R 3968
RESOLUTION NO. 3968
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE DENYING, WITHOUT PREJUDICE, VESTING TENTATIVE
TRACT MAP CASE NO. 04-004 AND PLANNED UNIT DEVELOPMENT
CASE NO. 04-001 (THE "CREEKSIDE CENTER"), FOR A MIXED-USE
PROJECT ON PROPERTY LOCATED AT 415 EAST BRANCH STREET,
APPLIED FOR BY DB & M PROPERTY, LLC
WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3710
on September 23, 2003 certifying the Final Environmental Impact Report (FEIR) for the
Creekside Center project (Vesting Tentative Tract Map 01-002 and Conditional Use
Permit 01-001); and
WHEREAS, the Planning Commission considered Vesting Tentative Tract Map 04-004
and Planned Unit Development 04-001 on January 18, 2005 and April 19, 2005 and
recommended denial to the City Council based on the inability to make certain findings
regarding issues of consistency with the goals, objectives, policies, plans, programs,
intent, and requirements of the General Plan; public health, safety, and welfare; and
consistency with the purpose and intent of the Development Code; and
WHEREAS, the City Council has considered Vesting Tentative Tract Map 04-004 and
Planned Unit Development 04-001, filed by DB & M Property, LLC, to reconfigure 23
existing parcels into 13 parcels, and construct a mixed-use development consisting of
12 duplexes, a 12,000 square foot three-story commercial/office building, and retention
of existing historic structures; and
WHEREAS, the City Council held duly-noticed public hearings on June 14,2005, August
8, 2006 and October 24, 2006 on these applications in accordance with the Development
Code of the City of Arroyo Grande; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study,!deliberation and public hearing, the
following circumstances exist:
1. The proposed project is inconsistent with the goals, objectives, policies, plans,
programs, intent, and requirements of the General Plan Land Use Element,
specifically policies LU6-5 and LU6-7, because there are inadequate public use
and pedestrian amenities and orientation adjoining Tally Ho Creek and the historic
resources located on the site to become an extension of the Village.
RESOLUTION NO. 3968
PAGE 2
2. The proposed project will adversely affect the public health, safety, and welfare
and result in an illogical land use pattern because four (4) of the residential units
proposed along Crown Terrace must back out into a narrow public street,
conflicting with both pedestrian and automobile traffic and requiring removal of a
substantial number of existing trees that currently provide visual screening from
Crown Hill residential uses, in contravention of General Plan poliCies C/OS 1-1.4,
LU 11-2.4 and LU 11-2.5. .
3. The proposed project is inconsistent with the purpose and intent of the
Development Code and certified EIR because portions of the setting to the rear of
the historic resources on the project site are not protected or preserved.
4. The proposed commercial/office building between the former Loomis warehouse
and Crown. Terrace is incompatible in height, mass, scale and design details with
the adjoining residential neighborhood on Crown Hill and the on-site historic
resources and setting, inconsistent with General Plan Land Use policy LU6-1 and
the Design Guidelines for Historic Districts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies, without prejudice, Vesting Tentative Map 04-004 and Planned
Unit Development 04-001 based on the above findings.
On motion by Council Member Dickens, seconded by Council Member Arnold, and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
Council Members Dickens, Arnold, Guthrie, and Mayor Ferrara
None
Council Member Costello
the foregoing Resolution was adopted this 14th day of November 2006.
RESOLUTION NO. 3%6
PAGE 3
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TONY FER , MAYOR
ATTEST:
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KELLY WE MO , CITY CLERK
APPROVED AS TO CONTENT:
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m ,;('~-CITY MANAGER
APPROVED AS TO FORM:
7
C
EL, CITY A HORNEY
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. 3968 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 14th day of November 2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of
November 2006.
KELLY WET ORE, CITY CLERK