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PC R 91-1346RFSOLU7'ION NO. 91 -13 4 6 A RFSOLUTION OF THE PLANNING COMIVIISSION OF T� CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PIItMIT CASE NO. 90-479, FOR THE CENTRAL COAST BOWL PROJECT, APPLIED FOR BY MIItILEE PECK NEWDOLL AT 1524 GRAND AVENUE W�REAS, the Planning Commission of the City of Arroyo Grande has considered �an application for the Central Coast Bowl Project, applied for by Merilee Peck Newdoll at 1524 Grand Avenue in the GC General Commercial Zone; and WHERREAS, the Planning Commission has found that this project is consistent with the General Plan and environmental documents associated therewith; and �+ , an Environmental Lnpact Report (EIR) has been prepared for the Central Coast Bowl Project; and WHF.REAS, the Planning Commission has reviewed the project and the EIR in compliance with the California Environmental Quality Act and has certified the EIR as being prepared in compliance with the provisions of the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City Rules and Procedures for the implementation of CEQA; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed use is permitted within the subject district pursuant to the provisions of this Development Code, and complies with all the applicable provisions of the Development Code, and the goals and objectives of the General Plan and the development policies and standards of the City. The site is designated General Commercial in the Land Use Element and Policy 3.1a allows commercial recreation centers. Policy 6.7a-d requires the enhancement of pedestrian activity, through street furniture, incorporation of a main visual focus, which in this case is the large oak tree and waterscape, and the project provides pedestrian walkways. Policies 6.11 and 6.13 have been met through the design of the building and facilities. The project is also consistent with Policy 2.31 of the Parks and Recreation Element in that it encourages development of a bowling alley. 2. The site is suitable for the type and intensity of development that is proposed because all required parking and landscaping and drainage facilities can be provided. 3. The proposed use would not impair the integrity and character of the district in which it is to be established or located. 4. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because adequate measures have been incorporated into the conditions of approval of the project to mitigate potential adverse effects. 5. The design and layout of the proposed use is suitable because design revisions recommended in the FEIR have been incorporated in the project design and the design meets all City requirements for parking and landscaping. 6. The project will not have an environmental impact because an Environmental Impact Report has been prepared on the project and all signi�cant adverse impacts identified in the report have been mitigated to a level of insignificance. RESOLUTION NO. 91- MFRIi FF PECK NEWDOLL AUGUST 20, 1991 PAGE TWO 7. There are adequate provisions for water, sanitation, and public utilities and services to ensure public bealth and safety, because conditions of approval require the developer to install adequate facilities. NOW, THEREFORE, BE IT RFSOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 90-479, subject to the mitigation measures attached hereto as Attachment "B" and incorporated herein by reference, and subject to the conditions of approval, attached hereto as Attachment "C" and incorporated herein by reference. On motion by Commissioner Boggess, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYES: Commissioners Boggess, Carr and Chairman Gallagher NOES: Commissioner Moore ABSENT: Commissioners Souza, Soto and Brandy the foregoing Resolution was adopted this 20th day of August, 1991. ATTEST: -�� � ( Pearl L. Phinney Planning Commission Secretary �- ATTACHMENT "B" MITIGATION MEASURES The Following Mitigation Measures Are Part of the Mitigation Monitoring Program Required by State Law and the City of Arroyo Grande Rules and Procedures for the Implementation of CEQA NOTE: An asterisk "*" been at least project design. Landform Modification indicates mitigation measures that have partially incorporated into the revised 1. If grading occurs after November 15 and before April 15, all areas disturbed by grading shall receive the following treatment: 1) provide appropriate surface drainage facilities to prevent erosion (e.g., diversion ditches, catch basins, berms, jute net on 2:1 slopes), 2) a non-irrigated hydroseed mixture shall be applied prior to November 15th of the year to benefit from early Fall rains, and 3) non-irrigated hydroseed mixture shall include Lasthenia glabrata, Bromus mollis, Dimorphotheca aurantiaca, Eschscholtzia californica, and Trifolium hirtum. Time Frame: Prior to November 15th and between November 15 and April 15. Responsible Department/Agency: Building Department 2. If grading occurs in between April 15 and November 15, all areas disturbed by grading shall receive the following treatment: 1) provide appropriate surface drainage facilities to prevent erosion (e.g., diversion ditches, catch basins, berms, jute net on 2:1 slopes), 2)an irrigated hydroseed mixture shall be applied upon completion of grading operations, 3) a temporary, above ground supplemental irrigation shall be installed to germinate and establish a vegetative cover, and 4) an irrigated hydroseed mixture shall include Trifolium repens, Lotus corniculatus, Trifolium O'Conners, Trifolium Salina Strawberry, and Coastal Wildflower Mix. Time Frame: Between April 15 and November 15. Responsible Department/Agency: Building Department 3. Al1 permanent slopes shall be planted pursuant to the approved landscape plans and all slopes 2:1 or greater shall be stabilized with jute mesh or equal, prior to planting. Time Frame: Prior to final occupancy. Responsible Department/Agency: Building Department, Parks and Recreation Department 4. All grading shall comply with the provisions of the City of Arroyo Grande Grading Ordinance sections 7-1.09 through 7-1.13. Time Frame: Prior to issuance of grading permits and during grading Responsible Department/Agency: Public Works Department, Building Department 5. The final grading plan shall reflect grades that do not entail cut or fill within the dripline of the existing oak trees. No grading will occur within the dripline of the existing oak trees. Prior to start of any grading, grubbing, or construction on the site, all existing oak trees shall be completely surrounded by a five (5) foot high chain link or vinyl fence installed at the dripline of the trees. No parking, storage, or mechanical trenching should occur within the dripline of the 1 trees. City Ordinance 431 C.S. has other specific requirements for tree removal and protection which shall be adhered to. Other requirements of the ordinance for bonding, arborist review, and replacements for trees removed would also apply. Time Frame: Prior to the start of any grubbing, grading, or construction, and ongoing during construction. Responsible Department/Agency: Public Works Department, Parks and Recreation Department, Building Department 6. The final grading plan shall address drainage behind the building at the base of the slope bank at the property line to ensure the building is protected from storm water runoff. This may require a concrete swale, as the least disruptive alternative to convey water around the building. Time Frame: Prior to issuance of building or grading permits Responsible Department/Agency: DrainaQe Public Works Department 7. The applicant shall mitigate project drainage impacts using one of the following methods: A. The project may correct the downstream drainage deficiencies. This could solve some existing problems and at the same time maximize the area of the project available for development. B. The project may store rainwater runoff from the project on-site. City standards require basins to be sized to accommodate storage for a 100 year storm. The basin as proposed will not provide improvement to the downstream drainage system. It will be necessary to provide additional storage to this basin to allow for rainwater retention for the two lots fronting on Grand Avenue and the volume recommended by E.D.A.. C. With City approval, the applicant may do a combination of A and B, if the City and applicant agree that downstream improvements in combination with on-site detention basin(s) are viable mitigations. Credit could be given for historic runoff flows from the undeveloped site in the form of a reduced requirement for storage. The quantity of credit for such flow and the resulting volume would have to be quantified by the developer and approved by the City. The reduced requirement for storage would depend on the extent of the downstream improvements. In the extreme case, if improvements to all elements of the downstream system were completed to an appropriate standard, storage could be eliminated completely. On the other hand, improvements to only one deficient element of the system may not be justification for a reduction in required storage volume for this project due to increased allowable discharge since the remaining deficient elements might still be adversely impacted. Time Frame: Prior to issuance of building or grading permits Responsible Department/Agency: Public Works Department 8. If retention basins are installed, the applicant shall construct safety fencing around the basin. Time Frame: Prior to issuance final occupancy. Responsible Department/Agency: Building Department 9. If retention basins are installed, a safe overland spillway shall be included in the design and construction to allow for safe disposal of water should the basin capacity be exceeded. Time Frame: Prior to issuance of building or grading permits for design and prior to final occupancy for construction. Responsible Department/Agency: Public Works Department, Building Department 10. One proposed alternative is to constr,uct the retention basin to store the runoff in underground structures. Under such a proposal, these structures would probably be located under parking or landscaped areas. Because the underground structure would not be accessible for maintenance, a silt and oil trap must be installed and maintained upstream of inlets to the storage structure. Establishment of a program for operation and maintenance must be included as a condition to the approval of such an alternative. 2 � � , , fr , �� ; Time Frame: Prior to issuance of building or grading permits. Responsible Department/Agency: Public Works Department 11. If a terminal retention basin is included in the project then it must be maintained. Indicators should be installed in the basin to show the depth of collected silt. When the silt reaches a predetermined depth the basin should be cleaned. Time Frame: Prior to final occupancy and ongoing. Responsible Department/Agency: Building Department, Public Works Department 12. Because the basin will be a private facility, agreements between the respective property owners should stipulate maintenance responsibility and how that responsibility is shared. Time Frame: Prior to recordation of the parcel map Responsible Department/Agency: Public Works Department, City Attorney Noise *13. Prior to the start of grading or construction activities, the applicant shall construct a 6 foot masonry wall along the west property line from the northwest property corner south to the end of the Church property. Time Frame: Prior to issuance of grading or building permits Responsible Department/Agency: Building Department 14. Measures to limit noise impacts during construction shall include: A. limiting construction to weekdays from 8:00 AM to 6:00 PM; B. confining the loudest constructibn operation, where feasible, to the south to central portion of the site; and C. selection of the quietest among alternative equipment. �N Time Frame: During Construction Responsible Department/Agency: Building Department *15. Noise impacts related to parking lot activity shall be reduced by shifting the trash enclosure south next to the Williams Brothers Market and by designating the parking bay along the church boundary as employee parking. These design changes shall be shown on the construction drawings prior to issuance of building permits and shall be constructed prior to final occupancy. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Glare Planning Department 16. Planting shall be increased in density along the west property line to one tree per 20 feet, and shall be dense, broadleaf evergreen species suitable for screening. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Parks and Recreation Department, Planning Department *17. Light poles shall not exceed 20 feet in height and shall have cut-off type luminaries. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Planning Department 18. Signage and building/arcade illumination shall be concentrated on the south building elevation. Wall illumination on other building faces shall be limited to lighting emergency exits and service areas, without reflective glare off the building. Time Frame: Prior to issuance of building permits and ongoing. Responsible Department/Agency: Planning Department 3 19. General illumination shall not exceed one foot candle except at vehicular entry/exits. Time Frame: Prior to issuance of building permits for design. Responsible Department/Agency: Visual Ouality Planning Department *20. The proposed planting behind the building shall be limited to trees and shrubs that when mature, do not exceed the height of the top of the mansard, to maintain views over the top of the building. The pine trees proposed would be too tall and shall be eliminated. A dense, solid mass of trees such as California pepper and shrubs such as Acacia would be appropriate to accomplish this and screen the building. Vines or shrubs shall be planted against the large expanses of masonry walls to soften the facade on the east and south. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Parks and Recreation Department, Planning Department 21. If a retention basin is included in the final project design, the final landscape plan shall include a permanent ground cover, established from containers or cuttings and not seed, on the retention basin slopes. Medium sized shrubs (6 to 8 feet) should be included as well as trees. The slopes shall have permanent underground spray irrigation. On the perimeter of the basin, outside the safety fence, shrubs shall be planted in a continuous unbroken line around the basin. The shrubs shall not exceed four feet in mature height so that visual access is maintained to the basin bottom for safety surveillance. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Parks and Recreation Department, Planning Department *22. The option of a series of detention basins (with some storage in parking areas) combined with downstream improvements would decrease the size and depth of the basin, and mitigate aesthetic impacts. Time Frame: Prior to issuance of grading or building permits Responsible Department/Agency: Planning Department, Public Works Department 23. The final landscape design and planting shall be in substantial conformance with the proposed landscape plan except as amended by these mitigation measures and conditions of approval and as amended to conform with Section 9-12.130 of the Development Code. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Parks and Recreation Department *24. The maximum roof height shall be lowered from elevation 144.0 to under 140.0 to maintain a major portion of the views to the south from surrounding residences. This reduction can be accomplished using one or both of the following methods: A. The building should be analyzed by the project architect to determine the minimum feasible building height that still provides adequate ceiling height, depth for structural trusses for the spans involved, and a four or five foot parapet. B. The final project grading design should investigate the feasibility of lowering the building floor elevation. Although the floor elevation is controlled to some extent by the grades at the existing oak, it is possible to lower grades outside the drip line and actually retain the tree in a low walled planter. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Planning Department 25. The rooftop and mechanical equipment areas should be carefully designed to have low visual impact including: A. Low glare roofing material; B. Locate mechanical equipment to north half of roof as much as possible; and 4 L C. Paint mechanical equipment to match roof color. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Planning Department Traffic A. Proiect Traffic Impact Mitiaation 26. The applicant shall construct curb, gutter and sidewalk along the project frontage along Courtland Street. This improvement should be extended to Brighton Avenue to provide for continuous pedestrian access between the project and the neighborhood north of the project. Time Frame: Prior to final occupancy Responsible Department/Agency: Public Works Department *27. The applicant shall modify the project site plan to include a project driveway providing for right turns in and out and possibly left turn in on Grand Avenue. This driveway should be combined with the Williams Brothers Shopping Center driveway. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Public Works Department 28. The applicant shall design and construct a landscape median on Grand Avenue between Oak Park Boulevard and Courtland Street. This should be designed to prohibit left turns out of the Williams Brothers/Project driveway. If a separate driveway is installed, left turns should be prohibited into the driveways as well. A conceptual plan of the median improvements along Grand Avenue was previously approved by the Arroyo Grande City Council. Time Frame: Prior to issuance of building permits for design and a aecured agreement to guarantee improvement, and prior to final occupancy for the construction. Responsible Department/Agency: Public Works Department 29. Prior to recordation of the final 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 Seventy Six Thousand, One Hundred, Twenty Five Dollars ($76,125.00) plus an inflation adjustment based upon the Engineering News Record (ENR) index rate per year, to be paid prior to issuance of building permits or within five (5) years of recordation of the parcel map, whichever comes first. Time Frame: Prior to recordation of the parcel map for the agreement. Prior to issuance of building permits or within five (5) years of recordation of the parcel map, whichever occurs first for payment of the fee. Responsible Department/Agency: B. On-Site Mitiqations Public Works Department, City Attorney *30. The project shall incorporate a minimum of 183 on-site parking spaces to meet ITE standards. If the City elects to apply the standards of the new development code the total would be 190 spaces. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Planning Department 31. The parking lot design shall be modified to eliminate the dead-end parking bay south of the oak trees. Time Frame: Prior to issuance of building permits for design and prior to final occupancy for the construction. Responsible Department/Agency: Planning Department C. 32. Pedestrian Mitiaation The project applicant shall construct the segment of sidewalk on Courtland Street up to Brighton Avenue. 5 Time Frame: Prior to final occupancy Responsible Department/Agency: Land Use Compatibility Public Works Department 33. The final design, materials, forms and detailing of the proposed building shall be in substantial conformance with the plans and materials approved by the Planning Commission at their meeting of August 6, 1991 except as amended by these mitigation measures and conditions of approval. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Planning Department *34. As also noted in the mitigation measures for Visual Quality, the proposed building should be designed to the lowest practical height possible. The applicant shall prepare architectural studies that explore minimum ceiling heights, structural systems that minimize truss depth, locating rooftop mechanical equipment in as few areas as possible and keeping the roof parapet height to a minimum, and lowering the height of the mansard roof. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Planning Department 35. The applicant shall attempt to conform the building more to the height of the Lucky/Payless Center. The applicant should break up the building facade more to reduce the appearance of mass by adding more detailing and articulation on the east and west facades. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Planning Department Cultural Resources 36. The demolition of the existing structures on proposed parcel 2 shall be monitored by a qualified archaeologist. The applicant shall be responsible for paying this cost. Time Frame: During demolition of existing structures Responsible Department/Agency: Building Department 37. 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: Public Safetv A. Hazardous Materials Building Department 38. The County Air Pollution Control District and the Environmental Protection Agency in San Francisco shall be notified of the demolition of the existing structure and proper forms submitted, prior to the issuance of a demolition permit. Time Frame: Prior to issuance of a demolition permit. Responsible Department/Agency: Building Department 39. The applicant shall coordinate with APCD to regulate and monitor asbestos disposal as required under federal law. The law requires that a full survey of the existing building to be done prior to demolition to identify all sources of asbestos. Demolition must be done in a manner that does not break or powderize the siding material. Time Frame: Survey done prior to issuance of a demolition permit, monitoring during demolition Responsible Department/Agency: Building Department, APCD � B. 40. Fire Safetv• The applicant shall loop a water main through the site f�om Courtland Street to Grand Avenue to enhance fire flows and an on-site hydrant shall be provided by the applicant. Time Frame: Prior to final occupancy Responsible Department/Agency: Building Department 41. The applicant shall install an automatic fire sprinkler system throughout the facility prior to final occupancy. All fire sprinkler installation plans shall be approved by Fire Department prior to final framing inspection by Building Department. Time Frame: Plans shall be approved prior to final framing inspection. System shall be installed prior to final occupancy. Responsible Department/Agency: Building Department, Fire Department C. 42. Police Protection: The conditional use permit shall be limited to prohibit live music and dancing. Time Frame: Ongoing Responsible Department/Agency: Police Department 43. The applicant shall limit hours of operation in accordance with the City Municipal Code, Section 5-6.01. Time Frame: Ongoinq Responsible Department/Agency: Police Department *44. The applicant shall redesign the project to eliminate the actual lounge area and substitute a walk-up service bar. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Planning Department *45. Illumination for police surveillance of the parking area shall be provided, subject to the mitigations described under the topic Glare. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Police Department, Planning Department 46. Prior to issuance of building permits, the applicant shall submit a security plan for review and approval of the Police and Planning Departments. Said plan shall incorporate the use of security personnel, a non-loitering policy, and a policy that juveniles must be accompanied by an adult. Changes in said security plan shall require prior approval by the Planning and Police Departments. Time Frame: Prior to issuance of Building Permits Responsible Department/Agency: Police Department, Planning Department Water Supply 47. All 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 final occupancy. Time Frame: Prior to final occupancy Responsible Department/Agency: Building Department 48. 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 for the project. The approved program must be implemented prior to issuance of buildinq permits. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Pubic Works Department 7 49. Prior to issuance of building permits, the applicant shall provide a landscape plan, prepared by a licensed landscape architect, to the satisfaction of the Director of Parks and Recreation and the Director of Planning. All landscaping shall be consistent with water conservation practices which may include the following to neutralize water use to zero: A. Using only drought tolerant plants in the planting design. Eliminate proposed carrotwood and flowering pear trees, hypericum groundcover and pittosporum shrubs; B. Design irrigation system using drip emitters or bubblers, avoid spray irrigation; C. Install soil moisture sensors and automatic controller to ensure plants are not receiving more water than needed; D. Separate landscape and domestic water meters. Conduct monthly water use audits; and E. Develop a water budget based on evapotranspiration data and water audits. Time Frame: Prior to issuance of building permits Responsible Department/Agency: Parks and Recreation Department, Planning Department Air Ouality 50. The APCD standard mitigations for dust contained in the APCD Interim Guidelines shall be implemented. The following are specific mitigations: A. IIse of Caterpillar prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of oxides of nitrogen (NOx). B. Electrify equipment where feasible. C. Maintain equipment in tune per manufacturer's specifications, except as required by condition E. D. Install catalytic converters on gasoline-powered equipment. E. Zmplement engine timing retard (four degrees) for diesel-powered equipment. F. Substitute gasoline-powered for diesel-powered equipment, where feasible. G. Minimize the amount of disturbed area. H. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increase watering frequency whenever wind speeds exceed 15 mph. I. All dirt stock-pile areas should be sprayed daily as needed. J. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. K. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. L. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. M. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. N. Vehicle speed for all construction vehicles shall not exceed 25 mph on any unpaved surface at the construction site. O. Development of a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. P. Scheduling of construction truck trips during non-peak hours to reduce peak hour emissions. Q. Limiting the length of the construction work-day period, if necessary. R. Phasing of construction activities, if appropriate. Time Frame: Prior to issuance of grading or building permits measures A, B, D, E, F, G, & O must be completed. Measures A, C, H, I, J, K, L, M, N, P, Q, & R must be monitored during construction. Responsible Department/Agency: APCD 8 ATTACHMENT "C" CONDITIONS OF APPROVAL CONDITIONS OF APPROVAL - PARCEL MAP General Conditions 1. 2. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 6, 1991 and marked "Exhibit A". 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 employers, 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. An EIR has been prepared for this project. Mitigation measures are listed as Attachment "B" attached hereto and incorporated herein by this reference. Said mitigations shall be implemented as conditions of approval and shall be monitored by appropriate City departments and other responsible agencies as indicated in Attachment "B". The developer shall 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 August 6, 1993 unless the parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. Planning Department Conditions 6. Development shall conform with the GC (General Commercial) zoning requirements unless otherwise approved. 7. Prior to, or concurrent with recordation of the parcel map, the applicant shall record joint drainage, parking and maintenance agreements, in a form approved by the City Attorney. Said agreement shall address, at a minimum, maintenance of driveways, parking areas, common landscaping, the drainage basin and other site features in common ownership. 8. The sidewalk along Courtland Street shall be meandered or reduced in width to avoid the existing Oak tree subject to review and approval of the Parks and Recreation Director and the Director of Public Works. If a meandered sidewalk is required, the applicant shall provide the necessary right of way for the sidewalk prior to or concurrent with recordation of the parcel map. Public Works Department Conditions 9. Prior to recordation of the parcel map, the developer shall provide deeds to evidence the following information: a. Easement information (if any) for the existing sewer main on the west side of the property; b. Abandonment of 19th Street and Ramona Avenue; and c. Width of right of way of Courtland Street. 10. Prior to or concurrent with recordation of the parcel map, the developer shall dedicate a portion on the southeast corner of the property to accommodate installation of a curb return with handicap ramp to City Standards. 11. 12. Prior to or concurrent with recordation of the parcel map, the developer shall dedicate street tree and public utility easements along the project's Courtland Street frontage. Prior to recordation of the parcel map, the developer shall design Courtland street for curb, gutter and sidewalk with conformance paving as required. 13. The developer shall construct curb, gutter, sidewalk and conformance paving alonq the Courtland street project frontage and remove and replace curb, gutter and sidewalk as required by the Director of Public Works along the project's Grand Avenue frontage. 13a. Prior to recordation of the parcel map or issuance of building permits, the applicant shall request the City of Arroyo Grande to designate that portion of both sides of Courtland Street between Grand Avenue and Brighton Avenue as no-parking zones. Within the same time frame (except as modified by condition of approval #14), the applicant shall design and construct a stamped concrete median generally conforming to the conceptual �� 1 Courtland Median Layout presented to the Planning Commission and marked as Exhibit "C". The final median design shall be subject to review and approval of the Public Works Director. Stamped concrete pavers shall be subject to review and approval of the Planning Director. Prior to issuance of building permits, the applicant shall revise the project design to eliminate the Courtland Street ingress and provide an emergency vehicle access to the project subject to the review and approval of the City Engineer and the Parking and Traffic Commission. In the event that the City of Arroyo Grande does not approve the no- parking zone, the applicant may be required to dedicate additional street right of way to allow for construction of the median with retention of on- street parking. In this case, the Director of Public Works may approve a decrease in the width of the median. If dedication of street right of way for construction of the median results in changes to the desiqn or layout of the project, the Planning Director may require filing of amended project applications. 13b. The applicant has voluntarilv aareed to do one of the following as a condition of approval, prior to recordation of the parcel map or issuance of building permits: 1. The applicant shall contribute funds which may be used to improve the right turn geometrics from westbound Grand Avenue to Northbound Oak Park Boulevard and widen Oak Park Boulevard between Grand Avenue and Brighton Avenue. 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 6$ of the total cost of the referenced improvements, as determined by the Public Works Director, based on an engineer's estimate provided by the applicant, to be paid prior to issuance of building permits or within five (5) years of recordation of the parcel map, whichever comes first; or 2. The applicant shall acquire necessary right of way for dedication to the City to allow the design and construction of a right turn lane from Grand Avenue to Oak Park Boulevard. The applicant shall design and construct said right turn lane concurrent with other public improvements as specified in Attachment "C". If said design and construction results in a loss or relocation of parking for the Williams Brothers Market complex, the applicant shall restripe the parking lot to regain any lost spaces, subject to review and approval of the Planning Director, through the Plot Plan Review process. The City Council may elect not to condemn property for the necessary right of way, and in that case, condition 13b.(1) above must be met. 14. All public works improvements not installed prior to recordation of the parcel map shall be bonded by the developer. 15. All parcels shall have City water and sewer services. 16. Prior to recordation of the parcel map, the developer shall have prepared a grading and drainage plan for review and approval of the Director of Public Works. No grading operation is allowed without an approved grading plan. 17. All site drainage shall be retained on-site unless otherwise approved by the Director of Public Works. Design of said retention shall be per 100 year storm criteria. 18. Prior to recordation of the parcel map, all existing structures shall be removed. 19. Al1 improvement plans shall be prepared by a registered civil engineer, licensed in the State of California, and shall be approved by the Public Works Director 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 submittal shall include construction cost estimates, plan check fees, soil reports, and all other pertinent engineering design calculations. 20. "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. 21. 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 Director of Public Works. 22. 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. 23. 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. CONDITIONS OF APPROVAL - ARCHITECTURAL REVIEW AND CONDITIONAL USE PERMIT 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 August 6, 1993 unless a building permit is issued or an extension of time is granted. Sixty (60) days prior to the expiration of the architectural approval, the applicant may apply to the Planning Director for an extension of one (1) year from the original date of expiration. Any further extensions beyond one (1) year shall require Planning Commission approval, after a recommendation by the Architectural Advisory Committee. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 6, 1991 and marked "Exhibit B". 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 employers, 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. An EIR has been prepared for this project. Mitigation measures are listed as Attachment "B" attached hereto and incorporated herein by thie reference. Said mitigations shall be implemented as conditions of approval and shall be monitored by appropriate City departments and other responsible agencies as indicated in Attachment "B". The developer shall be responsible for verification in writing by the monitoring department of agency that the mitigation measures have been implemented. Planning Department Conditions 6. Development shall conform with the GC (General Commercial) zoning requirements unless otherwise approved. 6a. Within one year of final occupancy of the subject Conditional Use Permit, the project shall be reviewed for compliance with all the conditions of approval and mitigation measures. At that review, the Planning Commission may institute additional project reviews. 7. Prior to issuance of building permits, all existing structures shall be removed. If the Parcel map records, the applicant shall record appropriate easements for ingress, eqress, parking, drainage and utilities. 8. Signage shall be subject to the requirements of Section 9-13 of the Development Code. 9. Prior to issuance of building permits, nine (9) 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, Fire and Building Department, and Architectural Advisory Committee as noted. The plans shall be revised to include the following: a. Al1 ducts, meters, air conditioning equipment electrical transformers, check valves, backflow preventers 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. 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 shall be compatible with the approved architecture, subject to the review and approval of the Architectural Advisory Committee. 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) Al1 fixtures shall use a flat, clear lens, energy-efficient light source. (3) All project lighting shall be confined to the project site. 3 d. A landscaping and irrigation plan prepared by a licensed landscape architect subject to review and approval by the Planning, Police, Fire, and Parks and Recreation 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, electrical and mechanical equipment; (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; (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; (d) Street trees along Courtland.Street in deep root planters with irrigation. (4) Report by a certified arborist on the condition of the existing 3 oaks on the site and precautions to be taken prior to and during construction. (5) Street trees along Grand Avenue. e. A fencing plan shall be submitted for review and approval by the Architectural Advisory Committee. f. All construction drawings shall be reviewed by the Architectural Advisory Committee prior to issuance of building permits. Theses drawings shall include the following: (1) The mechanical equipment on the roof shall be treated or screened. The committee suggested coloring the roofing material, brown or red or a similar color and painting the mechanical equipment to match. (2) The committee recommended that planter strips be between all aisles of parking., (3) The committee recommended reducing the size of parking spaces to City Standards and increasing the widths of planter strips. (4) The internal flow of traffic shall be shown and shall include any required traffic control devices such as stop signs. (5) Landscaping should include creeping fig or similar vine to grow up the split face block walls. (6) Colored concrete should be incorporated into the design as was done at the Lucky's shopping center. (7) Landscaping should include more Oak trees. (8) The steel railing on top of the wall above the trash enclosure could be a maintenance problem and is not very attractive. The Committee suggested using a different type of material, perhaps wood. (9) The Committee suggests a dark accent color to be incorporated into the project design. 10. A minimum of Nine (9) bicycle parking spaces shall be provided prior to final occupancy. 11. All parking and parking lot landscaping shall comply with the provisions of Chapter 9-12 of the Development Code. 12. If the waterscape plan is implemented, vector control shall be provided pursuant to County Health Department Standards. 13. No parking lot cleaning, sweeping or blowing shall occur between the hours of 10 p.m. and 8 a.m. Building Department Conditions 14. Prior to issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, wells, pipes and so forth. 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; � 4 c. Grading; and d. Demolition of existing structures. 16. Prior to issuance of building permits, the applicant shall verify whether existing structures are connected to the City sewer. The developer shall connect to public sewer facilities and pay appropriate sanitation district and city connection fees. 17. Except as previously approved by the Building Inspector in writing, all grading shall be completed and freestanding retaining walls constructed prior to issuance of building permits. 18. Prior to issuance of grading permits, the developer shall post a cash performance bond for grading and erosion control for the sum of $5,000.00. The bond will be refundable at completion of project with building final. 19. Al1 structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to all seismic conditions as they would apply to earthquake zone 4. 20. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to energy regulations as described in Title 24 of the California Administrative Code for climate zone 5. Public Works Department Conditions 21. All improvement plans shall be prepared by a registered civil engineer, licensed in the State of California, and shall be approved by the Public Works Director prior to issuance of any City Permits. Improvement plans shall include, but are not limited to, grading, street, drainage, sewer, water, and appurtenant improvements. As required, the plan submittal 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 Director of Public Works. 24. The developer shall pay storm drainage fees where appropriate in accordance with City Ordinances. 25. 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 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. 26. 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. Fire Department Conditions 27. Prior to final occupancy, the developer shall post approved fire lane signs in accordance with California Vehicle Code and paint curbs red along all vehicle corridors delineated by the Fire Chief as fire lanes. 28. Required fire hydrants shall be installed with flows and pressures required by Fire Department prior to delivery of combustibles, except concrete framing materials. Parks and Recreation Department Conditions 29. All landscaping materials shall be planted according to the approved landscaping plan prior to final occupancy. 30. The applicant shall maintain and replace when necessary all approved plantings. 31. Existing Oak trees shall have a fence (5 foot high chain link or vinyl) around the tree extending out around the dripline to prevent encroachment of construction equipment or materials (includes off-site oak tree). This fence shall be installed prior to any grubbing, grading or any construction on the property. 32. Prior to issuance of building permits, the applicant shall request that the 36" and 48" Oak trees on site be included into the City's Landmark Tree Program. 33. Ordinance 313 C.S. shall be followed. Police Department Conditions 34. Prior to building final, the developer shall install a silent burglar alarm in the building which will be monitored by a private answering service. 5