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PC R 99-17001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A NEGATIVE DECLARATION AND APPROVE CONDITIONAL USE PERMIT CASE NO. 98 -573, APPLIED FOR BY KEVIN KENNEDY, AT OAK PARK BOULEVARD AND JAMES WAY WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 98 -573, filed by Kevin Kennedy, for construction of a 18,925 square foot health club facility; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with 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 the Final Negative Declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to CEQA; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: RESOLUTION NO. 99 -1700 1. The proposed use is permitted within the subject 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. 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. Resolution No. 99 -1700 June 29, 1999 Page 2 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 drainage improvements will be made to accommodate existing and post development flows. 6. The revised Master Plan is a Planning tool and is not an entitlement for future development. Future proposed buildings on Parcel 3 Arroyo Grande -95 -108, Parcel 3 Arroyo Grande 82 -035, or Parcel A Arroyo Grande 79 -038 must receive required review and approval and must satisfy parking and other Development Code requirements. California Environmental Quality Act and 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. 98 -573. 2. Based on the initial study, a negative declaration was drafted for public review. The Planning Commission has considered the Negative Declaration together with any comments received and considered during the public review process. The Negative Declaration reflects the independent judgment of the Planning Commission. 3. The Planning Commission finds that through feasible conditions placed upon this project, the significant impacts on the environment have been eliminated or substantially mitigated to a level of insignificance. 4. After holding a public hearing pursuant t'o State and City Codes, and considering the record as a whole the Planning Commission has considered the negative declaration and found that there is no substantial evidence of any significant adverse environmental 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 recommends that the City Council adopt the Negative Declaration, and approve Conditional Use Permit Case No. 98 -573, with the 1 Resolution No. 99 -1700 June 29, 1999 Page 3 above findings and subject to the conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. On motion of Commissioner Keen, seconded by Commissioner Costello, and by the following roll call vote, to wit: AYES: Commissioners Costello, Keen, London, Parker and Chair Greene NOES: None ABSENT: None The foregoing Resolution was adopted this 29t day of June, 1999. ATTEST: Kathleen Fryer, Com ission Clerk Laurence Greene, Chair AS TO CONTENT: Hen�yl Engen, AICP Interim Community D elopm Director lowEkrit,etuAL Resolution No. 99 -1700 June 29, 1999 Page 4 EXHIBIT A CONDITIONS OF APPROVAL KENNEDY CLUB FITNESS; CUP 98 -573 Corner of Oak Park Boulevard and James Way COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes construction of 18,925 square foot health club facility. 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 Case No. CUP - 573,'and the site shall be developed as depicted in the revised Master Plan for the Oak Park Health Plaza, dated June 25, 1999. 3. This application shall automatically expire on July 13, 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. Two years after the issuance of building permits, the Conditional Use Permit shall be reviewed by the Community development Director for determination of whether adequate parking has been provided pursuant to the Master Plan for the Oak Park Health Plaza. A public hearing and review by the Planning Commission may, at the discretion of the Community Development Director, be . required to review potential concerns. In such event, the applicant shall submit funds to cover the cost of the public hearing, and a current mailing list of property owners (and occupants) within 300 feet of the project. 5. Development shall occur in substantial conformance with the plans presented and marked Exhibit "B ", June 23, 1999. Prior to issuance of a building permit, the applicant shall file Reciprocal Easements for access, parking and drainage acceptable to the Community Development Director. 6. 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 1 1 1 1 Resolution No. 99 -1700 June 29, 1999 Page 5 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. 7. Development shall conform to P -D -1.1 (Oak Park Acres Planned Development) zoning requirements except as otherwise approved. CONDITIONS IN ENVIRONMENTAL DOCUMENT 8. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Applicant shall follow the dust control measures listed below: a. 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. b. 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 shall include wetting down such areas in the later morning and after work is completed for the day, and whenever winds exceed 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. . 9. The contractor or builder shall designate a person or persons to monitor the dust control program and order increased watering as necessary to prevent transport of dust off -site. Their duties shall include holiday and weekend periods when work may not be in progress. 10. In the event archaeological or cultural resources are discovered during the construction process, all work on the site shall cease. A monitor with knowledge of archaeological resources shall be contacted, and shall view and assess the materials discovered. A written mitigation plan. shall be prepared and approved by the City. All costs associated with the employment of a qualified archaeologist shall be paid by the applicant. The following note shall be placed on the grading and improvement plans for the project: Resolution No. 99 -1700 June 29, 1999 Page 6 "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." 11. Prior to issuance of a building permit, the applicant shall submit an updated soils report addressing any changes in the condition of the parcel which may have occurred since the date of the Soils Report, March, 1988, and identifying measures to responds to such changes, if identified. In the alternative, applicant may submit a new soils report which adequately addresses the issues raised in the Soils Report. 12. Structures shall be designed to earthquake standards of the Uniform Building Code Seismic Zone 4. Prior to plan check, the applicant shall submit building plans indicating standards to the satisfaction of Building and Safety. 13. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. 14. All graded areas, including road subgrades and building pads which are rough graded areas but not constructed until subsequent construction phases shall be revegetated. This vegetation shall be irrigated and maintained on a regular basis. This vegetation shall be removed as necessary in later phases when finish grading, paving and building construction occurs. 15. Project landscaping plans shall incorporate the use of fast growing ground covers to stabilize soils soon after construction is completed. 16. Demolition or construction activities, including truck traffic coming to and from the site for any purpose, shall be limited to daytime, (non - holiday) hours (7:30 a.m. to 6:00 p.m.) Mondays through Saturdays. 17. 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 1 1 1 1 1 1 Resolution No. 99 -1700 June 29, 1999 Page 7 be minimized. 18. 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. LIGHTING 19. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. DEVELOPMENT CODE 20. Development shall conform with the H -S subzone zoning requirements except as otherwise approved. 21. Signage shall be subject to the requirements of Development Code Chapter 9 - 13. 22. Prior to issuance of a certificate of occupancy, 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 which generates noise, solid particles, odors, et cetera, shall cause the objectionable material to be directed away from residential properties. 23. Prior to issuance of a building permit, all walls, including screening and retaining walls shall be compatible with the approved architecture and Development Code Standards, subject to the review and approval of the Community Development Director. 24. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. This does not apply to garage or carport spaces which shall each have a minimum clear dimension of 10 feet wide by 20 feet deep. 25. The developer shall comply with Development Code Chapter 9 -14, "Dedications, Fees and Reservations." Resolution No. 99 -1700 June 29, 1999 Page 8 26. Prior to issuance of occupancy permits, the developer shall comply with Development Code Chapter 9 -15, "Improvements ". All above ground utilities shall be undergrounded. 27. Prior to paint or stucco color coat being applied to the building, the applicant shall paint a test patch on the building including all colors. The remainder of the building may not be painted_ until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48 -hour notice is required for this inspection. SOLID WASTE 28. Solid waste pick -up location as identified is acceptable. 29. In such cases where trash bin enclosures are to be installed abutting structures, the common wall shall be of a noncombustible masonry type material with no openings for vents or windows. 30. Trash enclosures shall be reserved exclusively for dumpster storage. Miscellaneous boxes, bins, racks, etc., will not be allowed within the enclosure. 31. To reduce the possibility of the gates damaging vehicles parked next to the enclosures, an overhead type door is strongly encouraged. (See City Standard Detail.) 32. Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash trucks. POLICE DEPARTMENT CONDITIONS 33. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 34. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. 1 1 1 1 1 Resolution No. 99 -1700 June 29, 1999 Page 9 35. 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 of ($30.00). BUILDING AND FIRE DEPARTMENT CONDITIONS UBC /UFC 36 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. The applicant shall include, to the approval of the Fire Department, occupancy classifications and required separations. FIRE LANES 37. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 38. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 39. Prior to issuance of building permits, the applicant shall submit a site survey regarding the presence of archaeological resources on the site. The survey shall be performed by a qualified archaeologist. FIRE FLOW /FIRE HYDRANTS 40. Project shall have a fire flow of one thousand five hundred gallons (1,500) per minute for a duration of three (3) hours. 41. Prior to bringing combustible materials on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SECURITY KEY BOX 42. Prior to occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLER Resolution No. 99 -1700 June 29, 1999 Page 10 43. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. OPTICOM DEVICE 44. The applicant shall participate in cooperation with the applicant in Case No. CUP 98 -572 (Russ Sheppel) to install an opticom traffic signal pre - emption device at the James Way — Oak Park Blvd intersection, that meets Building and Fire Department requirements, per the approval of the Fire Chief. ABANDONMENT /NON- CONFORMING 45. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non - conforming items such as septic tanks, wells, underground piping and other undesirable conditions. OTHER PERMITS 46. Prior to issuance of a building permit, County Health Department approval is required for the swimming pool. 47. Any review costs generated by outside consultants, shall be paid by the applicant. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS 48. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 49. The driveway entrance shall be constructed with curb returns, concrete cross - gutter and spandrels. The existing fire hydrant shall be relocated. 50. All project improvements shall be designed and constructed in accordance with City standards and specifications. Plans within the right -of -way shall include profile drawings. Improvement plans (including the following) shall be prepared by a registered Civil Engineer and approved by the Public Works Department: 1 1 1 1 1 1 Resolution No. 99 -1700 June 29, 1999 Page 11 a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Striping and signage plan. d. Public utilities. e. Water and sewer. 51. Parking lot spaces shall be delineated with double striping. 52. 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). 53. 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. 54. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the - required improvements. 55. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way (City or Caltrans). UNDERGROUND UTILITIES /EASEMENTS 56. The developer shall comply with Development Code Chapter 9- 15.050. All existing above ground utilities shall be relocated underground. 57. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right -of -way. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 58. Private easements shall be recorded for all reciprocal easements as depicted in the revised Master Plan for the Oak Park Health Plaza as approved by the City Council. GRADING AND DRAINAGE Resolution No. 99 -1700 June 29, 1999 Page 12 59. All grading shall be done in accordance with the City Grading Ordinance. 60. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 61 The Department of Public Works may require further reports on the soils. All earthwork design and grading shall be performed in accordance with the approved soils report. 62. The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be prepared for the approval by the Director of Public Works. Any portions of the site subject to flooding from a 100 -year storm shall be shown on the recorded map or other recorded document, and shall be noted as a building restriction. 63. The on -site water system which supplies water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 15 -foot wide easement. WASTEWATER 64. - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. PUBLIC UTILITIES 65. All new public utilities shall be installed as underground facilities. 66. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 67. All improvement plans shall be submitted to the public utility companies for comment. Utility comments shall be forwarded to the Director of Public Works for approval. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 68. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 1 1 Resolution No. 99 -1700 June 29, 1999 Page 13 a. Water Mitigation 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, in accordance with Municipal Code 6- 7.22. c. Water Service charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. d. Water Supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 461 C.S., Res. 3021. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 346 C.S., Res. 1955. g. Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 6.405. h. Drainage fee, as required by the area drainage plan for the area being developed. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ordinance 313 C.S. j. Street Tree Planting fee, the developer shall pay the current street tree planting fee /deposit. One 15- gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15- gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 431 C.S. k. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3 -3.501 of the Arroyo Grande Municipal Code. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ordinance 435 C.S. m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. n. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code.