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R 3966 RESOLUTION NO. 3966 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 06-002 TO MODIFY CONDITION OF APPROVAL NUMBER 23 OF TENTATIVE PARCEL MAP CASE NO. 05-003 AND CONDITIONAL USE PERMIT (SPECIFIC DEVELOPMENT PLAN) CASE NO. 04-009 ALLOWING THE CONSTRUCTION OF A HOTEL AND RESTAURANT; LOCATED AT 1400 WEST BRANCH STREET, AS APPLIED FOR BY STEPHEN COOL AND GARY WHITE WHEREAS, on July 26, 2005, the City Council of the City of Arroyo Grande adopted Resolution No. 3867 approving Tentative Parcel Map Case No. 05-003 and Conditional Use Permit Case No. 04-009 to construct a hotel and restaurant; and WHEREAS, the City Council of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 06-002 filed by Stephen Cool and Gary White, to modify Condition of Approval Number 23; and WHEREAS,the City Council has held a duly-noticed public hearing in accordance with the Development Code; and WHEREAS, the City Council reviewed and considered the information and public testimony presented at the public hearing, staff report, and all other information and documents that are part of the public record. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 06-002 modifying condition of approval number 23 of Conditional Use Permit (Specific Development Plan) Case No. 04-009, related to the construction of a hotel and restaurant; located at 1400 West Branch Street, applied for by Stephen Cool and Gary White, as shown in Exhibit "A", attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that all other conditions of approval outlined in Resolution No. 3867 remain in full force and effect. On motion by Council Member Arnold, seconded by Council Member Costello, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Costello, Dickens, Guthrie, and Mayor Ferrara None None the foregoing Resolution was adopted this 24th day of October 2006. RESOLUTION NO. 3%& PAGE 2 ;~ TONY F~YOR ,". ATTEST: ~{It~ KELLY W TMO , CITY CLERK APPROVED AS TO CONTENT: ST~i~~TY MANAGER APPROVED AS TO FORM: ~ ~/)1;,--- ~/~ TIM THY J. EL, CITY ATTORNEY RESOLUTION NO. 3966 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL 23. The applicant shall supply a landscape/tree preservation plan, subject to approval by the Director of Parks, Recreation and Facilities and the Community Development Director. Proposed removal and mitigation of Oak trees shall be consistent with the following table: SIIMI nF nn'" Ir 'T TRFF IONS Ir.ee TRUNK HEIGHT CANOPY VIGOR CONDITION ARBORIST PROJECT t1 DIAMETER DENSITY RECOMMENDATION PROPOSAL 1 14.7" 20'-25' 75% Fair Good Save Save 2 38.2" 50'+ 25%-30% Good Poor Remove Save 3 24.2" 20'-25' 80% Good Good Save Remove 1 4 32.0" 20'+ 75% Fair Poor Remove Remove 1 5 23.5" . 15'-18' 15% Poor Poor Remove Remove 1 .. 5a' 5.2" at 18" 8' 100% Good Good No Transplant" above Recommendation orade 6 4.0",5.2", 15' 90%-95% Good Poor Remove Remove 1 6.0" 8.4" 7 11.2" 16'-18' 90%-95% Good Good Save Transolant" 7a' 1.2" at 18" 4' 15% Poor to Poor to fair No Remove above fair Recommendation without arade mitiaation4 8 15.4" 20' 75%+ Fair Good Save Transolant" 9 10.5",10.8", 20' 60% Poor Poor Possibly Remove Remove5 13.0" 10 14.4" 14.5" 25'+ 75% Good Good Save Remove" 11 11.0" 20' 80% Good Good Save Remove5 12 4.4",4.9", 10' 100% Good Good Save Remove 1 5.8" 6.0" 1 Mitigation at 3:1 with specimen trees per City selection; Replacement trees shall be a minimum of 36-inch box. 50% of trees to be replaced shall be 48-inch box. 2 A sapling in the initial arborist report. now considered a tree in the addendum. 3 Transplant to locations shown on revised landscape plan . · Remove without mitigation: small size exempt from mitigation requirements 5 Mitigation at 3:1 with large (72" box or greater) specimen oak replacement tree plus 2 or more 36" and 48" box trees which may be other tall, fast growth species per ARC recommendation. and Parks, Recreation and Facilities Director and Community Development Director approval of revised landscape plan. 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. 3966 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 24th day of October 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 26th day of October 2006.