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:
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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:
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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
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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.
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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:
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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
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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.
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