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PC R 05-1983RESOLUTION NO. 05-1983 A RESOLUTION OF THE CITY OF CONDITIONAL USE NELSON STREET THE PLANNING COMMISSION OF ARROYO GRANDE APPROVING PERMIT 05-018; LOCATED AT 107 WHEREAS, the applicant has filed Conditional Use Permit 05-018 to convert an existing retail building to a professional office space; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 05-018 at a public hearing on December 20, 2005 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has determined that the project is categorically exempt under Section 15302 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in an affirmative manner: 1. Professional offices are permitted within the Village Mixed-Use (VMU) district pursuant to Section 16.16.050 of the Development Code, and 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 because the proposed use is similar to surrounding uses being that there are retail uses established on Bridge Street and Offices on Bridge and Nelson Streets. The Architectural Review Committee will review any exterior changes to the building. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided on site or through obtaining off-site parking or paying parking in- lieu fees or a combination of the two. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. Since this is a reuse of an existing structure located within an urbanized area of the City of Arroyo Grande. 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 would not create adverse environmental impacts due to the nature of the retail and office use. RESOLUTION NO. 05-1983 CUP 05-018 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 05-018, 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, Fellows Parker and Tait NOES: None ABSENT: None the foregoing Resolution was adopted this 20 day of December, 2005. ATTEST: ,- ' L REARDON-SMITH, TIM BRO , CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: ROB STROIVG CQMMUNITY DEVELOPME T DIRECTOR � �I RESOLUTION NO. 05-1983 CUP 05-018 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-018 107 NELSON STREET • ►i►i ► r � •'ii ► � '_: ►i ► 1 ► �� •►� •► 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 05-018. 3. 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. 4. Development shall conform to the Village Mixed-Use (VMU) zoning requirements except as otherwise approved. 5. Development shall occur in substantial conformance with plans presented to the Planning Commission at the meeting of December 20 2005. 6. The applicant shall provide for seven parking spaces to the satisfaction of the Community Development Director either through a combination of common parking facilities and/or payment of an in-lieu fee as established by City Council Resolution at the time of issuance of a Certificate of Occupancy. 7. This application shall automatically expire on December 20 2007 unless a building permit is issued. 8. Tree wells shall be installed on sidewalks per City standards. RESOLUTION NO. 05-1983 CUP 05-018 PAGE 4 � ► = : � -•: ►� ► 9. 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. 10. The project shall provide complete compliance with State and Federal disabled access requirements. 11. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. 12. The project shall have a fire flow as per the 2001 California Fire Code. 13. Prior to occupancy, fire hydrants shall be installed, per Fire Department and Public Works Department standards. Cost of Hydrant to be shared with project at 125 Nelson. 14. Prior to occupancy, the applicant must provide an approved "security key vault" for all commercial units, per Building and Fire Department guidelines. 15. Prior to occupancy, the applicant shall provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. 16. Prior to 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. 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. RESOLUTION NO. 05-1983 CUP 05-018 PAGE 5 22. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 23. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 24. 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. 25. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. PUBLIC WORKS DEPARTMENT 26. The applicant shall replace the existing non-compliant wheel chair ramp at the northeast corner of Bridge Street and Nelson Street with a compliant ramp. 27. The applicant shall remove and replace any broken or displaced curb, gutter and sidewalk across the project frontage. 28. The applicant shall install a double detector check valve with FDC if fire sprinkling is required. The double detector check valve shall be concealed from view from street as much as possible. 29. The applicant shall install a fire hydrant adjacent to the double detector check valve with FDC if fire sprinkling is required. 30. The applicant shall install a backflow prevention device on the water service after the water meter. 31. The applicant's architect or engineer will need to determine the flow requirements for the building. This may require the meter to be upsized. 32. All improvements shall be constructed to the City of Arroyo Grande standards.