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PC R 03-1869RESOLUTION NO. 03-1869 A RESOLUTION OF THE PLANNIf�� COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION, INSTRUCT THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT CASE NO. 02-013, LOCATED AT 1049 EL CAMINO REAL, APPLIED FOR BY FARM SUPPLY n WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 02-013, filed by Farm Supply, to construct a finro-story building for retail sale of farm supplies; 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 Industrial (I) zoning 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. 03-1869 MAY 6, 2003 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. 02-013. 2. Based on the initiat 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 City Council 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, instruct the Director of Administrative Services to file a Notice of Determination, and approve Conditional Use Permit Case No. 02-013, 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 Comissioner Brown, seconded by Commissioner Arnold, and by the followir�g roll call vote, to wit: AYES: Commissioners Brown, Arnold, Keen and Chair Guthrie NOESo None ABSENT: Commissioner Fowler The foregoing Resolution was adopted this 6�' day of May 2003. ATTEST: � � L ��� F;EARDON-SMITH, CON�IVIISSION CLERK AS �CO ROB STI�'ONG, COMMUNITY DEVELOPME DIRECTOR ES GUTHRIE, CHAIR RESOLUTION NO. 03-1869 MAY 6, 2003 PAG E 3 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 02-013 Farm Supply 1049 EI Camino Real COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a two-story building for retail sale of farm supplies. � � The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 02-013. 3. This application shall automatically expire on �date of ciry counci� approval) 2005 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 City Council at the meeting of June 10, 2003 and marked Exhibits "B1 — 67". 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. DEVELOPMENT CODE � Development shall conform to the Industrial (I) zoning requirements except as otherwise approved. 7. Signage shall be subject to the reauirements of Development Code Chapter 16.60. No signage has been approved with this Conditional Use Permit. RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 4 0 0 NOISE Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. 10. Construction shall be limited to befinreen the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall occur on Sunday. LIGHTING 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. WATER 12. 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. SOLID WASTE 13. 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). 14. 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: 15. 16 17. The applicant shall submit an exterior lighting (photometric) plan for parking area lighting. A Minor Exception application must be processed and approved for any fence/wall combination exceeding six feet (6') in height. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development RESOLUTION NO. 03-1869 � MAY 6, 2003 PAG E 9 43. Landscape approvals — Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development, Parks & Recreation, and Public Works Departments. 44. Plan submittals — Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). STREET IMPROVEMENTS 45. EI Camino Real — No permanent structures shall be constructed within the existing right-of-way of EI Camino Real to allow for future widening. GRADING AND DRAINAGE 46. Retaining Wall — The proposed retaining wall shall not be constructed within the right-of-way of EI Camino Real. 47. Drainage retention — All drainage shall be retained on-site in accordance with the City Storm Water Master Plan, Drainage Zone "A" by infiltration basins approved by the Director of Public Works. 48. Drainaqe desiqn — All drainage facilities shall be designed to accommodate a 100-year storm flow.. 49. Soils report — A preliminary soils report shall be prepared by a registered civil engineer and supported by adequate test borings, unless waived by the Building OffiCial. All earthwork design and grading shall be performed in accordance with the approved soils report. 50. Adjacent structures — The grading plan design shall include measures to protect the adjacent structures and property from damage due to the construction. WATER 51.. Relocate Water Facilities — The existing water air release valve shall be relocated behind the proposed sidewalk, as required by th� Director of Public Works. 52. Install new fire hydrant — A new fire hydrant shall be tapped into the City water main and installed in front of the project site in accordance with the Standards and Specifications of the Public Works Department. RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 10 53. On-site private fire lines — Private on-site fire sprinkler lines, if required by the Building and Fire Departments, shall be connected to the public water system with a backflow prevention assembly. The backflow assembly shall be painted green. Fire Department connections shall be located per the Fire Department requirements. 54. Water-sewer crossinqs — All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 55. Water meters — Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. Separate meters may be used for irrigation. WASTEWATER 56. Sewer connection — The on-site sewer system shall be private and shall connect to the public sewer system in a single location. Sewer laterals larger than 4 inches shall connect to the public system at a manhole. 57. Existinq Services — Existing water and sewer services not used by the project shall be abandoned per the requirements of the Director of Public Works. PUBLIC UTILITIES 58. Utility company review — All public improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 59. Underground existing overhead utilities — Unless waived by the Planning Commission and/or City Council (see Attachment 1 for applicant's letter requesting an exception to the undergrounding requirement), the applicant shall remove the existing utility pole within the project site located in the proposed general parking area facing EI Camino Real and place the existing overhead utility lines underground within the boundaries of the project. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: .� 61 62. Curb and sidewalk — A concrete curb, gutter and 6-feet wide concrete sidewalk shall be constructed along the property frontage. Parkinq lot stripinq — The parking lot spaces shall utilize double line striping. Site utilities — Prior to approving occupancy, all public utilities shall be operational. � � i � RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 11 .,. . 63. Mitigation fees — The applicant shall participate and pay for fair share of sewer impact fees for the City "E/ Camino Real (Sewer) Upgrade Project #3-2" and the "Walnut Street (Sewer) Upgrade Project #3-3" in accordance with the City Wastewater Master Plan. 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: MITIGATION MEASURES 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 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, pay the in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Dept: 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. IVlonitoring: Responsible Dept: Timeframe: Review of building plans Building and Fire Department 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 irrigation shall be minimized. RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 12 Monitoring: Responsible Dept Timeframe: Review of landscaping and irrigation plans Parks & Recreation Department Prior to issuance of building permit 4. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on-site retention basins to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 5. All runoff water from impervious areas shall 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 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 mph. 7. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 8. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 9. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. 10. 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. 11. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. RESOLUTION NO. 03-1869 MAY 6, 2003 PAG E '! 3 12 13 Monitoring: Review of grading and building plans and site inspections. Responsible Depts: Public Works and Building & Fire Departments shall inspect plans and spot check in the field Timeframe: Prior to issuance of a grading permit and during construction 14. The applicant shall pay the City's Traffic and Signalization Impact fee prior to issuance of building permit. The applicant shall pay the fee Public Works Department Prior to issuance of building permit � � Monitoring: Responsible Dept: Timeframe: 15. 1 , Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. For Mitigation Measures No. 6-13: The applicant shall pay the City's Transportation Facilities Impact fee. Monitoring: Responsible Dept: Timeframe: 16 17 The applicant shall pay the fee Public Works Department Prior to issuance of building permit All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. 18. 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. For Mitigation Measures No. 16 —18: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 14 19. The applicant shall pay the project's proportional share of the sewer impact fees Monitoring: Responsible Dept: Timeframe: The applicant shall pay the required fee. Public Works Department Prior to issuance of building permit 20. The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site." Monitoring: Review of grading plans and site visits by the Public Works Inspector Responsible Depts: Public Works and Building & Fire Departments Timeframe: Prior to issuance of a grading permit and during site grading , , RESOLUTION NO. 03-1869 MAY 6, 2003 PAG E 5 Department and the Parks & Recreation Department. The include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted landscaping plan shall utility and mechanical equipment; c. The required landscaping 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; 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 15-gallon size. 7. The Final Landscape Plan shall show trees planted along the south border of the project site adjacent to the off-street parking. The trees should be of inedium height at maturity (20-40 feet), similar to "Mock Orange" trees (botanical name "Undulatum pittosporum") PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 18. 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".. 19. All electrical panel boxes shall be installed inside the building. ARCHITECTURAL REVIEW COMMITTEE 20. 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. PARKS AND RECREATION DEPARTMENT CONDITIONS 21. 22 The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. � Linear root barriers shall be used for trees planted along the property frontage. POLiCE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 23. The applicant shall submit an exterior lighting plan for Police Department approval. RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 6 PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 24. 25. 26. The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. 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. BUILDING AND FIRE DEPARTMENT 27. 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. � � All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. The project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. PRIOR TO ISSUING A BUILDING PERMIT: 30. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. PRIOR TO OCCUPANCY: 31. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 32 33 Fire hydrants shall be installed, per Fire Department and Public Works Department standards. All buildings must be fully sprinklered per Building and Fire Department guidelines. PUBLIC WORKS DEPARTMEN� 34. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). � . . .. RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 7 PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conclitions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. GENERAL IMPROVEMENT REQUIREMENTS RESOLUTION NO. 03-1869 MAY 6, 2003 PAGE 8 35. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 36 37. 38. Improvements required — All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Street improvement plans. 39. Site Plan Requirements — The site plan shall include the following: Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. Gradin — All grading shall be done in accordance with the City Grading Ordinance. a. The location and size of all water, sewer and stormwater facilities within the project site and abutting streets or alleys. b. Location, quantity and size of all sewer laterals. c. The location, size and orientation of all trash enclosures. d. All property lines, right-of-ways and easements. e. The location and dimension of all paved areas. f. The location of all public or private utilities. g: The location of all existing and proposed improvements such as retaining walls, walkways, parking. 40. Improvement aqreement — Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements. 41 42 Parkinq lot desiqn — The cross slope on parking lot driving lanes shall not exceed 5 percent. Entrance desiqn — The driveway entrance shall be designed with• curb returns having a minimum radius of 15 feet.