Loading...
R 3006 RESOLUflON NO. 3006 I A RESOLUTION OF THE CITY COUNCIL OF TilE CITY OF ARROYO GRANDE MODIFYING AND DELETING CERTAIN PLANNtNG COMMISSION CONDITIONS OF APPRO V AL AND MITIGATION MEASURES ON THE ARCO PROJECT i LOCATED AT 100 BARNETT STREET; ADOPTING A "NEGATIVE DECLARATION AND INSTRUCTING TilE CITY CLERK TO FILE A NOTICE OF DETERMINATION WHEREASj the City of Arroyo Grande received applications from ARCO to construct a gas station and mini-market for property located at 100 Barnett Street in the HC zoning district, including applications for Conditional Use Permit Case No. 92-504, Lot Line Adjustment Case No. 92-506, Variance Case No. 92-170, Planned Sign Progtam Case No. 92-107 and Variance Case No. 92-174; WHEREAS, on March 2, 1993, the Planning Commission and Traffic Commission held a joint meeting to review traffic issues; WHEREAS, on April 6, 1993 and May 4, 1993 the Planning Commission held public hearings to review and consider the project; WHEREAS, on May 4, 1993 the Planning Commission approved the above applications subject to mitigation measures and conditions of approval by adopting Resolutions 93-1411, 93-1412, 93- 1413, 9~-1414. and 93-1415; WHEREAS, on May 25, 1993, the applicant appealed to the City Council to amend Planning Commission approved conditions of approval and mitigation measures; WHEREAS, on June 22. 1993, August 24, 1993, September 14, 1993 and September 28, 1993, the City Council held public hearings to review said appeal; WHEREAS, on Sept~mber 14, 1993, the City Council made an intent to delete condition of approval 9 of COhdltional Use Permit Case No. 92-504 and related applications, and modify conditions of approval 8a and 27, and mitigation measures 7 and 8 of Conditional Use Permit Case No. ?2-504 and related applications; WHEREAS, based on the application materials, the various oral and written staff reports, the expanded initial study, testimony at the public meetings and hearings, decision of the Planning Commission, and written correspondence, the City Council adopts the findings of the Planning Commission with the following modified and/or additional findings: 1. The modified mitigation measures as outlined on AUachment "B" will not result in significant impacts on the envirorunent. The City Council finds that amended Mitigation Measure No. 7 which requires the applicant to pay $17,128 toward mitigation of cumulative traffic impacts is sufficient to mitigate ARCO's traffic impact. The City Council also finds that amended Mitigation Measure No. 8 will mitigate problems associated with potential traffic stacking along Grand A venue due to the ARCO project. 2. The intent of General Plan Policy 8.1(b) is to maintain or enhance traffic flows over all, and in particular on key routes and intersections; that while one movement in the Barnett- Grand intersection would drop below current capacities, curing this particular problem would adversely affect a principal through route and key freeway interchange; and that this problem will likely persist regardless of the land use proposed for the subject site. ResolutJol1 No. 3006 I ARCO ~ 100 Barnett Street September 28, 1993 Page Two 3. The amendment of condition of approval No. 8a of Conditional Use Permit Case No. 92- 504 and related cases, will not significantly effect the level of service at the Barnett-Grand intersection. 4. The deletion of condition of approval No.9, and the modification of conditions of approval No. 27 of Conditional Use Permit Case No. 92-504 and related cases will not increase traffic safety problems along Grand Avenue. ". 5. The proposed use with the amended conditions of approval and mitigation measures will not be detrimental to the public health, safety and welfare or materially il\iurious to properties and improvements in the vicinity. 6. Based on the expanded initial study with the proposed amendments, the project will not result in significant impacts on the environment, pursuant to the California Environmental Quality Act (CEQA) and the City's Rules and Procedures for Implementation of CEQA. NOW THEREFORE, the City Council of the City of Arroyo Grande adopts the Planning -J Commission conditions of approval and mitigation measures with amendments as outlines on -. Attachment. A · (Conditions of Approval) and AUachment . B. (Mitigation Measures) to the ARCO project. '-.. , ,- , ~' $\; On motion of Council Member Burke , seconded by Council Member Souza . and by I the following roll call vote, to wit: ..~.~ -, I A YES: Council Members Burke, Souza -and Mayor Gallagher ~ ; NOES: Council Member Brandy : ABSENT: None ABSTAIN: Council Member ~ts the foregoing Resolution was adopted this 28th day of Septe , I ! , ATIEST: I I ~^'-'~ O. ~ NA CY A. 0 IS, CITY CLERK . APPROVED AS TO FORM: RO~~Y ATfORNEY . -..._-_..__.~- RESOLUTION NO. 3006 .. - I, NANCY A. DAVIS, 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 foregoing Resolution No. 3006 was passed and adopted at a regular meeting of said council on the 28th day of September, 1993. WITNESS my hand and the Seal of the city of Arroyo Grande affixed this 5th day of October , 1993. ~ O. ~.iH~) NANCY A. DA S, CITY CLERK " - RESOLUTION NO. 3006 Attachment "A" ARCO CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 92-504 FOR 100 BARNEIT STREET 8a. Prior to finw eee1:lpaRey, the applieant shwl install a signw, with an optieem system, at the intel'SeenOfl af Barnett and GfftAd; said signal shall Be eoofEiinated and synehr'6Aked :~~ ~~er ~ignals an Grand A ":enue and shall Be sUBjeet to Bppm".'tH af the City Engineer. Casts of this fat:ility sha.ll Be eredited against signa.limtion mitigation fees &fld traffie mitigatien foos. .8.a.. Prior to final occupancy. the a.pplicant shaH post a bond. or other security a~proved by ~ ... tJu: City A!toI?ey. faI.the !;Os! !If de:ii2nini amI inStallin&:. ~~~~~~ ~:Qm &yste~ at. the .Inter~ec~on of Barnett Str~t ~d Grand A v n ~p ~t h;i~-~t :r: ~ the CIty In sIl:nahzation and traffic mItIgation fees. The Is s b 1 _ I'Dllineer's estimate of Ibe CJ!JI! ,or the ~inal (ioc!udine ~!inli~ :V~: ~~ ~~ -, traffic study) to the CIty: the estimate shall be subJect to reVIew an p y It Eneineer. 'Ute City will monitor traffic levels and turnin2 movements at the inters~~= ~ ~~ett Street and Grand A venue. If a traffic study is required. the Planning t e wiJI coordinate the traffic study. If. wit~in one year o~ the issuance o~ a ~erti?~te of occupancy :~ t~~:;oJ:~ ~~ i: determmed by the CIty that con~estion IS s12mficant based on t _ f m installation of a sienal. then the a~p1icant shall install the signal or thi~~n~: ~~~rit~ shall be col1ected by the City for the project. If. after one year from t . ss c f th certificate of occupancy for the project. the City Council has not determined ~;t ~iignal is needed. said bond or security shall be released to the a.pplicant. The C' uncil shall have sole discretion to make this determination. Any siena! that is installed shall be desiened to be coordinated and Synchro:~n with other sienals on Grand A venue and shall the subject to a~proval of the City i eer. 9. Prior te fina.l eeeupaney, the developer sha.ll instaH tfe":iees within Gmnd A vefJue from Bamett fer the length of the 91:1bjeet pr-eperty to diseeumge left tums {rem GHnd to the site and left ttims from the site onto Omnd. Said de'/iees shall not sjgnifieently impcde the f'&5sage of fire engines or other emcrgcney "/chides and may be cemmie "dets" ar sueh ether fe&t1fres su9jeet to the review &Ad awre'/a.l of the Fire Chief &Ad the Pub He '}lorks Direeter. . This condition shall not be censtnloo to req1:lir-e the installation of a raised meEli&A in the Gmnd A":enue right of way. 27. The Gmnd Avenuc dri"le'lIay sha.ll Be designeEI with a radius curb retum style awreach, sue.;eet ta the awr-eva.l af the Puelie WerlE:i Dir-ceter; said drivc.....ay shall Be designed vfitlt sueh items as striping, signage and/or a raised cure to allow right tum in and aut &RJ:y-:- 1:L. The Grand Avenue driveway desi~n shall be subject to the approval of the Public Works Director . .--"_.~-_..__._--.._,.-._.",.~ ------- RESOLUTION NO, 3006 Attachment "B" ,. - ARCO MITIGATION MEASURES CONDmONAL USE PERMIT 92-504 FOR 100 BARNEIT STREET 7. Priar ta is:nutftee of a builtliftg permit, the app1icaAt shall pay a foo tow8f'<.i mitigation of cumulatr/e tmffic impaets; said fee shall ~e computed by current methatlalagy af $2,656 I'ef ~ haur ml', usii'lg peak heur e&:Iculatians ift the tftffic analysis, er such ether fee 8iI may ~c adapted by the City Coufteill'rioF to the issuaAee of a huiltling I'ermit. Monitorin~: 'Je permit will he issued until the fee is paid. ReS1>6nsmle "\eeney: Building and Planning Departmcnts Time Fmme: Prior to issuance of the huilding permit L. Prior to issuance of a building permit. the aj>plicant shall pay a fee toward mitieation of cumulative traffic impacts equal to $17.128. Monitorin2: No permit will be issued until the fee is paid. R~onsible A2ency: Plannine and Buildin2 Departments Time Frame: Prior to issuance of building permit. 8. The site '.vill he monitered for potential ~ack up I'roblems on Gmnd !..venue for at least tV/e Yeefs. . If q1:leues. tlo extend into GJ'&ftd !...':enue mare than feur times a month tluring the Same tv/a haur time perietl, changes ta the tlri"leway design and/er ta the eperetioAs shall be insntutetl to reduee queue problems. . Manitenne: The an site persannel shall he ~ired to keep a tlaily lag af instances of baek 1:Ips ante' Gmnd, and note the day and time of such back ups. Peliee and Public "/erks ptrsOAftel will "spot eheek" the site during I'm peak hours. Legs",,;ll be su~mitted . ta the Planning Department <<I1:Iarterly. If the thri:Shaltl af mare than four times per manth is geeeded tl1:lring that twa Ye&f periatl, the applieant shall su~mit to the City fer opprevat reeommentlatians te ameliorate the eondition. Opemtionalehanges to mitigate hack 1:Ips shall nat include any type af I'ermftftent ar tempaf8:l')' clasure of Gmfld Avenue tnmmee, any limitauoA af hours of eperauon, ar elasure er diseantinuai1ce af any part ef the approveEl1:l3e. Passible mitigatians could inclutle: I) I'ftYtitling signage that ',t;e1:lItl diseauftlgc staeking on Gmfltl Avenue 8ftd leE1ifeet tf8.ffie staeking eft site ar to the Bamett Street enttftnee; 2) I'ro':iding a "kame direetar" during peak he1:lts to usher ears ante the site ta eliminate staeking an Gf8ftd Avenue: 3 prO':iding direetianal Bffl)WS 8ftd/ar other markings on site te tlireet tftlffie aff af Grane i.....eftue; MEt 4) other measures whieh da net unreasonably .Fe3triet the appre':ed use. After apprO":eEI by the City, saitll'lans shall be implemented. Failure te eamply 'Hith this mitigatian sRatl be grounds fur feyaeation of the Conditional Use Permit aREI tliseentinuatioft of the use. Responsible .~.eency: Planning, Police and Public \Vorle3 Departments Time Frame: For at least two years after the-preject is cOl15tructed and eperati~ R~SOLUTION NO. 3006 Attachment "B" ARCO Conditional Use Pennit 92-504 Mitigation Measures Page Two R... The site will be monitored by the Public Works DeJ)artment and Police Department for potential backups over a 24 month period. The personnel used for monitorine and the methodoloey shall be at the discretion of the City. The ~plicant shall d~posit $1.500 for the City to use to monitor ARCQ's compliance with said miti2:ation measure. If there is a problem based on the 24 month City monitorin2:. measures other than listed - - below and which do not unreasonably restrict the approved use shall be installed by the ~plicant. The applicant shall do the following: - iL. provide signage that will discourage stacking on Grand A venue. and redirect' traffic stacking on site or to the Barnett Street entrance: ~ provide a traffic director during peak hours to usher cars onto th~ site to eliminate stacking on Grand A venue: and ~ provide directional arrows and/or other markines on site to direct traffic off of Grand Avenue. The above conditions. a. b and c. shall be installed and implemented prior to the issuance of certificate of occupancy. to the satisfaction of the Planning and Public Works DeJ)artments. Failure to comply with any mitigation measures may be grounds for revocation of the conditional use permit and discontinuation of the use. Monitoring: Site monitoring by Public Works and Police DeJ)artments for a 24 month period after ARCQ is Qpen for business Re5JX>nsible Agency: Planning. Police and Public Work DeJ)artments Time Frame: Above improvements. a. b and c. shall be made prior to Certificate of Occupancy