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.
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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
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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.
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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.
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NOISE
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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.
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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.
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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.
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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:
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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.
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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.
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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.
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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
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