R 4868 RESOLUTION NO. 4868
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING APPEAL CASE NO. 18-
001 AND APPROVING CONDITIONAL USE PERMIT 18-001;
LOCATED AT 1212 FLORA ROAD; APPLIED FOR BY
MURAT & NANCY AKALIN
WHEREAS, the project site is an approximately 5.08 acre site located in the General
Agricultural (AG) zoning district and currently developed with a single-family structure; and
WHEREAS, the construction of an accessory dwelling unit is permitted in the AG zoning
district following approval of a conditional use permit in accordance with the Arroyo Grande
Municipal Code; and
WHEREAS, the applicant has filed Conditional Use Permit 18-001 for the construction of an
accessory dwelling unit totaling 1,784 square feet; and
WHEREAS,the size limitations for accessory dwelling units in the AG district are determined
through the discretionary review process; and
WHEREAS, protection for continued agricultural operations and production is very
paramount on land zoned AG; and
WHEREAS, the proposed accessory dwelling unit is located adjacent to the existing access
driveway to the existing residence on the site, limiting the project's impact on current and
future agricultural operations; and
WHEREAS, the Planning Commission was unable to make all the required findings in the
affirmative and denied the proposed project; and
WHEREAS, the project applicants appealed the Planning Commission's determination to
the City Council on May 18, 2018; and
WHEREAS, the City Council has reviewed this 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 determined that the project is
exempt per Section 15303(a) of the CEQA Guidelines regarding new construction of an
accessory dwelling unit; and
WHEREAS, the City Council reviewed the project at a duly noticed public hearing on June
12, 2018, and considered all written evidence and oral testimony; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
RESOLUTION NO. 4868
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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.
The proposed use is permitted within the Agricultural district pursuant to
Chapter 16.28 of the Development Code and the project complies with all
applicable provisions of the Development Code, the goals and objectives of
the Arroyo Grande General Plan including Policy Ag 1-4.1 of the Agriculture,
Conservation, and Open Space Element and the Bicycle and Trails Master
Plan, and the development policies and standards of the City.
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 use will not impair the integrity and character of the district in
which it is to be established or located due to the small nature of the
development and the placement of the new building on the project site in a
way that avoids the conversion of agricultural soils.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is 5.08 acres, which is smaller than the minimum lot size required in
the Agricultural district, but remains suitable for the type and intensity of use
since the use is planned in a way that does not impact the ongoing light
agriculture and grazing uses of the site.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The accessory dwelling unit will utilize City supplied water, sanitation, and
public utilizes and services that 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 and standards of the
Municipal Code and in accordance with conditions of approval specifically
developed for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves Conditional Use Permit 18-001 as revised and presented to the City
Council on June 12, 2018 as set forth in Exhibit"B", attached hereto and incorporated herein
by this reference, with the above findings and subject to the conditions as set forth in Exhibit
RESOLUTION NO. 4868
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"A", attached hereto and incorporated herein by this reference.
On motion by Council Member Ray, seconded by Council Member Barneich, and by the
following roll call vote, to wit:
AYES: Council Members Ray, Barneich, Brown, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 12th day of June, 2018.
RESOLUTION NO. 1008
PAGE 4
J HILL, MAYOR
ATTEST:
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KELLY TM!RE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. = i'%- , CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
RESOLUTION NO. 4868
PAGE 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 18-001
1212 FLORA ROAD
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the construction of a new 1,784 square foot accessory
dwelling unit on the property located at 1212 Flora Road
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
18-001.
4. This application shall automatically expire on June 12, 2020 unless a building permit
is issued.
5. Development shall conform to the General Agricultural (AG) requirements except as
otherwise approved.
6. Development shall occur in substantial conformance with the plans presented to the
City Council at the meeting of June 12, 2018.
7. The applicant shall agree to indemnify, defend, and hold harmless 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.
8. A copy of these conditions shall be incorporated into all construction documents.
9. Development shall comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130
"Screening Requirements".
10. Setbacks, lot coverage, and floor area ratios shall be as shown on the development
RESOLUTION NO. 4868
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plans.
11. 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.
12. At the time of application for construction permits, the applicant shall provide details
on any proposed exterior lighting. 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 LED and comply with the current California
Energy Code.
13. 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.
14. 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 (Model Water Efficient Landscaping Ordinance).
15. 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.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
16. The project shall comply with the most recent editions of all California Codes, as
adopted by the City of Arroyo Grande.
17. Prior to bringing combustibles on site, the applicant shall, to the approval of the Fire
Chief, improve the driveway from Flora Road to the end of the new accessory
dwelling unit to provide a 20-foot all weather fire access.
18. Prior t issuance of a certificate of occupancy, the unpermitted roof structure at
1212 Flora Road shall be properly permitted.
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19. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
20. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
21. Project shall have a fire flow and duration per the latest adopted edition of the
California Fire Code and with approval of the Building Official and/or Fire Chief.
22. The new building must be fully sprinklered per Building and Fire Department
guidelines and per the California Fire Code.
23. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
24. The address of the proposed accessory dwelling unit shall be 1208 Flora Road.
25. Any review costs generated by outside consultants shall be paid by the applicant.
ENGINEERING DIVISION AND PUBLIC WORKS DEPARTMENT CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE
PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
26. The Applicant shall develop, implement and provide the City a:
a. Stormwater Control Plan that clearly provides engineering analysis of all
Water Quality Treatment, Runoff Retention, and Peak Flow Management
controls.
b. Operations and Maintenance Plan and Maintenance Agreements that
clearly establish responsibility for all Water Quality Treatment, Runoff
Retention, and Peak Flow Management controls.
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls have been
maintained and are functioning as designed.
d. All reports must be completed by either a Registered Civil Engineer or
Qualified Stormwater Pollution Prevention Plan Developer (QSD).
27. Prior to any Permit — Stormwater Control Plan. Provide a Stormwater Control
Plan that complies with Engineering Standard 1010 Section 5.2.2.
28. Prior to Final Approval - Operations and Maintenance Plan, Maintenance
Agreement, and Maintenance Notification. Provide an Operations and
Maintenance Plan, Maintenance Agreement, and Maintenance Notification that
complies with Engineering Standard 1010 Section 5.2.3.
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GENERAL CONDITIONS
29. Working hours shall comply with Standard Specification Section 5-1.01.
30. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
31. Record Drawings ("as-built" plans) are required to be submitted prior to release of
the Faithful Performance Bond.
32. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director in compliance with Engineering Standard
1010 Section 9.3. Provide One (1) set of paper prints and electronic documents on
CD or flash drive in both AutoCAD and PDF format.
33. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
IMPROVEMENT PLANS
34. Improvement plans must comply with Engineering Standard 1010 Section 1 and
shall be prepared by a registered Civil Engineer or qualified specialist licensed in the
State of California and approved by the Public Works Department and/or Community
Development Department. The following plan sheet shall be provided:
a. Site Plan
i. The location and size of all existing and proposed water, sewer, and
storm drainage facilities within the project site and abutting streets or
alleys.
ii. The location, size and orientation of all trash enclosures.
iii. All existing and proposed parcel lines and easements crossing the
property.
iv. The location and dimension of all existing and proposed paved areas.
v. The location of all existing and proposed public or private utilities.
vi. Location of 100-year flood plain and any areas of inundation within
project area.
b. Grading Plan with Cross Sections
c. Retaining Wall Plan and Profiles
d. Roadway Improvements Plan and Profiles.
e. Storm Drainage Plan and Profile
f. Utilities -Water and Sewer Plan and Profile
g. Utilities— Composite Utility
h. Signing and Striping
i. Erosion Control
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j. Landscape and Irrigation Plans for Public Right-of-Way
k. Tree Protection Plan
I. Details
m. Notes
n. Conditions of Approval
o. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
p. Engineers estimate for construction cost based on County of San Luis Obispo
unit cost.
35. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
36. Applicant shall fund outsourced plan and map check services, as required.
37. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way.
STREET IMPROVEMENTS
38. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to an overlay or type 2 slurry seal.
39. All street repairs shall be constructed to City standards.
CURB, GUTTER, AND SIDEWALK
40. 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.
41. 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
GRADING AND DRAINAGE
42. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two
(2) copies of the final project-specific Storm Water Pollution Prevention Plan
(SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis
Obispo Regional Water Quality Control Board (RWCB) requirements
43. All grading shall be performed in accordance with the City Grading Ordinance and
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Standard Specifications and Engineering Standards.
44. Drainage facilities shall be designed in compliance with Engineering Standard
1010 Section 5.1.2.
45. 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.
46. The applicant shall dedicate a fifteen foot (15') pedestrian trail easement along the
westernmost parcel boundary.
47. The developer shall submit a detailed grading plan showing how draining enters
each inlet.
48. All drainage calculations and facilities shall be constructed in accordance with
Section 5 Storm Drainage of the Engineering Standards
WATER
49. A new water lateral for the accessory dwelling unit shall be installed with the project.
50. A Reduced Pressure Principle (RPP) backflow device is required on all water lines
to the structure and landscaping.
51. Non-potable water is available at the Soto Sports Complex. The City of Arroyo
Grande does not allow the use of hydrant meters.
52. Lots using fire sprinklers shall have individual fire service connections. Afire sprinkler
engineer shall determine the size of the water meters.
53. Existing water services to be abandoned shall be abandoned in compliance with
Engineering Standard 6050.
SEWER
54. All sewer laterals shall comply with Engineering Standard 6810.
55. Existing sewer laterals to be abandoned shall be abandoned in compliance with
Engineering Standard 6050.
56. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with Standard Specifications and Engineering
Standards.
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57. Obtain approval from the South San Luis Obispo County Sanitation District for the
development's impact to District facilities prior to permit issuance.
58. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
PUBLIC UTILITIES
59. 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.
60. Public Improvement plans 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.
61. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q.
62. New trees shall not be located over existing or proposed service lines.
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
63. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a. Plan check for grading plans. (Based on an approved earthwork
estimate)
b. Plan check for improvement plans. (Based on an approved
construction cost estimate)
c. Permit Fee for grading plans. (Based on an approved earthwork
estimate)
d. Inspection Fee of subdivision or public works construction plans.
(Based on an approved construction cost estimate)
e. Plan Review Fee (Based on the current Building Division fee
schedule)
64. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a. Water Neutralization fee, to be based on codes and rates in effect at
the time of building permit issuance, involving water connection or
enlargement of an existing connection.
b. Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance.
c. Water Meter charge to be based on codes and rates in effect at the
time of building permit issuance.
d. Water Availability charge, to be based on codes and rates in effect
RESOLUTION NO. 4868
PAGE 12
at the time of building permit issuance.
e. Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance.
f. Traffic Signalization fee, to be based on codes and rates in effect at
the time of building permit issuance.
g. Sewer Connection fee, to be based on codes and rates in effect at
the time of building permit issuance.
h. South San Luis Obispo County Sanitation District Connection fee
in accordance with Municipal Code Section 13.12.180.
i. Drainage fee, as required by the area drainage plan for the area being
developed.
j. Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
effect at the time of building permit issuance.
k. Strong Motion Instrumentation Program (SMIP) Fee, to be based on
codes and rates in effect at the time of development in accordance with
State mandate.
I. Building Permit Fee, to be based on codes and rates in effect at the
time of development.
BONDING SURETY
65. Erosion Control, prior to issuance of the grading or building permit, all new
residential construction requires posting of a $1,200.00 performance bond for
erosion control and damage to the public right-of-way. This bond is refundable upon
successful completion of the work, less expenses incurred by the City in maintaining
and/or restoring the site.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
66. Prior to building permit issuance, the final landscaping, lighting, and architecture
shall be reviewed by the Architectural Review Committee for a recommendation to
the Community Development Director.
Isaman design, Inc.2420 Broad StreetSan Luis Obispo, CA 93401Phone:Fax:805/544.5672805/544.5642w w w .isamandesign.comARCHITECTAKALIN: ACCESSORY DWELLING UNIT (ADU)ARROYO GRANDE, CA6/7/2018SCALE 1/4" = 1'-0"FLORA ROADFLOR
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D FLORA ROAD30'-0"PROPOSEDADULOCATIONNEXHIBIT (3)ORIGINALLY PROPOSED LOCATION- NEAR FLORA ROAD TO MAXIMIZE AG USEAGE- NEAR FLORA ROAD TO MINIMIZE DRIVEWAY- NEAR FLORA ROAD FOR EASE OF UTILITY CONNECTIONNEW PROPOSED LOCATION- RELOCATE IN ORDER TO PRESERVE NEIGHBOR VIEWS- NEAR FLORA ROAD TO MAXIMIZE AG USAGE- NEAR FLORA ROAD TO MINIMIZE DRIVEWAY- CLOSER TO UTILITY CONNECTION
Isaman design, Inc.2420 Broad StreetSan Luis Obispo, CA 93401Phone:Fax:805/544.5672805/544.5642w w w .isamandesign.comARCHITECTAKALIN: ACCESSORY DWELLING UNIT (ADU)ARROYO GRANDE, CA6/7/2018SCALE 1/4" = 1'-0"ORIGINALLY PROPOSED (ARC APPROVED)- STUCCO FINISH EXTERIOR- COMPOSITE SHINGLE & STANDING SEAM METAL ROOFINGPREFERRED (ARC SUGGESTIONS)- BOARD & BATTEN EXTERIOR SIDING- COMPOSITE SHINGLE & STANDING SEAM METAL ROOFINGEXHIBIT (4)
OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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 attached
Resolution No. 4868 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 12th day of June, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
June, 2018.
i I � , I /
KELLY ETr' ORE, CITY CLERK