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PC R 98-1650RESOLUTION NO. 98-1650 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE N0. 97-561 AND THE ASSOCIATED ARCHITECTURAL REVIEW, AT 119 JUNIPER STREET, APPLIED FOR BY JUNIPER STREET ASSOCIATES, A PEOPLES' SELF-HE�P HOUSING CORPORATION; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 97-561, filed by Juniper Street Associates, A Peoples' Self-Help Housing Corporation, to construct a 14 unit multi-family apartment complex for lower income persons in the MF Zone; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has determined that a Negative Declaration with Mitigation Measures can be adopted, and instructs the Secretary to file a Notice of Determination; 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 Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City as indicated in the staff report. 2. The proposed use will not impair the integrity and character or the district in which it is to be established or located. 3. The site is suitable for the type and intensity of use or development that is proposed. All required setbacks, open space, and yards can be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the 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. Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 2 of 13 Department of Fish and Game Required Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Conditional Use Permit Case No. 97-561. 2. Based on the initial study, a negative declaration was prepared for review by the public and review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. 4. 5. � The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. The general appearance of the proposal is in keeping with the character of the neighborhood. The proposal is not detrimental to the orderly and harmonious development of the City. The proposal will not impair the desirability of investment or occupation in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 97-561, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion by Commissioner 0'Donnell, seconded by Commissioner Greene, and by the following roll call vote, to wit: � � L__J � �� �� Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17; 1998 Page 3 of 13 AYES: Commissioners Rondeau, Greene, Odonnell and Haney NOES: None ABSENT: Commissioner Lubin The foregoing Resolution was adopted this 17�' day of February 1998. ATTEST: � n _ � , ��I�-�. �` Pearl L. Phinney, Commission C rk AS TO CONTENT: Doreen Liberto-Blanck, AICP Community Development Director Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 4 of 13 ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all State, County, and City requirements as are applicable to this project. 2. This application shall automatically expire on February 17, 2000 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 17, 1.998 and marked "Exhibit A". Door cofor and style may be modified subject to Planning Director approval. The plans will be revised to show the rear setback as 20 feet and the height of the accessory building as 14 feet. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, 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. Prior to final inspection, the developer shall provide mail . receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 5 of 13 6. A negative decfaration with mitigation measures has been adopted for this project. The following mitigations shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Community Development Department Conditions 7. Development shall conform with the MF zoning requirements except as approved by Variance Case No. 97-206 and this approval. 8. Prior to issuance of building permits, the applicant shall enter into an agreement, or shall record a deed restriction, at the discretion of, and in a form approved by the City Attorney, whereby the applicant agrees on behalf of itself and its successors in interest, to maintain the affordability of the units for 30 years or a longe� period of time if required by the CBDG program, or the construction or mortgage financing assistance program, or the mortgage insurance program or rental assistance program. � 10. The project name shall be subject to review and approval of the City Counci(. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. 11. Prior to issuance of building permits, three (3) sets of revised plans shall be submitted to be reviewed and approved by the Planning Department, Parks and Recreation Department, and Police Department. The plans shall be revised to include the following: a. � c. 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 materiats architecturally compati6le with the main structure. It is especially important that gas and electric meters and electric transformers be completely screened from public view. Screening shall comply with Development Code Section 9- 10.120D. All walls, including screening and retaining walls shall be compatible with the approved architecture. Fences within the required front yard setback shall comply with Development Code Section 9-10.070 A(1). An exterior lighting plan subject to the review and approval of the Planning and Police Departments which shatl comply with Development Code Section 9-10.080 and Police Department requirements. Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 6 of 13 d. A landscaping and automatic irrigation plan prepared by a licensed landscape architect subject to review and approval by the Planning, Police, and Parks and Recreation Departments. The landscaping plan shall include the following: (1) Tree staking, soil preparation and planting detail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: (a) Deep root planters or equal shall be included in areas where trees are within 5' of asphalt or concrete surfaces and curbs; ' (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (c) All slopes 2:1 or greater shall have jute mesh or equivalent material; ';� �i e. Parking lot improvements shall comply with Development Code section 9-12.070 except as modified by Variance Case No. 97-206. f. Trash enclosures shall comply with Development Code Section 9- 10.120C. 12. The developer shall comp(y with all the requirements of Chapter 9-15 of the City of Arroyo Grande Development Code. All streets, sidewalks, curbs, � gutters and public improvements shall be constructed to City Standards. All utilities shall be undergrounded. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 13. 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. - FIRE LANES 14. 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. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 7 of 13 15. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/F1RE HYDRANTS 16. Project shall have a fire flow of (per Fire Sprinkler System Plan Review Requirements) per minute for a duration of () hours. SECURITY KEY BOX 17. Prior to occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLER 18a. Prior to occupancy, all buildings 150' or more from street must be fully sprinkled per Building and Fire Department guidelines. 18b. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. OPTICOM DEVICE ABANDONMENT/NON-CONFORMING 19. 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. DEMOLITION PERMIT/RETAINING WALCS 20. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. (Fee Credits are available for eight (8) structures) OTHER PERMITS 21. Prior to issuance of building permits, County Air Pollution Control Board approval is required for Demo Permit approval. Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 8 of 13 SPEC/AL COND/TIONS 22. Prior to issuance of building permits, a Fire Alarm System shall be approved by the Fire Chief. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS 23. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 24. All project improvements shall be designed and constructed in accordance with City standards and specifications. Plans within the right-of-way shall include profile drawings. Improvement plans (including the following) 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 (repair of broken sections). c. Water and sewer. 25. 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 or the Community Development Director. 26. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 27. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. i� '� _J � �L � Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street � February 17, 1998 Page 9 of 13 28. 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 and PUE, except that street tree easements shall exclude the area covered by public utility easements. GRADING AND DRAINAGE 29. 30. All grading shall be done in accordance with the City Grading Ordinance. All drainage facilities shall be designed to accommodate a 100 year storm flow. 31. A preliminary 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. 32. Infiltration basins shall be designed based on soil tests. Infiltration test shall include a minimum of 2(sleeved) borings 15 feet below the finished basin floors. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. 33. The applicant shall and constructed to and the following: provide on-site storm water retardation facilities designed Public Works and Community Development requirements, a. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. b. The basin shall be maintained by the developer. c. The basins shall be designed to collect the site runoff. Small portions of the site may drain to the street. If runoff is allowed to drain to the � street, the applicant shall enlarge the existing storm drain iniet at Juniper and Poplar Streets. PUBLIC UTILITIES 34. The on-site water system' which supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 15 foot easement. 35 36. All new public utilities shall be installed as underground facilities. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. Resolution No. 98-1650 Conditional Use Permit Case No. 97-5 1 Peoples' Self-Help Housing Corpora 119 Juniper Street February 17, 1998 Page 10 of 13 The applicant shall pay all applicable 37. FE a. b. 38. FE a. b. c. d. f. � f� Plan check for grading plar Based on an approved eart (Chapter 33 of 1994 Unifo Permit Fee for grading plan Based on an approved eart (Chapter 33 of the 1994 U Water Mitigation fee, to t time of building permit enlargement of an existing Water Distribution fee, to time of building permit iss 7.22. Water Service charge to I time of building permit iss 7.22. Water Supply charge, to time of building permit iss 7.22. . 3A��-- DELETED BY PLANI Traffic Signalization fee, to time of building permit issu 1955. Sewer Permit fee, to be ba; building permit issuance, in Drainage fee, as required developed. fees, including the following: work estimate n Building Code). work estimate iform Building Codel. based on codes and rates in effect at the issuance, involving water connection or onnection. e based on codes and rates in effect at the ance, in accordance with Municipal Code 6- ; based on codes and rates in effect at the ance, in accordance with Municipal Code 6- based on codes and rates in effect at the nce, in accordance with Municipal Code 6- ING COMMISSION 2/17/98. be based on codes and rates in effect at the �nce, in accordance with Ord. 346 C.S., Res. ed on codes and rates in effect at the time of accordance with Municipal Code 6-6.405. �y the area drainage plan for the area being Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 11 of 13 i. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing housesl, to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. j. Street Tree Planting fee, the developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15 gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. k. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. I. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of deveiopment in accordance with State mandate. n. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. BONDING SURETY 39. Erosion Control, prior to issuance of the grading or building permit, all new r residential construction requires posting of a 51200.00 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. Resolution No. 98-1650 Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 12 of 13 STANDARD MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. 1. Prior to issuance of demolition permits for existing facilities, the applicant must demonstrate exemption from or compliance with Asbestos Notification Requirements of Part 40 of the code of federal Regulations (Part 61, subpart M). AB 2791 requires that asbestos notification, or a declaration of project exemption, must be submitted to the APCD before the issuance of a demolition permit. Questions regarding these requirements should be directed to Tim Fuhs, APCD Enforcement Section, at (805) 781-5912. Time Frame: Prior to issuance of demolition permits Monitoring Department: Building and Fire Department/APCD 2. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. Time Frame: During building plan check Monitoring Department: Building and Fire Department 3. All project landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, bark and native plantings. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Time Frame: During building plan check Monitoring Department: Parks and Recreation Department 4. All construction equipment shall be provided with functional motors to limit noise emissions. Time Frame: Ongoing during construction Monitoring Department: Public Works Department, Department and SLO APCD well-maintained Building and Fire Resolution No. 98-1650 : Conditional Use Permit Case No. 97-561 Peoples' Self-Help Housing Corporation 119 Juniper Street February 17, 1998 Page 13 of 13 5. All construction activities shall be limited to Monday through Saturday between the hours of 7:00 a.m. to 6:00 p.m. Time Frame: Ongoing during construction Monitoring Department: Public Works Department, Building and Fire Department 6. In the event that during grading, construction or development of the project, archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human burials are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvement plans shall be noted to reflect this mitigation. Time Frame: Prior to issuance of nuilding or grading plans Monitoring Department: Public Works Department, Building and Fire Department � / � , �