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R 3377 -_.-.- RESOLUTION NO. 3377 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE ADMINISTRATIVE SERVICES DIRECTOR TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT 98-572, APPLIED FOR BY RUSS SHEPPEL, LOCATED AT OAK PARK BOULEVARD AND JAMES WAY WHEREAS, the Planning Commission of the City of Arroyo Grande has approved PC Resolution No. 99-1699 recommending that the City Council adopt the Negative Declaration prepared for this project and approve Conditional Use Permit 98-572; and WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit 98-572, filed by Russ Sheppel, to construct an 11,335 square foot office building at the southeast corner of Oak Park Boulevard and James Way in the Oak Park Health Plaza; and WHEREAS, the City Council has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council has found this project to be consistent with the General Plan and the environmental documents associated therewith; and - WHEREAS, the City Council has reviewed the Final Negative Declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to CEQA; and WHEREAS, the City Council 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 Section 9-03.050 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. 3. The site is suitable for the type and intensity of use or development that is proposed. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. -----~..__.~....._- RESOLUTION NO. 3377 PAGE 2 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. 6. The revised master plan is a conceptual planning tool and is not an entitlement for future development. Future proposed buildings on Parcel 3, Arroyo Grande 95-108, Parcel 3 Arroyo Grande 82-035, or Parcel A Arroyo Grande 79-038 must receive required review and approval and must satisfy parking and other Development Code requirements. California Environmental Quality Act and Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 1 5063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 98-567. 2. Based on the initial study, a negative declaration was drafted for public review. The City Council has considered the Negative Declaration together with any comments received and considered during the public review process. The Negative Declaration reflects the independent judgment of the City Council. 3. The City Council finds that through feasible conditions placed upon this project, the significant impacts on the environment have been eliminated or substantially mitigated to a level of insignificance. 4. The documents and other materials which constitute the records . of proceedings upon which this decision is based are in the custody of the Secretary of the City of Arroyo Grande City Council, City Hall, 214 E. Branch St., Arroyo Grande, California. 5. Public Resources Code Section 21081.6 requires the City to adopt a reporting or monitoring program for the changes to the project it has adopted or made a condition of approval in order to mitigate or avoid significant effects of the approval, . and such changes, with their corresponding permit monitoring requirements, are hereby adopted as the monitoring program for the project. The monitoring program is designed to ensure compliance during project implementation. 6. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the City Council considered the Negative Declaration and found that there is no substantial evidence of any significant adverse environmental effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upoh which the wildlife depends as a result of development of this project. ._'~~"..__._- -.--. -------.---------.- --- I RESOLUTION NO. 3377 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Administrative Services Director to file a Notice of Determination, approves Conditional Use Permit 98-572, 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 Council Member Tolley, seconded by Council Member Runels, and by the following roll call vote, to wit: AYES: Council Members Tolley, Runels, Dickens, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was adopted this 13th day of July 1999. - - ------ __~.__.._...'m~ RESOLUTION NO. 3377 PAGE 4 -d2t1l MICHAEL A. LADY, M;(!f; ATTEST: , fttffi-L- DMINISTRA TIVE SERVICES DIRECTORI DEPUTY CITY CLERK APPROVED AS TO CONTENT: '7CD~L. ~ ROBERT L. HUNT, CITY MANAGER - APPROVED AS TO FORM: RESOLUTION NO. 3377 PAGE 5 EXHIBIT IIA" CONDITIONS OF APPROVAL SHEPPEl OFFICE BUILDING; CUP 98-572 Corner of Oak Park Boulevard and James Way COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 11 ,335 square foot office building, with approved landscaping and 30 parking spaces, and subject to the following conditions of approval: 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 Case No. CUP- 572, and the site shall be developed as depicted in the revised Master Plan for the Oak Park Health Plaza dated June 25, 1999. - 3. This application shall automatically expire on July 13, 2001 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. Two years after the issuance of building permits, the Conditional Use Permit shall be reviewed by the Community Development Director for determination of whether adequate parking has been provided pursuant t6 the Master Plan for the Oak Park Health Plaza. A public hearing and review by the Planning Commission may, at the discretion of the Community Development Director, be required to review potential concerns. In such event, the applicant shall submit funds to cover the cost of the public hearing and a current mailing list of property owners (and occupants) within 300 feet of the project. 5. Development shall occur in substantial conformance with the plans presented marked Exhibit "8", approved July 13, 1999. Prior to the issuance of a building permit, applicant shall file Reciprocal Easements for access parking and drainage acceptable to the Community Development Director. 6. The applicant shall agree to defend at his/her sole expense any action brought RESOLUTION NO. 3377 PAGE 6 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 hislher obligations under this condition. 7. Development shall conform to PD 1.1 (Oak Park Acres Planned Deve!opment) zoning requirements except as otherwise approved. CONDITIONS IN ENVIRONMENT AL DOCUMENT 8. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Applicant shall follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement. damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the later morning and after work is completed for the day, and whenever winds exceed 1 5 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 9. The contractor or builder shall designate a person or persons to monitor the dust control program and order increased watering as necessary to p~event transport of dust off-site. Their duties shall include holiday and weekend periods when work may not be in progress. 10. In the event archaeological or cultural resources are discovered during the construction process, all work on the site shall cease. A monitor with knowledge of archaeological resources shall be contacted, and shall view and assess the materials discovered. A written mitigation plan shall be prepared and approved by the City. All costs associated with the employment of a qualified archaeologist shall be paid by the applicant. The following note shall be placed on the grading and improvement plans for the project: #In the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined. If human remains --- RESOLUTION NO. 3377 PAGE 7 (burials) are encountered, the County Coroner (781-4513) shall be c(Jntacted immediately. The applicant may be required to pro_vidtj] archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site. " 11. Prior to issuance of a building permit, the applicant shall submit an updated soils report addressing any changes in the condition of the parcel which may have occurred since the date of the Soils Report, March, 1988, and identifying measures to responds to such changes, if identified. In the alternative, applicant may submit a new soils report which adequately addresses the issues raised in the Soils Report. 12. Structures shall be designed to earthquake standards of the Uniform -Building Code Zone 4. Prior to plan check, the applicant shall submit building plans indicating standards to the satisfaction of Building and Safety. 13. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. 14. All graded areas, including road subgrades and building pads which are rough graded areas but not constructed until subsequent construction phases shall be revegetated. This vegetation shall be irrigated and maintained on a regular basis. This vegetation shall be removed as necessary in later phases when finish grading, paving and building construction occurs. 15. Project landscaping plans shall incorporate the use of fast growing ground covers to stabilize soils soon after construction is completed. 16. Demolition or construction activities, including truck traffic coming to and from the site for any purpose, shall be limited to daytime, (non-holiday) hours (7:30 a.m. to 6:00 p.m.) Mondays through Saturdays. 17. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the . greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. 18. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. .- ~-~ RESOLUTION NO. 3377 PAGE 8 LIGHTING 19. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. DEVELOPMENT CODE 20. Development shall conform with the H-S subzone zoning requirements except as otherwise approved. 21. Signage shall be subject to the requirements of Development Code Chapter 9 - 13. 22. Prior to issuance of a certificate of occupancy, all ducts, meters, air conditioning equipment 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. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, et cetera, shall cause the objectionable material to be directed away from residential properties. 23. Prior to issuance of a building permit, all walls, including screening and retaining walls shall be compatible with the approved architecture and Development Code Standards, subject to the review and approval of the Community Development Director. 24. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. This does not apply to garage or carport spaces which shall each have a minimum clear dimension of 10 feet wide by 20 feet deep. 25. The dev~loper shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." 26. Prior to issuance of occupancy permits, the developer shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be undergrounded. 27. Prior to paint or stucco color coat being applied to the building, the applicant shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48 hour notice is required for this inspection. . RESOLUTION NO. 3377 PAGE 9 SOLID WASTE 28. Solid waste pick-up location as identified is acceptable. 29. In such cases where trash bin enclosures are to be installed abutting structures, the common wall shall be of a noncombustible masonry type material with no openings for vents or windows. 30. Trash enclosures shall be reserved exclusively for dumpster storage. Miscellaneous boxes, bins, racks, etc., will not be allowed within the enclosure. 31. To reduce the possibility of the gates damaging vehicles parked next to the enclosures, an overhead type door is strongly encouraged. (See City Standard Detail.) 32. Interior vehicle travel ways shall be designed to be capable of withstanding loads imposed by trash trucks. POLICE DEPARTMENT CONDITIONS 33. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 34. Prior fo issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. 35. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee of ($30.00). BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 36. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. The applicant shall include, to the approval of the Fire Department, occupancy classifications and required separations. FIRE LANES 37. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the Californi.a Vehicle Code. RESOLUTION NO. 3377 PAGE 10 38. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 39. Prior to issuance of building permits, the applicant shall submit a site survey regarding the presence of archaeological resources on the site. The survey shall be performed by a qualified archaeologist. FIRE FLOW/FIRE HYDRANTS 40. Project shall have a fire flow of one thousand five hundred gallons (1,500) per minute for a duration of three (3) hours. 41. Prior to bringing combustible materials on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SECURITY KEY BOX 42. Prior to occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLER 43. ' Prior to occupancy, all buildings must be fully sprinklered per Building and Fire . Department guidelines. OPTICOM DEVICE 44. The applicant shall participate in cooperation with the applicant in Case No. CUP 98-573 (Kevin Kennedy) to install an opticom traffic signal pre-emption device at the James Way-Oak Park Blvd. intersection, that meets Building and Fire Department requirements, per the approval of the Fire Chief. ABANDONMENT/NON-CONFORMING 45. 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 PERMITS 46. The applicant shall pay any review costs generated by outside consultants. ----- RESOLUTION NO. 3377 PAGE 11 PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS 47. All project improvements shall be designed and constructed in accordance with the City. of Arroyo Grande Standard Drawings and Specifications. 48. The driveway entrance shall be constructed with curb returns, cross-concrete and spandrels. The existing fire hydrant shall be relocated if necessary. 49. All project improvements shall be designed and constructed in accordance with City standards and specifications. Plans within the right-of-way shall include profile drawings. Improvement plans (including the following) 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. Striping and signage plan. d. Public utilities. e. Water and sewer. . 50. Parking lot spaces shall be delineated with double striping. 51. Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts) . 52. 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. 53. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 54. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. -----..---.-.".------- RESOLUTION NO. 3377 PAGE 1 2 UNDERGROUND UTILITIES/EASEMENTS 55. The developer shall comply with Development Code Chapter 9-15.050. All existing above ground utilities shall be relocated underground. 56. 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. 57. Private easements shall be recorded for all reciprocal easements as depicted in the revised Master Plan for the Oak Park health Plaza as approved by the City Council on GRADING AND DRAINAGE 58. All grading shall be done in accordance with the City Grading Ordinance. 59. The Department of Public Works may require further reports on the soils. All earthwork design and grading shall be performed in accordance with the approved soils report. 60. The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be prepared for the approval by the Director of Public Works. Any portions of the site subject to flooding from a 100 year storm shall be shown on the recorded map 'or other recorded document, and shall be noted as a building restriction. 61. The on-site water system, which supplies water to fire hydrants, shall be a public facility. This will require public improvement plans and dedication of a 1 5 foot wide easement. WASTEWATER - 62. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. PUBLIC UTILITIES 63. All new public utilities shall be installed as underground facilities. 64. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 65. All improvement plans shall be submitted to the public utility companies for and comment. Utility comments shall be forwarded to the Director of Public Works for approval. ---..--..------..--- ---_._-_._.._._._-----_.~- RESOLUTION NO. 3377 PAGE 1 3 FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: . 66. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. c. Water Service charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. d. Water Supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 302L f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. g. Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municip~I'Code 6~6.405. h. Drainage fee, as required by the area drainage plan for the area being developed. i. Park Development fee, the developer shall pay the current. parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. j. Street Tree planting fee, the developer shall pay the current street tree planting fee/deposit. One 1 5 gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15 gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. k. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. I. Alarm Fee, to be based on codes and'rates in effect at the time of . - ---~---.,._~.__.- RESOLUTION NO. 3377 PAGE 14 development in accordance with Ord. 435 C.S. m. Strong Motion Instrumentation Program (SMIP) Fee.. to be based on codes and rates in effect at the time of development in accordance with State mandate. n. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. - RESOLUTION NO. 3377 PAGE 15 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3377 is a true, full, and correct copy Qf said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 13th day of July, 1999. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of July, 1999. , ~N RE, ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK -