royal Oaks Planned Development; and
WHEREAS, Ordinance 355 C.S. included sections regulating use of the lots within the
development; and
WHEREAS, Section 2, number 3 of Ordinance 355 C.S. indicated that "Lots C, 182 and
184 may be converted to institutional uses upon approval of City Council after rezoning public
hearing "; and
WHEREAS, Mr. Thomas J. Kemper ofPacitic Harbor Capital, Inc. submitted a request
for interpretation of whether an affordable senior apartment complex is an institutional use within
the context of Ordinance 355 C.S.; and
WHEREAS,- on Febnmy 20, 1996 the Planning Commission reviewed said
interpretation and provided a recommendation to the City Council; and
WHEREAS, the City Council, after due research and deliberation finds that:
1. . Subsection 5.F. of Section 2 of Ordinance 355 C.S. identifies a YMCA as an institutional
use and prohibits residential resubdivision of lot 182.
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2. The Arroyo Grande Development Code and Institute of Traffic Engineers identify senior
apartment complexes as a residential use, not an institutional use.
3. A senior apartment complex does not meet the commonly used definition of institution,
as contained in Webster's Dictionary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby makes the interpretation. that a senior apartment compleX is not an institutional
use within the context of Ordinance 355 C.S.
Resolution No. 3 T 2 6
Interpretation on Institutional Use
Royal Oaks Estates Lot 182
March 12, 1996
Page 2
On motion of Council Member Brandy seconded by Council Member ~y
and by the following roll call vote, to wit:
AyEq; Council Members Brandy, Lady, Souza, Fuller, and Maycr Dougall
NOES: None
ASSENT; None
the foregoing Resolution was adopted this T Z~day of March , 1996.
A. K. "PETE" DOUGALL,
ATTEST:
G{~61..uY~ LC
NANCY A. AVIS, CITY CLERK
APPROVED AS TO CONTENT:
~ ~~.~
ROBERT .HUN'T', CITY MAN GER
APPROV]~ AS TO FORM:
f
'~ .. ; ROG C. ~ ~ TTY ATTORNEY
_.~
Resolution No. 3126,
Page 3
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I, NANCY A. DAMS, 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. 3126, is a true, 'full. and
correct copy of said Resolution passed and adopted at a regular cc~eti.ng
of said Council on the 12th day of March, 1996.
WITNESS my nand and the Seal of the City of Arroyo Grande affixed
thislgt~riay of March, 1996.
CITY CLERK