Loading...
PC R 02-1816RESOLUTION NO. 02-1816 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. 02-001, LOCATED SOUTH OF JAMES WAY AND NORTH OF COLLADO CORTE, APPLIED FOR BY THE CITY OF ARROYO GRANDE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 02-001, filed by the City of Arroyo Grande, to develop a community park on an 8.6-acre site designated in the Rancho Grande Planned Development as "Rancho Grande Park"; 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 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 Public and Quasi-Public Facilities (PF) District pursuant to Section 9-03.050 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. he 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. RESOLUTION NO. 02-1816 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. 02-001. 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 Council 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. 02-001, 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 Guthrie, and by the following roll call vote, to wit: AYES: Commissioners Brown, Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 15` day of January 2002. RESOLUTION NO. 02-1816 PAGE 3 ATTEST: Ly Reardon-Smith, Commission Clerk AS TO CONTENT: �� Jos ph . Costello, Chair Rob Strong; C"ornmunity �evelopment Director RESOLUTION NO. 02-1816 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 02-001 City of Arroyo Grande Rancho Grande Park Development Plan COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes construction of an 8.6-acre passive community park as shown in the attached Exhibits "B1 — B26". 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. 02-001. 3. This application shall automatically expire on January 15, 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 January 15, 2002, and marked Exhibits "B1 — 626". 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 C� 7 0 Development shall conform to the Public and Quasi-Public Facilities (PF) zoning requirements except as otherwise approved. Signage shall be subject to the requirements of Development Code Chapter 9-13 Setbacks shall be as shown on the development plans except as specifically modified by these conditions. RESOLUTION NO. 02-1816 PAGE 5 9. NOISE 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 befinreen 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. rr � -� 12. 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. SOLID WASTE 13. 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. AESTHETICS 14. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on any of the structures or elsewhere, shall be screened from public view with materials architecturally compatible with the main structures. 15. All electrical panel boxes shall be installed inside the building. PRIOR TO ISSUING A BUILDING PERMIT: 16. Solid waste pick-up locations shall be identified on the Site Plan. 17. 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: 18. Development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9-10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". RESOLUTION NO. 02-1816 PAGE 6 PARKS AND RECREATION DEPARTMENT CONDITIONS 19. 20. 21 The applicant shall comply with the provisions of Ordinance 431 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: 22. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO OCCUPANCY: 23. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT 24. 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. 25. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 26. Fees - The applicant shall pay all applicable City fees at the time they are due. 27. 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. � 28. Encroachment Permit — The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. RESOLUTION NO. 02-1816 PAGE 7 29. Grading — All grading shall be done in accordance with the City Grading Ordinance. 30. Improvement Agreement — Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements. PRIOR TO ISSUING A BUILDING PERMIT: 31. Improvements required - All project improvements shall be designed and the plans approved in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: 32 a. Grading, drainage and erosion control. b. Curb, gutter and sidewalk fronting the property along James Way. c. Water and sewer. Site Plan Requirements - The site plan shall include the following: a. The location and size of all water, sewer and storm water facilities within the project site and abutting streets or alleys. b. Location, quantity and size of all sewer Iaterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements crossing the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. g. Retaining wall locations and details. 33. Soils report - A preliminary soils report shall be prepared by a registered civil engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 34. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. 35. Plan submittals - 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. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts), and electronic (e.g. Autocad) files where available. 36. Cross-lot Drainage — The drainage plan shall include devices as necessary to eliminate drainage across lot lines. RESOLUTION NO. 02-1816 PAGE 8 37. Recorded documents - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8'/2" x11" City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. PRIOR TO OCCUPANCY: 38. Improvement bonding - 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. 39. Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. Separate meters may be used for irrigation. 40. Sewer Crossings — All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Calfiornia State Health Agency standards. 41. Sewer Line Mitigation — Similar to Mitigation Measure No. 18, the applicant shall pay fair share costs to mitigate for increased flows to sewer lines that are currently over capacity. 42. Abandonments — Existing water and/or sewer services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 43. Water Neutralization Program — The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing an individual water program consisting of retrofitting existing high- flow plumbing fixtures with low flow devices. 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 Council for approval prior to implementation; or, Paying an in lieu fee. 44. Undergrounding of utilities - All new public utilities shall be installed as underground facilities. All existing overhead public utilities shall be placed underground, including all overhead wires and service poles onsite, along the frontage and within 6 feet of side and rear yard lines. 45. Utilities operational - All public utilities shall be operational. RESOLUTION NO. 02-1816 PAGE 9 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: 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. Grading shall be prohibited befinreen October 31 and April 1. A note to this effect shall be placed on the grading plan. Monitoring: Review of grading plan Responsible Dept: Public Works Timeframe: Prior to issuance of grading 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 inspection. Monitoring: Review of building plans Responsible Dept: Building & Fire Timeframe: Prior to issuance of building permit 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. RESOLUTION NO. 02-1816 PAGE 10 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. 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. 8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 9. 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. 10. 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. 11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least finro feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 12. 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. 13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 14. The streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. RESOLUTION NO. 02-1816 PAGE 11 For Measures 7-14: 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 All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 15. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. � 17. 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 15-17: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Timeframe: During construction i:. The applicant shall pay the project's proportional share of the sewer impact fees. Monitoring: Pay required fee. Responsible Dept: Public Works Department Timeframe: Prior to recording the Tentative Parcel Map The following note shall be placed on the grading and improvement plans for the project: 19 "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 Responsible Dept Timeframe: Construction plans shall be reviewed prior to issuance of a grading permit to ensure the note is in place. Public Works Prior to issuance of grading permit u .� :�