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PC R 93-14133�0 RESOLUTION NO. 93 - 1413 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT NO. 92-504 FOR A GAS STATION AND MINI-MART FOR PROPERTY LOCATED AT 100 BARNETT STREET, ARCO PRODUCTS, APPLICANT. WHEREAS, ARCO Products has applied for a Conditional Use Permit to allow a gas station and mini-mart for property located at 100 Barnett in the HC (Highway Commercial) zoning district; and WHEREAS, the Planning Commission held a joint meeting with the Traffic Commission on March 2, 1993 to discuss said project and held a duly noticed public hearing on Apri16, 1993 continued to May 4, 1993; and WHEREAS, the Planning Commission has reviewed the project pursuant to the California Environmental Quality Act and has approved a negative declaration with mitigations by separate resolution; and WHEREAS, based on the application materials, the various oral and written staff repons, the expanded Initial Study, testimony at the public meetings and hearings, recommendations from the Architectural Advisory Committee, and written correspondence finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed use is permitted within the subject zoning district and complies with all the applicable provisions of the Development Code and the goals and objectives of the Arroyo Grande General Plan and other applicable development policies and standards of the City (including justification for variances related to wall heights, masonry separation walls and the number, height and size of signs); and 2. That without signalization at the Barnett-Grand intersection, the subject project will likely reduce the level of service for left turn movements from Barnett to Grand at said intersection, but that signalization and traffic mitigation fees shall be required which may be utilized to install a signal at said intersection if deemed useful or necessary; and 3. The proposed use is intended for the HC zone and will, therefore, not impair the integrity and character of the district in which it is to be established and located; and 4. The site is suitable for the type and intensity of use and development that is proposed, subject the attached conditions and mitigation measures; and 5. There are, with the attached conditions and mitigation measures, adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety; and 6. The proposed use, as conditioned, will not be detrimental to the public health, salety or welfare or materially injurious to properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit No. 92-504, subject to the conditions of approval listed in Attachment A which is attached herelo and incorporated herein by this reference, and to the mitigation measures listed in Attachment B which is also attached hereto and incorporated herein by this c•eference. On motion of Commissioner Tappan, seconded by Commissioner Reilly, and by the following roll call voee, to wit: AYES: Commissioners Carr, Reilly, Tappan and Chairman Soto NOES: None ABSENT: Commissioner Hatchett ABSTAIN: Commissioner Deviny the foregoing Resolution was adopted this 4th day of May, 1993. ATTEST: � ������ Nancy Brown, Planning Commission Clerk John Soto, Chairman 1 .. l'�'f_'F 1 ._"i NF .,,.�,9"X' : ti :, .;:_ .-; . Attachment A _ �, CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 92-504 FOR 100 BARNETT STREET General Conditions The applicant shall ascertain and comply with all state, county, and city requirements as are applicable to this project. 2. This approval shall automatically expire two years from the effective date of this approval unless a building permit is issued. 'Thirty (30) days prior to the expiration of the approval of this entitlement, the applicant may apply for an extension of one (1) year from the original date of expiration. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, ofticers or employees because of the issuance of this 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 fees which the City, its agents, ofticers or employees may be required by a court to pay as a result of this 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 the applicant of his/her obligations under this condition. 4. Development shall occur in substantial conformance with the plans and exhibits approved by the Planning Commission at its meeting of May 4, 1993, and on file with the Planning Department, except as otherwise modified by these conditions of approval. 5. A Negative Declaration with mitigation measures has been prepared for this project. All mitigation measures are listed as Attachment B attached hereto and incorporated herein by the reference. Said mitigations shall be implemented as conditions of approval and shall be monitored by appropriate City departments and other responsible agencies as indicated in Altachment B. T'he applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measure have been implemented. Planning Department Conditions 6. All signage shall be in confoimance with the approved Planned Sign Program. 7. Prior to issuance of building permits, nine (9) sets of the complete and revised const�•uction drawings shall be submitted to and be reviewed and approved by the Planning, Building, Fire, Police, Public Works and Parks and Recreation Departments, and by the Architectural Advisory Committee. The plans shall include the following: a. Details of the retaining wall, sign trim for both wall signs and pole signs, colors and materials, location and details of the trash enclosure, and details of posts and tie-ins of the beams. b. 1fie construction and grading plans shall note that during grading, the site shall b� watered at least lwice a day (morning and afternoon) to control dust. c. A complete exterior lighting plan. d. A revised landscaping and irrigation plan prepared by a licensed landscape architec;t which shall include specific size, location, and type of plant materials; tree staking, soil preparation and planting details; description/illustration of how landscaping will screen ground-mounted utility and mechanical equipment; notes and/or details showing use of deep root planters where trees are within tive feet of asphalt or concrete surfaces; incorporation of water conservation practices such as the use of drip irrigation, mulch, gravel, drought tolerant plants and bark. Prior to issuance of the building permit, developer shall pay to the City a traftic signalization mitigation fee equal to $22,116.50; said fee shall be placed in the traftic signalization fund and shall be used only for the design, installation, andlor improvement of traffic signals needed in the City's "backbone" circulation system. Said improvements may include the installation of a signal at Barnett and Grand. 31 fi� 31'2: Kesolation 1413 Attachment A, "Conditions of Approval" Page 2 8a. Prior to final occupancy, the applicant shall install a signal, with an opticom system, at the intersection of Barnett and Grand; said signal shall be coordinated and synchroni�xd wilh other signals on Grand Avenue and shall be subjec;t to approval of the City Engineer. Costs of this facility shall be credited against signalization mitigation fees and traffic mitigation fees. 9. Prior to tinal occupancy, the developer shall install devices within Grand Avenue i�rom Barnett for the length of the subject property to discourage left turns from Grand to lhe site and lett turns from the site onto Grand. Said devices shall not significantly imPede the passage of fire engines or other emergency vehicles and may be ceramic "dot�s" or such other features subject to the review and approval of the Fire Chief and the Public Works Director. This condition shall not be construed to require the installa�ion of a raised median in the Grand Avenue right-of-way. 10. Prior to issuance of a building permit, the developer must submit for review and approval plans and specifications for the mini-mart and underground tanks to the County Health Department. No building permit shall be issued prior to written approvals of said plans by the Health Department. 1 l. No building or grading permit shall be issued until the new lot lines, approved by lot line adjustment (Case No. LLA 92-506), are recorded. Building Department Conditions 12. Prior to issuance of building permits, the applicant shall obtain all necessary permits for work in the public right-of-ways (including the Cal Trans Highway 101 right-of-way), retaining walls, and grading. 13. All structures as regulated by the currently adopted issues of the Unilorm Building Code and related codes are subject to all seismic conditions as they apply to earthquake zone 4. 14, All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes are subject to energy regulations as described in Title 24 of the Califoi7�ia Administrative Code for climate zone 5. 15. The drainage shall incorporate a clarifier, or similar facility of equal or better eflectiveness, to remove oils, grease and other harmful materials prior to water leaving the site onto the Cal Trans property. Location and design of said clarif er shall be subject to the review and approval of the Building Official and the City Engineer. 16. The handicapped parking space sha11 be redesigned to meet current applicable standards, subject to the review and approval of the Building OfCicial. 17. In the event that during grading, construction or development of the project, archaeological resources are uncovered, all work shall immediately be halted until the City ha� reviewed the resources for their significance. Additional archaeological studies, which will be paid for by the applicant, may be required. This condition shall be referenced on the construction and grading plans. 18. Developer shall submit a soils report prepared by a qualified professional approved by the Building Official regarding compac�ion of the fill; said report shall be subject to the review and approval of the Building Official; all recommendations contained in said report shall be implemented in the grading, compaction and construction of the project. Public Works Department Conditions 19. All improvement plans shall be prepared by a registered civil engineer, licensed in the State of California and shall be approved by the Public Works Director prior to issuance ol any city permits. Improvement plans shall include, but are not limited to, grading, drainage, sewer, water, streets and appurtenant improvements. As required, the plan submittal shall include construction cost estimates, plan check fees, soils reports and all pertinent engineering design calculations. 20. "Standard Specifications for Public Works Construction", latest edition, and the latest edition of the "Standard Plan for Public Works Construction", as amended by the City shall be the project specifications, except as noted otherwise on the approved improvement plans. Itesolution 1413 ' � Attachment A, "Condiuons of Approval" Page 3 � 21. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform Building Code, and/or as recommended by the soils report with prior review and approval of the Public Works Director. 22. It is the contractor's responsibility to control dust and erosion throughout the construction operation, including dust arising from the transport of grading materials to or from the construction site. The developer or the developer's agents or employees shall be responsiblz for removal an clean-up of any spill on public streets during the construction operation. 23. A registered civil engineer, licensed in the State of California, shall assure that the construction work conforms to the approved improvement plans and specifications, as well as providing ceirtified as-built plans after project completion but prior to final occupancy. 24. Curb and gutter improvements shall be extended on Barnett to the end of the existing concrete improvements; the sidewalk shall extend to the property lines of the subject site. The location and design of all curb, gutter and sidewalk shall be subject to the review and approval of �he Public Works Director. 25. Prior to issuance of a building permit, the developer shall record an irrevocable offer of dedication for the widening of the Grand Avenue right-of-way by ten (10) feet. The content and form of sa.id offer shall be subject to the review and approval of the Ci�y Attorney and Public Works Director. e 26. All existing above-ground utilities in the Barnett right-of-way adjacent to the subject site shall be placed underground; plans for said undergrounding shall be subject to the review and approval of affected utility companies and by the Public Works Director. 27. The Grand Avenue driveway shall be designed with a radius curb return style approach, subject to the approval of the Public Works Director; said driveway shall be designed with such items as striping, signage andlor a raised curb to allow right turn in and out only. 28. Fire hydrant(s) shall be installed as may be required by the Fire Chief; location and design of said hydrant(s) shall be subject to the review and approval of the Chief and the Public Works Director. Fire Department Conditions 29. Prior to issuance of a building permit, the developer shall provide an "opticom system" for traftic signal at Grand Avenue and the Highway 101 ramp on the west side of Highway 101; said installations shall be subject to the review and approval of the Fire Department. Alternatively, the developer may pay to the City a fee equal to the estimated cost of the installation of said opticom system which shall be used strictly for that purpose. 30 31 32 33 Automatic fire alarm and fire sprinkler systems shall be installed at the facility prior to final occupancy; said systems shall be subject to the review and approval of the Fire Department. The project must comply with Article 79 of the 1991 Edition of the Uniform Fire Code. Fire Department impact fees equal to $750.00 shall be paid to the City prior to issuance of building or grading permits. All accessways to and on the site shall meet City emergency equipment requirements, subject to the review and approval of the Fire Department. Parks and Recreation Department Conditions 34. Prior to issuance of a building permit or grading permit, the developer shall meet with the Parks and Recreation Director to assess which existing street trees (bottle brush) and which existing cedars (located along the eastern property line) shall be retained in their cun•ent ]ocations, which will be relocated on site or to the adjacent lot, and which may be removed. Approval of all relocations and removals shall be subject to the approval of the Parks and Recreation Director and shall be indicated on the revised landscapmg plan. If existing street trees are retained, the new sidewalk shall be designed to accommodate same; the design of the tree wells incorporated into the new sidewalk in these cases shall be subject to the review and approval of the Parks and Recreation Director and the Public Works Director. New su�eet trees shall be planted behind the new sidewalk in the street tree easement indicated on the approved plans. 31 3: 31' �: Resolution 1413 Attachment A, "Conditions of Approval" Page 4 35. The location of all replanted cedars shall be approved by the Park.S and Recreation Director prior to issuance of the building or grading permit�s. The landscaping plan shall include notes regarding the proper method for removing and replanting said trees. A certified arboris�, approved hy the Parks and Recreation Director, shall be present on site when all trees are moved. 36. All landscaping materials shall be installed according to the approved landscaping plan; lhe property owner shall maintain (and replace as necessary) all reyuired plantings. J 3i� Attachment B MITIGATION MEASURES CONDITIONAL USE PERMIT 92-544 FOR 100 BARNETT STREET ` 1 i All construction shall employ fixtures and designs that minimize water usage; such fixtures and designs shall include, but are not limited to, low flow toilets, instant water heaters, hot water recirculation plumbing, drip irrigalion, and drought tolerant landscaping. M�nit�rir�g: The water neutralization plan shall be submitted and approved prior to isst�ance of a building permit. All features of the plan shall be installed prior to final occupancy clearance. The water conse�vation measures shall be submitted with building permits; all features installed prior to final occupancy clearance. Res�onsible Agencies: For water necctralization plan (if needed), Public Works Department; for other water conservation mea.rures, Building Department. 1. Applicant shall submit to the Public Works Director for approval an engineered drainage plan. All improvements required by the Public Works Director shall be installed, subject to his inspection and approval. � MonitorinQ: Drainage plan shall be approved ��ior to issuance vf a grading or building �ermit; drainage faciliries shall be inspected and approved prior to final occupancy rele.�se. Re.spon.sible Agencv: Pceblic Works Department Tim.e Frame: Prior to grading or building permit for plan; prior to occicpancy for installation of facilities. Installation of vapor recovery system shall be r�uired which meets applicable county, state and federal standards. MnnitnrinQ: The developer shall obtain an "Authority-to-Construct"for the ga.s station dispensing facilities prior to beginning of construction. ResJ�on.sible Agenc� APCD Time Fram.e: Prior to is.suance of building permit. 1fie developer shall submit a construction and grading plan to the APCD which identities the proposed amount of cut and fill, proposed grading equipment to be used and the duration of use. APCD shall require appropriate measures to reduce pollutant emissions during construction to acceptable levels. Monitorine: Mitigation measures required by the APCD shall be noted on the grading and con.struction plans. Resnnn,sihle A�gencv: APCD for air quality measures; Building Department for checking that APCD notes are included on grading and building plans. Time Frame: Prior to issuance of the grading or building permit. 4. Applicants will submit projected water demand based on similar uses. If that demand exceeds the historical use by the church on this site, the applicants shall submit for review and approval by the City Council a water program which will propose measures to "neutralize" projected water demand for the project. The approved program must he implemented prior to occupancy. Time Fram.e: Neectralization plan and water conservation features shall be approved prior to issaeance of the building permit; installation of water conservation fe.atures shall be inspected prior to final occacpancy. ' Onsite water shall drain to a separator or similar facility to remove hydrocarbons before runoff enters the off site drainage system. 31� Resolution I�1o. 93- 1413 /Attachment B Page 2 Monitorin.e: This shall be part. of the drainage plai�. (see item. A.5 a.bove) submitted and approved by the Public Works Director. Responsible �enc�: Public Works De�artme�it Ti�ne Frame: Plans approved prior to tssuance of a building perm.it; inspection of facili .ry prior to occupancy release. 6. Changes to the building facades facing the streets should be made, subject to approval by the Archilectural Advisory Committee, to improve the appearance. The sign program should be revised to meet City standards, unless the variance is deemed acceptable in this case. MonitorinQ Changes to the building facades should be i�icorporated into constr drawings; revised sign plans ,should be submitted with the building permit applicatio�2 unle,ss a varia�ice is gra�ited Respon.sible A�encv: Planning Deparnnent Time Fram.e: Revised pl.ans should be subm.itted with building permit application. Prior to issuance of a building permit, the applicant shall pay a fee toward mitigation of cumulative traffic impacts; said fee shall be computed by current methodology oi� $2,656 per peak hour trip, using peak hour calculations in the the traffic analysis, or such other fee as may be adopted by the City Council prior to the issuance of a building permit. Mo�iitorinQ: No permit will be issued until the fee is paid. Re.sponsible A genc� Building and Plmining Deparhnent.,s Time Frame: Prior to i.ssuance of the building permit The site will be monitored for potential back-up problems on Grand Avenue for at least two years. If queues do extend into Grand Avenue more than four times a month during lhe same two-hour time period, changes to the driveway design and/or to the operations shall be instituted to reduce queue problems. MonitorinQ: The ori site perso�znel sha.11 be required to keep a daily log of i�ista��.ces of back ups onto Gra�id, and note the day a.nd tim.e of such back ups. Police and Public Works personiiel will "spot. ch.e.ck" t.he site during p�n. penk hour,s. Log,r will. be submitted to th.e Planning Depardnent quarterly. If the threshold of more thari four times per m.o�ith i,s exceeded during that zwo yea.r period, the applicant ,shall subm.it. to the Ci .ry for, approval recom�neiidations to am.eliorate the condition. Operational changes to »iitigate hack-ups shall iiot i�iclude any .rype of permanent or temporary clasure of Grand Avenue entra»ce, any limitatio�Z of hours of operatian, or closure or discontinua».ce of any part of the approved use. Possible m.itigations could include: 1) providing .rigriage that would discourage stacking on Grand Avenue and redirect, traffic stacking on ,sit.e or t.o the Bar��.ett Street. entrance; 2) providi�ig a"traffic director" during peak hours to usher car,s onto the site t.o elim.inate stacking on Grand Avenue: 3 providing directional arrows and/or other marki�igs on site to direet traffic off of Grand Avenue and 4) other m.easure,s which. do iiot unrea.sonably restrict the approved use. After approved by the Ci .ry, s aid plans sh.all be im�lemented. Failure to comply with this mitigation shall be grounds for revocation of the Conditional Use Per�nit and discontinuation of th.e. use. Respo�isible Agenek Planning, Police and Publie Works Depnrtnter2t..s Ti»Te Fi•ame: For at least t.wo years after the project is constructed and operating.