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PC R 93-1425RESOLUTION NO. 93-1425 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 93-506, TO ALLOW CONVERSION OF A STRUCTURE USED AS A RESIDENCE AND CLASSROOM, TO A PROFESSIONAL OFFICE, APPLIED FOR BY GARY BORDA AND MIKE FISHER INSURANCE AT 120 NELSON STREET, AND ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for a professional office, applied for by Gary Borda and Mike Fisher Insurance at 120 Nelson Street in the (VC-D-2.4) Village Commercial Zone; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act and has determined that a negative declaration with mitigation measures can be adopted and instructs the Secretary to 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 wifhin 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 the Village Commercial district which allows professional offices subject to issuance of a CUP. The proposed use makes use of and rehabilitates an older existing residence which helps to preserve the character of the Village. 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 use makes use of and rehabilitates an older existing residence which helps to preserve the character of the Village. 3. The site is suitable for the type and intensity of use or development that 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. Department of Fish and Game Required Findings of Exemption l. 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. 93-506. � 2. Based on the initia( 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 the wildlife depends as a result of development of this project. Resolution No. 93-1425 Gary Borda and Mike Fisher Insurance August 17, 1993 Page Two NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration with mitigation measures, instructs the Secretary to file a Notice of Determination and approves said Conditional Use Permit, subject to the following conditions: CONDITIONS OF APPROVAL: 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 August 17, 1995 unless a business license is issued or the building is 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 from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 17, 1993 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. 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 installed 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 shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 7. Prior to occupancy of the site, the applicant shall pay a fee toward mitigation of cumulative traffic impacts; said fee shall be computed by current methodology of $2,656 per peak hour trip for two peak hour trips based upon ITE trip generation data for a general office, giving credit for the previous use of the site, or such other fee as may be adopted by the City Council prior to occupancy of the site. Responsible Agency: Building and Planning Departments Time Frame: Prior to occupancy Planning Department Conditions 8. Development shall conform with the VC-D-2.4 zoning requirements unless otherwise approved. � 10. Signage shall be subject to the requirements of Development Code Chapter 9-13. Prior to occupancy of the site, all improvements shown on Exhibit A shall be constructed as shown on Exhibit A, unless expressly modified by conditions herein. � Resolution No. 93-1425 Gary Borda and Mike Fisher Insurance '�-`'`" August 17, 1993 Page Three �°. . . . 11. If a trash enclosure is proposed, it 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. In this case, masonry walls shall be covered with wood siding to match the existing buildings on-site. 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 pian shall include the following: (1) Cut-off luminaries shall be installed which wiil 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. (2) All fixtures shall use a flat, clear lens, energy-efficient light source. (3) All project lighting shall be confined to the project site. The required lights shall be installed prior to occupancy of the site. 13. Concrete curbs shall be provided between the new parking areas and landscaping as part of the parking lot improvements. 14. Prior to construction of the parking lot, an engineered grading and drainage plan shall be prepared for review and approval of the City Engineer per Development Code Section 9- 12.070(C.2.) Building Department Conditions 15. The plans for the project must be done by or certified by a licensed architect or registered civil or structural engineer. 16. 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. Fire Department Conditions 17. Prior to issuance of a business license for the property, a Fire Department Knox Box shall be installed on the building. Parks and Recreation Department Conditions 18. Prior to construction of the parking lot, the applicant shall retain a certified arborist to evaluate the pines and the cedar tree on-site in regards to pruning, root pruning, and the health and vigor of trees. 19. Prior to occupancy, a landscape pian shall be prepared by a licensed landscape architect with an automated irrigation system, low flow heads, and water conserving emitters. On motion of Commissioner Tappan, seconded by Commissioner Soto, 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 Brow , Commission Clerk . Robert W. Carr, Chairman