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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. 1A 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. RESOLUTION NO. 08-2069 PAGE 2OF11 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 1 RESOLUTION NO. 08-2069 PAGE 3 OF 11 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. RESOLUTION NO. 08-2069 PAGE 4OF11 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. RESOLUTION NO. 08-2069 PAGE 5OF11 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: RESOLUTION NO. 08-2069 PAGE 6OF11 ■ 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 PAGE 7OF11 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. RESOLUTION NO. 08-2069 PAGE 8OF11 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. RESOLUTION NO. 08-2069 PAGE 9OF11 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. 1 RESOLUTION NO. 08-2069 PAGE 10 OF 11 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 RESOLUTION NO. 08-2069 PAGE 11 OF 11 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. 1 1 1 1