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R 3126 4f ' 1 RESOLUTION NO. 3126 A RESOLUTION OF THE CITY COUN~ OF THE CITY OF ARROYO . GRANDE PROVIDING THE INTERPRETATION THAT AN AFFORDABLE SENIOR APARTMENT COMPLEX IS NOT AN INSTITUTIONAL USE WIT.H1.N THE CONTEXT OF ORDINANCE 355 C.S. f" , - WHEREAS, the Development Code was adopted by the City Council on May 14, 1991, . and became effective on June 13, 1991; and WHEREAS, Section 9-01.110 (G)(3) of the Development Code provides the Planning Commission with the, authority to review ambiguities and make recommendations to the City Council; and WHEREAS, On May 19, 1987, the City Council adopted OrdinanCe 355 C.S. for the Royal Oaks Planned Development; and WHEREAS, Ordinance 355 C.S. included sections regulating use of the lots within the development; and WHEREAS, Section 2, number 3 of Ordinance 355 C.S. indicated that "Lots C, 182 and 184 may be converted to institutional uses upon approval of City Council after rezoning public hearing "; and WHEREAS, Mr. Thomas J. Kemper ofPacitic Harbor Capital, Inc. submitted a request for interpretation of whether an affordable senior apartment complex is an institutional use within the context of Ordinance 355 C.S.; and WHEREAS,- on Febnmy 20, 1996 the Planning Commission reviewed said interpretation and provided a recommendation to the City Council; and WHEREAS, the City Council, after due research and deliberation finds that: 1. . Subsection 5.F. of Section 2 of Ordinance 355 C.S. identifies a YMCA as an institutional use and prohibits residential resubdivision of lot 182. I 2. The Arroyo Grande Development Code and Institute of Traffic Engineers identify senior apartment complexes as a residential use, not an institutional use. 3. A senior apartment complex does not meet the commonly used definition of institution, as contained in Webster's Dictionary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby makes the interpretation. that a senior apartment compleX is not an institutional use within the context of Ordinance 355 C.S. Resolution No. 3 T 2 6 Interpretation on Institutional Use Royal Oaks Estates Lot 182 March 12, 1996 Page 2 On motion of Council Member Brandy seconded by Council Member ~y and by the following roll call vote, to wit: AyEq; Council Members Brandy, Lady, Souza, Fuller, and Maycr Dougall NOES: None ASSENT; None the foregoing Resolution was adopted this T Z~day of March , 1996. A. K. "PETE" DOUGALL, ATTEST: G{~61..uY~ LC NANCY A. AVIS, CITY CLERK APPROVED AS TO CONTENT: ~ ~~.~ ROBERT .HUN'T', CITY MAN GER APPROV]~ AS TO FORM: f '~ .. ; ROG C. ~ ~ TTY ATTORNEY _.~ Resolution No. 3126, Page 3 ~T t 4 I, NANCY A. DAMS, 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 foregoing Resolution No. 3126, is a true, 'full. and correct copy of said Resolution passed and adopted at a regular cc~eti.ng of said Council on the 12th day of March, 1996. WITNESS my nand and the Seal of the City of Arroyo Grande affixed thislgt~riay of March, 1996. CITY CLERK