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PC R 99-1710� RESOLUTION NO. 99-1710 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. 99-011, LOCATED AT 121 EAST BRANCH STREET, APPLIED FOR BY EDDIE EL-HELOU WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 99-01 1, filed by Eddie EI-Helou, for construction of a 2,679 square foot commercial building with retail space on the first floor and office space on the second floor; 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 necessary 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. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 2 of 10 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. �� L•� The proposal is not detrimental to the orderly and harmonious development of the City. 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. 99-01 1. 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 resources as defined by Section 711.2 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 that 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. 99-01 1, 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 Keen, seconded by Commissioner London, and by the following roll call vote, to wit: Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 3 of 10 AYES: Commissioners Costello, Keen, London, Chair Greene NOES: Vice-Chair Parker ABSENT: None the foregoing Resolution was adopted this 19 day of October 1999. ATTEST: Kathleen Fryer, Commis ' Clerk �C�ae�e�� C'�p��� Laurence Greene, Chair AS TO CONTENT: Kerry McC nts Community Development Director Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 4 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-011 Eddie EI-Helou 215 East Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 2,679 square foot commercial building with retail space on the first floor and office space on the second floor. 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. 99-01 1. 3. This application shall automatically expire on October 19, 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 October 19, 1999 and marked Exhibits "B1 — B4". 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. —J DEVELOPMENT CODE � ,• �l Development shall conform to the Village Commercial zoning requirements except as otherwise approved. �_ Signage shall be subject to the requirements of Development Code Chapter 9-13. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 5 of 10 development plans except as specifically modified by these conditions. [1[�I�Y� 9. 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. WATER 10. 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. SOLID WASTE 1 1. Solid waste pick-up location as identified is acceptable. 12. 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: 13. The applicant shall obtain approval from the City to release interest in the 3- foot wide pedestrian mall easement. 14. 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) The Yarrow plants shown on the Preliminary Landscape Plan shall be replaced with turf or another variety of ground cover. Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 6 of 10 Prior to issuing the certificate of occupancy: 15. 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. 16. 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". size trees. (6) The Cistus "Sunset"/Rockrose plants shown on the Preliminary Landscaping Plan shall be replaced with a variety of Arctostaphylos (Manzanita). (5) Trees to be removed shall be replaced at a 1:1 ratio with 15-gallon � � ARCHITECTURAL REVIEW COMMITTEE 17 The metal window frames shall be painted to match the submitted sample board. : 19. The frieze along the side elevation shall be pre-molded material covered with a layer of stucco. Accent treatment, such as an awning, shall be placed over the rear door. POLICE DEPARTMENT Prior to issuing the certificate of occupancy: 20. 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 21. 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. Prior to issuing a building permit: 22. The applicant must provide public pedestrian easements showing ten (10) feet between the proposed building and the building to the east. Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 7 of 10 Prior to occupancy: 23. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 24. The building must be fully sprinklered per Building and Fire guidelines. 25. The applicant shall show proof of properly abandoning all nonconforming items such as septic tanks, wells, underground piping and other undesirable conditions. (There are possible projections from the building immediately west of the property). PUBLIC WORKS DEPARTMENT General Improvement Requirements: 26. The applicant shall pay all applicable City fees at the time they are due. 27. 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 preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. 28. 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. " 29. 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. The following improvement plans shall be prepared b`y a registered Civil Engineer and approved by the Public Works Department: ' a. Grading, drainage and erosion control. b. Public utilities. c. Water and sewer. 30. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. • Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 8 of 10 32. 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 grading permit: 33 34 A grading permit for this project shall not be issued separate from the building permit. All grading shall be done in accordance with the City Grading Ordinance. Prior to issuing a building permit: 34. The applicant shall record a deed restriction agreeing to maintain the public pedestrian mall. 35. A current preliminary title report for all properties upon which construction is proposed, shall be submitted to the Director of Public Works prior to checking the certificate of compliance. 36. The applicant shall submit a revised site plan for all properties upon which construction is proposed, properly showing all easements and property lines related to the project. Roof and balcony projections over the pedestrian mall are acceptable. 37. The site plan shall include the following: a. The location and size of all water, sewer and storm water facilities. b. All parcel lines and easements related to the property. c. The location and dimension of all paved areas. d. The location of all public or private utilities. 38. 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'/2 x 11" standard city forms and shall clarify all easements and property lines. 39. The developer shall provide written verification that the owners of property upon which construction is proposed consent to such construction. 40. Improvement plans for the pedestrian mall shall be approved by the Community Development, Parks and Recreation, and Public Works Departments. The � improvement plans shall include landscaping and irrigation. A separate water service and meter shall be provided for the pedestrian mall irrigation. The improvements shall also include drainage lines as required by the Director of � _J Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 9 of 10 Public Works to serve upstream areas, and relocation of any conflicting existing facilities. Prior to issuing the certificate of occupancy: 41. All public utilities shall be operational: 42. Existing water services and sewer laterals severing the property which are not used by the project shall be abandoned and capped at the main. 43. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. a. 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 occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit b. 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. Monitoring: Review of landscape and irrigation plans Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit c. 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. d. 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 would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Resolution No. 99-1710 Conditional Use Permit No. 99-011 Eddie EI-Helou October 19, 1999 Page 10 of 10 e. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Monitoring: Responsible Department: Timeframe: Review of grading and building plans and site inspections The Building and Fire Department shall inspect plans, and the Community Development Department shall spot check in the field Prior to issuance of grading permit f. A monitor with knowledge of archaeological resources shall be present during all construction excavation. 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 (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site." Monitoring: Responsible Department: Timeframe: Review of grading plans and site visits by the Public Works Inspector. Public Works, Building Departments Prior to issuance of a grading permit and during site grading