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PC R 04-1946RESOLUTIOId NO. 04-1946 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION, INSTRUCT THE COMMISSION CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT CASE NO. 04-005, LOCATED AT 101 TRAFFIC WAY, APPLIED FOR BY JOHN ROBASCIOTTI WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 04-005, filed by John Robasciotti, to construct a 3,706 square foot mixed-use building with two commercial units, three office units and a residential unit; 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 has determined that a Mitigated Negative Declaration can be adopted; 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 Village Core Downtown (VCD) 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. 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. 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 would not create adverse environmental impacts. RESOLUTION NO. 04-1946 PAGE 2 Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 04-005. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Planning Commission finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council adopt a Mitigated Negative Declaration, instructs the Commission Clerk to file a Notice of Determination, and approves Conditional Use Permit Case No. 04-005, 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 Keen, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioners Keen, Fowler & Vice Chair Brown NOES: None ABSENT: None the foregoing Resolution was adopted this 7 day of December 2004. ATTEST: ��� LY REARDON-SMITH, TIM BROWN, VICE CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: ROB STRONG, COMMUNITY DEVELO�M NT DIRECTOR RESOLUTION NO. 04-1946 PAGE 3 I I �I EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 04005 ROBASCIOTTI BUILDING 101 TRAFFIC WAY •ii�i ► r � •'►i ► � '_: ►1 ► 1 ► :� •►� •► This approval authorizes the construction of a 3,706 square foot mixed-use building with two commercial units, three office units and a residential unit. 1. The applicant shall ascertain and complj� 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. 04-005. 3. This application shall automatically expire on December 7, 2006 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 7, 2004 and marked Exhibits "B1." 5. 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. � •'►� ► •� 6. Development shall conform to the Village Core Downtown (VCD) zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60 and conditions of approval for a Planned Sign Program to be considered in the future. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the RESOLUTION NO. 04-1946 PAGE 4 development plans except as specifically modified by these conditions. NOISE 9. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday and Sunday. . ► 10. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. �_ : 11. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. • � �_ 12. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of masonry or concrete with an exterior finish that complements the architectural features of the main building. The trash enclosure area shall accommodate recycling container(s). 13. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. PRIOR TO ISSUING A BUILDING PERMIT: 14. The applicant shall submit an exterior lighting (photometric) plan for parking area lighting. 15. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required tandscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; RESOLUTION NO. 04-1946 PAGE 5 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. 4. The selection of groundcover plant species shall include native plants. 5. Linear planters shall be provided in the parking area. 6. Street trees shall be a minimum of 24"-box size. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 16. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 17. All electrical panel boxes shall be installed inside the building. IT:7�:I��x�i11:�_1�7��/I�L�[di7►�il►�il�i��� 18. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view behind the parapets, or with materials architecturally compatible with the main structure. 19. The canvas awning over west elevation shall not be stretched taught and shall have a loose valance. The metal over eyebrows shall be similar corrugated metal to Historical Society's Barn. PRIOR TO ISSUING A BUILDING PERMIT: 20. Prior to issuance of Building Permit the applicant shall return with sample of actual stone veneer and a sample of split-face rock. 21. Prior to issuance of Building Permit the applicant shall return with painted hardy plank (green color paint needs to be grayer than sample presented at the November 1, 2004 ARC meeting). 22. Individual tenent signs must be reviewed by the ARC. 23. The applicant shall return to the ARC with a planting plan. 24. The applicant shall provide evidence of two (2) off-site parking spaces secured by agreement acceptable to the Community Development Director, City Attorney and subject to recordation, OR participate in the Village Parking and Business Improvement District and pay established in-lieu fees for 2.2 public parking spaces RESOLUTION NO. 04-1946 PAGE 6 - • � �7_1:��►�il���� PRIOR TO ISSUING A BUILDING PERMIT: 25. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 26. The applicant shall post handicapped parking, per Police Department requirements. � ► • ► � : � ' • : ►1 ► � • � � ■ ���\ 27 � Project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. Prior to occupancy, fire hydrants shall be installed, per Fire Department and Public Works Department standards. . . . . .�. 29. Prior to occupancy applicant must provide an approved "security key vault," per Building and Fire Department guidelines. C 'C ►. C 30 31 32. Prior to occupancy all buildings must be fully sprinkler�d per Building and Fire Department guidelines. •� •►� � An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements at (Branch and Freeway 101). �:�►�•►►I ► ►•► •► •�1l ► 33. 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. � ►�• •► ' :►� 34. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be appropriately credited to the property. a RESOLUTION NO. 04-1946 PAGE 7 � � �...�� . 35. Prior to issuance of a building permit, County Air Pollution Control Board approval is required for a Demolition Permit. I����ri : - _ � - : �7:iri7�� : ► �3i _ : II��II�C ' : ►� N 36 37 38 39 40 41 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. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 42. 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. 43. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. 44 45 46 47 48 Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. 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. Affordable Housing in lieu fee, as conditioned for this project. RESOLUTION NO. 04-1946 PAGE 8 �PEGIAL GONDITIONS/GOMMENTS 49. Prior to building permit a Revocable Encroachment Permit that is acceptable to the City Attorney must be established over the Public Right of Way for Disabled Access and for the development of landscaping, parking spaces and the outdoor patio/building entrance. The agreement shall require the applicant to provide replacement disabled access on-site and either in-lieu or off-site parking acceptable to the Community Development Director in accordance with City Code provisions. - � • : . � ' _1:i�Jil���� ► :: •►� •► 50. 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. 51. 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. 1l':• u ► ' '► 52 53 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. 54. 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. 55. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: ■ Grading, drainage and erosion control, ■ Street paving, curb, gutter and sidewalk, ■ Public utilities, ■ Water and sewer, ■ Landscaping and irrigation, ■ Any other improvements as required by the Director of Public Works 56. The site plan shall include the following: ■ The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ■ The location, quantity and size of all existing and proposed sewer laterals. ■ The location, size and orientation of all trash enclosures. ■ All existing and proposed parcel lines and easements crossing the property. RESOLUTION NO. 04-1946 PAGE 9 57. The location and dimension of all existing and proposed paved areas. The location of all existing and proposed public or private utilities. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 58. Landscape and irrigation plans are required for landscaping 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. �: : 59 60 61 62 63 Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Each building shall have separate water meters. 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 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, ■ The applicant may pay an in lieu fee of $2,200 for each new residential unit. The applicant shall install fire hydrants along the project frontage in accordance with Public Works Department and Fire Department guidelines. � : 64 65 66 67 All sewer laterals within the public right of way must have a minimum slope of 2%. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Obtain approval from the South County Sanitation District for impacts to district facilities. . � -- 68. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 69. 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. RESOLUTION NO. 04-1946 PAGE 10 70 71 Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. The applicant shall have the public utility companies sign the improvement plans prior to approval. : 72 73 74 1RB, GLITTER�AND SIDEWALK 75. Remove and replace any cracked or broken curb, gutter and sidewalk. 76. Install curb, gutter and sidewalk along the Traffic Way frontage where sidewalk currently does not exist. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. All street repairs shall be constructed to City standards. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 77. Remove and replace the existing wheelchair ramp at the south east corner of Traffic Way and East Branch Street if it does not meet current ADA and city standard. F��3 79. :� Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. The applicant shall red curb those portions of the curb in front of fire hydrants. �_ GRADING 81. Perform all grading in conformance with the City Grading Ordinance. 82. 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. 83. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. ��. �. :- . .. :I All drainage facilities shall be designed to accommodate a 100-year storm flow. All drainage facilities shall be in accordance with the Drainage Master Plan. The project is in Drainage Zone "B". Storm water runoff may be directed to the creek. Drop inlets shall include filters and design of outlet to creek shall be acceptable to Public Works and Department of Fish & Game. � � • • ► ' ► � ' 1l ► 88. All easements, abandonments, or similar documents to be recorded as a RESOLUTION NO. 04-1946 PAGE 11 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, ' : ►� 89. Obtain an encroachment permit prior to performing any of the following: ■ PerForming work in the City right of way, ■ Staging work in the City right of way, ■ Stockpiling material in the City right of way, ■ Storing equipment in the City right of way. 90. Obtain a grading permit prior to commencement of any grading operations on site. I���� 91. Pay all required City fees at the time they are due. 92. Fees to be paid prior to plan approval: ■ Plan check for grading plans based on an approved earthwork estimate. ■ Plan check for improvement plans based on an approved construction cost estimate. ■ Permit Fee for grading plans based on an approved earthwork estimate. ■ Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 1-Te7:»:I�I����� 93. 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. 94. Improvement Removal and Relocation Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City as approved by the City Attorney and Director of Public Works for the removal and relocation of all new improvements within the public right of way at the expense of the applicant. ►� ' : • ►� ► : 95. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 96. Submit an engineer's estimate of quantities for improvements for review by the Director of Public Works. 97. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: e Faithful Performance: 100% of the approved estimated cost of all improvements, . Labor and Materials: 50% of the approved estimated cost of all improvements, RESOLUTION NO. 04-1946 PAGE 12 . One Year Guarantee: 10% of the approved estimated cost of all improvements. This bond is required prior to acceptance of the improvements. -; •: • ► : : : • • ':►y'� 98. All utilities shall be operational. 99. 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. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures: MITI ATION MEAS�IRES Water 1. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing an individual water program that utilizes fixtures and designs that minimize water usage. 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 for approval prior to implementation; or paying an in lieu fee. 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 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 3. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray RESOLUTION NO. 04-1946 PAGE 13 4 Air Quality 5. irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department:: Parks and Recreation Department Timeframe: Prior to issuance of building permit All runoff water from impervious areas shall pass through a fossil filter and be conveyed through impervious conduits to existing storm drain facilities. A drainage plan, which incorporates the above, shall be submitted to the City prior to the issuance of any permits. Monitoring: Review of drainage/grading plans Responsible Department:: Public Works Department � Timeframe: Prior to issuance of a grading permit During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a curst after each day's activities cease. 6. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent 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. 7. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Monitoring: Responsible Department:: Timeframe: Review of grading and building plans and site inspections The Building and Fire Department shall inspect plans, and the Community Development Department shall spot check the field Prior to issuance of grading permit Transportation/Circulation 8. The applicant shall pay the Traffic Signalization Impact fee. Monitoring: The applicant shall pay the fee Responsible Department:: Building & Fire Department Timeframe: Prior to issuance of Building Permit 9. The applicant shall pay the City's Transportation Facilities Impact fee. Monitoring: The applicant shall pay the fee RESOLUTION NO. 04-1946 PAGE 14 Responsible Department:: Building & Fire Department Timeframe: Prior to issuance of building permit 10. The applicant shall pay its fair share of the cost of a Opticom traffic signal pre-emption device at the intersection of Branch Street and Freeway 101. Monitoring: , The applicant shall install the improvements Responsible Department:: Building & Fire Department Timeframe: Prior to issuance of building permit 11. The applicant shall mitigate for parking deficiencies by either: Providing by written contract, off-site parking within 500 feet of the proposed project equal to the number of parking spaces required by the Municipal Code of the City of Arroyo Grande but not developed on site; Payment of an in-lieu fee at the current established rate multiplied by the number of parking spaces required by the Municipal Code of the City of Arroyo Grande but not developed on site if the project location is incorporated into the Downtown Parking and Improvement District. In the event of changes to the property or parking contracts by either the applicant or the City of Arroyo Grande that reduces the number of on-site or-off site parking spaces provided, the applicant must utilize one or more of the mitigation options to make up for the lost spaces. In-lieu fees will be based upon rates in effect at the time of the change to the parking situation. Monitoring: The applicant shall install the improvements Responsible Department:: Community Development Department Timeframe: Prior to issuance of building permit or subsequent elimination of revokeable encroachment permit Noise 12. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 13. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday and Sunday. 14. To the greatest extent possible, grading and/or excavation operations at portions of the site bordering developed areas should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. RESOLUTION NO. 04-1946 PAGE 15 Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction � L � � J