PC R 95-1523RESOLUTION NO. 95-1523
A R�SOLUTION 4I' TI-I� PLANNING COMMISSION OI+
TH� CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION WIT�� MITIGATION
MEASURES; INSTRUCTING THE SECRETARY TO FILE A
NOTIC� OF DETERMINATION; AND APPROVING
CONDITIONAL US� PERMIT CASE NO. 95-536, AI�D
ASSOCIAT�D ARCHITECTURAL REVIEW TO
CONSTRUCT A 3,385 SQUAR� FOOT OUT-PATIENT
SURG�RY CCNTER AND RELATED IMPROV�M�NTS,
APPLIED FOR BY DR. MICIIA�L LIMB�ItG, A'I' 303
SOUT�I HALCYON ROAD
WHER�AS, tl�e Planning Commission of tl�e City of Arroyo Grande has considered
Conditional Use Permit Case No. 95-536, and Associated Architectural Review, filed by Dr.
Michael Limberg, to construct a 3385 square foot out-patient surgery center and related
improvements, in the Office Professional "O" zone; and
WHER�AS, the Planning Commission has held a public hearing on tl�is application in
accordance with the City Code; and
WH�REAS, the Planning Commission lias found that tl�is project is consistent with the
General Plan and the Environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in co►npliance with the
California Environmental Quality Act (CEQA) and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings: '
1. The proposed use is permitted witliin the subject district pursuant to the provisions of
Section 9-03.050 of tlle Development Code, and co►nplies with all applicable provisions
of tl�e Development Code, the goals and objectives of the Arroyo Grande General Plan,
and the development policies and standards of tlle City.
2. The proposed use will not impair the integrity and cliaracter or tlie district in which it
is to be establisl�ed or located.
3. The site is suitable for the type and intensity of use or development that is proposed.
4. There are adequate provisions for water, sanitation, and public utilities and services to
ensure the public health and safety.
5. The proposed use will not be detrimental to the public healtli, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
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Resolution No. 95-1523
Conditioi�al Use Per�nit Case No. 95-536
Dr. Michael Limbec•g
303 South Halcyon Ro�d
July 5, 1995
I'age 2
Architectural Review Fi��dings
1. The proposal is consistent wit}i tl�e "General Arcl�itectural Review Guidelines" for tlle
City of Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the health, safety, comfort and general welfare
of the persons living or working in tiie neigliborhood of tl�e proposed project.
4. The general appearance of the proposal is in keeping with the character of tl�e
neighborhood.
5. The proposal is not detricnental to tl�e orderly and harmonious development of the City.
6. The proposal will not impair the desirability of investment or occupation in the
neigliborhood.
Dep�rtment of Fish and Game Required Findings of �xe�nptioii
1. The City of Arroyq Grande has prepared an initial study pursuant to Section 15063 of
the Gt►idelines of the California Environmental Quality Act (CEQA), for Conditional Use
Permit Case No. 95-536.
2. Based on the initial study, a negative declaration drafted for review by the public and
review and approval by the Planning Commission.
3. After holding a public liearing pursuant to State and City Codes, and considering the
record as a whole the Planning Commission adopted the negative declaration and found
that there is no substantial evidence of any significant adverse effect, either individually
or ctimulatively on wildlife resources as de�ined by Section 711.2 of the Fish and Game
Code or on tlie l�abitat upon wl�ich the wildlife depends as a result of development of this
project.
NOW, TI-IER�FORE, BE IT RESOLVED that the Planning Commission of the City
of Arroyo Grande liereby adopts a negative declaration witli mitigation measures; instructs the
Secretary to file a Notice of Determination; and approves said conditional tise permit and
associated arcliitectural review, subject to tl�e standard conditions of the City and those
conditions and mitigations listed below:
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Resolution No. 95-1523
Condition�l Use Per�nit C�se No. 95-536
Dr. Michael Limbei•g
303 South Halcyon Road
July 5, 1995
Page 3
CONDITIONS OF APPROVAL
General Conditions �
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on July 5, 199'7 unless a b�tilding permit is
issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply
for an extension of one (1) year from the original date of expiration.
3. Development shall occur in substantial conformance wilh the plans presented to the
Planning Commission at tlie meeting of July 5, 1995 and marked "Exhibit A".
4. The applicant sl�all agree to defend at i�is/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimUurse the City, its
agents, officers, or employees, for any court costs and attorney's fee's which the City,
its ag��ts, officers or employees may be required by a court to pay as a result of such
action. T1�e 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. A negative declaration with mitigation measures l�as been adopted for this praject. Tl�e
following mitigations shall be implemented as conditions of approval and shall be
monitored by the appropriate City department or other responsible agency. The
applicant shall Ue responsible for verific�tion in writing by the monitoring
depai-tment or agency that the mitigation measures h�ve been implemented.
Mitigation Measures
6. All trenching, grading, excavation and ott�er activities tl�at involve disruption of the
existing soil on site shall be monitored by a qualified arcl�aeologist or Native American
monitor.
_ Time Frame: During construction.
Monitoring Dep�riment.: Building Department .
7. Temporary excavation halts may judiciously be called by the archaeologist or Native
American monitor (insp�ction ltalts) at any time if closer inspectior� and study is
considered necessary by the Archaeologist or Monitor for mitigation purposes.
Inspection halts sliall affect only tlie immediate vicinity of tt�e current excavation, while
other excavatians beyond the point in question may proceed, Length of inspection halts
may vary to allow for further study by tl�e Arcl�aeologist or Monitor but sl�all not exceed
24 hours.
Time Frame: During construction.
Monitoring Departmeut: Building Department -
Resolution No. 95-1523 �
Conditional Use Permit C�se No. 95-53G
Dr. MichAel Limberg
303 Soutl� Halcyon Ro�d �
July 5, 1995
P�ge 4
8. During construction, temporary fencing sl�all be installed between the commercial and
residential parcels to prevent any. disturUance of tlie residential parcel. No grading,
storage of material, stockpiling, eqtiipment storage or otlier type of construction related
activity shall take place on tl�e residential parcel during construction on the commercial
_ parcel. Furtl�ermore, no access sl�all be permitted from tlie com►nercial parcel to South
Alpine Street during construction.
Time Frame: Fencing installed prior to the start of any construction and
maintained tl�rougl� construction.
Monitoring Department: Building Department .
9. In the event that during grading, construction, or development of tl�e project, any
archaeological resources are uncovered, all work shall be halted until the City has
reviewed the resources for tl�eir significance. If human burials are encountered, the
County Coroner (781-4513) shall be contacted immediately. The applicant may be
required to provide arcl�aeological studies and/or mitigation measures. All grading and
improvements plans sl�all be noted to reflect tliis mitigation.
Time Frame: Prior to issuance of building permits for tl�e note, during
construction. -
Monitoring Dep�rtment: IIuilding Department
10. Prior to issuance of Building Permits, the applicant sl�all pay the applicable
Transportation Facilities DeveloprTient Irnpact Fee as required by Ordinance 461 C.S. and
shall pay the applicable Traffic Signalization fees as required by Municipal Code Section
3-2.3.
Ti►ne Frnme: Prior to issuance of building permits.
Monitoring llepart�nent: Building Department
11. Prior to issuance of building permits ati exterior lighting plan sl�all be prepared subject
to the review and approval of the Plannir�g and Police Departments wliich shall comply
witli the provisions of Development Code Sections 9-12.070 C(3) and 9-10.080.
Ti►ne Trame: Prior to issuance of a building permit.
Monitoring Department: Police and Planning Departments.
12. Prior to issuance of building permits tl�e applicant shall submit, for review and approval
of the City Council, an individual water program that will neutralize projected water
demand for the project. The approved program shall be i►nplemented prior to issuance
of Certificate of Occupancy.
Tirne Fra�ne: Prior to issuance of building permits/Certificate of Occupancy
Monitoring Departme»t: Public Works Department
13. To minimize water demand, tnis project shall employ the latest water conserving designs
and fixtures. All fixtures and designs shall be in place prior to issuance of a Certificate
of Occupancy.
Time Fr��aie: Prior to issuance of a Certificate of Occupancy.
Mouitocing Departn�ent: Building lle�artmeilt
Resolution No. 95-1523
Conditional Use Perniit C�se No. 95-536
Dr. Michael Limberg
303 South Halcyon Ro�d
July 5, 1995
Page 5
14.
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entering City drainage systems.
Time Frame: Prior to issuance of a Certificate of Occupancy.
Monitoi•ing Dep�rtment: Public Works Department
Oil separation device(s) shall be installed to prevent parking lot conlaminants from
Pire Department Impact Fees of 29 cents per square foot shall be paid prior to issuance
of a grading permit.
Time FrAme: Prior to issuance of a grading permit.
Monitoring Dep�i-tment: Building Department
16. Construction shall be limited to between the hours of 7am and 6pm Monday througti
Friday and between 8am and Spm on Saturday.
Time Fi•ame: During construction.
Monitoring De�ai-tment: Iluilding Department
17. All earthwork and site development sl�all comply with tl�e provisions of the City's
grading ordinance, the Unifonn I3uilding Code and the recommendations contained in the
"Preliminary Soils Engineering Investigation For the Oak Winds Tract, Tract 1401"
prepared by Cheda Engineering. In case of a conflict between the referenced docu►nents,
the Director of Building and Fire shall determine the applicable requirements.
Time Fi•ame: Plan checking prior to issuance of building or grading permits;
inspections during construction.
Monitoring Depac-tment: Building Department
Architectural Advisory Com�nittee Conditions
18. The sign color shall be a darker, contrasting color (burgundy as an example); not grey
or black.
19.
20.
Paint all mecl�anical equipment ducts, vents and ete. on the roof to match the roof. This
does not include equipment in the mechanical well.
Work with the hospital to remove tiie chain link fence betweet� the two properties. If the
hospital will not allow removal of tl�e feiice, plant climbing vines to cover the fence.
Planning DepACtment Conditions
21. Development st�all conform witt� tlie Office Professional zor�ing requirements except as
otherwise approved.
22. All ducts, meters, air conditioning equipment and all otl�er meclianical equipment,
whether on the ground, on the structure or elsewhere, shall be screened front public view
with materials archilecturally compatible with the main structure. It is especially
important tl�at gas and electric meters, electric transformers, and large water piping
systems be completely screened from public view. All roof-mounted equipment which
generates noise, solid parlicles, odors, etcetera, shall cause the objectionable material to
be directed away from residential properties.
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Resolution No. 95-1523 �
Couditional Use Permit C�se No. 95-53G
Dr. Mich�el Limberg
303 South I�alcyoi� Road
July 5, 1995
Pnge 6
23. The development shall comply witli Development �Code Sections 9-10.070, "Fences,
Walls and Hedges"; 9-10.080, "Ligliting"; 9-10.110, "Performance Standards"; and 9-
10.120 "Screening Requirements".
24. The developer sl�all comply,wilt� all tl�e requirements of Chapter 9-15 of the City of
Arroyo Grande Development Code, or as amended by the conditions of approval.
25. Additional information sl�all be provided to tlie Planning Director fvr approval regarding
the generator. Tlle generator should minimize noise, and an alternative fuel to diesel
should be used. This shali be done prior to building permit.
26. Prior to issuance of building permits, the applicant shall revise the existing 35 foot wide
utility and access easement to allow parking in the northerly six (6) feet of tl�e easement.
The applicant sliall submit recorded copies of tl�e revised easement to the Building and
Planning Departments prior to issuance of pertnits.
Building and Fire Denart.ment Conditio»s
27. Project must co►nply with most recent edition of State Fire and Building Codes.
28. Fire lanes must be posted per Police and Fire Department guidelines.
29. Future water main shall be sized to accommodate fire hydrants per Fire and Public
Works Standards.
30. Prior to issuance of a building permit, applicant shall stiow proof of properly abandoning
all non-conforming items such as septic tank, wells, piping, etc.
31. Undergrounding all utilities including front PG&E and so fortli. Alternatives to
undergrounding (e.g., pull boxes and conduit only, or bonding or other binding
agreements) may be provided, subject to approval by the Public Works Director.
32. Dust control management shall be provided during all phases of construction.
33. Related conditions of approval shall be shown on all plans.
Parlcs ��id Recre�►t.ion Dep�rtinent Conditions
34. Prior to issuance of building permits, a landscaping� and irrigation plan shall be prepared
by a licensed landscape architect subject to review and a�proval by tl�e Planning, Police,
and Parks and Recreation Departments. Tl�e landscaping plan sliall include the
following:
a. low flow heads
b. drought tolerant plants and mulches
c. water conservation measures; and
d. deep root planters wl�ere trees are within five feet (5') of asphalt or concrete
surfaces.
Resolution No. 95-1523
Conditional Use Permit Case No. 95-536
Dr. Micl�ael Limberg
303 Soutli Halcyon Ro�d
July 5, 1995
Page 7
35.
36.
Provide irrigation and (as needed) replace street trees, expand planters, provide root
barriers on South Halcyon Road.
Protect existing on-site a�nd adjacent site trees witl� 5' protective fence a minimum of 8'
from the trunk of trees in conforrnance with Community Tree Ordinance 313 C.S.
Public Worlcs Depa► Conditions
37. Construct public improvements per approved plans for Tract 1401 and conditions of
approval thereof. Extent of construction sl�all be as approved by Public Works Director.
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39.
Grade project site per approved grading plan.
Any modification to t1�e approved public improvements and g�ading plans shall be
approved by the engineer of record.
On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the
following roll call vote, to wit:
AYES: Commissioners Tappan, Carr, Deviny, Beck and Chairperson Keen
NOES: None
ABSENT: Commissioners Soto and Hatchett
the foregoing Resolution was adopted tl�is Sth day of July, 1995.
ATTEST:
1 ^ c ,
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Nanc '-�, Commis�n Cle ` J Keen, Cha' erson
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