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PC R 05-1971RESOLUTION NO. 05-1971 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 05-008; LOCATED AT 107 NELSON STREET; APPLIED FOR BY DR. CRUZ WHEREAS, the applicant has filed Conditional Use Permit 05-008 to convert an existing retail building to a medical office and with retail space; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit 05-008 at a public hearing on July 19, 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. Medical offices and retail uses 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 finro. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 05-008, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated RESOLUTION NO. 05-1971 CUP 05-008 PAGE 2 herein by this reference. On motion by Commissioner Fellows, seconded by Commissioner Tait, and by the following roll call vote, to wit: AYES: Commissioners Fellows, Tait and Chair Brown NOES: None ABSENT: Commissioners Keen and Parker the foregoing Resolution was adopted this 19' day of July, 2005. ATTEST: KATHY M � DOZA, SECRETARY TO THE COMMISSION AS TO CONTENT: � TIM BROWN, CHAIR COMMUNITY DEVELOPMENT DIRECTOR I �I RESOLUTION NO. 05-1971 CUP 05-008 PAG E 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-008 107 NELSON STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the building at 107 Nelson Street to be used as a medical office and retail sales space, subject to the conditions below: 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 05-008. 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. Any exterior modifications to the building including landscaping is subject to review by the Architectural Review Committee and approval by the Community Development Director. The approval of the Community Development Director will be reported to the Planning Commission and is subject to appeal per Municipal Code Section 16.12.150. 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. BUILDING AND FIRE DEPARTMENT 7. 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. RESOLUTION NO. 05-1971 CUP 05-008 PAGE 4 8. 9. 10. 11. 12. 13. 14. The project shall provide complete compliance with State and Federal disabled access requirements. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. The project shall have a fire flow as per the 2001 California Fire Code. Prior to occupancy, fire hydrants shall be installed, per Fire Department and Public Works Department standards. Prior to occupancy, the applicant must provide an approved "security key vaulY' for all commercial units, per Building and Fire Department guidelines. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. Prior to occupancy, the applicant shall provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. 15. 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. 16 17 Prior to issuance of a building permit, OSHPD approval is required if facility is to be State Licensed. Any review costs generated by outside consultants, shall be paid by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT EE:7 19 20 21. 22. 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. RESOLUTION NO. 05-1971 CUP 05-008 PAGE 5 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. 28. 29. 30. 31. 32. The applicant shall remove and replace any broken or displaced curb, gutter and sidewalk across the project frontage. The applicant shall install an double detector check valve with FDC if fire sprinkling is required. The applicant shall install a fire hydrant adjacent to the double detector check valve with FDC if fire sprinkling is required. The applicant shall install a backflow prevention device on the water service after the water meter. The applicant's architect or engineer will need to determine the flow requirements for the building. This may require the meter to be upsized. All improvements shall be constructed to the City of Arroyo Grande standards.