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PC R 94-1482R�SOLUTION NO. 94-1482 A RESOLUTION OF TIIG PLANNING COMMISSION OF TI�I� CITY OT ARItOYO GRANDE APPROVING CONDITIONAL USE P�ItMIT CASE NO. 94-524, AND ASSOCIATED ARCHITECTURAL REVIEW TO CONSTRUCT A MINI-MART AND GAS STATION, APPLIED FOR BY KHATCHIIC II. ACI�ADJIAN, AT 525 TRArFIC WAY; ADOPTION Or A NEGATIV� DECLARATION WITI-I M[TiGATION MEASURES AND INSTRUCTION TI-IAT TI-iE SECR�TARY FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of tlie City of Arroyo Grande has considered Conditional Use Per►nit Case No. 94-524, and Associated Arcl�itectural Review, filed by Khatchik H. Achadjian, Inc., to construct a 2300 square foot Mini-Mart and Gas Station witt� a 900 square foot office, in the Highway Commercial HC-D-2.11 zone; and WIIGR�AS, 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 tl�e Environmental docuinents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (C�QA) and WHERCAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Fi�adings: 1. The proposed use is permitted within the subject district pursuant to the provisions vf Section 9-03.050 of tl�e Development Code, and complies with all applicable provisions of the Development Code, except as approved by Variance Case No. 94-186, the goals and objectives oE the Arroyo Grande General Plan, and the development policies and standards of the City. 2. Tl�e proposed use will not impair tl�e integrity and character or tl�e district in whicl� it is to be establisl�ed or located. 3. The site is suitable for the type and intensity of use or development tl�at is proposed. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public I�ealtli and safety. 5. The proposeci use will not be detrimental to the public heallh, safety, or welfare, or materially injurious ro properties and improvements in the vicinity. Architectur�l Review Tindings 1. The proposal is consistent with ll�e "General Arcliitectural Review Guidelines" for tlie City of Arroyo Grande and the "Design Guidelines for the Arroyo Grande Village". Resolution No. 94-1482 Conditional Use Permit Case No. 94-524 and Associated Arcl�itectural Review Khatchik H. Achadjian SeptemUer 20, 1994 Pa�e Two 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 living or working 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. llepai-tment 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. 94-524. 2. Based on the initial study, a negative declaration drafted for review by the 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 the Fish and Game Code or on the habitat upon which ti�e wildlife depends as a result of developmeiit of this project. NOW, TH�REFORE, BE IT RE.SOLVED that the Planning Commission of tl�e City of Arroyo Grande hereby adopts a negative declaration with mitigation ►neasures; instructs tf�e 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 tl�ose conditions and mitigations listed below: CONDITIONS OT APPROVAL General Condilions 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 September 20, 1996 unless a building permit is issued. Tl�irty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from tt�e original date of expiralion. Resolution No. 94-1482 Condition�l Use Pernut Case No. 94-524 and Associaf.ed Archit.ectural Review IChatcl�ik H. Acliadjian September 20, 1994 Page Three 3. Development shall occur in substantial confortnance with the plans presented to the Planning Commission at the meeting of September 20, 1994 and marked "Exhibit A". 4. The applicant sl�all agree to defend at }�is/lier sole expense any action brought against the City, its agents, officers, or e►nployees 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 wl�ich 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. 5. All construction shall utilize fixtures and designs which minimize waler usage. Such fixtures and designs shall include, but are not limited to, low flow shower l�eads, water saving toilets, instant water l�eaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs s}�all be installed prior to final occupancy. 6. A negative declaration with mitigalion measures has been adopted for this project. The following mitigations sl�all be implemented as conditions of approval and sl�all be monitored by the appropriate City department or ottier responsible agency. The applicay�t shall be responsible for veriCcation in writ.ing by the ItlOI11101 department or agency t.hat. the mitigat.ion measures have been implement:ed. Mitigation Me�sures 7. In the event that during grading, construction, oc development of the project, any archaeological resources are uncovered, all work sl�all be halted until the City has reviewed the resources for tl�eir significance. If l�uman burials are encountered, tl�e County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide arcl�aeological studies and/or mitigation measures. All grading and improvements plans shall be noted lo reflect this mitigation. Time Fr�me: Prior to issuance of building permits for the note, during construction. Monitoring Deplrtment.: Building Department 8. Prior to issuance of Building Permits, tl�e applicant sliall pay the applicable Transportation Facilities Development Impact Fee as required by Ordinance 461 C.S. and shall pay the app(icable Traffic Signalization fees as required by Municipal Code Section 3-2.3. Time Tr�me: Prior to issuance of building permits. Monit.oring Dep�rt.inent.: Building Department Resolution No. 94-1482 Conditional Use Permit Case No. 94-524 and Associated Architectural Review Khatcliik H. Achadjian � September 20, 1994 Page Fo�r 9. Prior to issuance of building permits the applicant shall comply with �San Luis Obispo County Air Pollution Control District permitting requirements. Time Frame: Prior to issuance of building permits. Monitoring Department: APCD 10. Vent pipes for the underground storage tanks shall be located as far away as possible from mobile homes on the adjacent site. Time Frame: Prior to issuance of building permits plans shall be modiFied to reflect this mitigation. Monitoring Department: APCD 11. As required prior to issuaiice of building permits and prior to issuance of a certificate of occupancy, the applicant shall comply with any requirements of South San Luis Obispo County Sanitation District in accordance with the District's pretreatment and hookttp ordinances. Ti�ne Frame: Prior to issuance of building permits and prior to issuance of a certificate of occupancy. Monitoring Department: South San Luis Obispo County Sanitation District Architectural Advisory Committee Ca�ditions 12. One or two larger trees shall be planted near the trash enclosure. 13. The yellow stripes on the building sl�all be kept very narrow. Planning Department Conditions 14. Development shall conform with lhe HC-D-2.11 zoning requirements except as modified by approval of Variance Case No. 94-186. 15. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewliere, shall be screened from public view with materials architecturally compatible with the main structure. � It is especially important tliat gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment wliich generates noise, solid particles, odors, etcetera, shall cause ti�e objectionable material to be directed away from residential properties. 16. Prior to issuance of building perrnits an exterior lighting plan shall be prepared subject to the review and approval of the Planning and Police Departrnents which shall comply with the provisions of Development Code Sections 9-12.070 C(3) and 9-10.080. 17. The development shall comply with all the provisions of Section 9-11.160 of the Arroyo Grande Development Code, titled "Service Stations", except as approved by Variance Case No. 94-186. �� �� 2) 3) Tree staking, soil preparation and planting detail; The use of landscaping to screen ground-mounted utility and mechanical equipment; The required landscaping and improvements. Tl�is includes: a) All trees to include deep root planters or equal; b) Water conservation practices including the use of drip irrigation, tnulcli, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; Resolution No. 94-�482 Conditional Use Permit Case No. 94-524 and Associated Architectur�l Revie�v Klaatchik H. Achadjiau September 20, 1994 Page Five 18. 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". 19. The developer shall comply with all the requirements of Chapter 9-15 of the City of Arroyo Grande Development Code. 20. The parking space between the front property line and the canopy shall be eliminated and replacecl with landscaping. Prior to issuance of building permits, a revised site plan that incorporates tl�is condition shall be reviewed and approved by the Planning Director. 21. ' The door on the norlh side of the building shall be painted to match the color of the building siding. Fire Depart�ner�t Conditions 22. Fire resistant siding and a Class A roof are required. 23. 24. 25 If a new traffic signal is required, it sliall be equipped with an Opticom traffc prioritization device. Fire Department Impact fees sl�all be paid prior to issuance of a building permit, with credit given for the historic use of the site. Underground tanks and fuel dispensing equipment must comply with the most recent edition of the California Fire Code. P�rks and Recre�lion Dep�rtment Condilions 26. Prior to issuance of building permits, a landscaping and irrigation plan shall be prepared by a]icensed landscape archilect subject to review and approval by the Planning, Police, and Parks and Recreation Departments. The landscaping plan shall include the following: 1) Resolution No. 94-1482 Conditional Use Pei-mit Case No. 94-524 and Associated Architectural Review Khatchik H. Achadjia�i September 20, 1994 Page Six c) Additional shrubs shall be planted in the place of groundcover in tfie front planter areas or the areas shall be bermed to comply with Development Code Section 9-11.160 C(7). d) Consider use of sorne Evergreen trees/slirubs around the perimeter of the project (Cedar, Canary Island pines, Dodenea, Podocarpus) to screen adjourning property. e) Increase the size of the shrubs to 5 gallon minimum. 4) Landscaping plan neecls to be revised to accommodate sidewalk extension and road alignment. 27. Two existing Magnolia trees to remain. Tree wells to be enlarged and selective root- pruning done as approved by City Arborist. Building Department Conditions 28. Prior to issuance of building permits the applicant shall verify flood zone requirements in effect. 29. The applicant shall comply with the California Building Code regulations as per type of construction and canopy/building locations. Tliis may require protection of the market. 30. Prior to issuance of building permits, the applicant may need to acquire a letter of exemption from State on handicapped requirements for the pump islands. Handicapped accessibility and Fire Code requirements will need to be coordinated. Police Department Conditions 31. The applicant shall implement the approved security plan. 32 33. Prior to issuance of building permits the applicant shall revise the plans to add an exterior building light fixture to illuminate trash enclosure. Prior to issuance of building permits tl�e applicant shall revise the plans to restrict access to the employee restroom and second story. Public Works Dep�t��tment. Condilions 34. The ACO drain and oil separator sliall be installed outside City right of way. 35. 36. All public works improvement plans shall be prepared by a Civil Engineer registered in the State of California. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan. All improvement water shall drain to the street. , � Resolution No. 94-1482 Conditional Use Permit Case No. 94-524 and Associ�ted Architectural Review Khatchik H. Achadjian September 20, 1994 P�►ge Seven 37. The property owner sl�all apply for an encroacl�ment permit for all work witl�in the City right of way prior to the start of work. 38. Prior to issuance of building per►nits, the applicant shall enter into an agreemenl, in a form approved by the City Attorney, whereby the applicant agrees to maintain any improvements between the back of the S.5 foot wide sidewalk and the City right of way. Said agreement shall also contain provisions whereby the applicant shall indemnify and hold harmless the City, its agents, officers, and employees frorn any claim, action, or proceeding brougtit against tlie City, its agents, officers, and employees because of said improvernents or construction of said irnprovements. 39. Prior to issuance of building permits, the applicant shall submit a striping diagram of tl�e street in front of the project to be approved by the Director of Public Works. The applicant sliall stripe tl�e street per ll�e approved plan prior to issuance of a Certificate of Occupancy. 40. 41 The new curb face shall be 60 feet from the existing curb face on the west side of Traffic Way or as approved by ti�e Director of Public Works. The existing water meter and street light shall be relocated to conform with City Standards prior to issuance of a Certificate of Occupancy. 42. Prior to issuance of building permits, the property owner stiall provide the necessary easement to lhe existing sewer line shown on the northeast corner of the Grading and Drainage Plan prepared by San Luis Engineering. As options, tl�e applicant may relocate or iE possible, remove the sewer line. 43. Design and installation oF curb, gutter and sidewalk shall conform to the design plans prepared by Omni-Means, including the curb radius, sidewalk and paving itito Traffic Way Extension. On motion by Commissioner Soto, seconded by Commissio��er Tappan, and by the following roll call vote, to wit: AYI+S: Commissioners Tappan, Soto, Carr, Deviny, Hatchett and Chaicperson Keen NOF.S: None ABSENT: None the foregoing Resolution was adopted this 20t1� day of September, 1994. ATTEST: 1'�c'�.cR.r ,�. - \�-C �z_�-c_iT�y ) Nancy Bro V n, `Commission Clerk J n Keen, airperson