R 4367 RESOLUTION NO. 4367
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING APPEAL AND UPHOLDING
APPROVAL OF CONDITIONAL USE PERMIT CASE NO. 11-
002 FOR AN INTERIM RTA/SCAT PARKING AND STORAGE
FACILITY AT 800 RODEO DRIVE
WHEREAS, on March 16, 2010, the Planning Commission made a Development Code
Interpretation that a bus line service and storage facility is an allowable use in the Public
Facilities District subject to obtaining a conditional use permit; and
WHEREAS, on April 5, 2011, the Planning Commission approved Conditional Use
Permit Case No. 11 -002 applied for by RTA/SCAT (Regional Transportation
Authority /South County Area Transit), to move its current parking /storage facility from
Grover Beach to the subject property as an interim use for 5 years.
WHEREAS, on April 12, 2011, the City Council approved a waiver of application fees
for the project since the City is a member of SCAT and fees charged to SCAT are
ultimately passed on to the City; and
WHEREAS, on April 8, 2011, AmericanStar Trailways filed an appeal of the Planning
Commission's approval of Conditional Use Permit Case No. 11 -002 and requested the
appeal be heard on May 24, 2011; and
WHEREAS, on May 24, 2011, the City Council of the City of Arroyo Grande held a public
hearing in accordance with the Municipal Code; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing that the
following circumstances exist:
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.
Parking /storage facilities are permitted within the Public Facilities Zoning
District if approved by a Conditional Use Permit. The lease site is a 3.25
acre former County Public Works and Maintenance Yard and is developed
for vehicle parking and storage services.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
RESOLUTION NO. 4367
PAGE 2
The proposed site is zoned Public Facilities and is located within an
existing public facilities yard and is adjacent to other public facilities,
including but not limited to South County Regional Center. The proposed
use will be limited to parking and storing of vehicles with no maintenance
of vehicles occurring on the site.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The lease site is 3.25 acres in size and is developed as a public works
and maintenance yard and contains adequate access and parking
facilities. The proposed use will be located within a current existing facility
intended for a similar use.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The property has all necessary infrastructure and is served by utilities and
streets. There is no substantial change in the intensity of use.
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 not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity since the proposed development adheres to the General Plan and
development standards of the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby denies the appeal and upholds the approval of Conditional Use Permit Case No.
11 -002 for an interim RTA/SCAT parking and storage facility at 800 Rodeo Drive, based
on the above findings and subject to the conditions of approval set forth in Exhibit A,
attached hereto and incorporated herein by this reference.
On motion of Council Member Guthrie, seconded by Council Member Ray, and on the
following roll call vote, to wit:
AYES: Council Members Guthrie, Ray, Costello, Brown, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 24` day of May 2011.
RESOLUTION NO.
PAGE 3
TONY FE , MAYOR
ATTEST:
� w 1 l_ La,
KELLY ET ORE, CITY CLERK
APPROVED AS TO CONTENT:
STAN A AMS CITY MANAGER
APPROVED AS TO FORM:
TI OTHY J. RMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
APPEAL OF CONDITIONAL USE PERMIT CASE NO. 11 -002
FOR AN INTERIM RTA/SCAT PARKING
AND STORAGE FACILITY AT 800 RODEO DRIVE
This authorizes the denial of the Appeal and upholds the Planning Commission's
approval of Conditional Use Permit Case No. 11 -002 for an interim RTA/SCAT parking
and storage facility at 800 Rodeo Drive with conditions of approval as approved by the
Planning Commission, as follows:
CONDITIONS OF APPROVAL
Planning Division
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 11 -002.
3. The project is an interim use for a fixed term of up to five (5) years. If the
applicant wants to continue using the site beyond the five (5) year term, a new
Conditional Use Permit will be necessary. The Conditional Use Permit will expire
on April 4, 2016.
4. 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 fees 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.
5. All lighting shall be shielded and directed downwards.
6. The applicant shall contact the Arroyo Grande Police Department regarding the
use of timed lighting for security measures.
Building Division and Fire Department
7. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
RESOLUTION NO.
PAGE 5
8. Provide complete compliance with the State and Federal Disability access
requirements.
Engineering Division
9. No fueling or servicing of vehicles on site (except oil top off as noted in the
application.
10. No washing of vehicles on site.
11. No wash down of hard surfaced exterior or interior areas. Clean up must be by
sweeper or by hand.
12. No storage in lower parking lot.
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
Resolution No. 4367 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 24 day of May 2011.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27
day of May 2011.
KELLY ET/ RE, CITY CLERK