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PC R 09-2095RESOLUTION NO. 09-2095 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 09- 005, TENTATIVE PARCEL MAP 09-002 AND PLANNED SIGN PROGRAM 09-002; 1170 WEST BRANCH STREET; APPLICANT — IN-N- OUT BURGER WHEREAS, the Planning Commission of the City of Arroyo Grande has considered applications for Conditional Use Permit No. 09-005, Tentative Parcel Map 09-002 and Planned Sign Program 09-002 filed by In-N-Out Burger (Mark Noack) to: 1) divide an existing 7.25 acre parcel into a 0.88 acre parcel (subject parcel) and a 6.37 acre parcel, 2) dismantle the former Sizzler restaurant building and 3) construct a new drive through fast food restaurant (totaling 3,265 square feet of building area, 1,990 square feet accessible by the public), sign installation, landscaping and parking lot improvements; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City's Municipal 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), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has reviewed a draft mitigated negative declaration; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Tentative Parcel Map Findings The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of this title. The development of a stand alone, drive through fast food restaurant is consistent with policy LU7-2 of fhe Land Use Element of the General Plan which states: "The RC classification shall provide areas for retail and service businesses serving the regional population (trade area typically exceeding 50,000 people - roughly equivalent to the Five-Cities area)." The development of a stand alone, drive through fast food restaurant is consistent with policy LU7-4 of the Land Use Element of the General Plan which states: "Freestanding of drive-through fast food restaurants are allowed in the RC or BP areas subject to consideration of potential air quality and aesthetic impacts." RESOLUTION NO. 09-2095 PAGE 2 2. The site is physically suitable for the type of development proposed. The project site is the area commonly known as the Five Cities Center /ocated at West Branch Street and Rancho Parkway in the City of Arroyo Grande. The overall development is approximately 47-acres of shopping center space including major and minor tenants and parking facilities. The proposed drive-through restaurant will replace the former Sizzler Restaurant. 3. The site is physically suitable for the proposed density of development. The site of the proposed restaurant is physically suitable for fhe proposed density of development due to existing development of needed amenities such as shared access and parking within a 47-acre shopping center development. 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The tentative parcel map will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat due to its location within a developed 47-acre shopping center. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision is not likely to cause serious public health problems due to the nature of the developed shopping center and conditions of approval that address issues such a pedestrian and vehicular circulation. 6. The design of the tentative parcel map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative parcel map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. The design of the tentative parcel map was designed to avoid conflicts with public and private easements and to obey established agreements related to access to and circulation within the existing shopping center. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed by Division 7(commencing with Section 13000) of the California Water Code. Discharge of waste from the proposed subdivision into the exisfing community sewer system will not result in violation of existing requirements as prescribed by Division 7(commencing with Section 13000) of the California Water Code due to standard development regulations implemented through the City of Arroyo Grande Municipal Code. RESOLUTION NO. 09-2095 PAGE 3 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. As detailed in the Initial Study and Mifigated Negative Declaration, due to fhe previous development of the Five Cities Center as well as project conditions of approval, adequate public services and facilities exist for the development of fhe proposed In-N-Out Burger. Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city. Restaurants with drive through services are allowed in the Regional Commercial zoning district with approval of a Conditional Use Permit. The development of a stand alone, drive through fast food restaurant is consistent with policy LU7-2 of the Land Use Element of the General Plan which states: `The RC classification shall provide areas for retail and service businesses serving fhe regional population (trade area typically exceeding 50,000 people - roughly equivalent to the Five-Cities area)." The development of a stand alone, drive through fast food restaurant is consisfent with policy LU7-4 of the Land Use Element of the General Plan which states: "Freestanding of drive-through fasf food restaurants are allowed in the RC or BP areas subject to consideration of potential air quality and aesthetic impacts." The project as proposed meefs all pertinent Municipal Code development standards. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed restaurant use is similar in character, sca/e and function of the existing Five Cities Center and the surrounding Regional Commercial district which includes Carl's Jr., McDonalds (inside Wal-Mart), Chili's and Baja Fresh. As depicted on the project plans, the In-N-Out Burger is placed away from residential developmenf and adjacent to Freeway 101. 3. The site is suitable for the type and intensity of use or development that is proposed. The site of the proposed restaurant is physically suitable for the proposed density of development due to existing development of needed amenities such as shared access and parking within a 47-acre shopping center development. 4. There are adequate provisions for water, sanitation, and public utilities and RESOLUTION NO. 09-2095 PAG E 4 services to ensure public health and safety. Due to previously installed infrastructure wifhin the Five Cities Center as well as existing public infrastrucfure from the site as determined by the Engineering Division, there are adequate provisions for water, sanitation, and public utilities and services to ensure public healfh and safety. 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. 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 the proposed project complies with applicable performance standards and development criteria of the Regional Commercial zoning district. The project as proposed and altered by developed conditions of approval will not be detrimental to the public healfh, safety or welfare or materially injurious to properties and improvements in fhe vicinity. Planned Sign Program Findings The proposed sign is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and any applicable design guidelines or approvals; The proposed signs are consistenf with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and all applicable design guidelines or approvals based upon review of the applicable documents by staff, the Architectural Review Committee and the Planning Commission. 2. The proposed sign conforms to applicable development standards and provisions of this title and will not be detrimental to the public health, safety and welfare; The proposed signs conform to applicable development standards and provisions of the Development Code and will not be detrimental to the public health, safety and welfare. 3. The physical location or placement of the sign is compatible with the surrounding neighborhood and does not pose a safety risk. The physical location or placemenf of the signs is compafible with the surrounding neighborhood based upon similar existing signs within the Five Cities Center development as reviewed by the Architectural Review Committee. The signs will require building permits, which entail adherence to the Building Codes of the City of Arroyo Grande and the State of California and therefore will not pose a safety risk. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a mitigated negative declaration and approves Conditional RESOLUTION NO. 09-2095 PAGE 5 Use Permit No. 09-005, Tentative Parcel Map 09-002 and Planned Sign Program 09-002, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner, seconded by Commissioner, and by the following roll call vote, to wit: AYES: Chair Ray, Commissioners Keen, Brown, Barneich NOES: None ABSENT: Commissioner Ruth the foregoing Resolution was adopted this 15 day of December 2009. ATTEST: �,��c�c,� GJ.�;� � ' �� DEBBIE WEICHINGER, CAREN RAY, C SECRETARY TO THE COMMISSION AS TO CONTENT: c TE SA MCCLISH, DI CTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. 09-2095 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 09-005 TENTATIVE PARCEL MAP 09-002 PLANNED SIGN PROGRAM 09-002 IN-N-OUT BURGER 1170 WEST BRANCH STREET This approval authorizes the following: 1) divide an existing 7.25 acre parcel into a 0.88 acre parcel (subject parcel) and a 6.37 acre parcel, 2) dismantle the former Sizzler restaurant building and 3) construct a new drive through fast food restaurant (totaling 3,265 square feet of building area, 1,990 square feet accessible by the public), sign installation, landscaping and parking lot improvements. COMMUNITY DEVELOPMENT DEPARTMENT General Conditions 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit No. 09-005, Tentative Parcel Map 09-002 and Planned Sign Program 09- 002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 15, 2009 and marked Attachment 1. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, 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. BUILDING DIVISION AND FIRE DEPARMENT 5. Provide fire sprinklers per NFPA 13 standards. 6. Comply with the latest adopted California Codes. 7. Obtain County of San Luis Obispo Health Department approval. RESOLUTION NO. 09-2095 PAGE 7 PUBLIC WORKS DIVISION The conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. GENERAL CONDITIONS 8. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development. 9. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Community Development. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS 10. All project improvements shall. be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 11. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 12. Landscape and irrigation plans shall be approved by the Community Development and Parks and Recreation Departments. WATER 13. Provide annual water-consumption calculations for the new facilities. 14. The applicant shall mitigate all estimated increase in water demand created by the project through participation in the City water neutralization program and payment of an in-lieu fee (See Mitigation Measures VIII-1 and XVI-1). 15. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. RESOLUTION NO. 09-2095 PAGE 8 16. Fire sprinklers shall have individual service connections. A fire sprinkler engineer shall determine the size of the water meters. 17. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 18. Any on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 10 feet wide easement. PUBLIC UTILITIES 19. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 20. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Community Development Director for approval. 21. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 22.Obtain approval from the Community Development Director prior to excavating in any street. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 23. All street repairs shall be constructed to City standards. GRADING 24. Perform all grading in conformance with the City Grading Ordinance. 25. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 26. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. DRAINAGE 27. All drainage facilities shall be designed to accommodate a 100-year storm flow and comply with the City's Storm Water Management Plan and interim hydromodification requirements. RESOLUTION NO. 09-2095 PAGE 9 n � I � 28. All drainage facilities shall be in accordance with the Drainage Master Plan. DEDICATIONS AND EASEMENTS 29. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. PERMITS 30. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 31. Obtain a grading permit prior to commencement of any grading operations on site. FEES 32. Pay all required City fees at the time they are due. 33. Applicable fees to be paid prior to plan approval. Fees may include: a. Map check fee b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 34.Inspection Agreemen shall enter into an improvements. t: Prior to approval of an improvement plan, the applicant agreement with the City for inspection of any required 35. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of any improvements required. The subdivision agreement shall be on a form acceptable to the City. 36. Covenants, Conditions, and Restrictions as required by the City. RESOLUTION NO. 09-2095 PAGE 10 IMPROVEMENT SECURITIES 37. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 38. Submit an engineer's estimate of quantities for public improvements, if any, for review by the Community Development Director. 39. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, if any. b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements, if any. c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements, if any. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Community Development Director a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 40. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 41. Preliminary Title Report: A current preliminary title report shall be submitted to the Community Development Director prior to checking the map. 42. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Community Development Director with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 43. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 44. All utilities shall be operational. RESOLUTION NO. 09-2095 PAGE 11 45. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Community Development Director. MITIGATION MEASURES SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT SPECIFIC COMMENTS The SLO County APCD supports Smart Growth principles that reduce dependency on vehicle use and promote transit oriented design such as compact, mixed-use developments within urban reserve lines (URL). This type of development allows residents to work, shop, and recreate within the community that they live thus reducing vehicle dependency and emissions. Mobile sources account for over 50% of our county's air pollution. While the proposed In-N-Out Burger with drive-through restaurant is technically infill within the Arroyo Grande URL, drive through facilities expand vehicle dependency, increase the use of fossil fuel and the associated greenhouse gas emissions, and are contrary to Smart Growth principles. The APCD does not support drive-throuqh facilities. Should this project move forward, the followinq mitiqation measures need to be implemented. Prior to the start of construction, the applicant shall implement the following mitigation measures to the satisfaction of the San Luis Obispo County Air Pollution Control District (APCD): [Note: All mitigation measures created by SLO County APCD will be monitored by SLO County APCD and reported to the Director of Community Development to assure completion. Unless noted otherwise, all conditions must be completed prior to occupancy. Any changes to the APCD mitigation measures or project changes that result from the mitigation measures must be approved by the Director of Community Development.] MM III-1: Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. MM III-2 Comply with APCD requirements related to utility pipelines and or building(s) to be removed or renovated during this project including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M- asbestos NESHAP). MM III-3 Comply with APCD requirements related to portable equipment used during RESOLUTION NO. 09-2095 PAGE 12 construction activities. To minimize potential delays, prior to the start of the project, please contact the APCD Engineering Division at (805) 781-5912 for specific information regarding permitting requirements. MM III-4 Comply with all APCD regulations pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans noted shall list the following regulations: a. Reduce the amount of the disturbed area where possible, b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be used whenever possible, c. All dirt stock pile areas should be sprayed daily as needed, d. 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, e. 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, f. 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, g. 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, h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site, i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114, j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. All PM� mitigation measures required should be shown on grading and building plans. In addition, the contractor or builder should designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. RESOLUTION NO. 09-2095 PAGE 13 MM III-5 Comply with all APCD required measures, applicable Standard Mitigation Measures and Additional Mitigation Measures listed below. Other measures may be proposed as replacements by contacting the APCD's Planning Division at 781-5912. APCD required measures for this project (Include all measures from the following list) • Provide more pedestrian and bike friendly access to restaurant. One bicycle parking space for every 10 car parking spaces is considered appropriate. Review pedestrian and bicycle traffic patterns in the shopping center and tie walkway and bike paths for the In-N-Out project to existing walkways and bike paths. Increase the quality of existing bicycle routes/lanes or add bicycle routes/lanes which access the project. Submitted plans show a planter with trees and shrubs on the southeast side of the project. APCD recommends adding a pedestrian walkway and bicycle path along the planter area on the southeast side of project. A bicycle rack or locker located in this area would also encourage the use of bicycles to the facility from nearby residential areas. Ensure that pedestrian crossings across the drive thru lane have a stop sign and are well marked and lighted to promote pedestrian safety. Connect pedestrian walkway to the sidewalk on Branch Avenue to encourage pedestrian traffic into the restaurant from nearby residential areas and other stores. • Reconsider the traffic pattern for project. Current plans indicate the potential for traffic congestion in and out of the parking area, which will increase emissions. Implement on-site circulation design elements in parking lots to reduce vehicle queuing and improve the pedestrian environment with designated walkways. Provide pedestrian signalization and signage to improve pedestrian safety. Standard Measures (Include all standard mitiqation measures below) • Provide preferential carpool and vanpool parking spaces. Additional Measures Site Desiqn Mitiqation for this Commercial Proiect • Increase shade tree planting in parking lots controlled by In-N-Out to reduce evaporative emissions from parked vehicles. Transportation Demand Mitiaation • Provide incentives to employees to carpool, take public transportation, walk, and bike by implementing the Transportation Choices Program. The applicant should Contact SLO Regional Rideshare at 541-2277 to receive free consulting services on how to start and maintain a program. • Provide Transportation Choices Program information centers on alternative transportation modes at the site (i.e. a transportation kiosk). Contact SLO Regional Rideshare for appropriate materials at 541-2277. • Employ or appoint an Employee Transportation Coordinator. • Implement an APCD approved Trip Reduction Program. • Implement compressed work schedules. RESOLUTION NO. 09-2095 PAGE 14 • Participate in an employee "flash pass" program, which provides free travel on transit buses. Enerqy Efficiency Measures • Use roof material with a solar reflectance value meeting the EPA/DOE Energy StarO rating to reduce summer cooling needs. • Use energy efficient appliances, where applicable. • Use double-paned windows. • Use metal halide lights to match the existing center. • Use energy efficient interior lighting. • Install door sweeps or weather stripping if more energy efficient doors and windows are not available. • Install high efficiency space heating and cooling. Upon implementation of the mitigation measures, if the total operation emissions remain above the APCD's Tier II threshold, offsite mitigation funding is required to bring this impact to a level of insignificance. The current mitigation rate is $16,000 per multi- pollutant ton over the APCD thresholds, evaluated over the life of the project. The idling emissions and emissions credits due to the mitigation measures have not been quantified by the APCD. The project proponent should determine net project emissions impact (in multi-tons/year in excess over a 30 year project life). This quantification is subject to APCD approval. MM III-6 Comply with all APCD required measures to minimize project related GHG impacts. • Implement green building techniques such as: o Building positioning and engineering that eliminate or minimize the development's active heating and cooling needs; o Plant native, drought resistant landscaping; o Use locally or nearby produced building materials; o Use renewable or reclaimed building materials; and o Include teleconferencing capabilities, such as web cams or satellite linkage, which will allow employees to attend meetings remotely without requiring them to travel out of the area. COMMUNITY DEVELOPMENT DEPARTMENT MM VIII-1: Prior to construction, the applicant shall submit detailed calculations showing the total estimated water demand of the project based on implementation of specific on-site water-saving strategies such as ultra low-flow fixtures, waterless urinals, conversion of turf areas to drought tolerant landscaping, utilization of graywater systems, etc. MM XV -1: Prior to occupancy, the applicant shall re-strip an extension of the left turn lane into the north driveway as recommended by the Traffic Impact Analysis to RESOLUTION NO. 09-2095 PAGE 15 the satisfaction of the Director of Community Development. MM XV -2: Prior to occupancy, the applicant shall install on site, to the satisfaction of the Director of Community Development, parking lot signs directing travelers to appropriate exits to reach the northbound and southbound onramps of Highway 101. MM XV-4: Prior to occupancy, the applicant shall install hardscape and landscaping improvements on the movie theatre property to decrease mid block crossing of pedestrians from the theater to the IN-N-Out across Town Center Drive to the satisfaction of the Director of Community Development as allowed by the movie theater owner. MM XV-5: Prior to occupancy, the applicant shall repaint the cross walk in the public right of way, across Town Center Drive at West Branch Street to the satisfaction of the Director of Community Development. MM XVI -1: Prior to occupancy, The applicant shall offset the estimated water demand of the project by either: 1. Implementing an off-site water neutralization program for any facility or property served by the City that reduces water use by an equivalent (or greater) number of acre-feet per year as estimated project demand; or 2. Payment of a water neutralization fee (currently 55,995/acre-foot) to offset estimated project demand through funding of various water conservation programs administered by the City (cash for grass, appliance rebates, etc). PLANNING COMMISSION CONDITIONS OF APPROVAL PC-1. Prior to issuance of building permits, the applicant shall provide four disabled parking spaces to the satisfaction of the Community Development Director. PC-2. Prior to issuance of building permits, the applicant shall revise the site plan to eliminate the RV parking spaces and substitute automobile parking spaces. PC-3 Prior to issuance of building permits, the applicant shall submit a revised landscaping plan indicating: 1) tree species to be substituted for trees that have a history of poor growth in the area, and 2) provide additional trees on the West Branch Street frontage. The applicant shall meet with representatives of the Tree Guild of Arroyo Grande for suggested species. Final� landscape plans shall be to the satisfaction of the Director of Community Development and the Director of Recreation and Facilities and include direction to over excavate the areas designated for tree planting. RESOLUTION NO. 09-2095 PAGE 16 PC-4 No monument sign shall be installed. PC-5 No LED lighting shall be installed on the building. PC-6 The applicant shall dismantle the sizzler building in a fashion to recycle large timbers and other similar reusable building materials in accordance with Municipal Code Section 8.32.200 - Mandatory recycling of construction and demolition debris.