Loading...
R 3983 RESOLUTION NO. 3983 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 06..()04 AND PLANNED SIGN PROGRAM CASE NO. 06..()01, LOCATED AT 925 RANCHO PARKWAY; APPLIED FOR BY BRINKER INTERNATIONAL (CHILI'S) WHEREAS, the City Council of the City of Arroyo Grande has considered applications for Amended Conditional Use Permit Case No. 06-004 and Planned Sign Program 06-001, filed by Brinker International (Chili's), to remodel and reestablish "Building M" (former Vigneto's) as a restaurant to include a 940 square foot dining/bar area addition, mechanical/electrical room expansion and exterior modifications including paint, stone veneer, awnings, signs and modified landscaping; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council 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 the project is Categorically Exempt per Section 15301 (e)(1) of the CEQA Guidelines; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: -. FINDINGS FOR APPROVAL Amended Conditional Use Permit Findings: 1. The proposed use is permitted within the Regional 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. The proposed use is consistent with Policy Objective LU7 of the City's land Use Element, which describes allowed uses within the Regional Commercial (RC) land use category. 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 1) similar to other uses in the vicinity, 2) consistent with the Regional Commercial (RC) zoning district and 3) does not conflict with the existing businesses within the Five Cities Center. 3. The site is suitable for the type and intensity of use proposed because all the necessary easements, circulation, parking and setbacks are provided through existing infrastructure associated with the Five Cities Center development. RESOLUTION NO. 3983 PAGE 2 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety provided through existing infrastructure associated with the Five Cities Center development. 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 complies with applicable performance standards and development criteria of the Regional Commercial zoning district. Planned Sign Program Findings: 1. The proposed signs are consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan, specific plan, and all applicable design guidelines or approvals based upon review of the applicable documents by staff, the Architectural Review Committee, Planning Commission and City Council. 2. The proposed signs conform to applicable development standards and provisions of the Development Code and will not be detrimental to the public health, safety and welfare; 3. The physical location or placement of the signs is compatible with the surrounding neighborhood based upon similar existing signs within the Five Cities Center development as reviewed by the Architectural Review Committee. The signs will require building permits, which entail adherence to the Building Codes of the City of Arroyo Grande and the State of California and therefore will not pose a safety risk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 06-004 and Planned Sign Program Case No. 06-001, 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 Council Member Arnold, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: NOES: ABSENT: Council Members Arnold, Guthrie, Costello, and Mayor Ferrara None Council Member Fellows (recused) the foregoing Resolution was adopted this 1ih day of December 2006. RESOLUTION NO. 3'183 PAGE 3 ATTEST: APPROVED AS TO CONTENT: ~;;-) sfEVE~ADAMS, CITY MANAGER APPROVED AS TO FORM: / RESOLUTION NO. 3983 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 06-004 PLANNED SIGN PROGRAM 06-001 BRINKER INTERNATIONAL (CHILI'S) 925 RANCHO PARKWAY This approval authorizes the operation of a Chili's restaurant and subsequent remodel of "Building M" (former Vigneto's) to include a 940 square foot dining/bar area, mechanical/electrical room expansion and exterior modifications including paint, stone veneer, awnings, signs and modified landscaping according to the following Conditions of Approval. COMMUNITY DFVFI OPMENT DEPARTMFNT General Conditions 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit Case No. 06-004 and Planned Sign Program 06-001. 3. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of December 12, 2006 and marked Attachment 1. 4. 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. Water and Landscaping 5. 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 RESOLUTION NO. 3983 PAGE 5 prior to implementation; or, Pay an in lieu fee. 6. 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 recirculation systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 7. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. Lawn areas and areas requiring spray irrigation shall be minimized. Final Landscape plans shall be reviewed by the Architectural Review Committee and approved by the Director of Parks, Recreation and Facilities. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. 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; c. An automated irrigation system. Air Quality 8. The project shall comply with all applicable Air Pollution Control District (APCD) regulations pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the following regulations: a. All dust control measures listed below shall be followed during construction of the project and shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such person(s) shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent airborne 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 arid whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water should be used whenever possible. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. RESOLUTION NO. 3983 PAGE 6 d. 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. e. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. f. Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Noise 9. Normal construction activities shall occur during the hours of 8 a.m. and 7 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday. Extended hours of construction can occur in the interior of the building only between 7 a.m. and 8 a.m. Monday through Friday; from 5 p.m. to 7 p.m. on Saturday; and from 8 a.m. to 6 p.m. on Sunday. These hours may be reviewed and revised based on noise related complaints. Equipment maintenance and servicing shall be confined to normal construction hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. 10. All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Aesthetics 11. Ensure that all roof-mounted equipment cannot be viewed from public areas or from the nearby neighborhood by use of architectural features and prudent placement of equipment. Development Code 12. Development shall conform to the Regional Commercial (RC) zoning requirements except as otherwise approved. 13. Signage shall be subject to the requirements of Development Code Chapter 16.60 and as approved per the Planned Sign Program Case No. 06-001 and shall be modified consistent with the recommendation of the Architectural Review Committee and Planning Commission. Additional safety procedures shall be implemented into the exposed neon of the "To Go" sign if such procedures are economically, aesthetically and technologically feasible. Lighting 14. All lighting for the site shall be downward directed and shall not create spill or RESOLUTION NO. 3983 PAGE 7 glare to adjacent properties. The applicant shall comply with regulations established by the City requiring lighted signage to be turned off at specified hours. 15. All electrical panel boxes shall be installed inside the building or be screened from view. ARCHITFCTURAI RFVIEW COMMITTFF 16. The following changes are to be reviewed and approved by the Architectural Review Committee prior to the issuance of the building permit: a. The north addition should be better integrated with the existing building; b. Pilasters on the tower element should be of a different material; c. The three rear arches should have a decorative element; d. Signs shall be scaled down to fit the building per ARC discretion; e. Add two trees to the parking lot (middle) and replace existing trees with more robust specimens; f. Espaliers should be installed on the rear two arches and a potted plant shall be placed adjacent to the front arch. POIICF DEPARTMFNT PRIOR TO ISSUING A BUILDING PERMIT: 17. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 18. The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. 19. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 20. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT RIlUding CODES 21. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISARI Fn ACCFSS 22. Provide complete compliance with State and Federal disabled access requirements. FIRF I ANFS 23. All fire lanes must be posted and enforced, per Police Department and Fire RESOLUTION NO. 3983 PAGE 8 Department guidelines. FIRF FI OW/FIRF HynRANTS 24. Project shall have a fire flow based on the California Fire Code appendix III-A. 25. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SFCURITY KFY BOX 26. Prior to Occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKI FRS 27. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. Existing system with addition is to receive 5 year certification. 28. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ABANnONMFNT/NON-CONFORMING 29. Fire line located under proposed addition is to be relocated DFMOI ITION PFRMIT 30. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be appropriately credited to the property. OTHER APPROVAl S 31. Prior to issuance of a building permit, County Health Department approval is required for Food Establishments. 32. Any review costs generated by outside consultants, shall be paid by the applicant. FFFS TO BE PAin PRIOR TO ISSUANCE OF A BUILDING PERMIT 33. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 34. Traffic Impact fee. to be based on codes and rates in effect at the time of building permit issuance. 35. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 36. Sewer hook-up & facility Permit fees. to be based on codes and rates in effect RESOLUTION NO. 3983 PAGE 9 at the time of building permit issuance. 37. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 38. Strong Motion Instrumentation Program (SMIP) fee, to be based.. on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 39. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 40. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. PUBLIC WORKS DFPARTMFNT SPECIAL CONDITIONS 41. The applicant shall install a mechanism for filtering storm water prior to discharging into the City Storm Drain system. 42. The applicant shall relocate the water service and fire sprinkler service from underneath the corner of the proposed building expansion. AGREEMENTS 43. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. PRIOR TO ISSUING A CFRTIFICATF OF OCCUPANCY 44. All utilities shall be operational. 45. Prior to issuing a certificate of occupancy for the project, all improvements shall be fully constructed and approved by the City. PI ANNING COMMISSION CONDITIONS 46. The project shall fully comply with Municipal Code Section 8.32.200 (Mandatory recycling of construction and demolition debris). OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 3983 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 12'h day of December 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of December 2006.