PC R 02-1831RESOLUTION NO. 02-1831
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION, INSTRUCTING THE
SECRETARY TO FILE A NOTICE OF DETERMINATION,
AND APPROVING CONDITIONAL USE PERMIT CASE NO.
01-013, LOCATED AT 1133 MAPLE STREET, APPLIED
FOR BY CALVARY CHAPEL OF ARROYO GRANDE.
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an
application for Conditional Use Permit Case No. 01-013, filed by Calvary Chapel of Arroyo
Grande, for the removal of an existing church facility and construction of a new church
sanctuary and fellowship/youth ministry totaling 22,386 square feet; 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 N0. 02-1831
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. 01-013.
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 Secretary to
file a Notice of Determination, and approves Conditional Use Permit Case No. 01-013,
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 Gutherie, seconded by Commissioner Fowler, and by the
following roll call vote, to wit:
AYES: Commissioners Guthrie, Fowler, Keen, Brown and Chair Costello.
NOES: None.
ABSENT: None.
the foregoing Resolution was adopted this 19` day of March 2002.
ATTEST:
h �
Lyn Reardon-Smith Commission Clerk
AS TO CO TENT: -�— v
Rob St ong, Com unity D velopment Director
Jos�ph M. Costello, Chair
RESOLUTION NO. 02-1831
PAGE 3
ExHiBiT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 01-013
Calvary Chapel of Arroyo Grande
1133 Maple Street
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the removal of an existing church facility and construction of a
new church sanctuary and fellowship/youth ministry totaling 22,386 square feet.
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. 01-013.
3. This application shall automatically expire on March 19, 2004 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 Planning Commission at the meeting of March 19, 2002 and marked Exhibits
"B 1 — 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.
DEVELOPMENT CODE
6. Development shall conform to the Public and Quasi-Public Facilities (PF) zoning
requirements except as otherwise approved.
7. Signage shall be subject to the requirements of Development Code Chapter 16.60.
RESOLUTION N0. 02-1831
PAGE 4
8.
9.
NOISE
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 between the hours of 7 a.m. and 8 p.m. Monday
through Friday, and between 8 a.m. and 5 p.m. on Saturday or 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. 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 church
structures. The trash enclosure area shall accommodate recycling container(s).
14. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage.
SPECIAL CONDITION
15. Per the Uniform Building Code, the maximum occupancy for both buildings
combined is 1,258 persons.
PRIOR TO ISSUING A BUILDING PERMIT:
16. The applicant shall submit details of all proposed fencing and retaining walls for
approval by the Community Development Director. Any fence, wall, or combination
thereof exceeding six feet (6') but less than eight feet (8') in height shall require a
Minor Exception approved by the Community Development Director. Any fence,
wall, or combination thereof exceeding eight feet (8') in height shall require a
Variance approved by the Planning Commission.
RESOLUTION NO. 02-1831
PAGE 5
17. A landscaping and
architect subject to
Parks & Recreation
following:
a.
b.
c.
d.
e.
f.
irrigation plan shall be prepared by a licensed landscape
review and approval by the Community Development and
Departments. The landscaping plan shall include the
Trees to remain, including the two oak trees (38" and 18" trunk diameters).
To protect neighboring views, the final landscape plan shall not show tall
growing trees located on the southwest corner of the project site.
Tree staking, soil preparation and planting detail;
The use of landscaping to screen ground-mounted utility and mechanical
equipment;
A landscaped berm, or wall, or combination wall/berm no less than three (3)
feet in height, shall be erected befinreen the required landscape area and the
parking area along the street frontage to adequately screen the parking area.
The required landscaping and improvements. This includes:
2
3.
4.
5.
Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
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
An automated irrigation system.
The selection of groundcover plant species shall include native plants.
Linear planters shall be provided in the parking area.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
18. 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".
19. 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.
20. All electrical panel boxes shall be enclosed within the building.
ARCHITECTURAL REVIEW COMMITTEE
21. 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.
RESOLUTION NO. 02-1831
PAGE 6
PARKS AND RECREATION DEPARTMENT CONDITIONS
22
23.
24.
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.
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
25. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
�
27
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.
BUILDING AND FIRE DEPARTMENT
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
�
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 four
hours.
32. Prior to bringing combustibles on site, a fire hydrant shall be installed on-site and
one along the property frontage near the existing Fire Department connection, per
Fire Department and Public Works Department standards.
PRIOR TO ISSUING A BUILDING PERMIT:
33. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
RESOLUTION NO. 02-1831
PAGE 6
PARKS AND RECREATION DEPARTMENT CONDITIONS
22
23
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.
24. All street front trees shall be 24-inch box.
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
25. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
26
27
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.
BUILDING AND FIRE DEPARTMENT
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.
�
KZ��
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 four
hours.
32. Prior to bringing combustibles on site, a fire hydrant shall be installed on-site and
one along the property frontage near the existing Fire Department connection, per
Fire Department and Public Works Department standards.
PRIOR TO ISSUING A BUILDING PERMIT:
33. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
RESOLUTION NO. 02-1831
PAGE 8
43. Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes.
44. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right of way.
45. 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:
(p►) 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
this section, when the tentative map, tentative parcel map, or parcel map is
RESOLUTION NO. 02-1831
PAGE 9
48
49
50
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
IE) 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.
PRIOR TO ISSUING A BUILDING PERMIT:
46. The applicant shall remove all interior lot lines by means of a lot merger.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
47. 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 9-15.070 of the Development Code.
Parking lots shall be designed with a maximum cross-fall of 5%.
Parking lot spaces shall be delineated with double striping
All grading shall be done in accordance with the City Grading Ordinance.
STREETS
51. 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.
52. The Applicant shall install new City standard sidewalk along the Maple Street lot
frontage where no sidewalk currently exists.
DRAINAGE
53. Prior to approval of the improvement plans, a drainage study shall be performed to
determine the increased run-off from the site for a 100 year storm. All drainage
facilities shall be designed to accommodate a 100 year storm flow. Any and all
drainage designs are subject to the approval of the director of public works.
54. The sidewalk under-drain on Ash Street, which accommodates the existing site
drainage, shall be removed and replaced with a new city standard sidewalk under-
drain. The new under-drain shall be of adequate size to handle increased project
storm water flows.
55. The on-site storm drain system shall be private. All on-site private drainage
structures shall be equipped with a fossil filter and debris catcher. A regular
RESOLUTION NO. 02-1831
PAGE 10
maintenance and cleaning program for the on-site drainage facilities shall be
implemented by the applicant. Both the filters and the maintenance program
shall be subject to the approval of the Director of Public Works.
UTILITIES
56. Any existing water and sewer services shall be abandoned per the requirements
of the Director of Public Works.
57. The new connections to the City sewer main shall be to the western sewer line,
which ends in the street near the west property line. Connection to the eastern
sewer line will subject the applicant to a sewer mitigation fee to pay for the fair
share of sewer line upgrades identified in the waste water system master plan.
m
59
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.
60. All existing public overhead utilities which are onsite and within six feet (6') of the
property lines, with the exception of the utilities along the east side and rear
property lines, shall be removed subject to Public Works Department approval
after consultation with PG&E.
61. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
62. 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.
63.
64.
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 approving any building permit within the project for occupancy, all
improvements required by these conditions shall be either:
a
]
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.
65. Bonds - The applicant shall provide bonds or other financial security for the
following. All bonds or security shall be in a form acceptable to the City, and
shall be provided prior to recording of the map, unless noted otherwise.
RESOLUTION NO. 02-1831
PAGE 11
J
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.
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.
a.
b.
c.
d.
Faithful PerFormance, 100°/a of the approved estimated cost of all
subdivision improvements.
Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
Monumentation, 100% of the estimated cost of setting survey
monuments.
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
1. The applicant shall complete measures to neutralize the estimated
increase in water demand created by the project by either:
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
RESOLUTION NO. 02-1831
PAGE 12
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. The applicant shall submit provide detailed drainage calculations
indicating that increased run-off can be accommodated by existing
facilities and/or shall provide additional drainage facilities to the
satisfaction of the Public Works Director.
Monitoring:
Responsible Dept:
Timeframe:
Review of grading plans
Public Works Department
Prior to issuance of a grading permit
5. 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.
6. Soil stockpiled for more than finro days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
7. Permanent dust control measures identifie
landscape plans should be implemented as
completion of any soil disturbing activities.
d in the revegetation and
soon as possible following
8. 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.
9. 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.
10. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site.
11. 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. 5-11:
Monitoring: Review of grading and building plans and site
RESOLUTION NO. 02-1831
PAGE 13
12
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:
13. Protective fencing shall be installed around each tree to remain at the
dripline. The fencing shall be installed prior to any site clearing or grading
activities, and shall remain in place until construction is complete, including
landscaping. The fence shall be a minimum of 4' tall and supported by
stakes at least every 10' on center. Weatherproof signs shall be
permanently posted on the fences, stating the following:
Tree Protection 2one
No personnel, equipment, materials, or vehicles are allowed
Do Not move or remove this fence
[Name and phone number of developer or general contractor]
Designated City staff shall inspect the site prior to the start of any
construction activities to determine that adequate tree protection measures
have been implemented.
The applicant shall pay the fees
Public Works Department
Prior to issuance of building permit
Monitoring:
Responsible Depts:
Timeframe:
14
15.
Field inspection
Parks & Recreation, Community Development
Prior to issuance of grading permit
All trees to be removed shall be marked with either colored ribbon or paint.
Monitoring:
Responsible Depts:
Timeframe:
Field inspection
Parks & Recreation, Community Development
Prior to issuance of grading permit
Removal of the oak trees shall be replaced in-kind at a 3:1 ratio with a
minimum size of 15-gallon and planted on-site.
RESOLUTION NO. 02-1831
PAGE 14
Monitoring:
Responsible Dept:
� Timeframe:
16
17
Review landscape plans/Field inspection
Parks & Recreation Department
Prior to occupancy
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.
18. 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. 16 —18:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works Department
Timeframe: During construction