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PC R 02-1849RESOLUTION NO. 02-1849 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 02-003, LOCATED ON THE NORTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET, APPLIED FOR BY LARRY PERSONS WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit Case No. 02-003, filed by Larry Persons, to revise the senior housing portion of a previously approved a mixed use development (CUP 01-014); and " WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission finds 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 the proposed project is Categorically Exempt per Section 15305 of the CEQA Guidelines; 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 Senior Housing (SR) 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. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 2 Architectural Review Findings: 1. The proposal is consistent with the general architectural review guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. 5. : The proposal is not detrimental to the orderly and harmonious development of the City. The proposal will not impair the desirability of investment or occupation in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Conditional Use Permit Case No. 02-003, 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 Keen, and by the following roll call vote, to wit: AYES: Commissioners Brown, Keen, Fowler, Guthrie and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 3`� day of September 2002. ATTE T: , � LY REARDON-SMITH, COMMISSION CLERK �. (..�� EPH M. COSTELLO, CHAIR ��vv v���v��v� � / COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 3 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 02-003 Larry Persons 1530 East Grand Avenue • ►i ►i ► r � • ' ii ► � ' _ : ►i ► ► C: •►� •► This approval authorizes amendments to a previously approved 108-unit senior housing project as shown in the attached Exhibits "B1 — B8". 2. 3. 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. 02-003. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 01-014 (Exhibit "C"). 4. This application shall automatically expire on September 3, 2004 unless a building permit is issued. Thirty 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. 5. Development shall occur in the Planning Commission Exhibits "C1 — C8". EXHIBIT "A" substantial conformance with the plans presented to at the meeting of September 3, 2002, and marked 6. 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. RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 4 EXHIBIT "C" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01-014 Larry Persons 1524 & 1542 East Grand Avenue • ►i ►i ► r � • ' ►i ► � _ : ►� ► ► :_ •►� •►� This approval authorizes construction of a mixed-use development, including 108 senior apartment units and three commercial structures totaling 18,879 square feet as shown in the attached Exhibits "D1 — D13". 1. 2. 3. This application shall automatically expire on February 19, 2004 unless a building permit is issued. Thirty 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 Planning Commission at the meeting of February 19, 2002, and marked Exhibits "B1 — B13". 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. 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. 01-014. � •�►� . •� � 7 Development shall conform to the General Commercial (GC) and Senior Housing (SR) zoning requirements except as otherwise approved. Signage shall be subject to the requirements of Development Code Chapter 16.60. r� Setbacks shall be as shown on the development plans except as specifically modified by these conditions. � RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 5 9. �L01�.E 10. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. 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 or Sunday. . ► 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. �_ : 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. �.' � i 7 � I� 1� i�/_[.� �� 13. Solid waste pick-up location as identified is acceptable. 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. [.9,3aF_«iTi ► � • ► � 15. The development shall be restricted to senior citizens (ages 55 and older). 16. One-hundred percent (100%) of the apartment units shall be reserved for low and moderate-income seniors through a 30-year deed restriction recorded on the property, or equivalent restrictive covenant. Annual reports shall be submitted to the City from an independent agency (such as the San Luis Housing Authority) verifying compliance to this restriction. PRIOR TO ISSUING A BUILDING PERMIT: 17. A landscaping and irrigation plan architect subject to review and Department and Parks and Recrea include the following: shall be prepared by a licensed landscape approval by the Community Development tion 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 RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 6 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. 18. All walls, including screening and retaining walls, shall be compatible with the approved architecture and Development Code Standards, subject to the review and approval of the Community Development Director. PRIOR TO OCCUPANCY: 19. 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". 20. Prior to paint or stucco color coat being applied to any of the buildings, the applicant 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. � : . : � : � • ►� ►� �� 21. Prior to issuance of building permit, the applicant shall submit a color and materials board for ARC review and approval. 22. 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 with materials architecturally compatible with the main structure. 23. All electrical panel boxes shall be installed inside the building. '': _►� : : •► � '': ii ► •�� •► 24. On the final Landscape Plan, the Bottle Brush trees shall be replaced with a tree selected from the approved City street tree list. All trees shall be 15-gallon or larger. 25. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 7 26. 27. 28. 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 and shall be located a minimum of one (1) tree for every seventy-five feet (75') of street frontage. Any trees removed shall be replaced on site. �• � �: ►� ► PRIOR TO ISSUING A BUILDING PERMIT: 29. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO OCCUPANCY: 30 31 The applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. The applicant shall post handicapped parking, per Police Department requirements. � ► ' ► � : � ' : 11 ► 32. 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. 33 34. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines, and have a 35-foot minimum inside radius. The project shall have a fire flow that complies with the Unified Fire Code requirements. 35. The entire site shall be ADA accessible. 36. Note that some fee credits are due from previously issued demolition permit. PRIOR TO ISSUING A BUILDING PERMIT: 37 ��:3 The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. County Health Department approval is required for food service occupancies. PRIOR TO BRINGING COMUSTABLES ON SITE: RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 8 39. Fire hydrants shall be installed, per Fire Department and Public Works Department standards. PRIOR TO OCCUPANCY: 40. 41 42 The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. All buildings must be fully sprinklered per Building and Fire guidelines. 43. The applicant shall install opticom traffic signal pre-emption devices at the Oak Park/EI Camino and Oak Park/West Branch Street intersections, per the approval of the Fire Chief. PLIBLI WORKS DEPARTMENT ► : � u ' : • ►� ► : � : ►� ► 44. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, fhe "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. RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 9 (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. 45. 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. 46. Encroachment Permit — The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 47. Grading — All grading shall be done in accordance with the City Grading Ordinance. 48. Courtland Street — The west side of Courtland Street shall be overlayed to the centerline along the length of the subject property. PRIOR TO ISSUING A BUILDING PERMIT: 49. No building permit shall be issued until the Final Parcel Map (TPM 01-004) has been recorded. 50. 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 ISSUING A CERTIFICATE OF OCCUPANCY: RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 10 51. All project improvements shall be constructed prior to occupancy, except for nonessential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 52. All public utilities shall be operational. ►i • ► ►i : 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: � The project shall be subject to the City's Grading Ordinance (303 C.S.) and other regulations and policies regarding grading and erosion. Monitoring: Review of grading plan Responsible Depts: Parks, Recreation and Facilities; Public Works Timeframe: Prior to and during construction 2. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing 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, paying an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Dept: Public Works Timeframe: Prior to issuance of building permit 3. 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: Review of building plans Responsible Dept: Building & Fire Timeframe: Prior to issuance of building permit RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 11 4. 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 & Facilities Timeframe: Prior to issuance of building permit � 5. 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: Responsible Dept: Timeframe: Review of grading plans Public Works Prior to issuance of a grading permit 6. 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: Responsible Dept: Timeframe: 7. Provide one bicycle parking space for every ten commercial car parking spaces. With 82 parking spaces proposed, eight (8) bicycle parking spaces are required. Review of drainage/grading plans Public Works Prior to issuance of grading permit Monitoring: Review of improvement plans . Responsible Depts: Public Works and Community Development Timeframe: Prior to issuance of building permit 8. 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. Reclaimed (non-potable) water should be used whenever possible. 9. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 10. Permanent dust control measures shall be identified in the revegetation and landscape plans and should be implemented as soon as possible following completion of any soil disturbing activities. 11. Exposed ground areas that are planned to be reworked at dates greater than one RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAG E 12 month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. 12. 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. 13. 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. 14. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 15. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. For Measures 8-15: Monitoring: Review of grading plan and site inspections Responsible Depts: Public Works and Building & Fire shall inspect plans and spot check in the field Timeframe: Prior to issuance of grading permit and during construction 16. The applicant shall pay the Traffic Signalization Impact fee. 17. The applicant shall pay the City's Transportation Facilities Impact fee. For Measures 16-17: Monitoring: The applicant shall pay the fees Responsible Dept: Building & Fire Timeframe: Prior to issuance of building permit 18. The applicant shall interconnect the existing signals at the Oak Park intersections with West Branch Street and EI Camino Real. Monitoring: The applicant shall coordinate the existing signals Responsible Dept: Public Works Department Timeframe: Prior to occupancy 19. The project shall continue to provide a separate southbound left/through lane and right turn lane on Courtland Street at East Grand Avenue. This will require continued parking prohibition using regulatory signs and/or red curb painting from East Grand Avenue to the project southerly driveway along the west side of Courtland Street. �� � Monitoring: The applicant shall install the improvements Responsible Department: Public Works Department Timeframe: Prior to occupancy RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 13 20. 21. Monitoring: The applicant shall install the improvements Responsible Dept: Public Works Department Timeframe: Prior to recording the map The project shall provide the addition of right turn overlap phases on the southbound and westbound approaches to the Oak Park/EI Camino Real intersection. The developer shall plant four (4) 48" box Coast Live Oak trees on the project site as mitigation for removing the existing 24" diameter Coast Live Oak tree. Monitoring: Field inspection Responsible Dept: Parks & Recreation, Community Development Timeframe: Prior to issuing a certificate of occupancy 22. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 23 All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. 24. To the greatest extent possible, grading and/or excavation should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. For Measures 21-24: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Timeframe: During construction 25. The applicant shall pay the project's proportional share of the sewer impact fees. Monitoring: Pay required fee. Responsible Dept: Public Works Timeframe: Prior to issuance of building permit 26. Consistent with the recommendations found in the Phase 1 cultural resources surface survey, a Phase 2 sub-surface testing must be performed in the areas of concern. RESOLUTION NO. 02-1849 AMENDED CONDITIONAL USE PERMIT 02-003 PAGE 14 Monitoring: The applicant shall submit results of a Phase 2 sub- surface analysis. Responsible Depts: Public Works and Community Development Timeframe: Prior to issuance of grading permit 27. 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 contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures." Monitoring: Construction plans shall be reviewed. Responsible Dept: Public Works Timeframe: Prior to issuance of grading permit 28. The applicant shall pay all applicable Park Development and Community Center Impact fees. Monitoring: The applicant shall pay the fees to the City. Responsible Dept: Parks & Recreation Timeframe: Prior to issuance of building permit