PC R 94-1465RrSOLUTION NO. 94-1465
A RTSOLUTION OF TIIE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT (P.U.D. PERMI'1� CASE NO.
94-517, AND ASSOCIAT�D ARCIIITCCTURAL R�VIGW 'f0
CREATr A FOUR-UNIT PI,ANNCD UNIT DEVTLOPMENT,
APPLI�D FOR BY KEVIN IIUNSTAD, INC. AT 295
SPRUCE STRECT; ADOPTION OF A NEGATIVE
D�CLARATION WITH MITIGATION MEASURES AND
INSTRUCTION TIIAT TI�E S�CRETARY I'II,E A NOTICE
OF D�TERMINATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-517, and Associated Architectural Review, filed by Kevin
Hunstad, Inc., to create a four-unit planned unit development, in the Condominium/Townhouse
District; and
W�IER�AS,� the Planning Commission has held a public hearing on tl�is application in
accordance with the City Code; and
WH�RTAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and �
WHER�AS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has deter►nined that a Negative Declaration
with mitigation measures can be adopted, and instructs the Secretary to file a Notice of
Determination; and
WI-i�REAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed development is consistent wilti tlie goals, objectives, and programs of t1�e
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 t}�e proposed development is adequate in size and shape to accom►nodate 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 provideci in accordance with the conditions of
the development plan approval, to serve the proposed development; and tl�at tlie
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 healtl�, safety, and welfare.
Resolution No. 94-1465
Conditional Use Pern�it Case No. 94-517 (I'.U.11. Permit) aud
Associated Arcl�itectural Review
Kevin IIunst.ad, Inc.
March 1, 1994
Page 2
5. The proposeci development, as conditioned, will not have a substantial adverse effect on
surrounding property, or the permitted use thereof, and will be compatible with tlie
existing and planneci land use character oE the surrounding area.
6. The improvements required, and tlie manner of development, adequately address all
natural and man-made hazards associated with the proposed development of the project
site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the inteiit of the Planned Unit Developrnent
Provisions by providing a more efficient use of the land and an excellence of design
greater than that which could be achieved through the application of conventional
development standards.
8. . The proposed development co�r�plies with all applicable performance standards listed in
Development Code Section 9-06.050 E.
Architectural Review T lI1CIlIlgS :
1. 1'he proposal is consistent with the "General Architectural Review Guidelines" for the
City of Arroyo Grande.
2.
3.
4.
5.
6.
The proposal is consistent with the text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code.
The proposal will not be detrimental to the health, safety, comfort and general welfare
of the persons working in the neighborhood of the proposed project. '
Tlie general appearance of tlie proposal is in keeping with tl�e cliaracter of the
neighborhood.
The proposal is not detrimental lo the orderly and harmonious development of the City.
The proposal will not impair the desirability of investment or occupation in the
neighborhood.
De�ai�tment of Fish and Garne Required ri�►dings
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act for Parcel Map Case No. 94-
517 and Conditional Use Perrriit Case No. 94-517.
2. I3ased on the initial study, a negative declaration was prepared for review by the public
an review and approval by tl�e Planning Commission.
Resolution No. 94-1465
Conditional Use Permit C�se No. 94-517 (P.U.D. Fermit) and
Associat.ed Arc1►it.ectural Review
Kevin Hunstad, Inc.
March 1, 1994
Page 3
3. After holding a public l�earing pursuant to State and City Codes, and considering tlie
record as a whole, the Planning Commission adopted the negative declaration and found
tl�at there is no substantial evidence of any significant adverse effect, either individually
or on the habitat upon wl�ich the wildlife depends as a result of development of this
project.
NOW, TIIEREFORE, BE I'I' RTSOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said conditional use permit and associated architectural
review, subject to the standard conditions of tl�e City and tl�ose conditions and rnitigations listed
below: .
Geuer�l Condilions
1. The applicant shall ascertain and comply witli all State, County and City.requirements
as are applicable to this project.
2. This application shall automalically expire on Marcl� 1, 1996 unless a building permit is
issued. Thirty (30) days prior to the expiration of the approval, the applicant rnay apply
for an extension of one (1) year from the original date of expiration.
3. Development shall occur in substantial conformance with the plans presented to tlie
Planning Commission at tl�e meeting of March 1, 1994 and marked "Exl�ibit B".
4. The applicant shall agree to defend at his/her sole expense any action brought against tlie
City, its agents, officers, or employees Uecause of the issuance of said approval, or in
tlie alternative, to relinquish sucti 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 suc}i
action. The City ►nay, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of l�is/her obligalions
under this condition.
5. A negalive declaration with mitigation measures has been adopted fvr this project. The
following mitigations sl�all be implemented as conditions of approval and sl�all be
monitored by the appropriate City department or other responsible agency. The
applicant shall be responsible for verification in writiug by the monitoriu�g
department or �gency that. the mitigation measures have been implemenled.
6. The applicant shali comply with all conditions of approval of Parcel Map Case No. 94-
517.
Resolutiou No. 94-1465
Conditional Use Permit Case No. 94-517 (P.U.D. Periuit) and
Associated Archilectural Review
Kevin I�unstad, Inc.
March 1, 1994
P�ge 4
1Vlitigation Measures
7. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, bul are not limited to, low flow shower heads, water
saving toilets, instant water lieaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and so forth.
Monitori��g Dep�rtu�ent: Building Department
Time Frame: During building plan check
8. Prior to final occupancy of any structure, all water conserving designs or fixtures shall
be installed.
Monitoring Department: Builcling Department
Time Fra�ne: Prior to final occupancy
9. All landscaping sl�all Ue consistent with water conservation practices including tl�e use
of drip irrigation, mulch, gravel, and bark. To the greatest extent possible, lawn areas
and areas requiring spray irrigation shall be minimizecl.
Monitoring Deparhnent: Parks and Recreation Department
Time Tr��ne: During building plan check
10. The applicant shall comply wilh the provisions of Ordinance 431 C.S., the Community
Tree Ordinance, and shall comply witli the recommendations of the project arborist,
attached hereto and incorporated herein by reference.
Monitoring Department: Parks and Recreation/Building Department
Time Frame: Prior to and During Construclion
11. Prior to recordation of tt�e parcel map, the developer sliall enter into an agreement with
the City, in a form acceptable to the city attorney, whereby the developer agrees, on
bet�alf of himself and his successors in i�iterest, to pay the City a fee of Four Hundred,
Three Dollars, and Sixty Six Cents ($403.66) per residentia( unit or other such fee as is
currently adopted, for eacl� residential �init prior to issuance of building permits or within
five (5) years of recordation of the parcel map, whichever comes first. (Credit for the
existing house has been applied to lower tl�e fee from tl�e standard fee of $538.22 per
residenlial unit.)
Monitoring Departrneut: Public Works
Ti�ne Fi•a�ne: Prior to Recordation of the Parcel Map/Fees lo be paid prior to
issuance of building permits
12. Fire Department Impact Fees of $750.00 per lot st�all be paid prior to grading. (Credit
shall be given for tl�e exisling I�ouse.)
Monitoring Dep�rtu�ent.: Fire Deparlment
Time Frame: Prior to grading
Resolution No. 9414G5
Conditional Use Permit Case No. 94-517 (P.U.11. Pern�it.) and
Associat.ed Architectural Review
Kevin Hunst.ad, L�c.
Marcl� 1, 1994
Page 5
13. In tlie event lhat during grading, construction or development of tl�e project, any
archaeological resources are uncovered, all work sl�all 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 immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect U�is mitigation.
Monitoring Depart.ment: Building DepartmenVPublic Works Department
Time Frame: Prior to issuance of permits for the note, during cvnstruction for
tl�e balance of the condition.
Planning Depai-tment Conditions
14. Development shall conform with the MF zoning requirements unless otherwise approved.
15. Setbacks, lot coverage, and floor area ratios shall be as stiown on the devel"opment plans,
Exhibit A. �
16. The developer sl�all comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations. "
17. The developer shall comply with Development Code Chapter, 9-15 "Improvements". All
above ground utilities shall be undergrounded.
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I'ublic Works Dep�rtment Co��ditions
19. An improvement plan sliall be prepared by a registered civil engineer to tl�e satisfaclion
of the Director of Public Works prior to the issuance of any permit/approval. The plan
shall include, but not be limited to, all required or necessary grading, drainage, utility,
and street improvements and sliall include such cost estimates, investigations,
calculations, fees, and surety as required by the Director.
20. Curb, gutter and sidewalk improvements shall be provided along the full frontage of the
project.
21. Drainage shall be retained on site to the extent determined to be reasonable by the
Director of Public Works.
Parks �nd Recreat.ion Depart.ment Conditions
22. Landscape and irrigation shall be in substantial conformance with the landscape and
irrigation plans included as part of Exhibit A.
Resolution No. 94-1465
Conditional Use Permit Case No. 94-517 (1'.U.D. Per�nit) and
Associated Arcliit:ectural Review
Kevin Hunstad, Inc.
March 1, 1994
Page 6
�
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23. The developer shall pay park developmer�t fees of $1,252 per unit on 4 units. (Credit
shall be given for the existing house.)
Tire Depai Conditions
24. All houses shall have Class A roofs.
25. Approvecl fire hydrants must be provided every 300 feet with a minimum flow of 1000
GPM.
Building Department Coudilions
26. All pre-existing non-conforming items such as wells, underground tanks, septic systems,
pipes, and etc. sliall be properly abancloned pursuant to applicable agency standards,
prior to recordation of the final map or start of construction, wllichever occurs first.
27. A demolition permit is required for any structures on site.
On motion of Commissioner Soto, seconded by Commissioner Keen, and by the
following roll call vote, to wit:
AYFS: Commissioners Tappan, Soto, Reilly, Hatc}�ett, Keen, and Chairman Can
NO�S: None
AI�SEr1T: Commissioner Deviny ,
the foregoing Resolution was adopted this 1 st day of March, 1994.
ATTFST:
Nancy Bro , Commission Clerk
,
Robert W. Carr, Chairman
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