O 437 C.S.
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109
ORDINANCE NO. 437 C.S.
AN ORDINANCE OF THE CITY COUNCn. OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION,
INSTRUCTING THE CITY CLERK TO F1LE A NOTICE OF
DETERMINATION, AND APPROVING AN AMENDMENT TO
ORDINANCE NO. 420 C.S. ON PROPERTY LOCATED AT 1400
FARROLL A VENUE, APPLIED FOR BY HERB PHllLIPS
WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing
to consider an amendment to Ordinance No. 420 C.S.; and
WHEREAS, the City Council did consider said proposed amendment to modify
Exhibit. A. and modify Section 6 of Ordinance 420 C.S., .Conditions of Approval; and
WHEREAS, the City Council has held the required public hearing on the proposed
amendment; and
WHEREAS, the proposed development was reviewed in compliance with the
requirements of the California Environmental Quality Act (CEQA), and the City Council
finds that the project would result in no significant effect on the environment provided that
the mitigation measures are implemented, and therefore, the adoption of a Negative
Declaration is appropriate; and
WHEREAS, the City Council has found that this project is consistent with the
General Plan; and
WHEREAS, after due study and deliberation, the City Council finds that the public
interest and general welfare does require such an amendment; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
1. The proposed zone change and development plan is consistent with the General Plan
designation of low density residential (0.2-4.5 dwelling units per acre), as the
applicant is proposing a density of 3 dwelling units per acre;
2. The subject site is adequate in size and shape by itself to accommodate the reasonable
requirements of residential development;
3. The proposed zone change and development plan is reasonable and beneficial at this
time to serve the city because the applicant will build the extension of Oak Park
Boulevard, and adequate services are available to serve the project;
4. The proposed zone change and development plan would not adversely affect the
/"' surrounding property because it is consistent with the adjacent uses and densities;
5. The project should not have an adverse impact on the environment provided the
mitigation measures are adopted and implemented;
6. The adverse impacts on traffic shall be mitigated by the applicant paying to the City a
traffic mitigation fee as set forth in Ordinance 420 C.S. and by the provision of traffic
improvements as set forth in Ordinance 420 C.S.
7. Any adverse impacts on air quality are mitigated by the provision of alternate access
as set out in paragraph 22 of Section 6, Subsection D in Ordinance 420 C.S. and by
the landscaping conditions set forth in Ordinance 420 C.S.
8. The adverse impacts on water are mitigated by the reduction in domestic water
demand for this project as set out in paragraph 9 of Section 6, Subsection A, in
Ordinance 420 C.S.
9. The proposal will produce a desirable and livable community.
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110 ORDINANCE NO. 437 C.S.
NOW, TIIEREFORE, THE CITY COUNCIL OF mE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
Section 1. That the above statements constitute the findings of the City Council on this
matter.
Section 2. That the zoning map of the City of Arroyo Grande be amended, on that property
identified as Lot 14 of Pismo Beach Gardens, in the City of Arroyo Grande, County of San
Luis Obispo, State of California, also known a APN 77-251..()4, as shown on Amended
. Attachment A. attached hereto.
Section 3. A Negative Declaration with mitigation measures is adopted for this ordinance
and the City Clerk is instructed to file a Notice of Determination.
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Section 4. That the amended development Plan submitted by the project applicant is
conditionally approved and adopted subject to all the conditions of Ordinance 420 C.S.
except as amended in Section 5, herein below.
Section 5. Amended Conditions of Aooroval
A. Mitigation Measures
3. The developer shall construct a solid fence, six feet (6') high, along the entire
eastern boundary of Dixson Street and the eastern property lines of lots 20 and
30. C. C. & R's shall be recorded concurrently with the final map that
require fence heights to be reduced on lots 20 and 30 to three (3) feet within
the required street setback if the internal streets are extended into the adjacent
parcel.
Monitoring Department: Planning Department
Time Frame: Prior to final acceptance of tract improvements.
4. The developer shall notify potential buyers of lots within the development of
the consequences of existing and potential agricultural operations on adjacent
parcels, including but not limited to dust, noise, odors and agricultural
chemicals.
Monitoring Department: Planning Department
Time Frame: Prior to Recordation of the final map the applicant shall
submit a draft copy of the C.C. & R's showing
implementation of this mitigation measure.
8. A one foot (1 ') access denial strip or relinquishment of all rights of access
shall be required on all lot frontages adjacent to FarraU Avenue and Oak: Park
Boulevard.
Monitoring Department: Public Works Department 1
Time Frame: Prior to recordation of the final map.
B. General Conditions
11. Development shall occur in substantial conformance with the plans presented
to the City Council at their meeting of March 12, 1991 and marked Amended
Exhibit . A . .
C. Planning Department Conditions
13. The developer shall construct wood fences with slump stone pillars at the
property line along Oak Park Boulevard, and along Farran Avenue. Said
walls shall be a maximum of six (6) feet high and all block shall be treated
to resist graffiti. The fences shall be reduced in height to three feet (3') within
twenty feet of the intersection of Oak Park Boulevard and Dixson and Noe
Streets. Installation of walls. shall not impair sight distance as defined in the
State Standard, Topic 405.
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. ORDINANCE NO. 437 l'f1
l3a. The developer shall construct a solid fence, six feet (6') high, along the entire
western tract boundary prior to final acceptance of tract improvements.
14. The street section for Oak Park Boulevard shall have a 100 foot wide right-of-
way with a center median, at least two driving lanes in each direction,
meandering sidewalks, and concrete curb and gutter. The applicant shall
landscape the median strip and the landscaping area adjacent to the meandering
sidewalk.
l4a. Farroll Avenue paved width shall be 36 feet minimum, constructed to a 1/2 i
width section of a 64 foot right of way with a six foot PUE and street tree
easement. The walls referenced in condition of approval 113 shall vary in
location from the ROW line to the back of the street tree easement, subject to
the approval of the Director of Parks and Recreation.
l4b. Prior to recordation of the final map, the applicant shall request the Parking
and Traffic Commission to red curb the project frontage on Farroll Avenue
and Oak Park Boulevard.
20. The CC&R's shall stipulate that the houses constructed on lots 2 through 4
shall be limited to single story construction and shall be required to obtain a
Viewshed Review Permit for any construction exceeding 15 feet in height
above the natural grade of the lot.
21. The minimum rear yard setback for Lots 3 through 8 shall be 15 feet except in
the case where a Viewshed Review Permit is obtained, in which case the
setback may be increased as a condition of said permit.
D, Public Works Department Conditions
22. The Developer shall design and construct temporary access including signage,
(Sign Permits required) to Soto Park Complex. The developer shall also
design the final access considering median design for traffic on Oak Park
Boulevard.
24. The lots designated drainage basin for Tract 1769 shall be designed to carry
public improvement water for the tract.
24a. Lot drainage shall be retained on individual lots.
24b. The design and materials of the drainage basin screening shall be subject to
review by the Architectural Advisory Committee and approval of the Planning
Commission prior to recordation of the final map.
E. Fire Department Conditions
25. Fire hydrants shall be placed in the locations listed below:
b. Southwest corner of Oak Park Boulevard and Noe Street
c. Lot #9 on Noe Street
d. Lot #20 on Dixson Streets
e. Lot #29 Dixson Street
f. Lot 116 on corner of Oak Park Boulevard
Fire flows to be 1250 GPM (gallons per minute) at 20 pounds residual I
I
pressure.
27. The applicant shall provide a minimum turn around radius of 35 feet at the end
of Dixson Street. As an alternative, the applicant may provide a hammer-head
turn around or emergency drive through to the satisfaction of the Fire
Department.
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112 ORDINANCE NO. 437 C.S.
F. Parks and Recreation Department Conditions
28. The developer shall meet all park development requirements fees or land in
lieu or construction in lieu in accordance with master plan and development
fees in effect at time of recordation.
30. The developer shall construct a six (6) foot high (measured from the project
side) masonry wall on the property line separating the Soto Sports Complex
from houses. The wall shall be treated on the City side to resist graffiti.
30a. All walls used in the development shall be visually compatible in materials and
appearance subject to approval of the Director of Planning.
32. Concurrently with recordation of the final map, an assessment district shall be
formed, in a manner approved by the Directors of Public Works and Parks and ""\
Recreation and the City Attorney. for the purpose of funding maintenance of
landscaping and drainage basins.
Section 6. This ordinance shall be in full force and effect thirty (30) days after its passage;
and within fifteen (15) days after its passage. it shall be published once, together with the
names of the City Council Members voting thereon, in a newspaper of general circulation
within the City.
On motion by Council Member Smith, seconded by Council Membcr Dougall, and
on the following roll call vote, to wit:
AYFS: Council Members Smith, Dougall, Olsen, Moots and Mayor Millis
NOFS: None
ABSENT: None
the eoreg"'" 0_ .., """"" "'" ,.., day of _. '~
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ATIEST:
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NANCY A. A VIS. CITY CLERK
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APPROVED AS TO FORM:
I, A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify under penalty
of perjury that the foregoing Ordinance No. 437 C.S. is a true, full
and =rrect copy of said Ordinance passed and adopted at a regular meeting
of said Council on the 26th day of March, 1991.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 5th day of April, 1991.
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CITY CLERK
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