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.
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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.
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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