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R 3347 . . . RESOLUTION NO. 3347 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY CONDITIONAL USE PERMIT 98-565 APPLIED FOR BY DR. ROBERT M. ANDERSON, APPROVING CONDITIONAL USE PERMIT CASE NO. 98-565 AND VARIANCE CASE NO. 99-002 FOR PROPERTY LOCATED AT 200 STATION WAY (VILLAGE CREEK PROMENADE), AND INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, WHEREAS, on December 1, 1998 the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing to consider Conditional Use Permit (CUP) Case No. 98-565 filed by Dr. Robert M. Anderson to construct a 27,350 square foot commercial office and retail complex; and WHEREAS, as part of its consideration of the application, the Planning Commission reviewed and considered the information and public testimony presented at the public hearing, the staff report and other information and documents that were part of the public record; and WHEREAS, after due study, the Planning Commission denied the CUP application; and WHEREAS, Dr. Robert M. Anderson filed a timely appeal of the Planning Commission decision to deny the CUP application; and WHEREAS, the City Council held a duly noticed public hearing on January 26, 1999 in accordance with City Code; and WHEREAS, the City Council reviewed and considered the information and public testimony presented at the public hearing, the staff report and other information and documents that are part of the public record; and WHEREAS, after due deliberation the City Council provided direction to staff concerning the matter, and directed that the matter be brought back before the City Council on February 23, 1999 for further proceedings; and WHEREAS, on February 2, 1999 Dr. Robert M. Anderson filed an application in Variance Case No. 99-002 requesting a variance from the landscaping setback requirements in the Development Code; and WHEREAS, the City Council has held a duly noticed public hearing on February 23, 1999 in accordance with the City Code; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearing on February 23, 1999, the staff report and other information and documents that are part of the public record; and RESOLUTION NO. 3347 PAGE 2 . WHEREAS, the City Council, having considered the matter finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of 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 and is located in the Village Commercial District. 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 all necessary drainage improvements will be made to accommodate existing and post development flows. Variance Findings: 1. The City Council has reviewed and considered the application for a variance from the lot width requirements of the Development Code, and makes the following findings with regard to the application for a variance: a. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship. not otherwise shared by others within the surrounding area. b. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. c. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone. - --"~~~--""~_.-"-'-_.~""- -----._---......_----- - RESOLUTION NO. 3347 PAGE 3 . . d. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. e. That the granting of the variance will not be detrimental to the public health; safety or welfare, or materially injurious to properties or improvements in the vicinity . f. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this Title. California Environmental Quality Act and Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for this project. 2. Based on the initial study, a negative declaration was drafted for public review. The City Council has considered the Negative Declaration together with any comments received and considered during the public review process. The Negative Declaration reflects the independent judgment of the City Council. 3. The City Council finds that through feasible conditions placed upon this project, the significant impacts on the environment have been eliminated or substantially mitigated to a level of insignificance. 4. The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the Director of the Administrative Services, City of Arroyo Grande, City Hall, Arroyo Grande, California. 5. Public Resources Code Section 21081.6 requires the City to adopt a reporting or monitoring program for the changes to the project it has adopted or made a condition of approval in order to mitigate or avoid significant effects of the project. Such changes, with their corresponding permit monitoring requirements which are attached hereto, are hereby adopted as the monitoring program for the project. The monitoring program is designed to ensure compliance during project implementation. 6. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council considered the negative declaration and found that there is no substantial evidence of any significant adverse environmental effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the RESOLUTION NO. 3347 PAGE 4 . habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby upholds the appeal of Dr. Robert M. Anderson in Conditional Use Permit Case No. 98-565, based on the above findings which are incorporated herein by reference, . adopts a Negative Declaration, instructs the Director of Administrative Services to file a Notice of Determination, approves Conditional Use Permit Case No. 98-565, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference, and approves Variance Case No. 99-002. On motion of Council Member Tolley, seconded by Council Member Runels, and on the following roll call vote, to wit: AYES: Council Members Tolley, Runels, Dickens, Ferrara, and Mayor Lady NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 23rd day of February,1999. ~""~, RESOLUTION NO. 3347 PAGE 5 . -- ATTEST: '11~a. ~ NANCY A. D VIS. DIRECTOR OF ADMINISTRATIVE SERVICES/CITY CLERK APPROVED AS TO CONTENT: Knlflf L. H~ ROBERT l. HUNT. CITY MANAGER APPROVED AS TO FORM: ORNEY -,.. RESOLUTION NO. 3347 PAGE 6 OFFICIAL CERTIFICATION - I, NANCY A. DAVIS, 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. 3347 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 23rd day of February, 1999. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of February, 1999. 'f1~ a. ~ NANCY A. AVIS, CITY CLERK