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R 3674 RESOLUTION NO. 3674 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. 03-001, LOCATED AT 1530 EAST GRAND AVENUE, APPLIED FOR BY SANTA LUCIA BANK WHEREA$, the City Council of the City of Arroyo Grande has considered an application for Conditional Use Permit Case No. 03-001, filed by Santa Lucia Bank, to construct a 9,100 square foot bank building with three (3) drive-up lanes and a 5,625 square foot commercial 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 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. 3674 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 California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 03-001. 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. 03-001, with the above findings and subject to the conditions as set forth in Exhibit nAn, attached hereto and incorporated herein by this reference. On motion by Council Member Costello, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: Council Members Costello, Dickens, and Mayor Ferrara NOES: None ABSENT: Council Members Lubin and Runels the foregoing Resolution was adopted this 13th day of May 2003. RESOLUTION NO. 3674 PAGE 3 TONY~ I ukt/tWQi'-L- ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~ E N AMS, ITY MANAGER. APPROVED AS TO FORM: J ITY ATTORNEY ------------------- RESOLUTION NO. 3674 PAGE 4 EXHIBIT "An CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 03-001 Santa Lucia Bank 1530 East Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 9,100 square foot, 2-story bank building with three (3) drive up lanes, and a 5,625 square foot commercial building. 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. 03-001. 3. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map 03-001 and Planned Sign Program 03-001. 4. This application shall automatically expire on May 13, 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. 5. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of May 13, 2003 and marked Exhibits liB 1 - B 10". 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 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 7. Development shall conform to the General Commercial (GC) zoning requirements except as otherwise approved. 8. Signage shall be subject to the requirements of Development Code Chapter 16.60 and conditions of approval for Planned Sign Program Case No. 03-001. RESOLUTION NO. 3674 PAGE 5 9. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. 10. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. NOISE 11. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday and Sunday. LIGHTING I I I 12. All lighting for the site shall be downward directed and shall not create spill or glare I to adjacent properties. WATER 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. SOLID WASTE 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 applicant shall submit an exterior lighting (photometric) plan for parking area lighting. 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 tandscaping 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; RESOLUTION NO. 3674 PAGE 6 . 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. 6. Street trees shall be a minimum of 24"-box size. 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 buiJding may not be painted until inspected byJhe 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. ARCHITECTURAL REVIEW COMMITTEE 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. 22. Prior to issuance of building permit, the applicant shall submit a color and materials board for ARC review and approval. 23. A low wall (no greater than 3 feet in height) and low-lying plant material shall be installed along a portion of the East Grand Avenue frontage to help screen the drive up lanes. The wall material shall match the smooth stucco surface and color of the building. 24. There shall either be a landscaped berm or tapered low wall (no higher than 3 feet tall) along Courtland Street to screen the parking area. The wall material shall match the smooth stucco surface and color of the building. 25. There shall be directional signage for the drive-thru ENTRANCE and EXITS. 26. There shall be a bulb out at the entrance to the drive-thru to narrow the entrance. RESOLUTION NO. 3674 PAGE 7 PARKS AND RECREATION DEPARTMENT CONDITIONS 27. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 28. Linear root barriers shall be used at the front of the project to protect the sidewalks. 29. All street front trees shall be 24-inch box and shall be located a minimum of one (1) tree for every seventy-five feet (75') of street frontage. POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 30. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 31. The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. 32. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 33. The applicant shall post handicapped parking, per . Police Department requirements. BUILDING AND FIRE DEPARTMENT 34. 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. 35. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines, and have a 35-foot minimum inside radius. 36. The project shall have a fire flow that complies with the Unified Fire Code requirements. 37. The entire site shall be ADA accessible. 38. Note that some fee credits are due from previously issued demolition permit. PRIOR TO ISSUING A BUILDING PERMIT: 39. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. RESOLUTION NO. 3674 PAGE 8 40. County Health Department approval is required for food service occupancies. PRIOR TO BRINGING COMUSTABLES ON SITE: 41. Fire hydrants shall be installed, per Fire Department and Public Works Department standards. PRIOR TO OCCUPANCY: 42. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 43. ' The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 44. All buildings must be fully sprinklered per Building and Fire guidelines. 45. The applicant shall install opticom traffic signal pre-emption device at an intersection to be selected by the Fire Chief. The cost of the opticom device shall be shared between the subject property and the adjacent senior housing development project to the north. This cost shall be split on a per square foot basis in accordance with the existing recorded CC&Rs for the two properties. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 46. Eaas - 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: (A) 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. (2) Serving written notice on the City Council, which notice shall contain all of the following information: RESOLUTION NO. 3674 PAGE 9 (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 n9tice. (D) 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. (E) 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. 47. 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. 48. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 49. Grading - All grading shall be done in accordance with the City Grading Ordinance. PRIOR TO ISSUING A BUILDING PERMIT: 50. No building permit shall be issued until the Final Parcel Map (TPM 03-001) has been recorded. RESOLUTION NO. 3674 I PAGE 10 51. 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. 52. The applicant shall provide a supplement to the "East Grand Avenue/Courtland Street Commercial Development Traffic Analysis Report" by Higgins Associates dated January 24, 2002 addressing the alternative driveway access location along Courtland Street. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 53. All project improvements shall be constructed prior to occupancy, except for nonessential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 54. All public 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 deparbnent or I agency that the mitigation measures have been implemented. I Mitigation Measures: I 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. Monitoring: Review of individual water program or payment of the 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. RESOLUTION NO. 3674 PAGE 11 Monitoring: Review of building plans Respons'ible 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. 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 5. All runoff water from impervious areas shall be conveyed through impervious conduits to existing storm drain facilities. A drainage plan, which incorporates the above, shall be submitted to the City prior to the issuance of any permits. Monitoring: Review of drainage/grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 6. Provide one (1) bicycle parking space for every ten (10) commercial car parking spaces. With 80 parking spaces proposed, eight (8) bicycle parking spaces are required. Monitoring: Review of improvement plans Responsible Depts: Public Works and Community Development Departments Timeframe: Prior to issuance of building permit 7. 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 15 miles per hour. 8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. RESOLUTION NO. 3674 PAGE 12 9. 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. 10. 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. 11. 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 betw~en top of load and top of trailer) in accordance with CVC Section 23114. 12. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. 13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 14. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. For Mitigation Measures No. 7 - 14: 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 Timeframe: Prior to issuance of a grading permit and during construction 15. The applicant shall pay the City's Traffic and Signalization Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fee. Responsible Dept: Public Works Department Tlmeframe: Prior to issuance of building permit 16. The applicant shall pay the City's Transportation Facilities Impact fee. . Monitoring: The applicant shall pay the fee. Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 17. The project shall continue to provide a separate southbound leMhrough lane and right turn lane on Courtland Street at East Grand Avenue. This will require continued parking prohibition using regulatory signs and/or red curb painting from RESOLUTION NO. 3674 PAGE 13 East Grand Avenue to the project southeriy driveway along the west side of Courtland Street. Monitoring: The applicant shall install the improvements Responsible Department: Public Works Department Timeframe: Prior to recording the map 18. The developer shall plant four (4) 48" box Coast Live Oak trees on the project site as mitigation for removing the existing 24" diameter Coast Live Oak tree. Monitoring: Field inspection. Responsible Dept: Parks & Recreation, Community Development Timeframe: Prior to issuing a certificate of occupancy 19. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 20. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. 21. 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. For Mitigation Measures No. 21 - 23: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction 22. The applicant shall pay the project's proportional share of the sewer impact fees. Monitoring: The applicant shall pay the required fee. Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 23. 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. 3674 PAGE 14 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. 3674 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. 3674 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 13th day of May, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 16th day of May, 2003. lAk~uo~ ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK