PC R 03-1868-�
RESOLUTION NO. 03-1868
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION, INSTRUCT THE COMMISSION CLERK TO FILE A
NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE
PERMIT CASE NO. 02-012, LOCATED AT 234 HALCYON ROAD,
APPLIED FOR BY TOM McGONAGILL
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an
application for Conditional Use Permit Case No. 02-012, filed by Tom McGonagill, to
remove two (2) existing residences and construct a new 7,881 square foot office building;
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 General Commercial 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
proposed because all the
would be provided.
the type and intensity of use or development that is
necessary easements, circulation, parking and setbacks
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. 03-1868
MARCH 18, 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. 02-012.
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 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 adopts a Mitigated Negative Declaration, instructs the Commission
Clerk to file a Notice of Determination, and approves Conditional Use Permit Case No.
02-012, 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 Arnold, and by the
following roll call vote, to wit:
AYES: Brown, Arnold,
NOES: None
ABSENT: None
Fowler, Guthrie and Vice Chair Keen
the foregoing Resolution was adopted this 18 day of March 2003.
ATTEST:
f2 �`P��iLr%�f'h -
LY REARDON-SMITH,
COMMISSION CLERK
AS TO CONTENT:
ROB STRO G,
COMMUNITY DEV LOPMENT DIRECTOR
� �-�'
JC) N KEEN, VICE-CHAIR
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 3
EXHIBIT "
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 02-012
Tom McGonagill
234 Halcyon Road
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the removal of two (2) residences and construction of a new
7,881 square foot professional office building.
1
2
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. 02-012.
3. This application shall automatically expire on March 18, 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 February 25, 2003 and marked Exhibits "B1 —
B6".
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
C�
7
Development shall conform to the Office Professional (0) zoning requirements
except as otherwise approved.
Signage shall be subject to the requirements of Development Code Chapter 16.60.
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 4
No signage has been approved with this Conditional Use Permit.
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
9. All parking spaces adjacent to a wall, fence, or property line shall have a minimum
width of 11 feet.
NOISE
10. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday
through Friday, and befinreen 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. The applicant shall submit an exterior lighting (photometric) plan for parking area
lighting.
16. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
,
�
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 5
�
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 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 the Crape Myrtle trees
(Lagerstroemia "Zuni') replaced with Victorian Box trees (Pittosporum
undulatum).
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
17. 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". .
18. The developer shall paint a test patch on the building including all colors. The
remainder of the building may not be painted until inspected by the Community
Development Department or Building and Fire Department to verify that colors are
consistent with the approved color board. A 48-hour notice is required for this
inspection.
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.
21
The cap and the false vent on the chimney shall be removed.
22. The false triangle vents located on the upper walls of the two front entries shall
be removed. .
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 6
23. The two (2) screen walls located at the Dodson Way access shall be a maximum
of three feet in height, shall be capped along the top, and shall match the stone
veneer of the building walls.
24. Prior to issuance of building permit, the applicant shall bring actual samples of
the building materials and colors to the ARC for final approval, and shall submit
revised plans identifying a horizontal architectural feature(s) to break up the
blank north facing wall.
PARKS AND RECREATION DEPARTMENT CONDITIONS
25
26
The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
Linear root barriers shall be used at the front of the project to protect the
sidewalks.
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
27. The applicant shall submit an exterior lighting plan for Police Department approval
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
�'�'
29.
30
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 appficant shall post handicapped parking, per Police Department
requirements.
BUILDING AND FIRE DEPARTMENT
31. 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.
32
All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
33. The project shall provide a 35-foot inside turning radius for all fire lanes.
RESOLUTION NO. 03-1868 �
MARCH 18, 2003
PAGE 7
34. The project shall have a fire flow of 1,500 gallons per minute for a duration of two
hours.
PRIOR TO ISSUING A BUILDING PERMIT:
35.
36.
The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
The applicant shall show proof of County Air Pollution Control Board approval for
the demolition permit.
PRIOR TO OCCUPANCY:
37. The applicant must provide an approved "security key vaulY' per Building and Fire
Department guidelines.
:
39
Fire hydrants shall be installed, per Fire Department and Public Works Department
standards.
Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
40. 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.
41. Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
42. Improvement Plans — A grading, drainage and erosion control plan shall be
prepared by a registered Civil Engineer and approved by the Public Works
Department.
43. Grading and Drainaqe - All grading shall be done in accordance with the City
Grading Ordinance. Prior to issuing a grading permit, a drainage analysis shall
be prepared by a licensed civil engineer and submitted for review and approval
by the Director of Public Works.
44. Parking lot striping — The parking lot spaces shall be delineated with double
striping.
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 8
45. Street repairs — The applicant shall replace any cracked or broken curb, gutter,
sidewalk, or driveway approach on the property, and shall replace any
abandoned driveway approaches on the property with new curb, gutter and
sidewalk. The access driveway on Halcyon Road shall be signed as a "Right in
and Right out Only'; and shall have radius curb returns.
46. 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).
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
conditions 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
�-
�I
�-
_�
�
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 9
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. �
UTILITIES
47
.,;
All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
The water and sewer laterals not being used must be abandoned.
49. All new public utilities shall be instalfed as underground facilities.
50. All existing public overhead utilities which are onsite and within six feet (6') of the
property lines shall be removed subject to Public Works Department approval
after consultation with PG&E.
51. All 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.
52. Prior to approval of an improvement plan, the applicant shall enter into an
agreement with the City for inspection of the required improvements.
PRIOR TO ISSUING A BUILDING PERMIT:
53. Prior to acceptance of the improvements, the applicant shall provide reproducible
mylars, 2 sets of prints of the approved record drawings (as-builts) and electronic
(e.g. Autocad) files where available.
54. All easements, abandonments, or similar documents to be recorded as a
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 fees.
55. Landscape and irrigation plans are required within the public right of way, and
shall be approved by the Community Development Department, the Parks,
Recreation and Facilities Department, and the Public Works Department.
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 10
56. A preliminary soils report shall be 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.
PRIOR TO A CERTIFICATE OF OCCUPANCY:
57. All project improvements shall be constructed prior to occupancy, except for non-
essential improvements, which may be guaranteed by an agreement and
financial securities as provided for in Section 16.68.070 of the Development
Code.
58. All public utilities shall be operational.
59. All improvements required by these conditions shall be either:
a. Fully constructed and accepted by the City; or
b. Guaranteed by an improvement agreement and financial securities. The
agreement and securities shall be in a form acceptable to the City.
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
agency that the mitigation measures have been implemented.
Mitigation Measures:
MITIGATION MEASURES
1.
department or
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.
11Aonitoring: 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.
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 11
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:
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.
Monitoring: Review of landscaping and irrigation plans
Responsible Dept: Parks & Recreation Department
Timeframe: 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 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.
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.
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 12
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.
12.
13.
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:
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
iL•:
The applicant shall pay the City's Traffic and Signalization Impact fee prior to
issuance of building permit.
Monitoring:
Responsible Dept:
Timeframe:
15.
The applicant shall pay the fee
Public Works Department
Prior to issuance of building permit
The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring:
Responsible Dept
Timeframe:
The applicant shall pay the fee
Public Works Department
Prior to issuance of building permit
16. Protective fencing shall be installed around the tree to remain at the dripline, or
as directed in the field by the arborist. The fencing shall be installed prior to
any site clearing, grading, or demolition activities, and shall remain in place
until construction is complete, including landscaping.
RESOLUTION NO. 03-1868
MARCH 18, 2003
PAGE 13
17.
�
No equipment, materials or vehicles shall be allowed within the tree protection
area.
No concrete washout or other construction wastes shall be allowed within the
tree protection area.
19. All utility trenching within twenty (20) feet of the tree trunk should be avoided.
If trenching within this zone is unavoidable, the utilities should be installed
using a directional boring method rather than an open trench. The bore should
be at least thirty (30) inches deep to avoid roots.
20. Any roots two (2) inches in diameter or larger injured during construction
should be cleanly pruned with a sharp handsaw, back to sound tissue. The
cuts shall not be painted. The excavation shall be backfilled immediately to
keep roots moist.
21. Porous pavers shall be used within the dripline of the oak tree.
22. Preferably, no landscaping shall be planted within the dripline of the oak tree.
If any landscaping is used, it shall be drought tolerant in limited quantities.
For Mitigation Measures No. 16 — 22:
Monitoring: Field inspection
Responsible Department: Parks & Recreation, Community
Development Departments
Timeframe: Prior to issuance of grading permit and
during construction
23
�
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.
25. 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. 23 — 25:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction
4
1
�