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