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PC R 97-1617RESOLUTION NO. 97-1617 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AfiROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND �APPROVING CONDITIONAL USE PERMIT CASE NO. 97-550, APPLIED FOR BY JOHN AND MAUREEN GUTIERREZ TO OPERATE A DELICATESSEN AT 203 EAST BRANCH STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 97-550, filed by John and Maureen Gutierrez to remodel an existing commercial building into a delicatessen with an outdoor eating area; 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-for this project in compliance with the provisions of the California Environmental Quality Act {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 Sections 9-03.050 and 9-11.080 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. s 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. 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. 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 Ptan, 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 working in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. � Resolution No. 97-1617 Conditional Use Permit Case No. 97-550 John and Maureen Gutierrez 203 E. Branch Street May 6, 1997 Page 2 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. Department of Fish and Game Required Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Conditional Use Permit Case No. 97-550. 2. Based on the initial study, a negative declaration was prepared for review by the public and review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or 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 with mitigation measures, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 97-550, and the associated architectural review, with the above findings and subject to the conditions set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Greene, seconded by Commissioner O'Donnell, and by the following roll call vote to wit: AYES: Commissioners Greene, O'Donnell, Rondeau, Haney and Lubin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of May, 1997. ATTEST: � ' L ' reese, Commission Clerk A TO CONTENT: cJ�� � - C�C�� � Doreen Liberto-B anck, Community Development Director Resolution No. 97-1617 ATTACHMENT "A" CONDITIONS OF APPROVAL COND(TIONAL USE PERMIT N0. 97-550 John and Maureen Gutierrez 203 East Branch Street GENERAL CONDITIONS � � COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes the remodel of an existing commercial building to operate a delicatessen with an outdoor eating area at 203 East Branch Street, as depicted on Exhibit "A". 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on May 6, 1999 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the appficant may apply for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 6, 1997 and marked Exhibit "A" and the Access Plan "B" as illustrated on Exhibit "A1 ". 4. 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. TRAFFIC/SIGNALIZATION FEES 5. Prior to final inspection, the applicant shall pay the applicable Transportation Facilities Development Impact Fee as required by Arroyo Grande Municipal Code Section 3-2.501 et. seq. 6. Prior to final inspection, the applicant shall pay the applicable Traffic Signalization Fees as required by Municipal Code Section 3-2.3, et.seq. LIGHTING 7. Prior to issuance of a building permit, an exterior lighting plan and site lighting foot-candle 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 9-12.070 C(3) and 9-10.080. Resolution No. 97-1617 NOISE 8. Construction shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday or Sunday. DEVELOPMENT CODE 9. Development shall conform with the VC-D-2.4 zoning requirements except as otherwise approved. 10. Signage shall be subject to the requirements of Development Code Chapter 9-13. Prior to issuance of a building permit or recordation, all illegal signs shall be removed. 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 which 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, subject to the review and approval of the Community Development Director. 13. Walls or fences within the front setback area shall be no more than three (3) in height. Unless specifically approved through the appropriate procedure, no wall or fence shall exceed six feet'(6') in height. 14. All parking spaces adjacent to a wall, fence, or property fine 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 issuance of grading or building permits, the developer shall comply with Development Code, Chapter 9-12, "Parking and Loading Requirements". LANDSCAPING 16. Prior to issuance of building permits, a landscaping and irrigation ptan for the proposed landscape areas shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Parks and Recreation Departments. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; 2 Resolution No. 97-1617 c. The required landscaping and improvements. This includes: 1} Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2) Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3) An automated irrigation system. SOLID WASTE 17. Solid waste pick-up location as identified is acceptable. 18. 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. 19. Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash trucks. PARKS & RECREATION DEPARTMENT 20. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Parks and Recreation/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and specie of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs on trees or adjacent property. 21. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Parks and Recreation Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. POLICE DEPARTMENT CONDITIONS 22. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 3 Resolution No. 97-1617 23. 24. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. UBC/UFC 25. 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 26. Prior to Certificate of Occupancy, applicant must provide an approved "security key vault,° per Building and Fire Department guidelines. 27. The applicant shall record a lot merger for lots 1 and 2, prior to Certificate of Occupancy. OTHER PERMITS 28. Prior to issuance of a building permit, County Health Department approval is required for Food Service Business. � SPECIAL CONDITIONS 29. This project shall comply with all performance standards in Development Code section 9-10.110 and the adopted Noise Ordinance. 30. "Prior to issuance of building permits, a sublease shall be entered into between the City and the applicant for access across Mr. Mankins property. If the sublease between the City and the applicant is terminated for any reason, either the applicant shall provide an alternative legal access to the rear parking lot, or Conditional Use Permit 97-550 shall become null and void." 30a. "Prior to occupancy, the applicant shall restripe two handicap-parking spaces on Mr. Mankins property in compliance with the Uniform Building Code (UBC) Title 24." . 31. The applicant shall submit written verification that legal access can be provided to the rear parking lot. If legal access cannot be provided, as determined by the City Attorney, Conditional Use Permit 97-550 shall become null and void. 32. Within three years, the applicant/business owner shall provide eight (8) additional parking spaces for a total of twenty four (24) parking spaces, and alternative access to the parking spaces. The eight parking spaces shall comply with Development Code Chapter 9-12. 33. Prior to issuance of building permits, the applicant shall submit a Landscape Plan to be reviewed and approved by the Community Development Department and the Parks and Recreation Director. The Landscape Plan shall meet all requirements of Development Code section 9-12.130 for landscaping for off- street parking facilities. 0 Resolution No. 97-1617 34. The following conditions of approval recommended by the Architectural Advisory Committee (AAC) shall be met: a. The perimeter fencing should be Type "A" as shown on the site plan. The fencing should extend along the south property line (Branch St.) and the east property line, with an opening adjacent to the parking lot driveway. The opening should be blocked from vehicular traffic by the placement of several decorative bollards to coordinate with the fencing. A short length of fencing should also be installed along the western property line (adjacent to the existing sidewalk) connecting to the fence on Branch St. b. c. d. e. The trash enclosure should be painted off-white to match the building. The new exterior door on the east building elevation should be glass with trim painted green. The proposed lights should be painted green to match the new exterior door. Patio materials should be floated granite slabs. f. Patio furniture should be granite-like tables, green plastic chairs with other appurtenances such as space heaters and umbrellas to be color coordinated with the furniture. g. � If above ground or overflow drainage is required by Public Works, a decorative cobble drainage swale should be installed. h. The fence adjacent to B�anch Street should be setback approximately 18 to 24 inches, or minimum allowed by the Alcoholic Beverage Control, to allow for a small landscape planter. i. Additional landscaping should be added to create a hedge in the following locations: adjacent to the parking lot (parking spaces 10-13), north of the outdoor seating area, and; adjacent to parking spaces 3-5 (labeled existing shrubs on the plan). 1 k. � Terra cotta potted plants should be used on the patio. The unused area north of the patio should be landscaped or covered with decorative rock. No bark should be used. The existing trees should be relocated to the unused area, north of the patio. m. A revised site plan and detailed landscape plan should be submitted to the Community Development Department incorporating the above recommendations. �� Resolution No. 97-1617 STANDARD MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. WATER 35. The applicani shall submit, for review and approval of the City Council, an individual water program that will neutralize projected water demand for the project. The approved program shall be implemented prior to issuance of building permits. Time Frame: Prior to issuance of building permits. Monitoring Department: Public Works Department 36. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to; low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. Time Frame: During building plan check Monitoring Department: Building and Fire Department 37. All water conserving designs or fixtures shall be installed. Time Frame: Prior to final occupancy of any structure. Monitoring Department: Building and Fire Department 38. All landscaping shall be consistent with water conservation practices including the use of drip irrigation, �riulch, gravel, and bark. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Time Frame: During building plan check Monitoring Department: Parks and Recreation Department SPECIAL MITIGATION MEASURES 39. The drainage facilities shall be designed to accommodate the entire tributary area, including upstream areas, under developed conditions. The design of the drainage facilities shall be in accordance with City standards and to the approval of the Director of Public Works. 40. A drainage easement shall be provided to accept the flow from upstream areas. The width and shape of the easement shall be determined based on the design of the drainage improvements. 41. Concentrated runoff shall not drain over the public sidewalk. The drainage facilities shall include a sidewalk underdrain, or other facility approved by the Director of Public Works. If required by the Director of Community Development, the sidewalk underdrain shall be designed to match the appearance of the existing sidewalk. [: