PC R 94-1492RESOLUTION NO. 94-1492
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A RTSOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 94-529 AND THE
ASSOCIATF,D ARCHITECTURAL REVIEW, FOR �
CONSTRUCTION OF A PRIVATE INDOOR SWIMMING
POOL AND RELAT�D FACILITIES FOR FIVE CITIES
SWIM CLUB AT 425 TRAFFIC WAY, APPLIED FOR BY
JEFT PURCHIN; ADOPTION OF A NEGATIVE
DECLARATION WITH MITIGATION MEASUItES AND
INSTRUCTION TIiAT TIIE SECRETARY FILE A NOTICE
OF DETERMINATION
WHER�AS, tl�e Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-529, filed by Jeff Purchin, to construct an indoor
swimming pool and related facilities for Five Cities Swim Club, in tl�e Highway Comtnercial
D-2.11 Zone; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WH�REAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
WHERI�,AS, tlie Plani�it�g Commission has reviewed the draft negative declaration for
this project in compliance witti the California Environmental Quality Act (CEQA); and
WHER�AS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Condition�tl Use Permit Findings:
1. The proposed use is permitted witl�in the subject district pursuant to the provisions of
Section 9-03.050 of tl�e Development Code, and complies with all applicaUle 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 tlie 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.
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 the vicinity.
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Resolution No. 94-1492
Conditional Use Permit Case No. 94-529 �
Jeff Purchin
NovemUer 15, 1994
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6. The Planning Commission has determined tliat the amount of parking provided is
adequate based upon evidence of actual demand and traffic engineering and plant�ing
data.
Architectural Review Findings:
1. The proposal is consistent with the "General Architectural Review Guidelines" for tt�e
City of Arroyo Grande, The "Design Guidelines for the Arroyo Grande Village" and the
Draft "Design Guidelines for Historic Districts".
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.
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6. The proposal will not impair the desirability of investment or occupation in the
neighborhood.
Department of Fisli and Game Required Findings
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act for Conditional Use Permit
Case No. 94-529.
2. Based on the initial study, a negativ� declaration was prepared for review by the public
an 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 on the habitat upon which the wildlife depends as a result of development of this
project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Arroyo Grande hereby adopts a negative declaration with mitigation measures and instructs
the Secretary to file a Notice of Determination, and approves said conditional use permit and
tl�e associated architectural review, subject to those conditions listed below:
Resolution No. 94-1492 �
Conditional Use Pei�nit Case No. 94-529
Jeff Purchin
November 15, 1994
' Page Three
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General Conditions
1. The applicant shall ascertain and comply witl� all State, County and City requirements
as are applicable to this project.
2. This applicatioii stiall automatically expire on November 15, 1996 unless a building
permit is issued. Thirty (30) days prior to the expiration of tlie approval, the applicant
may apply for an extension of one (1) year from the original date of expiration.
2a. One year after issuance of a Certificate of Occupancy, this Conditional Use Permit shall
be reviewed at a non-public hearing by the Planning Commission for adequacy of
parking.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of November 15, 1994 and marked "Exhibit A".
4. The applicant shall agree to defend at his/I�er 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 agent��, 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 sucli action but such participation shall not relieve applicant of his/her obligations
under this condition.
5. A negative declaration witli mitigation measures l�as been adopted for this project. The
following mitigations shall be implemented as cvnditions of approval and shall be
monitored by the appropriate City department or other responsible _ agency. The
applicant shall be responsible for veriCcation in writing by tlie monitoring
department or agency th�t the mitig�tion measures have been nnplemented.
Mitigation Measures
6. In tt�e event tl�at during grading, constructivn, or development of the project, any
archaeological resources are uncovered, all work shall be halted until tlie City has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (781-4513) sliall 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 building permits for the note, during
construction.
Monitoring Department: Building Department
Resolution No. 94-1492
Conditional Use Permit Case No. 94-529 �
Jeff Purchin �
November 15, 1994
; , Page Four
7. 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. Said fee may be appealed to the City Council under the provisions of Municipal
Code Section 3-2.505 once said fee has been determined.
Time Frame: Prior to issuance of building permits.
Monitoring Deparfinent: Building Department
8. All site lighting shall comply with Development Code Section 9-10.080.
Time Frame: Prior to issuance of a Certificate of Occupancy.
Monitoi•ing Department: Planning Department
9. Prior to issuance of building or grading permits, the applicant sl�all pay a fire impact fee
of Fire Department impact fees of $1244.00 less a credit of 29C per square foot for the
existing structure.
Time Trame: Prior to issuance of building or grading permits.
Monitoring Department: Fire Department
10. Prior to issuance of building permits 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 Dep�rtment: Public Works Department
11. To minimize water demand, this project shall employ the latest water conserving designs
and fixtures. All fixtures and designs shall be in place prior to issuance of a Certificate
of Occupancy.
Time Frame: Prior to issuance of a Certificate of Occupancy.
Monitoring Department: Building Department
Architectural Advisory Committee Conditions
12. Skylights shall be clear, as opposed to being opaque, and the Committee would prefer
to see �lat skylights if it is in keeping with the applicant's budget for the project.
Planning Depai-tment Conditions
13. Development shall conform with the HC-D-2.11 zoning requirements except as otherwise
approved.
14. All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from puUlic 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 tl�e objectionable material to
be directed away from residential properties.
Resolution No. 94-1492
Conditional Use Permit C�se No. 94-529
Jeff Purchin
November 15, 1994
Page Five
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15. Prior to issuance of building permits an exterior ligl�ting plan shall be prepared subject
to the review and approval of tlie Planning and Police Departments which shall comply
with the provisions of Development Code Sections 9-12.070 C(3) and 9-10.080.
16. The development shall provide a solar water heating system pursuant to Development
Code Section 9-10.130 B.l.g..
17. The development sf�all comply witli 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".
18. The developer shall comply with all tlte requirements of Chapter 9-15 of the City of
Arrvyo Grande Development Code.
FIR.E DEPARTMENT CONDITIONS
19. The project must comply with tlie most recent editivns of tl�e State Building and Fire
Codes, particularly Article 80 of the Fire Code as it applies to the storage and use of
chlorine and acid.
PARKS AND RECR�ATION D�PARTM�NT CONDITIONS
20. Prior to issuance of building permits, a landscaping and irrigation plan sliall be prepared
by a licensed landscape architect subject to review and approval by tl�e Planning, Police,
and Parks and Recreation Departments. The landscaping plan shall include the
following:
1) Tcee staking, soii preparation and planting detail;
2) Tlie use of landscaping to screen ground-mounted utility and mechanical
equipment;
3) The reqt►ired landscaping and improvements. This includes:
a) All trees within five feet (5') of concrete or asphalt surfaces to include
deep root planters or equal;
b) Water conservation practices including the use of drip irrigation, low flow
heads, mulch, gravel, drougl�t tolerant plants and bark shall be
incorporated into tl�e landscaping plan;
BUILDING DEPARTM�NT CONDITIONS
21. The project shall meet County Healtf� Departtnent requirements.
Resolution No. 94-1492
Conditional Use Perrnit CASe No. 94-529
Jeff Purchin
Novemuer 15, 1994
Page Six
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The project shall meet the requirements of Title 24, handicapped accessibility.
Restroom facilities shall be provided that meet building occupancy requirements.
A grading permit shall be required for filling tlie lot.
A demolition permit will be required for removal of the existing structures on the lot.
Credits for the existing structures will be calculated with the demolition permit.
Prior to issuance of grading or building permits, the applicant shall properly abandon any
wells, septic tanks, leach systems, pipes or other non-conforming items.
PUI3LIC WORKS DEPARTM�NT CONDITIONS
27. All public works improvement plans shall be prepared by a Civil Engineer registered in
the State of California.
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Prior to issuance of building permits, the applicant shall submit a grading and drainage
plan. All improvement water shall drain to the street.
The property owner shall apply for an encroachment permit for all work within the City
right of way prior to the start of work.
30. Design and installation of curb, gutter and sidewalk shall conform to the design plans
prepared by Omni-Means or as approved by the Director of Public Works, including the
curb radius, sidewalk and paving into Traffic Way Extension. .
On motion of Commissioner Tappan, seconded by Commissioner Deviny, and by tl�e
following roll call vote, to wit:
AYES: Commissioners Tappan, Carr, Deviny and Chairperson Keen
NOES: None
ABSENT: Commissioners Soto and Hatchett
the foregoing Resolution was adopted this 15th day of November, 1994.
ATTEST:
Nancy Bro , Commission Clerk
J Keen, C ' eison