Loading...
PC R 06-1989RESOLUTION NO. 06-1989 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 05-012; APPLIED FOR BY SHARON F. BILLION, M.D. TRUST; LOCATED AT 210 TRAFFIC WAY; WHEREAS, the applicant has filed Conditional Use Permit 05-012 to build a four-unit office building on the rear portion of the parcel located at 210 Traffic Way; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 05-012 at a public hearing on January 3, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under Section 15303 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in an affirmative manner: 1. The proposed use is permitted within the Village Mixed Use zone pursuant with all the applicable provisions of the Municipal Code, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the city. Professional office uses are allowed in the Village Mixed Use zone per Municipal Code Table 16.36.030(A). The project complies with all design standards as stated in Municipal Code Table 16.36.020(D). The project complies with the Design Guidelines and Standards for Historic Districts including intended uses, existing character, materials, building sca/e and form, site design, pedestrian circulation and parking. The project is consistent with General Plan policy LU-5-2. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The proposed project is consistent with the size, scale and character of the surrounding buildings as evaluated by the design standards of the Municipal Code and the Design Guidelines and Standards for Historic Districts. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the proposed projecf due to its location in a predominately urban area and due to the fact that all necessary easements, circulation, parking and setbacks are provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. RESOLUTION NO. 06-1989 CUP 05-012 PAGE 2 The public health and safety related to water, sanitation and public utilities and services is ensured due to existing infrastructure serving the site and by required improvements provided in the conditions of approval. 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 due to compliance with the Municipal Code and the Design Guidelines and Standards for Historic Districts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 05-012, 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 Parker, seconded by Commissioner Tait, and by the following roll call vote, to wit: AYES: Commissioners Parker, Tait, Fellows, Ray and Chair Brown NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of February, 2006. RESOLUTION fVO. 06-1989 CUP 05-012 PAGE 3 ATTEST: �� LYN REARDON-SMITH, TIM BROWN, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: ROB S RONG, COMMUNITY DEVEL MENT DIRECTOR � � RESOLUTION NO. 06-1989 CUP 05-012 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-012 210 TRAFFIC WAY •►�►� . � � •�ii ► � '_: ►i ► � GENERAL CONDITIONS This approval authorizes a two story, four unit, 1,922 square foot office building to be located to the rear of 210 Traffic Way, subject to the conditions below: 1 2 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit 05-012. 3. 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. 4. Development shall conform to the Village Mixed-Use (VMU) zoning requirements. : .. �.. : . -�: �� ► � BUILDING CODES 5. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 6. Provide complete requirements. compliance with State and Federal disabled access FIRE LANES 7. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 8. Project shall have a fire flow based on the California Fire Code appendix III-A. RESOLUTION NO. 06-1989 CUP 05-012 PAGE 5 9. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SECURITY KEY BOX 10. Prior to Occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLERS 11. Prior to Occupancy, all new buildings must be fully sprinklered per Building and Fire Department guidelines. The fire department connection and double detector check valve shall be designed and located in a manner that ensures safe function per the Fire Chief and Director of Public Works and is aesthetically suitable to the Community Development Director. 12. Pro.vide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ABANDONMENT/NON-CONFORMING 13. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. OTHER APPROVALS 14. Any review costs generated by outside consultants, shall be paid by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 15. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 16 17 18 19 20 Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, as required by the area drainage plan for the area being developed. RESOLUTION NO. 06-1989 CUP 05-012 PAG E 6 21. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 22. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 23. 24. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. ' � • : . � ' • : ►i ► SPECIAL CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to issuance of a building permit, unless specifically noted otherwise. 25. Upgrade the fire hydrant in front of 202 Traffic Way to City standards, 26. The applicant shall handle storm water runoff by either: ➢ Filter the storm water prior to discharging to the street and paying one third (1/3) the cost of replacing the existing drop inlet; or, ➢ Replace the existing drop inlet in front of 202 Traffic Way and install a fossil filter insert. The applicant may establish a reimbursement agreement and divide the cost among future development projects along Traffic Way. 27. The applicant shall install an under sidewalk drain to discharge the proposed drain line in lieu of installing the pipe through the curb. 28. Remove and replace any damaged or broken curb and gutter within the project frontage to curb and gutter meeting current City standards. 29 30 31 Remove and replace any damaged or broken sidewalk within the project frontage with sidewalk meeting current City standards. The applicant shall provide sufficient proof that the new building is able to connect to the existing sewer lateral or provide a separate sewer lateral. The applicant shall supply water service to the new building by either: ➢ Installing a separate meter; or, ➢ Upgrading the existing meter for joint use as necessary. 32. Utility connections and installations shall be adjusted to meet current State Health Code requirements. 33. The applicant shall grind and overlay Traffic Way to the satisfaction of the RESOLUTION NO. 06-1989 CUP 05-012 PAGE 7 Director of Public Works to avoid individual trench patches. PUBLIC WORKS DEPARTMENT standard CONDITIONS GENERAL CONDITIONS 34. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Public Works. 35. Perform construction activities during normal business hours (Monday through Friday, 8 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 Public Works. 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 36 37 All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 38. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 39. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works. 40. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. 41. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 42. 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. RESOLUTION NO. 06-1989 CUP 05-012 PAGE 8 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. WATER 43 44 45 Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. SEWER 46 47 48 49 All sewer laterals within the public right of way must have a minimum slope of 2%. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to issuance of the building permit. PUBLIC UTILITIES 50. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 51. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. All utility company shall sign the improvement plans prior to final submittal. 52. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RESOLUTION NO. 06-1989 CUP 05-012 PAGE 9 STREETS 53 54 55 All street repairs shall be constructed in accordance with the City Street cut policy. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. CURB, GUTTER, AND SIDEWALK 56. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 57. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 58. PerForm all grading in conformance with the City Grading Ordinance. 59. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 60. All drainage facilities shall be designed to accommodate a 100-year storm flow. 61. All drainage facilities shall be in accordance with the Drainage Master Plan. DEDICATIONS AND EASEMENTS 62. 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 p'rocessing. 63. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. 64. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. RESOLUTION NO. 06-1989 CUP 05-012 PAGE 10 PERMITS 65. 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. 66. Obtain a grading permit prior to commencement of any grading operations on site. FEES 67. Pay all required City fees at the time they are due. 68. Fees to be paid prior to plan approval: a. Plan check for grading plans based on an approved earthwork estimate. b. Plan check for improvement plans based on an approved construction cost estimate. c. Permit Fee for grading plans based on an approved earthwork estimate. d. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 69. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 70. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. IMPROVEMENT SECURITIES 71 72 73 All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: of the approved estimated cost of all of the approved estimated cost of all c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the a. Faithful Performance: 100% subdivision improvements, b. Labor and Materials: 50% subdivision improvements RESOLUTION NO. 06-1989 CUP 05-012 PAGE 11 subdivision improvements. OTHER DOCUMENTATION 74. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the plans. Prior to issuing a buildina n� e� 75. The improvement plans shall be approved with all pertinent conditions of approval satisfied. Prior to icc�ing a certificate of occ��t 76. All utilities shall be operational. Planning Commission 77. The final landscape plan shall be reviewed by the Architectural Review Committee to ensure that their recommendations have been adequately addressed.