PC R 95-1539ItESOLUTION NO. 95-1539
A RESOLUTION OF THE PLANNING COMMISSION OF
THC CITY OF ARROYO GRANDE ADOPTING A
NEGATIV� DECLARATION WITH MITIGATION
M�ASURES, INSTRUCTING THE SECRETARY TO FILE A
NOTICE OF DETERMINATION, AND APPROVING
CONDITIONAL USE PERMIT (PUD PERMIT� CASE NO.
95-539 AND THE ASSOCIATED ARCHITECTURAL
REVIEW, APPLIED FOR BY ARLOMA CORP�RATION AT
266 ASPEN STR��T
WH�REA5, tlie Planning Commission of th� City of Arroyo Grande has considered
Conditional Use Permit (PUD Permit) Case No. 95-539, filed by Arloma Corporation, to
establish a small lot subdivision as a planned unit development; and
WHEREAS, the Planning Commission has held a public hearing on these applications
in accordance with City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed the draft negative declaration and
mitigation measures under the provisions of the California Environmental Quality Act (CEQA);
and
WHEREAS, the Planning Commission finds after due study, deliberation and public
hearing, the following circumstances exist:
P1Anned Unit Development Tindings:
1. The proposed Planned Unit Development 95-539 is consistent with the goals, objectives,
and programs of the General Plan and any applicable specific plan.
2. That the site for the proposed Planned Unit Development 95-539 is adequate in size and
shape to accommodate said use and all yards, open spaces, setbacks, wall and fences,
parking areas, loading areas, landscaping, and other features required.
3. That the site for the proposed Planned Unit Development 95-539 has adequate access,
meaning that the site design and development plan conditions consider the limitations of
the existing streets and highways. Aspen Street can adequately accommodate traffic from
the additional single family dwelling unit proposed in this application.
4. That the public services exist, or will be provided in accordance with the conditions of
development plan approval, to serve the proposed Planned Unit Development 95-539, and
that the approval of the proposed development will not result in a reduction of such
public services to properties in the vicinity so as to be a detriment to public health,
safety, or welfare. Proposed Parcel 1 will obtain City water and sewer.
5. That the proposed Planned Unit Development 95-539, as conditioned, will not have a
substantial adverse effect on the surrounding property, or tiie permitted use thereof, and
will be compatible with the existing and planned land use character of the surrounding
area.
Resolution No. 95-1539
Condition�l Use Perii�it Case No. 95-539
Arioma Corpor�tion
266 Aspen Street
November 21, 1995
Page 2
6. That the improvements required, and the manner of development, adequately address all
natural and man-made hazards associated with the proposed development and the project
site, including, but not limited to, flood seismic, fire, and slope hazards. Drainage
easements and a metliod to convey drainage shall be included as a condition of approval
for this project to address drainage to the rear of the site.
7. The proposed development carries out the intent of proposed Planned Unit Development
95-539 by providing a more efficient use of the land and an excellence of design greater
than tt�at wiiich could be achieved through the application of conventional development
standards.
8. The proposed Planned Unit Development 95-539 complies with all applicaUle
performance standards listed in Section 9-06.050 E.
9. The City of Arroyo Grande has found that a density bonus of 25 percent for the property
of Planned Unit Development No. 95-539 is consistent with the orderly development of
the community. Parcel 2 will be designated as a low-income dwelling unit in exchange
for allowing a 25 percent density bonus.
10. The City of Arroyo Grande has found that it is not necessary to offer additional
development incentives in order for a portion of this project to be developed as low-
income housing, since the dwelling unit to be designated as low-income housing has
already been built and other development incentives have been allowed through the
planned unit development process.
Arcl�itectur�l Review Findings
1. The proposal is consistent with ttie "General Arcliitectural Review Guidelines" for the
City of Arroyo Grande.
2. The proposal is consistent with tlie text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code.
3. Tl�e proposal will not be detrimental to tlie health, safety, comfort and general welfare
of the persons working in the neigfibvrhood of the proposed project.
4. The general appe��rance of the proposal is in keeping with the character of the
neigfiborl�ood.
5. The proposal is not detrimental to the orderly and harmonious development of the City.
6. The proposal will not impair tlie desirability of investment or occupation in the
neighborhood.
J
Resolutiou No. 95-1539
Conditional Use Perinit CASe No. 95-539
Arloma CorporAtion
266 Aspen Street
November 21, 1995
Page 3
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts the negative declaration with mitigation measures, instructs the
secretary to file a Notice of Determination and approves said conditional use permit subject to
the conditions of approval listed below:
GENERAL CONDITIONS:
1. The applicant sliall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance with tlie plans presented to the
Planning Commission at the meeting of November 21, 1995 and marked "Exhibit A".
3. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employees, for any court costs and attorney's fee's which the City,
its agents, officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
4. A negative declaration has been prepared for this project. Mitigation measures are listed
as conditions of approval. Said. mitigation measures shall be implemented as conditions
of approval and shall be monitored by appropriate City departments and other responsible
agencies as indicated by the mitigation measures. The developer shall be responsible
for verification in �vriting by the monitoring department or agency that the
mitigation measures liave been implemented.
5. This application shall automatically expire on November 21, 1997 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.
6. The applicant shall comply with all conditions of approval for Tentative Parcel Map Case
No. 95-525 and Variance Case No. 95-192.
7. Prior to issuance of a final certificate of occupancy, the developer shall provide mail
receptacles for the units as required by the Postmaster of the Pismo Beach Post Office.
MITIGATION MEASURES:
8. In the event that during grading, construction, or development of the project, any
archaeological resources are uncovered, all work shall be halted until the City has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (549-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvements plans shall be noted to reflect this mitigation.
Time Frame: Prior to issuance of building or grading permits for the
note, during construction.
Monitoring Depart�nent: Building and Fire Department/Public Works Department
Resolution No. 95-1539
Coi�ditional Use Permit
Arloma Corpor�tion
266 Aspen Street
November 21, 1995
Page 4
Case No. 95-539
9. All new construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not li►nited to, low flow shower heads, water
saving toilets, instant water l�eaters or hot water recirculating systems, drip irrigation
wit1� drought lolerant landscaping and etcetera. All water conserving designs and fixtures
shall be installed prior to final occupancy.
Time Fr�me: Prior to final occupancy
Monitoring Department: Building and Fire Departtnent
10. The applicant shall provide for review and approval by the Director of Public Works,
and engineered grading, drainage and erosion control plan.
Time Frame: Prior to recordation of the Parcel Map or prior to issuance
of building or grading permits, wliichever occurs first
Monitoring Depat�tinent: Public Works Department
11. Transportation development impact fees shall be paid pursuant to Ordinance 461 C.S.
Time Ft•ame: Prior to final inspection and/or issuance of a Certificate of
Occupancy for the new house
Monitoring Department: Building and Fire Department
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12. Traffic Signalization fees shall be paid pursuant to Municipal Code Section 3-2.3.
Time Frame: Prior to issuance of a building permit for the new house
Motiitoring Department: Building and Fire Department
13. A Fire Impact Fee of $750.00 per lot st�all be paid prior to recordation. Based on
review by tl�e Director of Building and Fire, credit may be given (if applicable) for
utilization of alternative means of protection.
Time Frame: Prior to recordation of the Parcel Map
Monitoring Department: Building and Fire Department
COMMUNITY DEVELOPMENT DEPARTM�NT:
14. Prior to recordation of the Parcel Map, the applicants shall submit for review and
approval of the City Attorney, a deed restriction which shall designate that the existing
dwelling unit on proposed Parcel 2 sl�all be offered for rent as a"low-income" housing
unit. The dwelling unit shall provide continued affordability to low-income residents
which shall not exceed rental rates above 30 percent of 60 percent of the area median
income, and tl�e dwelling unit shall be a low-income dwelling tinit for a minimum of 30
years or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program or rental subsidy program. Said deed
restriction shall be recorded prior to or concurrently with the Parcel Map.
15. Prior to recordation of the Parcel Map, the applicant shall construct or bond for
construction of the gazage, driveway, landscaping and related improvements on proposed
parcel 2. �
16. Construction of the new home on proposed parcel 1 may not occur tlie deed restriction
has been recorded on Parcel 2.
Resolution No. 95-1539
Conditional Use Permit
Arloma Corporation
266 Aspen Street
November 21, 1995
Page 5
Case No. 95-539
17. The applicants shall provide a revised landscape plan and an underground irrigation plan
prior to recordation of the Parcel Map for this project. Said plans shall be to the
satisfaction of the Community Development Director.
18. The applicants shall provide revised elevations of the proposed dwelling unit on Lot 1
and the eastern elevation of the proposed garage on Lot 2 prior to recordation of the
Final Map for this project. Said elevations shall be to the satisfaction of the Community
Development Director.
19. Aevelopment shall conform with the MF (Condominium/Townhouse) zoning
requirements except as otherwise approved by Variance Case No. 95-192.
20. Walls or fences siiall co��ply with Development Code Section 9-10.070. Unless
specifically approved through the appropriate procedure, no wall or fence shall exceed
six feet (6') in height. .
21. Property line fences shall be provided where there �re no fences or fences are in poor
repair prior to recordation of the Parcel Map. Design of fences shall be as shown on
Exhibit "A" or if not shown shall be subject to review and approval of the Community
Development Director.
22. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans,
Exhibit "A", except as specifically modified by these conditions.
23. Prior to Final Occupac�cy of
Development Code Chapt�er 9-15
undergrounded.
the new house, the developer shall comply with
,"Improvements". All above ground utilities shall be
24. Prior to issuance of a certificate of occupancy for each residence, all garages shall be
provided with roll-up garage doors and automatic garage door openers.
PUBLIC WORKS DEPARTMENT:
25. Pay drainage fee per adopted resolution.
26.
27.
28.
New unit to be served witli City water and sewer. Relocate existing services as
necessary if they are in conflict with new services or lot lines.
Construct driveway approach for each parcel.
Connect existing house to the sewer if not yet connected.
29. All constructions and tnstallations shall be per the City's Standard Plans and
Specifications and plans approved by the Public Works Director. Encroachment permit
is required when work is performed within the City right-of-way.
BUILDING AND FIItE DEPARTMENT:
30. All addresses st�all be visible at the street and on individual building prior to issuance oP
a Certificate of Occupancy.
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Resolution No. 95-1539
Conditional Use Pec-�nit C�se No. 95-539
Arloma Corporation
266 Aspen Street
November 21, 1995
P�ge 6
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31. The project shall comply with the most recent editions of the California State Fire and
Building Codes and the Uniforrn IIuilding and Fire Codes as adopted by the City of
Anoyo Grande.
32. All roofs shall be Class "A".
33. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant
shall show proof of properly abandoning all non-conforming items such as septic tanks,
wells, piping etc.
34.
35.
36.
Separate permits must be obtained for retaining walls.
Compaction tests required in the footings prior to concrete pour inspection.
No water heaters permitted in garage.
37. All new residential construction requires posting of a$1200.00 performance bond for
erosion control and damage to the public right-of-way. This bond is refundable upon
completion of the job.
PARKS AND RECREATION D�PARTMENT:
38. Developer to mitigate removal of tl�e existing cedar tree by planting three (3) 15-gallon
trees on site. Location and species to be approved by the Director of Parks and
Recreation in accordance with Ordinance 431 C.S. (Owner will try to transplant existing
cedar to waive mitigation measures.) �
On motion by Commissioner Lubin, seconded by Commissioner Beck, and by the
following roll call vote, to wit:
AYES: Co►nmissioners Lubin, Beck, Carr, and Chairperson Keen
NOES: Commissioners Soto and Tappan
ABSENT: Commissioner Deviny
the foregoing Resolution was adopted tl�is 21st day of November, 1995.
ATTEST:
�-,
,
L-u ill Breese, `� nmission Clerk
AS TO CONTENT:
o'c�u.�--
Doreen Liberto-
JohrvICeen, Cha' er"son
ck, Comrnunity Development D