PC R 96-1551RTSOLU'I'ION NO. 96-1551
A RESOLUTION OF TIi� PLANNING COMMISSIQN OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION WITH MITIGATION
MEASURES, INSTRUCTING THE SECRETARY TO FILE A
NOTICE OF DETERMINATION, AND APPROVING
CONDITIONAL USE PERMIT CASE NO. 96-542 AND THE
ASSOCIATED ARCHITECTURAL R�VIEW, APPLIED FOR
BY JOSEPI-I WAIS AT 1164 GRAND AVENUE
W��EREAS, the Planning Commission of the City of Anoyo Grande has considered
Conditional Use Permit Case No. 96-542, filed by Joseph Wais, to construct a two story, 3,280
square foot commercial building and related site improvements; and
WHEREAS, the Planning Commission has held a public hearing on these applications
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 and
mitigation measures under 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 Per�nit 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 complies with all applicable provisions
of the Development Code except as approved by Variance Case No. 96-193, the goals
and objectives of the Arroyo Grande General Plan, and t}�e development policies and
standards of the City.
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.
There is adequate parking on site for the use and site drainage, setbacks and landscape
areas can be accommodated.
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 tlie public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity.
Architectural Review Findings
1. The proposal is consistent with tlie "General Architectural Review Guidelines" for the
City of Arroyo Grande.
2. Ttie proposal is consistent with the text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code except as approved by Variance Case
No. 96-193,
3. The proposal will not be detrimental to the health, safety, comfort and general welfare
of the persons working or residing in the neighborhood of the proposed project.
Resolution No. 96-1551 � �
Conditional Use Permit C�se No. 9G-542
Joseph Wais
February 20, 1996
Page T�vo
4. The general appearance of the proposal is in keeping with the character of the
neighborhood.
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The proposal is not detrimental to t1�e orderly and harmonious development of the City.
The proposal will not irnpair the desirability of investment or occupation in the
neighborhood.
NOW, T'HEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs tl�e
secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 96-
542 and the Associated Architectural Review, with the above findings and subject to the
conditions and mitigation measures as set fortfi in Attachments "A" and "B", attached hereto and
incorporated herein by tl�is reference.
On motion by Commissioner Deviny, seconded by Commissioner Soto, and by the
following roll call vote, to wit:
AYES: Commissioners Deviny, Soto, Tappan, I3eck and Keen
NOES: None
ABSENT: Commissioners Carr and Lubin �
the foregoing Resolution was adopted this 20th day of February, 1996.
AT"TFST:
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ci e Breese, Commission Clerk
AS TO CONTENT:
��� ��e
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Joh een, Cf�i erson
Doreen Liberto-Blanck, Community Development Director
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' ATTACHMENT "A"
CONDITIONS OF APPROVAL CUP 96-542
1164 Grand Avenue
WAIS
GENERAL CONDITIOIVS
�OMMUNITY DEVELOPMEN'T DEPARTMENT
This approval authorizes construction of a two-story, 3280 square foot commercial building and
appurtenant parking lot, landscaping and site facilities as depicted on Exhibit "A". The 1210
square foot upper story of the building will be used as office space while the lower floor will
be used for retail sales. About 2500 sqtiare feet of outside display area will also be provided
for the retail business.
1. The applicant shall ascertain and �comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Variance Case No. 96-193,
Planned Sign Program Case No. 96-119 and Variance Case No. 96-194.
3. This application shall automatically expire on February 20, 1998 unless a building permit
is issued. Thirty (30) 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 sufistantial conformance with the plans presented to the
Planning Commission at the meeting of February 20, 1996 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 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
6. 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.
7. Prior to �nal inspection, the applicant shall pay the applicable Traffic Signalization Fees
as required by Municipal Code Section 3-2.3, et.seq.
LIGHTING
8. Prior to issu�nce of 1 building permit, an exterior lighting plan and site lighting
footcandle plan sliall be prepared subject to the review and approval of tfie Community
Development and Police Departments which shall comply with the provisions of
Developrnent Code Sections 9-12.070 C(3) and 9-10.080.
NOISE
9. Construction shall be limited to between tfie hours of 7am and lOpm Monday through
Friday and between 8am and Spm on Saturday or Sunday.
DEVELOPMENT CODE
10. Development sl�all conform with the General Commercial zoning requirements except as
otherwise approved.
11. Signage shall be constructed as approved by Planned Sign Program Case No. 96-119.
In case of a conflict between Exhibit "A" and the Planned Sign Program, the Planned
Sign Program sfiall take precedence.
12. 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, etcetera, shall cause the objectio�iable material to be directed away from
residential properties.
13. 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".
LANDSCAPING
14. Prior to issuAnce of a gr�ding permit or building pec•mit, a landscaping and irrigation
plan shall be prepared Uy a licensed landscape architect subject to review and approval
by the Community Development, Police, IIuilding and Fire, and Parks and Recreation
Departments. Tl�e landscaping plan sliall include the following:
(1) Tree staking, soil preparativn and planting detail;
(2) The use of landscaping to screen ground-mounted utility and mechanical
equipment;
(3) The required landscaping and irnprovements. This includes:
(a) Deep root planters sl�all be included in areas where trees are
within five feet (5') of asphalt or concrete surfaces and curbs;
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(b) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
st�all be incorporated into the landscaping plan; and
(c)
(d)
SOLID WASTE
15.
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All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
An automated irrigation system.
Solid waste pick-up location as identified is acceptable.
Interior vehicle travelways shall be designed to be capable of withstanding loads imposed
by trash trucks.
UNDERGROUND UTILITIES
17. Prior to final inspection, the developer shall comply with Development Code Chapter
9-15, "Improvements". All above ground utilities shall be underground. Above ground
utilities on the Grand Avenue property frontage may remain above ground but prior to
final inspection, the applicant shall install conduits and/or boxes as required for future
underground utilities per the utility company specifications.
�PECIAI. CONDITIONS
18. Prior to issuance of a building permit, the developer shall work with the holders of the
existing access easement to relocate the easement so it does not cross parking spaces but
includes the entire access drive.
19.
20.
Prior to final inspection, the applicant shall work with the adjacent property owner to the
north to construct the concrete curb indicated on Exhibit "A" as "new curb by neighbor".
Prior to issuance of a grading permit, the grading plan shall be revised to ensure that
overflows from ponds or tanks sl�all not affect adjacent properties.
PARKS AND RECREATION DEPARTMENT CONDITIONS
SPECIAL CONDITIONS
21. Root barriers shall be installed with the planting of all trees on site.
POLICE DEPARTMENT CONDITIONS
22.
23.
24.
Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
Prior to issuance of a cei-ti�cate of occupancy, the applicant stiall post designated fire
lanes, per Section 22500.1 of the California Vehicle Code.
Prior to issuance of a certificate of occup�ncy, the applicant shall post handicapped
parking, per Police Depart►nent requirements.
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BUILDING AND FIRE DEPARTMENT CONDITIONS
ADDRESSES
25 . Prior to issu�uce of a certific�te of occup�ncy, all addresses shall be visible at the
stceet and on individual residences. �
SJBC/UFC
26. The project shall comply with the rnost recent editions of the California State Fire and
Building Codes and the Uniform Building and Fire Codes as adopted by the City of
Arrvyo Grande.
27. All roofs shall be class "A".
FIRE LANES
28. All �ire lanes must be posted and enforced, per Police Department and Fire Department
guidelines.
CONSTRUCTION TAX
29. Prior to issuance of a Certificate vf Occupancy, applicant shall pay a construction tax
pursuant to Article 5, Chapter 3, Title 3 of the Arroyo Grande Municipal Code.
ABANDONMENT/NON-CONFORMING
30. Prior to issuance of a grading permit or building permit, whichever occurs Crst,
applicant shall show proof of properly abandoning all non-conforming items such as
septic tanks, wells, underground piping and other undesirable conditions.
SOILS REPORT
31. Prior to issuance of a gr�ding pe�tinit, a site specific soils report is required subject to
review by the City Engineer.
SECURITY KEY BOX
32. Prior to Certific�t.e of Occt�pancy, applicant must provide an approved "security key
vault," per Building and Fire Department guidelines.
DEMOLITION PERMIT/RETAINING WALLS
33. Separate permits must be obtained for retaining walls.
COMPACTION TEST
34. Prior to concrete poim i��spection, compaction tests are required in the footings.
ELECTRICAL CONDUIT
35. Electrical conduit shall have separate ground wire installed.
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PUBLIC WORKS DL+'PARTMCNT CONDITIONS
GRADING
36. All grading shall be done in accordance with City Grading Ordinance No. 303 C.S.
37. The site plan does not address grading and drainage. The applicant shall submit a basic
grading plan for review and approval by the Public Works Department and the
Community Development Department prior to issuance of building permits.
PUBLIC UTILITIES
38. All new public utilities shall be undergrounded to comply with the Development Code.
(See condition 17)
39. Prior to Cnal ii�spection, all public utilities shall be operational.
REPORTS/PLANS
40. The developer shall be responsible during construction for cleaning city streets, curbs,
gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and
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 tl�e Director of Public Works or
the Community Development Director.
ENGINEERING
41. After the requested information is added to the plans they shall be resubmitted to the
Public Works Department for checking and approval prior to issuance of a building
pei-mit. The following items shall be incorporated and labeled as proposed or existing,
on the site/utility plan before resubmittal:
a. Location & sizes of all public water, sewer & storm drainage facilities in
abutting streets/alleys.
b. Location, quantity & sizes of all proposed/existing sewer & watei laterals.
c. Location, quantity & orientation of trash enclosures.
d. Show all parcel lines and easements crossing the project site.
e. Show the locations and dimensions of all existing driveways and sidewalk.
f. Location of street ligl�ts, utility poles, guy wires, telephone facilities, gas
lines and so forth.
WATER
42. These plans do not address water service. Identify whether or not an additional water
Service is proposed or whether the developer intends to utilize an existing water service.
If additional units are to be added to the existing water service, tl�e service size shall be
evaluated to determine if it is adequate for tf�e increased water usage.
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43. IIackflow prevention devices s}iall be installed by the applicant on all water services as
required by the Water Superintendent, County health officer or their representatives as
necessary for the safety of ttie water system. Examples of the types of uses requiring
backflow prevention include medical uses, landscape services, on-site plumbing which
incorporates pumps, etc. If in doubt, contact the City Water Superintendent for
determination. Show backflow prevention devices on building plans at time of submittal.
WASTEWATER
44. These plans do not address sewer service. Identify whether or not an additional sewer
service is proposed or whetlier tfie developer intends to utilize an existing sewer lateral
service. If additional plumbing fixtures are to be sewered to the existing lateral, the
lateral size shall be evaluated by tlie 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 the lateral is smaller than what is determined by the Public
Works Director to be necessary then the developer shall be responsible to install an
additional sewer lateral.
ARCHITECTURAL ADVISORY COMMITTE� CONDITIONS
45. Additional landscape materials shall be used to fill-in gaps in the landscaping in the
southeast portion of the parking lot.
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ATTACI-iMCNT "B"
MITIGATION MEASURCS CUP 96-542
1164 Grand Avenue
WAIS
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 oi responsible agency. The applicant
sliall be responsible for verification in writing by tl�e monitoring depArtment or
agency that the mitigation measures have been i�nplemented.
ATER
l. The applicant 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
2. 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 Departrr�ent: Building and Fire Department
3. All landscaping shall be consistent with water conservation practices including the use
of drip irrigation, mulcl�, gravel, and bark. To the greatest extent possible, lawn areas
and areas requiring spray irrigation shall be minimized.
Time Frame: During building plan check
Monitoi•iiig Depai-tment: Parks and Recreation Department
ARCHAEOLOGY
4. In the event that during grading, construction, or development of the project, any
archaeological 'resources are uncovered, all work shall be halted until tl�e City has
reviewed the resources for their signi�cance. If human burials are encountered, the
County Coroner (781-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvements plans shall be noted to reFlect this mitigation.
Time Frame: Prior to issuance of grading or building permits for
the note, during construction.
Monitoring Dep�i•tment: Building and Fire Department/Public Works
Department
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