Santa Maria City Council
September 20, 2022

FOR THE COUNCIL MEETING OF SEPTEMBER 20, 2022

COUNCIL AGENDA REPORT
TO: City Council
FROM: City Manager
Prepared by: Director of Community Development
SUBJECT: APPEAL OF A PLANNED DEVELOPMENT PERMIT AMENDMENT (A2021-0010) AND CONDITIONAL USE PERMIT (U2021-0006) FOR THE

CARING HANDS OFFICE BUILDING AND VETERINARY CLINIC
PROJECT AT 1995 SOUTH MILLER STREET
RECOMMENDATION:

That the City Council adopt a Resolution granting the appeal to delete Condition No. 4 regarding signage and uphold the Planning Commission's approval of the Planned Development Permit Amendment (A2021-0010) and Conditional Use Permit (U2021- 0006) for the Caring Hands Office Building and Veterinary Clinic project at 1995 South Miller Street.

BACKGROUND:

The applicant, Farshid Kiaei, DVM, is requesting that the City Council grant an appeal to delete Condition of Approval No. 4 requiring relocation of an existing monument sign advertising an adjacent medical business located at 355 Daniel Drive from the Planning Commission's June 15, 2022, approval of the project. The project would establish a new veterinary clinic and residential apartment in a proposed 7,000 -square -foot building on a

0.17 -acre vacant site in a PD/R-2 (Planned Development/Medium Density Residential) district.

The project site is a portion of the larger 7 -acre Celebration subdivision, a phased mixed - use development located at the northwest corner of Miller Street and Daniel Drive (Attachment A, Vicinity Map). The vacant sites at Inger Drive and Miller Street and the subject project site are the only two remaining undeveloped parcels within the Celebration development.

Planning Commission Hearing
The project was reviewed at the June 15, 2022, Planning Commission public hearing (Attachment B --June 15, 2022, staff report). Dr. Kamlesh Desai, the owner of the mixed - use building located at 355 Daniel Drive, which is directly to the west of the applicant's property, attended the hearing and spoke about his concerns regarding signage. There is currently a monument sign located on the applicant's property, Lot 54, which advertises Dr. Desai's business. The monument sign was constructed prior to the applicant's purchase of the property and was allowed to be installed in the current location by the

previous property owner. Dr. Desai supports keeping the existing monument sign and its location.

In response to Dr. Desai, the Planning Commission voted to include a Condition of Approval (No. 4) that "prior to issuance of the Certificate of Occupancy, the monument sign located on Lot 54 of the Celebration Tract shall be relocated to a location that is visible from Miller Street." An appeal requesting to delete this condition from the permit was filed on June 28, 2022, by the project applicant, Farshid Kiaei, DVM (Attachment D, Appeal).

DISCUSSION:

The appeal states that Condition of Approval No. 4 should be removed from the permit for the following reasons: 1) there is no easement to benefit 355 Daniel Drive; 2) it is a vague, ambiguous, and unenforceable condition of approval for the benefit of an adjacent property; and 3) there is no privity or contract that requires the applicant to allow the sign to be placed on the property because there is no contract with any prior owners that run with the land and binds successors.

During the Planning Commission hearing on June 15, 2022, the City Attorney advised the Planning Commission that the City does not have the authority to require the applicant to relocate a monument sign that advertises Dr. Desai's business on the applicant's property. The original Celebration Sign Program envisioned signage to be placed within the common areas. However, when the subject property (Lot 54) was created, there was no reservation or easements created for common areas or signage. By not requiring common signage areas or easements in the tentative map, the City does not have the legal basis to require the applicant to locate signage for another business on the applicant's private property or elsewhere as a condition to build the proposed project. As such, staff recommends that the appeal be granted, and the project be approved without the inclusion of Condition No. 4 regarding signage.

Alternatives
City of Santa Maria Municipal Code Section 12-35.401 establishes that "the City Council may reverse or affirm, wholly or in part, or may modify any decision, determination or requirement of the Planning Commission." The City Council may determine through a written finding of fact that the whole or part of the Planning Commission's findings approving the project and associated conditions of approval were not in error and deny the appeal. A majority vote of the whole City Council is required to grant or deny in whole or in part an appeal of a permit acted upon by the Planning Commission.

Impact to the Community
A decision to uphold the appeal to remove Condition No. 4 from the Planning Commission's approval of the project would allow the applicant to construct the mixed - use building and establish his veterinary clinic without requiring the sign to remain on the property. The proposed project would add additional offices in the City and allow for the expansion of an existing veterinary practice for use by residents. 2 Fiscal Considerations
The construction of the new office building will be required to pay impact fees that will go towards providing fire and police services and support other public facilities.

Environmental Procedures
A Mitigated Negative Declaration (MND) was prepared for the original Celebration mixed - use project (E-2005-008) with an addendum (E-2013-0040) to the MND approved for the Celebration II project. No substantial changes are proposed in the project, and no new significant impacts will be generated by the project that would require major revisions to the MND. In accordance with Section 15162 of the State CEQA Guidelines, no further environmental review is required.

CAROL ZIESENHENNE
Senior Planner
.ACeec-

CHUEN NG
Community Development Director
Attachments: A: Vicinity Map
B. Permit
C: June 15, 2022, Staff Report
D: Appeal
3 ,a

CITY OF SANTA MARIA

PLANNED DEVELOPMENT PERMIT AMENDMENT

AND CONDITIONAL USE PERMIT
PLANNING DIVISION • 110 SOUTH PINE STREET ROOM 101 • SANTA MARIA CA 93458 • 805.925.0951 X 2244 PERMIT NO. A2021 - 0010 & U2021-0006
APPROVAL DATE September 20, 2022
PROJECT NAME Caring Hands Office Building and Veterinary Clinic APPLICANT/OWNER Tom B. Martinez & Associates/Farshid Kiaei, D.V.M.

ADDRESS/LOCATION 1995 South Miller Street
DESCRIPTION Reconsideration of a Planned Development Permit (PD2013-0010) for the purpose of approving a Permit Amendment (A2021-0010) and Conditional Use Permit (U2021-0006) for Tom Martinez, agent for Farshid Kiaei, owner, to revise the exterior architecture and establish a new veterinary clinic in a proposed 7,000 -square -foot mixed -use building on a 0.17 -acre site in a PD/R-2 (Planned Development / Medium Density Residential) district.

FINDINGS
The Planning Commission hereby approves the following project in accordance with the application submitted and hereby makes the required findings in accordance with Section 12-35.105 and 12-35.203 of the Municipal Code, including the following:

A. That the applicant for the project should not be required to install a sign for the benefit of a separate and distinct property owner on the applicant's property.

B. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly adapt such use with the land and uses in the vicinity. The site for the project was previously analyzed and approved under a Planned Development Permit (PD2013-0010) and was determined to be adequate in size and topography to accommodate the project. The proposed project is a modification to the architectural style of the approved building and the building footprint and floor area is to remain as previously approved for medical office uses.

ATTACHMENT B

C. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The site for the project was previously analyzed and approved under a Planned Development Permit (PD2013-001 O) and was determined to be adequate in size and topography to accommodate the project. The proposed project is a modification to the architectural style of the approved building and the building footprint and floor area is to remain as previously approved for medical office uses.

The traffic generated by the project would be the same as or less than the previously approved medical office use.

D. That the proposed use will have no adverse effect upon abutting property. The site for the project was previously analyzed and approved under a Planned Development Permit (PD2013-0010) and was determined to be adequate in size and topography to accommodate the project. The proposed project is a modification to the architectural style of the approved building and the building footprint and floor area is to remain as previously approved for medical office uses. The veterinary clinic use is proposed entirely within the walls of the building, and noise or odors will be controlled by building construction requirements in the conditions of approval as well as the California Building Code.

E. That the establishment, maintenance and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the neighborhood or contrary to its orderly development as the project was previously analyzed and approved under a Planned Development Permit (PD2013-0010), and conditions of approval from the prior permit are incorporated in this permit by reference. The proposed project is a modification to the architectural style of the approved building and the building footprint and floor area is to remain as previously approved for medical office uses. The veterinary clinic use is proposed entirely within the walls of the building, and noise or odors will be controlled by building construction requirements in the conditions of approval as well as the California Building Code.

F. The conditions stated are necessary to protect the public health, safety and general welfare.

G. The proposed modification(s) are otherwise consistent with the General Plan, Municipal Code and applicable Specific Plans. No modifications to development standards are proposed.

H. The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed.

A2021-0010 & U2021-0006 SEPTEMBER 20, 2022

CARING HANDS OFFICE BUILDING & PET CLINIC CONDITIONAL USE PERMIT

The proposed modification(s) are essential to the design of the project and no modifications to development standards are proposed. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed.

J. The proposed modification(s) have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-35.203 of the Municipal Code. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed.

K. A Mitigated Negative Declaration (MND) was prepared for the original Celebration mixed -use project (E-2005-008) with an addendum (E-2013-0040) to the MND approved for the Celebration II project. No substantial changes are proposed in the project, and no new significant impacts will be generated by the project that would require major revisions to the MND. In accordance with Section 15162 of the State CEQA Guidelines, no further environmental review is required.

CONDITIONS OF APPROVAL
The project is approved subject to the following Conditions of Approval:

Community Development Department

1. Project Description. The permittee shall comply with the project description, plan set entitled "Farshid Comm. Bldg." consisting of 7 pages dated May 12, 2022, and Conditions of Approval of this permit, and Planned Development Permit (PD2013- 0010) Celebrations II. Any changes from the project description, Plan Set, or conditions may require a permit amendment. Contact the Planning Division prior to changing anything described on the Plan Set or in the project description. An outpatient Veterinary Clinic is proposed on the ground floor of the two-story building. A studio apartment and up to two office tenant spaces are proposed on the second floor.

2. Mitigation Measures. The permittee shall comply with mitigation measures set forth by the MND prepared for the original Celebration mixed -use project (E-2005-008).

3. PD2013-0010 Conditions. Unless otherwise stated, and until such time as a new discretionary permit supersedes PD2013-0010, all of the conditions established under Planned Development Permit PD2013-0010 shall remain in full force and effect and are included in this amendment by reference. In the event of a conflict between PD2013-0010 conditions and the special conditions of this amendment, the special conditions from this amendment shall be enforced.

Sig Si, s fer f e e.t„ st .. et tti t f tti Cit e r a
A2021-0010 & U2021-0006 SEPTEMBER 20, 2022

CARING HANDS OFFICE BUILDING & PET CLINIC CONDITIONAL USE PERMIT

5. Color and Materials. A sample of all paint colors and materials to be used on the project site shall be submitted to the Planning Division for review for consistency with Planning Commission approval prior to issuance of building permits. Paint colors shall be provided in the form of paint chips.

6. Architectural Elements. All architectural elements such as parapet walls, tower features, and architectural features shall include architectural details on all sides to provide 360 -degree architecture and eliminate the appearance of a false facade.

7. Parking Area. Parking shall be provided in accordance with the requirements of PD2013-0010. The off-street parking area and access shall be paved and double striped in accordance with City parking standards. The parking area shall be maintained and regularly resealed and restriped. Please note that a building permit is required for restriping. The striping shall be visible at all times and the parking area shall be void of potholes and depressions.

8. Animal Boarding Prohibited. The approved use is solely for the veterinary care of small animals during normal business hours. Boarding of animals is not permitted.

Emergency or medically necessary stays after hours shall be permitted on an as - needed basis.

9. Noise. Whenever possible, dogs and cats are to be kept in noise minimizing enclosures as a means to reduce noise impacts. The noise generated by this use shall not exceed the limits established by the Noise Regulations of the City of Santa Maria and State of California.

10. Odors. The applicant shall employ all reasonable measures to ensure that odors released from the operation or activity shall not exceed detectable concentrations beyond the tenant space of the proposed use.

11. Ventilation. Any ceiling or wall penetrations such as pipes, electrical boxes and lights shall be caulked or sealed to prevent airflow and reduce noise emissions.

Proper ventilation facilities shall be installed to meet applicable sections of the California Building Code. The applicant shall obtain final approval from the Building Division of such ventilation facilities prior to issuance of a temporary or final occupancy permit, whichever occurs first. Ventilation system shall operate during all business hours of the veterinary clinic. In the event an odor problem is validated by the City of Santa Maria Code Compliance Division, applicant shall agree to operate the ventilation system a greater period of time until the odor problem is remedied. The plans for the ventilation system shall be reviewed by a licensed mechanical engineer.

12. Waste Products. Waste products, feed, bedding, and litter material shall be stored in airtight containers. Biohazardous materials shall be disposed of in accordance with all applicable Public Health regulations.

13. Kennel and Animal Cleaning. Kennel and animal cleaning shall employ, at minimum, localized HEPA and charcoal odor filters.

A2021-0010 & U2021-0006 SEPTEMBER 20, 2022

CARING HANDS OFFICE BUILDING & PET CLINIC CONDITIONAL USE PERMIT

14. Deliveries. Deliveries and products from deliveries shall not be allowed outside of the walls of the building for any period to exceed four (4) hours. All delivered materials shall be brought inside the building in the most expeditious manner possible.

15. Bike Racks/Storage. Bike racks and/or storage shall be installed. The location, design and number shall be approved by the Planning Division during the building permit review process.

16. Trash Enclosure. Each trash receptacle shall be stored in an enclosure. The final development plan submitted for the building permit shall specify size and location of all trash collection areas and the enclosure shall be constructed in accordance with the approved plan. The location and design shall be approved by the Community Development Department and the Public Works Department. The trash enclosure shall meet City Standards as well as be designed in keeping with the architecture and style of the project.

Trash areas that are located adjacent to parking spaces shall be set back a minimum of ten feet to provide sight distance for automobiles backing out of the parking space.

17. Ongoing Site Maintenance. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the Santa Maria Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas on the property shall be permanently maintained with healthy, growing plant material, free from weeds.

Dead or dying plant material shall be replaced within one month of plant deterioration.

Failure to comply with this condition is a public nuisance and is subject to the adopted Citation Ordinance of the City of Santa Maria.

18. Landscape Plan. A Landscape Plan, which includes the size and species of plants, a layout of the irrigation system incorporating time clocks and/or moisture sensors, and a maintenance and watering schedule, shall be submitted to the Community Development Department for plan checking and approval. The specific planting design of the landscape area and species of trees and plants shall be subject to approval of the Planning Division during the plan check review process. The landscape plan shall be prepared in accordance with Chapter 12-44 of the Municipal Code, Landscape Standards. Backflow prevention devices shall be screened with plant material and located to maximize aesthetics.

19. Landscape and Tree Maintenance. The applicant shall develop landscape and tree maintenance standards that shall be provided to any landscape contractor hired to work on the site. The standards shall be reviewed and approved by the Planning Division prior to first occupancy. The program shall require:
a. All on -site trees be properly maintained to retain a natural shape and size for the long-term health of the tree consistent with the natural growth pattern of its particular species and current ANSI A300 standards; A2021-0010 & U2021-0006

CARING HANDS OFFICE BUILDING & PET CLINIC
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CONDITIONAL USE PERMIT

b. Any tree topped, severely pruned or severely thinned out, subject to the determination of the Planning Division, shall require a large -size replacement.
c. Ground cover and shrubbery shall be regularly maintained and pruned in a manner that encourages healthy growth and flower production. Shrubs shall not be severely sheered or formed into unnatural shapes.

20. Tree Planting. The project shall provide the trees depicted on the landscape plan.

The trees species selected shall be subject to Planning Staff review according to Planning Commission approval. Trees shall be a minimum of 15 -gallon size.

21. Landscape Irrigation Water Meter. A separate appropriately -sized irrigation meter is required for new non-residential projects with irrigated landscape areas totaling 1,000 square feet or greater, and for new residential projects with irrigated landscape areas totaling 5,000 square feet or greater. If a sub -meter is proposed for irrigation, it shall be a privately held and maintained meter, provided by the applicant, installed after the main water meter.

22. Utilities. All new public utility services, including electrical, telephone and community television antenna services, shall be placed underground in accordance with City requirements. Location of all transformer boxes and utility equipment shall be approved by the Planning Division prior to installation. All transformer boxes and utility equipment shall be underground wherever feasible. If undergrounding is not possible, the equipment should be painted to match the surroundings and placed in inconspicuous areas out of public view.

23. Mechanical Equipment. Mechanical equipment located on the roof of a building shall be completely screened. The height of the screening shall be as high, or higher, than the top of the mechanical equipment. The screening may be provided by an architecturally designed screen wall of solid material surrounding the equipment, or by the building wall parapet.

24. Performance Standards. The requirements of the City's performance standards with respect to odor, noise, smoke, vibration and discharge of liquid and solid waste shall be maintained.

25. AB 1600 Fees. AB 1600 fees apply to this project and are based on the fees in effect at the time the building permit is issued.

26. Construction Noise. Prior to issuance of a building permit, the contractor shall be required to obtain a construction noise permit from the City of Santa Maria Noise Control Officer. Construction activity for site preparation and development shall be limited to the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No construction shall occur on Sundays or State holidays (e.g., Thanksgiving, Labor Day). Construction equipment maintenance shall be limited to the same hours.

Non -noise generating construction activities such as interior painting are not subject to these restrictions.

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CARING HANDS OFFICE BUILDING & PET CLINIC CONDITIONAL USE PERMIT

27. Indemnification. The applicant shall agree to indemnify, defend (with counsel reasonably approved by the City), and hold harmless the City of Santa Maria and its officers, officials, employees, and agents from and against any and all claims, demands, actions, proceedings, lawsuits, losses, damages, judgments and/or liabilities by third parties arising out of, related to, or in connection with the project application or to attack, set aside, void, or annul, in whole or in part, an approval of the project application by the City and any related environmental approvals, development approvals or project conditions. The Applicant shall reimburse the City, its agents, officers, officials, or employees, for any court costs and attorney's fees that the City, its agents, officers, officials, 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 provision.

28. Agency Requirements. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project.

29. Construction Documents. A copy of these conditions shall be incorporated into all construction documents.

Public Works Department

ENGINEERING CONDITIONS

30. Building Plans: At time of building plan submittal, the developer shall identify the following items on the site or utility plan for the subject project:

A. Location and sizes of all proposed and existing water mains, sewer mains, water meters, water service lines, backflow prevention devices, private sewer lateral connections, and storm drainage facilities in abutting streets or on the project site.

B. Location, quantity, and orientation of trash enclosures C. All parcel lines and easements crossing the project site.

D. Locations and dimensions of all existing and proposed driveways and sidewalks
E. Location of existing and proposed fire hydrants
F. Required public improvements.

G. Limits of frontage improvements
FEES

31. Utilities Connection Fees: For all development projects already connected to the utility system, the water and wastewater fees shall be based solely on an increase in water meter size or a change in use and shall be calculated and collected prior to installation of the larger meter or making a change in use. The State Water Reimbursement Fee shall be collected concurrently with the Growth Mitigation Fee. The following fees are to be paid by the applicant and will be A2021-0010 & U2021-0006 SEPTEMBER 20, 2022

CARING HANDS OFFICE BUILDING & PET CLINIC CONDITIONAL USE PERMIT

collected at time of request for connection at the Building Division, 110 South Pine Street, Room 101.

A. Water Mitigation Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based upon the codes and rates in effect at the time of building permit issuance (Santa Maria Municipal Code (S.M.M.C.) Sections 8-15.01 through 8-15.15 and 8-15.19).

B. Wastewater Mitigation Fee: The fee is calculated based on the size of water meters (domestic) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Sections 8-

15.01 through 8-15.15 and 8-15.20).

C. State Water Reimbursement Fee: The fee is calculated based on the size of water meters (domestic, landscape, fire) serving the site. The fee shall be based on the codes and rates in effect at the time of building permit issuance (S.M.M.C. Section 8-10.05.01).

32. Traffic Mitigation Fee: The traffic mitigation fee shall be paid by the applicant at time of occupancy. The fee is based on the size and proposed use of the project.

The final fee calculation is based on the fee schedule in effect at the time of building permit issuance (S.M.M.C. Sections 8-15).

Except as provided in the Downtown Specific Plan, the City Council may consider allowing qualifying commercial and industrial development the ability to pay growth mitigation fees as outlined in the current fee schedule over a period of time. The maximum amount of time for payback shall be five (5) years. The payments shall be made yearly, and interest shall be paid. Interest calculations shall be based on the average annual interest rate for the Local Agency Investment Fund. Qualifying companies who wish to pursue this option shall sign an agreement, in a form approved by the City Attorney, and shall provide financial security guaranteeing payment.

STREET AND FRONTAGE CONDITIONS

33. Frontage Repair: The developer shall repair any cracked or broken curb, gutter, sidewalk, or alley within the project frontage and shall bring the pavement along the property frontage up to current City Standards as verified by an R -value test and pavement design approved by the City Engineer. City Streets and Facilities staff will determine the extent of the sidewalk and curb and gutter repair in the field prior to construction, Contact the Public Works Streets and Facilities Division at (805) 925-0951, ext. 2229. (S.M.M.C. Section 12-28.03)

34. New Frontage Improvements: The developer shall be required to install full frontage improvements including curb, gutter, sidewalk, streetlights, and landscaping wherever missing or required by the Public Works Department.

35. Sidewalk ADA Compliance: The developer shall remove and replace anysidewalk within the project frontage that does not meet ADA cross -slope requirements.

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36. Intersections: Sight distance requirements shall be maintained at the intersection of any street, alley, or driveway improved for vehicular traffic per S.M.M.C.

Sections 12-27.02 and 12-27.03.

37. City Encroachment Permit: The developer shall obtain an encroachment permit from the Public Works Engineering Division prior to any work in public streets, alleys, or easements (S.M.M.C. Section 8-6.06).

38. Facility Easements: Prior to issuance of building permits, the developer shall provide reciprocal access or utility and drainage easements if required by the Public Works Department for the subject project.

39. City Dedicated Easements: If any easements are required to be dedicated or vacated, the developer shall submit legal descriptions, sketches (8.5" x 11" City Standard Format), closure calculations, current title report, and payment of processing fees. All paperwork shall be approved prior to issuance of building permits and recorded prior to occupancy.

40. Chip Seal: Developer shall be required to restore asphalt pavement surface to the pre -development condition by placing chip seal compliant with City Standards along the property frontage where trenching and utility cuts are required within City right-of-way. The chip seal shall be applied for the full width of the roadway for 50' beyond all cuts within the asphalt pavement and the roadway striping shall be restored to pre -construction layout. The developer may elect to deposit an in -lieu fee to the City Public Works Department to perform the chip seal as a part of the City's annual chip seal project.

WATER CONDITIONS

41. Privately Owned On -site Water Lines: Water lines for fire suppression shall be separated from water lines used for domestic water. Fire suppression lines shall be looped on -site with appropriate fire service backflow prevention assemblies per Standard Detail WA -27F, separating privately -owned and maintained water lines from public water lines. On -site fire hydrants and fire sprinklers shall be supplied from this looped, on -site water line.

42. Fire Hydrants: The location, placement, and sizing of on -site water lines and fire hydrants shall be approved by the City Fire Department and Public Works Department. Fire hydrants shall be supplied by a 6" water line.

43. Water Pipe Abandonment: Any existing water services not to be used by this development shall be abandoned by the developer at the mainline per City requirements.

A2021-0010 & U2021-0006 SEPTEMBER 20, 2022

CARING HANDS OFFICE BUILDING & PET CLINIC CONDITIONAL USE PERMIT

44. Backflow Prevention: Reduced pressure principle (RP) type backflow prevention assemblies shall be installed on all domestic water services. The devices shall be installed near the property line before any branches by a licensed plumber according to City specifications and standard drawings. The devices shall be tested by a certified backflow prevention tester with test results submitted to the City's Regulatory Compliance Specialist prior to final occupancy.

WASTEWATER CONDITIONS

45. Acceptance of Public Infrastructure: Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all sanitary sewer infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

46. Municipal Code: Discharge into the City's sewer system shall comply with municipal code discharge restrictions and requirements (S.M.M.C. Section 8-12).

47. Sewer Pipe Abandonment: Any existing sewer services not to be utilized by this development shall be abandoned by the developer at the property line per City requirements.

48. Wastewater Discharge Permit: Prior to building permit issuance, the developer shall obtain a Wastewater Discharge Permit from the City. Contact the Utilities Department at (805) 925-0951, ext. 7270 for the permit application.

49. New Sewer Lines: All sewer pipes crossing or parallel to public water facilities shall be constructed according to the requirements of the State Water Resources Control Board Division of Drinking Water.

50. New Sewer Lateral: All sewer laterals shall be constructed in compliance with City Standard Drawing SS -14B. Sewer laterals shall be privately maintained infrastructure and connect to City infrastructure with a wye connection. Sewer laterals shall not tie in at a Public manhole.

STORM WATER CONDITIONS

51. Acceptance of Public Infrastructure: Prior to issuance of Certificate of Occupancy, the developer shall clean and verify the integrity of all storm drain infrastructure to the satisfaction of the Public Works Inspector. Inspections at installation do not waive the requirement for re -inspection prior to acceptance by the City.

52. Construction Storm Water Requirements (Site < 1 Acre): The developer shall complete and submit an Erosion and Sediment Control Plan (ESCP) provided by the Building Department along with the Grading and Drainage Standards. Approval is required before issuance of grading permit.

A2021-0010 & U2021-0006

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53. Erosion and Sediment Control Plan (ESCP) Encroachment Permit: Prior to issuance of grading permits, the developer shall be required to be approved for a City of Santa Maria Encroachment Permit to monitor and inspect the approved ESCP. This will require paying permit and inspection fees to the City.

FLOOD CONTROL CONDITIONS

54. Storm Drainage: The applicant shall provide on -site retardation facilities designed and constructed to Public Works and Community Development requirements prior to occupancy. The facilities shall be designed to accommodate the increased drainage water flow of a twenty-five (25) year storm event as a result of new development. Developer shall provide hydrologic and hydraulic study detailing assumptions, calculations, and design of the on -site retardation.

The applicant shall submit a grading plan for review and approval by Public Works and Community Development prior to issuance of building permits. Refer to the "Grading Plan Information" handout distributed by Community Development for guidance. The developer shall also submit the preliminary grading plan to the Santa Barbara County Flood Control District for review and approval prior to issuance of building permits. The developer shall obtain Flood Control District certification on all new flood control facilities prior to bond release.

POST -CONSTRUCTION STORM WATER CONDITIONS

55. Post -Construction Storm Water: The Central Coast Regional Water Quality Control Board requires that all new projects that create or replace 2,500 square feet or more of impervious area must follow the post -construction requirements (PCRs).

The Stormwater Technical Manual and further guidance on completing an SCP are available online ( http://www.sbproiectcleanwater.orq) .

A. This project appears to be subject to the Post -Construction Requirements as it is not an approved project under a previous discretionary permit. The project appears to be a Tier 1 project.

B. The developer shall demonstrate project compliance with the PCRs by submitting a Stormwater Control Plan (SCP) using the template provided in the Stormwater Technical Guide.

C. The SCP shall include a site plan, providing low -impact design details, and dimensions of drainage management areas.

D. The SCP shall include an Operation and Maintenance (O&M) plan, detailing how the site and required post -construction improvements shall be maintained into perpetuity by the owner.

E. The developer shall submit the SCP with the Building Plan submittal for final review and approval.

A2021-0010 & U2021-0006

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F. The following shall occur prior to final SCP approval:
i. The property owner shall sign a Post -Construction Stormwater Control Measures Maintenance Agreement form with the City of Santa Maria. The form will be provided by Public Works after the final review of the SCP. The agreements shall be approved, signed, and attached to the property address prior to issuing the Certificate of Occupancy.

SOLID WASTE CONDITIONS

56. Multi -family and Commercial/Industrial Solid Waste Facilities: Due to the size and nature of this development, waste collection bins are required. Solid waste pick-up for the subject site shall be provided by bin service only.

A. The developer shall submit a site plan identifying enclosure locations. All trash enclosures shall be constructed per City standard drawing MS -16B. The site plan shall be reviewed and approved by the Utilities Department Solid Waste Division, Public Works Department Engineering Division, and Community Development Department prior to issuance of building permits.

B. The developer shall submit a truck turning template route for trash service. The City solid waste collection vehicles must be able to enter and exit the site to gain access to the enclosure without backing. City waste collection vehicles have an inside turning radius of thirty-eight (38) feet and an outside turning radius of fifty-five (55) feet. Orient the enclosure to provide fork -in access when possible.

C. In such cases where enclosures are proposed to be installed abutting structures, the common wall shall be of a non-combustible masonry -type material with no openings for vents or windows.

D. Enclosures shall be reserved exclusively for bin storage. Miscellaneous boxes, racks, grease containers, etc., will not be allowed within the enclosure.

E. If the solid waste collection trucks will be traveling through a gated area to service the bin, the gates shall be equipped with a coded electronic keypad system.

F. The developer shall design any interior vehicle travel ways to withstand loads imposed by City solid waste collection vehicles.

57. Modification of Conditions. The Director of Public Works, Planning Commission, and Council reserve the right to modify these conditions if they deem it necessary to ensure compliance of the project with Chapter 8-6 of the S.M.M.C. (S.M.M.C.

Section 8-6.09).

Recreation and Parks Department

58. Tree Species. Three Chinese Pistache trees depicted on plans dated May 3rd, 2022, are acceptable.

A2021-0010 & U2021-0006

CARING HANDS OFFICE BUILDING & PET CLINIC
- 12 -
SEPTEMBER 20, 2022

CONDITIONAL USE PERMIT

59. Tree Specifications. The street trees shall be 24 -inch box in size and have a minimum caliper of 1.5 inches. The trees shall be planted six feet behind the sidewalk by a licensed landscape contractor in accordance with the plans and specifications of the Recreation and Parks Department. An irrigation system shall be provided for the trees.

60. Tree Bonding. Street tree bonding shall be for three tree plantings at $275 each totaling $825.00. Tree bonds are to cover a one-year establishment starting at issuance of the Occupancy Permit. Street tree requirements and bond amount are a maximum subject to change during building permit review. The tree bond is due at time of building permit issuance as a cash or surety bond delivered to Recreation and Parks at 615 S. McClelland St.

61. Tree Easement. A minimum ten -foot -wide tree planting easement shall be dedicated to the City to allow adequate space for planting and maintenance of street trees. The easement shall not have any impervious pavement other than vehicle and pedestrian approaches, nor be dual purposed as a storm water mitigation area. The applicant shall apply for the easement through the Public Works Department with necessary fees, a recent copy of a title report, closure calculations and sketch. The property owner is responsible for the upkeep of the trees, landscaping and irrigation within the easement area.

62. Tree Planting. Any nursery stock tree planted without inspection and approval by the Recreation and Parks Department shall be deemed defective and be removed by the person(s) responsible for the planting at their own expense. All plant material shall not be root bound or contain girdling roots. Street tree location(s) shall be approved onsite by the Special Districts Supervisor prior to installation.

63. Landscape Plans. The street tree easement shall be clearly identified on the planting and irrigation plans. Only street trees shall be planted in the easement area. All other on -site private tree planting shall be planted behind the easement area.

The following shall be noted on the landscape plan: "the final locations of street trees shall be determined on -site by the Special Districts Supervisor. Twenty-four hour notice is required for inspection prior to planting, (805) 925-0951 ext. 2346.

Installation shall be in accordance with Recreation and Parks Department specifications."

64. Development Fees. Per the Municipal Code, several Recreation and Parks Development Fees may apply to this project.
a. Commercial Growth Mitigation $0.01
Note: Fees are reviewed annually and are subject to change.

65. Landscape District. This project is included in the Southeast Landscape Maintenance District.

A2021-0010 & U2021-0006

CARING HANDS OFFICE BUILDING & PET CLINIC
- 13 -
SEPTEMBER 20, 2022

CONDITIONAL USE PERMIT

NOTES:

In accordance with Section 12-35.109 of the Municipal Code, this permit is not valid until the 15th calendar day following the issuance of the permit, providing no appeal is filed; or if an appeal is filed, this permit is not valid until the effective date of the final action on the appeal.

In accordance with Section 12-35.501 of the Municipal Code, the City may modify conditions of approval of the permit, or may revoke the permit for non-compliance with any of the conditions of approval, or if any operations under the approved permit result in detriment to the public health, safety or welfare.

This permit will not be valid until the applicant and property owner have submitted signed acknowledgment of their consent to the conditions, in accordance with Section 12-35.501 of the Santa Maria Municipal Code, to the Planning Division of the Community Development Department.

In accordance with Section 12-35.501 of the Municipal Code, this permit shall become null and void if the development authorized is, or has been, unused, abandoned, discontinued, or development has not been commenced within a period of three (3) years. However, the approval body may consider extensions of time for additional periods of up to two (2) years each, for a maximum overall permit life of seven (7) years. A written request justifying the need and the appropriate fling fee filed with the Community Development Department shall be submitted prior to the expiration date.

Failure to comply with any of the conditions stated above may be cause for revocation or modification of this permit, in addition to any other penalties provided by law.

All conditions of approval are to be completed prior to occupancy unless otherwise stated, and are to be maintained in perpetuity.

A2021-0010 & U2021-0006

CARING HANDS OFFICE BUILDING & PET CLINIC
- 14 -
SEPTEMBER 20, 2022

CONDITIONAL USE PERMIT

146

CITY OF SANTA MARIA

PLANNING COMMISSION STAFF REPORT
June 15, 2022
2 CARING HANDS OFFICE BUILDING AND VETERINARY CLINIC AT 1995 SOUTH

MILLER STREET
Reconsideration of a Planned Development Permit (PD2013-0010) for the purpose of approving a Permit Amendment (A2021-0010) and Conditional Use Permit (U2021-0006) for Tom Martinez, agent for Farshid Kiaei, owner, to revise the exterior architecture and establish a new veterinary clinic in a proposed 7,000 -square -foot mixed -use building on a 0.17 -acre site in a PD/R-2 (Planned Development / Medium Density Residential) district.

RECOMMENDATION
That the Planning Commission, by motion, approve the Planned Development Permit Amendment, A2021-0010 and Conditional Use Permit, U2021-0006.

BACKGROUND
The 0.17 -acre project site is a portion of the larger 7.0 -acre Celebration subdivision and is located at the northwest corner of Miller Street and Daniel Drive in a PD/R-2 (Planned Development/Medium Density Residential) district (Exhibit A — Vicinity Map). Residential uses surround the project site to the north, west, and east. A retail shopping center is located just south of the project site across Daniel Drive.

On December 21, 2005, a Planned Development Permit (PD -2005-023) and Tract Map (Tract 5893) was approved for the construction of the Celebration residential and office mixed -use development. The project included 42 single-family homes, 36 townhouse attached units (15 of which were live -work office units), and 24 office units mixed in with the remaining townhouse units. The project also included the construction of private streets, two neighborhood -serving parks, and visitor parking spaces. A Mitigated Negative Declaration (MND, E-2005-008) prepared for the first Celebration mixed -use project, approved by the City Council in January 2006, was the original environmental document which analyzed the Celebration project.

Following the approval of the project in 2005, subsequent revisions to the project were approved by the Planning Commission for Celebration II and III, through Planned Development Permits PD -2013-0010 and PD -2018-0001, respectively, each with their own addendum to the adopted MND. The approval of Celebration II permitted single family homes and two medical offices on the site, and Celebration I II permitted a 33 -unit affordable senior apartment building at the corner of Inger Street and Daniel Drive, replacing one of the medical offices. Two Tract Maps were also approved, Tract 5921 for the original Celebration project, and Tract 5993 for Celebration II.

ATTACHMENT C

The overall Celebration project site is currently developed with 53 single-family homes, 11 accessory dwelling units, and one townhouse/live-work building with three residential units. The private interior streets, a plaza area, and landscaped open space areas are installed. The sites at Inger Drive and Miller Street, and at Daniel Drive and Miller Street are the only two remaining vacant, undeveloped parcels within the Celebration development.

DISCUSSION
On April 15, 2021, an application was received for a Conditional Use Permit to allow a Veterinary Clinic Use in the approved 7,000 -square -foot office building at the Miller Street and Daniel Drive site. According to the Santa Maria Municipal Code, veterinary clinics are a conditional use, requiring a Conditional Use Permit approved by the Planning Commission. On October 11, 2021, an additional application was submitted to modify the architectural design of the building approved through the Celebration II project (PD2013- 0010). A Planned Development Permit Amendment is being processed concurrently with the Conditional Use Permit to accommodate those modifications.

Study Session
This project was presented to the Planning Commission at the April 21, 2022, and May 19, 2022, study session public meetings. At the April Study Session, Commissioners discussed the prior phases of the Celebration project, and architectural style of the proposed office building. At the May Study Session, the applicant's architect presented a revised architectural design responding to the comments provided by the Planning Commission at the earlier Study Session.

Land Use
The two-story building was approved for medical office uses as part of the Celebration II project (PD2013-0010). The building could accommodate up to four individual tenants.

The current request is to allow a veterinary clinic use on the ground floor of the building, up to two medical office tenants, and a studio apartment residence on the second floor.

The veterinary use would be contained on the ground floor with no overnight stays or boarding proposed for animals. Hours of operations are limited to normal business hours.

The project applicant, Farshid Kiaei, DVM, has his existing veterinary practice approximately 300 feet to the south of the project site in the shopping center. At the time of this report, there have been no nuisance complaints regarding the existing veterinary clinic. Conditions of approval (numbers 7 through 12) have been incorporated into the permit to ensure animal -related noise and odor concerns are adequately addressed.

The proposed use of the upper floor for medical offices is consistent with the previous approval. The proposed residential unit is intended to host visiting specialist veterinarians in order to better serve Santa Maria's domestic animals that would otherwise need to travel out of town for specialized care. Staff is supportive of this mix of uses as the original Celebration concept was for a mixture of single-family and townhome residences, live - work office units, and conventional office units.

A2021-0010 & U2021-0006 PLANNING COMMISSION STAFF REPORT CARING HANDS VETERINARY OFFICE JUNE 15, 2022
-2-

Architecture
The proposed mixed -use office building has a contemporary style architecture which is intended to complement the contemporary architecture of the future building and rooftop gardens apartment building to be located on the opposite corner at Inger and Miller. The building is defined by simple rectangular forms, smooth stucco walls, vertical flush steel panels, and accented with metal awnings. Glass windows with aluminum store fronts are located on the first and second floors of the building along every elevation. A more modern color palette of oxblood red and grey is being used to integrate the building into the existing Celebration project's earth tone color pallet.

Building Height and Setbacks
The building is approximately the same height (34 feet), and the building footprint is in approximately the same location on the site as was previously approved by the Celebration II project (PD2013-0010), with some minor variation to account for the modified architectural design including the exterior stairway on the west elevation. As part of Celebration II through the Mixed -Use Ordinance (Municipal Code Section 12-

49.08(c)(2)), the Planning Commission granted minor (less than 25 percent) setback reductions and height increases for the two medical buildings. The proposed project is still within the 25 percent variation allowance and can be approved by Planning Commission.

Parking
Parking requirements for the medical office building have been met as part of the previously approved Celebration II project (P02013-0010) and have been fully constructed. The project will have access to 28 spaces in the shared parking lot across the courtyard to the north. In 2013, the Planning Commission granted a 7 percent parking reduction for the entire Celebration II project as the mixed -use development included a Santa Maria Regional Transit line with a bus stop located on Miller Street. In addition, a reciprocal access and parking agreement was recorded between the medical office and residential lots to allow guests access to the medical building parking lots during the evening and weekend when the offices are closed, and the majority of guest parking is needed.

Landscape
The proposed project requires 20 percent landscaping be provided on -site and approximately 32 percent landscaping has been proposed surrounding the office building and along the street frontages. Ample amounts of landscaping and trees are proposed around the perimeter of the building that complement the contemporary architecture of the building and also integrate into the other areas in the Celebration project. The existing landscape plan for the interior of the Celebration project and the remainder of the streetscape will remain the same.

A2021-0010 & U2021-0006 PLANNING COMMISSION STAFF REPORT CARING HANDS VETERINARY OFFICE JUNE 15, 2022
-3-

Environmental
A Mitigated Negative Declaration (MND) was prepared for the original Celebration mixed - use project (E-2005-008) with an addendum (E-2013-0040) to the MND approved for the Celebration II project. No substantial changes are proposed in the project, and no new significant impacts will be generated by the project that would require major revisions to the MND. In accordance with Section 15162 of the State CEQA Guidelines, no further environmental review is required.

Prepared by Approved by
464, IA044,

CAROL ZIESENHENNE DANA EADY
Senior Planner Planning Division Manager
A2021-0010 & U2021-0006 PLANNING COMMISSION STAFF REPORT CARING HANDS VETERINARY OFFICE JUNE 15, 2022
-4-

Stephens & Stephens LLP
A NE V; A; 1 A \dr
June 29, 2022

VIA HAND DELIVERY
City of Santa Maria
110 E. Cook Street
Santa Maria, CA 93454
518 E Main Street
Santa Maria. CA 93454
Office. (80 51 922-1951
Fax. (805) 922. 8013
www.stephensfirm com
Re: Appeal of Planning Commission Decision
Permit No. A2021 — 0010 & U2021 — 006
Caring Hands Office Building and Veterinary Clinic
Conrad 8 Stephens
J Thompson
C. Kent Stephen-
Dear City Clerk:

I have enclosed an original and one copy of the Appeal to City Council regarding the above reference matter and a check made payable to City of Santa Maria in the amount of Six Thousand Five Hundred Ninety -Two Dollars ($6,592.00) for filing fees.

If you have any questions regarding the above, please contact our office at (805) 922-1951.

Best re
Conrad B. Stephens
Enclosures

ATTACHMENT D

.', `1 v1
Y '.

City of Santa Maria
Appeal to City Council

OFFICIAL USE ONLY
land paid
t 59 .

Receipt #
•
Name(s) of Appellants)
1) Farshid Kiaei
2)
3)
Telephone No(s).
1) (971) 300-8787
2)
3)
Address(es) of Appellant(s)
1) 1182 Old Mill Lane, Santa Maria, CA 93455
2)
3)
Email Address(es)
1) [email protected]
2)
3)
Mailing Address(es) (if different from above)
1)
2)
3)
Application(s)/Request being appealed
Permit No. A2021 - 0010 & U2021-006 - Caring Hands Office Building and Veterinary Clinic.

The Applicant Is appealing the Conditions of Approval Number 4 regarding signage. Applicant objects and appeals the condition for approval that the monument sign benefiting a separate and distinct property owner at 355 Daniel Drive be relocated to a different location on his property at 1955 S. Miller Street.

Applicant if other than appellant
Commission/Dept. Director Action
Planning Commission
Date of Action
June 15, 2022
Project Location
1995 S. Miller St., Santa Maria, California 93454
Project Description
Applicant sought a conditional use permit to revise the exterior architecture and establish a new veterinary clinic in a proposed 7,000 square -foot mixed -use building on a 0.17 acre site in a PD/R-2 district.

Reason for Appeal
The Applicant is appealing the Planning Commission Conditions of Approval, Number 4 requiring the Applicant to put a sign on his property for the benefit of an adjacent land owner despite no legal obligation to do so. The Planning Commission had no authority to require the Applicant to put a sign on his property for the benefit of an adjacent property owner and the condition they imposed Is unenforceable and must be reversed. Please see attached Exhibit A further explaining the Applicant's grounds for appeal and the reversal of the Planning Commission's Condition of Approval Number 4.

Signature(s) of Appellant(s)
1) G
1' oe • Dare
C C
6/28/2022
2)
3)
Rev: 3/2014

EXHIBIT A — SUPPLEMENT TO REASONS FOR APPEAL
I. Introduction
Farshid Kiaei, DVM ("Applicant") is the owner of Caring Hands Pet Clinic. Applicant purchased 1995 S. Miller Street (the "Property") to expand his services to more Santa Maria pets and serve their owners. Applicant has applied to build a 7,000 square foot building on the Property to house his clinic. However, the Santa Maria Planning Commission has imposed an unenforceable provision on the Property to require a sign advertising an adjacent property owner's business despite the fact the adjacent property owner has no rights to have the sign placed on the Property.

Owner of 355 Daniel Drive, Dr. Kamlesh Desai, has requested a condition be placed on the Property that requires a sign for Dr. Desai's business. Dr. Desai has a sign on the Property that a prior property owner allowed many years ago. However, Dr. Desai has no easement or property rights in the Property and no contract with the Applicant. The Planning Commission required Applicant to allow Dr. Desai to put a sign on the Property violating his property rights, creating a trespass and an unlawful taking. The Planning Commission made this ruling despite Planning Division Senior Staff member, Frank Albro, stating at the hearing that "[w]e don't, as City staff, there's no way for us to now force this property owner [Applicant] to accommodate signage of an adjacent property." The City Attorney put it more succinctly "I would say that we would not have an enforceable condition to require a third party accessing that parcel." The Planning Commission condition of approval requiring a sign for the benefit of Dr.

Desai and 355 Daniel Drive must be reversed because: (1) there is no easement to benefit 355 Daniel Drive; (2) it is an unenforceable condition of approval for the benefit of an adjacent property; (3) there is no privity or contract that requires Applicant to allow the sign be placed on the Property because there is no contract with any prior owners that runs with the land and binds successors; and (4) the condition is vague, ambiguous and unenforceable as a matter of law.

II. Project Background
The original Celebration Project and Celebration II was owned by a single owner that divided it into multiple parcels and then sold those parcels. The original owner owned both the Property and 355 Daniel Drive, Units 101, 103, 105, 201 and 203. Dr. Desai purchased 355 Daniel Drive from the original owner. The original owner allowed Dr. Desai's sign to be placed on the Property. However, the original owner did not provide for any right to continue to have the sign run with the land and burden subsequent owners. Moreover, there was no sign program for Celebration II, which the Property is a part. Attached hereto as Exhibit A-1 is a preliminary title report that does not contain any easement for the benefit of Dr. Desai or his parcels to place a sign on the Property.

At the time the original owner allowed the sign to be placed on the Property, the Property was anticipated to be two residential buildings. However, as part of Celebration I1 the proposed use has now changed to a single commercial building that will require its own signage. Planning Division Senior Staff stated at the hearing that "when the project was initially proposed there was no provision for common signage that was established" among the various parcel owners. 1 The Applicant is proposing updating a previous application for a 7,000 square foot building approved in 2013. The Applicant has made a proposal of an alternate design with a contemporary modem look. The Planning Commission approved Permit No. A2021 - 0010 & U2021-006 with the conditions of approval that are acceptable to Applicant, except for number 4, which requires him to put a sign on his property for an adjacent property owner's business.

Dr. Desai's sign on the Applicant's property is located where the proposed building footprint is located. The sign is a trespass and a violation of the Applicant's property rights. Dr.

Desai has refused to remove his sign. Furthermore, despite having no authority to do so, the Planning Commission conditioned Applicant's building permit on requiring a sign for the benefit of Dr. Desai and 355 Daniel Drive.

III. The June 15, 2022 Hearing and Unenforceable Condition of Approval At the June 15, 2022 Planning Commission Hearing, Dr. Desai requested that his sign on the Property remain on the Property as a condition for approval of the project. When asked about the condition requiring Dr. Desai's sign to be on the Property as a condition of the project, Senior Staff, Frank Albro stated that when the project originally was approved in 2013 "there was no provision for common signage that was established."
https://www.youtube.com/watch?v=INdQcczlAzE at 1:30:10. Mr. Albro went on to state:
"Therefore, the situation the City finds itself in is one where the potential easements per se or sign program that established an easement on this property for common signage for the overall site was never established."
When clarification was sought from the City Attorney, the following exchange took place:

Planning Commissioner Maribel Aguilera: So, I understand that I guess there is no requirement, but I believe that if we want to condition that the signage be placed somewhere we could as the commission am I correct?
City Attorney, Thomas Watson: I would say that we would not have an enforceable condition to require a third party accessing that parcel. The problem we have is that it's not a condition of this project, it's not proposed for this project, it's proposed by an adjacent property owner and we don't have the ability to enforce that request against an applicant in front of us because that is not something that he is legally required to do and if he is not legally required to do it. we can't bind him to that. That would be the difficulty to go beyond that. You could say that you could provide for signage but you can't provide whose signage.

It becomes a content neutral issue as well in the separation so I would strongly urge the commission to think carefully before a such a condition is applied. Id. at 1:30:58 (emphasis added).

Despite clear advice from the City Attorney that the condition was unenforceable and Staff stating that there was no easement or sign program ever established, the Planning Commission put a requirement on the Applicant to put a new sign on the Property for the adjacent property owner. 2 The Planning Commission's decision has led to this timely appeal of Condition of Approval Number 4.

IV. Argument
Dr. Desai and any subsequent owner of 355 Daniel Drive do not have an easement or any other access right to Property. California property rights are so ingrained that the California Constitution establishes "acquiring, possessing and protecting property" as an inalienable right.

The ownership of real estate conveys a set of rights. This bundle of rights encompasses everything that you can do with your property. Here, Dr. Desai has no rights to possession, access, transfer or control of the Property. Attached hereto as Exhibit A-1 is a Preliminary Title Report date February 9, 2021. The Preliminary Title Report contains no easement for the benefit of Dr. Desai or any predecessor or successor owner of 355 Daniel Dr. Therefore, Dr. Desai has no right to a sign on the property.

California property rights are so fundamental that the State Legislature has made it a criminal act to place a sign on a property that you don't own. Penal Code Section 556.1 states:
"It is a misdemeanor for any person to place or maintain or cause to be placed or maintained upon any property in which he has no estate or right of possession any sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of advertising, or which advertises or brings to notice any person, article of merchandise, business or profession, or anything that is to be or has been sold, bartered, or given away, without the consent of the owner, lessee, or person in lawful possession of such property before such sign, picture, transparency, advertisement, or mechanical device is placed upon the property." Here, Dr. Desai has no estate or right of possession on the Property. He has no easement, right of access or any other property right to utilize the Property in any way. Therefore, Dr. Desai is violating California Penal Code Section 556.1 and committing a criminal violation by having his sign on the Property. The Planning Commission's condition of approval is a ratification of Dr.

Desai's violation of Penal Code Section 556.1 and must be reversed.

The original owner of the Property and 355 Daniel Dr. was the same person. The City, Planning Division or Planning Commission never established easements or a sign program for the Property under the Celebration 1I subdivision approval. The Applicant is not required to provide any access for signage for Dr. Desai or his successors in interest because it was never a condition of approval. The prior owner permitted Dr. Desai to put a sign on the Property knowing it was not a binding condition and would not burden subsequent purchasers of the Property. The Planning Commission's condition of approval of Dr. Desai's sign would prevent any reasonable development of the Property because of its central location. The sign was only placed at the pleasure of the prior owner and that is why no easement or condition of approval of the original project owner was required. "Therefore, the situation the City finds itself in is one where the potential easements per se or sign program that established an easement on this property for common signage for the overall site was never established." Mr. Albro, Planning Division Senior Staff.
3 Even if the Planning Commissions' Condition of Approval Number 4 were enforceable, it must be reversed due to its vague and ambiguous directions. The Planning Commissions Condition of Approval, Number 4 is vague and ambiguous as to who is responsible for the costs for permitting, approval, construction and installation of the sign. It is fundamentally unfair to put a condition on the Property for an adjacent property owners' benefit and require the Applicant to pay for it. The Planning Commission failed to identify whose costs it would be to permit the signage and pay for its construction. Therefore, the Planning Commission's Condition of Approval, Number 4 must be reversed.

V. Conclusion
Applicant requests that the City Council reverse the Planning Commission's unenforceable Condition of Approval Number 4 and allow the project to go forward with the removal of Dr.

Desai's sign and without replacing it.
4 EXHIBIT A - 1
Exhibit A-1

Lawyers Title'
Lawyers Title Company
2751 Park View Court, Suite 241
Oxnard, CA 93036
Attn: Margaret Kelley
Your Reference No:

Lawyers Title Company
2751 Park View Court, Suite 241
Oxnard, CA 93036
Phone: (805) 484-2701
Fax: (805) 987-1759
Title Officer: Lisa Rivera --So
email: [email protected]
Phone No.: (805) 484-2701 x 7390
Fax No.: (805) 278-7320
File No.: 421290585
OXL32604
Property Address: 1995 South Miller Street, City of Santa Marla, California

PRELIMINARY REPORT
Dated as of February 9, 2021 at 7:30 a.m.

In response to the application for a policy of title insurance referenced herein, Lawyers Title Company hereby reports that It Is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth In the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report.

The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth In Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is Issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421290585

SCHEDULE A
The form of policy of title Insurance contemplated by this report Is:

CLTA Standard Owners
ALTA Loan 2006
The estate or Interest In the land hereinafter described or referred to covered by thls report Is:

A FEE as to Parcel(s) A. An EASEMENT more fully described below as to Parcel(s) B.

Title to said estate or interest at the date hereof Is vested in:

Inger Street Partners LLC, a California Limited Liability Company The land referred to herein is situated in the County of Santa Barbara, State of California, and Is described as follows:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421.290585
EXHIBIT "A"

THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL A:

LOT 54 OF TRACT NO. 5921, CELEBRATION, IN THE CITY OF SANTA MARIA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, PER MAP RECORDED MAY 30, 2007 IN BOOK 203, PAGES 11 THROUGH 15, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID SANTA BARBARA COUNTY.

EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS

LOCATED IN AND UNDER SAID LAND, INCLUDING BUT NOT LIMITED TO THE RIGHT TO

DIRECTIONALLY DRILL FROM ADJACENT OR NEARBY LANDS TO OBTAIN SUCH OIL, GAS AND

OTHER HYDROCARBON SUBSTANCES AND MINERALS WITHOUT THE RIGHT TO ENTER UPON THE SURFACE THEREOF TO DRILL OR FOR ANY OTHER PURPOSE TO A DEPTH OF 500 FEET BELOW SAID SURFACE.

PARCEL B:

NON-EXCLUSIVE EASEMENTS FOR INGRESS AND EGRESS AND USE OF CELEBRATION AVENUE,

THE RETENTION BASIN AND COMMON AREA COMMUNITY PARK AS SET FORTH AND SUBJECT TO

THE TERMS AND PROVISIONS CONTAIN IN THE IN THE CELEBRATION RECIPROCAL EASEMENT AND ROAD MAINTENANCE AGREEMENT RECORDED JANUARY 20, 2011 AS INSTRUMENT NO. 2011- 0003900 OF OFFICIAL RECORDS.

ASSESSOR'S PARCEL NUMBER: 128-185-004,128-185-005,128-185-006 CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421290585

SCHEDULE B
At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions In said policy form would be as follows:

A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2021-2022.

B. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 128-185-004
Fiscal Year: 2020-2021
1st Installment: $396.18, Pald
2nd installment: $396.18, Open (Delinquent after April 10) Penalty and Cost: $69.61
Homeowners Exemption: None Shown
Code Area: 003-000
C. Property taxes, including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 128-185-005
Fiscal Year: 2020-2021
1st Installment: $396.18, Paid
2nd Installment: $396.18, Open (Delinquent after April 10) Penalty and Cost: $69.61
Homeowners Exemption: None Shown
Code Area: 003-000
D. Property taxes, Including any personal property taxes and any assessments collected with taxes, are as follows:

Tax Identification No.: 128-185-006
Fiscal Year: 2020-2021
1st Installment: $161.60, Pald
2nd installment: $161.60, Open (Delinquent after April 10) Penalty and Cost: $46.16
Homeowners Exemption: None Shown
Code Area: 003-000
E. The Ilen of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.

1. Water rights, claims or title to water, whether or not disclosed by the Public Records.

2. Easement(s) or right(s) of way for the purpose(s) shown below and rights incidental thereto, as granted and/or reserved in various deeds of record:

Purpose:

Affects:

Ingress and egress, pipelines, drainage and/or public utilities and incidental purposes thereto over, under, along and across the easement parcel(s) herein described
Parcel B
CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421290585

3. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth In the document Recording Date: November 30, 1982
Recording No: 82-50045, of Official Records

4. Abutter's rights of ingress and egress to or from Miller Street, Daniel Drive and Inger Drive, have been dedicated or relinquished on the filed Map of Tract No. 5921.

5. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said Tract No. 5921:

Purpose:

Affects:
pedestrian access
said land more particularly described therein

6. Recitals as shown on that certain map/plat
Recording Date: May 30, 2007
Recording No.: Book 203, Paqes 11 to 15, of Maps
Which among other things recites:

Celebration Tract No. 5921 is for Airspace Condominium.

Reference is hereby made to said document for full particulars.

7. The following matters shown or disdosed by the filed or recorded map referred to in the legal descriptlon: Additional Information
Section 66434.2 of the Government Code the following additional Information Is for information purposes, describing the conditions as of the date of filing, and Is not intended to affect record title interest. The additional information is derived from public records or reports and does not imply the corrections or sufficiency of those records or reports by the preparer.

1. Those Lots adjoining Miller Street, Daniel Drive and Inger Drive shall not have their access from said street.

2. A homeowners Association shall be established to ensure property maintenance of the retardation basin, landscaping, wells, fence, and common driveways. Documentation of the formation of the assodation shall be submitted prior to issuance of the occupancy permit of the first unit.

3. Based on the current configuration of the project, security gates shall not be permitted at, any time for this property.

4. This project is subject to the City's AB1600 Mitigation Fee Program.

CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421290585

8. The following matters shown or disclosed by the filed or recorded map referred to in the legal description:

Lots 43 thru 55, 57 through 61 and 63 are dedicated as a P.U.E. water, sewer, cable TV, telephone, reciprocal access and drainage easement per this map (excepting areas occupied by any originally constructed buildings).

Lots 43 thru 55, 57 thru 61 and 63 are reserved as landscape maintenance and reciprocal drainage easements per this map (excepting areas occupied by any originally constructed buildings).

A reservation for future reciprocal drainage easements is Included In the Owners Statement of this map.

9. Matters contained in that certain document
Entitled:

Recording Date:

Recording No.:

Condominium Plan
May 6, 2008
Book 199, Pages 64 to 67, of Condominiums
Reference Is hereby made to said document for full particulars

10. The matters set forth in the document shown below which, among other things, contains or provides for: certain easements; liens and the subordination thereof; provisions relating to partition; restrictions on severability of component parts; and covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including, but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law.

Entitled:

Recording Date:

Recording No.:

Declaration of Covenants, Conditions and Restrictions for Celebration Condominiums
January 20, 2011
2011-0003899, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the Ilen of any mortgage or deed of trust made in good faith and for value.

Said Instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value.

11. Non-exclusive easements over and through the common area for Ingress, egress, public utility, enjoyment, support and repair of the common area and each unit, as provided in the above mentioned declaration and as disclosed by various deeds, of record.

Affects: Common Area
CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421290585

12. Dedaration of covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of Income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the below document, which, among other things, may contain or provide for easements; assessments, liens and the subordination thereof; said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made In good faith and for value:

Recording Date: January 24, 2011
Recording No.: 2011-0004413, of Offjdal Records
Said Instrument also provides for the levy of assessments, the lien of which is stated to be subordinate to the lien of certain mortgages or deeds of trust made in good faith and for value.

Assignment of Declarant Rights
Recording Date: May 20, 2015
Recording No.: 2015-0026003, of Official Records
Assignment of Declarant Rights
Recording Date:

Recording No.:

May 20, 2015
2015-0026004, of Official Records

13. Non-exclusive easements over and through the common area for ingress, egress, public utility, enjoyment, support and repair of the common area and each unit, as provided in the above mentioned declaration and as dlsdosed by various deeds of record.

Affects: Common Area

14. Reciprocal easements, for the purpose(s) shown below and rights incidental thereto as created by the following document:

Document:

Executed by:

Purpose:

Recording Date:

Recording No:

Affects:

Celebration Reciprocal Easement and Road Maintenance Agreement Miller-Inger LLC, a California limited liability company, Celebration Owner's Association, Inc., a California nonprofit mutual benefit corporation and Celebration Condominium Owners Association, a California nonprofit mutual benefit corporation
private road and parking
January 20, 2011
2011-0003900, of Official Records
said land more particularly described therein
Amended and Restated Celebration Redprocal Easement and Road Maintenance Agreement Recording Date:

Recording No.:

June 29, 2016
2016-0032365, of Offidal Records
Limitations on the use, by the owners of said Land, of the easement area as set forth in the easement document shown hereinabove.

Reference is hereby made to said document for full particulars.

CLTA Preliminary Report Form - Mod!fled (11-17-06)

File No: 421290585

15. Matters contained in that certain Road Maintenance Agreement which document, among other things, may provide for liens and charges.

Executed by:

Recording Date:

Recording No.:

Miller-Inger LLC, a California limited (lability company, Celebration Owner's Association, Inc., a California nonprofit mutual beneflt corporation and Celebration Condominium Owners Association, a Califomla nonprofit mutual benefit corporation
January 20, 2011
2011-0003900, of Offldal Records
Reference is hereby made to said document for full particulars.

Amended and Restated Celebration Reciprocal Easement and Road Maintenance Agreement Recording Date: June 29, 2016
Recording No.: 2016-0032365, of Official Records
Reference is hereby made to said document for full particulars.

16. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence.

17. Any rights of the parties, if other than the vestees, in possession of the Parking Space shown in the legal description herein.

18. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records.

The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before Issuing any policy of title Insurance without excepting this item from coverage.

The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.

END OF SCHEDULE B EXCEPTIONS
PLEASE REFER TO THE "NOTES AND REQUIREMENTS SECTION" WHICH FOLLOWS FOR

INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION
CLTA Preliminary Report Form - Modified (11-17-06)

File No: 421290585
REQUIREMENTS SECT/ON:

Req. No. 1: In order to complete this report, the Company requires a Statement of Information to be completed by the following party(s),
Party(s): All Parties
The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.

NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file.

Req. No. 2: The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below:

Limited Liability Company: Inger Street Partners LLC
a) A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member
b) If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendments thereto with the appropriate filing stamps c) If the Limited Liability Company is member -managed, a full and complete current list of members certified by the appropriate manager or member d) If the Limited Liability Company was formed in a foreign jurisdiction, evidence, satisfactory to the Company, that it was validly formed, is in good standing and authorized to do business in the state of origin
e) If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing.

The Company reserves the right to add additional items or make further requirements after review of the requested documentation.

Req. No. 3: Satisfactory evidence must be furnished from the secretary or other duly qualified officer of the Association showing that all assessments and fees, including special assessments or payments due to others, such as master associations, are paid in full through the date of closing.

Req. No. 4: Pursuant to the type of transaction contemplated in this Report, a Documentary Transfer Tax Affidavit must be filled out and executed to accompany the Transfer Deed, a form of which can be obtained by going to the following Website www.sbcrecorder.com or by contacting your Title Officer or Escrow Officer.

CLTA Preliminary Report Form - Modified (11-17-06)

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, GRANTING THE APPEAL TO DELETE
CONDITION NO. 4 REGARDING SIGNAGE AND UPHOLD THE

PLANNING COMMISSION'S APPROVAL OF PLANNED
DEVELOPMENT PERMIT AMENDMENT (A2021-0010) AND
CONDITIONAL USE PERMIT (U2021-0006) FOR THE CARING HANDS

OFFICE BUILDING AND VETERINARY CLINIC PROJECT AT
1995 SOUTH MILLER STREET
WHEREAS, the applicant, Farshid Kiaei, DVM, applied for A2021-0010 and U2021-0006 to establish a new veterinary clinic in a proposed 7,000 -square -foot mixed - use building on a 0.17 -acre vacant site in a PD/R-2 (Planned Development / Medium Density Residential) district; and
WHEREAS, the Planning Commission of the City of Santa Maria held regular study session public meetings on April 21, 2022, and May 19, 2022, and received presentations on the proposed project from City staff and the applicant; and WHEREAS, the Planning Commission of the City of Santa Maria held a duly noticed public hearing on June 15, 2022, to receive evidence and consider A2021-0010 and U2021-0006, and to hear and consider all evidence including the revised site and landscape plans provided by the applicant, evidence in the staff report and all written and oral testimony; and
WHEREAS, the oral testimony presented at the June 15, 2022, meeting included comments and concerns from the adjacent property owner to the project site regarding his existing monument sign which is located on the project site and was constructed with permission by the prior property owner; and
WHEREAS, on June 15, 2022, the Planning Commission of the City of Santa Maria voted 4-0-0-1 (Commissioner Seifert abstained) to approve the Planned Development Permit Amendment A2021-0010 and Conditional Use Permit U2021-0006 for the project with an added condition (Condition No. 4) requiring that the existing sign be moved to a location visible from Miller Street; and
WHEREAS, on June 28, 2022, Farshid Kiaei, DVM, filed an appeal of the Planning Commission's inclusion of Condition of Approval No. 4 regarding signage for Caring Hands Office Building and Veterinary Clinic Project application A2021-0010 and U2021- 0006; and
WHEREAS, the City Council of the City of Santa Maria held a regularly scheduled public hearing on September 20, 2022, for the purpose of considering the appeal of the Planning Commission Condition of Approval No. 4 of A2021-0010 and U2021-0006; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and

WHEREAS, at the public hearing, the City Council heard and considered all evidence, including evidence presented orally, in writing, and in the staff report; and WHEREAS, the City Council hereby deletes Condition No. 4 added by the Planning Commission, and upholds the approval of the Conditional Use Permit (U2021- 0006) and the Planned Development Permit Amendment (A2021-0010). The City Council finds as follows:
1) That the applicant for the project should not be required to install a sign for the benefit of a separate and distinct property owner on the applicant's property. 2) That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading, and landscaping are adequate to properly adapt such use with the land and uses in the vicinity. The site for the project was previously analyzed and approved under a Planned Development Permit (PD2013-0010) and was determined to be adequate in size and topography to accommodate the project. The proposed project is a modification to the architectural style of the approved building, and the building footprint and floor area are to remain as previously approved for medical office uses.
3) That the site for the proposed use relates to streets and highways that are adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use. The site for the project was previously analyzed and approved under a Planned Development Permit (PD2013- 0010) and was determined to be adequate in size and topography to accommodate the project. The proposed project is a modification to the architectural style of the approved building, and the building footprint and the floor area are to remain as previously approved for medical office uses. The traffic generated by the project would be the same as or less than the previously approved medical office use.
4) That the proposed use will have no adverse effect upon the abutting property. The site for the project was previously analyzed and approved under a Planned Development Permit (PD2013-0010) and was determined to be adequate in size and topography to accommodate the project. The proposed project is a modification to the architectural style of the approved building, and the building footprint and floor area are to remain as previously approved for medical office uses. The veterinary clinic use is proposed entirely within the walls of the building, and noise or odors will be controlled by building construction requirements in the conditions of approval, as well as the California Building Code.
5) That the establishment, maintenance, and/or conducting of the use for which the planned development review is sought will not, under the circumstances of the particular case, be detrimental to the health, safety, morals, or welfare of persons residing or working in the neighborhood of such use and will not, under the circumstances of the particular case, be detrimental to the public welfare, injurious to property or improvements in the neighborhood; nor shall the use be inconsistent with the character of the 2 neighborhood or contrary to its orderly development as the project was previously analyzed and approved under a Planned Development Permit (PD2013-0010), and conditions of approval from the prior permit are incorporated in this permit by reference. The proposed project is a modification to the architectural style of the approved building, and the building footprint and floor area are to remain as previously approved for medical office uses. The veterinary clinic use is proposed entirely within the walls of the building, and noise or odors will be controlled by building construction requirements in the conditions of approval, as well as the California Building Code.
6) The conditions stated are necessary to protect public health, safety, and general welfare.
7) The proposed modification(s) is/are otherwise consistent with the General Plan, Municipal Code, and applicable Specific Plans. No modifications to development standards are proposed.
8) The project includes superior design elements that mitigate or compensate for any potential impact of the proposed modification(s) on the surrounding area. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed.
9) The proposed modification(s) is/are essential to the design of the project and no modifications to development standards are proposed. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed. 10) The proposed modification(s) has/have been minimized to the maximum extent possible consistent with Subsections (a) through (c) of Section 12-

35.203 of the Municipal Code. The project is consistent with all applicable development standards in the Municipal Code and no modifications to development standards are proposed.
11) A Mitigated Negative Declaration (MND) was prepared for the original Celebration mixed -use project (E-2005-008) with an addendum (E-2013- 0040) to the MND approved for the Celebration II project. No substantial changes are proposed in the project, and no new significant impacts will be generated by the project that would require major revisions to the MND. In accordance with Section 15162 of the State CEQA Guidelines, no further environmental review is required.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria, California, that:

SECTION 1. The above recitals are true and correct and incorporated herein by this reference.

SECTION 2. The City Council grants the appeal to delete Condition of Approval No. 4 regarding signage and affirms the Planning Commission approval of Planned Development Permit Amendment A2021-0010 and Conditional Use Permit U2021-0006.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 20th day of September 2022, by the following roll call vote.

Mayor
ATTEST:

APPROVED AS TO FORM:
•
Chief Deputy City Clerk
By:

APP •VED AS TO CONTENT:

By: G
Department f t?ector
By:
ty Manager
4