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PC R 95-1528RFSOLUTION NO. 95-1528 A RFSOLUTION OF 1�IE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CAS� NO. 95-538, AND ASSOCIATED ARCHITECTURAL REVIEW TO CONVERT EXISTING STRUCTURFS 'I'O COMMERCIAL USE AND ADDITION OF 811 SQUARE F,EET OF COMMERCIAL TLOOR SPACE, APPL�ED FOR BY DARC ENTERPRISFS, INC., AT 1147 GRAND AVENUE; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURFS AND INSTRUCTION THAT T'HE SECRETARY FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Anoyo Grande has considered Conditional Use Permit Case No. 95-538, and Associated Architectural Review, filed by DARC Enterprises, Inc., to convert existing structures to commercial use and addition of 811 square feet of commercial floor space, in the General Commercial GC zone; and W�IEREAS, the Planning Commission has held a public hearing on this application in accordance with the 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 WHEREA5, tl�e Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) arid WIiEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Perrnit Tindings: 1. The proposed use is permitteci 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 the integrity and character or the district in which it is to be established or located. � 3. The site is suit��ble for the type and intensity of use or development that is proposed. There is adequate pau 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 the public health, safety, or welfare, or . materially injurious to properties and improvements in tlie vicinity. Resolution No. 95-1528 Conditional Use Per,nit Case No. 95-538 DARC Enterprises, Inc. 1147 Grand Avenue November 7, 1995 Page 2 Architectural Review Findings 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Anoyo 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 working or residing in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. 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 said conditional use permit and associated architectural review, subject to the standard conditions of the City and those conditions and mitigations listed below: CONDITIONS OF APPROVAL General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on November 7, 1997 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. 3. Development shall occur in suUstantial conformance with the plans presented to the Planning Commission at the meeting of November 7, 1995 and marked "Exhibit A". 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. Resolution No. 95-1528 Conditional Use Permit Case No. 95-538 DARC Enterprises, Inc. 1147 Grand Avenue . November 7, 1995 Page 3 5. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, lvw flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to final occupancy. 6. A negative declaration with mitigation measures has been adopted for this project. The following mitigations shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 7. In the event that during grading, construction, or development of the project, any archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human burials are encountererl, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigativn measures. All grading and improvements plans shall be noted to reflect this mitigation. Time Frame: Prior to issuance of building permits for the note, during construction. Monitoring Department: Building Department 8. Prior to issuance of Building Permits, the applicant shall pay the applicable Transportation Facilities Development Impact Fee as required by Ordinance 461 C.S. and shall pay the applicable Traffic Signalization fees as required by Municipal Code Section 3-2.3. Time Frame: Prior to issuance of building permits. Monitoring Department: Building Department 9. A Fire Irnpact fee of 29 cents per square foot shall be paid for conversion of "Building B" and the addition to the main building. Based on review by the Director of Building and Fire, credit may be given (if applicable) for utilizing alternative means of protection. Time Frame: Prior to issuance of a Certificate of Occupancy Monitoring Dep�rtmer�t: Building and Fire Department Architectural Advisory Committee Conditions 10. All surfaces to match existing surfaces. 11. Window frames shall be white. 12. Repaint the entire project the new colors. 13. Window surrounds are stucco and are 2x popouts. Resolution No. 95-1528 Conditional Use Permit Case No. 95-538 DARC Enterprises, Iuc. 1147 Grand Aven�ie November 7, 1995 Page 4 14. 15. 16. 17. 18. Paint all miscellaneous items to match stucco. The facia and undereaves are to be painted blue; rain gutters shall match the blue color. If possible retain the bay window on the house or add a new bay window. Wood posts to have a wood base and to be pained blue. New roofing shall match the existing color. 19. The AAC encourages the applicant to explore alternatives to the Fire lane that is looped around the front of the project. The AAC prefers to keep the existing landscape and short retaining wall in place. 20. 21 Add landscaping parallel to the rear property line to screen the parking area from residences. All exposed block to be spliE face grey in color. Community Develop�nent Department Conditions 22. Development shall conform with the GC zoning requirements unless otherwise approved. 23. Prior to occupancy of "Building B" by an office use or other time frame approved by the Community Development Director and the Director of Public Works, all improvements shown on Exhibit A shall be constructed as shown on Exhibit A, unless expressly modified by conditions herein. 24. Prior to issuance of building permits an exterior lighting plan and site lighting footcandle plan shall be prepared subject to the review and approval of the Planning and Police Departments which shall comply with the provisions of Development Code Sections 9- 12.070 C(3) and 9-10.080. The required lights shall be installed prior to occupancy of the site. 25. All parking spaces adjacent to a wall, fence'or property line shall have a minimum width of 11 feet. 26. 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". 27. The trash enclosure shall be constructed pursuant to Development Code Section 9- 10.120C. This Section requires masonry walls, treated to be architecturally compatible with the main building. Resolution No. 95-1528 � Conditional Use Per�nit Case No. 95-538 DARC Enterprises, Inc. 1147 Grand Avenue November 7, 1995 Page 5 28. Concrete curbs or alternative approved by the Director of Parks and Recreation shall be provided between the parking areas and landscaping as part of the parking lot improvements. 29. A minimum ten foot (10') wide landscape area shall be provided between the rear property line and any parking or asphalt areas. Existing asphalt between "Building B" and the property line may need to be removed to meet this condition. 30. If an increased level of fire protection is needed for "Building B" due to its change in occupancy, the applicant shall use methods that do not adversely affect the appearance of the building. Parapet walis are specifically prohibited. 31. All ducts, meters, air conditioning equipment, backflow preventers, 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. 32. If possible, the fire lane in front of the building shall be deleted. The landscaping should be left in its present condition, except that a pedestrian walkway shall be constructed from the street to the building. Building and Fire Department Conditions: 33. Project must comply with the most recent edition of the State Building and Fire Codes. 34. Comply with all current UBC requirements regarding property line setbacks and fire rating of walls and openings. 35. Comply with State Title 24 and current UBC accessibility standards for buildings, restrooms, and parking areas. 36. Main driveway sliall be posted and enforced as a"Fire Lane" per Police Department guidelines. 37. Install Fire Department Security box per Fire Department Approval. Parks and Recreation Department Conditions 38. Prior to issuance of Building Permits, submit a landscaping plan showing changes to be made, trees to be saved or removed. 39. All conditions of the Community Tree ordinance, 431 C.S. shall be followed in protecting existing trees. �, �J Resolution No. 95-1528 Conditional Use Perrnit Case PVo. 95-538 DARC Enterprises, Inc. 1147 Grand Avenue November 7, 1995 Page 6 . Public Works Department Conditions 40. Replace any broken curb, gutter and sidewalk along Grand Avenue frontage of the project as directed by the Director of Public Works. 41. All public works improvement plans shall be prepared by a Civil Engineer registered in the State of California. 42. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan. All improvement water shall drain to the street or be stored on site in a manner approved by the Director of Public Works. 43. 44. Prior to issuance of building permits, pay drainage fees as calculated by the Building Department. If the Fire lane is not constructed, the existing driveway approach shall be removed and replaced with curb, gutter and sidewalk. On motion by Commissioner Soto, secondeci by Commissioner Lubin, and by the following roll call vote to wit: AYFS: Commissioners Soto, Lubin, Back, Deviny, Tappan, and Keen NOES: None ABSENT: Commissioner Carr � the foregoing Resolution was passed and adopted this 7th day of November, 1995. ATTFST: � , J � l � Luci le , reese, Commission Clerk Joha�een, Ch_ ' erson TO CONTENT: Doreen Litiekto-Blanck, Community Development Director J