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PC R 21-2343RESOLUTION NO. 21-2343 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT NO. 20-003 LOCATED AT 1164 E. GRAND AVENUE; APPLIED FOR BY JOEL RILEY WHEREAS, the applicant has filed Conditional Use Permit 20-003 to establish a new conference facility and commercial offices in an existing commercial structure; and WHEREAS, the Planning Commission has reviewed the 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 found and determined that the project is exempt per Section 15301(a) (Existing Facilities) of the CEQA Guidelines, because the project consists of only minor alterations to the existing structure and involves negligible or no expansion of the former use; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on February 2, 2020; 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 proposed conference facility and professional offices are allowed in the Fair Oaks Mixed -Use (FOMU) zoning district per Section 16.36.030 of the Municipal Code and is consistent with development standards for the FOMU zoning district per Municipal Code Section 16.36.020. 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 use of a conference facility and professional office would not impair the integrity or character of the Fair Oaks Mixed -Use (FOMU) zoning district, as it is consistent with the stated purpose of the FOMU zoning district per Municipal Code Section 16.36.020(C) by providing a service uses incorporated into a mixed-use project. 3. The site is suitable for the type and intensity of use or development that is proposed. RESOLUTION NO. 21-2343 PAGE 2 The site is suitable for the proposed uses, as the development meets applicable development standards relating to building height, setbacks, and landscaping. Parking requirements will be met through an off-site parking agreement. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for all utilities and services necessary to ensure 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 proposed use will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as it will comply with all applicable codes and standards. The City's existing noise ordinance and the project's conditions of approval will ensure that nearby properties will not be materially impacted by the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 20-003, as presented to the Planning Commission on February 2, 2021 and pursuant to plans shown in Exhibit "B", attached hereto and incorporated herein by this reference as though set forth in full, 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 Martin, seconded by Commissioner Schiro, and by the following roll call vote, to wit: AYES: Martin, Schiro, Guthrie, Maraviglia, Sage NOES: None ABSENT: None the foregoing Resolution was adopted this 2nd day of February 2021. RESOLUTION NO. 21-2343 PAGE 3 c� qa--q GLENN MARTIN CHAIR ATTEST: 07;; i �/ '7Z ATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: i •I WHITNEY MbDONALO CITY MANAGER/ ACTING COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 21-2343 PAGE 4 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 20-003 1164 EAST GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the conversion of an existing commercial building to 736 square feet of commercial offices and a conference facility consisting of a 811 square foot indoor assembly area, a 211 square foot catering kitchen, and 670 square foot covered rear patio. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 20-003. 4. This application shall automatically expire on February 2, 2023 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 February 2, 2021 and marked Exhibit B. 6. The applicant shall agree to indemnify, defend, and hold harmless 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. 7. All conditions of approval shall be printed on construction plans. 8. 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 that RESOLUTION NO. 21-2343 PAGE 5 generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. DEVELOPMENT CODE 9. Development shall conform to the Fair Oaks Mixed -Use zoning requirements except as otherwise approved. 10. Signage shall be subject to the requirements of Development Code Chapter 16.60. 11. Prior to issuance of a building permit, the applicant shall provide a recorded parking agreement, in a form approved by the City Attorney that satisfies the total required parking approved by the Planning Commission. If in the future the assembly space is modified either in size or to a more intensive use, an amendment to this conditional use permit must be approved along with additional parking as required by the Arroyo Grande Municipal Code. 12. Events at the facility shall restricted to the hours in which the off-site parking spaces are available, as specified in the off-site parking agreement. 13. The applicant shall demonstrate that all events held at the facility comply with the noise ordinance regarding noise level limitations when measured at the nearest sensitive receptors. A noise study or regular monitoring may be necessary to demonstrate compliance. LIGHTING 14.At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). POLICE DEPARTMENT 15. 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. 16. The applicant shall obtain a Public Safety Welfare Permit prior to each event hosted at the facility. RESOLUTION NO. 21-2343 PAGE 6 BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT BUILDING CODES 17.The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 18. Provide complete compliance with State and Federal disabled access requirements. 19. All required accessible parking spaces shall be on site. The accessible spaces in the off-site parking area shall not be counted toward the total required accessible spaces for the event center. 20. All exterior areas of the venue shall be made accessible by providing ramps where stairs are located. FIRE LANES 21. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. SECURITY KEY BOX 22. Prior to Occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLERS 23. Prior to Occupancy, all buildings must receive a 5 -year Certification per NPPA 25. 24. Provide Fire Department approved access or sprinkler -system per National Fire Protection Association Standards. ABANDONMENT/NON-CONFORMING 25. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly removing or abandoning all unpermitted and non -conforming structures and other items such as septic tanks, wells, underground piping and other undesirable conditions. OTHER APPROVALS 26. Prior to issuance of a building permit, County Health Department approval is required for the catering kitchen. 27. The applicant shall be responsible for any review costs generated by outside consultants. RESOLUTION NO. 21-2343 PAGE 7 PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS 28. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 29. 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 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. CURB. GUTTER AND SIDEWALK 30. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director WATER 31. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. PERMITS 32. 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. FEES 33. Pay all required City fees at the time they are due. PRIOR TO ISSUING A BUILDING PERMIT 34. The Public Works plans shall be approved. PRIOR TO ISSUING A CERTIFICATE OF OCCUP 35.All utilities shall be operational. 36.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 Director of Public Works. PLANNING COMMISSION CONDITIONS 37. The number of event guests shall be limited to the maximum occupancy allowed by the Building Code based on the number of plumbing fixtures proposed. RESOLUTION NO. 21-2343 PAGE 8 38.The applicant shall place temporary signage near the property entrance to direct patrons to available off-site parking in advance of any event 39. All events shall end no later than 10:00pm 40. A parking monitor shall be on-site 30 minutes prior to any event with more than 20 people.