PC R 94-1469IZ�SOLU'I'ION NO. 94-1469
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT CASE NO. 94-519, AT 1355
GRAND AVENUE; APPLIED FOR BY ZRB TRUST;
ADOPTION OF A NEGATIVE DECLARATION WITH
MITIGATION MEASURES AND INSTRUCTION THAT THE
SECRETARY FILE A NOTICE OF DETERMINATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-519, filed by ZRB Trust, for conversion of a 1072 square
foot residence to an office in the General Commercial District; and
WHEREAS, tt�e Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that tl�is project is consistent with the
General Plan and the Environmental documents associated therewith; and
W���REAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative Declaration
with Mitigation Measures can be adopted; and _
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted 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. The project site is within tl�e
General Commercial district which allows professional offices subject to issuance of a
CUP.
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 suitable for tl�e type and intensity of use or development tliat is proposed.
Adequate parking and setbacks can be provided for the use.
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.
Resolution No. 94-14G9
Conditional Use Per�t�it Case No. 94-519
ZRB Trust
May 3, 1994
Page Two
Department of Fisli and Ga�ne 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. 94-519.
2. Based on the initial study, a negative declaration has been 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 wl�ich tl�e wildlife depends as a result of development of this
project.
NOW, THEREFORE, BE IT RESOLV�D that the Planning Commission of the City
of Arroyo Grande hereby adopts a Negative Declaration witl� Mitigation Measures, instructs the
Secretary to file a Notice of Determination and approves said conditional use permit, subject to
the standard conditions of the City and those conditions listed below:
CONDITIONS OF APPROVAL
General Conditions
1. The applicant sf�all ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application shall automatically expire on May 3, 1996 unless a business license is
issued or the building is legally occupied by an office use. Thirty (30) days prior to the
expiration of the approval, the applicant may apply for an extension of one (1) year frorn
the original date of expiration.
3. Development sf�all occur in substantial conformance with the plans presented to the
Planning Commission at t}ie meeting of May 3, 1994 and marked "Exhibit A".
4. The applicant sl�all 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. 94-1469
Conditional Use Permit Case No. 94-519
ZRB Trust
May 3, 1994
Page Three
5. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low 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 installerl
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 sh�il be responsible for verification in wi•iting by tlie rnonitoc•ing
departmeut or agency that il�e mitigation measures have been implemented.
Mitigation Measures
7. Prior to final inspection and/or issuance of a certificate of occupancy, the applicant shall
pay a transportation facility impact fee of Six Hundred, Fifteen Dollars and Seventy Two
Cents ($615.72).
Responsible Agency: Building and Planning Departments
Time Frame: Prior to final inspection and/or issuance of a Certificate of
Occupancy
Planning Department Conditions
8. Development shall conform with the GC zoning requirements unless otherwise approved.
9. Signage shall be subject to the requirements of Development Code Chapter 9-13.
10. Prior to occupancy of the site, all improvements shown on Exhibit A shall be constructed
as shown on Exhibit A, unless expressly ►nodified by conditions herein. � .
11. The trash enclosure shall be constructed pursuant to Development Code Section 9-
10.120C. This Section requires masonry enclosure walls, treated to be architecturally
compatible with the main building.
12. Prior to occupancy of the site, the applicant shall provide an exterior lighting plan for
. the parking lot � subject to the review and approval of the Planning • and Police
Departments which plan shall include the following:
a. Cut-off luminaries shall be installed which will provide true 90 degree cut-
off and prevent projection of light above the horizontal from the lowest
point of the lamp or light emitting refractor or device.
b. All fixtures shall use a flat, clear lens, energy-efficient light source.
c. All project ligl�ting shall be confined to tl�e project site.
�
Resolution No. 94-1469
Conditional Use Permit Case No. 94-519
ZRB Trust
May 3, 1994
Page Four
The required lights shall be installed prior to occupancy of the site.
13. Concrete curbs or alternative approved by tlie Director of Parks and Recreation shall be
provided between the new parking areas and landscaping as part of the parking lot
improvements. �
14.
15.
16.
The existing parking spaces in front of the building shall be replaced with landscaping.
A 24 foot back-out area shall be provided for the handicapped parking space.
Two additional parking spaces shall be provided in the parking lot to meet parking
requirements.
Public Works Department Comments
17. Prior to issuance of a Certificate of Occupancy for the proposed ofFce, the existing
driveway approach shall be removed and replaced with a City standazd approach and
curb, gutter and sidewalk.
18. Prior to issuance of a Certificate of Occupancy for the proposed office, a swale shall be
graded behind the proposed parking lot to pond drainage water.
Building Department Conditions
19. Building Permits shall be obtained for the interior remodel.
20.
21.
22.
Prior to construction of tl�e parking lot, tl�e existing on-site well shall be abandoned to
County Health Department standards.
Prior to occupancy, the existing building must be made to comply with Title 24 of the
California Code of Regulations and other code requirements based on building
occupancy.
Drainage fees shall be paid prior to the start of any construction.
I�'ire Dep�rt.ment Conditions
23. Prior to issuance of a Certificate of Occupancy for the property, a Fire Department
approved key vault shall be installed on the building.
24. The driveway shall be designated as a fire lane with signs approved by tlie Police
Department.
25. Tl�e applicant shall remove any non-cvnforming structures, i.e. tlie old trailer that is
under tlie Rubber tree, prior to issuance of a Certificate of Occupancy for the proposed
office.
Resolution No. 94-1469
Conditional Use Permit Case No. 94-519
ZRB Trust
May 3, 1994
Page Five
Parks and Recreation Department Conditions
26. A landscape and irrigation plan, prepared by a licensed landscape architect shall be
prepared and submitted to the Director of Parks and Recreation for review and approval
prior to issuance of building permits.
27.
r:
29.
Substitute 2-five gallon shrubs for the Jacaranda trees.
The five gallon Carrotwood tree should be replaced with a 15 gallon tree.
Queen Palm to be located in free-standing planter.
On motion of Commissioner Soto, seconded by Commissioner Deviny, and on the following roll
call vote, to wit:
AYFS: Commissioners Soto, Reilly, Deviny, Hatchett and Chairman Carr
NOTS: None
ABSENT: Commissioners Tappan and Keen
the foregoing Resolution was passed and adopted this 3rd day of May, 1994.
ATTEST:
Nancy Brown, Co mission Clerk Robert W. Carr, Chairman