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PC R 06-1999RESOLUTION NO. 06-1999 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP 06-001 AND PLANNED UNIT DEVELOPMENT 05-010; LOCATED AT 1136 EAST GRAND AVENUE; APPLIED FOR BY BILL SADEK WHERAS, the applicant has filed Tentative Tract Map 06-001 to subdivide 0.9 acres located at 1136 East Grand Avenue; and WHEREAS, the applicant has filed Planned Unit Development 05-010 to convert an existing single-family home into an office use and construct eight (8) townhouses in conjunction with Tentative Tract Map 06-001; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map 06-001 and Planned Unit Development 05-010 (`Exhibit B') at a public hearing on May 2, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the Draft Mitigated Negative Declaration with 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, that the following circumstances exist: Tentative Tract Map Findings 1. The proposed tentative tract map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title. The proposed tenfative tract map would allow the site to be developed at a density and with uses that are consistent with the City's General Plan Land Use Element. The proposed tentative tract map includes a publicly accessible pedestrian trail linking East Grand Avenue to Linda Drive, consistent with the Fair Oaks Mixed-Use (FOMU) Concept Enhancement Plan, as illustrated in The Design Guidelines and Standards for Mixed-Use Districts. 2. The site is physically suitable for the type of development proposed. The project site is surrounded by urban development including single-family, multi- family and commercial uses and would be developed to provide adequate parking, circulation, building separation and open space. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 2 3. The site is physically suitable for the proposed density of development. The project site is 0.9 acres in size and relatively flat, with an equivalent density of twelve (12) units, the proposed density is between the minimum required density of 8.5 units and the maximum allowed density of 22.5 units. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the tract map will not cause any environmental damage nor will it injure either fish or wildlife or their habitat, as there is no significant habitat value to the project site. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause any serious public health problems. 6. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public-at-large for access through, or use of, property within the proposed tentative tract map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. The design of the tentative map will not conflict with any public easements; the property has access to two (2) public streets: East Grand Avenue and Linda Drive. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7(commencing with Section 13000) of the California Water Code. The subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. The tentative tract map is located adjacenf to all necessary public facilities and will not negatively affect the adequacy of those facilifies. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAG E 3 Planned Unit Development Findings That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; The proposed development achieves a mix of uses and a residential density consistent with the City's General Plan Land Use Element. The proposed development also includes a publicly accessible pedestrian trail linking East Grand Avenue to Linda Drive, consistent with the FOMU Concept Enhancement Plan as illustrated in The Design Guidelines and Standards for Mixed-Use Districts. 2. That the site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required; The proposed development provides more open space than required for a mixed- use project but less than required for a residential PUD. Based on the number and size of the residential units and the required off-street parking that is provided by the proposed development, the amount of open space will accommodate the use. The range of setbacks provided for in the proposed development are consistent with those allowed in the Fair Oaks Mixed-Use (FOMU) zoning district and are compatib/e with surrounding uses. 3. That 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; Two public streets, East Grand Avenue and Linda Drive, will serve the project sife; the project will not generate a substantia/ number of either daily or peak-hour vehicle trips. 4. That adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; 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; The proposed development is located adjacent to or in close proximity to all necessary public services; the proposed development will not cause a reduction in these services to other properties in the vicinity so as to be a detriment to public health, safety or welfare. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAG E 4 � 5. That the proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area; The proposed development is consistent with the use and density as described in the Land Use Element of fhe General Plan and is compatible with and complimentary to surrounding uses. 6. That the improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards; There is minimal hazard risk on the project site, limited only to possible seismic events; the project will provide on-site retention of stormwater to minimize flooding hazards. 7. The proposed development carries out the intent of the planned unit development 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; The proposed development provides a more e�cient use of the land than could be achieved through the strict application of the Fair Oaks Mixed-Use (FOMU) zoning district by allowing the property to be subdivided in a manner consistent with and reflective of allowed density. 8. The proposed development complies with all applicable perFormance standards listed in Section 16.32.050(E). As designed, the proposed development complies with the City's performance standards for planned unit developments. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Tract Map 06-001 and Planned Unit Development 05-010, 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 Brown, seconded by Commissioner Tait, and by the following roll call vote, to wit: RESOLUTION NO. 06-1999 TTM 06-001 � PUD 05-010 PAGE 5 AYES: Commissioners Brown, Tait, Ray and Chair Fellows NOES: None ABSENT: Commissioner Parker the foregoing Resolution was adopted this 2� day of May, 2006. ATTEST: � LYN REARDON-SMITH, CHUCK FELLOWS, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: - /�_ � �.�=1� a�iv . � : . . .- - . - .- RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 06-001 AND PLANNED UNIT DEVELOPMENT 05-010 1136 EAST GRAND AVENUE This approval authorizes the subdivision of 0.9 acres into ten (10) lots, conversion of an existing single-family home to an office use, and construction of eight (8) townhouses at the property located at 1136 East Grand Avenue. • ii ►i ► � • • ►i ► � ' - : ►�il�►�� ► �� •►� •► The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Tentative Tract Map 06-001 and Planned Unit Development 05-010. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of May 2, 2006 and marked Exhibit �� 4. The applicant shall agree to 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 anyway 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 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. 5. Development shall conform to the Fair Oaks Mixed-Use (FOMU) zoning requirements except as otherwise approved. ► •►:: .• ►e� 6. The applicant shall restrict the equivalent of either one (1) or 1.5 residential units to the affordable housing standards established by the Count�r of San Luis Obispo for the moderate-income category. This dedication shall be achieved through a housing development agreement in a form approved by the City and RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAG E 7 shall be entered into between the City and the applicant prior to final approval of the map. This agreement shall set forth the provision to require a designated residence be sold to a qualified moderate-income household as certified by the Housing Authority of San Luis Obispo or such other authority approved by the City Council and shall remain affordable for a period of not less than 30-years. If the equivalent of one (1) unit is deed restricted, the applicant shall pay an inclusionary housing in-lieu fee equivalent to 0.65 units; if the equivalent of 1.5 � units is deed restricted, the applicant shall pay an inclusionary housing fee of 0.15 units. This fee shall be calculated as established by the City Council at the time of building permit �issuance. ►� � • ► ►� � : 7. The project shall comply with all mitigation measures contained in the Mitigated Negative Declaration prepared for the project and adopted by the Planning Commission, incorporated herein by reference. :: . :_ : � •►�►� 8. Parking space #3 shall be eliminated on the final project plans and replaced with landscaping. 9. The final site and landscape plans shall be revised to incorporate the enhancements as illustrated in Exhibit "C", subject to review by the ARC and approval of the Community Development Director. 10. The elevations shall be revised to incorporate a consistent window treatment throughout the project, subject to review by the ARC and approval of the Community Development Director. ' � •►� •► 11 `�a The applicant shall complete all required ADA and parking lot improvements for Lot 10 prior to issuance of building permits for Lots 1— 9. Vehicular access to Linda Drive shall be restricted to emergency only Fire Department Access, to the satisfaction of the Fire Chief. 13. Where new shared access would provide a mutual benefit to the development (redevelopment) of Parcel `B' and the property immediately adjacent to the west � (APN 077-113-015), the 20' wide access easement to East Grand Avenue located on the eastern portion of Parcel `B' may be relocated to the western portion of Parcel 'B', subject to the request of the property owner of Parcel `B' and approval by the City of Arroyo Grande. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAG E 8 ' � •:. � '': ►� ► ' � •►� •► 14. Prior to issuance of a grading permit, the applicant shall submit a copy of the Certificate of Destruction from the San Luis Obispo County Health Department for the on-site well. 15. 16. 17. 18. 19. 20. 21. 22, The applicant shall pay the proportionate share to the following wastewater capital improvement projects: ■ Ash Street Upgrade (1.52%) The project shall dedicate the appropriate public water easements for all water lines and hydrants. The project shall install additional sewer mains as necessary to serve the project. All sewer mains shall be a minimum of 8" in diameter with a minimum slope of 0.5%. All sewer main intersections, grade breaks and directional changes shall occur at manholes. The project will install mains on-site as necessary to serve the units and fire hydrants. The project will install fire hydrants to Public Works and Fire Department requirements. All new water mains shall be a minimum of 8" in diameter. ► : : • ► � �7�I.y 23. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 24. Perform construction activities during normal business hours (Monday through Friday, 7 AM to 5 PM) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work performed outside of these hours. r--, � RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 9 ►� � : • ►� ► � � ► 25. 26 All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Submit four (4) full-size paper copies and one (1) full-size Mylar copy of approved improvement plans for inspection purposes during construction. 27. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of Mylar prints and an electronic version on CD in AutoCAD format shall be required. : � . 30 The following improvement plans shall be prepared by a registered civil engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Any other improvements as required by the Director of Public Works. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 31. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Facilities Departments. In addition, the Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. � ' _ . 32. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 10 33 34 35. All units to be sprinklered shall have individual water services. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either of the following: a. Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low-flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR b. The applicant may pay an in-lieu fee of $2,200 for each new residential unit (or equivalent). �— - _ � : 36 37 38 All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to issuance of building permit. = � � .� 41. 42 Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. The applicant shall pay a utility undergrounding in-lieu fee for existing overhead utilities along the project frontage. Submit all improvement plans to he public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. All utility companies shall sign the improvement plans prior to final submittal. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 11 STREETS 43. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 44. All street repairs shall be constructed in accordance with the City Street Cut Policy. 45. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. :: : �►� � � � . 46. 47. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. ;_� ► 48. 49. 50. 51. Perform all grading in conformance with the City Grading Ordinance. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed to City standards. The applicant shall prepare an erosion control plan for review and approval prior to issuance of a grading permit. The applicant shall obtain a WDID No. from the Regional Water Quality Control Board prior to issuance of a grading permit. ��. �. 52. 53. All drainage facilities shall be designed to accommodate a 100-year storm flow. All drainage facilities shall be in accordance with the Drainage Master Plan. 54. Prior to issuance of a grading permit, the applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide an on-site retention system, to the satisfaction of the Director of Public Works. � � : •► :► � : ►� ► 55. All easements, abandonments, or similar documents to be recorded as a document shall be prepared by the applicant on 8'/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 12 56 57 preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. Street tree planting and maintenance easements shall be dedicated a minimum of 10 feet adjacent to all street right of ways. A blanket Public Utility Easement (PUE) shall be dedicated over the project d riveways. ' : ► � �y F'f:3 59. EE�� 60. 61. Obtain an encroachment permit prior to performing any of the following: ■ Performing work in the City right of way, ■ Staging work in the City right of way, ■ Stockpiling material in the City right of way, ■ Storing equipment in the City right of way. Obtain a grading permit prior to commencement of any grading operations on the site. Pay all required City fees at the time they are due. Fees to be paid prior to plan approval: ■ Map check fee, ■ Plan check fee for grading plans based on an approved earthwork estimate, � Plan check fee for improvement plans based on an approved construction cost estimate ■ Permit fee for grading plans based on an approved earthwork estimate, ■ Inspection fee of project or public works construction plans based on an approved construction cost estimate. � : 11 ► 58. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 59. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 PAGE 13 60. Easement Agreement: the applicant shall enter into an easement agreement with the City for the relocation of the existing sewer main prior to approval of the improvement plans. ►I ' : • ►I ► : � �� 63. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all improvements. This bond is required prior to acceptance of the improvements. • . : �• ►� ► � •► 64 65. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the plans. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to checking the final submittal of the map. 66. CC&R's: The applicant shall submit detailed CC&R's covering the maintenance of all commonly owned facilities subject to review and approval by the Director of Public Works and the City Attorney. �: •: • ► � : � ► ' :►� 67. The final map shall be recorded with all pertinent conditions of approval satisfied. �: •: • ► � : : • • '�►� .• .: All utilities shall be operational. All essential project improvements shall be constructed prior to occupancy. Non- RESOLUTION NO. 06-1999 TTM 06-001 8� PUD 05-010 PAGE 14 essentail improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. 70. Prior to the final 10% of occupancies for the project are issued; all improvements shall be fully constructed and accepted by the City. � ► '►• : � '': ►� ► ► :_ •►� •► 71. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 72. 73 74 The project shall provide complete compliance with State and Federal disabled access requirements. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. The project shall have a fire flow based on the California Fire Code Appendix III- A. 75. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. Location to be on the north side of Nelson, mid-block at the direction of the Fire Chief. 76 77. : Prior to occupancy, the applicant shall provide an approved "security key vault", per Building and Fire Department Guide�ines. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards (NFPA 13 system). 79. 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, underground piping and other undesirable conditions. RESOLUTION NO. 06-1999 TTM 06-001 8� PUD 05-010 PAGE 15 80. Prior to issuance of a building permit, a demolition permit must be issued. Development fees resulting from demolition will be appropriately credited to the property. • . : . ..: • _ 81. FFF�. 82. 83. 84. 85. 86. 87. 88. Any review costs generated by outside consultants shall be paid by the applicant. Water meter, service main, distribution and availability fee; to be based on codes and rates in effect at the time of building permit issuance. Water neutralization fee; to be based on codes and rates in effect at the time of building permit issuance. Traffic impact fee; to be based on codes and rates in effect at the time of building permit issuance. Traffic signalization fee; to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up and facility permit fee; to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, to be based on codes and rates in effect at the time of building permit issuance. Building permit fees; to be based on codes and rates in effect at the time of building permit issuance. 89. Strong Motion Instrumentation Program (SMIP) fee; to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. .� Park development fee; to be based on codes and rates in effect at the time of building permit issuance. 91. Park improvements fee; to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 06-1999 TTM 06-001 & PUD 05-010 � : PAGE 16 � 92. Street trees fee; to be based on codes and rates in effect at the time of building permit issuance. 93. Community centers fee; to be based on codes and rates in effect at the time of building permit issuance. 94. Fire protection fee; to be based on codes and rates in effect at the time of building permit issuance. 95. Police facilities fee; to be based on codes and rates in effect at the time of building permit issuance. 96. Affordable housing in-lieu fee, as conditioned for this project. ,�.