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
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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
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ATTEST:
Ly Reardon-Smith, Commission Clerk
AS TO CONTENT:
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Jos ph . Costello, Chair
Rob Strong; C"ornmunity �evelopment Director
RESOLUTION NO. 02-1816
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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".
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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
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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
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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 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.
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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
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PARKS AND RECREATION DEPARTMENT CONDITIONS
19.
20.
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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.
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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
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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:
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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
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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
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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
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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
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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.
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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
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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:
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"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
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