PC R 98-1679RESOLUTION NO. 98-1679
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, APPROVING CONDITIONAL USE
PERMIT CASE NO. 98-571, APPLIED FOR BY
HALFERTY DEVELOPMENT, AT GRAND AVENUE
AND OAK PARK BOULEVARD, 1650 GRAND
AVENUE
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Conditional Use Permit Case No. 98-571, filed by Halferty
Development, for construction of a drug and pharmacy store with a total of
approximately 16,700 square feet; 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:
A. Conditional Use Permit Findings:
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 characte� of the
district in which it is to be established or located because the proposed
use is similar to surrounding uses and is located in the General
Commercial District.
Resolution No. 98-1679
Conditional Use Permit Case No. 98-571
Rite Aid
December 15, 1998
Page 2 of 3
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 drainage improvements will be made to accommodate
existing and post development flows.
B. 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. 98-571.
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. The documents and other materials which constitute the records of
proceedings upon which this decision is based are in the custody of the
Secretary of the City of Arroyo Grande Planning Commission, City Hall,
Arroyo Grande, California.
5. Public Resources Code Section 21081.6 requires the City to adopt a
reporting or monitoring program for the changes to the project it has
adopted or made a condition of approval in order to mitigate or avoid
significant effects of the approval, and such changes, with their
corresponding permit monitoring requirements, are hereby adopted as
Resolution No. 98-1679 .
Conditional Use Permit Case No. 98-571
Rite Aid
December 15, 1998
Page 3 of 3
the monitoring program for the project. The monitoring program is
designed to ensure compliance during project implementation.
6. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the Planning Commission 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 adopts a Negative Declaration, instructs the Secretary
to file a Notice of Determination, approves Conditional Use Permit Case No.
98-571, with the above findings and subject to the conditions as set forth in
Attachment "A", attached hereto and incorporated herein by this reference.
On motion of Commissioner �REENE , seconded by Commissioner HANEY ,
and by the following roll call vote, to wit: �
AYES: COMMISSIONERS PARKER, KEEN, HANEY, GREENE AND CHAIR LUBIN
NOES: CVONE
ABSENT fJoNE
The foregoing Resolution was adopted this 15` day of December, 1998.
ATTEST:
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Pearl L. Phinney, Commission lerk
AS TO CONTENT:
mes Hamilton, AICP
Community Development Director
ATTACHMENT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 98-571
RITE AID, GRAND AVE. & OAK PARK BLVD.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes construction of a commercial building of approximately
16,600 square feet at the corner of Grand Avenue and Oak Park Boulevard, City of
Arroyo Grande, California.
The applicant shall comply with the following conditions:
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 98-
571.
3. This e�4+e$�ie+� approval shall automatically expire on December 15, 2000
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 December 15, 1998 and marked
Exhibit "A".
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.
6. Prior to issuance of a final certificate of occupancy, the developer shall provide
mail receptacles for the units as required by the Postmaster of the Pismo Beach
Post Office.
7. All walls (including retaining walls), fences, or combination thereof, within the
front setback area, shall be no more than 3 feet in height. Unless specifically
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CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 2 of 11
approved through the appropriate procedure, no other wall (including retaining
walls), fence, or combination thereof shall exceed six feet (6'1 in height.
LIGHTING
8. Prior to issuance of a building permit, an exterior lighting plan and site lighting
footcandle plan shall be prepared subject to the review and approval of the
Community Development and Police Departments which shall comply with the
provisions of Development Code Sections 9-10.080, 9-12.070 C(3), and 9-
15.040. Only high-pressure sodium vapor lights shall be used for all external
lighting.
NOISE
9. Construction shall be limited to between the hours of 7am and 10pm Monday
through Friday, and between 8am and 5pm on Saturday.
DEVELOPMENT CODE
10. Development shall conform to the General Commercial zoning requirements
except as otherwise approved.
11. Signage shall be subject to the requirements of Development Code Chapter 9-
13. Prior to the installation of any sign, all necessary permits and approvals
shall be obtained. Prior to issuance of a building permit or recordation, any
illegal signs shall be removed.
12. 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. (t 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, etcetera, shall cause
the objectionable material to be directed away from residential properties.
13. 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.
14. Setbacks, lot coverage; and floor area ratios shall be as shown on the
development plans, Exhibit "A", except as specifically modified by these
conditions.
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 3 of 11
15.
16
17.
18.
All parking spaces adjacent to a wall, fence, or property line shall have a
minimum width of 11 feet.
All planted areas shall be separated from the driveway by concrete curbs or
established hedges.
The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations."
Prior to occupancy, the developer shall comply with Development Code Chapter
9-15, "Improvements". All above ground utilities shall be undergrounded.
19. Prior to occupancy, the developer 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".
20. Prior to issuance of grading or building permits, the developer shall comply with
Development Code, Chapter 9-12, "Parking and Loading Requirements".
21. 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.
LANDSCAPING
22. 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 Planning Commission, Community Development, Police,
Building and Fire, 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)
(2)
(3)
Deep root planters shall be included in areas where trees are
within five feet (5') of asphalt or concrete surfaces and curbs;
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
All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
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CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 4 of 11
(4) An automated irrigation system.
(5) Areas separating parking from adjacent streets shall be be
screened with earthen berms, walls, and planted materials which
shall insure that a minimum screen height of 36 inches is
obtained.
(6) A minimum 10 foot wide planted setback area shall be maintained
along all street frontages.
SOLID WASTE
23. Solid waste pick-up location as identified is acceptable. The property owner
shall construct a City standard trash bin enclosure approved by Community
Development Department and Public Works Department. Solid waste pick-up
for the subject site shall be provided by bin service only.
24. 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.
25.
26.
Trash enclosures shall be reserved exclusively for dumpster storage.
Miscellaneous boxes, bins, racks, etc., will not be allowed within the enclosure.
Interior vehicle travelways shall be designed to be capable of withstanding
loads imposed by trash trucks.
PARKS AND RECREATION DEPARTMENT CONDITIONS
TREE PRESERVATION/TREE REMOVAL PLAN
27. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree
Ordinance, if applicable.
POLICE DEPARTMENT CONDITIONS
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29.
Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
30. 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
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 5 of 11
UBC UFC
31. 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 LANES
32. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
FIRE FLOW/FIRE HYDRANTS
33.
34.
Project shall have a fire flow per UFC standards.
Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire
Department and Public Works Department standards.
SECURITY KEY BOX
35. Prior to occupancy, applicant must provide an approved "security key vault,"
per Building and Fire Department guidelines.
FIRE SPRINKLER
36. Prior to final inspection, all buildings must be fully sprinklered per Building and
Fire Department guidelines.
OPTICOM DEVICE
37. An opticom traffic signal pre-emption device shall be installed that meets
Building and Fire Department requirements at Grand Avenue and Oak Park
Boulevard.
SPEC/AL COND/T/ONS
38. Credits shall be allowed per demolition permits on file with the City.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be
complied with prior to finalizing the building permit, unless specifically noted
otherwise.
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 6 of 11.
GENERAL IMPROVEMENT REQUIREMENTS
39. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
40. 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:
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.
f. Landscaping and irrigation.
41.
builts).
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
42. 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.
43. Prior to performing any work within a public right of way, the applicant shall be
responsible for obtaining an encroachment permit from the applicable agency
(City of Arroyo Grande and/or City of Grover Beachl.
44. Prior to performing any final street paving, all underground improvements shall
be installed.
45. Prior to issuance of building permits, the applicant shall provide to the City a
striping plan acceptable to the City for the intersection of Oak Park Boulevard
and Grand Avenue. No building permit shall be issued unless and until the City
Engineer has approved the striping plan.
46. Prior to finalizing the building permit, the applicant shall construct modifications
to the intersection of Oak Park Boulevard and Grand Avenue. The modifications
shall include restriping and signage in all directions as necessary to provide
transitions from existing to the approved intersection striping diagram, and
relocation of traffic signal detector loops.
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 7 of 11
47. Prior to finalizing the building permit, Oak Park Boulevard shall be designed from
the intersection with Grand Avenue to the intersection with Brighton, and along
Brighton to the existing full width improvements. The developer shall construct
the Oak Park improvements adjacent to the site. The design and construction
shall include the following:
a.
b.
c.
d.
e.
Striping and signage.
Widening on the east side to a width based on lane striping plan as
approved by the City Engineer.
A 6-foot wide concrete sidewalk with concrete curb and gutter on the
east of the street.
Right of way dedication on the east side shall extend to the back of
walk.
The structural section shall be based on a minimum TI as determined by
the City Engineer �
48. Prior to finalizing the building permit, the applicant shall design and construct a
bus turnout on Grand Avenue. The bus turnout shall be located on the north
side of the street, east of the project site. The applicant shall obtain additional
right of way dedication required for the turnout.
49. 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.
50. Prior to approving the building permit, the applicant shall prepare minor
revisions to the drive approach and island designs to provide for easier entrance
movements to the parking lot and drive-thru lanes. The Director of Community
Development and the Director of Public Works shall approve the proposed
revisions.
51. Prior to finalizing the building permit, the property owner shall offer for
dedication to the public, right-of-way for the widening of Oak Park Boulevard
•d across the project frontage, and Grand Avenue for the bus turnout.
52. Prior to finalizing the building permit, a Public Utility Easement (PUE) shall be
dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE
shall be wider where necessary for the installation or maintenance of the public
utility vaults, pads, or similar facilities.
53. Prior to finalizing the building permit, street tree planting and maintenance
easements shall be dedicated adjacent to all street right of ways. Street tree
easements shall be a minimum of 10 feet beyond the right of way.
54. Prior to finalizing the building permit, the property owner shall dedicate
easements for the shared use of the parking lots for the property to the east.
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 8 of 11 �
The shared use shall include access, drainage, public water, and public utilities.
The easements shall be recorded in a form approved by the City.
55. All grading shall be done in accordance with the City Grading Ordinance.
56. All drainage facilities shall be designed to accommodate a 100-year storm flow.
57. A p�eliminary soils report for the project shall be prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
58. Street structural sections shall be determined by an R-Value soil test.
59. Prior to finalizing the building permit, the applicant shall design and construct an
underground storm drain system collecting the site drainage to the existing drop
inlet at the northwest corner of Grand Avenue and Courtland.
60. Prior to finalizing the building permit, the applicant shall provide calculations
that identify the fire flow available to the site. If the system does not meet the
flow required by the Fire Department, the applicant shall upgrade the system as
required by the Fire Chief and the Director of Public Works. Onsite fire
hydrants and water mains shall be public and shall be provided with necessary
easements.
61. Prior to finalizing the building permit, the developer shall comply with
' Development Code Chapter 9-15.050. All existing above ground utilities within
the site, those within 6 feet of the side and rear lot lines shall be relocated
underground. -
62. All new public utilities shall be installed as underground facilities.
63. Prior to finalizing the building permit, all public utilities shall be operational.
64. All improvement plans shall be submitted to the public utility companies for and �.
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 as specified below. The City is
currently in the process of considering updating the cost and structure of all
development impact fees and processing fees listed below. The City is also in the
process of developing a fire impact fee. The applicant shall pay the fees in effect at
the time they are due. Notwithstanding the above, the fees paid shall not exceed 150
percent of the fee in at the time of this approval: .
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 9 of 11
65. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a
�
c.
,�
Plan check for grading plans.
Based on an approved earthwork estimate
(Chapter 33 of 1994 Uniform Building Code1.
Plan check for improvement plans.
Based on an approved construction cost estimate
(1 °/a of construction costs up to 5100,000), plus
('/z % of construction costs over S 100,000).
Permit Fee for grading plans.
Based on an approved earthwork estimate
(Chapter 33 of the 1994 Uniform Building Code).
Inspection Fee of subdivision or public works construction plans.
Based on an approved construction cost estimate.
(4% of construction costs up to S500,000), plus
(3% of construction costs between S500,000 and 51,000,000),
plus (2% of construction costs over $1,000,000).
66. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a.
b.
r c.
d.
e.
f.
9•
h.
i.
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 6-
7.22.
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.
Drainage fee, as required by the area drainage plan for the area being
developed.
Construction Tax, the applicant shall pay a construction tax pursuant to
Section 3-3.501 of the Arroyo Grande Municipal Code.
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CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 10 of 11
j. Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
k. 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.
I. 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.
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CONDITIONS FROM ENVIRONMENTAL DOCUMENT
67. Grading and drainage at the site shall be consistent with the recommendations
set forth in the Updated Soils Engineering Report for Rite Aid Pharmacy, May
20, 1998 by Earth Systems Consultants, pages 6-13, attached to this
document.
68. Dust generated by the development activities shall be kept to a minimum
with a goal of retaining dust on the site. The dust control measures listed
below shall be followed during construction of the project:
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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.
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.
Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
Plan Requirements: All requirements shall be shown on grading and building plans.
Timing: Condition shall be adhered to throughout all grading and construction
periods. ,
MONITORING: Community Development Department shall inspect plans, and shall
spot check in the field.
69. In the event archaeological remains are encountered during grading, work
shall be stopped immediately or redirected until a City-approved
CONDITIONS OF APPROVAL
RITE AID; CUP 98-571
December 15, 1998
Page 11 of 11
archaeologist and Native American representative are retained by the
applicant to evaluate the significance of the find. If remains are found to be
significant, they shall be subject to a City-approved mitigation program
funded by the applicant.
Plan Requirements/Timing: This condition shall be printed on all building and
grading plans.
MONITORING: The Community Development Department shall check plans prior to
approval of the grading permit(s) and shall spot check in the field.
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