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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: � \ 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 L- - 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. � 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 � 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. � J 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. • - - �- ---- - - -- -- - - --- ---- -- --- --- --- - - - - -- . . . .. . .. :.:�:.::,�:.�:��.�.::�:,�.::�.�:�;�: - - 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: -� � 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. �