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PC R 14-2207 a RESOLUTION NO. 14-2207 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 13-006; LOCATED AT 228 LE POINT STREET; APPLIED FOR BY ANGELA PLUMMER WHEREAS, the applicant has filed Conditional Use Permit 13-006 to construct a new 2,330 square-foot, mixed-use residence/office on a previously developed parcel in the Village Mixed-Use (VMU) zoning district and within the Historic Character Overlay District (D-2.4); and WHEREAS, the applicant proposes the new residence be designed in the Spanish Eclectic architectural style; and WHEREAS, in accordance with the Design Guidelines and Standards for the Historic Character Overlay District (D-2.4), a conditional use permit is required for proposals involving the use of Spanish Eclectic architecture in the Historic Character Overlay District (D-2.4); and WHEREAS, the applicant has proposed that the existing structure be converted to a secondary unit; and WHEREAS, the applicant has indicated how the property could continue to be converted in the future to allow for commercial uses; and WHEREAS, the Planning Commission has reviewed the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the project is exempt per Section 15332 (In-Fill Development Projects) of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on May 6, 2014; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. 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. RESOLUTION NO. 14-2207 PAGE 2 The proposed development is allowed in the Village Mixed-Use (VMU) zoning district per Section 16.36.030 of the Municipal Code, is consistent with development standards for the VMU zoning district per Municipal Code Section 16.36.020(D), and, based on a recommendation by the Architectural Review Committee, is consistent with the Design Guidelines and Standards for the Historic Character Overlay District (D-2.4) regarding the Spanish Eclectic architectural style. 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 development would not impair the integrity or character of the Village Mixed-Use (VMU) zoning district, as it is consistent with the stated purpose of the VMU zoning district per Municipal Code Section 16.36.020(D) and, based on a recommendation by the Architectural Review Committee, is consistent with the Design Guidelines and Standards for the Historic Character Overlay District (D-2.4) regarding the Spanish Eclectic architectural style. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the proposed development, as the development meets applicable development standards relating to parking, building height, setbacks, and landscaping. Additionally, the site is suitable for the proposed development based on a recommendation by the Architectural Review Committee regarding the design of the structure in the Spanish Eclectic architectural style. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. There are adequate provisions for all utilities and services necessary to ensure public health and safety. 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 will it be materially injurious to properties or improvements in the vicinity as it will comply with all applicable codes, standards, and design guidelines. RESOLUTION NO. 14-2207 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Conditional Use Permit 13-006, as presented to the Planning Commission on May 6, 2014 and as shown in Exhibit "B", on file in the Community Development Department and incorporated herein by this reference as though set forth in full, 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 Goss, seconded by Commissioner Sperow, and by the following roll call vote, to wit: AYES: Goss, Sperow, Keen, Russom, Martin NOES: None ABSENT: None the foregoing Resolution was adopted this 6th day of May, 2014 I ATTEST: agkj - - WackvityA ,, 41) DEBBIE WEICHINGER JE 7 ER ARTIN, CHAIR SECRETARY TO THE COMMISSION AS TO CONTENT: • c-----TERE A MdCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 14-2207 PAGE 4 EXHIBIT `A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 13-006 228 LE POINT STREET This approval authorizes the construction of a 2,330 square-foot single-family residence design in the Spanish Eclectic architectural style, reconstruction of an existing garage in the Spanish Eclectic architectural style, and conversion of the existing residence to a secondary dwelling unit: COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the construction of a new 2,330 square-foot, single-family residence and conversion of existing residence to a secondary rental unit designed for future adaptive reuse. 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 13-006. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of May 6, 2014 and marked Exhibit "B" 5. 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. 6. Development shall conform to the Village Mixed-Use (VMU) zoning district standards except as otherwise approved. 7. All conditions of approval for the project shall be included in construction drawings. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by these conditions. RESOLUTION NO. 14-2207 PAGE 5 9. The applicant shall comply with Development Code Chapter 16.56, "Parking and Loading Requirements". All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. 10. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code. Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 11. 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). 12. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 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 (5') 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. RESOLUTION NO. 14-2207 PAGE 6 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. The applicant 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. 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. 16. 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. 17. The applicant shall construct the ADA ramps under the same building permit and at the same time as the new residence in order to allow access to the commercial component of the structure.. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS GENERAL CONDITIONS: BUILDING CODES 18. The project shall comply with the most recent editions of the California State Fire and Building Codes and the International Building and Fire Codes as adopted by the City of Arroyo Grande. DISABLED ACCESS 19. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 20. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. RESOLUTION NO. 14-2207 PAGE 7 Ill 21. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 22. Project shall have a fire flow based on the California Fire Code appendix III-A. 23. Prior to combustible materials being placed on site, fire hydrants shall be installed & operational, per Fire Department and Public Works Department standards. FIRE SPRINKLERS 24. Prior to Occupancy, all buildings must be fully sprinklered per Building and Life Safety Division and Fire Department guidelines. 25. Provide Fire Department approved access & sprinkler-system per National Fire Protection Association Standards. ABANDONMENT/ NON-CONFORMING 26. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. FEES 27. Pay all required City fees at the time they are due (for your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 28. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 29. Water neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 30. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 31. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 32. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 33. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 34. Strong Motion Instrumentation Program (SMIP) fee and State Green Building fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. RESOLUTION NO. 14-2207 PAGE 8 35. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. 36. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. 37. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. 38. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 39. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 40. Impact fees to specific capital improvement projects as determined by the Director of Community Development. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. RESOLUTION NO. 14-2207 PAGE 9 (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. ENGINEERING DIVISION CONDITIONS GENERAL CONDITIONS 42. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works, the Community Development Director or his/her representative. 43. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) 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 Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside these hours. 44. 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 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. 45. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 46. Existing Arroyo Grande benchmark on the sidewalk at Mason and Le Point will RESOLUTION NO. 14-2207 PAGE 10 need to be relocated. IMPROVEMENT PLANS 58. Landscape and irrigation plans are required within the public right of way. The Public Works Director shall approved the irrigation plan. 59. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 60. The applicant shall be responsible for obtaining an encroachment permit for all work within the public right of way. STREET IMPROVEMENTS 61. All street repairs shall be constructed to City standards. 62. Plans shall include a community mailbox or relocated existing mail boxes across the street. 63. Existing fire hydrant needs to be adjusted to new grade. CURB, GUTTER, AND SIDEWALK 64. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director. 65. Driveways shall be constructed per City Standards. 66. Install ADA compliant facility at the intersection of Mason and Le Point. The existing guy wire will be required to be relocated to the satisfaction of the Public Works Director. 67. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 68. Any sections of damaged or displaced curb, gutter & sidewalk on Mason shall be repaired or replaced to the satisfaction of the Public Works Director 69. Provide detail showing how the existing ADA ramp at the west property corner will not be in the way of the proposed driveway. WATER 70. Residents using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 71. The existing water meter shall be brought up to grade and upgraded to a 1 inch II RESOLUTION NO. 14-2207 PAGE 11 service. SEWER 72. All sewer laterals within the public right of way must have a minimum slope of 2%. Plans shall show proposed sewer lateral connection for both existing and proposed residences. 73. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with the Standard Plans. 74. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to permit issuance. PUBLIC UTILITIES 75. The developer shall comply with Development Code Section 16.68.050: all projects that involve the addition of over 100 sq ft of habitable space shall be required to place service connections underground. 76. All improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Community Development Director for approval. GRADING AND DRAINAGE 77. Submit a preliminary soils report 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. 78. Project shall comply with the Regional Water Quality Control Board Low Impact Development requirements. DEDICATIONS AND EASEMENTS 79. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 80. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent to all street right of. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or facilities. PERMITS 81. The applicant shall be responsible for obtaining an encroachment permit prior to performing any of the following: RESOLUTION NO. 14-2207 PAGE 12 a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. FEES 82. Pay all required City fees at the time they are due. 83. Fees to be paid prior to plan approval: a. Plan Grading Plans Fee: based on an approved earthwork estimate. b. Improvement Plan check for based on an approved construction cost estimate. c. Inspection of subdivision or public works, construction plans based on an approved construction cost estimate. AGREEMENTS 84. Subdivision/Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS 47. The pilaster ledge details shall be removed in favor of a smooth transition detail. 48. No stucco covered Styrofoam shall be included below eight feet (8') due to maintenance and vandalism concerns. £och L•b►' "/3 H G TOLERANT) (N)ROBIUNI PALM(DROUGHT TO-I ([)CREPE MYR •'•UGH7 TOLERANT) (��N LD^ P'Ti ,_ (E)RU' SAGE(DROUGHT TOLL-• Q N m`- _ =data 11 C TURF CALCULATION j f- -=-. z. 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