R 3087
.
\ ,
, \
RESOLUTION NO. 3087
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY
OF ARROYO GRANDE UPHOLDING IN PART THE
APPEAL OF PLANNING COl\1MISSION CONDITIONS OF
APPROVAL AND MITIGA TION MEASURES;
CONDITIONAL USE PERMIT CASE NO. 95-537 AND
TENTATIVE PARCEL MAP CASE NO. 95-524; FOR TI-IE
OAK PARK CENTER, 1650 GRAND AVENUE j
WHEREAS, On June 6, 1995, the Planning Commission of the City of Arroyo Grande
held a duly noticed public hearing on Conditional Use Permit Case No. 95-537 and Tentative
Parcel Map Case No. 95-524 for the Oak Park Center, 1650 Grand Avenue, applied for by The
Vons Companies, Inc.; and
WHEREAS, after due study, deliberation, and public hearing, the Planning Commission
approved said project subject to conditions of approval pursuant to City Code and measures
designed to mitigate project impacts on the environment pursuant to the California
Environmental Quality Act: and
WHEREAS, on June 27, 1995, The Vons Companies, Inc., filed an appeal of several
Planning Commission conditions of approval and mitigation measures; and
WHEREAS, City staff diligently researched the issues presented in said appeal, met with
the appellants and presented their data, findings, and recommendations in a report from the
Planning Director dated August 8, 1995; and
WHEREAS, said report provides detailed background information, findings and
recommendations; and
WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public
hearing on August 8, 1995, to consider said appeal; and
WHEREAS, after due study, deliberation, and public hearing, the City Council finds the
following circumstances exist:
1. The uses allowed under said conditions of approval are consistent with the project review
and studies conducted therewith, are consistent with city codes, and impose no greater
burden on the applicant than would apply to any applicant under the Arroyo Grande
Municipal Code.
2. OjJsite drainage improveme1lts are 1lecessary to service the project, but provide some
community wide benefit justifying a credit of $23,968 against drainage fees which
othenvise would be assessed.
. \
( ,
Resolution No. 3087
Oak Park Center Appeal
August 22, 1995
Page 2
3. Traffic impact fees required of the applicant have been credited for previous
uses/buildings on the site and improvements to be made by the applicant on Grand
Avenue and Oak Park Boulevard. The remaining fees to be paid by the applicant will
offset project impacts on the City's circulation backbone. Additional improvements to
be made by the applicant but not receiving credit directly relate to development of the
proposed shopping center.
4. Courtland Street sidewalk improvements between property bOlmdGlY and Brighton A venue
are necessary to mitigate project impacts on air quality and pedestrian safety.
5. The establishment and timing of fees is consistent with the project review which
identified the project as a shopping center as opposed to a phased set of stand-alone
buildings.
6. The information contained in the Planning Director's report dated August 8, 1995
identifies the issues, reports the facts, and presents findings and supporting data that is
pertinent to this appeal.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby resolves as follows:
1. The above circumstances represent the City Council's findings of fact in this matter,
furthermore, the facts, findings, and supporting data contained in the Planning Director's
report dated August 8, 1995 are incorporated herein by reference and are adopted as the
findings and supporting data of the City Council, as amended.
2. CUP Condition of Approval No. 6 shall remain as approved by the Planning
Commission. The language requested by the applicant would allow broad categories of
uses without additional review, analysis, and approval by the City. This pre-approval
of unknown future uses without evaluating the environmental impacts or compatibility
with surrounding neighborhood uses would deprive neighboring property owners of
valuable due process rights.
The City Council incorporates by reference the staff comments regarding the appeal of
CUP Condition of Approval No.6 as set forth in the Planning Director's staff report
dated August 8, 1995.
3. CUP Condition of Approval No's. 18 and 45 and Parcel Map 9 shall he modified to
provide credit for offsire drainage improvements ill the amou!lt of $23,968.
4. CUP Condition of Approval No. 42; Tentative Parcel Map Condition of Approval No.
22 and Mitigation Measure No. 29 shall remain. The intent of Mitigation Measure No.
29 has been met, and a Fire Impact Fee does not have to be paid. The applicant's
installation of off-site improvements including substantial upgrading of the water main
and related transport facilities are an area wide benefit.
,
-,
Resolution No. 3087
Oak Park Center Appeal
August 22, 1995
Page 3
The City Council incorporates by reference the staff comments regarding the appeal of
CUP Condition of Approval No. 42 and Parcel Map Condition of Approval No. 22 as
set forth in the Planning Director's staff report dated August 8, 1995.
5. CUP Condition of Approval No's. 28 and 28a shaIJ remain as approved by the Planning
Commission. The Signalization Fee shall be $40,448.00.
6. CUP Condition of Approval No's. 33, & 36; Parcel Map Conditions 13, & 16; and
Mitigation Measure 26 are modified to read as follows: ....-...
CUP 33 & PM 13- The applicant shall improve Courtland Street to a fuIJ local road
standard from Grand A venue to the north property boundary. The applicant shaIJ
construct sidewalk . improvements along Courtland Street from the north property
boundary to Brighton A venue to the satisfaction of the Director of Public Works in
consultation with the Community Development Director of Grover Beach.
CUP 36 & PM 16-171e cost of C011strucring fro1ltage improveme1lts consisting of a right
turn lane along Grand A vellue at Oak Park Blvd., and additional lanes in Oak Park
Blvd. shall receive a credit of $74,025.22 against calculated Traffic Impact Fees.
FUl1hemlOre, Applicam will have the option of either constructing. nOll-frontage
improvemems on Oak Park Blvd. to a point betweellthe property boundary and Brighton
Ave. as dete17llined by the City, or paying a Traffic Impact Fee of $96,376.54, prorated
at time of Certificate of Occupancy of each building. Applicant will provide the design
for allfrolllage and non-frolllage improvemellls without credit to the Traffic Impact Fees.
M.M. 26-171e applicant shall pay a TrqfJic Impact Fee of $340,580.60 with a credit of
$170,178.84 for previous use on the propel1y and a credit of $74,025.22 for Grand
Avenue and Oak Park Blvd. frOlllage improvemems, with either a net payment of
$96,376.54, orfllrther construction as set forth in the conditions of approval.
Monitoring Pl'Ogf'Om: Improvemellts shall be made, or fees shall be paid
Time Frame: Prior to issuance of building pennits; certificate of
occupancy; or as agreed in the conditions of approval
Responsible Agency: Planlling and Building Departments
7. The intent of Mitigation Measure No. 16 has been met by the applicant's landscape
architect's letter dated July 31, 1995.
8. CUP Condition of Approval No. 15g and Mitigation Measure No.9 shall remain as
approved by the Planning Commission. The current configuration of the walkway and
ramps is adequate and the addition of a small additional cart storage area near the corner
of building pad "B" will meet the intent of this condition.
,
. .
Resolution No.3 0 B 7
Oak Park Center Appeal
August 22, 1995
Page 4
9. CUP Condition of Approval No. 19 shall remain as approved by the Planning
Commission.
10. Parcel Map Condition of Approval No. 17 is modified by adding the following:
"In no case shall the appella11/ be responsible for providing right of way
for improveme1lts beyond their 1l01th propert)' line on. Courtland Street. "
11. Parcel Map Condition of Approval No. 11 is modified to read:
"Concurrent with recordation of the parcel map, the applicant shall record
CC"&R's and easements that, at a minimum, regulate joint parking,
drainage, access and maintenance. The City Attorney shall review and
approve CC&R's and easeme11/.S with respect to these specific items.
Those provisions required by the City as a part of the approval process
may not be amended or otherwise changed without prior written consent
of the City. "
12. CUP 33 and PM 13, and CUP 36 and PM 16 are amended as foHows:
CUP 33 &: PM 13 - 17le applicant shall improve Courtland Street to a full local road
standard from Grand A venue to the north property boundary. 17le applicant shall
construct sidewalk improveme11/s along Courtland Streef from the north property
boundary to Brighton A venue to the .roti.ifaction of the Director of Public Works in
consultation with the Community Development Director of Grover Beach.
CUP 36 &: PM 16 - 17le cost of con.'itructing frontage improvemems consisting of a right
turn lane along Grand A venue al Oak Pal* Blvd., and additional lanes in Oak Pal*
Blvd. shall receive a credit of $74,025.22 against calculated Trqffic Impact Fees.
Furthermore, Applicant will have the option of either constructing nOll-frontage
improvemems OIl Oak P01* Blvd. to a point between the propel1y boundary and Brighton
A ve. as detennined b)' the Cit)' Public Work.'i Director, or paying an agreed upon TrqfJic
Impact Fee of $96,376.54. Applica11l will provide the design for allfr01lfage and non-
frontage improvements without credit to the TrafJic Impact Fees. Mitigation Measure No.
B shall remain as curremly worded.
13. Mitigation Measure No. 11 is modified to delete the portion that states: "City may
require regular submission of .raid onalyse.'i".
14. Collection of fees shall be as follows:
· Bui1ding Tax - This will be collected at the time of issuance of Certificate of
Occupancy for each building, based on City Policy.
. .
. .
Resolution No. 3087
Oak Park Center Appeal
August 22, 1995
Page 5
· School Fee - This fee is collected by the School District, so the City does not
have the authority to determine the fee amount or time of collection.
· Traffic Signal and Traffic Impact Fees - The Traffic Signal Fee and Traffic
Impact Fee shall be collected at the time of issuance of Certificate of Occupancy
for each building, based on City Policy.
· Sewer and Water Fees - These fees shall be collected prior to issuance of '_..
Certificate of Occupancy for each building, based on City policy.
On motion of Council MemberSouze , seconded by Council Member Lady , and
by the following roll call vote, to wit:
A YES: Council Members Souza, Lady, Fuller and Mayor Dougall
NOES: None
ABSENT: Council Member Brandy
the tion was adopted this 22nd day of August, 1995.
ATTEST:
'i7~a.~
NANCY A. DA Vi , CITY CLERK
APPROVED AS TO FORM:
~ITY ATIORNEY
APPROVED AS TO CONTENT:
Kr1cnL.H~
ROBERT L. HUNT, CITY MANAGER
.
. .
Resolution No. 3087
Oak Park Center Appeal
August 22, 1995
Page 6
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 the foregoing Resolution No. 3087
is a true, full and correct copy of said Resolution passed and
adopted at a regular meeting of said Council on the 22nd day of
August, 1995.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 24th day of August, 1995.
'-11~a.~
NANCY A. D IS, CITY CLERK