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PC R 95-1516RTSOLUTION NO. 95-151G A RESOLUTION Or TI-iE PLANNING COMMISSION OF TI-IE CITY OI�' ARR�YO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 95-537 AND THE . ASSOCIAT�D ARCIIITECTURAL REVIEW FOR TWO BUILllINGS, TOR CONSTRUCTION OF A 7.49 ACRE SHOPPING CENTER WITH A 58,225 SQUAR� FOOT MARKET, 3281 SQUARE FOOT FAST FOOD RESTAURANT, 22,399 SQUAR� FEET OT RETAIL SPACE, AND APPURTENANT I:MPROVEMENTS AT 1650 GRAND AVENUE, APPLIED FOR BY TI-iE VONS COMPANI�S, INC.; ADOPTION Or A NEGATIV� DECLARATION WITI-i MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY TILE A NOTICE OF D�TERMINATION WHEREAS, tlie Planning Commission of tlle City of Arroyo Grande has considered Conditional Use Permit Case No. 95-537, filed by The Vons Companies, Inc., to construct a 7.49 acre Shopping Center and appurtenant improvements,in the General Commercial Zone; and WHER�AS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and W�iEREAS, the Planning Commission has found that tliis project is consistent with tlie General Plan and the Environmental documents associated therewith; and WI the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and based upon the Expanded Initial Study has determined tl�at a Negative Declaration with Mitigation Measures can be adopted; and W�IEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Perrnit Findings 1. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of t}�e Development Code, and complies with all applicable provisions of the Development Code except as previously approved by Variance Case Numbers 93- 180 and 93-181 and except as approved by Variance Case No. 95-190„ and complies with the goals and objectives of the Arroyo Grande General Plan, and the development policies and statidards of the City. 2. - The proposed use will not impair the integrity and cl�aracter or the district in which it is to be establislied or located. The proposed project is a commercial use, located in a commercial zone witli similar commercial uses. Adequate mitigation measures have been included within tl�e conditions of approval to protect the integrity and character of nearby residential and quasi-public uses. 3. The site is suitable for the type and intensity of use or development tl�at is proposed because adequate parking is provided and adequate landscaping is provided for the proposed use. Resolution No. 95-1516 Conditional Use Permit C�se No. 95-537 and Associated Arcliit.ectural Review The Vons Companies, Inc. June 6, 1995 Page 2 4. There are adequate provisions for water, sanitation, and public utilities and services to � en$ure the public health and safety provided the attached mitigation measures are adopted. 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 witl� the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code except as approved by Variance Case Numbers 93-180, 93-181 and 95-190. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neigllborhood of the proposed project because mitigation measures and conditions of approval will require additions in or revisions to the project that will protect the health, safety, comfort or general welfare of persons working in the � neighborhood. 4. The general appearance of the proposal is in keeping with the, character of the neighborhood. The articulated architecture of the proposed market is consistent with variety of form and design of other commercial uses in the neighborhood. 5. The proposal is not detrimental to the orderly and harmonious development of the City. The proposed use is a commercial use in an area zoned for such uses. 6. The proposal will not impair the desirability of invesEment or occi�pation in the neighborhood. Department of Fish and Game Required Findings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 95-537. 2. Based on the initial study, a negative declaration drafted for review by tlie 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 cumulatively on wildlife resources as defined by Section 711.2 of ttie Fish and Ga,ne Code or on the habitat upon which tt�e wildlife depends as a result of development of this project. Resolutio❑ No. 95-151G Conditional Use Permit Case No. 95-537 �►�d Associated Arct�itectur�l Review The Vons Comp�nies, L�c. June 6, 1995 Page 3 NOW, TI-IEREFOR�, BC IT R�,.SOLV�D 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 for a 7.49 acre Shopping Center and the associated architectural review for buildings "A" and "E", subject to the standard conditions of the City and those conditions listed below: General Conditions 1. The applicant stiall ascertain and comply with all State, County and City requirements as are applicable to tl�is project. 2. This application s}�all automatically expire on June 6, 1997 unless a building permit is issued. Tl�ii-ty (30) d�ys prior to the expiration of the approval, the �ppliclnt may �pply for �n extension of one (1) ye�r f�•om the origin�l date of expiration. 3. Development sliall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of June 6, 1995 and marked "Exhibit A". 4. The applicant shall agree to defend at liis/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 fees 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 sucl� participation shall not relieve applicant of his/her obligations under ttiis condition. 5. A negative declaration with mitigation measures has been adopted for tl�is project. The mitigation measures attacl�ed hereto and incorporated herein by reference as Attacliment "A", sliall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. Tiie �pplicant sl�nll be responsible for verific�t.ion in writing by t.he monitoring department or agency t.hat the mit.igation measures have been implemented. 6. Permitted uses witliin the Stiopping Center shall be as follows: Building "A" - Market and such accessary uses as are usually and customarily associated witl� a large market. (May be converted to other uses allowed in the zone by following tl�e appropriate procedure outlined in City Codes at tl�e time of conversion.) Pads "II" &"C" - Retail and service commercial uses, Professional Offices, Banks and Savings and Loans. (May be converted to restaurant use by amending this Conditional Use Permit and demonstrating that adequate parking exists on-site.) Resolution No. 95-1516 Conditional Use Permit Case No. 95-537 �nd Associated Arcl�itectui•�l Revie�v The Vons Companies, Inc. June 6, 1995 Page 4 Pad "D" - Fast Food Restaurant (May be converted to other uses allowed in the zone by following the appropriate procedure outlined in City Codes at tl�e time of conversion.) Building "E" - Retail and service commercial uses; professional offices; branch financial institutions; specialty and convenience food stores such as delicatessens, bakeries, doughnut shops, ice cream shops, juice bars, gourmet foods, and health foods, coffee houses without table service or entertainment;and restaurants, however a combined total of no more tlian 1700 square feet shall be used for restaurant public area. � 7. Prior to issuance.of Building Permits, plans for Buildings "B," "C," and "D" shail be submitted for architectural review pursuant to Development Code Section 9-03.190. The Planning Commission shall be tl�e decision making body for the application with recommendations being provided by the Architectural Advisory Committee and Staff Advisory Committee. Architectural Advisoc•y Co�nmittee Conciitions 8. Plant groups of Oak trees instead of sitigle Oaks planted in a row. � 10. 11. The bottom 18 ir�ches of Building "E" may be stucco instead of glass and should it be stucco, a waterline should be added like on Building "A". All exposed block st�all be split face. All pad buildings shall be architecturally compatible with tl�e Vons building (Building ��A���. . Planning Depai Conditions 12. Development shall conform with the GC zoning requirements except as approved by Variance Case numbers 93-176, 93-180, 93-181 and 95-190, and any subsequent approvals. 13. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code unless otherwise approved. 14. Prior to issuance of building permits for Buildings "A" and "E" and the Shopping Center the applicant sl�all submit.one set of construction drawings for review of the AAC for design consistency with tl�e approved plans. Construction drawings shall include details and specifications for: �L Resolutiou No. 95-1516 Condition�l Use Pe►•mit C�se No. 95-537 a��d Associated Architectural Revie�v The Vons Compa�iies, Inc. June 6, 1995 Pnge 5 a. All street furniture, wl�ich sl�all include benches, trash receptacles, planters and etc. At a minimum, trasli receptacles shall be placed at the bus sf�elter, in the courtyard and on both sides of the front of the store; and b. Screening as required by tl�e AAC or for noise or emissions for the condenser units on the roof. 15. Prior to issuance of building permits, tlie applicant shall submit one set of construction drawings for review by tlie Planning Department. Tl�e construction drawings shall �include adequate details and specifications to ascertain compliance with the following: a. A three foot (3') high wall, berm, landscaping or combination wall and berm and landscaping shall be provided along all streets between the sidewalk and the street to screen parking areas; b. Parking lot lighting shall meet the requirements of Section 9-10.080 of the Development Code; J c. Screening shall comply with Section 9-10.120 of the Development Code. 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 arcllitecturally compatible with the main structure. It is especlally important that gas and electric meters and electric transformers be completely screened from public view. All roof-mounted equipment which generates nvise, solid particles, odors, etcetera, shall cause the objectionable material to be directed away from residential properties; d. e. f. g• The parking lot st�all meet the requirements of Section 9-12.070 of the Development Code; Bicycle parking spaces shall be provided as shown on Exl�ibit "A"; Oil separation devices on all drainage structures; and Additional sl�opping cart storage sl�all be provided on private property in prvximity to tl�e bus shelter. 16. Prior to issuance of building permits, the applicant sliall submit a landscaping and irrigation plan prepared by a licensed landscape architect subject tv review and approval by the Planning, Police, Fire, and Parks. and Recreation Departments. The landscaping plan shall include the following: Resolution No. 95-1516 Conditional Use Permit Case No. 95-537 nnd Associated Arcliitectur�l Revie�v The Vons Companies, Inc. June 6, 1995 Page 6 a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: (1) Deep root planters shall be included in areas where trees, 15 gallon or smaller, are within 5' of asphalt or concrete s�rfaces and curbs; . (2) Water conservation practices including the use of drip irrigation, low flow heads, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (3) All slopes 2:1 or greater shall have jute mesh or equivalent material; 17. The Developer shall comply with all tl�e requirements of Chapter 9-15 of the Arroyo Grande Development Code. 18. The Developer shall comply with Ctiapter 9-14 of the Development Code "Dedications, Fees, Reservations". 19. Prior to issuance of Building permits, the applicant shall offer for dedication, in a form approved by the City Attorney, a two (2) foot wide strip of land along the project's Courtland Street frontage for road widening to collector street standards. The city may accept the dedication or postpone acceptance until after an update of the Circulation Element of the General Plan is completed. If the Circulation Element update designates Courtland Street as a local street, the city may reject the offer of dedication and the land will revert back to the property owner. 20. Development of Pad "b" shall comply witli the requirements of Development Code Section 9-11.080 as follo�+s: a. The drive-up window shall be located such that there will be a mini►num queuing capacity of 8 vehicles unless a reduced capacity is approved through a variance procedure. b. Prior to issuance of a Certificate of Occupancy, trash receptacles complementary to tl�e center architecture sl�all be located at the exit to the drive-up aisle. At least two otl�er trash receptacles sllall be placed in tl�e parking lot, subject to review and approval of the Planning Director. Resolution No. 95-1516 Condition�l Use Permit Case No. 95-537 and Associated Arcliitectural Revie�v The Vons Companies, Inc. June 6, 1995 Page 7 21. 22 c. Speaker volume sl�all comply witl� the noise requirements of Section 9-11.080. �, LJ Recycling facilities sl�all Ue subject to Development Code Section 9-11.130. No specific type or location is approved will� tilis application. Sidewalk cafe's sl�all comply wit1� the provisions of Development Code Section 9-11.170. Building and Fire llep�rt.me��t Conditions 23. Prior to issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, underground structures, wells, pipes and so forth. 24. 25. 26. 27. 28. Project must comply witt� tl�e most recent edition of the State Building and Fire Codes. Fire hydrants shall be provided, inspected and tested per Fire Department and Public Works guidelines. Designated fire lanes sl�ali be marked and posted per Police and Fire Department guidelines. All buildings shall be fully fire sprinklered. An opticom traffic signal pre-emption device shall be installed at Grand and Courtland for east and west bound activation. 28a. The developer s}iall pay a signalization fee, minus credits for certain improvements, prior to issuance of building permit. Police Dep�t•tment Conditions 29. Building and site security plans shall be subject to review by the Police Department prior to issuance of a building permit. Parks and Recre�t.io» Dep�i Condit.ions 30. All existing trees on site designated to remain and those trees off site but affected by the development stiall be protected by a five (5) foot high protective fence in conformance with the Community Tree Ordinance, 431 C.S.. 31. Any trenching witl�in the dripline of the off site Oak tree near t}�e north property line sliall be done by liand. Resolution lYo. 95-1516 Conditional Use Permit Case No. 95-537 and Associated Architectur�l Review The Vons Companies, Inc. June 6, 1995 Page 8 Public Worlts Depart�uent Conditions 32. Improvement plans for the project shall be prepared by a registered civil engineer, licensed in the State of California, subject to review and approval of the Director of Public Works prior to issuance of any permit/approval. The plan sljall include, but not be limited to, all required or necessary grading, drainage, utility, and street improvements and shall include such cost estimates, investigations, calculations, fees and surety as required by the Director. 33. The applicant shall improve Courtland Street to a full local road standard from Grand Avenue to the north property boundary. The applicant shall construct roadway improvements along Courtland Street from the north property boundary to Brighton Avenue to tlie satisfaction of the Director of Public Works in eonsultation with the Community Development Director of Grover Beach. 34. The applicant shall construct an aclditional nortl�bound traffic lane along tt�e project frontage on Oak Park Boulevard wilh an appropriate transition to the satisfaction of the Director of Public Works. 35. The applicant shall construct a right turn lane.along Grand Avenue at the approach to Oak Park Boulevard to the satisfaction of the Di� of Public Worics. Minitnum width of sidewalk on Oak Park Boulevard shall be 8' and on Grand Avenue shall be 10'. 36. The cost of constructing additional lanes in Oak Park Boulevarcj sl�all be credited against any traffic impact fees which may be imposed. 37. Prior to occupancy of Building "A", the applicant shall offer such rights-of-way as are necessary to accommodate the above road improvements on conditions Nos. 33 - 35 above. 38. The applicant shall underground all above ground utilities pursuant to tlie provisions of the Development Code. 39. The existing sewer easement shall be accommodated/relocated to the satisfaction of �the Director of Public Works. 40. The applicant shall replace any damaged curb, gutter and sidewalk and shall r�place any abandoned driveway approaches with curb, gutter and sidewalk. 41. Driveway approach designs shall be to the satisfaction of the Director of Public Works. . Resolution No. 95-151G Coudition�l Use Per�nit C�se No. 95-537 and Associated Ai•cl►itectural Review The Vons Companies, Inc. June 6, 1995 Page 9 42. Provide calculations tl�at existing water system meets fire flow requireme�its as required by the Fire Department. If system does not meet fire flow, applicant shall upgrade the system to the satisfaction and tl�e Fire Cliief and Public Works Director. On site waterlines and fire I�ydrants shall be provided with necessary easements. 43. 44 45. Prior to occupancy of Building "A", all public improvements shall be installed and operational. Prior to occupancy of Building "A", install Drainage Concept (Attachment "B") to the satisfaction of t}ie Director of Public Works. Prior to occupancy of Building "A", pay drainage fee per adopted City Resolution. On motion of Commissioner Carr, seconded by Commissioner Deviny, and on tl�e following roll � call vote, to wit: . AYTS: Commissioners Tappan, Soto, Carr, Deviny, Beck and Chairperson Keen NOES: None ABSENT: Commissioner Hatchett the foregoing Resolution was passed and adopted t}�is 6th day of June, 1995. ATTEST: � � Nancy , COI111111SS C(er � Jol een, Chai son � I I �J