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PC R 00-1747RESOLUTION NO. 00-1747 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. 99-012, LOCATED AT 1086 GRAND AVENUE, APPLIED FOR BY DEBLAUW BUILDERS, INC. WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 99-012, filed by DeBlauw Builders, Inc., for construction of a two-story, 19,910 square foot professional office building; 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 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 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 Resolution No. 00-1747 CUP 99-012 Page 2 of 13 welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. / 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Department of Fish and Game Required Findings of Exemption: 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. 99-01 1. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopted the Mitigated Negative Declaration and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively, on wildlife resources as defined by Section 71 1.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. 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. 99-012, 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 Keen, seconded by Commissioner Costello, and by the Resolution No. 00-1747 CUP 99-012 Page 3 of 13 following roll call vote, to wit: AYES: Commissioners Costello, Keen, London, Vice Chair Parker, Chair Greene NOES: None ABSENT: None the foregoing Resolution was adopted this 21 day of June 2000. ATTEST: Kathleen Fryer, Commissio Clerk .0 (,��(�{A.1/VI ('� ) �/LQ Q�V(� Laurence Greene, Chair AS TO CONTENT: Kerry McCa s Communi y evelopment Director Resolution No. 00-1747 CUP 99-012 Page 4 of 13 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-012 DeBlauw Builders, Inc. 1086 Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a two-story, 19,910 square foot professional office building. 1. 2. 3. This application shall automatically expire on June 21, 2002 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 City Council at the meeting of June 21, 2000 and marked Exhibits "B1 — 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. 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. 99-012. DEVELOPMENT CODE C:� 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 9- 13. � Resolution No. 00-1747 CUP 99-012 Page 5 of 13 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. NOISE 9. 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. ►T.•r_�r�� 10. 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 1 1. Solid waste pick-up location as identified is acceptable. 12. � 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. PRIOR TO ISSUING A BUILDING PERMIT: 13. The applicant shall submit details of all proposed fencing and retaining walls to be approved by the Community Development Director. A,de„�c°o�a � masonry wall not less than six (6) feet in height shall be installed along the north property line adjacent to the existing residences for screening and sound attenuation purposes. Any fence, wall, or combination thereof exceeding eight (8) feet in height shall require a variance approved by the Planning Commission. 14. The applicant shall submit a solid waste recycling plan for recycling discarded materials, such as concrete, sheetrock, wood, and metals, from the proposed construction and demolition. Recycled-content materials shall be used in structural and decorative building components and in surfacing wherever feasible. The plan must be submitted to the Community Development Director for approval. 15. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department, Parks and Recreation Department and a representative of the Planning Commission. The landscaping plan shall include the following: Resolution No. 00-1747 CUP 99-012 Page 6 of 13 c. The required landscaping and improvements. This includes: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; 1. 2. 3. 4. 5. 6. 7. 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. Significant trees to be removed shall be replaced at a 3:1 ratio with 15-gallon size trees. Pine trees shall not be planted along the north property line adjacent to the existing single-family residences. A selection of native tree species, such as the California sycamore, Coast redwood, and Coast live oak, shall be included in the landscaping plan. Southern magnolia trees shall not be included. The selection of groundcover plant species shall include native plants. Clumping gazania plants shall not be included. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 16. 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". ARCHITECTURAL REVIEW COMMITTEE 17. 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. : 19. 20. The berming of the front landscape area shall be emphasized to obscure the cars in the front parking lot. The balcony drainage shall be designed to prevent staining of the building. Preventative swallow nesting measures shall be installed in the overhang. PARKS AND RECREATION DEPARTMENT CONDITIONS 21. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. Resolution No. 00-1747 CUP 99-012 Page 7 of 13 22. Linear root barriers shall be used at the front of the project to protect the sidewalks. 23. All street front trees shall be 24-inch box. � POLICE DEPARTMENT PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 24. The applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. BUILDING AND FIRE DEPARTMENT 25. 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. E�:� All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 27. The project shall have a fire flow of 1,500 gallons per minute for a duration of three hours. PRIOR TO ISSUING A BUILDING PERMIT: 28. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 29. 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. PRIOR TO OCCUPANCY: 30. 31. 32. 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. The building must be fully sprinklered per Building and Fire guidelines. Resolution No. 00-1747 CUP 99-012 Page 8 of 13 PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 33. 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. 34. 35. 36 Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. Gradin - All grading shall be done in accordance with the City Grading Ordinance. Fees - The applicant shall pay all applicable City fees at the time they are due. PRIOR TO ISSUING A BUILDING PERMIT: 37. Improvements required - All project improvements shall be designed and constructed 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: a. Grading, drainage and erosion control. b. Curb, gutter and sidewalk. c. Public utilities. d. 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 laterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements related to the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. 39. Drainage design - All drainage facilities shall be designed to accommodate a 100 year storm flow. Resolution No. 00-1747 CUP 99-012 Page 9 of 13 � � 40. 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. 41. Landscape aQprovals - Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks. Recreation Departments, and Public Works Department. 42. Utility company review - 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. 43. 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). 44. 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'/2x11 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. 45. Certificate of compliance - Prior to issuing a building permit, the Certificate of Compliance finalizing the Lot Merger shall be delivered to the City ready for recordation, with all relevant conditions of approval satisfied. PRIOR TO A CERTIFICATE OF OCCUPANCY: 46. Relocate waterline - The existing public waterline shall be relocated to the parking lot area as required by the Director of Public Works. 47. Waterline easement - The existing waterline easement shall be relocated to match the alignment for the new waterline, as required by the Director of Public Works (alternatively, a quitclaim of the existing and a dedication of new easement may be required). 48. Water-sewer crossinQS - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 49. Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. Resolution No. 00-1747 CUP 99-012 Page 10 of 13 50. Concrete re�air — Along the property frontage, replace any damaged curb, gutter and sidewalk, and replace any abandoned driveway approaches with new curb, gutter and sidewalk. Underground existing utilities Existing, overhead utilities shall be placed underground afong 'the. �Grand -�1�enue frantage„� f�,the,''_�su,bject p�op�y as required by the Development Code Undergrounding shall be completed as shown on Figure °A" The utility poles sliall r�,e ,,,.��w ,. ,�� 52. Underground new utilities - All new public utilities shall be installed as underground facilities except as noted. 53. Utilities operational - Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 54. Water neutralization — Consistent with mitigation measure #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 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, Pay an in lieu fee of 52,200 per equivalent residential unit usage. 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 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, Resolution No. 00-1747 CUP 99-012 Page 11 of 13 Pay an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department 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 Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit 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 Department: Public Works Department Timeframe: Prior to issuance of a grading permit During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. Monitoring: Responsible Department: Timeframe: Review of grading and building plans, and site inspections The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field. Prior to issuance of grading permit 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. Monitoring: Review of grading and building plans, and site inspections Resolution No. 00-1747 CUP 99-012 Page 12 of 13 Responsible Department: Timeframe: The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field. Prior to issuance of grading permit Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. Monitoring: Responsible Department: Timeframe: 7. Review of grading and building plans, and site inspections The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shal' spot check in the field Prior to issuance of grading permit The applicant shall pay the City's Traffic and Signalization Impact fees prior to issuance of building permit. �_ Resolution No. 00-1747 CUP 99-012 Page 13 of 13 Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit 8. 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, 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: Responsible Department: Timeframe: Review of grading plans and site visits by the Public Works Inspector. Public Works, Building Departments Prior to issuance of a grading permit and during site grading. � Vv .