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PC R 97-1606RESOLUTION NO. 97-1606 A RESOLUTION OF TI� CITY OF ARROYO GRANDE PLANNING CONIlVIISSION RECOMMENDING THAT THE CITY COUNCIL: ADOPT A NEGATTVE DECLARATION; INSTRUCT T�iE CITY CLERK TO FII.E A NOTICE OF DETERI�I�IINATION; AND APPROVE DEVELOPMENT CODE AMENDMENT CASE NO. 96-004 WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Development Code Amendment Case No. 96-004 to delete the reference to development density and definitions for congregate and residential care facilities that each bed shall be equivalent to one dwelling unit; and , WHEREAS, the Planning Commission held a duly noticed public hearing on February 18, 1997 to consider Development Code Amendment Case No. 96-004, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission has reviewed khe draft negative declaration under the provisions of the California Environmantal Quality Act (CEQA); and WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public hearings and in the proposed document and staff report; and - WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Environmental documents associated therewith; with WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Development Code F'�ndings: 1. The proposed revision to Title 9 Chapter 10 and Chapter 18 is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan: Based on the information provided in the staff report and accompanying materials the revision is consistent with the General Plan. � 2. The proposed revision to Title 9 Chapter 10 and Chapter 18 will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. 3. 1fie proposed revision to Title 9 Chapter 10 and Chapter 18 is consistent with the purpose and intent of Title 9(or the portion of Title 9 it is amending). The proposed subdivision design is consistent with the site development standards of the SF zone and the land division requirements of Title 9 Chapter 4. 4. The potential environmental impacts of the revision to Title 9 Chapter 10 and Chapter 18 are insignificant. Resolution No. 97-1606 Development Code Amendment Case No. 96-004 February 18, 1997 Page 2 Department of F'uh and Game Required F'indings of E�cemption 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 Development Code Amendment Case No. 96-004. 2. Based on the initial study, a negative declaration was prepared for review by the public and the Planning Commission, and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission recommends that the City Council adopt the negative declaration and find that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVF.D that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council adopt a negative declaration, instruct the City Clerk to file a Notice of Determination and approve Development Code Amendment Case No. 96-004, attached hereto as Attachment "A" and incorporated herein by this reference. On motion by Commissioner Lubin, seconded by Commissioner Titus, and by the following mll call vote, to wit: AYFS: Commissioners Lubin, NOES: Commissioner Deviny ABSENT: None Titus, Keen, and Tappan the foregoing Resolution was adopted this 18th day of February, 1997. ATTFST: 1 . Lucill r se, Commission Clerk AS TO CONTENT: � - �/`^J William Tappan, Chair J Doreen Litierto-Blanck, Community Development Director ResOlutiOII No. 97-1606 ATTACI�MENT "A" CONDITIONS OF APPROVAL REVERSION TO ACREAGE CASE NO. 96-533 CONDITIONAL USE PERMIT CASE NO. 96-548 AND ASSOCIATED ARCI3ITECTURAL REVIEW VARIANCE CASE NO. 96-201 DEVELOPMENT CODE AMENDMENT 96-004 HORIZON MULTI-HOUSING, LLC 222/224 South Elm Street COr�IlVIUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 37 suite, 72 bed residential care facility. 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 Reversion to Acreage Case No. 96-533 and Conditional Use Permit Case No. 96-548. 3. This application shall automatically expire on February 18, 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. The issuance and effectiveness of the Conditional Use Permit, Architectural Review and Variance are contingent upon the approval of the Development Code Amendment Case No. 97-004 by the City Council. If the City Council does not approve the Development Code Amendment, the approvals and permits for this project are null and void. 5. This Reversion to Acreage application shall automatically expire on February 18, 1999 unless the Reversion to Acreage map is recorded. Prior to the expiration of the approval, the applicant may apply to the Planning Commission for an extension of one (1) year from the original date of the expiration. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 18, 1997 and marked Exhibit "B" . � 7. 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 gents, 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. Resolution No. 97-1606 8. Prior to i�.suance 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. 9. The development shall be restricted to senior citizens to the extent permitted by State Law in compliance with Development Code Section 9-06.050(1) and Section 9-06.020(n. TRE _S 10. 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. TRAFFIC/SIGNALIZATION FEES 11. Prior to final inspection the applicant shall pay the applicable Transportation Facilities Development Impact Fee as required by Arroyo Grande Municipal Code Section 3-2.501 et. seq. 12. Prior to final inspection, the applicant shall pay the applicable Traffic Signalization Fees as required by Municipal Code Section 3-2.3, et.seq. LIGHTING 13. 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 9-12.070 C(3) and 9-10.080. ��� 14. Construction shall be limited to between the hours of 7am and lOpm Monday through Friday and between 8am and Spm on Saturday or Sunday. DEVELOPMENT CODE 15. Development shall conform with the SR zoning requirements except as otherwise approved. 16. Signage shall be subject to the requirements of Development Code Chapter 9-13. Prior to issuance of a building permit or recordation, all illegal signs shall be removed. 17. 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 public view. All roof-mounted equipment which generates noise, solid particles, odors, etcetera, shall cause the objectionable material to be directed away from residential properties. -2- Resolution No. 97-1606 18. Prior to issuance of a building permit, all walls, including screening and retaining walls shall be compatible with the approved architecture, subject to the review and approval of the Community Development Director. 19. All walls (including retaining walls), 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 wall (including retaining walls), fence, or combination thereof shall exceed six feet (6') in height. 20. Prior to recordation of the Reversion to Acreage map, 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 "B" or if not shown shall be subject to review and approval of the Community Development Director. 21. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exhibit °B", except as specifically modified by these conditions. 22. 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. Lines shall have double rather than single lines. 23. All planted areas shall be separated from the driveway by concrete curbs. Parldng areas in front of garages do not neerl to be separated from landscaping by a concrete curb. 24. Prior to final inspection, the developer shall comply with Development Code Chapter 9- 15, "Improvements". All above ground utilities shall be undergrounded. 25. Prior to final inspection, the development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges"; 9-10.080, "Lighting"; 9-10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". 26. Prior to issuance of grading or building permits, the developer shall comply with Development Code, Chapter 9-12, "Parking and Loading Requirements". 27. Prior to paint or stucco color coat being applied to the building, the applicant shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48 hour notice is required for this inspection. LANDSCAPING 28. Prior to issuance of grading or building permits, a landscaping and irrigation plan shall be prepared by a licensed landscape architect and shall be consistent with the requirements of Development Code Section 9-12.130 Landscaping for Off Street Parking�Facilities and Section 9-06.050 B(4) Special Residential Development Standards 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 staldng, soil preparadon and planting detail; -3- Resolution No. 97-1606 (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 (5') of asphalt or concrete surfaces and curbs; (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. SOLID WASTE 29. Solid waste pick-up location as identified is acceptable. The trash enclosure shall be . designed consistent with the requirements of Development Code Section 9-10.120 (c) Screening of Refuse Stora�e Areas. � 30. In such cases where trash bin enclosures are to be installed abutting structures, the common wall shall be of a noncombustible masonry type material with no openings for vents or windows. 31. Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash trucks. PARKS AND RECREATION DEPARTMENT CONDITIONS PARK DEVELOPMENT FEES 32. Prior to issuance of a building permit, the developer shall pay the current parks development fee for each unit approved for construction. 33. The developer shall pay the cunent street tree planting fee/deposit. One 15 gallon size or larger street tree is required for every fifty (50') feet 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. TREE PRESERVATION/TREE REMOVAL PLAN 34. 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 cunent 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. -4- Resolution No. 97-1606 35. Prior to issuance of a grading permit, all trees to remain on site shall be marked with painVribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 36. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Parks and Recreation Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. POLICE DEPARTMENT CONDITIONS 37. Prior to issuance of build.ing permit, applicant to submit exterior lighting plan for Police Department approval. 38. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 39. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parldng, per Police Department requirements. SPECIAL CONDITIONS 40. An internal and/or external security system shall be provided by the developer and reviewed and approved by the Chief of Police in compliance with Development Code Section 9-06.OSOc(3). BUII.DING AND FIRE DEPARTMENT CONDITIONS � �7[�L�� 41. 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 ttie City of Arroyo Grande. FIRE LANFS � 42. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. -5- Resolution No. 97-1606 DEMOLTTION PERMIT/RETAINING WALLS 43. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. SPECIAL CONDITIONS 44. Flevators shall be provided that have an alternative back-up power source and that meet or exceed minimum state requirements, subject to review by the Planning Commission in compliance with Development Code 9-06-050 c(2). PUBLIG WORKS DEPARTMENT CONDITIONS All conditions of approval herein specified, unless otherwise noted, are to be complied with prior to the filing of the map. TREET 45. Improvements required of developing parcel will include street paving, curb, gutter, sidewalks, landscaping, the required utilities, grading and drainage. GRADING 46. All grading shall be done in accordance with Ordinance 303 C.S. IMPROVEMENTS 47. Prior to plan approval, the applicant shall enter into an agreement with the City for inspection of said improvements. 48. The applicant shall submit a grading and drainage plan for review and approval by the Public Works Department and the Community Development Department prior to issuance of building permits. PUBLIC UTILITIES 49. All new public utilities shall be undergrounded to comply with the Development Code. 50. All existing on-site public utilities shall be placed underground. EASEMENTS/DEDICATIONS 51. A minimum 6 feet Public Utility, Cable TV, and Telephone easement shall be dedicated adjacent to all street right-off-way. All public utility easements shall be �shown on the reversion map. 52. The applicant shall dedicate 10 feet tree planting and maintenance easements adjacent to all public street right-of-way, or as directed by the Parks and Recreation Department. T� Resolution No. 97-1606 � FEES Note: The actual amount due shall be calculated using fee rates in effect at the time of payment. 53. Map Checking - This fee will be collected prior to review of the plans. 54. Public Improvement Plan Plancheck and Inspection - Based on approveri estimated cost of public improvements. REPORTS/PLANS 55. Prior to recordation of the reversion map, a current preliminary title report shall be submitted to the Public Works Director. 56. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and 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. 57. All required public improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Specifications and Drawings. ENGINEERING 58. The following are Public Works fees and reimbursements which will be collected at the time building permits are issued for the project on site. a. L� WATER Traffic Mitigation Fee (CommerciaUIndustrial) Traffic Signalization Fee 59. These plans do not address water service. Identify whether or not an additional water service is proposed or whether the developer intends to utilize an existing water service. If additional units are to be added to the existing water service, the service size shall be evaluated to determine if it is adequate for the increased water usage. �PECIAL CONDITIONS 60. The applicant shall dedicate right of way for South F1m Street pursuant to the map recorded in Book l, Page 12 of Plan Line Maps. 61. The applicant shall install curb, gutter, and sidewalk on the full frontage of the project, prior to issuance of a Certificate of Occupancy. -7- Resolution No. 97-1606 62. The applicant shall provide conformance paving to the newly constructed curb and gutter prior to issuance of a Certificate of Occupancy. The line of conformance shall be determined in the field after construction of the curb and gutter. 63. The developer shall pay storm drainage fees where appropriate in accordance with City Ordinances. 64. The existing fire sprinkler lateral shall be modified to provide a�ouble detector check (DDC) backflow preventor. 65. The eacisting sewer lateral shall be properly removed and abandoned. A new lateral of appropriate size for the project shall be installed. 66. The existing water meter, box, and service shall be properly removed and abandoned. A new water service and meter of appropriate size for the project shall be installed. 67. The sidewalk on Elm Street shall provide a minimum of 4 feet clearance around the existing utility poles. Adequate easements or right of way shall be provided. 68. Conduits for the future undergrounding of utilities shall be provided as part of the Elm Street sidewalk construction. 'I'he number and orientation of conduits shall be based on recommendations by the utility companies, as approved by the Director of Public Works. 69. The project drainage shall exit the site through a single steel plate sidewalk underdrain, unless approved otherwise by the Director of Public Works. � 70. The applicant shall prepare a Final Map for recording the Reversion to Acreage, and provide all supporting documents and fees. : �