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R 3981 RESOLUTION NO. 3981 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT 06-005 AND APPROVING CONDITIONAL USE PERMIT 06-005 AS MODIFIED; LOCATED AT 231 SOUTH HALCYON ROAD; APPLIED FOR BY JEFF HOLLISTER WHEREAS, the applicant has filed Conditional Use Permit 06-0(}5 to demolish two (2) single-family residences and construct a mixed-use building with 3,720 square-feet of office space on the ground-floor and one (1) second-floor apartment; and WHEREAS, the Planning Commission of the City of Arroyo Grande adopted Resolution 06-2016 approving Conditional Use Permit 06-005 on October 3,2006; and WHEREAS, the applicant has appealed the Planning Commission's decision. specifically Condition of Approval #15, regarding the City's Pavement Cut Policy; 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 Council finds, after due study, deliberation and public hearing, that the following circumstances exist: Basis of Appeal The City's Pavement Cut Policy allows a certain amount of discretion to be exercised when determining when restrictions can be lifted and also what repairs constitute restoring a street to it's pre-cut condition. There is an existing water meter along Dodson Way that must be properly abandoned with approval of the project, requiring a cut into Dodson Way. This abandonment may be deferred until such time (3 years) that the current restriction prohibiting cuts in Dodson way expires, after which only patching and no repaving would be required as a result of the cut. Given the option of either cutting into the street and repaving the street from lip of gutter to centerline of street along the project frontage concurrent with construction of the project or postponing any street cuts an additional three years and not repaving any portion of the street, the Council finds that, due to the specific circumstances applying to this project, the former option would satisfactorily restore the street to it's pre-cut condition, and is therefore more consistent with the City's Pavement Cut Policy than the latter. Conditional Use Permit Findings 1. The proposed use is permitted within' the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city. . RESOLUTION NO. 3981 PAGE 2 The primary purpose of the Office Mixed Use (OMU) zoning district is to 'provide areas for the establishment of corporate, administrative, and medical offices and facilities, commercial seNices that are required to support major business medical development, and multi-family housing.' The proposed use consists of office area as well as an apartment and is therefore consistent with the stated purpose of the OMU zoning district. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use is consistent with other uses in the OMU zoning district, which is comprised primarily of professional office uses, and therefore would not impair the integrity or character of the OMU zoning district. 3. The site is suitable for the type and intensity of use or development that is proposed. The proposed use consists of office and residential, both of which are suitable for the site, which is adjacent to similar office and residential uses. The site is also suitable for the proposed intensity of use, due to its location within a professional office corridor and proximity to complimentary services. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The project will connect to existing utilities and will not affect 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. There is nothing unusual about the proposed use that will 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 upholds the appeal and approves Conditional Use Permit 06-005 as modified, based on the above findings. On motion by Council Member Costello, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Costello, Guthrie, Fellows, and Mayor Ferrara None None Council Member Arnold the foregoing Resolution was adopted this 12'h day of December, 2006. RESOLUTION NO. 3ge/ PAGE 3 TONY FERRA AY R ATTEST: APPROVED AS TO CONTENT: ~-. . ...... 'STEVE6.5AMS;{}ITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 06-005 231 SOUTH HALCYON ROAD This approval authorizes the demolition of two (2) single-family residences and construction of a mixed-use building with 3,720 square-feet of office space on the ground- floor and one (1) second-floor apartment at 231 South Halcyon Road. COMMUNITY DFVFI OPMFNT DEPARTMENT GENFRAI CONDITIONS 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 06-005. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of October 3, 2006 and marked Exhibit "8". 4. 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. 5. Development shall conform to the Office Mixed-Use (OMU) zoning requirements except as otherwise approved. PUBLIC WORKS DFPARTMFNT SPFCIAI CONDITIONS 6. The applicant shall pay the project's proportionate share for the following wastewater capital improvement projects for the net increase in project wastewater flows: . Alder Street Upgrade, . Woodland Drive Upgrade, and RESOLUTION NO. 3981 PAGE 5 7. The project shall video the existing sewer lateral to determine its condition. The lateral shall be repaired or replaced as directed by the Director of Public Works. 8. The project shall remove and replace any damaged or broken curb, gutter and sidewalk within the project frontages. 9. The project shall remove the existing driveway approach on South Halcyon Road and replace it with curb, gutter and sidewalk. 10. Any damage to the cross gutter across Dodson Way caused by construction of the project shall require removal and replacement of the cross gutter. 11. The project shall install curb, gutter and sidewalk in the Dodson Way frontage at grades and alignments to provide a 40' wide road. 12. The project shall pay its proportionate share for replacement of the Halcyon water line, based on project frontage. 13. The project shall pay the City's underground utility in-lieu fee for the Dodson Way frontage. 14. The increased stormwater runoff caused by the project shall be either: . Retained on-site; or . Piped to the drop inlet on South Halcyon Road adjacent to the hospital 15. If new utilities connect to Dodson way, the project shall overlay Dodson Way with 2" of y," Type 'B' asphalt to the limits necessary to ensure a minimum of 2% and a maximum of 5% cross slope from lip of gutter to centerlin'e of the road within the project frontage. 16. If new utilities connect to South Halcyon Road, the project shall overlay South Halcyon Road with 1 Yz" of W' Type 'B' asphalt to the limits necessary to ensure a minimum of 2% and a maximum of 5% cross slope from lip of gutter to centerline of the road within the project frontage. 17. The project shall dedicate a 6' Public Utility Easement adjacent to all public right of ways. If a setback of less than 6' is approved, the easement shall be the full width of the setback. 18. The project shall dedicate a 10' Street Tree Easement adjacent to all public right of ways. If a setback of less than 10' is approved, the easement shall be the full width of the setback. GFNFRAI CONDITIONS 19. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. RESOLUTION NO. 3981 PAGE 6 20. Perform construction activities during normal business hours (Monday through Friday, 7 AM to 5 PM) 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. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work performed outside of these hours. IMPROVFMFNT PI ANS 21. All project improvements shall be designed by a registered civil engineer in the State of California and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 22. Submit four (4) full-size paper copies, one (1) full-size Mylar copy and one (1) electronic copy on CD in AutoCAD format of approved improvement plans for inspection purposes during construction. 23. 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 copy on CD in AutoCAD format shall be required. 24. The following improvement plans shall be prepared by a registered civil engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Any other improvements as required by the Director of Public Works. 25. The site plan shall include the following: a. The location 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 location of all existing and proposed public or private'utilities. 26. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 27. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Facilities 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. RESOLUTION NO. 3981 PAGE 7 WATFR 28. Construction water is available at the corporate yard. The ~ity of Arroyo Grande does not allow the use of hydrant meters. 29. Existing water services to be abandoned shall be property abandoned and capped at the main per the requirements of the Director of Public Works. 30. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either of the following: a. 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 b. The applicant may pay an in-lieu fee of $2,200 for each new residential unit (or equivalent). SFWFR 31. Each parcel shall be provided a separate sewer lateral. 32. All sewer laterals within the public right of way must have a minimum slope of 2%. 33. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 34. Existing sewer laterals to be abandoned shall be property abandoned and capped at the main per the requirements of the Director of Public Works. 35. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to issuance of building permit. PUBliC lJTIllTIFS 36. Submit all improvement plans to he public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. All utility companies shall sign the improvement plans prior to final submittal. 37. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STRFFTS 38. All street repairs shall be constructed in accordance with the City Street Cut Policy. 39. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. RESOLUTION NO. 3981 PAGE 8 40. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 41. Overlay, slurry seal or fog seal any roads dedicated to the City prior to acceptance by the City, as directed by the Director of Public Works. ClJRA GIJTTFR AND SlnFWAI K 42. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 43. Install tree wells with deep root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 44. Perform all grading in conformance with the City Grading Ordinance. 45. 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. 46. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed to City standards. DRAINAGF 47. All drainage facilities shall be designed to accommodate a 100-year storm flow. 48. The applicant shall provide detailed drainage calculations indicating that the 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. DFnlCATIONS ANn FASFMFNTS 49. All easements, abandonments, or similar documents to be recorded as a document shall be prepared by the applicant on 8 Y, 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. PFRMITS 50. Obtain an encroachment permit prior to performing any of the following: . Performing work in the City right of way, . Staging work in the City right of way, . Stockpiling material in the City right of way, . Storing equipment in the City right of way. 51. Obtain a grading permit prior to commencement of any grading operations on the site. RESOLUTION NO. 3981 PAGE 9 FFFS 52. Pay all required City fees at the time they are due. 53. Fees to be paid prior to plan approval: . Map check fee, Plan check fee for grading plans based on an approved earthwork estimate, Plan check fee for improvement plans based on an approved construction cost estimate Permit fee for grading plans based on an approved earthwork estimate, Inspection fee of project or public works construction plans based on an approved construction cost estimate. . . . . AGRFFMFNTS 58. 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. 59. 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. IMPROVFMFNT SFCIJRITIFS 60. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 61. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 62. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all improvements. This bond is required prior to acceptance of the improvements. PRIOR TO ISSUING A CFRTIFICATF OF OCCIJPANCY 63. All utilities shall be operational. 64. All essential project improvements shall be constructed prior to occupancy. Non-essential improvements, guaranteed by an agreement and RESOLUTION NO. 3981 PAGE 10 financial securities, may be constructed after occupancy as directed by the Director of Public Works. BUILDING ANn FIRF DFPARTMENT GENFRAI CONDITIONS 71. 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. 72. Provide complete compliance with State and Federal disabled access requirements. 73. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. 74. The project shall have a fire flow based on the California Fire Code Appendix 111- A. 75. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. 76. Prior to occupancy, the applicant must provide an approved 'security key vault'. per Building and Fire Department guidelines. 77. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. 78. Provide Fire Department approved access or sprinkler system per National Fire Protection Association Standards. 79. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 80. Prior to issuance of a building permit, a demolition permit must be issued. Development fees resulting from demolition will be appropriately credited to the property. OTHER APPROVAl S' 81. Any review costs generated by outside consultants shall be paid by the applicant. FFFS' 82. Water meter, service main, distribution and availability fee; to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 3981 PAGE 11 83. Water neutralization fee; to be based on codes and rates in effect at the time of building permit issuance. 84. Traffic impact fee; to be based on codes and rates in effect at the time of building permit issuance. 85. Traffic signalization fee; to be based on codes and rates in effect at the time of building permit issuance. 86. Sewer hook-up and facility permit fee; to be based on codes and rates in effect at the time of building permit issuance. 87. Drainage fee, to be based on codes and rates in effect at the time of building permit issuance. 88. Building permit fees; to be based on codes and rates in effect at the time of building permit issuance. 89. Strong Motion Instrumentation Program (SMIP) fee: to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 90. Park development fee; to be based on codes and rates in effect at the time of building permit issuance. 91. Park improvements fee; to be based on codes and rates .in effect at the time of building permit issuance. 92. Street trees fee; to. be based on codes and rates in effect at the time of building permit issuance. 93. Community centers fee; to be based on codes and rates in effect at the time of building permit issuance. 94. Fire protection fee; to be based on codes and rates in effect at the time of building permit issuance. ' 95. Police facilities fee; to be based on codes and rates in effect at the time of building permit issuance. PARKS RFCRFATION & FACiliTIES DEPARTMFNT GENFRAL CONDITIONS 96. Prior to issuance of building permits, a final landscape plan shall be submitted, subject to review and approval by the Director of Parks, Recreation and Facilities. RESOLUTION NO. 3981 PAGE 12 ARCHITECTURAl REVIFW COMMITTEE SPECIAl CONDITIONS 97. The project shall utilize permeable paving on the rear portion of the parking lot to minimize impact to existing trees. 98. The final landscape plan shall be subject to review and approval by the Architectural Review Committee (ARC). PLANNING COMMISSION SPECIAl CONDITIONS 99. Prior to issuance of a building permit, the applicant shall record a lot merger to consolidate the two existing lots into a single lot. 100. The aesthetic impact of the projects double detector check valve shall be minimized through use of the following measures, as allowed by the Fire Chief: . Minimize height; Screen with landscaping; and Use green paint . . 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. 3981 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 1 ih day of December 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of December 2006. ~ RE, CITY CLERK