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PC R 13-2187RESOLUTION NO. 13 -2187 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT NO. 13 -003, APPLIED FOR BY EVERYDAY CHURCH, LOCATED AT 1052 E. GRAND AVENUE WHEREAS, on May 2, 2006 the Planning Commission of the City of Arroyo Grande adopted Resolution, No. 06 -2000 to approve Conditional Use, Permit No. 02 -003 for Five Cities Vineyard Church to establish an approximately 5,100 square -foot church facility inside .a commercial building; and WHEREAS, the Planning Commission has considered Amended Conditional Use Permit No. 13 -003, filed by Everyday Church, to expand the existing church facility into a vacant commercial space and increase, the area of use to approximately 9;600 square -feet with 300 fixed -seats for worship; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City 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) and has determined that the project is categorically exempt pursuant to Section 15301 of the CEQA Guidelines; 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 conditionally permitted within the subject district pursuant to the provisions of Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located. The expansion of the church facility will occur within an existing commercial building that is currently vacant and the exterior modifications will help adapt.the building to the new use. ' 3. The site is suitable for the type and intensity of use or ,development that is proposed The existing church facility has operated successfully in the commercial space and the expanded' "use is anticipated to operate•successfully as well. RESOLUTION NO. 13 -2187 JUNE 18, 2013 PAGE 2 4. There are adequate provisions for public utilities and services to ensure the public health.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 expanded church facility will not have a significant impact on the circulation system and will not generate odor, smoke, or any other adverse impacts on adjacent land uses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Conditional Use Permit No. 13 -003„ 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 Keen, seconded by Commissioner Sperow, and by the following voice vote: AYES: Keen, Sperow, Ruth NOES: None ABSENT: Barneich, Martin the foregoing Resolution was adopted this 18`h day of June 2013. ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: T ESA MCCLISH IRECTOk OF COMMUNITY DEVELOPMENT FLETH S. RUTH, CHAIR 1 RESOLUTION NO. 13 -2187 JUNE 1'8, 2013 PAGE 3 ' EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE.PERMIT NO. 13 -003 EVERYDAY CHURCH 1052 E. GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS This approval amends Conditional Use Permit (CUP) No. 02 -003 to expand an existing church facility in a commercial building from approximately 5,100 square-,feet to approximately 9,600, square -feet with a maximum of 300 seats to be used during worship services. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. ' 2. All conditions of approval for Conditional Use Permit 02' 003, as amended herein, shall remain in full force and effect, as indicated in Planning Commission Resolution No. 06 -2000 approved May 2, 2006. 3. The applicant shall comply with all conditions of approval'for Amended Conditional Use Permit No. 13 -003. 4. This application shall automatically expire on June 18, 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. 5. Development shall occur in substantial conformance with the plans presented to the Planning Commission at'the meeting of June 18, 2013. 6. 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. RESOLUTION NO. 1'3 -2187 JUNE 18, 2013 PAGE 4 7. Development shall conform to the ,Fair Oaks Mixed -Use (FOMU) zoning I requirements except as otherwise approved. 8. Signage.shall be subject to the requirements of Development Code Chapter 16.60. BUILDING DIVISION 9. The projectrshall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. 10. Any review costs generated by outside consultants shall be paid by the applicant'. 11. Building permit fees shall be based on codes and rates in effect, at the time of building permit issuance. 12. Building permits are required for the occupancy change. PRIOR TO OCCUPANCY 13. The building must be adequately fire sprinklered for the change of occupancy: PUBLIC WORKS DEPARTMENT ' GENERAL CONDITIONS 14. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 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. 16. The developer 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 developer shall reimburse 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 RESOLUTION NO_. 13 -2187 JUNE 18, 2013 PAGE 5 ' expense in the defense of any such action but such participation shall not relieve the developer of his obligations under this condition. 17. PRIOR TO ISSUANCE OF A GRADING PERMIT„ THE DEVELOPER shall submit two (2) copies of the final project- specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. IMPROVEMENT PLANS 18.. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 19. Submit three (3) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 20. Submit as -built plans at the completion of'the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. ' 21. 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: 22. 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. 23. Improvement plans shall include plan and profile of existing and proposed streets, ' utilities and retaining walls. 24. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Public Works Director RESOLUTION NO. 13 -2187 JUNE 18, 2013 PAGE 6 WATER , 25. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 26. The new building shall be fire sprinkled, a fire sprinkler engineer-shall determine the size of the water meters. 27. Building shall have a backflow device installed per City Standards. 28. Existing utilities to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director, if any. 29. 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 Parks, Recreation and Maintenance 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 for each new residential unit. SEWER 30_. All sewer laterals within the public right of way must have a minimum slope of 2 %. PUBLIC UTILITIES 31. Underground all existing and new overhead public utilities on -site and in the street in accordance with Section 16.68.050 of the Development Code. STREETS 32 Obtain approval from the Public Works Director 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. 33. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 34. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance ' by the City may be required as directed by the Public Works Director 35. Remove and replace asphalt in the, parking lot at specific locations that has been RESOLUTION NO. 13 -2187 JUNE 18, 2013 PAGE' 7 ' raised by tree roots. Root prune prior to repaving., CURB, GUTTER AND SIDEWALK 36. Utilize saw cutsJor all repairs made, in curb, gutter „and sidewalk. 37. Install ADA compliant facilities where necessary in the public Right of Way. The driveway approaches on Linda Drive shall be brought up to the City and State standards. 38. Install tree wells for all trees, on -site and off -site, planted adjacent to curb, gutter and sidewalk to-prevent damagetdue to root growth. 39. Install new concrete curb, gutter, and sidewalk as directed by the Public Works Director. Remove existing section of damaged sidewalk on the Linda Drive frontage of the property as directed by the Public Works Director. Replace the sidewalk section per City Standard. 40. Install new commercial driveway at Linda Drive as directed by the Public Works I Director. GRADING 41,. Perform all grading in conformance with .the City Grading Ordinance. 42. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards, if any walls are proposed. DRAINAGE 43. All on -site and off -site drainage facilities shall be designed to accommodate a 100 - year storm flow: 44. The project shall comply with the Low Impact Development requirements from the Regional Water Board. DEDICATIONS AND EASEMENTS, 45. 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, if any easements are propose or-abandoned. RESOLUTION NO. 13 -2187 JUNE 18, 2013 PAGE 8 PERMITS ' 46. 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. 47. Obtain a grading permit prior to commencement of any grading operations on site. FEES 48. Pay all required City fees at.the time they are due. 49. 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. 50. Impact fees to specific capital improvement projects as determined by the Community Development Director. AGREEMENTS 51. 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. IMPROVEMENT SECURITIES 52. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 53. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 54. 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, RESOLUTION NO: 13 -2187 JUNE 18, 2013 PAGE 9 ' b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements C. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond, is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting surrey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public, Works a letter assuring that all monumentation has been set. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 55. All utilities shall be operational. 561 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. 57'. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. 1