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PC R 93-1426RESOLLJTION NO. 93-1426 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 88-435 AND AMENDED ARCHITECTURAL REVIEW CASE NO. 87-395, FOR 823 SQUARE FOOT ADDITION TO TFIE BUILDING UNDER CONSTRUCTION, APPLIED FOR BY RUSSEL SHEPPEL AT 1300 JAMES WAY WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 88-435 and Amended Architectural Review Case No. 87-395, filed by Russel Sheppel, for a 823 square foot addition to building under construction, in the Planned Development District; and WHEREAS, 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 the Environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and recommends that the City Council adopt a Negative Declaration with Mitigation Measures and file a Notice of Determination; 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 Anoyo Grande General Plan, and the development policies and standards of the City. The proposed project is consistent with ordinance 140 C.S. which regulates types of uses and development standards within the Oak Park Acres Planned Development. 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located. The proposed office building is located between a church and a motel, at the intersection of a collector street and a minor arterial street. Across the arterial street is a shopping center. Vacant land and open space exists between the proposed use and the nearest residences. The use is compatible with adjacent uses. 3. The site is suitable for the type and intensity of use or development that is proposed. Adequate setbacks, parking and landscaping 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. Architectural Review 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande and the "general theme of development" for Oak Park Acres. The proposal continues the spanish architectural theme by using stucco walls, red tile roof, and wood trellis. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. The proposal is for expansion of a professional office building and Ordinance 140 C.S. permits such a use. The proposal meets all the requirements of ordinance 140 C.S. including lot coverage, setbacks and building height. �l � " drt;;t.. l. . � w 'r ' � t � - �s .e . - . , "� � . ' . Resolution No. 93-1426 Amended Conditional Use Permit Case No., 88-435 Amended Architectural Review Case No. 87-395 Russel Sheppel August 17, 1993 • � �'�� - Page Two 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. Ordinance 140 C.S. specified the design theme for Oak Park Acres and this project is consistent with that design theme and sunounding structures. 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. Department of Fish 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 Amended Conditional Use Permit Case No. 88-435. 2. Based on the initial study, a negative declaration with mitigation measures 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 with mitigation measures 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 RFSOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council adopt a negative declaration with mitigation measures, instruct the City Clerk to file a Notice of Determination; and approve said amended conditional use permit and amended architectural review, subject to the following conditions: � General Conditions 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 , 199_ unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of , 199 and marked "Exhibit A". 4. The applicant shall 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. 5. A negative declaration 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 shall be responsible for veriCcation in writing by the monitoring department or agency that the mitigation measures have been implemented. Resolution No. 93-1426 Amended Conditional Use Permit Case No. 88-435 Amended Architectural Review Case No. 87-395 Russel Sheppel August 17, 1993 Page Three Mitigation Measures 6. Prior to final inspection of the project, the applicant shall pay a fee toward mitigation of cumulative traffic impacts; said fee shall be computed by the current methodology of $2,656 per peak hour trip using 4.4 peak hour trips or other such fee as may be adopted by the City Council prior to final inspection. Time Frame: Prior to final inspection Responsible Department/Agency: Public Works 7. All construction throughout the structure 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 inigation with drought tolerant landscaping and etcetera. All water conserving designs and fixtures shall be installed prior to final occupancy. Time Frame: Prior to final occupancy Responsible Department/Agency: Building Department Planning Department Conditions 8. Development shall conform with the PD 1.1 zoning requirements unless otherwise approved. 9. The applicant shall comply with all conditions of approval and mitigation measures for Conditional Use Permit Case No. 88-435 and Architectural Review Case No. 87-395 unless specifically modified herein. 10. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 11. The parking lot island shown as part of Phase I construction improvements shall be fully landscaped as shown on the approved landscape plans as part of the Phase I improvements. Building Department Conditions 12. Prior to starting construction on the revisions, the applicant shall apply for permits, submit revised plans and structural calculations, and pay necessary fees. 13. Prior to starting construction on the revisions, the project architect shall provide verification of moisture proofing of the wall fronting on Oak Park Boulevard. Fire Department Conditions 14. Revised fire sprinkler plans shall be submitted for review and approval prior to final framing inspection by Building Department. On motion of Commissioner Soto, seconded by Commissioner Reilly, and on the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Reilly, Deviny and Chairman Carr NOES: None ABSENT: Commissioners Hatchett and Keen the foregoing Resolution was passed and adopted this 17th day of August, 1993. ATTEST: � � � Nancy Brown Commission Clerk Robert W. Carr, Chairman