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PC R 96-1563RESOLUTION NO. 9G-15G3 A R�SOLUTION OF T�Ir PLANNING COMnrIISSION OF T`HE CITY OF ARROYO GRANDE ADOPTING A N�GAT�VE DECLARATION WITH MITIGATION M�ASURES, INSTRUCTING THE SECRETARY TO FIL� A NOTICE O� DF'�'ERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 96-544 AND THE ASSOCIATED ARCI-IITECTURALREVIEW, APPLIEI?FOR BY MICIiAEL C. THOMAS, AT 122 LE POINT STREET WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 96-544, filed by Michael C. Thomas, to Construct a two story, 2,003 square foot commercial office building and related site improvecnents; and WIICREAS, tl�e Planning Comrnission has held a public h�aring vn these applications in accordance with City Code; and , WH�REAS, the Planning Commission has fo�md that this project is consistent with the General Plan and the Environmental documents associated therewith; and WII�REAS, lhe Planning Commission has reviewed the draft negative declaration and mitigation measures under the provisions of tlie California Environmental Quality Act (CEQA); and WI the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Condition�l Use Pern�it rindii�gs: 1. Tl�e proposed use is permilled 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 tl�e integrity and character or the district in wliicl� it is to Ue established or located. 3. The site is suitable for tl�e type ar�d iritensity of use or developtnent thaf is proposed. There is adequate parking on site for tl�e use and site drainage, setbacks and landscape areas can be accommoclated. 4. There are adequate provisions for water, sanitatio►t, and public utilities and services to ensure the public health and safety. 5. The proposed t�se will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity. Architect.ur:�l Review Findi»gs 1. TI�e proposal is consistent with tlie Village Commercial District design standards establislied in tl�e "Design Guidelines for Historic Districts" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps o� the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The progosal will not be detrimental to t}ie health, safety, comfort and general welfare of the persons working or residing in the neighborhood of the proposed project. Resalut.ion No. 96-1563 Condilio�ial Use Perniit Case No. 96-544 Micl�ael C. Tl�omns June 20, 1996 Page 2 4. 5. 6. � � The general appearance of the proposal is in keeping with the character of the neigl�borl�ooci. Tlie proposal is not detrimental to tl�e orderly and harmonious clevelopment of tl�e Cily. The proposal will not impair the desirability of investment or occupation in tl�e neighborhood. Dep�i of I+ish and Game Required Tindings of �xemption 1. The City of Arroyo Grande l�as prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 96-544. 2. Based on tfle initial study, a negative declaration drafted for review by tlie public and review and approval by tl�e 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 t}iat tl�ere is no substantial evidence of any significant adverse 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, 1H�R�I�OR�, BE IT RrSOLV�ll 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 lletermination, and approves Conditional Use Permit Case No. 96- 544 and the Associated Arcliilectural Review, witil the above findings and subject to the conditions and mitigation measures as set forth in Altachments "A" and "B", attached hereto and incorporated herein by this reference. On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AY�S: Commissioners Tappan, Deviny, Lubin, Soto, Carr, Beck and Keen NO�S: Nane AI3S�NT: None the foregoing Resolution was adopted tl�is 20th clay of June, 1996. ATTLST: �� 1 -� i e r� ; A TO C� a�.-., Doreen Li � �� mission lerk Jo een, Cha' efson . ' Ct,c�� �ck, Community ment Director ATTACHMENT "A" CONDITIONS OT APPROVAL CONDITIONAL USE PERMIT NO. 96-544 MICI C. THOMAS � 122 LePoi�it Street GENERAL CONDITIONS COIVIMUNITY D�VELOPMENT b�PARTM�NT Tl�is approval authorizes canstruction of a 2,003 square foot commercial office building and appuFtenant parking lot, landscaping and site facilities as depicted on "Exhibit A". The project includes 1,283 square feet of office area on tl�e second story and 720 square feet and office area on tl�e first story witl� a porte cochere (drive-tl�ru) leading to parking in tlie rear of tlie property. 1, The applicai�t shall ascertain and comply with all Federal, State, Coiinty and City req��i�ements as are applicaUle to lhis project. 2. The applicant shall comply with all conditions of approval for Planned Sign Program Case No. 96-120. 3. This application sh�ll automatically expire on June 20, 1998 unless a building pennit is issued. Tl�irty (3U) days prior to tlie expiratior� of ttie approval, tlie 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 Coix�mission at tlie meeting of 3une 4, and June 20, 1996 and marked "Exhibit A" . 5. Tlle applicant shall agree to defend at his/her sole expense any activn brought against the City, its present or fvrmer agents, officers, oc employees because of tlie issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish sucli approval. Tlie applicant shall reimburse the City, tts agents, officers, or employees, for any court costs and attorney's fee's wliich tiie City, its agents, officers or employees may be required by a court to pay as a result of such a�tion. Tt�e 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. 'I'RAFFIC/SIGI�FALIZATION FLCS 6. Prior to fin�l inspect.io�i the applicant shall pay the applicable Transportation Facilities Development Impact Fee as required by Arroyo Grande Municipal Code Section 3-2.501 et. seq. Tlie fee based ort tl�e above square footage shall be $2,156.11. 7. Prior to final inspection, the applicant shall pay the applicable Traffic Signalization Fees as required by Municipal Code Section 3-2.3, et.seq. The fee based on the above square footage sl�all Ue $307.50. LIGI�TING g. 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 Polzce Departments wf�ich shall co►nply witli the provisions of Development Code Sections 9-12.070 C(3) and 9-IO.fl80. I� _� �2) Tree staking, soil preparation and planting detail; The use of landscaping to screen groiu�d-mowited utility and mechanical equipment; (3) The required landscaping and improvements. This includes: (a) Deep root planters sl�all be inclucleci in areas where trees are witl�in five feet (5') of asphalt or concrete surfaces and curbs; (b) Water conservation practices including the use of low Flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulcl�es shall be incorporated into lhe landscaping plan; and (c) (d) All slopes 2:1 or greater shall have jute mesl�, nylon mesh or equivalent malerial. An automated irrigation system. Fa I � - NOISE � Construction shall be limited to between the hours of 7am and lOpm Monday lhrough Priday and between 8am and Spm on Saturday or Sunday. DEVELOPMLNT COD� 10. Development shall conform witli the Village Commercial zoning reqtiirements except as otherwise approved. . 11. Signage shall be constructed as approveci by I'lanned Sign Program Case No. 96-120. In case of a conflict between "Exhibit A" and the Planned Sign Program, the Planned Sign Program shall take Precedence. 12. Prior to issu�nce of � certificate of occupancy, all ducts, meters, air conditioning eqtiipment and all other mechanical equipment, whether on the ground, on the structure or elsewl�ere, shall be screened from p�iblic view with materials arcliitecturally compatible willi tl�e main structure. It is especially important tt�at gas and electric meters, electric transfor►ners, and large water piping systems be completely screened from public view. All roof-moimted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material to be direcled away from residential properties. 13. Prior to fin�l iuspection, the developer shall comply with Development Code Chapter 9-15, °Improvements". All ab�ve ground utilities shall be undergrounded. 14. Prior to final inspection, 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". LANDSCAYING 15. Prior to issuai�ce of � grading permit or builcling perinit, a landscaping and irrigation plan sl�all be prepared by a licensed landscape arcl�itect subject to review and approval by lhe Community Development, Police, IIuilding and rire, and Parks and Recreation Departments. The landscaping plan shall include the following: (1) �OLID WASTE 16. Solid waste pick-up location as identified is acceptable. 17. Inlerior veliicle tr'ave.lways shall be designed to be capable of witlistanding �oads imposed by trasl� trucks. PARKS AND RECREATION DEPARTM�NT CONDITIONS TRBE PRESERVATIbN/TI�EE REMOVAL PLAN 18. Prioi• t.o issuance of a gradii�g or building perinit, the developer shal� submit a tree preservation and trEe removal plan to the Director of Parks and Recreation/City Arborist for undevelopeci parcels or lots witl� trees. Tl�e plan shall include the lvcation, size and specie of all trees located On the lot or on adjoining lots, where development could affect tl�e roots or limbs on trees or adjacent property. 19. Prior to issuai�ce of �► gradiiig pei•mit, all trees to temain on site sliall be marked with paint/ribbon and protected by a five (5') foot vinyl or cliain link fence. Tlie fence shall be located at a tninimum of eigtlt (8') foot radius from tl�e trunk of the tree. 20. All trees on the construction site to be preserved shall be protected under the conditior�s of the Community Tree Ordi�iance (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 equi.pment, supplies, tools, etc., within 8' of the trurtk of any tree. c. No grading s4iall occur under a trees driplic�e, unless approved by the Parks and Recreation Director. d. A five foot (5') protective fence sliall be constructed a mini�num of 8' from ttie trunk of each tree. 21. All trees to be pruned, shail be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. SPECIAL CONDITIONS 22. Due tv tlie large root system, �tYdian Laurel Fig (shown on preliminary landscape plan) sl�all not be planted, insteacl a more desirable small tree or sllrub (J�panese Maple, etc.) shall be substituted. POLIC� D�PARTMENT CONUITIONS 23. Prior tD issus�nce of � cei-tific�te of occup�ncy, the applicant shall post handicapped parking, per Police Department requirements. BUILDING AND TIR� DEPARTM�NT CONDITIONS ADDRES S ES 24. Prior tb issuauce of � certific�t.e of occ��pancy, all addresses shall Ue visible at the street and on tl�e building. 3 J U13C/UFC 25. Tl�e project sf�all comply willi tl�e most recent eclitions of the California State Fire and Building Codes and the Uniform I3uilding and Fire Codes as adopted by the City of Arroyo Grande. 26. All roofs sl�all be class "A". CONSTRUCTION TAX 27. Prior to issuance of a Certificate of Occupancy, applicant shall pay a construction tax pursuant to Article 5, Chapter 3, Title 3 of tl�e Arroyo Grande Municipal Code. FIRE HYDRANT/FIRE SPRINKLER 28. Prior to framing inspection, the building shall be fully sprinklered per Building and Fire Department guidelines or a fire hydrant shall be installed, as required by Fire Department and Public Works Department standards. ABANDONMENT/NOIV-CONFORMING 29. Prior to issuance of a gr�ding permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items sucl� as septic tanks, wells, underground piping and olher undesirable condilions. SOILS REPORT 30. Prior to issuance of � gracliug perinit, a site specific soils report is required subject to review by the City Engineer. SECURITY KEY BOX 31. Pi•ior to Cei of Occup�ncy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. DEMOLITION PERMIT/RETAINING WALLS 32. Separate permits must be obtained for retaining walls. COMPACTION TEST 33. Prior to concrete pour iuspection, compaction tesls are required in lhe footings. ELECTRICAL CONDUIT 34. Electrical conduit sl�all I�ave separate ground wire installed. PUBLIC WORICS DrPARTMCN'I' CONDITIONS All conditions of approval l�erein specified, uuless otl�erwise notecl, are to be complied with prior to the issuance of the building permit. 4 STREETS 35. 36. The applicant s}iall offer for dedication to tl�e public by separate docume�t a portion of tlie subject property for zoad widening purposes (per LePoint Street ;mpro�vement plans). Improvernents required for developing parcel will include street paving, curb, gutter, sidewalks, landscaping, tl�e required utilities, grading and drainage. GRADING 37. All grading sl�all l�e done in accordance witl� tlie City o� Arroyo Grande Grading Ordinance No. 303 C.S. IMPROVEMENTS 38. 39. The following improvements sl�all be designed in accorclance witl� City specifications and standards: a. Street plan and profile; b. Water �l�n; c. Sewer �lan; d. Grading and erosion control plan for project related improvements; e. Public utility location; and f. The purnping system of improvement water to LePoint Street and the installation of an AC berm along LePoint Street between the subject property and Nevada Street. Prior to improveuient ��lans �pprov�l, the applicant shall enter into an agreernent witl� the City for inspection of said improvements. SEWER 40. Applicant shall extend sanitary sewer in LePoint Street to the frontage of property. Tiie minimum size of tl�e sewer lateral shall be 4". PUBLIC UTILITIES 41. All �iew public utilities sllall be undergrounded to comply with t11e Development Code. 42. At time of Public Improvement Plan review, plans shall be su6mitted to all applicable public utility companies including but not limited tv Pacific Gas and Electric (P.G.& E.), General Telephone {G.T.E.), Cable TV and Southern CaliforAia Gas Company for review. Comments from the utilities regarding required easements, transformer locations, etc. sl�all be forwarded to Public Works Department for review and approval. Tlie utility companies shall approve the plans where their utility plans are shown. EASEMENTS/DEDICATIONS 43. A minimum 6' Public Utility, Cable TV, and Telephone easement shall be dedicated adjacent to all street right-off-way. All public titility easements sl�all be shown on the map. 5 44. '1'he applicant shall dedicate 6' tree planting and maintenance easements adjacent lo all public street rigl�t-of-way, or as directed by tlle Parks and Recreation Department. SOIL TESTING 4_5. Prior to issu�nce of a building permit, a preliminary soils report, prepared by a civil engineer registered in tl�is state, and based upon adequate test borings, shall be required and submitted to Public Works Department lo comply with Government Code 66490. 46. F�ES 47. 48. Prior to ApprovAl of improvement plaus, a soils analysis will be required for the determination of street slructural sections. Note: The fees given at tl�is time are estimates calculated using rates currently in effect. The actual amount due shall be calculated using fee rales in effect at the time of payment. Public In�proven�ent I'lan Pl�nchecic And Inspection fees shall be paid based on approved estimated cost of public improvements in accordance with Resolution No. 2470. All of the fee shall be collected prior to issuance of grading permit. BONDS/SURETY 49. I+zithful Performance - 100% of the approved estimated cost of all public improvements. 50. 51 Labor & M.�terials - 50% of the approved cost estimate. One Year Guar�ntee - 10% of the approved cost estimate. R�PORTS/PLANS 52. Public improvement plans prepared by a registered civil engineer and approved by the Public Works Department will be rec�uired. Improvement plans sl�all include surface improvements plan and profile, underground improvements plan and profile, and signing and striping plans for all arterial streets. 53. The cleveloper sl�all be res�onsible during c�nstruction for cleaning cily streets, curbs, gutters and sidewalks oP dirt lracked fro►n the subject site. The flushing of dirt and debris to storrn draiii or sanitary sewer facilities sliall not be per►nitted. Tl�e cleaning shall be done after eacl� day's work or as directed by tl�e Director of Public Works or the Community Development Direclor. 54. All required improvements shall be designed and constructed in accordance with the City of Arroyo Grande Slandard Specifications and Drawings. ENGINEERING 55. After tl�e requested information is added to tlle plans tliey shall be resubmitted to tlie Public Works Department for cl�ecking and approval prior to issuance of a building permit. The following items shall be incorporated and labeled as proposed or existing, on the site/ucility plan before resubmittal: � � i a. b. c. d. Location & sizes of all public water, sewer 8c storm drainage facilities in abutting streets/alleys. Location, quantity & sizes of all proposed/existing sewer & water laterals. Sl�ow all parcel lines and easements crossing the project site. Location of street liglits, utility poles, guy wires, telepl�one facilities, gas lines and so forth. 56. Tl�e following are estimates of Public Works fees which will be collected, prior to issuance of grading pern�it. � WATER See Condition 47 Appt•oximate Cost = IIased on approved estimated cost of iFnprovements. 57. These plans do not address water service. Identify wl�etl�er or not an additional water service is proposed or whether tlie developer intends to ut�lize an existing water service. If additional units are to be added to the existing water service, thre service size s}iall be evaluated to det�rmine if it is adequate for the increased water usage. �8. Backflow prevention de�ices shall be installed by fhe applicant on all water services as required by tl�e Water Superintendent, County Health Officer or their representatives as necessary for tl�e safet}t af tlie water system. Exarnples of the types of uses requir.ing backflow prevention include medical uses, landscape services, on-site p��mUing wl�ich incorporates pum�is, etc. If in doubt, contact the City Water Superintendent for determiiiation. Sl�ow backflow prevention devices on building plans at time of submittal. 59. .1 Each water metet will require a se��arate lateral to the mainline. Identify as such on the �uilding plans. Any existing water services not to be utilized by this development shall t�e abandoned by tl�e developer at tl�e mainline per City requirements. WASTEWATER 61. Tl�ese plans do not address sewer service. Identify whether or not an additional sewer service is proposed or whether tl�e developer intends to utilize an existi�g sewer lateral service. �f adclitional plumbing fixtures are to be sewered to tfi�e existing lateral, tl�e lateral size sl�all be evaluated by the developer's engineer to determine if it is adequate for the increased sewage, said decision shall be subject to review and approval by the Public Works Director. If tl�e lateral is smaller than wliat is dete{mined by ttie Public Works Direclor to be necessary then the developer shall be responsible to install an additional sewe�- lateral. SPECIAL COI�DITIONS 62. Tl�e applicant sliall upg� tl�e existing 4" water main to S" iA LePoi��t Street along property frontage. 7 63. 1'he applicanl shall submit a drainage �plaii, to ttie salisfaction of the Public Works Director, tl�at provides for taking drainage to a safe point of discfiarge, wliict� does not impact adjoining properties. This may include securing a drainage easement to discharge at Branch Street or a pumping syslem and public improvements, including installation of an AC berm along Lel'oint Street, to carry drainage from LePoint Street to Nevada S treet. ARCHIT�CTURAL ADVISORY CO�VIMI1'TEC CONDITIONS 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. The areas shown as brick on tl�e plans st�all be constructed with a recl brick facade. The tl�ickness of tl�e parapet sliall be increased fro►n tl�at whicl� is proposed and parapet transition sl�all be stepped down. Architectural relief, si►nilar to tl�at whicl� is sl�own on the west elevation, sliall be incorporated into the design of the east elevation. Ground cover, shown on the sile plan as proposeci for the planter along the rear of the building, sl�all be replaced witl� low lying slirubs. The stucco apron shall be finished to look like stone. The windows shall all be the same era type windows. This could involve the use of wood mullions. The trash enclosure shall match the building materials. The light fxtures shall be period fixtures subject to review and approval of the AAC. The applicant shall include ornamental style bumper stops rather lhan steel posts. Final colors are subject to review and approval of the AAC. All roof mounted mechanical equipment should be located as close to the front building parapet as possible or screened. Doors shall be of period design, subject to review and approval of tl�e AAC. The wood fence should be of period design and is subject to review and approval of the AAC. Exposed retaining walls sl�all be split face block or stuccoed to match the building. If lhe project is approved, lhe �AC shall review the final working drawings prior to issuance oF building permits. , ATTACHM�NT "B" MITIGAT�ON M�ASURT�S CONDITIONAL US� PERMIT 96-544 MICHA�L C. TIIOMAS 122 LePoint Street STAPdDARD MITIGATION MEASURES A negative declarativn v�ritli mitigation measures has been adopted for t1�is project. Tlie following mitigation measures shall be implemented as conditions of approval and shall Ue monitored by the appropriate City department or responsible agency. Tl�e applic�nt shall be respoi�sible for verification in writing by tl�e monitaring departinent or agency tl�at the mitig�tioix me�sures have been implemetated. WATER 1. The applicant sl�all submit, for review and approval of the City �ouncil, an individual water program that will neutralize projectecl water demand for the project. The approved program shail be i►nplemented prior to issuance of building permits. Time Frame: Prior to issuance of building permits Monitoi•ing Uepa�-tment: Public Works DepartFnent 2. All construction shall utilize fixtures and designs which minimize water usage. Such fxtures and designs sl�all include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or l�ot water recirculating systems, drip irrigation with drought tolerant landscaping and so ford�. Ti�ne Trame: During building plan check Monitoring Dep�rt.rT�ent: Duilding and Fire Department 3. All water conserving designs or fixtures shall be installed. Time Fcame: Prior to frnal occupancy of any structure Monitori��g pep�i-t.rnQnt: Building and rire DeparCrl�ent 4. All landscaping s}iall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, and bark. To the greatest extent }�ossibie, lawn areas and areas requiring spray irrigation shall be minimized. Time rr�nte: During building plan check Mo�fii.oring Dep��•tment.: Parks and Recreation Department ARCHAEOLOGY S. In tl�e event tliat cluring gr�ding, construction, or developme�tt of tl�e project, any archaeological resources are uncovered, all work shall be halted until tlie City has reviewed tl�e resources for their significance. If human burials �re encountered, the County Coroner (781-4513) sl�all be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and . improvemeiits plans sl�all be noted to reflect this mitigation. A representative of the appropriate tribe shall be present on site during all gradi��g, trenching and excavation. Titne Frline: Prior to issuance of grading or building permits for the note, during construction Monit.oi•ing D�pni-tri�e�it: Building and Fire Department/P�rblic Works Department � �I