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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: � �� � r�. L N REARDOfV-SMITH, COiVIMiSSiON CLERK /��// ��iJ • i � 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. 16 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". � � 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. 24 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. , . . .. .. .. . � � . �-. .. .. . �.:��-..�-_, _ . 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 �