R 3427
RESOLUTION NO. 3427
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION, INSTRUCTING THE DIRECTOR OF
ADMINISTRATIVE SERVICES TO FILE A NOTICE OF
DETERMINATION, AND APPROVING CONDITIONAL USE
PERMIT CASE NO. 99-009, LOCA TED ON CAMINO
MERCADO (APN 007-771-073), APPLIED FOR BY PHIL &
CHRISTY KOLBO
WHEREAS, the City Council of the City of Arroyo Grande has considered an
application for Conditional Use Permit Case No. 99-009, filed by Phil & Christy Kolbo,
for construction of a single story, 7,690 square foot office/professional building; 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 Ouality Act (CEOA), the State CEOA Guidelines, and the
Arroyo Grande Rules and Procedures for Implementation of CEOA and has
determined that a Mitigated Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the Professional Commerci~1 (P-C)
District of the Oak Park Acres Planned Development (PO 1.1) pursuant to
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 because the proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and
setbacks would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use win not be detrimental to the public health, safety, or
welfare, or materially injurious to properties and improvements in the vicinity
because the proposed project would not create adverse environmental impacts.
RESOLUTION NO. 3427
PAGE 2
Architectural Review Findings:
1. The proposal is consistent with the "General Architectural Review Guidelines"
for the City of Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande
General Plan, and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons residing or working in the neighborhood of the proposed
project.
4. The general appearance of the proposed building is consistent with the
character of the neighborhood because the size and design are consistent with
other buildings in the vicinity.
5. The proposal is not detrimental to the orderly and harmonious development of
the City.
6. The proposal will not impai~ the desirability of investment or occupation in the
neighborhood.
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. 99-011.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review.
3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the City Council adopted the Mitigated
Negative Declaration 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of
Administrative Services to file a Notice of Determination, and approves Conditional
Use Permit Case No. 99-009, with the above findings and subject to the conditions
as set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
RESOLUTION NO. 3427
PAGE 3
On motion by Council Member Ferrara, seconded by Council Member Dickens, and by
the following roll call vote, to wit:
AYES: Council Members Ferrara, Dickens, Runels, and Mayor Lady
NOES: None
ABSENT: Council Member Tolley
the foregoing Resolution was adopted this 8th day of February 2000.
RESOLUTION NO. 3427
PAGE 4
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MICHAEL
ATTEST:
It !LW./t/UL
DMINISTRA TIVE SERVICES DIRECTOR!
DEPUTY CITY CLERK
RICK TerBORCH, INTERIM CITY MA
APPROVED AS TO FORM:
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RESOLUTION NO. 3427
PAGE 5
EXHIBIT " A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 99-009
Phil & Christy Kolbo
Camino Mercado (APN 007-771-073)
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a single story, 7,690 square foot
office/professional building.
1. The applicant shall ascertain and comply with all Federal, Stat~, County and
City requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 99-009.
3. This application shall automatically expire on February 8, 2002 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. Development shall occur in substantial conformance with the plans presented
to the City Council at the meeting of February 8, 2000 and marked Exhibits
"81 - 86".
5. 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.
DEVELOPMENT CODE
6. Development shall conform to the Professional Commercial (P-C) zoning
requirements of the Oak Parks Planned Development except as otherwise
approved.
7. Signage shall be subject to the requirements of Development Code Chapter 9-
13.
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RESOLUTION NO. 3427
PAGE 6
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
NOISE
9. Construction shall be limited to between the hours of 7 a.m. and 8 p.m.
Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or
Sunday.
WATER
10. 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.
SOLID WASTE
11. Solid waste pick-up location as identified is acceptable.
12. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc.,
will not be allowed within the enclosure.
PRIOR TO ISSUING A BUILDING PERMIT:
13. The applicant shall submit details of all proposed retaining walls. Any fence,
wall, or combination thereof exceeding eight (8) feet in height shall require a
variance approved by the City Council.
14. The applicant shall submit a solid waste recycling plan for recycling discarded
materials, such as concrete, sheetrock, wood, and metals, from the proposed
construction. Recycled-content materials shall be used in structural and
decorative building components and in surfacing wherever feasible. The plan
must be submitted to the Community Development Director for approval.
15. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department, Parks and Recreation Department and a representative of the
Planning Commission. The landscaping plan shall include the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
1. Deep root planters shall be included in areas where trees are within
five feet (5') of asphalt or concrete surfaces and curbs;
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RESOLUTION NO. 3427
PAGE 7
2. 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; and
3. An automated irrigation system.
4. Significant trees to be removed shall be replaced at a 3:1 ratio with
15-gallon size trees.
5. Permeable paving shall be placed in the parking area under the
dripline of all existing oak trees.
6. Pampas grass shall be permanently removed from the project site.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
16. Development shall comply with Development Code Sections 9-10.070,
"Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9-10.110, "Performance
Standards"; and 9-1 O. 1 20 "Screening Requirements".
ARCHITECTURAL REVIEW COMMITTEE
17. The "wood siding II shall be made of non-combustible material.
18. All ducts, meters, air conditioning equipment, and 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.
PARKS AND RECREATION DEPARTMENT CONDITIONS
19. The applicant shall comply with the provisions of Ordinance 431 C.S., the
Community Tree Ordinance.
20. Linear root barriers shall be used at the front of the project to protect the
sidewalks.
21. All street front trees shall be 24-inch box.
22. Per the Arborist Report prepared for the project dated September 7, 1998,
trees #2 and #10 shall be pruned and saved (reference Attachment B of the
Initial Study). Tree #15 shall be retained. Tree #16 may be retained at the
discretion of the applicant.
POLICE DEPARTMENT
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
23. The applicant shall install a burglary alarm system per Police Department
guidelines, and pay the Police Department alarm permit application fee.
RESOLUTION NO. 3427
PAGE 8
BUILDING AND FIRE DEPARTMENT
24. 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.
25. The project shall have a fire flow of 1,500 gallons per minute for a duration of
two hours.
PRIOR TO ISSUING A BUILDING PERMIT:
26. The applicant shall show proof of properly abandoning all non-conforming
items such as septic tanks, wells, underground piping and other undesirable
conditions.
27. The handicapped ramp shall be located out of the loading area and onto the
sidewalk.
PRIOR TO OCCUPANCY:
28. The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code.
29. One fire hydrant shall be installed on site and one within 1 5 feet of the Fire
Department Connection to the building sprinkler system, per Fire Department
and Public Works Department standards.
30. The applicant must provide an approved "security key vault" per Building and
Fire Department guidelines.
31. The building must be fully sprinklered per Building and Fire guidelines.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
32. Fees - The applicant shall pay all applicable City fees at the time they are
due.
33. Site maintenance - 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.
PRIOR TO ISSUING A GRADING PERMIT:
34. Public Works Improvements - All project improvements shall be designed and
constructed in accordance with City of Arroyo Grande standards and
RESOLUTION NO. 3427
PAGE 9
specifications. The following improvement plans 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. Public utilities.
d. Water and sewer.
35. Site plan - The site improvement plans shall include the following:
a. The location and size of all water, sewer, and storm water facilities
within the project site and abutting streets or alleys.
b. . The location and size of all sewer laterals.
c. The location, size and orientation of all trash. enclosures.
d. All parcel lines and easements crossing the property.
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
g. Plan and profile drawings of existing and proposed streets and
utilities.
h. Retaining wall locations and details.
36. Plan sets - 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, 2 sets of prints of the approved record
drawings (as builts) and electronic (e.g. Autocad) files where available.
37. Improvement agreement - Prior to approval of any improvement plans, the
applicant shall enter into an agreement with the City for inspection of the
required improvements.
38. Encroachment permits - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
39. Preliminary Title Report - A current preliminary title report shall be submitted
to the Director of Public Works prior to checking the improvement plans.
40. Grading - All grading shall be done in accordance with the City Grading
Ordinance.
41. Soils report - A preliminary soils report shall be prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
42. Street sections - Street structural sections shall be determined by an R-Value
soil test taken on prepared subgrade.
RESOLUTION NO. 3427
PAGE 10
43. Adjacent structures - The grading plan design shall include measures to
protect the adjacent structures from damage due to the construction.
44. Off-site work - Written permission from property owners shall be obtained for
all off-site grading and construction.
45. Drainage design - The site shall drain to Camino Mercado. All drainage
facilities shall be designed for a 100-year storm flow. Provide drainage
calculations as required.
46. Water Neutralization Program - Per Mitigation Measure No. 59, the applicant
shall complete measures to neutralize the estimated increase in water
demand created by the project by either:
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 Public Works for review and
approval. The proposed individual water program shall be submitted to
the City Council for approval prior to implementation; or,
Pay an in lieu fee of $2,200 per equivalent residential unit usage.
47. Utility review - All improvement plans shall be submitted to the public utility
companies for review and comment. Utility comments shall be forwarded to
the Director of Public Works for approval.
48. Documents - All easements, abandonments, or similar documents to be
recorded as a document separate from the map, shall be prepared by the
applicant on 8.5 xl1 City standard forms, and shall include legal
descriptions, sketches, closure calculations, and a current preliminary title
report. The applicant shall be responsible for all required fees, including any
additional required City processing fees.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
49. The applicant shall construct a new curb, gutter and sidewalk to match
existing along the property frontage and extend it to the existing c::urb, gutter
and sidewalk at the west end of the project. Camino Mercado shall be
widened to a width of 44 feet curb to curb. The street structural section
shall be based on a TI of 5.5.
50. The driveway into the site shall have curb returns with a minimum 25-foot
radius.
51. The portion of the parking lot located on the west side of the property shall
have a railing.
RESOLUTION NO. 3427
PAGE 11
52. .Abandonments - Existing water services to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
53. Abandonments - Existing sewer laterals to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
54. Sewer crossings - All sewer mains or laterals crossing or parallel to public
water facilities shall be constructed in accordance with California State
Health Agency standards.
55. New Utilities - All new public utilities shall be installed as underground
facilities.
56. Underground Utilities - Existing overhead public utilities on site or within 6
feet of the property line shall be placed underground per Development Code
Section 9-15.050.
57. Fire Hydrant and Air Vac - Relocate the existing fire hydrant and air vac as
necessary for roadway, driveway or sidewalk improvements.
58. Utilities - All utilities shall be operational. .
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project.
The following mitigation measures shall be implemented as conditions of approval
and shall be monitored by the appropriate City department or responsible agency. The
applicant shall be responsible for verification in writing by the monitoring department
or agency that the mitigation measures have been implemented.
Mitigation Measures:
59. 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 Works for review and approval. The proposed
individual water program shall be submitted to the City for approval
prior to implementation; or, pay the in lieu fee.
Monitoring: Review of individual water program or
payment of the in lieu fee
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
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RESOLUTION NO. 3427
PAGE 12
60. 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.
Monitoring: Review of landscaping and irrigation plans
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
61. The applicant shall provide detailed drainage calculations indicating that
increased run-off can be accommodated by existing facilities and/or provide
on-site retention basins to the satisfaction of the Director of Public Works.
Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
62. 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 create a crust after each day's activities
cease.
Monitoring: Review of grading and building plans, and site
inspections
Responsible Department: The Public Works and Building and Fire
Departments .shall inspect plans, and the
Community Development Department shall
spot check in the field
Timeframe: Prior to issuance of grading permit
63. 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 would include wetting down such areas in the later
morning and after work is completed for the day and whenever wind exceeds
1 5 miles per hour.
Monitoring: Review of grading and building plans, and site
inspections
Responsible Department: The Public Works and Building and Fire
Departments shall inspect plans, and the
Community Development Department shall
spot check in the field
Timeframe: Prior to issuance of grading permit
64. Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation. .
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RESOLUTION NO. 3427
PAGE 13
Monitoring: Review of grading and building plans, and site
inspections
Responsible Department: The Public Works and Building and Fire
Departments shall inspect plans, and the
Community Development Department shall
spot check in the field
Timeframe: Prior to issuance of grading permit
65. The applicant shall pay the City's Traffic and Signalization Impact fees prior
to issuance of building permit.
Monitoring: The applicant shall pay the fees
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
66. All shift starting and ending periods will not be within the following peak-
hour windows: after 7:30 a.m. or before 9 a.m.; after 4:30 p.m. or before 6
p.m. (Monday through Friday). This shall remain in effect as long as the
proposed use exists or until a signal is installed at the Camino Mercado and
West Branch Street intersection. The applicant shall provide evidence to the
City, including but not limited to the following: an annual letter signed by all
business owners within the office complex that the non-peak work schedule
is still in effect.
Monitoring: The applicant shall submit annual reports
Responsible Department: Community Development Department
Timeframe: Annual reports commencing after the
Certificate of Occupancy is issued
67.' The applicant shall retain an arborist during the grading and construction
phases of the project. Protective fencing shall be installed around each tree
to remain at the dripline, or as directed in the field by the arborist. The
fencing shall be installed prior to any site clearing or grading, and shall remain
in place until construction is complete, including landscaping. Weatherproof
signs shall be permanently posted on the fences, stating the following:
Tree Protection Zone
No personnel, eauipment. materials. or vehicles are allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general contractor]
RESOLUTION NO. 3427
PAGE 14
Monitoring: Field inspection
Responsible Department: Parks & Recreation, Community Development
Departments
Timeframe: Prior to issuance of grading permit
68. The arborist shall mark all trees to be removed with either colored ribbon or
paint.
Monitoring: Field inspection
Responsible Department: Parks & Recreation, Community Development
Departments
Timeframe: Prior to issuance of grading permit
69. The applicant shall submit written reports prepared and signed by the arborist
stating that all tree protection measures have been met per the International
Society of Arborculture (ISA) Guidelines.
Monitoring: Review of reports
Responsible Department: Parks & Recreation, Community Development
Departments
Timeframe: Reports filed on a monthly basis commencing
after issuance of grading permit
70. Removal of oak trees numbered 4, 9, 14, and 16, and relocation of trees
numbered 5 and 6 shall be replaced with 15-gallon Coast Live Oak trees at a
3:1 ratio and planted on-site.
Monitoring: Review landscape plans/Field inspection
Responsible Department: Parks & Recreation Department
Timeframe: Prior to occupancy
71. Prior to issuing a grading permit, the applicant shall submit evidence from a
radiocarbon (C-14) dating technique to determine the antiquity of the shell
fragments found on site. If the date of the shell is determined to be
prehistoric, then a subsurface testing program shall be conducted to
determine the boundaries, nature and significance of them. Based on the
subsurface testing results, a mitigation program shall be developed.
Monitoring: The applicant shall submit the test results.
Responsible Department: Community Development Department
Timeframe: Prior to issuance of a grading permit
72. 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
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RESOLUTION NO. 3427
PAGE 15
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."
Monitoring: Review of grading plans and site visits by the
Public Works Inspector.
Responsible Department: Public Works, Building Departments
Timeframe: Prior to issuance of a grading. permit and
during site grading
RESOLUTION NO. 3427
OFFICIAL CERTIFICATION
I, KELLY 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 Resol~tion No. 3427 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council of the City of Arroyo Grande on the 8th day of February 2000. .
WITNESS my hpnd and the Seal of the City of Arroyo Grande affixed this 10th
day of February, 2000.
1
..1 /JU)L~l/101uL.--
KELLYW T RE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
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