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PC R 93-14243 4 `2 RESOLUTION NO. 93-1424 A RES.OLUTION OF T'HE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 93-508 AND THE ASSOCIATED ARCHITECTURAL REVIEW, FOR CONSTRUCTION OF A SELF-SERVICE CAR WASH AT 1203 GRAND AVENUE, APPLIED FOR BY ROBERT BARRON; ADOI'TION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 93-508, filed by Robert Barron, to construct a self-service car wash, in the General Commercial Zone; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration with Mitigation Measures can be adopted, and instructs the Secretary to file a Notice of Determination; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: l. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code except as approved by Variance Case Number 93-175, and complies with the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed project meets all site development standards of the general commercial zone except for the requirement for a 15 foot landscaped setback. Building orientation complies with the intent of Policy 6.13 (g) of the Land Use Element of the General Plan. 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located. The proposed structure is a commercial use, located in a commercial zone with similar commercial uses. 3. The site is suitable for the type and intensity of use or development that is proposed because adequate queuing area is provided, adequate parking is provided and adequate landscaping is provided for the proposed use. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety provided the attached mitigation measures are adopted. 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. Project lighting will provide adequate nighttime security. Department of Fish and Game Required Findings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 93-508. 2. Based on the initial study, a negative declaration drafted for review by the public and review and approval by the Planning Commission. Resolution No. 93-1424 Conditional Use Permit Case No. 93-508 Robert Barron July 20, 1993 Page Two 3. After holding a public hearing 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 cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this proj ect. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said conditional use permit and the associated architectural review, subject to the standard conditions of the City and those conditions listed below: 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 20, 1995 unless a building 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 with the plans presented to the Planning Commission at the meeting of July 20, 1993 and marked "Exhibit A". 4. The applicant shall agree to defend at his/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 reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's 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. A negative declaration with mitigation measures has been adopted for this project. The 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 be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 6. The applicant shall provide for review and approval by the City Council, an individual water program which will propose measures to neutralize projected water demand less past usage for the project. Projected water demand less past usage is 1.8 acre-feet per year. Prior to issuance of building permits, the applicant shall: a) Implement a portion of the approved program that will neutralize 1.3 acre-feet per year; and b) Submit a bond, in an amount to be determined by the Director of Planning in consultation with the Director of Public Works, that will provide adequate funds to neutralize 0.5 acre-feet of water per year plus any possible administrative costs. After 15 months of operation, water records for the car wash shall be analyzed to determine actual water usage. If actual water usage is 1.7 acre-feet per year or less, the bond shall be refunded to the applicant. If actual water usage is greater than 1.7 acre- feet per year, the applicant shall implement the balance of the water neutralization plan required based on actual water usage. Implementation by applicant shall occur within 6 months of notification by the City that additional that additional neutralization is required or the bond shall be forfeited. 3�4T3 ��4�4 Resolution No. 93-1424 Conditional Use Permit Case No. 93-508 Robert Barron July 20, 1993 Page Three Time Frame: Prior to issuance of Building Permits for neutralization plan and initial implementation, after 15 months of operation for water review, and within 6 months of notification for any final implementation. Responsible Department: Public Works Department for review and implementation of neutralization plan (including bond), Planning Department for review of water records. 7. Approximately one year after a certificate of occupancy has been issued for the facility, the Planning Commission shall review this Conditional Use Permit to ascertain if noise from the project is adversely impacting adjacent residential neighborhoods. If noise impacts are found, the applicant shall be financially responsible for any acoustical studies and/or mitigation measures required to offset project impacts. Time Frame: One year from issuance of a Certificate of Occupancy. Responsible Department: Planning Department Architectural Advisory Committee Conditions 8. Prior to issuance of building permits, working drawings shall be submitted to the Architectural Advisory Committee for review to ensure consistency with the conceptual plans. 9. If at any time, either access is lost to the adjacent shopping center parking lot, the perimeter landscaped strip shall be extended across that access to the public right-of-way. Planning Department Conditions 10. Development shall conform with the GC zoning requirements unless otherwise approved. 11. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 12. All ducts, meters, and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters and electric transformers be completely screened from public view. 13. Prior to final occupancy, the applicant shall remove existing sign poles, light poles, and other fixtures associated with the previous use of the site. Building Department Conditions 14. Prior to final occupancy, the applicant shall repair the existing retaining walls on the south and west property lines. 15. Prior to issuance of building permits, the applicant shall obtain necessary permits for: a. Work in the public right of way; b. Retaining walls; c. Grading; and d. Demolition of existing structures. Public Works Department Conditions 16. Prior to final occupancy, the applicant shall underground utilities along the Grand Avenue and Elm Street project frontages. If utilities are not undergrounded prior to final occupancy, the applicant shall post a cash bond with the city in an amount determined by the Director of Public Works to be adequate to allow the City to pay for undergrounding plus any associated administrative costs. If the utilities are not undergrounded within six months of final occupancy, the bond shall be forfeited to the City and the City shall use said bond for undergrounding. 345 Resolution No. 93-1424 Conditional Use Permit Case No. 93-508 Robei�t Barron July 20, 1993 Page Four Parks and Recreation Department Conditions 17. All landscaping materials shall be planted according to the approved landscaping plan. : 19. 20. Prior to issuance of building permits, the applicant shall submit a landscaping and automatic irrigation plan prepared by a licensed landscape architect subject to review and approval by the Planning, Police, and Parks and Recreation Departments. The landscaping plan shall include the following: (1) Tree staking, soil preparation and planting detail; Police Department Conditions 21. All lights shall remain on after dark during posted operating hours. (a) Deep root planters shall be included in areas where trees are within 5' of asphalt or concrete surfaces and curbs; (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (c) All slopes 2:1 or greater shall have jute mesh or equivalent material; On motion of Commissioner Soto, seconded by Commissioner Hatchett, and on the following roll call vote, to wit: The applicant shall maintain and replace when necessary all approved plantings. All Queen Palms shall be at least 6 feet high when planted. (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: AYFS: Commissioners Tappan, Soto, Reilly, Hatchett, Keen and Chairman Carr NOES: None ABSENT: Commissioner Deviny the foregoing Resolution was passed and adopted this 20th day of July, 1993. ATTEST: � Nancy Brow , ommission Clerk Robert W. Carr, Chairman 3�6 ������ T _3 � ; � ATTACFaVIENT ��B��� IirSOLUTION NO. 93-1424 A 1t�SOLU7'ION OF TIIC PLANNING COMMISSION OF TIIG CITY Or ATiIi0Y0 GRANDE AT'I'ROVING CONDITIONAT, USE PrRM[T CASE NO. 93-508 AND TIIC ASSOCIATGD ARCIiIT�CTURAL REVCEW, FOR CONS"CRUCTION OF A S�C.T-S�ILVTCG CAR WASEI AT ]203 GIiAND AVCNUE, APPLIGD TOR BY liOl1L�RT IIARRON; ADOl'1'ION Or A NCGATIVG DCCLARATION WI7'CI MITIGATION IVI�ASURL�S AIVD 1NSTRUC�'ION '!'tIA`I' TIIC SECRETARY F[L� A NOTICG Or DC'I'EIiMINATIOi�I WII�REAS, tl�e Planning Commission of the City of Arroyo Grande has considered Conditional Use Permil Case No. 93-508, filed by Robert Barron, to constn�ct a self-service car wasli, in the General Commercial Zone; and , WIIL'R�AS, the Planning Commission has held a.pi�blic hearing on ltiis application in accordance with the City Code; and WHGR�AS, lhe Planning Commission has found that lhis project is consistent wiqi the General Plan and tl�e Environmental documents associaled Il�erewith; and WIiEItEAS, tlie Planning Cort�mission has reviewed this project in compliance with tl�e California Environmental Quality Act (CEQA) and has determinecl that a Negative Declaration will� Miligation Measures can be adopted, and instrucls the Secretary lo file a Notice of Delermination; and WEIGR�AS, the Planning Commission finds, after due study, deliberalion and public hearing, U�e fotlowing circumstances exist: 1. The proposeci use is permitted within the subject district pursuanl to the provisions of Section 9-03.050 of tf�e Development Code, and complies with aU applicable provisions of the Development Code except as approved by Variance Case Tlumber 93-175, and complies wilh the goals and objectives of tl►e Arroyo Grande General Plan, and tiie development policies and s�andards of the City. Tf�e proposed project meets all sile development standards of the general commercial zone except for the requirement for a 15 foot landscaped se�back. T3uilding orientation complies with tl�e intent of Policy 6.13 (g) of the Land Use Elemen[ of ti�e General Plan. 2. The proposed use will not impair the integrity and characler or the district in whid► it is Io be established or located. Tl�e proposed structure is a commercial use, located in a commercial zone with similar commercial uses. 3. The site is suitab{e for ti�e type and intensity oE use or development that is proposed because adequate queuing area is provided, adequate parking is provided and adequate landscaping is provided forthe proposed use. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public heallh and safety provideti Ihe attachecl mitigation measures are adopted. 5. 'Che proposed use will not be detrimental to the public heallh, safety, or welfare, or materially injurious to properties and improvements in the vicinity.. Project lighling will provide adequate nighttime security. Depailment of Fisl� and Game Required Findings oF Exemptio�► 1. The City of Arroyo Grande has prepared an inilial study pursuant to Section 15063 of the Guidelines of ihe California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 93-508. 2. Based on tl�e initial study, a negative declaration drafteci for review by tl�e public and review and approval by tlie Planning Commission. J � 3 Resulutiou No. 93-1424 Coudilional Use I'erinit Cs►se Nu. 93-SU8 Robert Ifarrou July 20, 1993 Pnge T�vo . . 3. Afler holding a public hearing pursuant to Stale and City Codes, and considering the record as a whole the Planning Commission adopted the negative declaration and found lhat there is no substantial evidence of any significant advecse effecl, either individually or cumulatively on wild►ife resources as defined by Section 711.2 of the Fish and Game Code or on lhe Babitat upon which lhe wilcilife depends as a result of development of this project. NOW; 7'IICRGrOR�, 1lG 1"f ItGSOLV�D that tl�e Planniug Commission of the City of Arroyo Grande hereby approves said conditional use permil and lhe associateci architeclural review, subject to the standard conditions of tl�e City and those conditions listed below: Geuernl Coudilio�u 1. 1'he applicanl shali ascertain and comply wilh all State, County and City requirements as are applicable to this project. '1'his application shall automalically expire on luly 2U, 1995 unless a building penoil is issuecl. 'I'hirty (30) days prior to the expiralion of !he approvat, the applicant may aPP�Y for an extension of one (1) year from tlie originai date of expiration. Development shall occur in substanlial conform�nce wilh ll►e plans presented to the Planning Commission at lhe meeting of July 20, 1993 and marked "Exhibi[ A". 4; The applicanl shall agree lo defend at I�is/her sole expense any action brought against the City, its agents, officers, or eroployees because oF lhe issuance of said approval, or in llie allernalive, lo relinquish such approval. Tt►e applicant shal( reimburse the City, its agents, officers, or employees, for any court costs and altorney's Fee's wl�ici� tlie City, its agents, officers or employees may be required by a court to pay as a res�ilt of such action. The City may, at its sole discretion, participate at its own expense in the defense oF any sucl► action but sucl► participation shall not relieve applicant of his/her obligatioiis under U►is condition. 5. A negative declaration wilh mitigation measures has been adopted for lhis project. Tl�e following mitigations shall be implemenlecl as conditions of approval and shall be monitoreci by the appropriate City department or olher responsible agency. The applicaut sl�nll be responsible for vertflcnlia� ln wriliug by tlie moultoring depnrtn�ent or ngeucy tliat Il�e mUignlloi� meASUres have been iu�plemeuted. MlUgatfon Mensures 6. The applicant shall provide for review and approval by tl�e City Council, an individual water program whicl� will propose measures to neulralize projected water demand less past usage for lhe project. Projected water demand less past usage is 1.8 acre-Ceet per year. Prior to issuance of building pennils, lhe applicanl shall: a) Implement a porlion of Ihe approved program thal will neutralize 1.3 acre-fee� per year; and b) Submlt a bond, in an amount to be determined by lhe Direclor of Planning in consultation with the Director of Public Works, that will provide adequate funds to neutralize 0.5 acre-feel oF waler per year plus any possible administrative cosls. After 15 monU►s of operation, water records for the car wash shall be analyzed lo detennine actual water usage. lf actual water usage is 1.7 acre-feet per year or less, lhe bond shall be refundecl lo Ihe applicant. If ac�ual water usage is grealer than 1.7 acre- feet per year, the applicant shall implement ll�e balance of the water neutraliz.ation plan requirecl based on actual water usage. Implemenlation by applicant shall occur wilhin ' 6 months of notification by lhe City that additional that addilional neutralization is required or the bond shall be forfeited. ��n Itesoluliu�i Nu. 93-1424 Condilional Use Permit Case No. 93-508 Roberl Barrun July 20, 1993 1'nge 'Clu•ee Time Frame: Prior to issuance of Building Permits for neutralization plan and initial implementation, after 15 months of operation for water review, and within 6 months of notiFication for any final implementation. Responsible Departmeut: Piiblic Works Deparlment for review and implementation of neutralization plan (ncluding bond), I'lanning Department for review of water records. 7. Approximately one year after a cerlificale of occupancy has been issued for tl�e facility, the Planning Commission shall review lhis Conditional Use Pennit to ascertain if noise from tl�e project is adversely impacting adjacent residenlial peighborhoods. If noise impacts are found, the applicant shall be financially responsible for any acoustical studies and/or nutigation measures required lo offset project impac►s. Time Frame: One year from issuance of a CertiFicate of Occupancy. Respo«sible Department: Planning Department Arci�ileCt�rt�l Advisory Committee Condilions 8. Prior to issuance of Uuilding permits, working drawings shall be submitted to the Arcl�itectural Advisory Committee for review to ensure consistency wilfi tl�e conceptual plans. If at any time, eilher access is lost to the adjacent shopping cenler parking lot, the perimeter landscaped strip shall be extended across that access to the public right-of-way. I'lanniug Deparlment Conditions 10. Development shall conForm with the GC zoning requirements unless otherwise approvecl. 1 l. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 12. All ducts, meters, and all other mechanical equipment, whether on the ground, on lhe structure or elsewhere, shall Ue screened from public view with materials architec►i►rally compatible wiW the main structure. It is especially imporlant that gas and electric meters and electric transformers be completely screened from public view. 13. Prior to final occupancy, the applicant shall remove existing sign poles, light poles, and other fixtures associated with the previous use of the sile. liuilding DepAiKment Conclitfons 14. Prior to finat occupancy, the applicant shall repair the existing retaining walls on the south and west property lines. 15. Prior to issuance of building permits, the applicant shall obtain necessary permits for: a. Work in tlie public rigl�t of way; b. Retaining walls; c. Grading; and d. Demolition of existing structur.es. Yublic Works Depu�lment Couditions 16. Prior to final occupancy, lhe applicant shall underground utililies along the Grand Avenue and Elm Street project frontages. If utilities are not undergroundecl prior to final occupancy, U�e applicant shall post a cash bond wilh the city in an amounl detennined by tl�e Director of Public Works lo be adequ9te to allow ttie City to pay for undergrounding plus any associated administrative cosls. If the utilities are not undergrounded within six months of final occupancy, the bond Shall be forfeited to lhe City and the City sliall use said bond for undergrounding. Resolution No. )3-1424 Cm►diliunnl Use I'ermil Case No. )3-SU8 Rtiberl 13arron July 2U, 1993 ' Puge Tuur I'urks and Recreulion DepArt�neut Cm�ditious 17. All landscaping materials shalt be planted according lo the approved landscaping plan. 18. The applicant shall maintain and replace when necessary all approved plantings. 19. � Al! Queen Palms shal! be at least 6 feet liig►i wl►en planled. " � 20. Prior to issuance of building permils, the applicant shall submit a landscaping and aulomatic irrigalion plan prepared by a licensed landscape arcl►ilect subject �o review and approval by lhe Planning, Police, and Parks and Recreation Departments. "fhe landscaping plan shall include ll�e following: (1) Tree staking, soil preparalion and planting delail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvemenls. This includes: (a) Deep root planters sl�all be included in areas wl�ere trees are witl�in 5' of asphalt or concrele s�irfaces and ,curbs; � (U) Water conservation practices including the use oF drip irrigation, mulch, gravel, drougl�t tolerant plants and bark shall be incorporated inlo tlie landscaping plan; . (c) All slopes 2:1 or greater shall have jute mesh or equivalent ma�erial; 1'olice Depart�uent Condilfons 21, All lighls shall remain on after dark during posted operating I�ours. On motion of Commissioner Soto, seconded by Commissioner Ha�chett, and on tl►e following roll call vote, �o wit: AYGS: Commissioners Tappan, Solo, Reilly, Hatcl►ell, Keen and Chairman Carr NOGS: None AIiSCNT: Commissioner Deviny Ihe foregoing Resolution was passed and adopted tl�is 20th day of July, 1993. A'I"I7:S7': `� � l � Nancy Brow� , ommissiou Clerk Robert W. Carr, Chainnan 3 ��. J..