PC R 03-1862RESOLUTION NO. 03-1862
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 APPROVE CONDITIONAL USE
PERMIT CASE NO. 01-012, LOCATED AT 1620 CHILTON STREET,
APPLlED FOR BY MARG HUGGINS
WFlEREAS, the Planning Commission of the City of Arroyo Grande has considered an
application for Conditional Use Permit Case No. 01-012, filed by Marj Huggins, for
construction of two 180 square foot commercial buildings; 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 provides a commercial
use with a low level of intensity adjacent to a residential district and preserves the
natural landscape of the site.
3. The site is suitable for
proposed because all the
would be provided.
he 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. 03-1862
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. 01-012.
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, instruct the Commission
Clerk to file a Notice of Determination, and approve Conditional Use Permit Case No. 01-
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: Commissioner's Brown, Arnold, Fowler, Guthrie and Vice Chair Keen.
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 18th day of March 2003.
ATT ST:
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L N REARDOfV-SMITH,
COiVIMiSSiON CLERK
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AS TO C�NTE
COMMUNITY DEV�LOPMENT DIRECTOR
RESOLUTION NO. 03-1862 �
MARCH 18, 2003
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 01-012
Marj Huggins, Natures Design
1620 Chilton Street
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a two 189 square foot buildings, including an
office and a building for the storage and display of natural and/or recycled materials.
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 Case No. 01-012.
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. This application shall be reviewed by the Community Development Director on an
annual basis for the first five years of operation to ensure that all conditions of
approval are satisfied, and the operation remains in substantial conformance, and
in a manner consistent with the approval granted by CUP 01-012.
5. Appointment only Hours of operation are restricted to Mondays through Fridays
from 8:OOAM to 7:OOPM unless otherwise approved by the Community
Development Director. No outdoor activities may take place before 8:OOAM or
after 6:OOPM.
6. Access to the site is restricted pursuent to the reciprocal easements recorded for
AGAL-057 (Doc No. 1997-021911 Official Records SLO CO).
7. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of March 18, 2003 and marked Exhibits "B1 — 64".
8. 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
RESOLUTION NO. 03-1862
MARCH 18, 2003
PAC�E 4
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
9. Development shall conform to the General Commercial (GC) zoning requirements
except as otherwise approved.
10. Any proposed signage shall be subject to the requirements of Development Code
Chapter 16.60, and approved per and application for an Administrative Sign
Permit.
11. Building placement and display areas shall be as shown on the development plans
except as specifically modified by these conditions. There shall be no outdoor
storage or display of materials outside of proposed display areas. Display
products shall be maintained in an distinct and orderly fashion to reduce the
potential for safety hazards.
NOISE
12. 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.
LIGHTING
13. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
WATER
14. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include water saving toilets.
PRIOR �O ISSUING A BUILDING PERMIT:
15.
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The Community Development Director shall approve plans for the trash enclosure.
No RV parking shall be allowed on site.
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".
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RESOLUTION NO. 03-1862
MARCH 18, 2003
PAGE 5
18. The applicant shali post handicapped parking, per Police Department
requirements.
ARCHITECTURAL REVIEW COMMITTEE
19. Fencing along Chilton Street shall be wood as depicted on the fence elevation
on Exhibit B-3. Shelving on the interior of the fence shall be repaired and
maintained.
PARKS AND RECREATION DEPARTMENT CONDITIONS
20. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
21. An arborist report tree preservation plan update prepared by a licensed
landscape architect is required for review and approval by the Community
Development Department and the Parks & Recreation Department to include
provisions for earthwork beneath dripline of Oak trees and grading impacts. All
footings shall be hand trenched due to their proximity to the dripline of Oak trees.
BUILDING AND FIRE DEPARTMENT
22. 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.
23. The van accessible ADA parking space shall be nine feet in width with an eight
foot cross-hatched area per Development Code Section 16.56.070 and as
approved by the City Building Inspector.
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25.
The applicant maintain emergency access from Chilton Street through access
gate in substantial conformance to Exhibit B-3.
The project shall have a fire flow of 1,200 gallons per minute for a duration of
two hours.
PRIOR TO ISSUING A BUILDING PERMIT: '
26. 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:
27. A fire hydrant shall be installed per Fire Department and Public Works Department
standards.
RESOLUTION NO. 03-1862
MARCH 18, 2003
PAGE 6
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
28. Site Maintenance - The developer shall be responsible during construction for
cleaning city streets, curbs and gutters 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.
29. The applicant shall rectify prior grading violations in substantial conformance with
the project plans submitted to the Planning Commission on March 18, 2003 and in
accordance with City standards as approved by the Public Works Director.
30. Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
31. Improvement Plans — A grading, drainage and erosion control plan shall be
prepared by a registered Civil Engineer and approved by the Public Works
Department.
32. Gradinq - All grading shall be done in accordance with the City Grading Ordinance
33. 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, rese►vations, 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
RESOLUTION NO. 03-1862
MARCH 18, 2003
PAGE 7
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.
UTILITIES
34. Any existing water and sewer services shall be abandoned per the requirements of
the Director of Public Works.
35. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
36. All new public utilities shall be installed as underground facilities.
37. 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.
38. Prior to approval of an improvement plan, the applicant shall enter into an
agreement with the City for inspection of the required improvements.
RESOLUTION NO. 03-1862
MARCH 18, 2003
PAGE 8
PRIOR TO A CERTIFICATE OF OCCUPANCY:
39. 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.
40. All public utilities shall be operational.
41. All improvements required by these conditions shall be either:
Fully constructed and accepted by the City; or
Guaranteed by an improvement agreement and financial securities. The agreement and
securities shall be in a form acceptable to the City.
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43. Curb and gutter - Th
Street frontage of the
APN 077-011-013).
� applicant shall install new curb and gutter along the Chilton
project site (parcel `C') and the adjacent property (parcel `D' —
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:
2
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
The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Departrrient: Building & Fire Department
Timeframe: Prior to issuance of building permit
3. The developer shall submit an updated arborist report for approval of the
RESOLUTION NO. 03-1862
MARCH 18, 2003
PAGE 9
Community Development Director and the Parks and Recreation Director to
address revised plan showing buildings within the dripline of existing trees.
Monitoring: Updated report and Field inspection
Responsible Dept: Parks & Recreation, Community Development
Timeframe: Prior to issuing a building permit
4. All construction equipment shall be provided with well-maintained,
functional mufflers to limit noise.
5. All construction activities shall comply with the time limits specified by the
Arroyo Grande Municipal Code.
6. 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.
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Department: Public Works Department
Timeframe: During construction
7. The applicant shall pay the project's proportional share of the sewer impact
fees.
Monitoring: The applicant shall pay the required fee.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
8. The applicant shall maintain site screening by providing fencing and
additional landscaping compatible with existing Oak tree habitat to reduce
visual impacts from outdoor display areas.
Monitoring: Site inspection
Responsible Department: Community Development Department
Timeframe: Annual site inspection
9. 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, and archeological resources are uncovered, all work shall be halted
until the City has reviewed the resources for their significance. If human
remains (burials) are encountered, the County Coroner (781-4513) shall be
RESOLUTION NO. 03-1862
MARCH 18, 2003
PAGE 10
contacted immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
Monitoring: Construction plans shall be reviewed prior to
issuance of a grading permit to ensure
the note is in place.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of grading permit
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