R 3378
.
RESOLUTION NO.3378
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION, INSTRUCTING THE ADMINISTRATIVE
SERVICES DIRECTOR TO FILE A NOTICE OF
DETERMINATION, AND APPROVING CONDITIONAL USE
PERMIT 98-573, APPLIED FOR BY KEVIN KENNEDY,
LOCATED AT OAK PARK BOULEVARD AND JAMES WAY
WHEREAS, the Planning Commission of the City of Arroyo Grande has approved PC
Resolution No. 99-1700 recommending that the City Council adopt the Negative
Declaration prepared for this project and approve Conditional Use Permit 98-573; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional
Use Permit 98-573, filed by Kevin Kennedy, to construct an 18,925 square foot
health club facility at the southeast corner of Oak Park Boulevard and James Way in
the Oak Park Health Plaza; and
WHEREAS, the City Council has held a public hearing on this application in
accordance with City Code; and
WHEREAS, the City Council has found this project to be consistent with the General
Plan and the environmental documents associated therewith; and
.
WHEREAS, the City Council has reviewed the Final Negative Declaration under the
provisions of the California Environmental Ouality Act (CEOA), the State CEOA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to
CEOA; 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 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.
3. The site is suitable for the type and intensity of use or development that is
proposed.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
- ~--- ~--_._-
--
RESOLUTION NO. 3378
PAGE 2
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.
6. The revised master plan is a conceptual planning tool and is not an entitlement.
for future development. Future proposed buildings on Parcel 3, Arroyo Grande
95-108, Parcel 3 Arroyo Grande 82-035, or Parcel A Arroyo Grande 79-038
must receive required review and approval and must satisfy parking and other
Development Code requirements.
California. Environmental Quality Act and 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. 98-567.
2. Based on the initial study, a negative declaration was drafted for public review.
The City Council has considered the Negative Declaration together with any
comments received and considered during the public review process. The
Negative Declaration reflects the independent judgment of the City Council.
3. The City Council finds that through feasible conditions placed upon this
project, the significant impacts on the environment have been eliminated or
substantially mitigated to a level of insignificance.
4. The documents and other materials which constitute the records of
proceedings upon which this decision is based are in the custody of the
Secretary of the City of Arroyo Grande City Council, City Hall, 214 E. Branch
St., Arroyo Grande, California.
5. Public Resources Code Section 21081.6 requires the City to adopt a reporting
or monitoring program for the changes to the project it has adopted or made a
condition of approval in order to mitigate or avoid significant effects of the
approval, and such changes, with their corresponding permit monitoring
requirements, are hereby adopted as the monitoring program for the project.
The monitoring program is designed to ensure compliance during project
implementation.
6. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole the City Council considered the Negative
Declaration and found that there is no substantial evidence of any significant
adverse environmental 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.
".--.-.---..-- -
.
RESOLUTION NO. 3378
PAGE 3
NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a Negative Declaration, instructs the Administrative Services
Director to file a Notice of Determination, approves Conditional Use Permit 98-572,
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 Tolley, seconded by Council Member Runels, and by
the following roll call vote, to wit:
AYES: Council Members Tolley, Runels, Dickens, Ferrara, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 13th day of July 1999.
-
-
.
RESOLUTION NO. 3378
PAGE 4
al .
MICHAEL A. LADY, ~~
ATTEST:
ADMINISTRATIVE SERVICES DIRECTORI
DEPUTY CITY CLERK
APPROVI:D AS TO CONTENT:
~I:An-L ~~
ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
-
"_'___H
RESOLUTION NO. 3378
PAGE 5
EXHIBIT A
CONDITIONS OF APPROVAL
KENNEDY CLUB FITNESS; CUP 98-573
Corner of Oak Park Boulevard and James Way
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes construction of 18,9.25 square foot health. club facility.
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 Case No. CUP-
573, and the site shall be developed as depicted in the revised Master Plan for
the Oak Park Health Plaza, dated June 25, 1999.
3. This application shall automatically expire on July 13, 2001 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. Two years after the issuance of building permits, the Conditional Use Permit
shall be reviewed by the Community developmeht Director for determination of
whether adequate parking has been provided pursuant to the Master Plan for
the Oak Park Health Plaza. A public, hearing and review by the Planning
Commission may, at the discretion of the Community Development Director,
be required to review potential concerns. In such event, the applicant shall
submit funds to cover the cost of the public hearing, and a current mailing list
of property owners (and occupants) within 300 feet of the project.
5. Development shall occur in substantial conformance with the plans presented
and marked Exhibit "B", approved July 13, 1999. Prior to issuance of a
building permit, the applicant shall file Reciprocal Easements for access,
parking and drainage acceptable to the Community Development Director.
6. 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
RESOLUTION NO. 3378
PAGE 6
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.
7. Development shall conform to P-D-1. 1 (Oak Park Acres Planned Development)
zoning requirements except as otherwise approved.
CONDITIONS IN ENVIRONMENTAL DOCUMENT
8. Dust generated by the development activities shall be kept to a minimum with
a goal of retaining dust on the site. Applicant shall follow the dust control
measures listed below:
a. 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 c,reate a crust after each day's
activities cease.
b. 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 shall include wetting down such
areas in the later morning and after work is completed for the day, and
whenever winds exceed 1 5 miles per hour.
c. Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
9. The contractor or builder shall designate a person or persons to monitor the
dust control program and order increased watering as necessary to prevent
transport of dust off-site. Their duties shall include holiday and weekend
periods when work may not be in progress.
10. In the event archaeological or cultural resources are discovered during the
construction process, all work on the site shall cease. A monitor with
knowledge of archaeological resources shall be contacted, and shall view and
assess the materials discovered. A written mitigation plan shall be prepared
and approved by the City. All costs associated with the employment of a
qualified archaeologist shall be paid by the applicant. 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. "
RESOLUTION NO. 3378
PAGE 7
11. Prior to issuance of a building permit, the applicant shall submit an updated
soils report addressing any changes in the condition of the parcel which may
have occurred since the date of the Soils Report, March, 1988, and identifying
measures to responds to such changes, if identified. In the alternative,
applicant may submit a new soils report which adequately addresses the
issues raised in the Soils Report.
12. Structures shall be designed to earthquake standards of the Uniform Building
Code Seismic Zone 4. Prior to plan check, the applicant shall submit building
plans indicating standards to the satisfaction of Building and Safety.
13. Construction operations, especially grading operations, shall be confined as
much as possible to the dry season, in order to avoid erosion of disturbed
soils.
14. All graded areas, including road subgrades and building pads which are rough
graded areas but not constructed until subsequent construction phases shall be
revegetated. This vegetation shall be irrigated and maintained on a regular
basis. This vegetation shall be removed as necessary in later phases when
finish grading, paving and building construction occurs.
15. Project landscaping plans shall incorporate the use of fast growing ground
covers to stabilize soils soon after construction is completed.
16. Demolition or construction activities, including truck traffic coming to and from
the site for any purpose, shall be limited to daytime, (non-holiday) hours (7:30
a.m. to 6:00 p.m.) Mondays through Saturdays.
17. 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.
18. All new construction shall utilize fixtures and designs that minimize water
usage. Such fixtures shall include, but are not limited to, low flow shower
heads, water saving toilets, instant water heaters and hot water recirculating
systems. Water conserving designs and fixtures shall be installed prior to final
occupancy.
LIGHTING
19. All lighting for the site shall be downward directed and shall not create spill or
glare to adjacent properties.
RESOLUTION NO. 3378
PAGE 8
DEVELOPMENT CODE
20. Development shall conform with the H-S subzone zoning requirements except
as otherwise approved.
21. Signage shall be subject to the requirements of Development Code Chapter 9 -
13.
22. Prior to issuance of a certificate of occupancy, all ducts, meters, . air
conditioning equipment and all 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. It is especially
important that gas and electric meters, electric transformers, and large water
piping systems be completely screened from public view. All roof-mounted
equipment which generates noise, solid particles, odors, "et cetera, shall cause
the objectionable material to be directed away from residential properties.
23. Prior to issuance of a building permit,. all walls, including screening and
retaining walls shall be compatible with the approved architecture and
Development Code Standards, subject to the review and approval of the
Community Development Director.
24. All parking spaces adjacent to a wall, fence, or property line shall have a
minimum width of 11 feet. This does not apply to garage or carport spaces
which shall each have a minimum clear dimension of 10 feet wide by 20 feet
deep.
25. The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations."
26. Prior to issuance of occupancy permits, the developer shall comply with
Development Code Chapter 9-15, "Improvements". All above ground utilities
shall be undergrounded.
27. Prior to paint or stucco color coat being applied to the building, the applicant
shall paint a test patch on the building including all colors. The remainder of
the building may not be painted until inspected by the Community
Development Department or Building and Fire Department to verify that colors
are consistent with the approved color board. A 48-hour notice is required for
this inspection.
SOLID WASTE
28. Solid waste pick-up location as identified is acceptable.
29. In such cases where trash bin enclosures are to be installed abutting
structures, the common wall shall be of a noncombustible masonry type
RESOLUTION NO. 3378
PAGE 9
material with no openings for vents or windows.
30. Trash enclosures shall be reserved exclusively for dumpster storage.
Miscellaneous boxes, bins, racks, etc., will not be allowed within the
enclosure.
31. To reduce the possibility of the gates damaging vehicles parked next to the
enclosures, an overhead type door is strongly encouraged. (See City Standard
Detail. )
32. Interior vehicle travel ways shall be designed to be capable of withstanding
loads imposed by trash trucks.
POLICE DEPARTMENT CONDITIONS
33. Prior to issuance of building permit, applicant to submit exterior lighting plan
for Police Department approval.
34. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
35. Prior to issuance of a certificate of occupancy, the applicant shall install a
burglary [or robbery] alarm system per Police Department guidelines, and pay
the Police Department alarm permit application fee of ($30.00).
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
36. 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. The applicant shall include, to the approval of the
Fire Department, occupancy classifications and required separations.
FIRE LANES
37. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
38. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
39. Prior to issuance of building permits, the applicant shall submit a site survey
regarding the presence of archaeological resources on the site. The survey
shall be performed by a qualified archaeologist.
RESOLUTION NO. 3378
PAGE 10
FIRE FLOW/FIRE HYDRANTS
40. Project shall have a fire flow of one thousand five hundred gallons (1,500) per
minute for a duration of three (3) hours.
41. Prior to bringing combustible materials on site, fire hydrants shall be installed,
per Fire Department and Public Works Department standards.
SECURITY KEY BOX
42. Prior to occupancy, applicant must provide an approved "security key vault,"
per Building and Fire Department guidelines.
FIRE SPRINKLER
43. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
OPTICOM DEVICE
44. The applicant shall participate in cooperation with the applicant in Case No.
CUP 98-572 (Russ Sheppel) to install an Opticom traffic signal pre-emption
device at the James Way - Oak Park Blvd intersection, that meets Building and
Fire Department requirements, per the approval of the Fire Chief.
ABANDONMENT/NON-CONFORMING
45. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable
conditions.
OTHER PERMITS
46. Prior to issuance of a building permit, County Health Department approval is
required for the swimming pool.
47. Any review costs generated by outside consultants, shall be paid by the
applicant.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be
complied with prior to recording the map or finalizing the permit, unless specifically
noted otherwise.
RESOLUTION NO. 3378
PAGE 11
GENERAL IMPROVEMENT REQUIREMENTS
48. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
49. The driveway entrance shall be constructed with curb returns, concrete cross-
gutter and spandrels. The existing fire hydrant shall be relocated, if necessary.
50. All project improvements shall be designed and constructed in accordance with
City standards and specifications. Plans within the right-of-way shall include
profile drawings. Improvement plans (including the following) shall be prepared
by a registered Civil Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Striping and signage plan.
d. Public utilities.
e. Water and sewer.
51. Parking lot spaces shall be delineated with double striping.
52. 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).
53. 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.
54. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
55. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right of way (City or Caltrans).
UNDERGROUND UTILITIES/EASEMENTS
56. The developer shall comply with Development Code Chapter 9-15.050. All
existing above ground utilities shall be relocated underground.
57. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right-of-way. The PUE shall be wider where necessary
for the installation or maintenance of the public utility vaults, pads, or similar
RESOLUTION NO. 3378
PAGE 1 2
facilities.
58. Private easements shall be recorded for all reciprocal easements as depicted in
the revised Master Plan for the Oak Park Health Plaza as approved by the City
Council.
GRADING AND DRAINAGE
59. All grading shall be done in accordance with the City Grading Ordinance.
60. All drainage facilities shall be designed to accommodate a 1 DO-year storm
flow.
61. The Department of Public Works may require further reports on the soils. All
earthwork design and grading shall be performed in accordance with the
approved soils report.
62. The applicant shall submit an engineering study regarding flooding related to
the project site. The study shall be prepared for the approval by the Director
of Public Works. Any portions of the site subject to flooding from a 1 DO-year
storm shall be shown on the recorded map or other recorded document, and
shall be noted as a building restriction.
63. The on-site water system, which supplies water to fire hydrants, shall be a
public facility. This will require public improvement plans and dedication of a
15-foot wide easement.
WASTEWA TER
64. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
PUBLIC UTILITIES
65. All new public utilities shall be installed as underground facilities.
66. Prior to approving any building permit within the project for occupancy, all
public utilities shall be operational.
67. All improvement plans shall be submitted to the public utility companies for
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable City fees, including the following:
RESOLUTION NO. 3378
PAGE 1 3
68. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a. Water Mitigation fee, to be based on codes and rates in effect at the
time of building permit issuance, involving water connection or
enlargement of an existing connection.
b. Water Distribution fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code 6-
7.22.
c. Water Service charge to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code 6-
7.22.
d. Water Supply charge, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code 6-
7.22.
e. Traffic Impact fee, to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Ordinance 461 C.S.,
Res. 3021.
f. Traffic Signalization fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ordinance 346
C.S., Res. 1955.
g. Sewer Permit fee, to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Municipal Code 6-6.405.
h. Drainage fee, as required by the area drainage plan for the area being
developed.
i. Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall be
provided for existing houses), to be based on codes and rates in effect
at the time of building permit issuance in accordance with Ordinance
313 C.S.
J. Street Tree Planting fee, the developer shall pay the current street tree
planting fee/deposit. One 1 5-gallon size or larger street tree is required
for every fifty feet (50') of project frontage. Prior to issuance of the
certificate of occupancy, the developer, with the approval of the Park
and Recreation Director, may install all 1 5-gallon trees and receive a
refund of deposit. To be based on codes and rates in effect at the time
of building permit issuance, in accordance with Ordinance 431 C.S.
k. Construction Tax, the applicant shall pay a construction tax pursuant to
Section 3-3.501 of the Arroyo Grande Municipal Code.
I. Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ordinance 435 C.S.
m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on
codes and rates in effect at the time of development in accordance with
State mandate.
n. Building Permit Fee, to be based on codes and rates in effect at the time
of development in accordance with Title 8 of the Municipal Code.
RESOLUTION NO. 3378
OFFICIAL CERTIFICATION
I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of
the City of Arroyo Grande, County of San Luis Obispo, State of California, do
hereby certify under penalty of perjury, that Resolution No. 3378 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council ofthe City of Arroyo Grande on the 13th day of July, 1999.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th
day of July, 1999.
1 I lli+rVlO1V2-
E, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
-...-.-.- .- -