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PC R 07-2043RESOLUTION NO. 07-2043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 07-005 AND ARCHITECTURAL REVIEW CASE NO. 07-006; LOCATED AT 522 EAST BRANCH STREET; APPLIED FOR BY JAMES SEVERANCE WHEREAS, the City approved Planned Unit Development Case No. 02-001 which accommodated conversion of an existing house and construction of a two story office and warehouse addition for use as a flooring store and warehouse on Lot 3 of East Village Plaza; and WHEREAS, subsequent developments within East Village Plaza have been predominantly retail, office and residential mixed use projects; and WHEREAS, the owner/applicant of Lot 3 during construction of the addition has proposed to convert and internally expand the flooring store offices and warehouse to 2,700 sq. ft. of general professional office use, a 1,176 sq. ft. townhouse residential unit and provide for additional off-street parking to nine (9) common (shared) on-site spaces; and WHEREAS, the proposed conversion would be more compatible with existing and proposed retail, office and residential uses within and adjoining East Village Plaza; and WHEREAS, the mixed use and common parking meet City requirements for parking reduction from eleven (11) to nine (9) on-site spaces and allow minor exception to waive an enclosed two -car garage for the residential unit; and WHEREAS, this combination of a townhouse residential unit, general professional office use provides adequate off-street parking for proposed mixed use to conform to the City's current parking standards for Village Mixed Use and common parking facilities; and WHEREAS, the ARC has considered the proposed changes of use and recommends approval of Architectural Review Case No. 07-006 for window and door revisions to the exterior of the building; and WHEREAS, the Planning Commission finds this proposed project is consistent with the City's General Plan and Development Code and has determined that the project is categorically exempt pursuant to CEQA; and WHEREAS, the Planning Commission, after due study, deliberation and public hearing conducted August 21, 2007 and September 4, 2007, finds that the following findings can be made in an affirmative manner: RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 2OF5 FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed mixed use is permitted within the Village Core designation of the adopted General Plan; the Village Mixed Use district of the Development Code; the goals and objectives of the Arroyo Grande General Plan, Development Code and standards of the City, and PUD 02-001 purposes and intent. 2. The proposed uses will not impair the integrity and character of the district in which it is to be established and are more compatible to other retail, office and residential mixed use developments in the vicinity than the flooring store and warehouse uses. 3. The site is suitable for the type and intensity of use and development that is proposed. 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 because the proposed project involves minimal exterior alterations, provides for 2 additional parking spaces, and does not create adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 07-005 and Architectural Review Case No. 07-006, 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 Commissioner Marshall, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Marshall, Barneich, Ray and Tait NOES: None ABSENT: Commissioner Keen the foregoing resolution was adopted this 4th day of September 2007. 1 RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 3OF5 1 ATTEST: n LYN REARDON-SMITH, SECRETARY TO THE COMMISSION TO CONTENT: ROB STRONG, COMMUNITY DEVELOP ENT DIRECTOR 1 1 RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 4 OF 5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 07-005 JAMES SEVERANCE 522 E. BRANCH STREET 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 07-005 and the approved plans for Conditional Use Permit Case No. 07-005 and Architectural Review Case No. 07-006. 3. Development shall conform to Village Mixed Use (VMU) zoning requirements and Planned Unit Development Case No. 02-001, except as specifically provided otherwise herein. 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. BUILDING AND FIRE DEPARTMENT 5. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 6. The project shall provide complete compliance with State and Federal disabled access requirements. 1 RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 5 OF 5 PUBLIC WORKS DEPARTMENT 7. The applicant shall irrevocably offer to dedicate an additional six feet (6') of street right of way across the entire frontage of Lot 3 subject site for possible future street widening or sidewalk reconstruction if accepted by the City of Arroyo Grande. 8. The applicant shall install two street trees with deep root barriers, staking and irrigation to the satisfaction of the Director of Parks, Recreation and Facilities, and satisfy the requirements of PUD 02-001 related to landscape plan for Lot 3. 9. The applicant and/or his successors shall enter intoa recorded deed restriction in a form acceptable to the City Attorney that the 2276 sq.ft. upstairs offices shall be restricted to therapist office occupied by the owner, two employees and one or two clients at peak occupancy to conform to the constraint of only nine (9) off- street parking spaces. This restriction can be altered in the future to enable general retail and/or office uses if approved by Amended Conditional Use Permit and provision of 3.7 off-site parking spaces or payment of in -lieu fees for public parking as determined necessary at that time. 10. All conditions of approval shall be accomplished prior to final occupancy of these offices to the approval of the Community Development Director. 1 1 1 1 RESOLUTION NO. 07-2043 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 07-005 AND ARCHITECTURAL REVIEW CASE NO. 07-006; LOCATED AT 522 EAST BRANCH STREET; APPLIED FOR BY JAMES SEVERANCE WHEREAS, the City approved Planned Unit Development Case No. 02-001 which accommodated conversion of an existing house and construction of a two story office and warehouse addition for use as a flooring store and warehouse on Lot 3 of East Village Plaza; and WHEREAS, subsequent developments within East Village Plaza have been predominantly retail, office and residential mixed use projects; and WHEREAS, the owner/applicant of Lot 3 during construction of the addition has proposed to convert and internally expand the flooring store offices and warehouse to 2,700 sq. ft. of general professional office use, a 1,176 sq. ft. townhouse residential unit and provide for additional off-street parking to nine (9) common (shared) on-site spaces; and WHEREAS, the proposed conversion would be more compatible with existing and proposed retail, office and residential uses within and adjoining East Village Plaza; and WHEREAS, the mixed use and common parking meet City requirements for parking reduction from eleven (11) to nine (9) on-site spaces and allow minor exception to waive an enclosed two -car garage for the residential unit; and WHEREAS, this combination of a townhouse residential unit, general professional office use provides adequate off-street parking for proposed mixed use to conform to the City's current parking standards for Village Mixed Use and common parking facilities; and WHEREAS, the ARC has considered the proposed changes of use and recommends approval of Architectural Review Case No. 07-006 for window and door revisions to the exterior of the building; and WHEREAS, the Planning Commission finds this proposed project is consistent with the City's General Plan and Development Code and has determined that the project is categorically exempt pursuant to CEQA; and WHEREAS, the Planning Commission, after due study, deliberation and public hearing conducted August 21, 2007 and September 4, 2007, finds that the following findings can be made in an affirmative manner: RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 2OF5 FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed mixed use is permitted within the Village Core designation of the adopted General Plan; the Village Mixed Use district of the Development Code; the goals and objectives of the Arroyo Grande General Plan, Development Code and standards of the City, and PUD 02-001 purposes and intent. 2. The proposed uses will not impair the integrity and character of the district in which it is to be established and are more compatible to other retail, office and residential mixed use developments in the vicinity than the flooring store and warehouse uses. 3. The site is suitable for the type and intensity of use and development that is proposed. 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 because the proposed project involves minimal exterior alterations, provides for 2 additional parking spaces, and does not create adverse environmental impacts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 07-005 and Architectural Review Case No. 07-006, 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 Commissioner Marshall, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Marshall, Barneich, Ray and Tait NOES: None ABSENT: Commissioner Keen the foregoing resolution was adopted this 4th day of September 2007. 1 1 RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 4OF5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 07-005 JAMES SEVERANCE 522 E. BRANCH STREET 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 07-005 and the approved plans for Conditional Use Permit Case No. 07-005 and Architectural Review Case No. 07-006. 3. Development shall conform to Village Mixed Use (VMU) zoning requirements and Planned Unit Development Case No. 02-001, except as specifically provided otherwise herein. 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. 5. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 6. The project shall provide complete compliance with State and Federal disabled access requirements. RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 5OF5 PUBLIC WORKS DEPARTMENT 7. The applicant shall irrevocably offer to dedicate an additional six feet (6') of street right of way across the entire frontage of Lot 3 subject site for possible future street widening or sidewalk reconstruction if accepted by the City of Arroyo Grande. 8. The applicant shall install two street trees with deep root barriers, staking and irrigation to the satisfaction of the Director of Parks, Recreation and Facilities, and satisfy the requirements of PUD 02-001 related to landscape plan for Lot 3. 9. The applicant and/or his successors shall enter into a recorded deed restriction in a form acceptable to the City Attorney that the 2276 sq.ft. upstairs offices shall be restricted to therapist office occupied by the owner, two employees and one or two clients at peak occupancy to conform to the constraint of only nine (9) off- street parking spaces. This restriction can be altered in the future to enable general retail and/or office uses if approved by Amended Conditional Use Permit and provision of 3.7 off-site parking spaces or payment of in -lieu fees for public parking as determined necessary at that time. 10. All conditions of approval shall be accomplished prior to final occupancy of these offices to the approval of the Community Development Director. 7 L _� RESOLUTION NO. 07-2043 CUP NO. 07-005 AND ARC 07-006 PAGE 3OF5 ATTEST: LYN REARDON-SMITH, CAREN RA, , CHAIR SECRETARY TO THE COMMISSION V AS TO CONTENT: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR I I 1 1 1