Loading...
PC R 97-1636RESOLUTION N0. 97-1636 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVtNG CONDITIONAL USE PERMIT iP.U.D. PERMlT) CASE NO. 97-559, AND ASSOCIATED ARCHlTECTURAL REVIEW TO CREATE A 37-UNIT PLANNED UNIT DEVELOPMENT, APPLIED FOR BY ED DORFMAN AT 1097 FARROLL AVENUE; ADOPTION OF A NEGATIVE DECLARATiON WtTH MITIGAT10111 MEASURES AND tNSTRUCTION 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. 97-559, and Associated Architectural Review, filed by Ed Dorfman, to create a thirty seven (37)-unit planned unit development, in the Condominium/Townhouse District; and , WHEREAS, the Planning Commission has held a public hearing on this app(ication in accordance with the City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), and has. determined that a Negative Decfaration can be adopted, and instructs the Secretary to file a Notice of Determination; and . � WHEREAS, the Planning Commission finds, after due study, deliberation and pubfic hearing, the following circumstances exist: Conditional Use Permit (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 considerthe limitations of existing streets and highways. 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 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. 97-1636 Conditional Use Permit Case No. 97-559 Ed Dorfman October 7, 1997 Page 2 5. The proposed development, as conditioned, wiil not have a substantiai adverse effect on surrounding property, or the permitted use thereof, and wiil be compatible with the existing and planned land use character of 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 Planned Unit Development Provisions by providing 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 Fsh and Game Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the Ca(ifornia Environmental Quality Act for Conditional Use Permit Case No. 97-559. 2. Based on the initial study, a negative declaration was prepared for public comment, and reviewed and approved by the Planning Commission. 3. After holding a public hearirig 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 Fi�dings: 1. The proposal is consistent with the "General Architecturat Review Guidelines" for the City of Arroyo Grande. 2. 3. � The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. The proposal will not be detrimentai to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. The generat appearance of the proposal is in keeping with the character of the neighborhood. � � JI � Resolution No. 97-1636 Conditionai Use Permit Case No. 97-559 Ed Dorfman October 7, 1997 Page 3 � Q The proposal is not detrimentai to the orderly and harmonious development of the City. The proposal wiii not impair the desirability of investment or occupation in the neighborhood. - NOW, THEREFORE, BE IT RFSOLVED 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 said Conditional Use Permit Case No. 97-559 and associated architectural review; subject to the conditions and mitigations listed in Attachment "A". On motion by Commissioner 0'Donnell, seconded by Commissioner Greene, and by the following roll calf vote, to wit: AYES: Commissioners 0'Donnell, Greene, Rondeau, Haney and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of October 1997. A7TEST: � ` . Pearl L. Phinney, Commissi Clerk S TO CONTENT: , OLQ.�, o • G�e,� Doreen Li erto-Blanck, AICP Community Development Director � ATTACHMENT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE N0. 97-559 EDWIN & KAY DORFMAN 1097 Farroll Avenue COMMUNiTY DEVELOPMENT DEPARTMENT GENERAL CONDfTIONS This approval authorizes the development of a 37 unit Planned Unit Development and associated architectural review for four (4) modei homes with three (3) different architectural elevations, and wall/fence design. `� 2. The applicant shall ascertain and comply with all Federai, State, County and City requirements as are appiicable to this project. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 97-559, Lot Line Adjustment 97-541 and Variance 97-203. 3. This application shall automatically expire on October 7, 1999 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of October 7; 1997 and marked Exhibits "A", "B", and "C". . 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 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. 6. Prior to issuance of a final certificate of occupancy, the developer shall provide mail receptacles for the units as required by the 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 he+ght. Unless specifically � � � __J approved through the appropriate procedure, no other wail (including retaining wallsl, fence, or combination thereof shall exceed six feet (6') .in height. NOISE � Construction shall be limited to between the hours of 7am and 10pm Monday through Friday and between 8am and 5pm on Saturday. DEVELOPMENT CODE 9. Development shall conform to the MF zoning requirements except as otherwise approved. 10. Prior to issuance of a certificate of occupancy, 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 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 pubfic view. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material to be directed away from residential properties. 11. Prior to issuance of a building permit, all walls, including scresning 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. 12. Prior to recordation of the final/parcel map, property fine wall/fences shall be � provided as shown on Exhibit "C". 13: 14. 15. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions. The devefoper shall comply with Development Code Chapter 9-04, "Land Divisions". The developer shall comply with Development Code Chapter 9-14, °Dedications, Fees and Reservations." 16. Prior to occupancy, the developer shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be undergrounded: JOINT MAINTENANCE AGREEMENT 17. Prior to recordation of the final/parcel map, a joint maintenance easement for the common driveway shall be submitted for review and approval of the City Attorney. The joint maintenance easement shall be recorded concurrently with the final/parcel map. 18. Prior to recordation of the final/parcet map, the appficant shaU remove all structures. GARAGE 19. Prior to issuance of a certificate of occupancy for each residence, ali garages shall be provided with roll-up garage doors and automatic garage door openers. STREET NAMES 20. Street names shown on the tentative map are approved. LANDSCAPING 21. Prior to issuance of a grading or building permit, a landscaping and irrigation plan shall be prepared by a licensed landscape arcf�itect 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: a. Tree staking, soil preparation and pfanting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This inctudes: {1) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (Z?� Water conservation practices including the use ot low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping pian; and (3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material. (4) An automated irrigation system. PARKS AND RECREATION DEPARTMENT CONDITIONS TREE PRESERVATION/TREE REMOVAL PLAN 22. 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. . SPECIAL CONDITIONS 23. Prior to issuance of a grading permit, the applicant shall pay 5945 to the City to mitigate the removal of existing trees on-site. BUILDING AND FIRE DEPARTMENT COND(TIONS UBC/UFC 24. 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. �� - - � - - .,� ...----.�__. �_. n . n � • . . . De%ted by the Planning Commission on October 7, 1997. ABANDONMENTINON-CONFORMING 26. 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, we!!s, underground piping and other undesirable conditions. DEMOLITION PERMIT/RETAINING WALLS 27. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as (isted below are to be complied with prior to recording the Lot Line Adjustment unless specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS 28. All�project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 29. 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 Ciyil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utiiities. d. Water and sewer. 30. Upon approval of the improvement plans, the app(icant shali provide a reproducible mylar set and 3. sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible myfars, and 2 sets of prints of the approved record drawings (as builts). 31. 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. 32. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. LOT NUMBERS 33. Lots shall be numbered in sequence. STREET IMPROVEMENTS 34. Starlight Lane shall be designed and constructed to local street standards, including the following: a. 38 feet street width from curb to curb. b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. c. 50 feet wide right-of-way. d. 35 miles per hour design speed. 35. Farroll Avenue shall be designed and constructed on the south side of the street to collector street standards, including the following: a. 4-4 feet street width from curb to curb. b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. c. 59 feet wide right-of way. (64' future) d. 35 mile per hour design speed. . 36. Underground improvements shall be installed prior to street paving. EASEMENTS 37. Prior to recording finallparcelmap, the applicant shall record a five foot �5') maintenance easement adjacent to all zero lot line buildings to the satisfaction of the Public Works Director. GRADING AND DRAINAGE � 39. Ali grading shall be done in acco�dance with the City Grading Ordinance. Ail drainage facilities shall be designed to accommodate a 100 year storm flow. 40. A preiiminary 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 soiis report. 41. 42 Street structural sections shall be determined by an R-Value soil test. Each parce! shall have separate water meters. Duplex service lines shall be used wherever feasible. WASTEWATER 43. .. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". . All sewer mains or laterafs crossing or parallel to public water facitities shall be constructed in accordance with Califiornia State Health Agency standards. PUBIIC UTILITIES 45. 46. 47. All new pubiic utilities shall be installed as underground facilities. All existing public utilities which are onsite, and those in Farrol! Avenue along the south side of the street in front of the project shall be p(aced underground. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 48. All improvement ptans shall be submitted to the public utility companies for and comment. Utifity comments shall be forwarded to the Director of Public Works for app�oval. 49. The Final Map shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Pubfic Works for approval. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 50. FEES TO BE PAID PRIOR TO PIAN SUBMITTAL a. Map check fee for Tract Map ( S 297 + S 11.00 per lot}. b. Plan check for grading plans. Based on an approved earthwor� nstimate (Chapter 33 or 1994 Uniform B��iiding Code). c. Plan check for improvement plars. Based on an approved construc�ion cost estimate (1 % of construction costs up to 5100,000), pius ( %z % of construction costs ove: $100,0001. � d. Permit Fee for grading ptans. Based on an approved earthwork estimate (Chapter 33 of the 1994 Unifom Buiiding Code). e. Inspection Fee of subdivision or pubiic works construction plans. Based on an approved construcuon cost estimate. (4% of construction costs up to 5500,000), pfus (3% of construction costs between 5500,000 and $1,000,000), plus (2% of construction costs over 51,000,000). 51. FEES TO BE PAID PRIOR TO ISSUANC� OF A BUILDING PERMIT a. Water Mitigation 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, in accordance with Municipal Code 6- 7.22. c. Water Service charge to be based on codes and rates in effect at the time of building permit issuanc�, in accordance with Municipal Code fi- 7.22. d. Water Supply charge, to be besed on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. . e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with .Ord. 461 C.S., Res. 3021. f. Traffic Signatization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. g. Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. h. Drainage fee, as required by the area drainage plan for the area being developed. i 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. j. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. k. Strong Motion Instrumentation Program (SMlP) Fee, to be baseci on codes and rates in effect at the time of development in accordance with � State mandate. � l. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipaf Code. 52. Improvement Agreement the subdivider shali enter into an improvement agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. 53. Pretiminary Title Report, a current preliminary titie report shatl be submitted to the Director of Public Works prior to checking the map. 54. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the Lot Line Adjustment, unless noted otherwise. The minimum term for Improvement securities shall be equal to the term of the improvement agreement. a. Faithful Performance, 100% of the approved estimated cost of all improvements. b. Labor and Materials, 50% of the approved estimated cost of all improvements. c. One Year Guarantee, 10% of the approved estimated cost of all improvements. This bond is required prior to acceptance of the improvements. d. Monumentation, 100% of the estimated cost of setting survey monuments. e. Tax Certificate, In accordance with Section 9-15.130 of the Development Code, the applicant.shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special ' assessments against the property.