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
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RESOLUTION NO. 05-1983
CUP 05-018
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 05-018
107 NELSON STREET
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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
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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.