PC R 03-1859RESOLUTION NO. 03-1859
A RESOLUTION OF THE PLANNING 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. 02-009, LOCATED AT 1570 WEST BRANCH STREET, APPLIED
FOR BY JAMES WOOD
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an
application for Conditional Use Permit Case No. 02-009, filed by James Wood, for
construction of a new 6,000 square foot commercial-retail 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 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. 03-1859
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. 02-009.
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 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. 02-009, 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 Fowler, and by the
following roll call vote, to wit:
AYES: Commissioners Brown,
NOES: Commissioner Arnold
ABSENT: None .
Fowler, Guthrie and Vice Chair Keen
the foregoing Resolution was adopted this 21S' day of January 2003.
ATT T:
,
L REARDON-SMITH,
COMMISSION CLERK
TO CONTEN
COMMUNITY DEVELO�i1AENT DIRECTOR
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RESOLUTION NO. 03-1859
PAG E 3
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EXHIBIT "
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 02-009
James Wood
1570 West Branch Street
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This approval authorizes the construction of a new 6,000 square foot commercial-retail
building, including an area for coffee service and a 300 square foot mezzanine.
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. 02-009.
3. This application shall automatically expire on February 25, 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 —
B5".
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.
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Development shall conform to the Highway Service (H-S) zoning requirements of
the Oak Parks Planned Development zoning requirements except as otherwise
approved.
Signage shall be subject to the requirements of Development Code Chapter 16.60,
and as approved per Administrative Sign Program Case No. 02-001.
RESOLUTION NO. 03-1859
PAGE 4
8.
9.
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10.
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.
Construction shall be limited to befinreen the hours of 7 a.m. and 6 p.m. Monday
through Friday, and between 8 a.m. and 5 p.m. on Saturday or Sunday.
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11. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
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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.
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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 Community Development Director shall approve plans for the trash enclosure.
16. A landscaping and
architect subject to
Department and the
include the following:
irrigation plan shall be prepared by a licensed landscape
review and approval by the Community Development
Parks & Recreation Department. The landscaping plan shall
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
RESOLUTION NO. 03-1859
PAGE 5
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.
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.
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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.
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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.
All street front trees shall be 24-inch box.
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PRIOR TO ISSUING A BUILDING PERMIT:
24. The applicant shall submit an exterior lighting plan for Police Department approval.
RESOLUTION NO. 03-1859
PAGE 6
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
25.
26.
27.
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.
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28. 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.
29.
30.
31.
All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
The project shall provide a 35-foot inside turning radius for all fire lanes.
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:
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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 obtain County Health Department approval for any proposed
food service.
PRIOR TO OCCUPANCY:
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The applicant must provide an approved "security key vault" per Building and Fire
Department guidelines.
The buildings must be fully sprinklered per Building and Fire guidelines.
36. An opticom traffic signal pre-emption device shall be installed that meets Building
and Fire Department requirements at Oak Park Boulevard and West Branch Street
(if not already existing prior to issuance of occupancy).
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RESOLUTION NO. 03-1859
PAGE 7
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37. SitP MaintPnance - 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.
38. Fnr.roa�hmPnt Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
39, 1m�r�vPment Plans — A grading, drainage and erosion control plan shall be
prepared by a registered Civil Engineer and approved by the Public Works
Department.
40.
41
�raciina - All grading shall be done in accordance with the City Grading
Ordinance.
Parkina Int stri� — The parking lot spaces shall be delineated with double
striping.
42. �.treP rP�airs — 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.
43. EeE.� - 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
RESOLUTION NO. 03-1859
PAGE 8
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.
11T11 ITIFS
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45
46
Any existing water and sewer services shall bP abandoned per the requirements
of the Director of Public Works.
All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
All new public utilities shall be installed as underground facilities.
47. 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.
48. 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:
RESOLUTION NO. 03-1859
PAG E 9
49. 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.
PRIOR TO A CERTIFICATE OF OCCUPANCY:
50. 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.
51. All public utilities shall be operational.
52. 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.
RESOLUTION NO. 03-1859
PAGE 10
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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:
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1. The applicant shall complete measures to neutralize the estimated
increase in water demand created by the project by either:
Implement an individuat 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.
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:
Responsible Dept:
Timeframe:
Review of landscaping and irrigation plans
Parks & Recreation Department
Prior to issuance of building permit
4. 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
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RESOLUTION NO. 03-1859
PAGE 11
areas in the later morning and after work is completed for the day and
whenever wind exceeds 15 miles per hour.
5. Soil stockpiled for more than finro days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
6. 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.
7. 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.
8. 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.
9. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site.
10. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be
used where feasible.
For Mitigation Measures No. 4-10:
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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
The applicant shall pay the City's Traffic and Signalization Impact fees
prior to issuance of building permit.
Monitoring:
Responsible Dept:
Timeframe:
The applicant shall pay the fees
Public Works Department
Prior to issuance of building permit
12. All construction equipment shall be provided with well-maintained,
functional mufflers to limit noise..
13.
All construction activities shall comply with the time limits specified by the
Arroyo Grande Municipal Code.
RESOLUTION NO. 03-1859
PAGE 12
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.
For Mitigation Measures No. 12 —14:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction
15. 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
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