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R 3954 RESOLUTION NO. 3954 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING APPEAL 06-001 WITHOUT PREJUDICE AND UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT 06-002; LOCATED AT 270 NORTH HALCYON ROAD; APPLIED FOR BY THE SOUTH COUNTY VETERINARY CLINIC WHEREAS, the Planning Commission of the City of Arroyo Grande considered an application for Conditional Use Permit 06-002 to demolish an existing animal hospital and construct a new two-story animal hospital at 270 North Halcyon Road at a public hearing on April 18, 2006 and made a motion to deny approval of Conditional Use Permit and direct staff to return with a supporting Resolution; and WHEREAS, the Planning Commission of the City of Arroyo Grande adopted a Resolution to deny Conditional Use Permit 06-002 on June 6, 2006; and WHEREAS; the applicant hasfifed ahap;peal anile PlanningCommis'sion's decision; and WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a public hearing on September 26, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following required findings for Conditional Use Permit approval cannot be made in an affirmative manner: . 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the city. The proposed removal of mature eucalyptus trees necessary to develop the -_ proposed project does not comply with the foJ/owing General Plan policies: . C/OS 1-1.4 - Locate structures...on portions of a site so as to minimize visual impact (Conservation Element). . LU 11-2.4 - Require that new developments be designed so as to respect the views from existing developments; provide view corridors which are oriented toward existing or proposed community amenities, such as park, open space, or natural features (Land Use Element). . LU 11-2.5 - Design development projects within the City of Arroyo Grande to provide screening as necessary to shield neighboring properties from the adverse effects of that development (Land Use Element). RESOLUTION NO. 3954 PAGE 2 , '- 3. The site is suitable for the type and intensity of use or development that is proposed. The site is not suitable for the intensity of development that is proposed because the proposed building, which would be 89% larger than the existing building that it is to replace, does not relate to the prevailing, existing or planned scale of adjacent development (LU 11.2.2). Additionally, the proposed setbacks do not provide an adequate buffer between dissimilar uses (LU 11- 1.2) nor do the proposed setbacks from streets and adjacent properties relate to the scale of the structure and the width of the street (LU 11-2.3). 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. , The proposed use will be detrimental to the public health, safety and welfare due to the proposed locatioif ofthe lobby/waiting area; Which would be located at the back of sidewalk adjacent to Halcyon Road, which is subject to a high volume of traffic. Additionally, the use of off-site parking would require that both pedestrians and animals cross busy streets to access the building. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies Appeal 06-001 without prejudice and upholds the Planning Commission's denial of Conditional Use Permit 06-002, based on the above findings. On motion by Mayor Ferrara, seconded by Council Member Arnold, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Mayor Ferrara, Council Members Arnold and Dickens Council Members Costello and Guthrie None the foregoing Resolution was adopted this 26th day of September, 2006. RESOLUTION NO. .319/ PAGE 3 TONY~ ATTEST: APPROVED AS TO CONTENT: .... ST~ir~ITY ~ANAGER 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. 3954 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 26th day of September 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of September 2006.