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R 3706 RESOLUTION NO. 3706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 03.003, LOCATED AT 579 CAMINO MERCADO, APPLIED FOR BY CENTRAL COAST REAL EST ATE DEVELOPMENT, INC. WHEREAS, the City Council approved Conditional Use Permit Case No. 01-010 on January 22,2002 to construct a 60-unit senior apartment complex and 3,000 square foot senior recreation center; and WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 02- 002 on May 28, 2002 to convert the one-bedroom senior apartment units to all two- bedroom units; and WHEREAS, the City Council of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 03-003, filed by Central Coast Real Estate Development, Inc. to modify the plans approved for Conditional Use Permit Case No. 01- 010 by reducing the on-site parking by two (2) spaces, allowing construction easements on City open space property, removing oak trees and constructing a pedestrian path; 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 (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is categorically exempt per CEQA Guidelines Section 15305; 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 Professional Commercial (P-C) District of the Oak Park Acres Planned Development (PD 1.1) pursuant to 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 similar to 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. RESOLUTION NO. 3706 PAGE 2 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 wetfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 03-003, 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 Costello, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: Council Members Costello, Dickens, Runels, Lubin, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 26th day of August, 2003. RESOLUTION NO. 3706 PAGE 3 TONY M. FE ATTEST: , ./ illiit1JulUL E, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~ITYMANAGER APPROVED AS TO FORM: I J RESOLUTION NO. 3706 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003 Central Coast Real Estate Development, Inc. 579 Camino Mercado COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to reduce the on-site parking by two (2) additional spaces, allow construction easements on City property, remove eighteen (18) Coast Live Oak trees, and construct a pedestrian path on adjacent City property. 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 Conditional Use Permit Case No. 01-010, Amended Conditional Use Permit Case No. 02-002, and Amended Conditional Use Permit Case No. 03-003. 3. This application shall automatically expire on August 26, 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 August 26, 2003, and marked Exhibit "B1". Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions. 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. 6. To formalize the offer of dedication to the City of Arroyo Grande of the northern portion of the property where the pedestrian path terminates, the applicant shall record an irrevocable open space easement on behalf of the City. ----_._~- -_._~ RESOLUTION NO. 3706 PAGE 5 7. Prior to issuing a certificate of occupancy, the applicant shall make necessary improvements for the pedestrian path as indicated on Exhibit "B". 8. The landscape plan shall include a mix of plant material that screens the project and pathway from adjacent residents. 9. The public pedestrian path that begins at the bus turnout on Camino Mercado in front of the project site shall connect to the pedestrian path located adjacent to the access driveway on City property. The pedestrian crossing over the access driveway shall be clearly marked. 10. To satisfy tree removal mitigation requirements, the applicant shall plant fifty-four (54) 5 and 15-gallon Coast Live Oak trees on and off site per the approved Tree Protection and Replacement Plan, or as modified by the Parks, Recreation and Facilities Director, and pay $13,500 as tree removal in-lieu fees for the ninety (90) replacement trees that cannot be accommodated on or off-site. The replacement trees shall be maintained by the applicant for a period of three (3) years, or until the City determines that the replacement trees are established and no longer in need of irrigation and maintenance. If any of the replacement trees die within this timeframe, the applicant shall replace in-kind, subject to approval of the Parks, Recreation and Facilities Director. . - ------- ~_._-_._--._"- \ RESOLUTION NO. 3706 . 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 perjury, that Reso.lution No. 3706 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 26th day of August, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of August, 2003. ~ RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK I J