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PC R 98-1647C7 RESOLUTION NO. 98-1647 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINQTION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 97-560, APPLIED FOR BY DAN BLOUGH, AT 495 GRAND AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 97-560, filed by Dan Blough, for construction of a 3,400 square foot automotive repair building; 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 draft 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: 1. The proposed use is permitted within the_ subject district pursuant to the provisions of Section 9-03.050 of the Development Code, and compfies with all applicable provisions of the Development Code, the goals and objectives of the � Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses and is located in the Highway Commercial District. 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. Resolution No. 98-1647 Conditionai Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 2 of 12 Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because its 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. The proposal will not impair the desirability of investment or occupation in the neighborhood. Minor Exception Findings: 1. That the strict or literal interpretation reg�lation would result in practical hardship. Specifically, meeting the s would deprive the applicant use of topography. and endorsement of the specified difficulty or unnecessary physical rict height requirement of six feet the site because of the sloping 2. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generaJly to other properties in the same District. Specifically, the topography and location of adjacent buildings are unusual. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same District. Specifically, the adjacent property has a retaining wall greater than eight feet in height. 4. . That the granting of the Minor Exception will not constitute a grant of special � privilege inconsistent with the limitations on other properties classified in the same District and will not be detrimental to the public health, safety, or welfare, • or materially injurious to properties or improvements in the vicinity. � Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 � Page 3 of 12 5. That the granting of a Minor Exception is consistent with the objectives and policies of the General Plan and the intent of the Development Code. 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. 97-560. 2. Based on the initial study, a negative declaration was drafted 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 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 Secretacy to file a Notice of Detecmination, and approves Conditional Use Permit Case No. 97-560, 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 by Commissioner O'Donnell, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Rondeau, Haney, 0'Donnell, Lubin NOES: Commissioner Greene ABSENT: None � the foregoing Resolution was adopted this 20th day of January, 1998. ATTEST: - �� � Pearl L: Phinney, Commission erk S TO ONTENT: i o�a.� � .. Doreen �berto-Blanck, AICP Community Development Director Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 4 of 12 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 97-560 Dan Blough 495 Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This Conditional Use Permit authorizes the construction and operation of an approximately 3,400 square foot automotive repair facility to include the sales and service of tires, accessories, minor repair work, and the construction of an eight foot high combination retaining wall/fence adjacent to the south property line. This Conditional Use Permit prohibits major engine repair and auto body repair and painting. 1 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are appficable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 97-560. 3 This application shall automatically expire on January 20, 1999 unless a building permit is issued. Thirty (301 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 January 20, 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 arry 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. ' . � l� ,� � Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 5 of 12 6. 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 approved through the appropriate procedure, no other wall (including retaining walls), fence, or combination thereof shall exceed six feet (6') in height, exce t as allowed bv condition no. 22. LIGHTING 7. 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. • NOISE 8. Construction shall be limited to between the hours of 7am and 10pm Monday through Friday and between 8am and 5pm on Saturday or Sunday. DEVELOPMENT CODE � 10. Development shaU conform to the Highway Commercial District requirements except as otherwise approved. Signage shall be subject to the requirements of Development Code Chapter 9— 13. 11. 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 that generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 12. 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. 13. Setbacks, lot development conditions. coverage, and floor area ratios shall be as shown on the plans, Exhibit "A", except as specifically modified by these Resolution No. 98=1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 6 of 12 14. 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. 15. Prior to occupancy, the development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9- 10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". 16. Prior to issuance of grading or building permits, the developer shall comply with Development Code, Chapter 9-12, "Parking and Loading Requirements". LANDSCAPING 17. 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 Comrriunity Development, Police, Building and Fire, and Parks and Recreation Departments. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detait; 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 �ncorporated into the landscaping plan; and (3) All slopes 2:1 or greater shall. have jute mesh, nylon mesh or equivalent material. (4) An automated irrigation system. SOLID WASTE 18. Solid waste pick-up location as identified is acceptable. 19. Trash enclosures shall be reserved exclusively for dumpster storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 7 of 12 " SPEC/AL COND/T/ONS 20. 21 22. All repair activities and operations shall be conducted entirely within the building. No vehicles shall be stored outside for more than seven (7) days. All outdoor storage shall be screened by a four sided enclosure architecturally compatible with the building. The combination retaining wall and wrought iron fence adjacent to the south property line shall not exceed eight (8) feet in height. 23. The following design details shall be incorporated into the project design based on the project review by the AAC: � a. A decorative salt finish treatment shall be used on sidewalks in front of the building; b. All the exposed connecting brackets shall be black; c. The roll up doors shall be baked enamel and painted to match the building color. POLICE DEPARTMENT CONDITIONS 24. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. 25. 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). SPEC/AL COND/T/ONS - • - - - - - -- - -- - - - -- - - BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 27. 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. Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 8 of 12 SECURIN KEY BOX 28. Pcior to occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. _ ABANDONMENT/NON-CONFORMING 29. Prior.to issuance of a grading permit or building permit, whichever occurs first, app(icant shall show proof of properly abandoning alt non-conforming items such as septic tanks; wells, underground piping and other undesirable conditions. SPEC/AL COND/T/ONS 30. Prior to issuance of a grading permit, the appficant shall submit a soils report. PUBLIC WORKS DEPARTM�NT CONDITIONS All Public Works flepartment 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 31. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 32. All project improvement5 shall be designed and constructed in accordance with City standards and specifications. Plans withirt the right-of-way shall include profile drawings. Improvement plans (including the following) shall be prepared by a registered Civil Engineer and approved by ttie Publ�c Works Department: a. Curb, gutter and sidewalk. (repair of broken sections) b. Public utilities. (services) c. Water and sewer. (services} 33. 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. � The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way (City or Caltrans). n � � _J Resolution No. 98-1647 Conditional Use Permit Case No: 97-560 Dan Blough � January 20, 1998 . Page 9 of 12 GRADING AND DRAINAGE 35 36. All grading shall be done in accordance with the City Grading Ordinance. All drainage facilities shall be designed to accommodate a 100-year storm flow. PUBLIC UTILITIES 37. 38. 39. All new public utilities shall be installed as underground facilities. All existing public utilities which are onsite shall be placed underground, as determined by the Public Works Director. , _ Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. . 40. 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 Code). Plan check for improvement plans. Based on an approved construction cost estimate (1 % 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 5500,000), plus (3% of construction costs between S500,000 and 51,000,0001, plus (2% of construction costs over S 1,000,000). 41. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 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. Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 10 of 12 _ 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 Ord. 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 Ord. 346 C.S., Res. . 1955. g. Sewer Permit fee, to be based on codes and rates in effect at the time of builciing permit issuance, in accordance with Municipal Code 6-6.405. h. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. � i. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. j. Strong Motion Instrumentation Program �SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State r�randate. k. 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. � BONDING SURETY 42. Prior to issuance of the grading or building permit, all new residential construction requires posting of a S 1200.00 �performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of #he work, less expenses incurred by the City in maintaining and/or restoring the site. 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 writFng by the monitoring department or agency that the mitigation measures have been implemented. � � Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 11 of 12 WATER 1. The applicant shall submit, for review and approval by the City Council, an individual water program that will neutralize projected water demand for the project. The approved program shall be implemen2ed prior to issuance of building permits. Time Frame: Prior to issuance of building permits Monitoring Department: Public Works Department 2. All 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. Time Frame: Prior to issuance of building permits Monitoring Department: Building and Fire Department 3. 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 i�rigation shall be minimized. Time Frame: Prior to issuance of building permits Monitoring Department: Parks and Recreation Department DRAINAGE 4. The applicant shall submit a final drainage plan to construct a new drainage inlet to collect runoff from the site and the adjoining common access driveway. The inlets shall be connected to the existing 18" storm drain, as approved by the Director of Public Works. Time Frame: Prior to issuance of grading permits Monitoring Department: Public Works Department ARCHAEOLOGY 5. A monitor with knowledge of archaeological resources shall be present during all construction excavation. The following note shall be placed on the grading and improvement plans for the project: Resolution No. 98-1647 Conditional Use Permit Case No. 97-560 Dan Blough January 20, 1998 Page 12 of 12 "In the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the resources are reviewed to determine their significance. If human remains fburials? are encountered, the County Coroner (781-4513) shall be contacted immediatety. The applicant may be required to provide archaeological studies an/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site." Time Frame: Prior to issuance of a grading permit Monitoring Department: Public Works and Building