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R 3671 ---- -~-------- RESOLUTION NO. 3671 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 03-002, LOCATED AT 908 RANCHO PARKWAY, APPLIED FOR BY INVESTEC PROPERTIES, INC. FOR FITNESS 19 WHEREAS, the City Council of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 03-002, filed by Investec Properties, Inc., to allow a health and fitness use in Building "F" of the Five Cities Shopping Center; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CECA), the State CECA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CECA and has detennined that a Negative Declaration can be adopted; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Regional Commercial (RC) land use category and Rancho Grande Planned Development (PO 1.2) zoning district pursuant to the provisions of Section 16.16.050 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 compatible with surrounding uses. 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 the proposed project would not create adverse environmental impacts. _ ..___m_________ RESOLUTION NO. 3671 PAGE 2 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 Amended Conditional Use Permit Case No. 03-002. 2. Based on the initial study, a Negative Declaration was prepared for public review. A copy of the 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 a 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. Further, the City Council finds that said Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Director of Administrative Services to file a Notice of Determination, and approves Amended Conditional Use Permit Case No. 03-002, with the above findings and subject to the conditions as set forth in Exhibit -A-, attached hereto and incorporated herein by this reference. On motion by Council Member Lubin, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: Council Members Lubin, Dickens and Costello NOES: Council Member Runels and Mayor Ferrara ABSENT: None the foregoing Resolution was adopted this 2200 day of April 2003. -----~ RESOLUTION NO. 3671 PAGE 3 ~ ~ TONY M. RARA, MAYOR ATTEST: ftf'dtJ,U- E, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: A~':I ADAMS. CITY MANAGER APPROVED AS TO FORM: ~A--~e . TIM HY J. EL, CITY ATTORNEY RESOLUTION NO. 3671 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 03..Q02 Investec Properties, Inc. for Fitness 19 908 Rancho Parkway COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes a health and fitness facility to occupy up to 7,000 square feet of floor area in Building "F" of the Five Cities Shopping Center. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No. 03-002. 3. This application shall automatically expire on April 22, 2005 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of April 22, 2003. 5. 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. DEVELOPMENT CODE 6. Development shall conform to the PD 1.2 zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60. --_.~_..__._." -_._--------~ RESOLUTION NO. 3671 PAGE 5 NOISE 8. Construction shall be limited to between the hours of 7 a.m. and 10 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. WATER 9. Any new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 10. Prior to issuing a certificate of occupancy, all ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. POLICE DEPARTMENT 11. Prior to issuing the certificate of occupancy, the applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. BUILDING AND FIRE DEPARTMENT 12. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 13. The project shall provide access per ADA and Title 24 requirements. Prior to Issuing a Building Pennlt: 14. County Health Department approval is required for food service uses, if applicable. Prior to Issuing the certificate of occupancy: 15. The applicant must provide an approved "security key vaulr per BuDding and Fire Department guidelines. 16. The tenant space must be fully sprinklered per Building and Fire Department guidelines. PUBLIC WORKS DEPARTMENT GENERAL REQUIREMENTS 17. The applicant shall pay all applicable City fees at the time they are due. -~._-- RESOLUTION NO. 3671 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California. do hereby certify under penalty of pe~ury. that Resolution No. 3671 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 22"d day of April. 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of April, 2003. RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK ---------.--- ~---~.^----- --_..~