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PC R 15-2233RESOLUTION NO. 15 -2233 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP 15 -001 AND CONDITIONAL USE PERMIT CASE NO. 15 -005; LOCATED AT THE NORTHWEST CORNER OF BENNETT STREET AND LINDA DRIVE; APPLIED FOR BY THE BURKE FAMILY TRUST WHEREAS, the applicant has filed an application for Vesting Tentative Parcel Map 15- 001 to subdivide a vacant lot into four (4) lots in the Fair Oaks Mixed -Use zoning district; and WHEREAS, the applicant has filed Conditional Use Permit 15 -005 to construct a five (5) unit multi - family residential development; 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 found and determined that the project is exempt per Section 15332 (In -Fill Development) 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 August 18, 2015; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings: 1. The proposed tentative parcel 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 tentative parcel map would allow the site to be developed with an allowable use and at a density that is consistent with Section 16.36.020 of the Municipal Code and the Land Use Element of the City's General Plan. 2. The site is physically suitable for the type of development proposed. The site is currently undeveloped and is of an adequate size and shape to accommodate the development of the proposed five (5) unit multi - family residential project proposed in conjunction with the subdivision. RESOLUTION NO. 15 -2233 PAGE 2 3. The site is physically suitable for the proposed density of development. The project proposes to divide the existing property into four (4) parcels for the development of the proposed five (5) unit multi - family residential project proposed in conjunction with the subdivision, which meets all applicable development standards of the Fair Oaks Mixed -Use (FOMU) zoning district when a conditional use permit is concurrently approved. 4. The design of the tentative parcel 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 parcel map will not cause substantial environmental damage nor will it injure either fish or wildlife or their habitat, as the site has previously been disturbed and is located in an urbanized area. 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 due to being in compliance with applicable development standards of the Arroyo Grande Municipal Code. 6. The design of the tentative parcel 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 parcel 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 parcel map has been reviewed by appropriate City Departments and will not conflict with any public easements. 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 by Division 7 (commencing with Section 13000) of the California Water Code. Conditions of approval ensure that 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 parcel map to support project development. RESOLUTION NO. 15 -2233 PAGE 3 The project is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities. 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. Multi- family housing not located within a mixed -use project is allowed in the FOMU zoning district per Section 16.36.030 of the Municipal Code and is consistent with development standards for the FOMU zoning district per Municipal Code Section 16.36.020 with the approval of a conditional use permit. 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 multi - family housing project is allowed in the FOMU zoning district and will not impair the integrity and character of the district as it is consistent with the General Plan and all applicable development standards of the Municipal Code. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the five -unit multi - family residential project as the development meets all applicable development standards in conjunction with approval of the conditional use permit. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The project is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities. 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 design of the proposed multi - family residential project will not cause any serious public health problems due to being in compliance with applicable development standards of the Arroyo Grande Municipal Code. RESOLUTION NO. 15 -2233 PAGE 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Vesting Tentative Parcel Map 15 -001 and Conditional Use Permit 15 -005, as presented to the Planning Commission and shown in Exhibit "B ", attached hereto 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 Martin, seconded by Commissioner George, and by the following roll call vote, to wit: AYES: Martin, Fowler- Payne, George NOES: Mack ABSENT: Keen the foregoing Resolution was adopted this 18th day of August 2015. ATTEST: O DEBBIE WEICHINGERY SECRETARY TO THE COMMISSION AS TO CONTENT: TERE�X MCCLISH COMMUNITY DEVELOPMENT DIRECTOR LAN�OR E, CHAIR RESOLUTION NO. 15 -2233 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP 15 -001 & CONDITIONAL USE PERMIT CASE NO. 15 -005 NORTHWEST CORNER OF BENNETT STREET AND LINDA DRIVE This approval authorizes the subdivision of one (1) 17,535 square foot lot into four (4) lots for the development of a five (5) unit multi - family residential development. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. 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 Vesting Tentative Parcel Map Case No. 15 -001 and Conditional Use Permit Case No. 15 -005. 3. Development shall conform to the Fair Oaks Mixed -Use requirements except as otherwise approved. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 18, 2015 and marked Exhibit "B" 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. All conditions of approval shall be printed on construction plans and included in construction drawings 7. This approval shall expire on August 18, 2017 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, including those specifically modified by these conditions. 9. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code. Construction activities RESOLUTION NO. 15 -2233 PAGE 6 shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 10. 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. 11. 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. AESTHETICS 12. For projects approved with specific exterior building colors, the developer 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. 13. All electrical panel boxes shall be installed inside the building or in a manner that is screened from view. SUBDIVISION CONDITIONS 14. The applicant shall comply with Development Code Chapter 16.20 "Land Divisions ". 15. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations ". 16. The developer shall comply with Development Code Chapter 16.68 "Improvements ". 17. The applicant shall submit Covenants, Conditions and Restrictions (CC &R's) that are reviewed and approved by the City Attorney and recorded prior to or concurrently with the final map. At a minimum, the CC &R's shall: a. Provide for maintenance of the driveways, common areas, and other facilities; b. Prohibit additions to the units; c. Require garages to be kept clear for parking cars at all times; and d. Inform residents of the water conservation requirements placed on this project. RESOLUTION NO. 15 -2233 PAGE 7 18. A joint maintenance agreement for the common landscape, drainage and access driveway shall be submitted for review and approval of the City Attorney. The joint maintenance agreement shall be recorded prior to or concurrently with the final map. LIGHTING 19. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be of energy efficient material (e.g., LED) BUILDING AND LIFE SAFETY DIVISION BUILDING CODES 20. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 21. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 22. All fire lanes must be posted and enforced, per Fire Department guidelines. FIRE FLOW /FIRE HYDRANTS 23. The project shall have a fire flow in accordance with the California Fire Code. 24. The new fire hydrant shall be per City Standards. FIRE SPRINKLER 25. All buildings must be fully sprinklered per Building and Life Safety Division guidelines and per the California Fire Code. ABANDONMENT /NON- CONFORMING 26. Prior to map recordation, 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. SPECIAL CONDITIONS 27. One week prior to scheduling of final inspection or any issuance of certificate of occupancy, a project inspection by the Building, Planning and Engineering Divisions and Public Works Department is required. RESOLUTION NO. 15 -2233 PAGE 8 C C C Q 28. 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). 29. Water Meter, service main, distribution, and availability fees. 30. Water neutralization fee. 31. Traffic Impact fee. 32. Traffic Signalization fee. 33. Sewer hook -up & facility fees. 34. Building Permit fees. 35. Strong Motion Instrumentation Program (SMIP) fee and State Green Building fee. 36. Park Development fee. 37. Park Improvements fee. 38. Community Centers fee. 39. Fire Protection fee. 40. Police Facilities fee. 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: RESOLUTION NO. 15 -2233 PAGE 9 (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. (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 Post Construction Stormwater Requirements Performance Requirement No. 1 : Site Design and Runoff Reduction Projects that create and /or replace 2,500 square feet or more of impervious surface must: 1) Limit disturbance of creeks and natural drainage features. 2) Minimize compaction of highly permeable soils. 3) Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection. 4) Minimize impervious surfaces by concentrating improvements on the least - sensitive portions of the site, while leaving the remaining land in a natural undisturbed state. 5) Minimize stormwater runoff by implementing one or more of the following site design measures: a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas safely away from building RESOLUTION NO. 15 -2233 PAGE 10 foundations and footings, consistent with California building code. c. Direct runoff from sidewalks, walkways, and /or patios onto vegetated areas safely away from building foundations and footings, consistent with California building code. d. Direct runoff from driveways and /or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California building code. e. Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces. 6) Define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed. 7) Conserve natural areas, including existing trees, other vegetation, and soils. 8) Limit the overall impervious footprint of the project. 9) Set back development from creeks, wetlands, and riparian habitats. 10) Conform the site layout along natural landforms. 1 1) Avoid excessive grading and disturbance of vegetation and soils. Performance Requirement No. 2: Water Quality Treatment Projects that create and /or replace 5,000 square feet or more of impervious surface must treat stormwater runoff from existing, new, and replaced impervious surfaces on sites where runoff from existing impervious surfaces cannot be separated from runoff from new and replaced impervious surfaces. Water Quality Treatment must be treated onsite using the measures listed below, in order of preference. 1) Harvesting and use, infiltration, and evapotranspiration designed to retain stormwater runoff equal to the volume of runoff generated by the 85th percentile 24 -hour storm event, of 1 inch. 2) Biofiltration treatment systems with the following design parameters: a) Prevent erosion, scour and channeling within the biofiltration treatment system based on the flow of runoff produced from a rain event equal to 0.2 inches per hour intensity. b) Minimum surface reservoir volume equal to the biofiltration treatment system surface area times a depth of 6 inches. C) Minimum planting medium depth of 24 inches. The planting medium must sustain a minimum infiltration rate of 5 inches per hour throughout the life of the project and must maximize runoff retention and pollutant removal. A mixture of: i) Sand - 60% to 70% meeting ASTM C33. ii) Compost - 30% to 40% may be used. d) Proper plant selection. e) Subsurface drainage /storage (gravel) layer with an area equal to the biofiltration treatment system surface area and having a minimum depth of 12 inches. f) Underdrain with discharge elevation at top of gravel layer. g) No compaction of soils beneath the biofiltration facility (ripping /loosening of soils required if compacted). h) No liners or other barriers interfering with infiltration, except for situations where lateral infiltration is not technically feasible.. RESOLUTION NO. 15 -2233 PAGE 11 3) Non - Retention Based Treatment Systems must collectively achieve at least one of the following hydraulic sizing criteria: a) Hydraulic Sizing Criteria for Non - Retention Based Treatment Systems: i) Volume Hydraulic Design Basis must be based on the 85th percentile 24 -hour storm event of 1 inch. ii) Flow Hydraulic Design Basis must be based on the flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. GENERAL CONDITIONS 41. 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. 42. 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 of these hours. 43. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 44. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD as well as PDF format shall be required. Record Drawings ( "as- built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 45. Submit three (3) full -size paper copies for inspection purposes during construction to the City Engineer. 46. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie -out survey monuments or vertical control bench marks within 24 inches of work. Should any existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the RESOLUTION NO. 15 -2233 PAGE 12 project acceptance or sign off of the Encroachment Permit. IMPROVEMENT PLANS 47. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works or Community Development 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. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks, no larger than 24" x 36 ") g. Provide Construction Estimate of all public improvements using unit construction cost as provided by the County of San Luis Obispo. 48. 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 and dimension of all existing and proposed paved areas. c. The location of all existing and proposed public or private utilities. d. Provide plan and profile with grades for all curb, gutter and sidewalk installations. 49. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 50. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right -of -way (City or Caltrans). STREET IMPROVEMENTS 51. 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. 52. All street repairs shall be constructed to City standards. CURB GUTTER AND SIDEWALK 53. Install new concrete curb, gutter, and sidewalk as directed by the Public Works Director. 54, Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. All driveway approaches must provide ADA compliant walkway. RESOLUTION NO. 15 -2233 PAGE 13 55. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 56. At time of Building Permit - Provide parking restricted red curb at proposed driveway entrance in conformance with City Engineering Standard 104 -AG 57. Provide sidewalk barricade at terminus of existing sidewalk. DEDICATIONS AND EASEMENTS 58. 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. 59. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 60. Provide PUE for utilities. STORMWATER 61. PRIOR TO ISSUANCE OF A ENCROCHMENT PERMIT, the applicant shall submit a Water Pollution Control Plan. 62. Submit a soils report for the project shall be 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. 63. Infiltration basins shall be designed based on soil tests. Infiltration test shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. 64. The applicant shall provide on -site storm water infiltration facilities designed and constructed to ensure that the 100 -year basin outflow shall not exceed the pre - development flow. 65. Applicant must comply with Regional Water Quality Control Board's Post Construction Requirements. 66. Applicant must submit a compliant Regional Water Quality Control Board Post Construction Stormwater Control Plan. RESOLUTION NO. 15 -2233 PAGE 14 67. The existing drainage inlet is no longer in compliance with standards. The applicant shall update existing drainage inlet to provide for side entry per 300 -AG to the appropriate width /size so that flood waters will not overtop new driveway entrance, or provide sufficient documentation that in the event of mechanical failure, residences will not be flooded and safe overland flow will be achieved. Provide stormwater protection for sediment and debris. LANDSCAPE 68. Provide street trees requirement at 50' minimum spacing per AGMC. 69. The applicant shall not plant turf. Use drought tolerant landscape only. WATER 70. Non - potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters or the use of potable water for construction purposes. 71. Fire sprinkler engineer shall determine the size of the water meters. 72. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 73. Abandon and remove existing water services (2) serving property from water meter to water main. 74. Install new water meter manifold per Engineering Standard 711 -AG. SEWER 75. All sewer laterals within the public right -of -way must have a minimum slope of 2 %. 76. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 77. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. PUBLIC UTILITIES 78. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. 79. Prior to approving any building permit within the project for occupancy, all public RESOLUTION NO. 15 -2233 PAGE 15 utilities shall be operational. 80. Public Improvement plans /Final Map /Parcel Map shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the Director of Public Works for approval. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 81. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. BONDING SURETY 82. Erosion Control, prior to issuance of th residential construction requires posting c erosion control and damage to the public upon successful completion of the work, maintaining and /or restoring the site. grading or building permit, all new f a $1,200.00 performance bond for right -of -way. This bond is refundable ass expenses incurred by the City in ARCHITECTURAL REVIEW COMMITTEE 83. The applicant shall consider addressing patio areas for Residences 4 & 5. 84. A six foot (6') wooden fence shall be added to the cemetery side of the project in yard areas of Residences 1 & 5. 85. The Linda Drive fence of Lot 3 shall be extended further to the southwest corner to increase private yard areas. 86. 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