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R 3656 RESOLUTION NO. 3656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DEClARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAl USE PERMIT CASE NO. 02-009, LOCATED AT 1570 WEST BRANCH STREET, APPLIED FOR BY JAMES WOOD WHEREAS, the City Council of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 02-009, filed by James Wood, for construction of a new 6,000 square foot commercial-retail 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 Califomia Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA 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 General Commercial district pursuant to Section 16.16.050 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 will 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. 3656 PAGE 2 Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the Califomia Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 02-009. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds 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. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. 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. 02-009, 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 Lubin, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: Council Members Lubin, Dickens, Runels, Costello and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 25th day of February 2003. -_.~~-_._--- -----.-------.- RESOLUTION NO. 3656 PAGE 3 TONY~~ ~. -.- ATTEST: I / c?tU{)!J.- , DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ST~~' drY MANAGER APPROVED AS TO FORM: ~,~ TIM HY J. C EL, CI~ORNEY RESOLUTION NO. 3656 PAGE 4 ExHIBIT "An CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 02-009 James Wood 1570 West Branch Street COMMUNITY DFVELOPMENT DEPARTMENT GFNFRAI CONnlTlONS This approval authorizes the construction of a new 6,000 square foot commercial-retail building, including an area for coffee service and a 300 square foot mezzanine. 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 Conditional Use Permit Case No. 02-009. 3. This application shall automatically expire on February 25, 2005 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 25, 2003 and marked Exhibits "81- 85". 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. nEVEl OPMENT CODE 6. Development shall conform to the Highway Service (H-S) zoning requirements of the Oak Parks Planned Development zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Administrative Sign Program Case No. 02-001. -----~--- ----- RESOLUTION NO. 3656 PAGE 5 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. 9. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. NOISF 10. Construction shall be limited to between the hours of 7 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday or Sunday. 11. The storage of construction materials and equipment shall be restricted to the west side of the project site to minimize construction impacts to the Quarterdeck Restaurant and the entrance to the Oak Park Plaza Shopping Center. liGHTING 12. Atllighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. WATFR 13. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. SOIIDWASTF 14. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of masonry or concrete with an exterior finish that complements the architectural features of the main building. The trash enclosure area shall accommodate recycling container(s). 15. 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: 16. The Community Development Director shall approve plans for the trash enclosure. 17. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping plan shall include the following: ...-. RESOLUTION NO. 3656 PAGE 6 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; 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. The selection of groundcover plant species shall include native plants. 5. Linear planters shall be provided in the parking area. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 18. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 19. The developer 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. 20. All electrical panel boxes shall be installed inside the building. ARC....ITFCTlJRAI RI;VIFW COMMITTI;E 21. 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 behind the parapets, or with materials architecturally compatible with the main structure. PARK~ ANn RFt':RF4TlnN nl;P4RTMFNT CONnlTIONS 22. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 23. Linear root barriers shall be used at the front of the project to protect the sidewalks. 24. All street front trees shall be 24-inch box. RESOLUTION NO. 3656 PAGE 7 POLlCF nFPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 25. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 26. The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. 27. The applicant shall post designated fire lanes, per Section 22500.1 of the Califomia Vehicle Code. 28. The applicant shall post handicapped parking, per Police Department requirements. RlJlL nlNG AND FIRF nl;PARTMFNT 29. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 30. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 31. The project shall provide a 35-foot inside tuming radius for all fire lanes. 32. The project shall have a fire flow of 1,500 gallons per minute for two hours. PRIOR TO ISSUING A BUILDING PERMIT: 33. The applicant shall show proof of proper1y abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 34. The applicant shall obtain County Health Department approval for any proposed food service. PRIOR TO OCCUPANCY: 35. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 36. The buildings must be fully sprinklered per Building and Fire guidelines. 37. An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements at Oak Park Boulevard and West Branch Street (if not already existing prior to issuance of occupancy). RESOLUTION NO. 3656 PAGE 8 PUBLIC WORKS nFPARTMFNT GFNFRAI IMPROVFMENT RFOUIRFMFNTS 38. Site M::Jinten::JnC'.A - 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. 39. Fncm::Jchment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 40. Impmvement PI::Jns - A grading, drainage and erosion control plan shall be prepared by a registered Civil Engineer and approved by the Public Works Department. 41. Gr::Jding - All grading shall be done in accordance with the City Grading Ordinance. 42. P::Jrking lot striping - The parking lot spaces shall be delineated with double striping. 43. Street rep::Jirs - The applicant shall replace any cracked or broken curb, gutter, sidewalk, or driveway approach on the property, and shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. 44. Eaa.s - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (AI 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. -----~, - ~.. RESOLUTION NO. 3656 PAGE 9 (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. ID) Approval or conditional approval of a development occurs, for the purposes of 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. IE) 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. LJTILlTIFS 45. Any existing water and sewer services shall be abandoned per the requirements of the Director of Public Works. 46. All sewer mains or laterals crossing or parallel to pUblic water facilities shall be constructed in accordance with California State Health Agency standards. 47. All new public utilities shall be installed as underground facilities. 48. 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. 49. Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. ------ RESOLUTION NO. 3656 PAGE 10 PRIOR TO ISSUING A BUILDING PERMIT: 50. 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. 51. Prior to issuing a building permit, all plans related to the traffic signal at Camino Mercado and West Branch Street shall be completed and approval by the City and Caltrans shall be obtained. PRIOR TO A CERTIFICATE OF OCCUPANCY: 52. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 53. All public utilities shall be operational. 54. All improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. MITIGATION ME4~IIRF~ 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 deparbnent or agency that the mitigation measures have been implemented. Mitigation Measures: MITIGATION MEASURES 1. 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. - ---..--.--- RESOLUTION NO. 3656 PAGE 11 Monitoring: Review of individual water program or payment ofthe in lieu fee Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 2. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Dept: Building and Fire Department Timeframe: Prior to issuance of building permit 3. 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 Dept: Parks & Recreation Department Timeframe: Prior to issuance of building permit 4. 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 moming and after work is completed for the day and whenever wind exceeds 15 miles per hour. 5. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 6. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 7. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. 8. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. RESOLUTION NO. 3656 PAGE 12 9. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. 10. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. For Mitigation Measures No.4 -10: Monitoring: Review of grading and building plans and site inspections Responsible Depts: Public Works and Building & Fire Departments shall inspect plans and spot check in the field Tlmeframe: Prior to issuance of a grading permit and during construction 11. The applicant shall install a traffic signal at the intersection of Camino Mercado and West Branch Street. The applicant and the City shall enter into a reimbursement agreement providing that the City shall reimburse the applicant the difference in costs between the signal installation and the project's Signalization Impact fee. The applicant may be reimbursed for those costs to the extent that signalization impact fees are available and programmed for this project. Monitoring: The traffic signal shall be operational Responsible Dept: Public Works Department Tlmeframe: Prior to issuance of Certificate of Occupancy 12. 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 Dept: Public Works Department Tlmeframe: Prior to issuance of building permit 13. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 14. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. 15. To the greatest extent possible, grading and/or excavation operations at portions of the site bordering developed areas should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. -- ._._._-~- RESOLUTION NO. 3656 PAGE 13 For Mitigation Measures No. 13 - 15: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction 16. 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.. Monitoring: Review of grading plans and site visits by the Public Works Inspector Responsible Depts: Public Works and Building & Fire Departments Timeframe: Prior to issuance of a grading permit and during site grading RESOLUTION NO. 3656 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 Resolution No. 3656 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 25th day of February, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of February, 2003. __m.~__.._