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PC R 91-13541:3 � RESOLUTION NO. 91-1354 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 91-488 AND THE ASSOCIATED ARCHITECTURAL REVIEW, TO ALLOW FOR EXPANSION OF AN EXISTING RESIDENTIAL CARE FACILITY FROM 9 TO 20 ROOMS, APPLIED FOR BY JO ANN BAZER AND VICTOR TOSE' AT 295 ALDER STREET, AND ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERIVIINATION. WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for expansion of an existing residential care facility from 9 rooms to 20 rooms, applied for by 7o Arin Bazer and Victor Tose' at 295 Alder Street in the SR Senior Housing 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 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. Specifically, the use will provide the required setbacks, lot coverage, landscaping, and parking, and is consistent with Policy 2.4 of the Land Use Element of the General Plan and the Housing Element of the General Plan. 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located. Specifically, the use will be designed to fit the architectural character of the neighborhood and is a use that is consistent with the established residential character of the neighborhood. 3. The site is suitable for the type and intensity of use or development that is proposed because all setbacks, lot coverage, landscaping and parking requirements can be met. 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. � 2. The proposal is consistent with the text and maps of the Anoyo Grande General Plan, and the City of Arroyo Grande Development Code, as referenced in conditional use permit finding number 1. 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. ;13� Resolution No. 91-1354 December 3, 1991 Page 2 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 impair the desirability of investment or occupation in the neighborhood. Department of Fish and Game Required Findings of Exemption 1. The City of Anoyo 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. 90-490. 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 the wildlife depends as a result of development of this project. 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 and associated 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 December 3, 1993 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 Planning Commission at the meeting of December 3, 1991 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. Mitigation Measures 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. Monitoring Department: Building Department Time Frame: Prior to final occupancy 140 a. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters and electric transformers be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material to be directed away from residendal properties. b. All fences and walls, including screening and retaining walls shall be compatible with the approved architecture, subject to the review and approval of the Architectural Advisory Committee. c. An exterior lighting plan subject to the review and approval of the Planning and Police Departments which shall include the following: (1) 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. All fixtures shall use a flat, clear lens, energy-efficient light source. All project lighting shall be confined to the project site. d. A landscaping and irrigation plan prepared by a licensed landscape architect subject to review and approval by the Parks and Recreation Departments. The landscaping plan shall include the following: (1) Tree stalcing, soil preparation and planting detail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: (a) Deep root planters shall be included in areas where trees are within 5' of asphalt or concrete surfaces and curbs; Resolution No. 91-1354 December 3, 1991 Page 3 6. In the event that during grading, construction or development of the project, any archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human burials aze encountered, the County Coroner (549-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvement plans shall be noted to reflect this mitigation. Monitoring Department: Building Department Time Frame: During grading, construction or development of the project. Planning Department Conditions 7. : Development shall conform with the SR zoning requirements unless otherwise approved. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 9. Prior to issuance of building permits, nine (9) sets of revised plans shall be submitted to be reviewed and approved by the Planning Department, Parks and Recreation Department, Police Department, Public Works Department, Fire and Building Department, and Architectural Advisory Committee as noted. The plans shall be revised to include the following: �2) (3) Resolution No. 91-1354 December 3, 1991 Page 4 (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (c) All slopes 2:1 or greater shall have jute mesh or equivalent material; e. Prior to issuance of building permits, the applicant shall submit a fence design for review and approval of the AAC. The fence along the north property line shall be replaced. Building Department Conditions 10. Prior to issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, wells, pipes and so forth. 11. 12. Prior to issuance of building permits, the applicant shall obtain necessary permits for: a. Work in the public right of way; b. Retaining walls; and c. Grading. All retaining walls shall be constructed to city standards. Redwood retaining walls are prohibited. 13. All structures as regulated by the cunently adopted issues of the Uniform Building Code and related codes, are subject to all seismic conditions as they would apply to earthquake zone 4. 14. All structures as regulated by the cunently adopted issues of the Uniform Building Code and related codes, are subject to energy regulations as described in Title 24 of the California Administrative Code for climate zone 5. 15. Backflow devices shall be provided as required on the house water meter and the landscape system prior to final occupancy. Public Works Department Conditions 16. 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 of any City Permits. Improvement plans shall include, but are not limited to, grading, street, drainage, sewer, water, and appurtenant improvements. As required, the plan submittal shall include construction cost estimates, plan check fees, soil reports, and all other pertinent engineering design calculations. 17. "Standard Specifications for Public Works Construction", latest edition, and the latest edition of the "standard Plans for Public Works Construction", as amended by the City, shall be the project specifications, except as noted otherwise on the approved improvement plans. 18. 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 Director of Public Works. 19. The developer shall pay storm drainage fees where appropriate in accordance with City Ordinances. Resolution No. 91-1354 December 3, 1991 Page 5 20. It is the contractor's responsibility to control dust and erosion throughout the construction operation. This includes dust arising from the transport of grading materials to or from the construction site. The developer or his agents or employees shall be responsible for removal and clean-up of any spill on public streets during the construction operation. 21. 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 certified as-built plans after project completion, but prior to final occupancy. �re Department Conditions 22. Existing fire sprinkler system shall be certified by a licensed agency who shall verify the operational integrity of the existing sprinkler system and all components. 23. After certification of the existing fire sprinkler system and prior to installation of an expansion of the system to cover the new addition, a licensed sprinkler contractor shall submit installation plans and hydraulic calculations for the addition. Approval of said plans shall be prior to the final framing inspection. 24. The driveway on the north side of the project adjacent to room 4, shall be marked with approved fire lane signs in accordance with California Vehicle Code. Red curbs and signage shall be required. 25. Prior to final occupancy, six (6) inch high address numerals shall be conspicuously posted on the front of the complex which are in contrast to the background and not exposed to blocking by future vegetative growth. 3� 27. Each living room area shall be provided with a smoke detector prior to final occupancy. Prior to final occupancy, a room directory shall be installed in the main lobby of the entry way to assist emergency personnel in locating rooms. 28. A fire extinguisher plan shall be developed showing the location of Fire Extinguishers of a rating of 2A-lOBC. All fire extinguishers shall be mounted and accessible to all staff and residents. Fire extinguisher plan shall be reviewed and approved by the Fire Department prior to issuance of building permits. 29. A letter shall be presented to the Fire Department that details the following: a 30. b. c Physical abilities and limitations of residents expected to reside at the Alder House; Qualifications of staff in relation to medical training and experience in serving the needs of the residents; and Intent of the management of Alder House in addressing the needs of residents when situations occur such as falling out of bed. Emergency lighting and exit signs shall be provided in all corridors prior to final occupancy. 31. The applicant shall provide a fire suppression system in kitchen if required by the Fire Department. Plans shall be submitted to Fire Department prior issuance of building permits. Parks and Recreation Department Conditions 32. All landscaping materials shall be planted according to the approved landscaping plan. 33. The applicant shall maintain and replace when necessary all approved plantings. ; Resolution No. 91-1354 December 3, 1991 Page 6 34. 35. Prior to issuance of building permits, the applicant shall work with the Director of Parks and Recreation to save or transplant the Chinese Pistachio tree (tree #5). Prior to final occupancy, the applicant shall remove all ivy around the trucks of the Pittospourms in the front yard. , 36. Prior to construction, grading or any site disturbance, the applicant shall install a five (5) foot high protective fence around the dripline of all existing trees that will remain, to the satisfaction of the Director of Parks and Recreation. 37. The two oak trees in the rear of the property shall be registered as Landmark Trees, prior to issuance of building permits. 38. All trees that are removed shall be replaced at a 3:1 ratio. These replacement trees shall be included on the landscape plan or planted on an alternative site. The landscape architect shall meet with the Director of Parks and Recreation to discuss the location, sizes and species of the replacement trees. Police Department Conditions 39. Prior to final occupancy, the applicants shall install' a"Door Ajar" alarm on exterior doors that shall be terminated in the office and the staff lounge, or alternative as approved by the Chief of Police. : On motion by Commissioner Boggess, seconded by Commissioner Moore, and by the following roll call vote, to wit: AYFS: Commissioners Boggess, Brandy NOFS: None ABSENT: Commissioner Soto Moore, Souza, Groves, Carr and Chairman the foregoing Resolution was adopted this 3rd day of December, 1991. ATTEST: �P !: hinney, S re Drew randy, Chairm 1� 4 3