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PC R 06-2020RESOLUTION NO. 06-2020 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 06-009; LOT LINE ADJUSTMENT 06-003 AND PLANNED SIGN PROGRAM NO. 06-002, LOCATED AT 1400 EAST GRAND AVENUE, APPLIED FOR BY RCI REALITY, LLC WHEREAS, the Planning Commission of the City of Arroyo Grande has considered applications for Conditional Use Permif Case No. 06-OQB� Lot Line Adjustment 06-003 and Planned Sign Program 06-002, filed by RCI Reality, LLC, to 1) fill an existing ponding basin, 2) construct a 6,344 square-foot Applebee's restaurant, and 3) utilize the lot line adjustment process to alter existing lot lines to correspond with the proposed development; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and completed and Initial Study and Mitigated Negative Declaration; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Gateway Mixed Use District pursuant to Section 16.16.050 of the Development Code, and the plans identified as Exhibit "B" 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. The proposed use is consistent with Policy Objective LU5 of the City's Land Use Element, which encourages a diversity of retail, service commercial and office uses within the Mix Use District. 2. The proposed use will not impair the inteyrity and character of the district in which it is to be established or located because the proposed use is similar to other uses in the vicinity, is consistent with the Gateway Mixed Use zoning district and does not conflict with the existing businesses within the existing shopping center. 3. The site is suitable for the type and intensity of use proposed because all the necessary easements, circulation, parking and setbacks are provided by the project as illustrated on Exhibit "B". RESOLUTION NO. 06-2020 PAGE 2 4. There are adequate provisions existing in the urbanized area or will be provided for in the project related to 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, as illustrated on Exhibit "B" complies with applicable performance standards and development criteria of the Gateway Mixed Use zoning district. Lot Line Adjustment Findings: The proposed Lot Line Adjustment does not create any new lots as indicated by the map identified as Exhibit "C." 2. All existing lots were created legally according to the Municipal Code of the City of Arroyo Grande and the State of California Subdivision Map Act. 3. The proposed lot line adjustment as shown in Exhibit "C" does not impair any existing access easements or create a need for additional access easements to any adjacent lots or parcels. 4. The proposed lot line adjustment as shown in Exhibit "C" does not impair any existing easements nor create the need for any new easements to serve adjacent lots. 5. The proposed lot line adjustment as shown in Exhibit "C" does not constitute poor land planning or undesirable lot configurations due to the existing layout of the shopping center and is consistent with the General Plan and Municipal Code. 6. The proposed lot line adjustment as shown in Exhibit "C" does not require any alteration of existing improvements nor does it require the need for any new improvements. 7. The proposed lot line adjustment as shown in Exhibit "C" does not create any non- conforming lots and is consistent with the lot standards of the Municipal Code. Planned Sign Program Findings: 1. The proposed signs are consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and all applicable design guidelines or approvals based upon review of the applicable documents by staff and the Architectural Review Committee; 2. The proposed signs conform to applicable development standards and provisions of the Development Code and will not be detrimental to the public health, safety and welfare; RESOLUTION NO. 06-2020 PAGE 3 3. The physical location or placement of the signs is compatible with the surrounding neighborhood based upon similar existing signs within the development as reviewed by the Architectural Review Committee. The signs will require building permits, which entail adherence to the Building Codes of the City of Arroyo Grande and the State of California and will not pose a safety risk. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Resolution approving Conditional Use Permit Case No. 06-009, Lot Line Adjustment 06-003 and Planned Sign Program 06-002, 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 Brown, seconded by Commissioner Ray and by the following roll call vote, to wit: AYES: Commissioners Brown, Ray, Parker, Tait, and Chair Fellows NOES: None ABSENT: IVone the foregoing Resolution was adopted this 5�' day of December 2006. ATTEST: �� KATHY M� DOZA, CHUCK FELLOWS, CHAIR SECRETARY TO THE COMMISSION TO CQNTE RO$ S'TRONG, COMMUNITY DEVELO MENT DIRECTOR � � RESOLUTION NO. 06-2020 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 06-009 LOT LINE ADJUSTMENT 06-003 PLANNED SIGN PROGRAM 06-002 RCI REALITY, LLC 1400 EAST GRAND AVENUE This approval authorizes the applicant to 1) fill an existing ponding basin, 2) construct a 6,344 square-foot Applebee's restaurant, and 3) utilize the lot line adjustment process to alter existing lot lines to correspond with the proposed development. C�MMUNITY DEVEL�PMENT DEPARTMENT General Conditions 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. 06-009, Lot Line Adjustment 06-003 and Planned Sign Program 06-002. �� � 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of November 21, 2006 and marked . Attachment Exhibit "B" and "C". 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. Air Quality 5. The project shall comply with all applicable Air Pollution Control District (APCD) regulations pertaining to the control of fugitive dust (PM�o) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the following regulations: a. All dust control measures listed below shall be followed during constnaction of the project and shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased RESOLUTION NO. 06-2020 PAG E 5 watering, as necessary, to prevent transport of dust off site. The name and telephone number of such person(s) shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent airborne dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water shall be used. c. Soil stockpiled for more than finro days shall be covered, kept moist, or treated with soil binders to prevent dust generation. d. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. e. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. f. Sweep streets at the end of each day if visible soil material is carried � on to adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Aesthetics 6. Ensure that all roof-mounted equipment cannot be viewed from public areas or from the nearby neighborhood by use of architectural features and prudent placement of equipment. 7. All electrical panel boxes shall be installed inside the building or in a manner that is screened from view. 8. All public safety equipment such as double detector check valves or fire department connections shall be screened from view but in manner that ensures its proper use and function as approved by the Community Development Director. Development Code 9. Development shall conform to the Regional Commercial Gateway Mixed Use zoning requirements except as otherwise approved. RESOLUTION NO. 06-2020 PAGE 6 10. Signage shall be subject to the requirements of Development Code Chapter 16.60 and as approved per the Planned Sign Program Case No. 06-002. Lighting 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. ARCHITECTURAL REVIEW COMMITTEE 12. Plantings shall be modified for the area's specific climate. 13. Two street trees shall be planted to help screen the building, if both trees cannot be planted due to infrastructure, the Architectural Review Committee shall consider the use of a trellis or other screening techniques. 14 15 Decorative paving shall be installed befinreen the parking lot sidewalk and the restaurant entrance. The building's stone base shall be raised two feet. 16. Sycamores shall be transplanted and any added sycamores should be of the Bloodgood variety. The Architectural Review Committee should consider a ratio above 1 to 1 if the native Sycamores are unable to be transplanted. 17. Final architectural and landscape plans are to be reviewed by the ARC prior to issuance of building permit. '• � '_: ►� ► PRIOR TO ISSUING A BUILDING PERMIT: 18. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 19. The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. � 21 The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. The applicant shall post handicapped parking, per Police Department requirements. � ► :►� : � •_: ►� . � ► •� 22. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. RESOLUTION NO. 06-2020 PAG E 7 � • � � 23. Provide complete compliance with State and Federal disabled access requirements. : �► 24. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. : • � : . �::► 25 � Project shall have a fire flow based on the California Fire Code appendix III-A. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. . . . . - - 27. Prior to Occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. G ': ►. : 28 29 Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ::_►�•►►� ► ►•► •► •:►i ► 30. 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. � � ; •--;• • 31 Prior to issuance of a building permit, County Health Department approval is required for food service establishments. 32. Any review costs generated by outside consultants, shall be paid by the applicant. RESOLUTION NO. 06-2020 PAGE 8 •: ���-:•: • �► • �: �► ' :u 33 34 35 36. 37 m 39 Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up � facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, as required by the area drainage plan for the area being developed. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 40. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 41. Cy: Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. ' � •:. � _: ►� ► 43. Obtain a"will serve" letter from the South San Luis Obispo County Sanitation District. The project wastewater flows to the "Bakeman Bottleneck". �:1'11-��C. .�. � : . '� ' : : ►.� ► ' : • ► � • ► : .� Easfi Grand Avenue shall not be cut until December 2008 in accordance with the City pavement management policy. 45. Use the existing sewer lateral in the center of the E. Grand Avenue frontage. RESOLUTION NO. 06-2020 PAG E 9 46. Pay the proportionate share to the Ash Street Sewer Upgrade 47. Install a water service from the water main adjacent to the Atascadero Federal Credit Union. Domestic flow calculations shall be provided to determine water meter size. _ 48 49 50 51 Install a fire sprinkler line from the water main adjacent to the Atascadero Federal Credit Union. Reimburse the City for the proportionate share of the Poplar Basin Expansion. Connect the on-site storm water system to the existing drop inlet in the East Grand Avenue frontage. Filter all storm water prior to discharging to the City system, �•:. � -_: ►� . :►�_:� •►� •� ► :_ •►� •► 52. 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. 53. 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 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. u ' : �I�I��I���r,I_\►�y 54. 55. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 56. 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. 57. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: RESOLUTION NO. 06-2020 PAGE 10 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 58. 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. 59. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 60. 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. �: : 61. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 62. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: g. 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, h. The applicant may pay an in lieu fee of $5,945.95 per acre-foot of anticipated use. � : 63. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. RESOLUTION NO. 06-2020 PAG E 11 64. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. - . 65. 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. 66. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. :: : �►� � � � . 67. .: Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. Install deep root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. ;:� ► 69. Perform all grading in conformance with the City Grading Ordinance. 70. 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. 71. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. �.. � . - - 72. All drainage facilities shall be designed to accommodate a 100-year storm flow. � � ` • ► ' ► � • ►I ► 73. 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. RESOLUTION NO. 06-2020 PAGE 12 74. 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, except that street tree easements shall exclude the area covered by public utility easements. 75. A Public Utility Easement (PUE) shall be reserved 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. ' :u 76. Obtain an encroachment permit prior to performing any of the following: i. Performing work in the City right of way, j. Staging work in the City right of way, k. Stockpiling material in the City right of way, I. Storing equipment in the City right of way. 77. Obtain a grading permit prior to commencement of any grading operations on site. FFFS 78. Pay all required City fees at the time they are due. 79. Fees to be paid prior to plan approval: m. Plan check for grading plans based on an approved earthwork estimate. n. Plan check for improvement plans based on an approved construction cost estimate. o. Permit Fee for grading plans based on an approved earthwork estimate. p. Inspection fee of public works construction plans based on an approved construction cost estimate. � : ►I ► 80. 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. 11':• .lI ► : 81. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 82. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. RESOLUTION NO. 06-2020 PAGE 13 83. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: q. Performance: 100% of the approved estimated cost of all project improvements, r. Labor and Materials: 50% of the approved estimated cost of all project improvements s. One Year Guarantee: 10% of the approved estimated cost of all project improvements. This security is required prior to acceptance of the project improvements. -;•: • ► �: �► ' :►� � 84. The Public Works plans shall be approved. - : • : • ► : : : • • �7_1�[y'1 85. All utilities shall be operational. 86. 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. PLBLI �:�ORKS STANDARD G�NDITIONS — L�T LINE ADJUSTMENT 87. The applicant shall pay all applicable fee� at the time they are due, 88. The applicant shall have a licensed land surveyor in the State of California prepare the Certificate of Compliance for Lot Line Adjustment, 89. The Lot Line Adjustment shall be finalized by recording Certificates of Compliance or a Lot Line Adjustment Map, and by subsequent deed transfers, 90. A current preliminary title report shall be submitted to the Director of Public Works prior to checking the final documents, 91. The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property, 92. A Certificate of Compliance for Lot Line Adjustment shall be recorded with all pertinent conditions of approval satisfied prior to issuing a building permit, Mitigation Measures MM 4.1. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: 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. RESOLUTION NO. 06-2020 PAG E 14 The proposed individual water program shall be submitted to the City Council for approval prior to implementation or, Pay an in lieu fee of $5,945.95 per acre-foot of anticipated use. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit MM 4.2 All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit MM 4.3 All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. Lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department; Community Development Department Timeframe: Prior to issuance of building permit MM 5.1: Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District If IVOA is found at the site the applicant musf comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. RESOLUTION NO. 06-2020 PAG E 15 Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Public Works Dept., Building and Fire Department Prior to issuance of Grading Permit and during construction. MM 5.2: Prior to the start of construction, all portable equipment, 50 horsepower (hp) or greater, used during construction activities shall receive a California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Public Works Dept., Building and Fire Department Prior to issuance of Grading Permit and during construction MM 5.3: Developmental burning is not permitted unless approved by the APCD and the City of Arroyo Grande Fire Department. r � � Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Public Works Dept., Building and Fire Department Prior to issuance of Grading Permit and during construction MM 5.4: The project shall comply with all applicable Air Pollution Control District (APCD) and federal regulations related to the removal of existing asbestos containing material (ACM). Responsible Party: Developer Monitoring Agency: City of Arroyo Grande - Public Works Dept., Building and Fire Department Timing: Prior to issuance of Grading Permit and during construction MM 6.1: The applicant shall pay the City's Traffic and Signalization Impact fees prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit MM 6.2: The applicant shall install a raised walkway between the northernmost parking aisles and a textured crosswalk leading from the walkway and the restaurant entrance as depicted RESOLUTION NO. 06-2020 PAGE 16 � Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to occupancy MM 7.1: Construction activities shall be restricted to the hours of 7 a.m. and 5 p.m. Monday through Friday. Equipment maintenance and servicing shall be confined to the same hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. MM 7.2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction � �