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PC R 11-2141 � RESOLUTION NO. 11-2141 � A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF � � � ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE � NO. 11-004; CONVERSION OF PROPERTY FROM A BANK INTO A . � � VETERINARY CLINIC; 1199 EAST GRAND AVENUE WHEREAS, the applicant proposes to establish a 6,610 square foot veterinary clinic . within an existing commercial building; and , WHEREAS, the property is zoned Gateway Mixed-Use; and WHEREAS, the property is currently developed with an existing 4,012 square foot � � commercial building; and � WHEREAS, the applicant proposes adding 2,589 square feet of commercial space to the existing commercial building; and WHEREAS, Municipal Code Table 16.36.030.A requires the approval of a Conditional � Use Permit to establish a Veterinary Clinic/Animal Hospital within the Gateway Mixed- . Use zoning district; and � WHEREAS, on September 6, 2011, the Planning Commission reviewed the project at a � duly noticed public hearing; and WHEREAS, the Planning Commission finds that this project is consistent with the City's � General Plan, Development Code; and WHEREAS, the Planning Commission finds, after due study, deliberation and public � . . hearing, the following circumstances exist: FINDINGS FOR APPROVAL � 1. The proposed use is permitted within the subject district pursuant to the � . _provisions of this section and complies with all the applicable provisions of : � . this title, the goals, and objectives of the Arroyo Grande General Plan, � � � and the development policies and standards of the city. � , Veterinary clinics/animal hospitals are permitted in the Gateway Mixed- � Use zoning district if approved by a Conditional Use Permit. The subject parcels are 30,000 square feet and previously developed. The General Plan indicates locating mixed uses along the East Grand Avenue Mixed- Use corridor. � 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use is to be located within an expanded commercial building and the addition of increased landscaping and site trees will add RESOLUTION NO. 11-2141 � SEPTEMBER 6, 2011 PAG E 2 � , to fhe integrity and character of the district. 3. The site is suitable for the type and intensity of use or development that is . pr.oposed. � � � The project site include two parcels fotaling approximately 30,000 square feet in size and is developed with an existing 4,012 square foot � � , �commericial building. The project site includes adequate access and � : � � ° � �parking facilities. The proposed veterinary clinic will be located within an . � � expanded fenanf space. � � � � 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. � The property is served by public infrastrucfure including utilities and � streets. There is no substantial change in the intensity of use. 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. The proposed use will not be detrimental to the public health, safety or welfare or maferially injurious to properties and improvements in the vicinity since the proposed development adheres to the General Plan and � development standards of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 11-004 authorizing the establishment of a veterinary clinic with the above findings and subject to the conditions as set fo�th in Exhibit "A", attached hereto and incorporated herein by this reference. . . .On a motion by Commissioner Barneich, seconded by Commissioner Sperow and by the following�roll call vote to wit: � AYES: Commissioners Barneich, Sperow, Martin and Chair Ruth NOES: None ABSENT: Commissioner Keen . the foregoing Resolution was adopted this 6�' day of September 2011. . RESOLUTION NO. 11-2141 � SEPTEMBER 6, 2011 PAGE 3 ATTEST: ��v.D,�Fi-tp �,.�,D�,v� l� ` DEBBIE WEICHINGER ELI BETH RUTH, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: r . TER SA Mc LI H DIRECTOR OF COMMUNITY DEVELOPMENT RESOLUTION NO. 11-2141 � � SEPTEMBER 6, 2011 PAGE 4 . EXHIBIT "A" CONDITIONS OF APPROVAL ' . CONDITIONA►L USE PERMIT 11-004 � � . ESTABLISHMENT OF A VETERINARY CLINIC , � SPECIAL CONDITIONS � 1. Implement Low Impact Development design features into the project including, but not limited to: � � � . � �a.� Discharge roof downspouts to landscaped areas. � b.� Provide on-site infiltration devices capable of percolating runoff from an 85�' percentile storm. c. Provide fossil filter inserts on on-site drainage inlets. � d. Label all drain inlets "No Discharge — Drains to Creek". 2. Prior �.to issuing a building permit, the existing lot line must be moved to accommodate the new building or eliminated, either through approval and recordation of a lot line adjustment or a lot merger. 3. The project shall include ADA access to the public right of way. 4. All landscaping must meet the water efficiency criteria listed in Chapter 16.84 of the Arroyo Grande Municipal Code. . ARC CONDITIONS � � 5. The Administrative Sign Permit shall be processed separately from the use permit � and colors and�materials shall be reviewed by the Architectural Review Committee � � � .�.for a recommendation to the Director of Community Development. �. 6. The landscape plan shall include an additional tree located in the exercise yard. : �7. 15-gallon. Brisbane box trees shall be used as replacement trees. � � 8. All split face block surfaces shall instead be a smooth sand finish, the same color � as the building columns. � � 9. The decorative iron fence shall be constructed of a smaller gauge ('/2" -3/"). 10. The bicycle rack shall be relocated to the main entrance area. 11. The existing East Grand Avenue entrance shall be signed appropriately to direct any pedestrian traffic to the main entrance. -J � ' . RESOLUTION NO. 11-2141 � � SEPTEMBER 6, 2011 �PAGE 5 � � � IGENERAL CONDITIONS � ' 12. The developer shall ascertain and comply with all Federal, State, County and City requirements as are.applicable to this project. 13. The developer shall comply with all conditions of approval for Conditional Use Permit 11-004. 14. The developer 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 any way relating to the implementation thereof, � � or in the alternative, to relinquish such approval. The developer 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 the developer of his/her obligations under this condition. � . 15. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or � . � as directed by the Director of Community Development or the Director of Parks, . . — � Recreation and Maintenance. � . 16. PerForm construction activities during normal business hours (Monday through . � Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance � . �outside of these hours, unless an emergency arises or. approved by the Community Development Director. The City may hold the developer or c�ntractor � responsible for any expenses incurred by the City due to work outside of these hours. � IMPROVEMENT PLANS 17. All project improvements shall be designed and constructed in accordance with the � City of Arroyo Grande Standard Drawings and Specifications. 18. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. � 19. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Community Development Department: � : a. Grading, drainage and erosion control, � b. Street paving, curb, gutter and sidewalk, , - , c. Public utilities, . d. Water and sewer, . � � RESOLUTION NO. 11-2141 SEPTEMBER 6, 2011 .PAGE 6 . � � � � I . � e. Landscaping and irrigation, . � ' � : � . f. Any other improvements as required by the Community Development � � Director. � . 20. The site plan shall include the following: �. � . � a: The location and size of all existing and proposed water, sewer, and storm � . � . . drainage facilities within the project site and abutting streets or alleys. : � b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. . � �21. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Maintenance Departments. WATER 22. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. . � 23. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water � meters. � 24. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Parks, Recreation and � � Maintenance. � 25. The applicant shall complete measures to neutralize the estimated increase in , . water demand created by the project by either: � � � � a.� � 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 Paiics, Recreation and Maintenance for review � . and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, . � b. The applicant may pay an in lieu fee for each new residential unit. 26. The on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 10 � � RESOLUTION NO. 11-2141 SEPTEMBER 6, 2011 PAGE 7 � � � � SEWER 27. All sewer laterals within the public right of way must have a minimum slope of 2%. � 28. All sewer mains or laterals crossing or parallel to public water facilities shall be . � constructed in accordance with California State Health Agency standards. � 29. Existing�sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Parks, Recreation arid Maintenance. � PUBLIC UTILITIES . 30. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. . 31. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. � ' �STREETS � � � � 32. Obtain approval from the Director of Parks, Recreation and Maintenance prior to . � excavating in any street recently over-laid or slurry sealed. The Director shall . approve the method of repair of any such trenches, but shall not be limited to an � overlay, slurry seal, or fog seal. �, 33. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned � and filled with epoxy. 34. All street repairs shall be constructed to City standards. 35. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. CURB. GUTTER, AND SIDEWALK � 36. Install. new concrete curb, gutter, and sidewalk as directed by the Community Development Director. � . 37. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. � 38. . Install ADA compliant facilities where necessary including any upgrades to existing ! ; . �� _ :� sidewalk and drive approaches.. _ . 39. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to � RESOLUTION NO. 11-2141 SEPTEMBER 6, 2011 PAGE 8 _ . prevent damage due to root growth. � � 40. . . Remove existing drive approach on Grand Avenue nearest to Elm Street and � � . � � .replace with City standard curb and gutter. � � GRADING � 41. Perform all grading in conformance with the City Grading Ordinance. . � DRAINAGE . 42. All drainage facilities shall be designed to accommodate a 100-year storm flow. 43. All drainage facilities shall be in accordance with the Drainage Master Plan. 44. Infiltration basins shall be designed based on soil tests. Infiltration tests shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. . DEDICATIONS AND EASEMENTS � �45. Street tree planting and maintenance easements shall be dedicated adjacent to all � street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered . . by public utility easements. � . . ., ,46. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent . � . � to all street right of ways. The PUE shall be wider where necessary for the � . . installation or maintenance of the public utility.vaults, pads, or similar facilities. � � PERMITS � 47. Obtain an encroachment permit prior to performing any of the following: a. PerForming work in the City right of way, � b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 48. Obtain a grading permit prior to commencement of any grading operations on site. FEES 49. Pay all required City fees at the time they are due (for your information, the � RESOLUTION NO. 11-2141 SEPTEMBER 6, 2011 PAGE 9 � I ' "Procedure for Protesting Fees, Dedications, Reservations or Exactions". is provided below). 50. Water Meter, service main, distribution, and availability fees, to be based on � � codes and rates in effect at the time of building permit issuance. � . 51. Water neutralization fee, to be based on codes and rates in effect at the time of � : building permit issuance. . � 52. Traffic Impact fee, to be based on codes and rates in effect at the time of� � building permit issuance. � ; 53. Traffic Signalization fee, to be based on codes and rates in effect at the time of � . . : building permit issuance. . � 54. Sewer hook-up 8 facility Permit fees, to be based on codes and rates in effect at � �the time of building permit issuance. � , 55. Drainage fee, as required by the area drainage plan for the area being . developed. . � 56. Building Permit fees, to be based on codes and rates in effect at the time of :� building permit issuance. . 57. 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. 58. Park Development fee, to be based on codes and rates in effect at the time of � building permit issuance. � � 59. Park Improvements fee, to be based on codes and rates in effect at the time of � � . building permit issuance. . . � 60. Street Tree fees, to be based on codes and rates in effect at the time of building � ; . , � _ � permit issuance. . � � � . � .61. �Community Centers fee, to be based on codes and rates in effect at the time of � building permit issuance. 62. Fire Protection fee, to be based on codes and rates in effect at the time of building � � permit issuance. � 63. Police Facilities fee, to be based on codes and rates in effect at the time of �building permit issuance. RESOLUTION NO. 11-2141 . SEPTEMBER 6, 2011 � � ' : PAG E 10 � � � �64. Fees to be paid prior to plan approval: � � � a. Plan check for grading plans based on an approved earthwork estimate. , b. Plan check for improvement plans based on an approved construction cost � . estimate. � c.. Permit Fee for grading plans based on an approved earthwork estimate. d. Inspection,fee of public works construction plans based on an approved � � � construction cost estimate. 65. Impact fees to specific capital improvement projects as determined by the Community Development Director. 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. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the 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 RESOLUTION NO. 11-2141 SEPTEMBER 6, 2011 PAGE 11 . I ' _ � : 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. AGREEMENTS 66. 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. 67. Covenants, Conditions, and Restrictions as required by the City. IMPROVEMENT SECURITIES 68. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. � 69. Submit an engineer's estimate of quantities for public improvements for review by � � th�e Community Development Director. �70. Provide financial security for the following, to be based upon a construction cost . estimate approved by the Community Development Director: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, . � . . b: . Labor and Materials: 50% of the approved estimated cost of all : � � � subdivision improvements � c: One Year Guarantee: 10% of the approved estimated cost of all � subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. _ d. Monumentation: 1�00% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has • been set. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY � 71. All utilities shall be operational. , l 72. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, RESOLUTION NO. 11-2141 � SEPTEMBER 6, 2011 � PAGE 12 � � . may be constructed after occupancy as directed by the Community Development � � � �Di�ector. � . . � � � 73. Prior to the.final 10% of occupancies for the project are issued, all improvements � � shall be fully constructed and accepted by the City.