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PC R 13-2178WHEREAS, NKT Development ( "the developer ") has filed Conditional Use Permit 13 -001 to develop a 3,850 square -foot Panera Bread restaurant with drive - through on 0.47 acres; 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 the draft Mitigated Negative Declaration; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed and considered the project at a duly noticed public hearing on March 19, 2013; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 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. The project site was previously approved for a 6,000 square -foot restaurant and the proposed restaurant use is consistent with the original approval. The inclusion of a drive - through as part of the restaurant use requires a conditional use permit, the approval of which ensures the use is consistent with the goals and objectives of the Arroyo Grande General Plan and the development policies and standards of the City. 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 drive - through restaurant is located on a site accessed from both West Branch Street and Highway 101 via Camino Mercado, The 3,850 square -foot restaurant will be complementary to the existing 104 - room hotel directly adjacent to the property. The 3,850 square -foot restaurant is substantially smaller than the previously approved 6,000 RESOLUTION NO. 13-211 MARCH 19,2013 PAGE 2 of 12 square -foot restaurant and would not impair the integrity and character of the district. 3. The site is suitable for the type and intensity of use or development that is proposed. The 3,850 square -foot restaurant is proposed to be developed on a 0.47 - acre site and is physically suitable for the proposed density of development due to previous development of needed amenities such as shared access and parking facilities with the existing 104 -room hotel on the adjacent site. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. Adequate capacity for water, sanitation and public utilities and services exist to serve the project; therefore, public health and safety will not be impacted. 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. Impacts associated with the proposed use have been adequately mitigated to ensure the use will not be detrimental to the public health, safety or welfare nor would it be materially injurious to properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council approve Conditional Use Permit 13- 001 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 Barneich, seconded by Commissioner Martin, and by the following roll call vote, to wit: AYES: Barneich, Martin, Keen, Sperow, Ruth NOES: None ABSENT: None the foregoing Resolution was adopted this 19th day of March, 2013. RESOLUTION NO. 13-211 MARCH 19,2013 PAGE 3 of 12 F-1,1111*11F DEBBIE WEICHINGER, SECRETARY TO THE COMMISSION &yk- ELIZABETH S. RUTH, CHAIR RESOLUTION • MARCH 1 P4GE 4 of 12 CONDITIONS • APPROVAL CONDITIONAL USE PERMIT 1311 BRANCH 1400 WEST This approval authorizes the construction of a 3,850 square -foot drive - through restaurant on 0.47 acres, of which 2,500 square -feet is accessible by the public. PLANNING DIVISON CONDITIONS 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 13 -001. 3. This application shall automatically expire on March 26, 2015 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 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 any way 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 fees 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. Development shall conform to the Planned Development 1.1 (PD 1.1) zoning district standards except as otherwise approved. 6. All conditions of approval for the project shall be included in construction drawings. SPECIAL CONDITIONS: 7. Prior to issuance of a grading or building permit, whichever occurs first, the applicant shall provide a copy of a recorded reciprocal access and parking agreement between the subject property and the adjacent hotel property (Hampton Inn and Suites). 8. Any signage shall be subject to review and approval under a separate submittal according to the provisions of Arroyo Grande Municipal Code Chapter 16.60. RESOLUTION NO. 13 -2178 MARCH 19, 2013 PAGE 5 of 12 9. Any modification to the conceptual plans that is determined not to be in substantial conformance shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. 10. A Holly Oak (Quercos Ilex) shall be installed near the northwest corner of the project site, as indicated on the landscape plan. 11. At least two of the three trees adjacent to the south elevation of the proposed building on the landscape plan shall be Fruitless Olive trees (Olea europea). 12. Two Arbutus 'Marina' trees shall be installed below the lowest retaining wall, as indicated on the landscape plan. 13. A Cajeput Tree (Melaluca quinquinervia) shall be installed to the east of the drive- through entrance, as indicated on the landscape plan. 14. A smooth plaster finish shall be placed on the two block retaining walls and the storage area screening wall at the rear of the building. ENGINEERING DIVISION: GENERAL CONDITIONS 15. 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 Community Development Director. 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 16. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 17. Submit three (3) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 18. Submit as -built plans at the completion of the project or improvements as directed RESOLUTION O MARCH of by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 19. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Community Development 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 Community Development Director. 20. 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 including existing and proposed drainage easements. 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. g. Show right -of -way both for W. Branch and Camino Mercado. 21. Improvement plans shall include plan and profile of existing and proposed utilities and retaining walls. 22. Provide retaining wall calculations. Calculations shall be signed and certified by a licensed professional engineer. 23. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development, Public Works, and Recreation Departments. In addition, the Community Development Director shall approve any landscaping or irrigation within a public right -of -way or otherwise to be maintained by the City. 24. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. RESOLUTION NO. 13 -2178 MARCH 19, 2013 PAGE 7 of 12 25. 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, 26. Existing water service and sewer lateral to be abandoned, if required, shall be properly abandoned and capped at the main in accordance with City Standards and the requirements of the Director of Public Works. 27. Buildings required to use automatic fire sprinkler systems shall have individual service connections. A fire sprinkler engineer shall determine the size of the fire services needed for each building. 28. A separate meter is required to serve the site landscaping. The size of the meter is to be determined by a registered professional engineer or architect. SEWER 29. All sewer laterals within the public right -of -way or easement must have a minimum slope of 2 %. 30. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. LANDSCAPING 31. Trees shall be planted a minimum of 10 feet behind the edge of the sidewalk. 32. All hill slopes to be vegetated with ground cover and adequate erosion control. 33. No Jacaranda Acutifolia to be planted adjacent to City Right of Way. 34. No trees or shrubs to be planted in the Sight Distance Triangle. Low ground cover only. PUBLIC UTILITIES 35. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 36. Underground improvements shall be installed prior to street paving. RESOLUTION NO. 13-217LT VIARCH 19, 2013 37. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RTRFFTR 38. Obtain approval from the Director of Public Works prior to excavating in any street recently over -laid or slurry sealed. 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. 39. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 40. All street repairs shall be constructed to City standards. CURB GUTTER AND SIDEWALK 41. Install ADA compliant facilities where necessary. ADA ramps on Camino Mercado will be required to be brought up to City and State requirements or verify that ramps are already in compliance with City and State requirements. 42. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. C;RAnimr, 43. Perform all grading in conformance with the City Grading Ordinance. 44. 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. 45. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 46. The floor of the trash enclosure shall slope to the back of the enclosure so as not to allow storm water to be released to the parking lot and shall be provided with a drain inlet connected to the grease interceptor or to a landscape area for filtration. DRAINAGE 47. All drainage facilities shall be designed to accommodate a 100 -year storm flow. Verify that existing drainage facilities are large enough to accommodate additional flow. RESOLUTION NO. 13 ®2178 MARCH 19, 2013 PAGE 9 of 12 48. All drainage facilities shall be in accordance with the Drainage Master Plan. 49. The Regional Water Quality Control Board has established a goal of elimination of all runoff from new development or redeveloped properties. The City, as well as SLO County and the other cities in the county, is now participating in a joint study that will better define how, or to what extent, that can be accomplished. At the completion of the studies there will be a set of guidelines and hydromodification regulations. Low Impact Development (LID) will be the standard. Currently the City is utilizing Interim Guidelines that include a calculation by the applicant of the additional stormwater runoff that will be generated by their project. With that information the applicant will develop a plan for handling on -site drainage including a determination of how much runoff it may be possible to percolate, or store for irrigation purposes, or otherwise use on site. Stormwater runoff that cannot be retained on site for percolation or use must be treated through the use of bioswales and then directed into the appropriate drainage system described in the Drainage Master Plan. This project will be required to include one LID measurement. 50. Storm drain inlets, both public and private, will be required to be stenciled with the warning: "Drains to Creek" or other appropriate advice as directed by the City. 51. Provide drainage calculations for both onsite and offsite proposed improvements PERMITS 52. 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. 53. Obtain a grading permit prior to commencement of any grading operations on site. FEES 54. Pay all required City fees at the time they are due. 55. Fees to be paid prior to plan approval: a. Map check fee for lot merger. 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. RESOLUTION NO. MARCH PAGE 10 of 12 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. 56. Impact fees to specific capital improvement projects as determined by the Community Development Director. PROCEDURE FOR PROTESTING FEES DEDICATIONS RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of this development occurs, for the purposes of this section, when the conditional use permit is approved or conditionally approved or when the lot merger is recorded. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific RESOLUTION NO. 13-217LI, MARCH 19,2013 R4G E 11 of 12 development. AGREEMENTS 57. 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. 58. Improvement Agreement: The subdivider shall enter into an improvement agreement for the completion and guarantee of improvements required. The improvement agreement shall be on a form acceptable to the City. IMPROVEMENT SECURITIES 59. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 60. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 61. 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 public improvements, b. Labor and Materials: 50% of the approved estimated cost of all public improvements C. One Year Guarantee: 10% of the approved estimated cost of all public improvements. This bond is required prior to acceptance of the subdivision improvements. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 62. All utilities shall be operational. 63. 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. 64. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. RESOLUTION NO. 13 -2178 (MARCH 19, 2013 PAGE 12 of 12 BUILDING DIVISION: 65. All buildings shall comply with the latest adopted California Codes. 66. The applicant shall pay all applicable development impact fees prior to the issuance of a building permit. PLANNING COMMISSION: 67. Final signage, landscaping, and exterior lighting details shall return to the Planning Commission for approval. 68. Additional landscaping treatment shall be included at the gateway corner of West Branch Street and Camino Mercado to help screen utilities near that location on the site. 69. The existing retaining wall drop -off shall be investigated by the engineer for safety. 70. Investigate removal of up to two parking spaces for the addition of a pedestrian connection from the second -tier parking area to the restaurant entrance. Feasibility shall be determined by the Community Development Director.