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R 3974 RESOLUTION NO. 3974 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S APPROVAL, THEREBY APPROVING CONDITIONAL USE PERMIT 06,.002, APPLIED FOR BY LUCIA MAR UNIFIED SCHOOL DISTRICT, BUT CHANGING CONDITIONS OF APPROVAL CONSISTENT WITH STAFF RECOMMENDATIONS REGARDING THE MODIFIED PROJECT AND WAIVING ASSOCIATED IMPACT FEES I I WHEREAS, the PlanningiCommission of the City of Arroyo Grande adopted a Resolution approving the application for Conditional Use Permit 06-006 at a hearing on October 3, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and , WHEREAS, the applicant filed an appeal of the Planning Commission's decision related to conditions of approval the application for Conditional Use Permit 06-006 on October 13,2006; and WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a public hearing on November 28, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City CoJncil finds, after due study and deliberation, that the following circumstances exist: . i FINDINGS FOR APPRO\(AL Conditional Use Permit findings: 1. The proposed use is permitted within the Public Facility district pursuant to the provision of the Development Code section 16.44.040, 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 since similar buildings and uses such as the Bus Barn are located in,the area. 3. The site is suitable for the type and intensity of use or development that is proposed since the property is located on School District property and is approximately seven acres in area. 4. There are adequate provisions for water, sanitation, public utilities and services provided to ensure the public health and safety due to existing and project improved infrastructure. 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. The proposed use is in line with the Development Code and current uses on the site. n,";,'.'f'"J<\. ~-::;;l~'.:..:..;t\l1!':':~s.~J"!.!:.......o.___ RESOLUTION NO. 3974 PAGE 2 ' , NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby and approves Conditional Use Permit Case No. 06-006 with the above findings and subject to: the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On a motion by Council~ Member Costello, seconded by Council Member Dickens, and by the following roll call vot~ to wit: AYES: NOES: ABSENT: Council Members Costello, Dickens, Guthrie, and Mayor Ferrara None i Council Member Arnold I i the foregoing Resolution was adopted this 28th day of November 2006. RESOLUTION NO. 3171 PAGE 3 '- ~,,/ TONY FE AYOR ATTEST: ~ {AdJ~N- KELLY W MO,. CITY CLERK , APPROVED AS TO CONTENT: ~/7--- --";:" . ~ ';:'~-' STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3974 PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 06-006 ,LUCIA MAR UNIFIED SCHOOL DISTRICT STANLEY AVENUE AND BRANCH STREET COMMI INITY DEVELOPMENT DEPARTMENT GFNFRAI CONDITIONS This approval authorizes the construction of a maintenance and operational facility consisting of a 36' x !200' building. The site will also include paving of the existing unimproved road and provision of public and employee parking. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements a~ are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional use Permit Case No! 06-006. 3. i This application, shall automatically expire two years after Planning Commission approval unlessa 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. I 4. Development snail occur in substantial conformance with the plans presented to , the Planning Commission at the meeting of October 3, 2006. 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. ARCHITECTURAL REVIEW , 6. A licensed landscape architect shall develop a landscape plan for review by the Architectural Review Committee and subsequent approval by the Director of Parks, Recreation and Facilities and the Community Development Director based upon input given at the ARC meeting related to screening of the chain-link fence and the maintenance building. I RESOLUTION NO. 397.4 PAGE 5 BUILDING & FIRE DEPARTMENT STANDARD CONDITIONS BUILDING CODFS 7. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISAFlI FO ACCFSS 8. Provide complete compliance with State and Federal disabled access requirements. FIRF I ANFS 9. All fire lanes must be posted and enforced, per Police Department and Fire Department guide'lines. FIRF Fl OW/FIRF HYORANTS 10. Project shall have;a fire flow based on the California Fire Code appendix III-A. 11. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SFCIJRITY KFY FlOX 12. Prior to Occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. , FIRE SPRINKI FRS 13. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 14. Provide Fire Dep<;lrtment approved access or sprinkler system per National Fire Protection Association Standards. AFlANOONMENT/NON-CONFORMING 15. Prior to map recprdation, issuance of a grading permit or building permit, whichever occur::; first, applicant shall show proof of properly abandoning all non-conforming it~ms such as septic tanks, wells, underground piping and other undesirable conditions. I RESOLUTION NO. 3974 PAGE 6 OFMOLlTION PFRMIT 16. Prior to issuance of a building permit, a demolition permit must be applied for, , approved and issued. Development fees resulting from demolition will be appropriately cr~dited to the property. OTHFR APPROVAl S' 17. Any review cost~ generated by outside consultants, shall be paid by the applicant. PUBLIC WORKS nFPARTMFNT CONnlTIONS All Public Works Department conditions of approval as listed below are to be complied with prior to issuance of a Certificate of Occupancy, unless specifically noted otherwise. , SPFCIAI CONOITIONS , 18. Improvements tq Stanley Avenue shall be as follows . Minimum 24 foot pavement width from intersection of Branch Street and Stanley to dead end. i . TI of 6.5 and anH-value test, but not to be less than 3" of asphalt over 6" of Class II base. ~ . Decomposed gr~mite pedestrian path from Branch Street intersection to dead end, one side only. . Speed table with cross walk adjacent to Transportation Yard/basketball courts. . District will not r~quest City to maintain improvements to Stanley.Avenue. 19. Upgrade the existing fire hydrant to City standards.. , 20. In~tall a backflow prevention device on the water service. 21. Install a commerCial fire sprinkler system per City standards. ! , 22. Upgrade the existing drainage structure and discharge pipe at the end of Stanley Avenue by: . Installing a filter system consisting of a biofiltration swale, fossil filter, or similar improvement; . Constructing ifTlprovements necessary to correct any existing or future conditions causing erosion to the creek bank; and . Proposed drainage improvements require approval of the Director of Public Works, as well C!S all applicable regional, State and Federal regulatory agencies. RESOLUTION NO. 3974 PAGE 7 GENFRAI CONDITIONS ! 23. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by th'e Director of Community Development or the Director of Public Works. , 24. Perform construqtion activities during normal business hours (Monday through Friday, 7 A.M. to' 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. T?e City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVFMFNT PI ANS ! 25. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. , 26. Submit four (4) full-size paper copies and one (1) full-size Mylar copy of approved improvement plans for inspection purposes during construction. 27. 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 ~utoCAD format shall be required. ! 28. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, dr~inage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utiliti!'ls, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 29. The site plan shall!include the following: a. The locatio,:! and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The locatio~ of all existing and proposed public or private utilities. 30. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. I , i RESOLUTION NO. 3974 PAGE 8 W ATE R 31. Construction -water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 32. Existing water s,ervices to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 33. The applicant ~hall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implemeflt 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, b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. SEWFR 34. Each parcel shall be provided a separate sewer lateral. 35. All sewer laterals within the public right of way must have a minimum slope of 2%. ;, 36. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency 'standards. 37. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per t~e requirements of the Director of Public Works. 38. Obtain approval from the South County Sanitation District for the development's' impact to District facilities prior to issuance of a building permit. PlJRllC lJTlIlTIES 39 Underground ali:new public utilities in accordance with Section 16.68.050 of the Development C~de. 40. Underground improvements shall be installed prior to street paving. 41. 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. 42. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RESOLUTION NO. 3974 PAGE 9 STRFETS 43. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 44. All street repairs shall be constructed to City standards. 45. Overlay, slurry seal, or fog seal any roads dedicated to the City as directed by the Director of Public Works prior to acceptance by the City. ClIRR Gl JTTFR ANO SIOFWAI K 46. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. , GRAOING I 47. Perform all grading in conformance with the City Grading Ordinance. 48. 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. 49. Submit all retaining wall calculations for review and approval by the Director of Public Works for 0alls not constructed per City standards. 50. Submit an erosion: control plan for review and approval. DRAINAGF 51. All drainage facilities shall be designed to accommodate a 100-year storm flow and shall be instaUed prior to issuance of Certificate of Occupancy. i , 52. All drainage faciliti~s shall be in accordance with the Drainage Master Plan. DFDICATIONS ANO FASFMFNTS 53. All easements, abandonments, or similar documents to be recorded as a , document 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. RESOLUTION NO. 3974 PAGE 10 PERMITS 54. Obtain an encroachment permit prior to performing any of the following: a. Performirlg work in the City right of way, b. Staging work in.the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. , , , 55. Obtain a grading permit prior to commencement of any grading operations on site. FFFS 56. The City will waive impact fees but the applicant shall pay all applicable City inspection and permit fees. 57. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. AGRFFMFNTS 58. Inspection Agre~ment: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. I PRIOR TO ISSUING A BUILDING PFRMIT 59. The Public Works improvements plans shall be approved. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 60. All utilities shall be operational. PLANNING COMMISSION 61. The Bus Barn ~nvironmental hazard plan shall be utilized to address concerns regarding storag~ of materials as well as mitigation for storm water pollutant runoff; this plan shall be submitted to the Community Development Department for their review; if the Community Development Department has any questions, the plan shall come back ~o the Planning Commission for further review. 62. Stanley Avenue improvements shall be made to the end of the street and traffic calming measure:s should be initiated. 63. It shall comply with all creek setback codes. RESOLUTION NO. 3974 PAGE 11 64. The project shall return to the Architectural Review Committee for final color selection. 65. Drainage shall comply with condition of approval # 22. 66. Street and parking lot trees and an irrigation plan (shall include sponge areas around the trees): Shall be required to the satisfaction of the Architectural Review Committee. : OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 3974 :is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the ,28th day of November 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of November 2006. ' f/'uL ORE, CITY CLERK , ,