PC R 95-1521RESOLUTION NO. 95-1521
A RESOLUTION OT THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE ADOP'TING A
NEGATIVE DECLARATION WITH MITIGATION
MEASURFS, INSTRUC'TING THE SECRETARY TO FILE A
NOTICE OF DET�RMINATION, AND APPROVING
CONllITIONAL USE PERMIT (Y.U.D. PERMI'1� CASE NO.
95-534 AND . THE ASSOCIAT�D ARCHITECTURAL
REVIEW, TO CREAT� A FIVE-UNIT PLANNED UNIT
DEVELOPMENT, APPLIED FOR BY RICHARD DALE
ARMSTRONG AT 260 SPRUCE STREET AS AMENDED
' WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Per►nit Case No. 95-534 and tlie Associated Architectural Review, filed by
Richard Dale Armstrong, to create a�ve-unit planned unit development, in the
Condominium/Townhouse District; and
WHEREAS, the Planning Commission has held a public hearing on tl�is application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that tl�is project is consistent with the
General Plan and tlie 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
fiearing, tfie following circumstances exist:
Conditional Use Permit (P.U.D. Permit.) Findings:
1. The proposed development is consistent witl� 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 higl�ways.
3. The site for tlie proposed development is adequate in size and stiape to accommodate said
use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping,
and other features required by tl�e 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 tl�at tlie
approval of the proposed development will not result in a reduction of public services to
properties in tl�e vicinity so as to be a detriment to public health, safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse effect o��
surrounding property, or the permitted use thereof, and will 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
Itesolution No. 95-1521 -
Conditional Use Permit Case No. 95-534 (P.U.D.)
Richard Dale Ar�nstrong
July 5, 1995
Page 2
site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Plar�ned 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.
Architectural Review Findings:
1. The proposal is consistent with the "General Architectural Review Guidelines" for the
City of Arroyb Grande.
2. The proposal is consistent with tl�e 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 irtipair the desirability of investment or occupation in the
neighborhood.
Department of Fisli and Gaine 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.
2197 and Conditionat Use Permit Case No. 95-534.
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 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.
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 and
architectural review, subject to those conditions and mitigations listed below:
Resolution No. 95-1521 �
Conditional Use Permit C�se No. 95-534 (P.U.11.)
Ricl�:�rd D�le A�•mstrong
,Tu1y 5, 1995
Page 3
Geners�l Condilions
1. Tl�e applicant sl�all ascertain ancl comply witl� all State, County ancl City requirements
as are applicable to this project.
2. Development si�all occur in substaiitial conformance with the plans presented to the
Planning Commission at the meeting of July 5, 1995 and marked "Exhibit B" except as
specifically modified herein.
3. This application shall automatically expire on July 5, 1997 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. Tlle applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
tlie alternative, to relinquish sucl� approval. The applicant shall reimUurse the City, its
agents, officers, or employees, for any court costs and attorney's fee's which tl�e 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.
5. The applicant shall comply with all conditions of approval of Tentative Tract Map No.
2197.
6. Prior to issuance of a Certificate of Occupancy, the developer shall provide mail
receptacles for the units as required by the Postmaster of the Pismo Beach Post Office.
7. A negative declaration with mitigation measures has been adopted for this project. The
following mitigations sl�all be implemented as conditions of approval and shail be
monitored by the appropriate City department or other responsible agency. Tt�e
applicant sl�all be respoi�sible for verificat.ion in writing by the mo►�itorii�g
department or agency t.hat the mitigation meas�res have been implemented.
Mitigation MeASUres
8. Prior to issuance of building permits, tlie applicant shall subrnit for review and approval
of tlie City Council, an individual water program tl�at will neiitralize projected water
prior to issuance of building permits.
Monil.ori»g Uep�rtmci�l: Pubic Works Departmeiit
Time Frame: Prior to issuance of building permits
9. All construction shall utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not li►nited to, low flow shower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
with drvught tolerant landscaping and so forth.
Monitoring Department: B�ulding Department
Tiine Frame: During building plan cl�eck
10. Prior to final occupancy of any structure, all water conserving designs or fixtures shall
be installed. �
Resolulion No. 95-1 S 21
Conditional Use Permit Case No. 95-534 (P.U.D.)
Richard Dale Armstrong
July 5, 1995
Page 4
Monito►•ing Dep�rtment: Building llepartment
Time Frame: Prior to final occupancy
11. All landscaping shall be consistent with water conservation practices including the use
of drip irrigation, mulch, gravel, and bark. To the greatest extent possible, lawn areas
and areas requiring spray irrigation shall be minimized.
Monitoring Department: Parks and Recreation Department
• Time. Frame: During building plan check
12. The applicant shall comply with tl�e provisions of Ordinance 431 C.S., the Community
Tree Ordinance.
Monitoring Dep�rtment: Parks and Recreation/Building Department
. Ti�ne Frame: Prior to and during construction
13. The applicant shall comply with Ordinance 461 C.S. to mitigate project traffic impacts.
Monitoring Department: Building Department
Tiine Frame: Prior to Final Inspection and/or issuance of a Certificate of
_ Occupancy for each residence.
14. Fire Department Impact Fees of $750.00 per lot shall be paid prior to grading or lot
recordation, whichever comes first. A credit of $750.00 shall be allowed for the existing
� house.
Monitori�g Department: Fire Department
Time Frame: Prior to grading or recordation, whichever comes first
15. In the event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work shall be halted until the city has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (781-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect this mitigation.
Monitoring Department: Building Department/Public Works Department
Tiine Frame: Prior to issuance of permits for the note, during construction for
the balance of the condition.
16. Construction shall be limited to between the hour of 7 a. m. and 10 p, m. on Monday
through Friday and between 8 a. m. and 5 p. m. on Saturday and Sunday.
Monitoring Department: Public Works/Building Departmer►ts
Time Fra�ne: During Construction
Architectural Advisory Committee Conditions �
17. �Low level landscaping shall be used along the nortli property line where cars are backing
out of driveways.
Pl�nning De�artment Condit.ions
18. Development shall conform with the MF zoning requirements unless otherwise approved.
19. All new utilities shall be �inderground.
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Resolution No. 95-1521
Conditional Use Permit C�se No. 95-534 (I'.U.D.)
Richard D�le At�nstrong
July 5, 1995
Page 5
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20. All planted areas along the main project driveway 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.
20a. Garages must be provided witl� roll-up garage doors and automatic garage door openers.
Public Works Department Conditions
21. Prior to or concurrent with recordation of the final tnap the developer shall dedicate one
foot (1') along the property frontage for widening of Spruce Street and a ten foot (10')
wide street tree and public utilities easement.
22. The developer shall install concrete curb, gutter and sidewalk to City Standards with
necessary paving conformance. Paving section to be minimu►n of 6" Class II base and
2 1/2" Type B asphalt concrete.
23. Prior to recordation of the final map the developer shall submit a grading and drainage
plan for review and approval of the Director of Public Works. All improvement water
to drain to the street. Provide necessary drainage easements prior to or concurrent with
recordatzon of the final map.
24. All civil engineering plans to be prepared, stamped and signed by a civil engineer
registered in the State of California. �
25. The developer shall extend a sewer ►nain to tlie project witl� a►ninimum of 8" PVC SDR
pipe. Install sewer manhole with its connection of Spruce Street and at the end of the
line. Provide an easement with a minimum width of 20 feet prior to or concurrent with
recordation of the final ►nap.
26. All units s}iall be served with City water. Water services shall start from a manifold
under tl�e sidewalk. Size of waterline between tl�e manifold and tl�e water main shall be
determined by �re flow requirernents.
27.
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Prior to recordation of the final map, the developer shall pay drainage fees per adopteci
resolution.
Prior to issuance of building permits tl�e developer shall provide the City witlt a mylar
copy of the recorded Tract Map.
Parks and Recreativn Dep�rt.ment Conditions
29. Landscaping and irrigation plan to be designed by a licensed landscape architect utilizing
low flow heads, drip irrigation, drought tolerant plants and mulches for water retention.
30.
31.
32.
Tlie developer shall include one, 15 gallon street tree for eacli lot in the landscape plan.
Pruning of existing Oak tree sfiall be done by a certifiecl arborist.
The developer shall pay current park development fee of $1,363 per unit prior to
issuance of grading permit.
Resolution No. 95-15 21
Conditional Use Permit Case No. 95-534 (P.U.D.)
Richard Dale Armstrong
July 5, 1995
PAge 6
Building and Fire Department Conditions �
33. All addresses shall be visible at ttie street and on indivic�ual residences prior to issuance
of a Certificate of Occupancy.
34.
35.
36.
37.
38.
39.
40.
The project shall comply with the most recent eclitions of the State Fire and Building
Code.
Driveway shall be posted and enforced as a fire lane per Police and Fire Department
guidelines.
Prior to issuance of building permits the applicant shall properly remove or abandon all
existing nor�-conforming items such as septic tanks, wells, pipes and so forth.
Dust control management shall be provided during all phases of construction.
All conditions of approval shall be shown on tl�e construction plans.
A demolition permit shall be obtained prior to demolition of the existing house to obtain
existing credits.
No grading or stock piling of dirt prior to Public Works and Building Departments
approvals.
Police Department Conditions
41. Provide pole mounted light fixtures to illuminate parkingldriveway area on north side of
the project.
42. Prior to issuance of a Certificate of Occupancy post entrance to project: No parking
except tenants and guests per 22658 Vehicle Code and 4-12.01 Arroyo Grande Municipal
Code.
On motion of Commissioner Deviny, seconded by Commissioner Beck, and by the
following roll call vote, to wit:
AYES: Commissioners Deviny, Beck and Keen
NOTS: Commissioners Tappan and Carr
ABSENT: Commissioners Soto and Hatchett
the foregoing Resolution was adopted this Stl� day of July, 1995.
ATTEST:
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Nancy-B�oyvn, Commi�ion C�e�'
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