PC R 92-13852 3P�
RESOLUTION NO. 92-1385
A RESOLUTION O� THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRAND� APPROVING
CONDITIONAL USE P�RM1T CASE NO. 92-489, TO
CONVERT A SINGL� FAMILY RESIDENCE TO A DENTAL
OFFICE, APPLIED FOR BY PI3ILIP STRAUSS AT 150 S.
HALCYON ROAD; ADOP'rION OF A NEGATIVE
DECLARATION AND INS1'RUCTION THAT 7'HE
SECRETARY FILE A NOTICE Or DETERMINATION.
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 92-489, filed by Philip Strauss, to convert a single family
residence to a dental office, in the Office Professional District; 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 tlierewith; 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 sttidy, deliberation and public
hearing, the following circumstances exist:
1. 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, the goals and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City, with the exception of minimum
landscape area between parking and the building. A variance has been approved for this
exception.
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 use is a dental office which is allowed in
the zone and is similar to many other uses along this portion of Halcyon Road.
3. The site is suitable for the type and intensity of use or development that is proposed. All
required access, parking, trash enclosures, and buffers from residential property can be
provided.
4.
5.
There are adequate provisions for water, sanitation, and public utilities and services to
ensure the public health and safety. ��
The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said conditional use permit, subject to the standard conditions
of the City and those conditions and mitigations 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. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of September 15, 1992 and marked "Exhibit A",
Resolution No. 92-1385
Condition�l Use Permit Case No. 92-489
Philip Str�uss
September 15, 1992
Page Two
3. 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.
4. A negative declaration has been prepared for this project. Mitigation measures are listed
as conditions of approval. Said mitigation measures shall be implemented as conditions
of approval and shall be monitored by appropriate City departments and other responsible
agencies as indicated by the mitigation measures. The developer sh�ll be responsible
for verification in writing by the monitoring department or agency that the
mitigation measures have been implemented.
5. This tentative map approval shall automatically expire on September 15, 1994 unless the
parcel map is recorded or an extension is �granted pursuant to Section 9-02.140.C. of the
Development Code.
6. This Conditional Use Permit and Variance shall automatically expire on September 15,
1994 unless a building permit is issued and substantial construction is commenced and
diligently pursued toward completion, or a Certificate of Occupancy is issued. Thirty
(30) days prior to the expiration of the approval, the applicant may apply to the Planning
Commission for an extension of one (1) year from the original date of expiration.
7. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of September 15, 1992 and marked "�xhibit A".
Exhibit B, the conceptual site plan is intended only as a guide for future development of
access and parking facilities. Any proposal for development of parcel 3 is subject to
review through the conditional use permit procedure.
Mitigat.ion Measures
8. In the event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work shall be halted until the city has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (549-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect this mitigation.
Time Frame: During grading, construction or development of the project.
Responsible Department/Agency: Building Department
9. All new construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and etcetera. All water conserving designs and fixtures
shall be installed prior to 1ina1 occupancy.
Time Fr�me: Prior to final occupancy
ltesponsible Department/Agency: Building Department
23��
23�
Resolution No. 92-1385
Conditional Use Permit Case No. 92-489
Philip Strauss
September 15, 1992
Page Three
10. Prior to recordation of the parcel map, the developer shall enter into an agreement with
the City, in a form acceptable to the city attorney, whereby, the developer agrees, on
behalf of himself and his successors in interest, to pay the City a fee of Twenty Six
Thousand, Five Hundred, Sixty Dollars ($26,560.00), to be paid prior to issuance of
building permits to convert the residence to a dental office.
Time Frame: Prior to recordation of the parcel map and issuance of building
permits to convert the residence to a dental office.
Responsible Department/Agency: Public Works Department
Pl�nning Dep�rtment Conditions
11. Development shall conform with the General Commercial, Office Professional, and
Single Family zoning requirements unless otherwise approved.
12. Signage shall be subject to the requirements of Section 9-4.2407 of the Zoning
Ordinance.
13. Prior to issuance of a business license for Parcel2 or building permits, three (3) sets of
revised plans shall be submitted to be reviewed and approved by the Planning
Department, Parks and Recreation Department, Police Department, Public Works
Department, and Fire and Building Department as noted. The plans shall be revised to
include the following:
a. All ducts, meters, air conditioning equipment 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. All roof-mounted equipment which
generates noise, solid particles, odors, etcetera, shall cause the objectionable
material to be directed away from residential properties.
b. All walls, including screening and retaining walls, and the trash enclosure shall
be compatible with the approved project, subject to the review and approval of
the Planning Director.
c. An exterior lighting plan subject to the review and approval of the Planning and
Police Departments which shall include the following:
(1) Cut-off luminaries shall be installed which will provide true 90 degree cut-
off and prevent projection of light above the horizontal from the lowest
point of the lamp or light emitting refractor or device.
(2) All fixtures shall use a flat, clear lens, energy-efficient light source.
(3) All project lighting shall be confined to the project site.
d. A landscaping and irrigation plan prepared by a licensed landscape architect
subject to review and approval by the Parks and Recreation and Planning
Departments. The landscaping plan shall include the following:
,(1-) Tree staking, soil preparation and planting detail;
(2) The use of landscaping to screen ground-mounted utility and mechanical
equipment;
237�
Resolution No. 92-1385
Conditional Use Permit C�se No. 92-489
Philip Strauss
September 15, 1992
Page Four
(3) The required landscaping and improvements. This includes:
(a) Deep root planters shall be included in areas where trees are
within 5' of asphalt or concrete surfaces and curbs; and
i�
�
(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) A three foot high landscaped berm or wall shall be installed
between the street and the handicapped parking space.
e. The parking lot and landscaping shall be fully developed along the property line
between parcels 2 and 3 as shown on the conceptual site plan.
Public Works Department Conditions
14. Prior to recordation of the parcel map, the developer shall construct curb, gutter,
sidewalk, and conformance paving along the project's Wood Place frontage.
15.
16.
17.
18.
19,
Prior to or concurrent with recordation of the parcel map, the developer shall dedicate
water rights within the subdivision to the City.''
The applicant shall remove and replace any broken curb, gutter and sidewalk as required
by the City Engineer along the project's S. Halcyon Road frontage.
All public works improvements not installed prior to recordation of the parcel map shall
be bonded by the developer.
All parcels shall have City water and sewer services.
Prior to recordation of the parcel map, the applicant shall have prepared a grading and
drainage plan for review and approval of the City Engineer.
20. A registered civil engineer, licensed in the State of California shall assure that the
construction work conforms to the approved improvement plans and specifications, as
well as providing certified as-built plans after project completion, but prior to final
occupancy. . .
21. Any improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the City Engineer prior to recordation of
the parcel map. Improvement plans shall include, but are not limited to, grading, street,
drainage, sewer, water, and appurtenant improvements. As required, the plan submitt��l
shall include construction cost estimates, plan check fees, soil reports, and all other
pertinent engineering design calculations.
22. "Standard Specifications for Public Works Construction , latest edition, and the latest
��
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otherwise on the approved
improvement plans.
23. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70
of the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the City Engineer.
235�
Resolution No. 92-1385
Conditional Use Permit Case No. 92-489
Philip Strauss
September 15, 1992
Page Five
24. It is the contractor's responsibility to control dust and erosion throughout the construction
operation. This includes dust arising from the transport of grading materials to or from
the construction site. The developer or his agents or employees shall be responsible for
removal and clean-up of any spill on public streets during the construction operation.
25. Prior to recordation of the parcel map, the applicant shall pay applicable drainage fees
for the dental office. Prior to issuance of building permits the applicant shall pay
applicable drainage fees for other structures.
26. If deemed necessary and desirable by the Director of Public Works, any or all utilities
may be required to be run from Wood Place.
Building Depart.ment Conditions
27. Prior to issuance of any building permits, the applicant shall properly abandon all
nonconforming wells, tanks, pipes and other nonconforming appurtenances on the
property.
28. Prior to converting the residence for commercial use, an architect or engineer shall
address code compliance with commercial requirements (per the Uniform Building Code
and the Uniform Fire Code) for conversion of the existing structure.
Parks and Recre�tt.ion Department Conditions
29. Irrigation bubblers shall be installed with the project landscaping to water the street trees.
Fire Departinent Conditions
30. Prior to final occupancy, all future buildings and the building to be converted shall be
provided by the applicant, with external Fire Department approved key vaults.
31. Prior to issuance of building permits for the future buildings, the applicant shall redesign
the fire lanes to provide standard Fire Department approved turning radii and turn-
arounds. In lieu of turn-arounds, the applicant may install fire sprinklers in the future
buildings.
32. The applicant shall pay Fire Department impact fees of $750.00 per lot prior to grading
or recordation of the parcel map, whichever occurs first.
On motion of Commissioner Soto, seconded by Commissioner Souza, and on the
following roll call vote, to wit:
AYES: Commissioners Carr, Soto, Moore, Souza, Tappan and Chairman Brandy
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of September, 1992.
ATTEST;
�
.
Mona L. relesnik, Commission Clerk
1 ��
Drew Brandy, Chairm