PC R 97-1640RESOLUTION N0. 97-1640
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION WITH MITIGATION MEASURES;
INSTRUCTING THAT THE SECRETARY FILE A NOTICE OF
DETERMINATION; AND APPROVING CONDITIONAL USE
PERMIT (P.U.D. PERMIT) CASE NO. 97-553 AND THE
ASSOCIATED ARCHITECTURAL REVIEW, LOCATED AT
410 SOUTH ELM. STREET, APPLIED FOR BY ZADDIE
BUNKER TRUST
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 97-553 and the Associated Architectural Review,
filed by the Zaddie Bunker Trust to create a nine-unit Planned Unit Development
(PUD), in the MFA District; 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 the draft negative declaration
under the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the Planning Commission finds, after due study, deliberation � and public
hearing, the following circumstances exist:
P.U.D. Permit Findings:
1. The proposed development is consistent with the goals, objectives, and
programs of the Arroyo Grande General Plan.
2. The site for the proposed development has adequate access, meaning that the
site design and development plan conditions consider the limitations of existing
streets and highways. The project also continues to allow access to the lots
that are west of the project site.
3. The site for the proposed development is adequate in size and� shape to
accommodate said use and all yards, open spaces, setbacks, walls and fences,
parking areas, landscaping, and other features required by the Development
Code.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval; to serve the proposed
development; and that the approval of the proposed development will not
result in a reduction of public services to properties in the vicinity so as to be a
detriment to public health, safety, and welfare.
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18,1997
Page 2
5. The proposed development, as conditioned, will not have a substantiai adverse
effect on surrounding property, or the permitted use thereof, and will be
compatible with .the existing multiple family residential uses in the surrounding
area.
6. The improvements required, and the .manner of development, adequately
address all natural and man-made hazards associated with the proposed
development of the project site, including, but not limited to, flood, seismic, fire
and slope hazards.
7. The proposed development carries out the intent of the P.lanned Unit
Development Provisions by proyiding a more efficient use of the land and an
excellence of design greater than that which could be achieved through the
application of conventional development standards.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 9-06.050 E.
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
Tentative Tract Map No. 2240 and Conditional Use Permit Case No. 97-553.
2. Based on the initial study, a negative declaration was prepared for public review
and reviewed and ,approved 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 considered 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.
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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. 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.
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18, 1997
Page 3
4. The general appearance of the proposal is in keeping with the character of the
neighborhood.
5. The proposal is not detrimental to the orderly and harmonious development of
the City.
6. 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 with mitigation measures,
instructs the Secretary to file a Notice of Determination and approves Conditional Use
Permit 97-553 and architectural review, with the above findings and subject to the
conditions of approval as set forth in Attachment "A", attached hereto and
incorporated herein by reference.
On motion by Commissioner Haney, seconded by Commissioner O'Donnell, and by
the following roll call vote; to wit:
AYES: Rondeau, 0'Donnell, Greene, Haney, Lubin
NOES: None .
ABSENT: None
the foregoing Resolution was adopted this 18th day of November 1997.
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Pearl L. Phinney, Commissi n Clerk
� S TO CONTENT:
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Doreen berto-Blanck, AICP
Community Development Director
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Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18, 1997
Page 4
ATTACHMENT °A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 97-553
Zaddie Bunker Trust
� 410 South Elm Street
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the development of a nine (9). unit Planned Unit Development
(PUD} in conjunction with a nine lot subdivision.
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 Conditional Use
Permit 97-553 and Tentative Tract Map 2240.
3. This application shall automatically expire simultaneously with Tentative Tract
Map 2240. If Tentative �Tract 2240 �is recorded, this application shall remain
. valid for an additional two years. Thirty (30) days prior to the expiration of the
approval, the applicant may apply for an extension of one (1) year from the
expiration date.
4. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at the meeting of November 18, 1997 and marked
Exhibits "A", "B", and "C", except as modified by condition no. 18. If
substantial changes are proposed, the applicant shall file an amendment to this
application which would require review and approval by the Planning
Commission. , �
5. 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 anyway relating to the implementation
thereof, or in the alternative, to relinquish such approval. The applicant shall
reimburse ttae 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
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18,1997
Page 5
such participation shall not relieve applicant of his/her obligations under this
condition.
6. Prior to issuance of a final certificate of occupancy, the developer shall provide
mail receptacles for the units as required by tfie Postmaster of the Pismo Beach
Post Office.
7. All walls (including retaining wallsl, fences, or combination thereof, within the
front setback area, shall be no more than 3 feet in height. Unless specifically
approved. through the appropriate procedure, no other wall (including retaining
walls); fence, or combination thereof shall exceed six feet (6') in height.
LIGHTING
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8. Prior to issuance of a building permit, an exterior lighting plan and site lighting
footcandle plan shall be prepared subject to the review and approval of the
Community Development and Police Departments which shall comply with the
provisions of Development Code Sections 9-10.080, 9-12.070 C(3), and 9-
15.040.
NOISE
9. Construction shall be limited to between the hours of 7am and 10pm Monday
through Friday and between 8am and 5pm on Saturday.
DEVELOPMENT CODE
10. Development shall conform to the MFA zoning requirements except as
otherwise approved.
11. Prior to issuance of a certificate of occupancy, all ducts, rneters, 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.
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18,199T
Page 6
12. Prior to issuance of a building permit, all walls, including screening and retaining
walls shall be compatible with the approved architecture and Development
Code Standards, subject to the review and approval of the Community
Development Director.
13. Prior to occupancy, property line fences shall be provided where there are no
fences or fences are in poor repair. Design of fences shall be as shown on
Exhibit "C" or if not shown shall be subject to review and approval of the
Community Development Director. _
14. Setbacks, lot coverage, and floor , area ratios shall be as shown on the
development plans, Exhibit "C", except as specifically modified by these
conditions.
15. All parking spaces adjacent �to a wall, fence, or property line shall have a
minimum width of 11 feet. This does not apply to garage or carport spaces
which shall each have a minimum clear dimension of 10 feet wide by . 20 feet
deep.
GARAGE
16. Prior to issuance of a certificate of occupancy for each residence, all garages
shall be provided with roll-up garage doors and automatic garage door openers.
LANDSCAPING
17. Prior to issuance of a grading or building permit, a landscaping and irrigation
plan shall be prepared by a licensed landscape architect subject to review and
approval by the Community Development, Police, Building and Fire, and Parks
and Recreation Departments. The landscaping plan shall include the following:
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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:
(1) Deep root planters shall be included in areas where trees are
within five feet i5') of asphalt.or concrete surfaces and curbs;
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18, 1997
Page 7
(2) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
shall be incorporated into the landscaping plan; and
(3) All slopes 2:1 or. greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
SPECIAL COND/TIONS
18. Prior to map approval or issuance of a grading or building permit, whichever
occurs first, the applicant shall revise Exhibits A, B& C eliminating the trash
enclosure, increasing the landscaping and reconfiguring the parking spaces as
illustrated in Exhibit D. The Community Development Director and Public
Works Director shall review and approve the revised plans.
PARKS AND RECREATION DEPARTMENT CONDITIONS
TREE PRESERVATION/TREE REMOVAL PLAN
19. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree
Ordinance.
20. All significant trees to be removed as designated by the Director of Parks and
Recreation/City Arborist shall be replaced at a 3:1 ratio and planted on site.
With the approval of the Parks and Recreation Director, tree removal shall be
mitigated by planting on site, off-site, or payment of in-lieu fees (at the current
street tree fee rate for a 15 gallon tree). Larger trees may be required to
mitigate tree removal. Prior to issuance of a grading permit, all trees shall be
planted or fees paid.
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
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21. 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.
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18, 1997
Page 8
FIRE LANES
22. Prior to occupancy, all fire lanes must be posted and enforced, per Police
Department and Fire Department guidelines.
FIRE FLOW/FIRE HYDRANTS
23. Prior to issuance of building permits, fire hydrants shall be installed, per Fire
Department and Public Works Department standards.
FIRE SPRINKLER
24. Prior to occupancy, all buildings on lots 3-8 shall be fully sprinklered per
Building and Fire Department guidelines.
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.
25. All new construction shall utilize fixtures and designs which minimize water
usage. Such fixtu�es shall include, but are not limited to, low flow shower
heads, water saving toilets, instant water heaters or hot water recirculating
systems. Water conserving designs and fixtures shall be installed prior to final
occupancy for each residence.
Monitoring: Field inspection of each residence
Responsible Department: Building and Fire Department �
Timeframe: . Prior to issuance of Certificate of Occupancy
26. All tract landscaping shall be consistent with water conservation practices
including the use of drip irrigation, mulch, gravel, bark, and drought tolerant
plants. To the greatest extent possible, lawn areas and areas requiring spray
irrigation shall be minimized.
Monitoring: Review of landscaping plans
Responsible Department: � Parks and Recreation Department
Timeframe: Prior to construction of tract improvements
Resolution No. 97-1640
Conditional Use Permit Case No. 97-553
Zaddie Bunker Trust
November 18, 1997
Page 9
27. The applicant shall provide for review and approval by the City Council, an
� individual water program which will propose mitigating measures to neutralize
projected water demand for the project. The projected water demand for this
project is approximately 4.0 acre feet of water per year. As part of the water
program, the City Council may adjust projected water demand based upon
proposed water conservation measures or other .factors that decrease use of
City water supplies. The approved program must be implemented or bonded
for, prior to recordation of the final map.
Monitoring: Review of water conservation plans
Responsible Department: Public Works Department
Timeframe: Prior to recordation of final map
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