Loading...
PC R 99-1713RESOLUTION NO. 99-1713 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 99-010, LOCATED AT 124 WEST BRANCH STREET, APPLIED FOR BY AMANDA LAMBERT WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 99-010, filed by Amanda Lambert, to convert ten (10) single-story attached residential apartment units into ten (10) commercial office units; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the 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), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Village Commercial 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 because the proposed use is similar to surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the neces�ary easements, circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and 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 because the proposed project would not create adverse environmental impacts. Resolution No. 99-1713 Conditional Use Permit No. 99-010 Amanda Lambert November 2, 1999 Page 2 of 7 Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA►, for Conditional Use Permit Case No. 99-010. 2. Based on the initial study, a Negative Declaration was prepared for public review. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife � Psources as defined by Section 71 1.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED thar the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 99-010, 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 London _, seconded by Commissionervice Chair Parker and by the following roll call vote, to wit: � _� Resolution No. 99-1713 Conditional Use Permit No. 99-010 Amanda Lambert November 2, 1999 Page 3 of 7 AYES: Commissioners, NOES: None ABSENT: None Costello, Keen, London, Vice Chair Parker and Chair Greene the foregoing Resolution was adopted this 2" day of November 1999. ATTEST: � 1 ��(1 Kathleen Fryer, Commissi Clerk AS TO CONTENT: Kerry c ants Community Development Director ,��,1/i.1/VIc�> l ) /l d.P/N1t � Laurence Greene, Chair Resolution No. 99-1713 Conditional Use Permit No. 99-010 Amanda Lambert November 2, 1999 Page 4 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-010 Amanda Lambert 124 West Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the conversion of ten (10) single-story attached residential apartment units into ten (10) commercial office units. 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 Case No. 99-010. 3. This application shall automatically expire on November 2, 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. Development� shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of November 2, 1999 and marked Exhibit �� B �� 5. 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. DEVELOPMENT CODE 6. Development shall conform to the Village Commercial zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 9-13. Resolution No. 99-1713 Conditional Use Permit No. 99-010 Amanda Lambert November 2, 1999 Page5of7 NOISE 8. Construction shall be limited to between the hours of 7 a.m. and 10 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. �1�i1�.� 9. Any 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. SOLID WASTE 10. Solid waste pick-up location as identified is acceptable. � 11. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. Prior to issuing a building permit: 12. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the community Development and Parks and Recreation Departments. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: (1) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (2) Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and (3) An automated irrigation system. (4) Trees to be removed shall be replaced at a 1:1 ratio with 15-gallon size trees. Prior to issuing the certificate of occupancy: 13. 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. Resolution No. 99-1713 Conditional Use Permit No. 99-010 Amanda Lambert November 2, 1999 Page 6 of 7 14. Development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9-10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". POLICE DEPARTMENT Prior to issuing the certificate of occupancy: 15. The applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. BUILDING AND FIRE DEPARTMENT 16. 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. 17. The project shall provide access per ADA and Title 24 requirements. Prior to issiiing a building permit: 18. A 20-foot wide easement shall be recorded over the adjacent property to the west restricting development of any structures next to the subject property, or the applicant shall provide a one-hour firewall along the west side of the building. Prior to occupancy: i�' 20. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. Addresses must be posted on West Branch Street. PUBLIC WORKS DEPARTMENT General Improvement Requirements: 21. The applicant shall pay all applicable City fees at the time they are due. 22. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8%Zx11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preiiminary title report. The applicant shall be _� Resolution No. 99-1713 Conditional Use Permit No. 99-010 Amanda Lambert November 2, 1999 Page7of7 responsible for all required fees, including any additional required City processing fees. 23. 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. 24. 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. 25. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 26. 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). Prior to issuing a building permit: 27. A Certificate of Compliance shall be recorded as required by section 66412.6 of the Subdivision Map Act. The certificate of compliance shall be prepared on 8.5" X 11" standard City forms and shall clarify all property lines and easements. Prior to issuing the certificate of occupancy: 28. All public utilities shall be operational. 29. Existing water services and sewer laterals severing the property which are not used by the project shall be abandoned and capped at the main. �� � L__J � �