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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. n L__J 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 � � 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. � 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: � Nancy-B�oyvn, Commi�ion C�e�' (/ v �.L/ ��1/ � !/► - - .�j � �! " � � �_ �