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PC R 99-1696� RESOLUTION NO. 99-1696 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. 99-004, LOCATED AT 136 BRIDGE STREET APPLIED FOR BY CAREY JAMES WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 99-004, filed by Carey James, for construction of an office building with a second floor dwelling; 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 sirnilar 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. 99-1696 Conditional Use Permit Case No. 99-004 Carey James May 18, 1999 Page 2 Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guideleines: 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 witl 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. 99-004. 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. 99-004, 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 Costello, and by the following roll call vote, to wit: � Resolution No. 99-1696 Conditional Use Permit Case No. 99-004 Carey James May 18, 1999 Page 3 AYES: Vice-Chair Parker, Commissioners Costello, London and Keen NOES: None ABSENT: Chair Greene the foregoing Resolution was adopted this 18` day of May, 1999. I_������ �. Kathleen Fryer, Commis 'on Clerk AS TO CONTENT: � Henry Engen, Interim��mmun Nanci Parker, Vice Chair v� F� D`e,velopment Director EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-004 Carey James 136 Bridge Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 1,406 square foot office building with an 893 square foot second floor dwelling. 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. 99-004. 3. This application shall automatically expire on May 18, 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 May 18, 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. � � 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exhibit "B", except as specifically modified by these conditions. � 9. 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 structur�e or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. 10. 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. 1 1. Prior to occupancy, the development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9- 10.1 10, "Performance Standards"; and 9-10.120 "Screening Requirements". 12. Prior to issuance of grading or building permits, the developer shall comply with Development Code, Chapter 9-12, ':Parking and Loading Requirements". NOISE 13. 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 14. 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. LANDSCAPING 15. Prior to issuance of a grading or building permit, 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. SOLID WASTE - 16. Solid waste pick-up location as identified is acceptable. 17. 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. POLICE DEPARTMENT CONDITIONS 18. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per.Police Department requirements. 19. 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 530.00. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 20. 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. FIRE FLOW/FIRE HYDRANTS 21. Project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. SECURITY KEY BOX - 22. Prior to occupancy, applicant must provide an approved "security key vault" on the downstairs office, per Building and Fire Department guidelines. SPECIAL CONDITIONS 23. One hour fire separation required between the residence and commercial office. - 24. Fee credits are due to the applicant because of prior demolition on the site. 25. Note possible property line setback and fire rating concerns at office occupancy downstairs. PUBLIC WORKS DEPARTMENT CONDITIONS 26. 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. 27. Alt project improvements shall comply with the Village Design Guidelines. � The new sidewalks shall be exposed aggregate with brick pattern strips per the Village Design Guidelines. 29. 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. 30. 31. 32. 33. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. All grading shall be done in accordance with the City Grading Ordinance. All new public utilities shall be installed as underground facilities: The applicant shall pay all applicable City fees at the time they are due. 34. Prior to issuance of a building permit, The parking lot design shall include the following: � � A. The entrance shall be oriented to allow for perpendicular entrance. B. The parking lot shall be signed for right turn exit only. 35. Prior to finalizing the building permit, the applicant shall replace any damaged curb, gutter, and sidewalk, and shall replace any abandoned driveway approaches with new curb, gutter and sidewalk. 36. Prior to finalizing the building permit, any unused existing water and sewer services shall be abandoned at the main per the requirements of the Public Works Department. 37. Prior to finalizing the building permit, all public utilities shall be operational. FEES FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable fees, including the following: 38. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a) b) c) 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. 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. Water Service charge to be based on codes �and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 6-7.22. d) e) f) 91 h) i) i1 k) 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. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. 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. 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 Ord. 435 C.S. 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. 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. 39. STANDARD 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. 1. 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. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 2. 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 3. The parking lot shall be signed for right turn exit only. � � 4. A monitor with knowledge of archaeo,logical resources shall be present during all construction excavation. The following note shall be placed on the grading and improvement plans fo� 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 m