PC R 94-1491RESOLUTION NO. 94-1491
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT (P.U.D. PERMI� CASE NO.
94-526 AND THE ASSOCIATED ARCHITECTURAL
REVIEW, TO CREAT� A SEV�N-UNIT PLANNED UNIT
DEVELOPMENT, APPLIED FOR BY M.I.C.O., INC. AT 305
ALDER 5TREET; ADOPTION OF A NEGATIVE
DECLARATION WITH MITIGATION MEASURES AND
INSTRUCTfON THAT THE SECRETARY FILE A NOTICE
OF DETERMINATION
WHEREAS, the Planning Commission of the City of
Conditional Use Permit Case No. 94-526 and the Associated
M.I.C.O., _ Inc., to create a seven-unit planned
Condominium/Townhouse District; and
Arroyo Grande has considered
Architectural Review, filed by
unit development, in the
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent witli the
General Plan and the Environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed the draft negative declaration under
the provisions of the California Environmental Quality Act (CEQA); and
WI-iEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
P.U.D. Permit Findings:
1. The proposed development is consistent with the goals, objectives, and programs of the
Arroyo Grande General Plan.
2. The site for the proposed development has adequate access, meaning that the site design
and development plan conditions consider the limitations of existing streets and highways.
3. The site for the proposed development is adequate in size and shape to accommodate said
use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping,
and other features required by the Development Code.
4. Adequate public services exist, or will be provided in accordance with the conditions of
the development plan approval, to serve the proposed development; and that the
approval of the proposed development will not result in a reduction of public services to
properties in the vicinity so as to be a detriment to public health, safety, and welfare.
5. The proposed development, as conditioned, will not l�ave a substantial adverse effect on
surrounding property, or tlle permitted use thereof, and will be compatible with the
existing and planned land use character of the surrounding area.
Resolution No. 94-1491
Coi�ditional Use Pei-�nit C�se No. 94-526
M.I.C.O., Inc.
November 15, 1994
Page Two
�
6. The improvements required, and tlie manner of development, adequately address all
natural and man-made }iazards associated witli the proposed developtnent of the project
site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out tl�e intent of the Planneci Unit Development
Provisions by providing a more efficient use of the land and an excellence of design
greater than ti�at which could be achieved through the application of conventional
development standards.
8. The proposed develvpment complies with all applicable performance standards listed in
- Development Code Section 9-06.050 E.
Department of Fish �nd Game Required Tindings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California �nvironmental Quality Act for Tentative Tract Map No.
2160 and Conditional Use Permit Case No: 94-526.
2. Based on the initial study, a negative declaration was prepared for review by the public
an review and approval by the Planning Commission.
3. Aften c�lding a public hearing pursuant to State and City Codes, and considering the
record as a w}iole, tlie Planning Commission adopted the negative declaration and found
that tliere is no substantial evidence of any significant adverse effect, eitlier individually
or on the habitat tipon which the wildlife depends as a result of development of this
project.
Architectural Review Findings:
1. The proposal is consistent witl� tt�e "General Architectural Review Guidelines" for the
City of Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the healtl�, safety, comfort and general welfare
of the persons working ir� the neighborhood of the proposed project.
4. The general appearance of the proposal is in keeping witli tlie character of tt�e
neighborhood.
5. The proposal is not detrimental to the orderly and harmonious development of the City.
6. Tfie proposal will not impair t}�e desirability of investment or occupation in the
neighborhood.
Resolution No. 94-1491
Conditional Use Pei•mit
M.I.C.O., Inc.
November 15, 1994
Page Three
Case No. 94-526
a- > �,.
NOW, THEREFORE, BE IT RFSOLV�D that the Planning Commission of tt�e City
of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the
Secretary to file a Notice of Determination and approves said conditional use permit and
architectural review, subject to those conditions and mitigations listed below:
General Conditions:
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance wit� the plans presented to the
Planning Commission at the rneeting of November 15, 1994 and marked "Exhibit B".
3. This application shall automatically expire on November 15, 1996 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.
4. 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 sucli approval. The applicant shall reimburse the City, its
agents, officers, or employees, for any court costs and attorne,y'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 sucl� action but such participation shall not relieve applicant of his/her obligations
under this condition.
5.
�
The applicant shall comply with all conditions of approval of Tentative Tract Map No.
2160.
Prior to issuance of a Certificate of Occupancy, the developer shall provide mail
receptacles for the iinits as required by the Postmaster of the Pismo Beach Post Office.
7. A negative declaration with mitigation measures has been adopted for this project. The
following mitigations shall be implemented as conditions of approval and shall be
monitored by the appropriate City department or other responsible agency. Tl�e
applicant shall be respoi�sible for veriCcation in writing Uy the monitoring
department or agency that the mitigation measures have been implemented.
with drought tolerant landscaping and so forth.
Monitoring Department: Building Department
Time Frame: During building plan check
Mitigation Measures
8. All construction shall utilize fixtures and designs which minimize water usage. Sucll
fixtures and designs shall include, but are not limited to, low flow sllower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
Resolution No. 94-1491
Conditional Use Per►nit C�se No. 94-526
M.I.C.O., Inc.
November 15, 1994
' P�ge Four
I�
9. Prior to final occupancy of any structure, all water conserving clesigns or fixtures sl�all
be installed.
Monitoring Department: Building Department
Time Frame: Prior to final occupancy
10. All landscaping shall be consistent with water conservation practices including the use
of drip irrigation, mulch, gravel, and bark. To the greatest extent possible, lawn areas
and areas requiring spray irrigation shall be minimized.
Monitoring Depat Parks and Recreation Department
Time Frame: During building plan check
11. The applicant shall comply with the provisions of Ordinance 431 C.S., the Communi[y
'I'ree Ordinance.
Monitoring Depai Parks and Recreation/Building Department
Time Fi•ame: Prior to and During Construction
12. The applicant shall comply with Ordinance 461 C.S. to mitigate project traffic impacts.
Monitoring Department: Building Department
Time Frame: Prior to Final Inspection and/or issuance of a Certificate of
Occupancy for each residence.
13. Fire Department Impact Fees of $750.00 per lot shall be paid prior to grading or lot
recordation, whichever comes first. (Credit shall be given for the house that was
demolished.)
Monitoring Depai Fire Department
Time Frame: Prior ro gracling or recordation, whichever comes first
14. A certified archaeologist shall monitor initial construction activity causing disturbance of
the ground due to the moderate possibility tliat a prehistoric archaeological site may be
present in the project area. This monitoring would include mechanical clearing of
vegetation, trencliing for foundation footings, sewer and water line trenching, grading
for roads, general property grading, and related sub-surface disturbances.
Monitoring Department: Building Department/Public Works Department
Time Frame: During initial construction.
15. If any significant cultural features (middens, hearths, stone tool production areas, etc.)
or burials are discovered during construction monitoring, these archaeological materials
will require Phase 3 salvage excavations. The applicant st�all pay the costs of all such
excavations and studies.
Monitoring Dep�t Building Department/Public Works Department
Time F�•ame: During construction.
r •;1
Resolution No. 94-1491 . , , , ,,
Conditional Use Pei�rnit Case No. 94-526
M.I.C.O., Inc.
November 15, 1994
Page Five
16. In the event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work sliall be halted until the city has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (781-4513) shall be contacted im►nediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect this mitigation.
Monitoring Department: Building Department/Public Works Department
Time Frame: Prior to issuance of permits for the note, during construction for
the balance of the condition.
Planning Department Conditions:
17. Development shall conform with the MF zoning requirements unless otlterwise approved.
18. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans,
Exhibit B.
19. The developer shall comply with bevelopment Code Chapter 9-15 "Improvements". All
above ground utilities shall be undergrounded.
20. All planted areas along the main project driveway shall be separated from the driveway
and by concrete curbs. Parking areas in front of garages do not need to be separated
from landscaping by a concrete curb.
Public Works Department Conditions
21. An improvement plan shall be prepared by a registered civil engineer to the satisfaction
of the Director of Public Works prior to the issuance of any permit/approval. The plan
shall include, but not be limited to, plan and profile of all required or necessary grading,
drainage, utility, and street improvements and shall include such cost estimates,
investigations, calculations, fees, and surety as required by the Director.
22. Curb, gutter and sidewalk improvements shall be provideci along the full frontage of the
project.
23. All improvement water shall drain to the street. Due to the volume of water that will
be flowing over the driveway, use an under-sidewalk drain to convey water from the
property to tlle street.
24. The applicant shall be reqtiired to pay drainage fees with Uuilding permits or prior to
recordation of the tract map. (Fees shall be calculated by tlle Building Departmeiit.)
25. Submit plans for public improvements along Alder Street. Paving section for
conformance shall be a minimum of 3 inches Type B A.C. over 6 inches of Class II
base.
Resolution No. 94-1491
Coxidit.ional Use Permit C:�se No. 94-526
M.I.C.O., Inc.
November 15, 1994
' ' Page Six
26.
27
All units shall be served witl� City water and sewer. If the sewer line to the project is
a private line, a CC&R for maintenance shall be recorded.
Separate water service stiall be provided to each unit. Meters shall be located at the
street.
Parks and Recreativn Depat-tment Conditions:
28. Developer shall show in landscape plan the location of 36" box specimen Oak tree and
two (2) 15 gallon Oak trees to be planted as mitigation measures for the prior unapproved
removal of a 42" Oak tree.
29. Mitigation for the trees shown to be removed on this plan includes planting:
a) Three (3) 24 inch box Quercus Ilex Oak trees;
b)
c)
Four (4) European White Birch or Flowering Plumb trees (15 gal.).
Some type of s}�rub or small tree on the perimeter of the project to mitigate
removal of the Cyprus Trees.
30. Developer to increase the size of Tree Fern, Heavenly Bamboo, Leather Fern,
Photocarpus, Rl�odadendrum, Rapl�ioliptus, Tea Tree, and Bouganvilla shrubs to 5 gallon
minimum.
31.
32.
33.
34.
35.
Hand trenching will be required for any utilities that must be placed under the dripline
of existing trees.
Pruning of existing Oak trees shall be done by a certified arborist.
The developer shall pay current park development fees.
Include grasscrete or pavers when adjacent to Oak trees (existing) at driveway or parking
areas.
Provide a 5' high protective fence around existing Oak trees prior to gradit�g and
conform to all tt�e conditions of t}ie community tree ordinance, 431 C.S..
Fire Department Conditions:
36. All addresses shall be visible at the street prior to issuance of a Certificate of Occupancy.
37.
38.
Access shall comply with the most recent editions of tf�e State Fire Code.
All roofs shall be Class "A".
�
�-
Resolution No. 94-1491
Conditional Use Perinit Case No. 94-526
M.I.C.O., Inc.
November 15, 1994
' ' Page Seven
Building Department Conditions:
39. All pre-existing non-conforming items such as wells, underground tanks, septic systems,
pipes, and etc. shall be properly abandoned pursuant to applicable agency standards,
prior to recordation of the final map or start of construction, whichever occurs first.
On motion of Commissioner Tappan, seconded by Commissioner Carr; and by the
following roll call vote, to wit:
AYES: Commissioners Tappan, Carr, Deviny and Chairperson Keen
NOES: None
ABSENT: Commissioners Soto and Hatchett
the foregoing Resolution was adopted this 15th day of November, 1994.
A1 TEST:
Nancy Brown ommission Clerk
�
/ ,
�i��� � �.
• • �- �'
1