Loading...
PC R 97-1604RESOLUTION NO. 97-1604 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT CASE NO. 96-548 AND THE ASSOCIATED ARCHITECTURAL REVIEW; REVERSION TO ACREAGE CASE NO. 96-533, AT 222/224 SOUTH ELM STREET, APPLIED FOR BY HORIZON MULTI AOUSING, LLC; ADOPTION OF A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND INSTRUCTION THAT THE SECRETARY FILE A NOTICE OF DETERMINATION W�iEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 96-548, filed by Horizon Multi-Housing, LLC, to construct a 37 suite senior assisted care facility in the SR 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 WHFREAS, 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 Find.ings: 1. The proposed use is permitted within the subject district pursuant to the pmvisions 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. 97-1604 Reversion to Acreage Case No. 96-533 Conditional Use Permit Case No. 96-548 Horizon Multi-Housing, LLC February 18, 1997 Page 2 Reversion to Acreage Findings: 1. No dedications or offers of dedicarion will be vacated or abandoned as part of the reversion to acreage. 2. All owners of an interest in the real property within the subdivision have consented to the reversion. In this case, the only property owner is the applicant. Department of F'�sh 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. 96-548. 2. Based on the initial study, a negative declaration was prepared for review by the public an 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 substandal 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. 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. 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, TH�RF.FORE BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said reversion to acreage and conditional use permit and the associated architectural review, and Mitigated Negative Declaration subject to the attached Conditions of Approval Exhibit "A" and Project plans stamped February 18, 1997. Resolution No. 97-1604 Reversion to Acreage Case No. 96-533 Conditional Use Permit Case No. 96-548 Horizon Multi-Housing, LLC February 18, 1997 Page 3 On motion by Commissioner Lubin, seconded by Commissioner Titus, and by the following roll call vote, to wit: AYFS: Commissioners Lubin, Titus, Deviny, Ke�n, and Tappan NOES: None ABSENT: None the foregoing Resolution was adopted this 18th day of February, 1997. ATTEST: �. Breese, Commission Clerk C✓ William Tappan, hair AS TO CONTENT: �� �. , � Doreen Libefto-Blanck, Community Development Director Resolution No. 97-1604 EXHIBIT "A" CONDITIONS OF APPROVAL REVERSION TO ACREAGE CASE NO. 96-533 CONDITIONAL USE PERNIIT CASE NO. 96-548 AND ASSOCIATED ARCHITECTURAL REVIEW VARIANCE CASE NO. 96-201 DEVELOPMENT CODE AMENDMENT 96-004 HORIZON MULTI-HOUSING, LLC 222/224 South Elm Street COMMUIVITY 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 expiradon. 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 acdon. 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. -1- 8. Prior to issuance of a final cert�cate 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. TREE 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. NOISE 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- 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 parldng 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. Parking areas in front of garages do not need to be separated from landscaping by a concrete curb. <;. 24. Prior to final inspection, the developer shail 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 Landscapin� for Off Street Parking Facilides 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: -3- (a) Tree staldng, 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 (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 la�dscaping 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 abutdng 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 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. -4- 35. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paintlribbon 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. b. c. d. ��I � , � No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. No storage of equipment, supplies, tools, etc. , within 8' of the trunk of any tree. No grading shall occur under a trees. dripline, unless approved by the Parks and Recreation Director. 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 building 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 CONDI'I'IONS UBC/LTFC 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 the City of Arroyo Grande. FIRE LANES ' 42. All fire lanes must be posted and enforce�, per Police Department and Fire Department guidelines. DEMOLTITON PERMIT/RETAIrTING WALLS 43. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. -5- SPECIAL CONDITIONS 44. Elevators 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). PUBLIC WORKS DEPARTMENT CONDITIONS All conditions of approval herein specified, unless otherwise noted, are to be complied with prior to the filing of the map. STREETS 45. Improvements required of developing parcel will include street paving, curb, gutter, sidewallcs, 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. 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 approved 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 Anoyo 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. Traffic Mitigation Fee (CommerciaUIndustrial) b. Traffic Signalization Fee WATER 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. SPECIAL CONDITIONS 60. The applicant shall dedicate right of way for South Elm Street pursuant to the map recorded in Book 1, 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. 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. 5� 64. The existing fire sprinkler lateral shall be modified to provide a double detector check (DDC) bacl�low preventor. 65. The existing 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 F1m 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. The 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. I � �