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R 2936 , . , RESOLUTION NO. 2936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 91-485, FOR THE K-MART ADDITION PROJECT, APPLIED FOR BY K-MARTCORPORATION AT 1570 WEST BRANCH STREET. WHEREAS, the City Council of the City of Arroyo Grande has considered an application for the K-Mart Addition Project, applied for by K-Mart Corporation at 1570 West Branch Street in the PD-l.l Planning Development Zone; and - WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, a Supplement Environmental Impact Report (SEIR) has been prepared for the K-Mart Addition Project; and WHEREAS, the City Council has reviewed the project and the SEIR in compliance with the California Environmental Quality Act (CEQA) and has certified the SEIR as being prepared in compliance with the provisions of the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City rules and Procedures for the implementation of CEQA; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of the Development Code and Ordinance 140 C.S., and complies with all applicable provisions of the Development Code, Ordinance 140 C.S., 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 or the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. Specifically, the proposed project meets the requirements for setbacks, landscaping, lot coverage, and parking of the Development Code. 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 welfare, or materially injurious to properties and improvements in the vicinity because conditions of approval have been added requiring the project to be constructed in accordance with adopted codes and regulations. 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. 91-485. 2. Based on the initial study, a Supplement to the Oak Park Acres Environmental Impact Report was drafted for review by the public and the Planning Commission and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission recommended that the City Council Certify the Supplement ElR and found 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. ---- --.-.--.- f .,~ Resolution No. 2936 K-Mart Addition Project Conditional Use Permit Case No. 91-485 June 23, 1992 Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit Case No. 91-485, subject to the mitigation measures attached hereto as Attachment "B" and incorporated herein by reference, and subject - to the conditions of approval, attached hereto as Attachment "CO and incorporated herein by reference. On motion of Council Member Smith, seconded by Council Member Dougall, and on the following roll call vote, to wit: AYES: Council Members Smith, Dougall, Gallagher and Mayor Pro Tern Moots NOES: None ABSENT: Mayor Millis the foregoing Resolution was adopted this 23rd day of June, 1992. A~ M~ GENE MOOTS, MAYOR PRO TEM ATTEST: - ~a.~ NANCY A. AVIS, CITY CLERK AS TO FORM: 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. 2936 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 23rd day of June, 1992. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of June' , 1992. fUw. a.~ ---, NANCY A. ~vis, CITY CLERK , . ATIACHMENT "B" MITIGATION MEASURES FOR THE K-MART ADDITION CONDITIONAL USE PERMIT CASE NO. 91-485 ARCHITECTURAL REVIEW CASE NO. 91-466 1. Prior to issuance of building permits, a Transportation Demand Management (TDM) program shall be approved by the Planning Commission and the applicant shall pay a traffic mitigation fee of $66,400.00 for improvements on the backbone transportation system; OR Prior to issuance of building permits the applicant shall pay a traffic mitigation fee of $82,336.00 for improvements on the backbone transportation system. Monitoring Department: Planning Department for processing the TDM, Public Works Department for Payment of the Traffic Mitigation Fees. Time Frame: Prior to issuance of Building Permits. 2. All new construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. Monitoring Department: Building Department Time Frame: Prior to issuance of Building Permits all fixtures and designs shall be noted on the construction plans. 3. Prior to final occupancy of any structure, all water conserving designs or fixtures shall be installed. Monitoring Department: Building Department Time Frame: Prior to final occupancy of the addition. 4. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform Building Code, and/ or as recommended by the soils report with prior review and approval of the Director of Public Works. Monitoring Department: Building Department/Public Works Department Time Frame: Prior to issuance of building or grading permits, during grading operations. 5. Hold development to commercial retail use and not permit Freeway Service or highway commercial uses. Monitoring Department: Planning Department Time Frame: Prior to issuance of Building Permits. 6. In the event that during grading, construction or development of the project, any archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human burials are encountered, the County Coroner (549-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading plans shall be noted to reflect this mitigation. Monitoring Department: Building Department Time Frame: Prior to issuance of building permits notes shall be placed on the plans. During grading, construction, or development of the project for the remainder of the mitigation measure. .. , . ATrACHMENT "c" CONDITIONS OF APPROVAL FOR mE K-MART ADDITION CONDITIONAL USE PERMIT CASE NO.91-48S, ARCHITECTURAL REVIEW CASE NO. 91-466 General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements -- as are applicable to this project. 2. This application shall automatically expire on June 23, 1994 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. 3. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of June 23, 1992 and marked "Exhibit A.. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. S.a. A Supplement to the Oak Park Acres Final EIR has been certified for this project. The , mitigation measures included in the project approval package as Attachment "B" shall be , ; implemented as conditions of approval and shall be monitored by the appropriate City - department or other responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation I measures have been implemented. I , S.b. Prior to issuance of building permits, the applicant shall fully reimburse the City for the cost of preparation of the SEIR. Planning Department Conditions 6. Development shall conform with the PD 1.1 zoning requirements unless otherwise approved. 7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 8. All colors and materials for the addition shall match the existing building. This condition includes roof colors. 9. Prior to issuance of building permits, revised plans shall be submitted to be reviewed and approved by the Planning Department, the Parks and Recreation Department and the Architectural Advisory Committee as noted. The plans shall be revised to include the following: -., a. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the roof or elsewhere, shall be screened from public view or painted with colors and materials architecturally compatible with the main structure subject to review and approval of the Architectural Advisory Committee. It is especially important that gas and electric meters and electric transformers be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material to be directed away from residential properties. -- --- . . . ,- Attachment "COO K -Mart Page Two b. All existing roof mounted air conditioning equipment shall be painted to blend in with the roof color. c. All walls, including screening and retaining walls shall be compatible with the approved architecture, subject to the review and approval of the Architectural Advisory Committee. d. The chain link fence around the garden shop shall be replaced with a steel tube fence painted to match the existing building colors. e. A landscaping and irrigation plan for the new planter areas shall be prepared by a licensed landscape architect subject to review and approval by the Director of Parks and Recreation. The proposed landscaping shall be compatible with existing landscaping. The landscaping plan shall include the following: (1) Tree staking, soil preparation and planting detail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: (a) Deep root planters in areas where trees are within 5' of asphalt or concrete surfaces and curbs; and (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; f. Twenty (20) bicycle parking spaces. Building Department Conditions 10. Prior to issuance of building permits, the applicant shall obtain necessary permits for: a. Grading; and b. Demolition of existing structures. 11. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to all seismic conditions as they would apply to earthquake zone 4. 12. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to energy regulations as described in Title 24 of the California Administrative Code for climate zone 5. 13. Plancheck shall be pursuant to the 1991 edition on the Uniform Building Code, California Edition. Public Works Department Conditions 14. All improvement plans shall be prepared by a registered civil engineer, licensed in the State of California, and shall be approved by the Public Works Director prior to issuance of any City Permits. Improvement plans shall include, but are not limited to, grading, street, drainage, sewer, water, and appurtenant improvements. As required, the plan submittal shall include construction cost estimates, plan check fees, soil reports, and all other pertinent engineering design calculations. - . -, , Attachment "C" K-Mart Page Three 15. . Standard Specifications for Public Works Construction', latest edition, and the latest edition of the 'standard Plans for Public Works Construction", as amended by the City, shall be the project specifications, except as noted otherwise on the approved improvement plans. 16. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 - of the Uniform Building Code, and/or as recommended by the soils report with prior review and approval of the Director of Public Works. 17. It is the contractor's responsibility to control dust and erosion throughout the construction operation. This includes dust arising from the transport of grading materials to or from the construction site. The developer or his agents or employees shall be responsible for removal and clean-up of any spill on public streets during the construction operation. Fire Department Conditions 18. All construction shall comply with the 1991 issues of the Uniform Fire Code and the California Edition of the Uniform Building Code. I I Parks and Recreation Department Conditions I 19. All landscaping materials shall be planted according to the approved landscaping plan. 20. The applicant shall maintain and replace when necessary all approved plantings. 21. Prior to issuance of building permits, the applicant's landscaper shall make an appointment and meet on the site with the Director of Parks and Recreation to assess the condition of existing parking lot landscaping. Prior to final occupancy of the addition, landscaping shall be pruned or replaced as directed by the Director of Parks and - Recreation. --,