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R 4238 RESOLUTION NO. 4238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CONDITIONS OF APPROVAL FOR VESTING TENTATIVE TRACT MAP CASE NO. 05 -003 AND PLANNED UNIT DEVELOPMENT CASE NO. 05 -007, APPLIED FOR BY CENTRAL COAST REAL ESTATE DEVELOPMENT FOR PROPERTY LOCATED ON FAIR OAKS AVENUE (EAST OF ARROYO GRANDE COMMUNITY HOSPITAL) WHEREAS, on September 26, 2006, the City Council of the City of Arroyo Grande approved Vesting Tentative Tract Map 05 -003 and Planned Unit Development 05 -007, filed by Central Coast Real Estate Development, for a mixed -use development proposed in two phases on a 5.5 -acre site. Phase I includes thirty (30) 2 -story town homes (41 density equivalent units) and a 46,175 square foot open space lot, and Phase II conceptually includes up to 40,000 square feet of medical office space on four (4) parcels with surface parking. Phase II will be subject to separate discretionary approval and associated environmental review; and WHEREAS, On February 12, 2008 the City Council approved a Final Map for Tract 2792; and WHEREAS, the City Council has held a public hearing on the developer's request for a modification to mitigation measure 9.1 for affordable housing that is included as a condition of approval in accordance with City Code; and WHEREAS, the City Council finds that this project remains consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed this modification to a mitigation measure under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances remain unchanged: Tentative Tract Map Findings: 1. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of the Development Code. 2. The site, as shown on the tentative tract map, is physically suitable for the proposed density because all necessary easements, parking, open space, and setbacks can be provided. 3. The design of the tentative tract map or the proposed improvements are not likely to cause substantial damage to the natural environment, including fish, wildlife or their habitat. RESOLUTION NO. 4238 PAGE 2 4. The design of the subdivision or proposed improvements is not likely to cause public health problems. 5. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative tract map or that altemate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. 6. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the Califomia Water Code. 7. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Planned Unit Development Permit Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. The project site is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing single - family tesidential, hospital and medical office uses in the surrounding area. 6. The improvements required, and the manner of development, adequately address all natural and man -made hazards associated with the proposed development of the project site, including, but not limited to, flood, seismic, fire and slope hazards. RESOLUTION NO. 4238 PAGE 3 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. Required CEQA Findings: 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 Vesting Tentative Tract Map No. 05-003 and Planned Unit Development 05 -007. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts the Mitigated Negative Declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. The City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. Further, the City Council has held a public hearing to substitute a mitigation measure that is considered to be undesirable in accordance with Pub. Resources Code Section 21080(0 and Section 15074.1 of the CEQA Guidelines. The revised Mitigation Measure No. 9.1 is more effective than the replaced measure in mitigating affordable housing impacts. The acceptance of lump sum fees for the South Alpine Water Main project represents no impact chance since the condition will still be satisfied. The revised measures will not cause any potentially significant effects on the environment. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby amends condition of approval No. 49 and mitigation measure 9.1 for Vesting Tentative Tract Map No. 05 -003 and Planned Unit Development No. 05 -07 as set forth in Exhibit A, attached hereto and incorporated herein by this reference, with the above findings and subject to all other original conditions of approval imposed thereon. On a motion by Council Member Guthrie, seconded by Council Member Fellows, and by the following roll call vote to wit: AYES: Council Members Guthrie, Fellows, Arnold, Costello, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 8 day of December 2009. RESOLUTION NO. £{ 23% PAGE 4 TONY FERRApc YOR ATTEST: KELLY W' TM 9 E, CITY CLERK APPROVED AS TO CONTENT: STE E ADAMS, CITY MANAGER APPROVED AS TO FORM: T1771 - IM HY J. C EL, CITY ATTORNEY RESOLUTION NO. 4238 PAGE 5 EXHIBIT "A" AMENDED CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 05 -003 & PLANNED UNIT DEVELOPMENT 05 -007 Central Coast Real Estate (Innovative Housing Solutions) Fair Oaks Avenue (east of Arroyo Grande Community Hospital) Condition of Approval No. 49 — The applicant shall contribute their fair share of the South Alpine Water main upgrade as outlined in the water master plan as follows: improvement plans prepared by KC Design Group dated August 16, 2007 and approved January 7, 2008, and a cash payment of $13,884. MM 9.1: An in lieu fee of $22,500 per unit for a total of $101,250 for 4.5 units, (fifteen percent (15 %) of new units constructed). The in -lieu fee may be collected in accordance with project phasing. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande - CDD, City Attorney 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 the attached Resolution No. 4238 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 8`" day of December 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11`" day of December 2009. l // KELLY ET • RE, CITY CLERK