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PC R 22-2378RESOLUTION NO. 22-2378 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 21-007; LOCATED AT 141 SOUTH ELM STREET; APPLIED FOR BY JEFF EMRICK, VISUAL HORIZON, INC. WHEREAS, the project site is approximately 0.30 acres, zoned Gateway Mixed -Use (GMU), and located near the southwest corner of South Elm Street and Sunset Drive; and WHEREAS, the applicant has filed Conditional Use Permit 21-001 for the development of a five (5) unit apartment building; and WHEREAS, the existing commercial component results in the project being categorized as a mixed-use project, for which the GMU district allows a maximum density of twenty (20) dwelling units per acre, or six (6) dwelling units on the 0.30 -acre project site; and WHEREAS, for the purpose of calculating density, this project shall be considered five (5) studio units, or 2.5 density equivalent units; and WHEREAS, the Staff Advisory Committee considered the project on October 13, 2022, and recommended approval with conditions; and WHEREAS, the Architectural Review Committee considered the project on November 21, 2022 and recommended approval; and WHEREAS, the Planning Commission has reviewed this project in compliance with the n r..--:.. r : �..,.ra.. n..a in�fn� a�. Com.&.&„ nenn r+..:.:,.r__ � a Arroyo CI�VIIUIIII�elltdl l.(UQlll�/ /11.1 �VC1aL/`1�, LI 1C JLC0.1 l�C�a(/1 l7UIUVIIIIC,, CII IU Llle HIIUyU Grande Rules and Procedures for Implementation of CEQA and determined that the project is exempt pursuant Section 15332 of the CEQA Guidelines regarding in -fill development; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on December 6, 2022; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, the following circumstances exist: Conditional Use Permit Findings: The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use of the site for residential development in a mixed use project is permitted within the GMU zoning district and the project complies RESOLUTION NO. 22-2378 PAGE 2 with all applicable provisions of the Arroyo Grande General Plan and Municipal Code. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use of the site for multi -family residential development in a mixed use project will not impair the integrity of the GMU district due to the intent of the district to provide for multi -family residential and commercial uses that support those residences. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is approximately 0.30 acres of underutilized land in the GMU zoning district and meets the development standards of the GMU zoning district and the Arroyo Grande Municipal Code. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The proposed project will utilize City supplied water, sanitation, and public utilities and services that ensure public health and safety. No aspect of the proposed project is anticipated to be overly impactful to these services. Conditions of approval developed for the project will additionally ensure public services are minimally impacted. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety or welfare, nor materially injurious to properties or improvements in the vicinity, as it will comply conditions of approval specifically developed for the project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 21-007 as set forth in Exhibit "B", attached hereto and incorporated herein by this reference, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Buchanan, seconded by Commissioner Sackrison, and by the following roll call vote, to wit: AYES: Buchanan, Sackrison, Guthrie and Martin NOES: None ABSTAIN Maraviglia ABSENT: None the foregoing Resolution was adopted this 6�1 day of December, 2022 RESOLUTION NO. 22-2378 PAGE 3 LENN MARTIN CHAIR ATTEST: .f PATRICK HOLU8 SECRETARY TO THE COMMISSION AS TO CONTENT: 9-/� �, - - - BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 22-2378 PAGE 4 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 21-007 141 SOUTH ELM STREET COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the construction of a new five (5) unit apartment building. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit 21-007. 4. This application shall automatically expire on December 6, 2024 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall conform to the development standards of the Gateway Mixed -Use zoning district except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 6, 2022 and marked Exhibit B. 7. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 8. A copy of these conditions shall be incorporated into all construction documents. 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 10. Development shall comply with Development Code Sections 16.48.070, "Fences, RESOLUTION NO. 22-2378 PAGE 5 Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 11. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including any specifically modified by these conditions. 12. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 13. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground -mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: i. Deep root planters shall be included in areas where trees are within five feet (6) of asphalt or concrete surfaces and curbs; ii. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. iii. An automated irrigation system using smart controller (weather based) technology. iv. The selection of groundcover plant species shall include native plants. v. Linear planters shall be provided in parking areas. vi. Turf areas shall be limited in accordance with Section 16.84.040 of the Development Code. 14. For projects approved with specific exterior building colors, the developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 15. Buildings equipped with a fire sprinkler system shall also have a Fire Department Connection (FDC), which shall be located adjacent to a fire access roadway, be remote from all buildings outside the building collapse zone, and screened to the maximum extent permitted by the Building Official or Fire Chief. RESOLUTION NO. 22-2378 PAGE 6 16. Fire Department Connections (FDC) shall be located near a fire hydrant, which is no closer than 20 feet and no greater than 100 feet with no obstructions or barriers between the FDC and the hydrant such as roads or driveways. 17. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve, and screened to the maximum extent feasible. 18. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof -mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 19. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. ARCHITECTURAL REVIEW COMMITTEE CONDITION 20. The material color for the entryway awnings shall be charcoal or another color complimentary to the approved color palette. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 21. The project shall comply with the most recent editions of the California Building Standards Code, as adopted by the City of Arroyo Grande. FIRE LANES 22. Prior to occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 23. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS RESOLUTION NO. 22-2378 PAGE 7 24. Project shall have a fire flow in accordance with the California Fire Code. 25. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. FIRE SPRINKLER 26. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 27. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted by the City of Arroyo, Grande. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 28. The Applicant shall develop, implement and provide the City a: a. Prior to a building or grading permit a Stormwater Control Plan that clearly provides engineering analysis of all Runoff Retention controls complying with Engineering Standard 1010 Section 5.2.2. b. Prior to occupancy, the property owner shall record a Private Stormwater Management System Operations and Maintenance Agreement that clearly establishes responsibility for all Runoff Retention controls complying with Engineering Standard 1010 Section 5.2.3. c. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). GENERAL CONDITIONS 29. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 30. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. 31. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. 32. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 33. Preserve existing survey monuments and vertical control benchmarks in compliance RESOLUTION NO. 22-2378 PAGE 8 with Standard Specifications Section 5-1.26A. 34. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans). CURB. GUTTER AND SIDEWALK 35. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 36. Replace driveway approach on Sunset Drive. 37. Ensure a minimum sidewalk clearance of four (4) feet around poles, guy wires, and fire hydrants. GRADING AND DRAINAGE 38. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit one (1) copies of the final project -specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Pollution Control Plan (WPCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 39. All grading shall be performed in accordance with the City Grading Ordinance and Standard Specifications and Engineering Standards. 40. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 41. Submit a soils report for the project shall be prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. The date of the soils report shall be less than 3 years old at the time of submittal. WATER 42. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the structures and for landscape irrigation. 43. A Double Detector Check (DDC) backflow device is required on the water service line to the fire sprinklers. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. 44. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 45. Non -potable water is available at the Soto Sports Complex. The City of Arroyo Grande RESOLUTION NO. 22-2378 PAGE 9 does not allow the use of hydrant meters. 46. Project shall utilize, or abandon, all existing stubbed utilities. 47. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 48. All sewer laterals shall comply with Engineering Standard 6810. 49. Project shall utilize, or abandon, all existing stubbed utilities. 50. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 51. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 52. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to permit issuance. 53. Submit a will -serve letter from South County Sanitary stating that the property access and location of trash receptacles is adequate for trash collection service. PUBLIC UTILITIES 54. The developer shall comply with Development Code Section 16.68.050 which requires that all projects that involve the addition of over 500 square feet of habitable space shall be required to place service connections underground. All existing and proposed utilities shall be placed underground. 55. All new and relocated dry utilities shall be shown on a utility plan. 56. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 57. Upon execution of PG&E contract, submit contract to the City. Include PG&E schematic in the project plan set." FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 58. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Plan check for grading plans (Based on an approved earthwork estimate). RESOLUTION NO. 22-2378 PAGE 10 b. Permit Fee for grading plans (Based on an approved earthwork estimate). c. Inspection Fee of subdivision or public works construction plans (Based on an approved construction cost estimate). d. Plan Review Fee (Based on the current Building Division fee schedule. NOTE: The applicant is responsible to pay all fees associated with outside plan review consultants) 59. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance. c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance. d. Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance. e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance. h. South San Luis Obispo County Sanitation District Connection fee. i. Drainage fee, as required by the area drainage plan for the area being developed. j. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance. k. Construction Tax, the applicant shall pay a construction tax. I. Alarm Fee, to be based on codes and rates in effect at the time of development. m. Strong Motion Instrumentation Program (SMTP) Fee, to be based on codes and rates in effect at the time of development. n. Building Permit Fee, to be based on codes and rates in effect at the time of development. BONDING SURETY 60. Erosion Control, prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. RESOLUTION NO. 22-2378 PAGE 11 61. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to Public Improvement Plan and Grading Plan approval. The minimum term for Improvement securities shall be equal to the term of the Public Improvement Plan agreement. a. Faithful Performance, 100% of the approved estimated cost of all subdivision improvements. b. Erosion Control and Landscape, 100% of the approved estimated cost of all erosion control work during construction and the estimated cost of all final landscaping after construction is complete. This bond is refundable upon successful completion of the work, less expenses uncured by the City in maintaining and/or restoring the site. c. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. d. One Year Guarantee, 10% of the approved estimated cost of all public improvements. This bond is required prior to acceptance of the public improvements. PLANNING COMMISSION CONDITIONS 62. Prior to the certificate of occupancy, the property owners of the shared parking lot shall formalize a maintenance agreement for the shared driveways and parking areas.