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PC R 95-1500R�,SOLUTION NO. 95-1500 A R�SOLUTION OT 'I'I-IC PLANNING COMIVIISSiON Or TII� CITY OI�' ARROYO GRAND� APPROVING CONDITIONAL USC P�RMIT (I'.U.D. P�RMI'1� CAS� NO. 94-528, AND ASSOCIA'1'ED ARCHITECTURAL REVIGW TO CREATE A 37-UNIT' PI.ANN�D UNIT DEVELOPM�NT, APPLIED rOR BY rARItOLL ROAD GROUP AT 1131 FARROLL AVENU�; ADOPTION OF A NEGATIVC I)�CLAItA'I'ION W['TII MITIGATION MEASURCS AND INS1'RUCI'ION TIIAT TIIC SrCRC'TARY FIL� A NOTICE Or D�TCRMINA'TION WHER�AS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 95-528, and Associated Architectural Review, filed by Farroll Road Group, to create a thirty seven (37)-unit planned unit development, in the Condominium/Townhouse District; and WII�R�AS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WI the Planning Commission has found that this project is consistent with the General Plan and the Cnvironmental documents associated therewith; and WHER�AS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CCQA), the CEQA guidelines, and the City's Rules and Procedures for the Implementation of CrQA; ancl WH�RI:AS, the Planning Commission finds, after due study, deliberation and public liearing, the following circtimstances exist: Condit.ion�l Use Permit. (P.U.D. Per�nit) ri�idings: 1. The proposed development is consistent with the goals, objectives, and programs of tlie 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 highways. 3. The site for the proposed development is adequale 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 developmei�t wiU 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. 5. The proposed development, as conditioned will not have a substantial adverse effect on Resolutioii No. 95-1500 Conditional Use Per�nit Case No. 94-528 (P.U.D. Per�nit) �nd Associated Architectui•al Revie�v Tarroll Ro�d Group Febcu�ry 7, 1995 Page 2 surrounding property, or the permitled 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 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 tl�e 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 rish �nd G�me Required rindings 1. The City of Arroyo Grande l�as prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Conditional Use Permit Case No. 94-528. 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 fo�md that ihere 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. Architectur�l Review rindings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for tl�e 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. Tl�e proposal will not be detrimental to the I�ealtfi, 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. Resolut.ion No. 95-1 SOU Coudit.ion�l Use Pecmit C�se No. 94-528 (P.U.D. I'ermit) �nd Associat.ed Architectural Review F�rroll Road Group Tebru�ry 7, 1995 P�ge 3 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 neighborl�ood. NOW, TI-IGRE�ORE, I3C IT RCSOLVED 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, ancl approves said conditional use permit and associated architectural review, subject to the standard conditions of the City and those conditions aiid miligations listecl below: Gener�l Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable lo this project. 2. Development shall occur in substantial conFormance with the plans presented to the Planning Commission at the meeting of Pebruary 7, 1995 and marked "Exhibit A" and "Exhibit B" except as modified by these conditions and mitigation measures and except as amended by "Exhibit C° to reduce the number of lots to 37. 3. This application shall automaticaliy expire on February 7, 1997 unless all public improvements (utilities, streets, siclewalks, drainage facilities, and etc.) have been constructed, approved and accepted by the City Council. Thirty (30) days prior to the expiration of tl�e approval, tl�e applicant may apply for an extension of one (1) year fro►n the original date of expiration. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or emrloyees because of the issuance of said approval, or in the alternative, to relinquish such approvaL The applicant shall reimburse the City, its agents, ofCcers, 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 shail not relieve applicant of his/her obligations under this condition. 5. The applicant shall comply with all conditions of approval of Lot Line Adjustment Case No. 94-521. No building permits shall be issued until the Certificate of Lot Line Adjustment is recorded. 6. Prior to final inspection of any residence, the developer shall provide mail receptacles for the tinits as required by the Postmaster of the Pismo Beacli Post Office. Resolulion No. 95-15UU Condition�l Use Per�nit C�se No. 94-528 (P.U.D. Permit) �nd Associated Architeckur�l Revie�v Tai•roll Road Group Tebruary 7, 1995 Page 4 7. A negative declaration witli mitigation measures has been adopted for tl�is project. Tt�e following mitigations shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The a�plic�nt. shall be responsible for verific�tion in wciti��g by the monit.oring depart►nent. or �gency th�t. the mitig�tion me�sures have been implemented. Mitigltion Me�sures 8. Sewer and storm cirainage easements and facilities shall be provided ro the satisfaction of tl�e Director of Public Works. Monitoring Dep�rtme��t: Public Works Department Time Fr�me: Prior to issuance of building permits for easements, prior to final inspection of any building for facilities. 9. Prior to issuance of building pennits for any house, a revised project site plan shall be submitted to tl�e Planning Director for review and approval. Said plan shall incorporate sewer and storm drain easements and facilities as deemed necessary by the Director of Public Works. Said plan sl�all sl�ow all building selbacks, lot coverage, open space calculations and other sucl� facts and figures as are necessary to determine compliance with the provisions of the Development Code. If the Planning Director determines that there is a significant deviation from the plans approved by the Planning Commission, then the Director sf�all refer the revised site plan to the Planning Commission for review of substantial conformance through a non-public hearing. Monitoring Depa�•tment: Planning Department Time I'rame: Prior to issuance of building permits. 10. In the event that during grading, construction or development of the project, any archaeological resources are uncovered, all work sl�all be l�alted until the city lias reviewed the resources for their significance. If human burials are encountered, the County Coroner (781-4513) shall be contacted immediately. Tl�e applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvement plans sl�all be noted to reflect tl�is mitigation. Monitoring Dep�rtment: Building Deparhnent/Public Works Department Time Trame: Prior to issuance of permits for the note, during construction for the balance of the condition. Architectur�l Advisory Conunit.tee Condilions 11. If feasible, front yard landscaping should have groupings of trees and the number of street tree species should be limited to five (5) or fewer. This condition shall be implemented as part of Parks and Recreation Department Condition Number 36. Resoh�tion No. 95-ISUO Condit.ion:�l Use Pern�it. Cs�se No. 94-528 (P.U.D. Per�»if) �»d Associ�ted Ai•chilectur�l Revie�v I+�rroll Ro�d Group Febru:�ry 7, 1995 Page 5 12. The applicant shall provide a detailed entry for the project at Farroll Avenue. This should include tencing, walls, and landscaping. Prior to issuance of any building perrnits, the applicant shall submit a plan for said entry for review and approval of the Planning Director. The entry shall be constructed prior to acceptance of public improvements. 13. The color board for the project is approved, however the Architectural Advisory Committee (AAC) may approve revisions to the project cvlors and materials. Any revision must be reviewed by the AAC prior to construction of the affected residences and shall not be deemed approved unless a written approval letter is issued by the Planning Department based on the AAC review. Planning Departme��t Conditions � 14. Development shall comply with the requirements of the City of Arroyo Grande llevelopment Code unless otherwise approved. 15. Setbacks, lot coverage, anci fioor area ratios sliall be as shown on tl�e development plans, "Exhibit A" and "Cxhibit B", except as modified herein. 16. Garages with front entrances may be located 19 feet from the property line providing access, provided that roll-up garage doors and automatic garage door openers are provided. If such amenities are not provided, the minimum setback shall be increased to 20 feet. 17. The minimum distance between buildings shall be ten feet (10'). 18. Prior to issuance of building permits for any house, and in conjunction with mitigation measure 9, the applicant shall submit detailed calculations for project open space. Tlie amount of open space shown on the revised plans shall not be less than 42% excluding driveways and 48.5% including driveways. If the Planning Director determines that there is a significant deviation from the plans approved by the Planning Commission, then lhe Director shall refer the revised site plan to the Planning Commission for review of substantial conformance through a non-public hearing. 19. The applicant shall provicle a minimum of four distinct footprints with three elevations per building footprint. Each footprinl and each elevation shall be constructed in approximately equal numbers and shall be evenly dispersed throughout the project. No more than 14 ancl no fewer than six homes of each footprint shall be constructed, unless an alternative footprint is approved by the Planning Director. The number of each type of footprint shall be specified as part of mitigation measure 9. The location of the footprints may be varied from the location identified as part of mitigation measure 9, (provided all code rec�uirements and �roject conditions are met) but the number of each footprint may not be varied. Resolution No. 95-1500 Conditional Use Per mit. Case No. 94 (P.U.D. Perit�it) �nd Associ�ted Archit.ectur�l Itevie�v Tarroll Ro�d Group FeUru�ry 7, 1995 Page 6 20. Minor variations in building footprints (where there is no net change in building square footage and only minor exterior changes) may be approved by the Planning Director. Major variations in building footprints and/or replacement footprints may be approved by the Planning Director after review by tl�e Architectural Advisory Committee. Changes that increase lot coverage or decrease open space shall require tl�e applicant to file a revised PUD permit application. 21. Prior to final inspection for eacl� home, front and street side yard landscaping sl�all be installed and provided with an adec�uate underground irrigation system. 22. Prior to tt�e sale of any lot or final inspection of any unit, whicliever occurs first, five foot (5') wide maintenance easements shall be provided for all units proposed to be constructed upon a lot line. Said easements shall be located on the adjacent lots, along, and parallel to, tlie zero lot line dwelling. Said easements sliall grant access to the owners of zero lot line dwellings for purposes of maintaining the zero lot line walls. 23. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs sliall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems and so fortli. 24. All landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulcl�, gravel, and bark. To the greatest extent possible, lawn areas and areas reqEiiring spray irrigation sl�all be minimized. 25. Prior to final inspection of any structure, all water conserving designs or fixtures sl�all be installed. 26. The developer shall comply with Development Code Chapter 9-15 "Improvements". All above ground utilities shall be undergrounded. 27. The developer shall comply with Development Code Chapter 9-14, "Dedicalions, Pees and Reservations." 28. Prior to issuance of building permits for any house, deed restrictions shall be submitted, revieweci and approved by the City Attorney and recorded, to prol�ibit additions to any unit. Building �nd Fire Dep�c tn�ent Conditions 29. The project must comply with the most recent edition of lhe State Fire and Building Codes. 30. Fire lanes must be posted per police and fire department guidelines prior to final inspection. Rcsolution No. 95-1500 Condilion:►1 Use Pe�•mit C�se No. 94-528 (P.U.11. Permit) �tnd Associated Ai•chitectur�l Review Ta�•roll Road Group February 7, 1995 Page 7 31. 32. 33. 34. 35. The proposed hammerhead turn-around shown must meet fire department guidelines and be posted per police and fire department guidelines. Roofs shall be Class A. Fire hydrants shall comply with Fire Department and Public Works Department standards and guidelines and be approved by the Fire Department (spacing and type.) Prior to issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, wells, pipes and so forth. A demolition permit is required for any structures on site. With the demolition permit, building credits sl�all be reviewed. P�rlcs �nd Recre�t.ion Dep�rtn�ent. Conditions 36. Prior to issuance of building permits, submit a landscape plan for review and approva( of the Director of Parks and Recreation. The plan shall be prepared by a licensed landscape architect utilizing low flow heads, drip irrigation, mulches and drought tolerant plants. 37. All trees witliin five feet (S') of as��l�alt or concrete paving, walls, etc. sl�all include deep root planters. 38. Prior to issuance of building permits, the developer sh�ll pay street tree fees. The fee shall be refunded upon the developer planting approved street trees (1 tree per 50' frontage). 39. Tf�e developer sl�all comply witl� all tl�e provisions of Ordinance 431 C.S. Refer to Howland Family Trust tree removal agreement and removal permit. 40. The developer shall reqiiest that the project be annexed into Arroyo Grande Landscaping and Lighting Assessment llistrict No. l. The developer shall be responsible for preparation of documents requested by the City for the annexation. Said annexation shall be completed prior to acceptance of public improvements. Public Worlcs De���rtment Condit.ions 41. Replace existing 6" ACP water main to 8" PVC water main in front of project along Farcoll Avenue prior to issu�nce of building permits unless otherwise justified by engineering calculations and approved by tlie City Engineer. 42. Prior to rnal inspection for occupancy of any building, public right of ways for streets, and easements for water, sewer and storm drainage pipes shall be accepted by the City. ltesolutio�i No. 95-15U0 Condition�l Use Per mil C�se No. 94-528 (P.U.U. Permit) and Associated Architect�u•al Revie�v Farroll Road Group FeUruary 7, 1995 Page 8 43. 44. 45. Prior to final inspection for occupancy of a►ry building, public improvements for streets, water, sewer, and storm drain pipes shall be installed and accepted hy the City. Prior to final inspection for occupancy of any building, all public utilities such as gas, electric, television ancl cable television sl�all be inslalled. Prior to final inspection for occupancy of any building, install street ligl�ts to PG&E standards. 46. Prior to final inspection for occupancy of any building, tf�e developer shall deposit a warranty bond iil tl�e amount of 10% of the Engineer's construction estimate for public improvements for a period of one year for maintenance of the installed public improvements. 47. If the developer begins buildii�g construction prior to installation of street improvements, and the developer is allowed to provide an all weather road in the project, and if this road will stay, the road sl�all be aspl�alt and sl�all be designed with a T.I. of 5.5, finisli grade 1.5" below grade. Prior to final acceptance of road improvements, the roadway will be capped witl� a 1 1/2" asphalt overlay. 48. Only tl�e drainage easements sl�own on Exl�ibit A with storm drain pipes shall be accepted by the City. All other drainage easements shall be maintained by the property owners. Prior to issuance of building permits, tl�e developer shall record maintenance agreements, drafted to the approval of the City Attorney, for the drainage easements. 49. 50. Prior to issuance of building permils, the applicant shall pay drainage fees. Storm drain easements shall have a minimum width of ten feet (10'). Sewer easements shall have a minimum width of fifteen feet (15'). � 51. All improvement plans shall be prepared by a registered civil engineer, licensed in the State of California, and shall be approved by the Public Works Director prior to issuance of any City Permits. Improvement plans shall include, but are not limited to, grading, street, drainage, sewer, water, and appurtenant improvements. As required, the plan submittal shall include construction cost estimates, plan check fees, soil reports, and all other pertinent engineering design calculations. 52. The applicant shall dedicate right of way for widening Farroll Avenue to collector street standards. Resolution No. 95-1500 Conditional Use I'ermit C�se No. 94-528 (P.U.I). Pern�il) �»d Associ�ted Architectural Review I+arroll Ro�d Group Tebi•u�i•y 7, 1995 Page 9 53. The applicant shall install public improvements along the Farroll Avenue frontage of the project consistent with collector street stanclards and with the necessary transitions to existing properties rast ancl West of tl�e project and paving conformance between the new curb and gutter and the existing paving. Transitions may iiiclude construction of an A.C. berm between tl�e westerly project boundary and Soutl� Elm Street to control drainage. 54. Dedicated right of way for interior streets shall be a minimum of 52 feet. A ten foot (10') street tree and public utility easement shall also be dedicated on each side of the right of way or along the frontage(s) of all lots. 55. Improvements on dedicated street right of ways shall be a minimum of 40 foot, curb face to curb face, roadway and a six foot (6') sidewalk on each side. Improvements shall meet City Standards or as approved by the Direclor of Public Works. On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYCS: Commissioners Tappan, Deviny, Beck and Chairperson Keen NO�S: Commissioner Soto ABSENT: Commissioners Carr and Hatchett the foregoing Resolution was adopted this 7th day of February, 1995. ATTEST: Nancy Bro , Commission Clerk n Keen, C a�rperson � �� �J � �