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.
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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.
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Resolution No. 97-1636
Conditionai Use Permit Case No. 97-559
Ed Dorfman
October 7, 1997
Page 3
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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:
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Pearl L. Phinney, Commissi Clerk
S TO CONTENT:
, OLQ.�, o • G�e,�
Doreen Li erto-Blanck, AICP
Community Development Director
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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.
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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
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approved through the appropriate procedure, no other wail (including retaining
wallsl, fence, or combination thereof shall exceed six feet (6') .in height.
NOISE
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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.
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. . . 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
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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.
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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.