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PC R 02-1829RESOLUTION NO. 02-1829 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. 00-019, LOCATED AT 1405 EAST GRAND AVENUE, APPLIED FOR BY E.F. MOORE & CO. WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 00-019, filed by E.F. Moore & Co., for construction of a new commercial center totaling 24,932 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. 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 RESOLUTION NO. 02-1829 PAGE 2 Conditional Use Permit Case No. 00-019. 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. 00-019, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that Commission approval of a Variance Parcels 2 and 3 of Vesting Tentative said action. that this approval is contingent upon Planning application to deviate from rear yard setbacks for Parcel Map 00-007 and will become effective upon On motion by Commissioner Fowler, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Fowler, Keen, Guthrie, Brown and Chairman Costello. NOES: None ABSENT: None the foregoing Resolution was adopted this 5 day of March 2002. ATTE T: h � � � LY REARDON-SMITH, COMMISSION CLERK AS TO COA�TENT: /'�t , �� ,� JO EPH M. COSTELLO, CHAIR ROB STRONG, COMMUNITY DEVEL MENT DIRECTOR �� i U RESOLUTION NO. 02-1829 PAGE 3 3. This application shall automatically expire on March 5, 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 5, 2002 and marked Exhibits „ B 1 — B5". EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 00-019 E.F. Moore & Co. 1405 East Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a new commercial center totaling 24,932 square feet in three (3) separate buildings. An 18,432 square foot drug store is included in the development. 1 7 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. 00-019. DEVELOPMENT CODE 0 7 Development shall conform to the General Commercial (GC) zoning requirements except as otherwise approved. Signage shall be subject to the requirements of Development Code Chapter 16.60. RESOLUTION NO. 02-1829 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 befinreen 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. WATE R 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. 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. SPECIAL CONDITIONS 15. The applicant shall either 1) obtain a Variance to deviate from the lot depth and rear yard setback requirements of the Development Code for Parcels 2 and 3; or 2) adjust the lot lines of Vesting Tentative Parcel Map 00-007 to comply with applicable GC development standards. 16. The applicant shall submit an application for a Minor Exception to deviate from the thirty-foot (30') maximum height limit. The Minor Exception can be included as part of a Variance application. � RESOLUTION NO. 02-1829 PAGE 5 PRIOR TO ISSUING A BUILDING PERMIT: 17. The Community Development Director shall approve plans for the trash enclosures. 18. The applicant shall submit details of all proposed fencing and retaining walls to be 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. and approval of the Community Development Director. 20. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping plan shall include the following: 19. All walls, including screening and retaining walls, shall be compatible with the approved architecture and Development Code Standards, subject to the review a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: � 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: 21. 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". 22. 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. 23. All electrical panel boxes shall be installed inside the building. RESOLUTION NO. 02-1829 PAGE 6 ARCHITECTURAL REVIEW COMMITTEE 24. 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. 25. The Final Landscape Plan shall show several coast redwood trees (Sequoia sepervirens) located befinreen the Australian Willow trees along the east and south property lines of the commercial development. The Final Landscape Plan shall also show planter diamonds with trees in the parking area directly in front (east side) of the drugstore. The applicant shall select the tree species from the existing tree legend of the Conceptual Landscape Plan. PARKS AND RECREATION DEPARTMENT CONDITIONS 26. 27. 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. 28. All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 29. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 30. 31 32 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. BUILDING AND FIRE DEPARTMENT 33. 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. RESOLUTION NO. 02-1829 PAGE 7 34. 35. 36. 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: 37. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 38. A demolition permit must be applied for, approved and issued. An approval letter from the San Luis Obispo County Air Pollution Control Board (APCD) is required prior to issuance of a demolition permit. 39. The applicant shall obtain County Health Department approval for any proposed food service. PRIOR TO OCCUPANCY: 40 41 42 43 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. Fire hydrants shall be installed, per Fire Department and Public Works Department standards. There shall be a Fire Department connection on Courtland Street. The buildings must be fully sprinklered per Building and Fire guidelines. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMEN 44. 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 shal! be done after each day's work or as directed by the Director of Public Works. 45. Encroachment Permit - The applicant shall be responsible for obtaining an � encroachment permit for all work within a public right of way. RESOLUTION NO. 02-1829 PAGE 8 46. 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, 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 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. RESOLUTION NO. 02-1829 PAGE 9 GRADING AND DRAINAGE 47. All grading shall be done in accordance with the City Grading Ordinance. 48. 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. The applicant shall implement a regular maintenance and cleaning program for the on-site drainage facilities. Both the filters and the maintenance program shall be subject to the approval of the Public Works Director. PRIOR TO ISSUING A BUILDING PERMIT: 49. No building permit shall be issued until the Final Parcel Map (TPM 00-007) 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 A CERTIFICATE OF OCCUPANCY: 51. 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 52. All public utilities shall be operational. 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: 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. RESOLUTION NO. 02-1829 PAGE 10 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. The applicant shall submit a final drainage plan showing a storm water basin designed to store runoff from a"100-year" rainfall event. All runoff water from impervious areas shall be conveyed by impervious conduits to the storm water basin. 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 sucii 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 two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 7. 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. RESOLUTION NO. 02-1829 PAGE 11 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: � 12 13 14 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 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. 15. 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. RESOLUTION NO. 02-1829 PAGE 12 For Mitigation Measures No. 13 —15: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction 16. The applicant shall pay the project's proportional share of the sewer impact fees for the Ash Street sewer upgrade, identified in the Wastewater System Master Plan. Monitoring: The applicant shall pay the required fee. Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit 17. The following note shall be placed on the grading and improvement plans for the project: �1 �J "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