PC R 02-1824J
RESOLUTION NO. 02-1824
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
MITIGATED NEGATIVE DECLARATION, INSTRUCTING
THE COMMISSION SECRETARY TO FILE A NOTICE OF
DETERMINATION, AND APPROVING CONDITIONAL USE
PERMIT CASE NO. 01-014, LOCATED ON THE
NORTHWEST CORNER OF EAST GRAND AVENUE AND
COURTLAND STREET, APPLIED FOR BY LARRY
PERSONS
totaling 18,879 square feet; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 01-014, filed by Larry Persons, to construct a mixed use
development, including 108 senior apartment units and three commercial structures
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 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 (GC) and Senior
Housing (SR) Districts 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.
RESOLUTION NO. 02-1824
PAGE 2
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
Conditional Use Permit Case No. 01-014.
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 Commission
Secretary to file a Notice of Determination, and approves Conditional Use Permit Case
No. 01-014, 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 this approval is preliminary to City Council approval of
Development Code Amendment Case No. 01-004, and will become effective upon said
action.
On motion by Commissioner Guthrie, seconded by Commissioner Brown, and by the
following roll call vote, to wit:
AYES: Commissioner's Brown, Fowler, Guthrie, and Chair Costello
NOES: Commissioner Keen
ABSENT: None
the foregoing Resolution was adopted this 19 day of February 2002.
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RESOLUTION NO. 02-1824
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ATTEST:
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Lyn Reardon-Smith, Commission Clerk
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J eph M. Costello, Chair
AS TO CON
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Director
RESOLUTION NO. 02-1824
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 01-014
Larry Persons
1524 & 1542 East Grand Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
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 "61 — B13".
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. 01-014.
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 "61 — 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.
DEVELOPMENT CODE
6.
7.
8.
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
Setbacks shall be as shown on the development plans except as specifically
modified by these conditions.
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RESOLUTION NO. 02-1824
PAGE 5
9.
NOISE
10.
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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.
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. 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.
SPECIAL CONDITIONS
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 shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department and Parks and Recreation Department. The landscaping plan shall
include the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
RESOLUTION NO. 02-1824
PAGE 6
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.
ARCHITECTURAL REVIEW COMMITTEE
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.
PARKS AND RECREATION DEPARTMENT CONDITIONS
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
26
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.
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RESOLUTION NO. 02-1824
PAG E 7
27. 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.
28. Any trees removed shall be replaced on site.
POLICE DEPARTMENT
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.
BUILDING AND FIRE DEPARTMENT
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.
35.
36.
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.
The entire site shall be ADA accessible.
Note that some fee credits are due from previously issued demolition permit.
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.
County Health Department approval is required for food service occupancies.
PRIOR TO BRINGING COMUSTABLES ON SITE:
39. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards.
RESOLUTION NO. 02-1824
PAGE 8
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.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
44. 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.
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(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
RESOLUTION NO. 02-1824
PAGE 9
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 or the Community Development
Director.
46. Encroachment Permit — The applicant shall be responsible for obtaining an
encroachment permit for att work within a public right of way.
47. Grading — All grading shall be done in accordance with the City Grading
Ordinance.
PRIOR TO ISSUING A BUILDING PERMIT:
48. No building permit shall be issued until the Final Parcel Map (TPM 01-004) has
been recorded.
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 ISSUING A CERTIFICATE OF OCCUPANCY:
50. 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.
RESOLUTION NO. 02-1824
PAG E 10
51. 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:
1.
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
r.
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.
4.
Monitoring: Review of building plans
Responsible Dept: Building & Fire
Timeframe: Prior to issuance of building permit
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
RESOLUTION NO. 02-1824
PAGE 11
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: Review of grading plans
Responsible Dept: Public Works
Timeframe: 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: Review of drainage/grading plans
Responsible Dept: Public Works
Timeframe: Prior to issuance of grading permit
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.
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
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
RESOLUTION NO. 02-1824
PAGE 12
14.
15
grading unless seeding or soil binders are used.
Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
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.
17.
The applicant shall pay the Traffic Signalization 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. Protective fencing shall be installed around the oak tree at the dripline. The
fencing shall be installed prior to any site clearing, grading, or demolition
activities, and shall remain in place until construction is complete, including
landscaping. Weatherproof signs shall be permanently posted on the fences,
stating the following:
Tree Protection Zone
No personnel, equipment, materials, or vehicles are allowed
Do Not move or remove this fence
[Name, of arborist or consultant]
[Name and phone number of developer or general contractor]
The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: Field inspection
Responsible Dept: Parks & Recreation, Community Development
Timeframe: Prior to issuance of grading permit
RESOLUTION NO. 02-1824
PAG E 13
19. Any trimming of the tree shall be done by a certified arborist and per the ISA
Guidelines. In no case shall more than 25% of the tree's canopy be removed
in a given growing season.
Monitoring: Field inspection
Responsible Depts: Parks & Recreation, Community Development
Timeframe: Prior to and during construction
20. If the tree becomes diseased or dies during the life of the project, the property
owner shall replace the tree with one 48" box Coast Live oak (Quercus
agrifolia►.
Monitoring: Periodic Field inspection
Responsible Depts: Parks & Recreation, Public Works, Comm. Dev.
Timeframe: On-going
21.
22.
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.
23. 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 21-23:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Dept: Public Works
Timeframe: During construction
24. The applicant shall pay the projecYs proportional share of the sewer impact fees.
Monitoring: Pay required fee.
Responsible Dept: Public Works
Timeframe: Prior to issuance of building permit
25. 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.
Monitoring:
Responsible Depts:
The applicant shall submit results of a Phase 2 sub-
surface analysis.
Public Works and Community Development
RESOLUTION NO. 02-1824
PAG E 14
Timeframe: Prior to issuance of grading permit
26. 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
27. 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