PC R 08-2069RESOLUTION NO. 08-2069
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE, APPROVING
CONDITIONAL USE PERMIT 08-002, APPLIED FOR BY
DR. STEVEN PAULICK, LOCATED AT 205 EL CAMINO
REAL
WHEREAS, the applicant has applied for Conditional Use Permit 08-002 to construct a
new phased veterinary clinic at 205 EI Camino Real; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the
application for Conditional Use Permit 08-002 ("the project") at a public hearing on
September 2, 2008 in accordance with the Municipal Code of the City of Arroyo Grande;
and
WHEREAS, the Planning Commission has found that this project is consistent with the
City's General Plan, Development Code 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 has determined that the project is
categorically exempt pursuant to Section 15303 (c) of the CEQA Guidelines; 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 Highway Mixed -Use (HMU) zoning
district pursuant to Development Code Chapter 16.28 and the project 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.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located, as the proposed use of a veterinary clinic is
compatible with surrounding uses, including a fast-food restaurant, racquetball
court and bed and breakfast inn.
3. The site is suitable for a veterinary clinic use, providing adequate access and
building setbacks that create buffers between existing uses.
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4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
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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 due to
compliance with the Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit 08-002, as presented to the
Planning Commission on September 2, 2008 and as shown in Exhibit "B" on file in the
Community Development Department and incorporated herein by this reference as
though set forth in full, with the above findings and subject to the conditions as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Chair Ray, seconded by Commissioner Ruth, and by the following roll call
vote, to wit:
AYES: Chair Ray, Commissioners Ruth & Tait
NOES: Commissioner Barneich
ABSENT: Commissioner Keen
the foregoing Resolution was adopted this 2nd day of September, 2008.
ATTEST:
h ti.
LYN REARDON-SMITH, CAREN T,""CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
ROB -STRONG,
COMMUNITY DEVELO MENT DIRECTOR
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RESOLUTION NO. 08-2069
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EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 08-002
205 EL CAMINO REAL
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a phased veterinary clinic at 205 EI Camino
Real.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project. Based on the Preliminary Title
Report, a lot merger will be required prior to construction.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit 08-002.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission on September 2, 2008 and on file with the Community
Development Department.
4. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
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.
SPECIAL CONDITIONS
5. No building permits shall be issued until such time that the deed restriction
encumbering on the property at 205 EI Camino Real is transferred by the City to
another property.
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BUILDING & FIRE DEPARTMENT
BUILDING CODES
7. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
DISABLED ACCESS
8. Provide complete compliance with State and Federal disabled access
requirements.
FIRE LANES
9. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
10. Project shall have a fire flow based on the California Fire Code appendix III -A.
11. Prior to combustible materials being placed on site, a new fire hydrant shall be
installed on the west side of the parking lot, per Fire Department and Public Works
Department standards.
12. The Fire Department Connection (FDC) to the fire sprinkler system shall be
within 50 feet of a fire hydrant.
SECURITY KEY BOX
13. Prior to Occupancy, applicant must provide an approved "security key vault," per
Building and Fire Department guidelines.
FIRE SPRINKLERS
14. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
15. Provide Fire Department approved access or sprinkler -system per National Fire
Protection Association Standards.
ABANDONMENT/NON-CONFORMING
16. Prior to map recordation, issuance of a grading permit or building permit,
whichever occurs first, applicant shall show proof of properly abandoning all
non -conforming items such as septic tanks, wells, underground piping and other
undesirable conditions.
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OTHER APPROVALS
17. Any review costs generated by outside consultants, shall be paid by the applicant.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
18. Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
19. Water Neutralization fee, to be based on codes and rates in effect at the time of
building permit issuance.
20. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
21. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
22. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect
at the time of building permit issuance.
23. Drainage fee, as required by the area drainage plan for the area being
developed.
24. Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
25. Strong Motion Instrumentation Program (SMTP) fee, to be based on codes and
rates in effect at the time of building permit issuance in accordance with State
mandate.
26. Fire Protection fee, to be based on codes and rates in effect at the time of
building permit issuance.
27. Police Facilities fee, to be based on codes and rates in effect at the time of
building permit issuance.
PUBLIC WORKS DEPARTMENT
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map, unless specifically noted otherwise.
SPECIAL CONDITIONS
28. The applicant shall pay the proportionate share to the following wastewater capital
improvement projects:
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■ Woodland Drive Sewer Upgrade,
■ Alder Street Sewer Upgrade,
■ Farroll Avenue Sewer Upgrade.
29. Abandon the existing sewer lateral in accordance with City standards.
30. The applicant shall provide a new sewer lateral. Due to the shallowness of the
main in Cornwall, a private lift station and flat sewer later may be required.
31. Abandon the existing water service in accordance with City standards.
32. Install a new water service with backflow prevention device in accordance with City
standards.
33. Install a fire sprinkler line service with double detector check valve in accordance
with City standards if fire sprinkling is required.
34. Replace the existing 8" cast iron water main on Cornwall with 8" PVC. Coordinate
this work with the project across EI Camino Real.
35. Pay an in -lieu fee for a 12" water main in the EI Camino Real frontage.
36. Under ground existing overhead utilities within the project frontage on Cornwall.
37. Replace the existing drop inlet in front of 407 EI Camino Real with a curb opening
drop inlet. Coordinate this work with the project across EI Camino Real.
38. Install a cross gutter across Cornwall Avenue at EI Camino Real with spandrels on
both sides.
39. Install curb gutter and sidewalk within the project frontages of EI Camino Real and
Cornwall Avenue.
40. Dedicate approximately 10' of right of way along the EI Camino Real frontage.
Final dimensions shall be determined during project design.
41. Coordinate with the project across EI Camino Real.
STANDARD CONDITIONS
42. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or
as directed by the Director of Community Development or the Director of Public
Works.
43. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or
RESOLUTION NO. 08-2069
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contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director of
Public Works. The City may hold the developer or contractor responsible for any
expenses incurred by the City due to work outside of these hours.
IMPROVEMENT PLANS
44. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
45. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and one (1)
electronic copy on CD in AutoCAD format of approved improvement plans for
inspection purposes during construction.
46. Submit as -built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of mylar prints and an electronic
version on CD in AutoCAD format shall be required.
47. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
C. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works
48. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
C. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
49. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
50. Landscape and irrigation plans are required within the public right of way, and shall
be approved by the Community Development and Parks and Recreation
Departments. In addition, The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be maintained
by the City.
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WATER
51. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
52. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
53. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $5,945.95 for each acre-foot of
anticipated use.
SEWER
54. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
55. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
56. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to final recordation of the map.
PUBLIC UTILITIES
57. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
58. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval. All utility company shall sign the improvement plans prior to final
submittal.
59. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREETS
60. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
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61. All street repairs shall be constructed to City standards.
62. Street structural sections shall be determined by an R -Value soil test, but shall not
be less than 3" of asphalt and 6" of Class II AB.
CURB, GUTTER, AND SIDEWALK
63. Install deep root barriers for all trees planted adjacent to curb, gutter and sidewalk
to prevent damage due to root growth.
r,RAnINr,
64. Perform all grading in conformance with the City Grading Ordinance.
65. Submit a preliminary soils report prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
66. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
DRAINAGE
67. All drainage facilities shall be designed to accommodate a 100 -year storm flow.
68. All drainage facilities shall be in accordance with the Drainage Master Plan.
DEDICATIONS AND EASEMENTS
69. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
70. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond
the right of way.
71. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar facilities.
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PERMITS
72. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
C. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
73. Obtain a grading permit prior to commencement of any grading operations on site.
FEES
74. Pay all required City fees at the time they are due.
75. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction cost
estimate.
C. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
AGREEMENTS
76. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
77. Improvement Agreement: The applicant shall enter into an agreement for the
completion and guarantee of improvements required. The improvement
agreement shall be on a form acceptable to the City.
IMPROVEMENT SECURITIES
78. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
79. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
80. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements,
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
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C. One Year Guarantee:
subdivision improvements.
subdivision improvements.
10% of the approved estimated cost of all
This bond is required prior to acceptance of the
PRIOR TO ISSUING A BUILDING PERMIT
81. The public improvement and site improvement plans shall be approved with all
pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
82. All utilities shall be operational.
83. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS
GENERAL CONDITIONS
84. A final landscape plans, including irrigation plan, shall be submitted to and
approved by the Director of Parks, Recreation and Facilities prior to issuance of
building permits.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
SPECIAL CONDITIONS
85. The final landscape plan shall be revised to replace the Pin Oak with a more
suitable species of tree.
PLANNING COMMISSION CONDITIONS
SPECIAL CONDITIONS
86. The applicant shall ensure that the on-site redwood trees receive adequate
irrigation before, during and after construction of the project.
87. Phase II shall be limited to accessory uses, including one (1) on-site caretaker's
quarters and shall not require the provision of any additional parking.
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