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R 3792 RESOLUTION NO. 3792 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 04-003, LOCATED AT 1570 WEST BRANCH STREET, APPLIED FOR BY THE PARABLE GROUP WHEREAS, the City Council of the City of Arroyo Grande approved Conditional Use Permit (CUP) Case No. 02-003 February 25, 2003 to construct a 6,000 square foot commercial-retail building for a bookstore and small coffee shop; and WHEREAS, the City Council of the City of Arroyo Grande has considered an application for Amended Conditional Use Permit (ACUP) No. 04-003, filed by the Parable Group, to change the exterior building materials for the commercial-retail building originally approved under Conditional Use Permit (CUP) No. 02-003; 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) and has determined that the Mitigated Negative Declaration previously adopted for CUP 02-009 is adequate for the proposed amendments and therefore no additional environmental review is necessary; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist FINDINGS FOR APPRnV41 : Conditional Use Penn It Findings: 1. The proposed use is permitted within the Oak Park Acres Planned Development (PC 1.1) 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. 3792 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Amended Conditional Use Permit Case No. 04-003, with the above findings and subject to the conditions as set forth in Exhibit wAw, attached hereto and incorporated herein by this reference. On motion by Council Member Dickens, seconded by Council Member Runels, and by the following roll call vote, to wit: AYES: Council Members Dickens, Runels, Costello and Mayor Ferrara NOES: None ABSENT: Council Member Lubin the foregoing Resolution was adopted this 9th day of November 2004. ---~- RESOLUTION NO. 3792 PAGE 3 ~~. '- .,hlll.' ___ TONY M. , MAYOR ATTEST: . "..4-" ... // . ( ;' .!:,." . . ?-/.r ,\'i ('/ /. ,'. {/ i' \.../,,:,;/ . / ,:' ! \._~~ ,-\,"'.._j'? I ,.\._..\..-,~ ~ \.' C."-",, .- ---" , , KELLY WETMqRE, DIRECTOR OF ADMINISTRATIVE SERVICESI " DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~TYMANAGER APPROVED AS TO FORM: / TIM /L 'EL, CITY ATTORNEY RESOLUTION NO. 3792 PAGE 4 exHIBIT "An CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT CASE NO. 04.Q03 The Parable Group 1570 West Branch Street COMMUNITY OI;VI;LOPMF;NT OI;PARTMI;NT GENERAL CONDITIONS This approval authorizes the change of exterior building materials of previously approved 6,000 square foot commercial-retail building under Conditional Use Permit (CUP) No. 02-009. 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 Amended Conditional Use Permit Case No. 04-003. 3. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of November 9, 2004 and marKed Exhibits "81- 83". 4. The applicant shall comply with all conditions of approval for Conditional Use Pennit Case No. 02-009 (Exhibit flC") unless otherwise" amended by these conditions of approval. If there are any conflicts between this resolution for ACUP 04-003 "and CUP 02-009, the conditions for ACUP 04-003 shall prevail. 5. This application shall automatically expire on November 9, 2006 unless a building permit is issued. This new expiration date supercecles the expiration date for Conditional Use Permit 02-009. 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. 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 attorneys 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 hislher obligations under this condition. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Administrative Sign Program Case No. 04-002. ---'-~-~' --~-~ --- RESOLUTION NO. 3792 PAGE 5 SPECIAL CONDITION: 8. The self-serve coffee area shall be limited to 225 square feet of coffee preparation and storage and 700 square feet of public coffee service space. ARCHITI;CTURAI RI;VII;W COMMITTI;I; 9. The final landscape plan shall be reviewed by the Architectural Review Committee (ARC) prior to issuance of building permit. The ARC shall make a recommendation to the Community Development Director regarding adequacy of the landscape plan. ~I . .....-....... ...... .--........--------- RESOLUTION NO. 3792 PAGE 6 ExHIBIT "C" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 02..Q09 James Wood 1570 West Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS 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 Pennit Case No. 02-009. 3. This application shall automatically expire on February 25, 2005 unless a building pennit 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 -D1 - 04-. 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or fonner 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 10. Development shall confonn to the Highway Service (H-S) zoning requirements of the Oak Parks Planned Development zoning requirements except as otherwise approved. 11. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Administrative Sign Program Case No. 02-001. ___n_._ -.-- RESOLUTION NO. 3792 PAGE 7 12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. 13. All par1dng spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. NOISE 14. 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. 15. 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 16. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. WATER 17. 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 oonserving designs and fixtures shall be installed prior to final occupancy. SOLID WASTE 18. 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). 19. 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: 20. The Community Development Director shall approve plans for the trash enclosure. 21. 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. 3792 PAGE 8 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: 22. Development shall comply with Development Code Sections 16.48.070, "Fences, WaDs and Hedges.; 16.48.090, "lighting.; 16.48.120, "Performance Standards.; and 16.48.130 "Screening Requirements". 23. The developer shall paint a test patch on the building including all colors. The remainder of the buDding may not be painted until inspected by the Community Development Department or BuDding and Fire Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 24. All electrical panel boxes shall be installed inside the building. ARCHITECTURAl REVIEW COMMITTEE 25. 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. PARKS AND RECRI=ATION DEPARTMENT CONDITIONS 26. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 27. Linear root barriers shall be used at the front of the project to protect the sidewalks. 28. All street front trees shall be 24-inch box. RESOLUTION NO. 3792 PAGE 9 POLICE DEPARTMENT PRIOR TO ISSUING A BUilDING PERMIT: 29. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 30. The applicant shall install a burglar alann system per Police Department guidelines, and pay the Police Department alann pennit application fee. 31. The applicant shall post designated fire lanes, per Section 22500.1 of the Califomia Vehicle Code. 32. The applicant shall post handicapped parking, per Police Department requirements. BUlL DING AND FIRE DEPARTMENT 33. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Unifonn Building and Fire Codes as adopted by the City of Arroyo Grande. 34. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 35. The project shall provide a 35-foot inside tuming radius for all fire lanes. 36. The project shall have a fire flow of 1,500 gallons per minute for two hours. PRIOR TO ISSUING A BUilDING PERMIT: 37. The applicant shall show proof of property abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 38. The applicant shall obtain County Health Department approval for any proposed food service. PRIOR TO OCCUPANCY: 39. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 40. The buildings must be fully sprinklered per Building and Fire guidelines. 41. 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. 3792 PAGE 10 PUBLIC WORKS [)EPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 42. Site MaintenanCA - 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. 43. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 44. Improvement Plans - A grading, drainage and erosion control plan shall be prepared by a registered Civil Engineer and approved by the Public Works Department. 45. Grading - All grading shall be done in accordance with the City Grading Ordinance. 46. Partcil1Q lot striping - The parking lot spaces shall be delineated with double striping. 47. Streat repairs - 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. 48. f8BS. - 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. - -...-...--...-- -~- --_._-- ._.,-~_._-- ----~-- RESOLUTION NO. 3792 PAGE 11 (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 exadions to be imposed on a development projed. (C) Any party who files a protest pursuant to subdivision (A) may file an adion 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. (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. UTILITIES 49. Any existing water and sewer services shall be abandoned per the requirements of the Director of Public Works. 50. All sewer mains or laterals crossing or parallel to public water facilities shall be construded in accordance with California State Health Agency standards. 51. All new public utilities shall be installed as underground facilities. 52. 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. 53. 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. 3792 PAGE 12 PRIOR TO ISSUING A BUILDING PERMIT: 54. 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. 55. 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 sha1l be obtained. PRIOR TO A CERTIFICATE OF OCCUPANCY: 56. All project improvements shall be constNcted 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. 57. All public utilities shall be operational. 58. 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. MITIGA TION MI=A~lJRI;S 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. Monitoring: Review of individual water program or paYment of the in lieu fee RESOLUTION NO. 3792 PAGE 13 Responsible Dept: Public Works Department Tlmeframe: Prior to issuance of building pennit 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 Tlmeframe: Prior to issuance of building pennit 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 Tlmeframe: Prior to issuance of building pennit 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. Pennanent 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-gen'ninating 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 eve Section 23114. 9. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the. site. RESOLUTION NO. 3792 PAGE 14 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 pennit 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 Impad fee. The applicant may be reimbursed for those costs to. the extent that signalization impad 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 1'2. The applicant shall pay the City's TraffIC and Signalization Impact fees prior to issuance of building pennit. Monitoring: The applicant shall pay the fees Responsible Dept: Public Works Department Tlmeframe: Prior to issuance of building pennit 13. All construction equipment shall be provided with well-maintained. functional mufflers to limit noise. 14. All construction adivities 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. For MItigation Measures No. 13 -15: Monitoring: Notes shall be placed on the construction plans referencing the above measures. RESOLUTION NO. 3792 PAGE 15 Responsible Dept: Public Works Department Tlmeframe: 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 detennined. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contaded immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Ad if archaeological resources are found on the site." 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I I , t Iii i i I \ \ ~\~~ \ \ \ ~I ~I~I\ \\ i\H\i\ \,1\ i\\ \ \ I I~ . ---~ ----------.. ---- . -.--.------' RESOLUTION NO. 3792 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3792 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 9th day of November, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of November, 2004. ORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK -- --------.. -~-~-