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PC R 21-2353RESOLUTION NO. 21-2353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 21-005; ADDITION TO AN EXISTING COMMERCIAL STRUCTURE AND ESTABLISHMENT OF AN ART GALLERY AND WINE TASTING COLLECTIVE; LOCATION — 211 E. BRANCH ST.; APPLICANT — ERIC AND GILLIAN VON BERG; REPRESENTATIVE — JENNIFER MARTIN, JENNIFER MARTIN ARCHITECTURE AND DESIGN WHEREAS, the applicant has filed Conditional Use Permit 21-005 to construct a 3,108 square foot addition and establish a wine tasting collective and art gallery in the Village Commercial Downtown zoning district; and WHEREAS, the Architectural Review Committee reviewed the project on July 19, 2021 and recommended approval of the project with the suggestion to provide a distinct visual transition between the existing structure and the proposed addition; 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 pursuant to Section 15332 of the CEQA Guidelines for infill development; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on September 7, 2021; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 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 use of an art gallery and wine tasting collective is allowed in the Village Core Downtown (VCD) zoning district with the approval of a Conditional Use Permit pursuant to Section 16.36.030 of the Municipal Code and is consistent with development standards for the VCD 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. RESOLUTION NO. 21-2353 PAGE 2 The proposed use of an art gallery and wine tasting collective would not impair the integrity or character of the Village Core Downtown (VCD) zoning district, as it is consistent with the stated purpose of the VCD zoning district pursuant to Municipal Code Section 16.36.020(C) by providing a use that promotes pedestrian use and enjoyment of the downtown Village area. The project design is consistent with the Design Guidelines and Standards for the Historic Character Overlay District, and is sensitive to the historic character of the existing structure, as recommended by the Architectural Review Committee. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the establishment of an art gallery and wine tasting collective, as the development meets applicable development standards relating to building height, setbacks, lot coverage, and landscaping. Payment of an in -lieu fee to satisfy the parking requirement is allowed through pursuant to Municipal Code Section 16.56.020. 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, standards, and conditions of approval developed for this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 21-005, as presented to the Planning Commission on September 7, 2021 and 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 Guthrie, seconded by Commissioner Buchanan, and by the following roll call vote, to wit: RESOLUTION NO. 21-2353 PAGE 3 AYES: Guthrie, Buchanan, Maraviglia, Martin NOES: None ABSENT: Schiro the foregoing Resolution was adopted this 7t' day of September 2021. RESOLUTION NO. 21-2353 PAGE 4 R GLENN MARTIN CHAIR ATTEST: PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: _J BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 21-2353 PAGE 5 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 21-005 116 WEST BRANCH STREET COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the construction of a 3,108 square foot addition to an existing structure and establishment of a wine tasting collective and art studio at the subject property. 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. 21-005. 4. This application shall automatically expire on September 7, 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 conform to the Village Core Downtown development standards except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 7, 2021 and on file in the Community Development Department. 7. The applicant shall agree to indemnify and 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. 8. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. RESOLUTION NO. 21-2353 PAGE 6 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 10. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. 11. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.120, 'Performance Standards"; and 16.48.130 "Screening Requirements". 12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by these conditions. 13. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code. Construction activities shall be restricted to the hours of 7:00 am to 5:00 pm Monday through Friday, and from 9:00 am to 5:00 pm on Saturdays. No construction shall occur on Sundays or City observed holidays. Inspections are only available Monday — Friday 7:30 am — 4:00 pm. 14. All lighting for the site shall be downward and directed and shall not spill or create glare to adjacent properties. 15. All new electrical panel boxes shall be installed inside the buildings. 16. A Fire Department Connection (FDC) shall be installed at building in a location acceptable to the Fire Chief. 17. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve, and screened to the maximum extent feasible. 18. 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. 19. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to RESOLUTION NO. 21-2353 PAGE 7 Development Code Section 16.08.100. SPECIAL CONDITIONS 20. The applicant shall submit payment for the in lieu parking fees prior to occupancy. The fee shall be the number of parking spaces required for the project multiplied by the in -lieu parking fee of $24,000, as established by City Council Resolution No. 3994. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 21. The project shall comply with the most recent editions of the California Building Standards Code, as adopted by the City of Arroyo Grande. 22. Provide complete compliance with State and Federal disabled access requirements. 23. The project shall install a ventilation system in the kitchen. FIRE FLOW/FIRE HYDRANTS 24. Project shall have a fire flow in accordance with the California Fire Code. FIRE SPRINKLER 25. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. ABANDONMENT / NON -CONFORMING 26. The applicant shall show proof of properly abandoning all non -conforming items such as septic tanks, wells, underground piping and other undesirable conditions as applicable. DEMOLITION PERMIT 27. A demolition permit must be applied for, approved and issued. All asbestos and lead shall be verified if present and abated prior to permit issuance. 28. The developer shall reimburse the City for all costs associated with outside plan checks performed at either the developer's or City's request. RESOLUTION NO. 21-2353 PAGE 8 ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 29. The Applicant shall develop, implement and provide the City: a. Prior to a building or grading permit, a Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.2. b. Prior to final acceptance, an Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls complying with Engineering Standard 1010 Section 5.2.3. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls are being maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). GENERAL CONDITIONS 30. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 31. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. 32. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 33. Record Drawings ("as -built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 34. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director in compliance with Engineering Standard 1010 Section 9.3 E. Provide One (1) set of paper prints and electronic documents on CD or flash drive in both AutoCAD and PDF format. AutoCAD drawings shall be in State plane coordinates. 35. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved improvement plans for inspection purposes during construction. RESOLUTION NO. 21-2353 PAGE 9 36. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. IMPROVEMENT PLANS 37. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the Community Development Department Engineering Division be separate submittal from any vertical construction/structures building improvement plans. 38. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works Department and/or Community Development Department. The following plan sheet shall be provided: a. Site Plan i. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ii. The location, size and orientation of all trash enclosures. iii. All existing and proposed parcel lines and easements crossing the property. iv. The location and dimension of all existing and proposed paved areas. v. The location of all existing and proposed public or private utilities. vi. Location of 100 -year flood plain and any areas of inundation within project area. b. Grading Plan with Cross Sections c. Retaining Wall Plan and Profiles d. Roadway Improvements Plan and Profiles e. Storm Drainage Plan and Profile f. Utilities - Water and Sewer Plan and Profile g. Utilities — Composite Utility h. Signing and Striping I. Erosion Control j. Landscape and Irrigation Plans for Public Right -of -Way k. Tree Protection Plan I. Details m. Notes n. Conditions of Approval and Mitigation Measures o. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks) p. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 39. Submit all retaining wall calculations for review and approval by the Community RESOLUTION NO. 21-2353 PAGE 10 Development Director including any referenced geotechnical report. 40. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 41. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans). STREET IMPROVEMENTS 42. Obtain approval from the Public Works Director prior to excavating in any street recently over -laid or slung sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay or type 2 slurry seal. 43. Overlay streets or place type 2 slurry seal on any roads dedicated to the City prior to acceptance by the City. Determination whether to use overlay or slung seal shall be made by the Public Works Director. 44. Remove existing roadway striping and markers prior to any overlay or slung seal work to the satisfaction of the Public Works Director. Use only thermoplastic roadway striping. CURB. GUTTER, AND SIDEWALK 45. Color any such new facilities as directed by the Community Development Director. 46. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 47. 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 48. Replace existing drive approach with curb, gutter, and exposed -aggregate sidewalk per the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 49. Remove the terracotta tiles around the street tree wells within the project's frontage and replace with tree grates per Engineering Standard 8130. 50. Remove and replace terracotta tile strips in sidewalk within the project's frontage with colored, stamped concrete, to resemble existing tiles. The precise color and stamp pattern to use will be determined by the Public Works Director, or his designee, prior to installation. DEDICATIONS AND EASEMENTS RESOLUTION NO. 21-2353 PAGE 11 51. 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. 52. A temporary construction easement shall be obtained for the construction of the ramp at the rear of the project prior to building permit issuance. GRADING AND DRAINAGE 53. Prior to issuance of a grading permit, the developer shall submit one (1) copy of the Water Pollution Control Plan (WPCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 54. All grading shall be performed in accordance with the City Grading Ordinance and Standard Specifications and Engineering Standards. 55. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. WATER 56. A Reduced Pressure Principle backflow device is required on all water lines to the structure and landscape irrigation. 57. A Double Detector Check backflow device is required on the water service line to the fire sprinklers. Fire Department Connections must be remote and locations to be approved by the Fire Chief. 58. Non -potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 59. Lots using fire sprinklers shall have individual service connections. 60. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 61. All sewer laterals shall comply with Engineering Standard 6810. 62. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. RESOLUTION NO. 21-2353 PAGE 12 63. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 64. Submit a will -serve letter from South County Sanitary stating that the property access and location of trash receptacles is adequate for trash collection service. PUBLIC SAFETY 65. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 66. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee and annual renewal fee as applicable. 67. The applicant shall abide by all licenses and rules developed by the California Department of Alcoholic Beverage Control. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 68. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL 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). e. Plan Review Fee (Based on the current Building Division fee schedule. NOTE: The applicant is responsible to pay all fees associated with outside plan review consultants) 69. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization 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. c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 21-2353 PAGE 13 d. Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance. e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance. h. South San Luis Obispo County Sanitation District Connection fee. i. Drainage fee, as required by the area drainage plan for the area being . developed. j. Construction Tax, the applicant shall pay a construction tax. k. Alarm Fee, to be based on codes and rates in effect at the time of development. I. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development. m. Building Permit Fee, to be based on codes and rates in effect at the time of development. BONDING SURETY 70. Erosion Control, prior to issuance of the grading or building permit, all new construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right=of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site.