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R 3768 RESOLUTION NO. 3768 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 04-002, LOCATED AT 959 VALLEY ROAD, APPLIED FOR BY ST. JOHN'S LUTHERAN CHURCH WHEREAS, the applicant has filed Conditional Use Pennit 04-002 to remodel and expand an existing church facility located at 959 Valley Road; and WHEREAS, the City Council has considered Conditional Use Pennit 04-002 to expand and existing church facility located at 959 Valley Road; and WHEREAS, the City Council has considered the applicant's request to defer connection to City water and sewer services for a period of two (2) years, retain use of the existing septic tank during this period, and retain use of the existing water well indefinitely; and WHEREAS, the City Council has held a public hearing on July 27, 2004 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 adopted a Mitigated Negative Declaration; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: . Conditional Use Pennlt Findings: 1. The proposed use is pennitted within the Public Facility (PF) district pursuant to Section 16.16.050 of the Development Code and complies with all the 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 exp~nsion of the church facility would not impair the integrity and character of the Public Facility (PF) district because it confonns to all applicable development standards for the PF district. 3. The site is suitable for the proposed expansion of the church facility because the site is of an adequate size to accommodate the increased intensity of use without impacting surrounding properties. _u.__.n___.__u,__" .__'_" _.._n_ - RESOLUTION NO. 3768 PAGE 2 of 12 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety; the property has existing on-site water and sewer facilities and will be connected to City facilities within two (2) years. 5. The expansion of the church facility will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit 04-002 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 Costello, seconded by Council Member Lubin, and on the following roll call vote, to wit: AYES: Council Members Costello, Lubin, Runels and Mayor Ferrara NOES: None ABSENT: Council Member Dickens the foregoing Resolution was adopted this 27th day of July, 2004. RESOLUTION NO. 3768 JUL Y 27, 2004 PAGE 3 of 13 - ~/ TONY F A, A YOR ATTEST: APPROVED AS TO CONTENT: ~f~ STE EN ADAMS. CITY MANAGER APPROVED AS TO FORM: TTORNEY \ i RESOLUTION NO. 3768 PAGE 4 of 12 EXHIBIT "An CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-002 959 VALLEY ROAD COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the expansion of the existing church facility located at 959 Valley Road, allows the applicant to defer connection to City water and sewer facilities for a period of two (2) years. allows the applicant to retain use of the existing septic tank during this period. and allows the applicant to retain use of the existing water well indefinitely. 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 04-002. 3. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of July 27.2004 and marked Exhibit "B". 4. This conditional use permit approval shall automatically expire on July 27, 2006 unless a building permit is issued before that time. 5. Development shall conform to the Public Facility (PF) zoning requirements except as otherwise approved. MITIGATION MEASURES: 6. Prior to connecting to City water and sewer systems. the applicant shall secure any and all necessary permits/easements from the U.S. Army Corps of Engineers. California Department of Fish & Game and the County of San Luis Obispo that are required to extend utility connections across Los Berros Creek. 7. Connection to the City water system shall be completed prior to issuing a final certificate of occupancy (a temporary certificate of occupancy may be issued). and the connection must be made within two (2) years from the date a building permit is issued for the project. If the applicant is unable to secure the necessary permits and make the connection within this period, the Planning Commission and City Council will review the progress of the connection and determine if an extension of this period is warranted based on the applicant's good faith efforts. 8. All construction equipment shall be provided with well-maintained, functional -..--- ----_...._~ RESOLUTION NO. 3768 PAGE 5 of 12 mufflers to limit noise. 9. All construction activities shall be limited to the hours of 8:00 am to 6:00 pm Monday through Saturday. No construction shall occur on Sunday. ARCHITECTURAL REVIEW COMMITTEE: 10. The applicant shall consult with the Director of Parks, Recreation & Facilities to determine the viability of transplanting the two redwood trees shown as '0 be removed" on the plans marked Exhibit "B". PARKS, RECRFATION AND FACILITIES DEPARTMENT GENERAL CONDITIONS: 11. Any trees that are removed or do not survive transplanting for a three (3) year period shall' be replaced at a 1: 1 ratio with a minimum 15-gallon variety. 12. All trees contained in planters shall include deep root barriers. BUILDING AND FIRE DEPARTMENT GENERAL CONDITIONS: 13. 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. 14. The project shall provide complete compliance with State and Federal disabled access requirements. 15. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 16. The project shall have a fire flow of 1,500 gallons Per minute for a duration of three (3) hours once connection to City water is established. 17. Prior to occupancy, fire hydrants shall be installed, per Fire Department and Public Works Department standards, including on-site hydrants per approval of the Fire Chief. 18. Prior to occupancy, the applicant must provide an approved "security key vault", per Building and Fire Department guidelines. 19. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. - ..-------- ...- ---------- RESOLUTION NO. 3768 PAGE 6 of 12 20. Prior to issuance of a final certificate of occupancy, the applicant shall show proof of property abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions, unleSs waived by the City Council. OTHER APPROVALS: 21. Project must comply with 10~1 and Federal flood management policies. 22. Any review costs generated by outside consultants shall be bome by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT: 23. Water meter, service main, distribution and availability fees, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 24. Water neutralization 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. 25. 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., Resolution 3021. 26. 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., Resolution 1955. 27. Sewer hook-up and facility permit fees, to be based on codes and rates in. effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. 28. Building permit fees, to be based on codes and rates in effect at the time of building permit issuance. 29. 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. 30. Fire protection fee, to be based on codes and rates in effect at the time of building permit issuance. 31. Police facilities fee, to be based on codes and rates in effect at the time of building permit issuance. SPECIAL CONDITION: 32. The applicant shall provide proof to show that the existing septic system will serve the total building (after expansion) if the project is not connected to City sewer. RESOLUTION NO. 3768 PAGE 7 of 12 PU8L1C WORKS DEPARTMENT IMPROVEMENT PLANS: 33. All improvement plans are subject to the review and approval of the Director of Public Works. 34. All . revisions to the approved plans shall be reviewed and approved by the Director of Public Works. 35. A registered civil engineer in the State of California shall prepare all improvement plans. 36. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 37. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 38. Submit as-built plans at. the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 39. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: . Grading, drainage and erosion control, . Street paving, curb, gutter and sidewalk, . Public utilities, . Water and sewer, . Landscaping and irrigation, . Any other improvements as required by the Director of Public Works. 40. The site plan shall include the following: . The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. . The location, quantity and size of all existing and proposed sewer laterals. . The location, size and orientation of all trash enclosures. . All existing and proposed parcel lines and easements crossing the property. . The location and dimension of all existing and proposed paved areas. . The location of all existing and proposed public or private utilities. 41. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 42. Landscape and irrigation plans are required within the public right of way, and _. RESOLUTION NO. 3768 PAGE 8 of 12 shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER: 43. The minimum water main size is 8". The applicant's engineer shall determine the size of main necessary to supply the proper fire flows. 44. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 45. 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, . The applicant may pay an in lieu fee of $2,200 for each new residential unit. 46. The on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 15 feet wide easement. 47. All domestic water services will require a backflow prevention device per City Standard 511-AG. 48. All fire sprinkler connections will require a double detector check valve with FDC per City Standard 731-AG. 49. If the well is abandoned for any reason, the applicant shall transfer those water rights to the City. The City shall also be entitled to use and/or obtain credit for the difference between the historical agricultural water use on the property and domestic/irrigation water use on the property. 50. If the well is abandoned for any reason, the applicant shall submit the appropriate destruction documentation from the County Health Department for the destruction of the well. SEWER: 51. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. --------- RESOLUTION NO. 3768 PAGE 9 of 12 52. The applicant may retain use of the private septic system until such time that a connection to -City sewer service is made. PUBLIC UTILITIES: 53. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 54. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director. of Public Works for approval. 55. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS: 56. The applicant shall be responsible for ensuring striping and signage on Los Berros Road at the intersection of Los Berros Road and Valley Road meets City standards. 57. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 58. All street repairs shall be constructed to City standards. CURB, GUTTER, AND SIDEWALK: 59. Install new concrete curb and gutter along the property frontage with Los Berros Road to control storm water runoff from the road, or provide storm drainage easements to the satisfaction of the Public Works Director. GRADING: 60. Perform all grading in conformance with the City Grading Ordinance. 61. Submit a preliminary soils report 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. 62. Obtain a stockpile permit for any material stockpiled on the site. DRAINAGE: 63. The applicant shall construct a storm water catch basin with fossil filter to collect storm water runoff from Los Berros Road and discharge to the creek. RESOLUTION NO. 3768 PAGE 10 of 12 64. All drainage facilities shall be designed to accommodate a 100-year storm flow. 65. All on-site drainage facilities shall filter storm water runoff prior to discharging to the creek. 66. All drainage facilities shall be in accordance with the Drainage Master Plan. 67. The project is in Drainage Zone "B" and will require storm water run off directed to the creeks. 68. The applicant shall submit an engineering study regarding flooding related to the project site as directed by the Director of Public Works. Any portions of the site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document. and shall be noted as a building restriction. DEDICATIONS AND EASEMENTS: 69. All easements, abandonments, or similar documents to be recorded as a document separate from a map. shall be prepared by the applicant on 8 1/2 x 11 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. 70. Easements shall be dedicated to the public on a separate document approved by the City. for the following: . Water easements for the water main extended to the site. The easements shall be a minimum of 15 feet wide. 71. Private easements shall be reserved on a document approved by the City, for the following: . Sewer easements for the private force main. The easements shall be a minimum of 10 feet wide. 72. The determination of ownership of Los Berros Road and Los Berros Creek shall be made prior to installation of water and sewer improvements. The applicant is responsible for obtaining any necessary easements over the properties. 73. All legal documents shall be prepared by a licensed land surveyor in the State of California. PERMITS: 74. Obtain an encroachment permit prior to performing any of the following: . Performing work in the City right of way, ~ ---- --",-- -. I . - RESOLUTION NO. 3768 PAGE 11 of 12 . Staging work in the City right of way, . Stockpiling material in the City right of way, . Storing equipment in the City right of way. 75. Obtain a grading permit prior to commencement of any grading operations on site. FEeS: 76. Pay all required City fees at the time they are due. 77. Fees to be paid prior to plan approval: . Plan check for grading plans based on an approved earthwork estimate. . Plan check for improvement plans based on an approved construction cost estimate. . Permit Fee for grading plans based on an approved earthwork estimate. . Inspection fee of public works construction plans based on an approved construction cost estimate. AGREEMENTS: 78. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 79. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. BONDS: 80. The applicant shall submit bonds for the connection to City water and sewer if a building permit is issued prior to connection. This amount shall include the destruction of the water well and septic system. 81. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 82. Provide bonds or other financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: . Faithful Performance: 100% of the approved estimated cost of all subdivision Improvements, . Labor and Materials: 50% of the approved estimated cost of aU subdivision Improvements, . One Year Guarantee: 10% of the approved estimated cost of aU subdivision Improvements. This bond is required prior to acceptance , RESOLUTION NO. 3768 PAGE 12 of 12 of the subdivision improvements. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 83. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. PLANNING COMMISSION: 86. The Planning Commission shall review the adequacy of the parking improvements two years from the date of this project approval. LETTER OF CREDIT: 87. Prior to issuance of building permits, the applicant shall submit a letter of credit for 125% of the estimated cost of water and sewer utility connections. ; I I -- RESOLUTION NO. 3768 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. 3768 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 27th day of July, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 2nd day of August, 2004. RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK - I - -~-----