PC R 95-1497RESOLUTION NO. 95-1497
A RESOLUTION OT 1'I PLANNING COMMISSION OF
THE CITY OF ARROYO GRAND� APPROVING
CONDITIONAL USE PERMIT CASE NO. 94-531 AND THE
ASSOCIATED ARCHITECTURAL REVIEW, AT 163 SOUTH .
ELM STRE�T, APPLIED FOR BY P�OPLES' SELF-HELP
HOUSING CORPORATION; ADOPTION OF A NEGATIVE
DECLARATION WITH MITIGATION MEASURES AND
INSTRUCTION TIIAT THI: S�CR�TARY FILE A NOTICE
OF D�TCRMINATION
WII�REAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 94-531, filed by Peoples' Self-Help Housing Corporation, to
construct a 20 unit multi-fa►nily apartment complex for lower income persons in the MF Zone;
and
WI-IER�A5, tl�e Planning Commission has t�eld a public hearing on this application in
accordance with the City Code; and
WHCREAS, the Planning Commission has found that this project is consistent with tl�e
General Plan and the Environmental documents associated therewitli; and
WHER�AS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and I�as determined tiiat 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. Findings:
1. The proposed use is permitted witl�in the subject district pursuant to the provisions 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 establisl�ed or located.
3. The site is suitable for tl�e type and intensity of use or development tl�at 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 l�ealth and safety.
5. The proposed use will not be detrimental to the public heatth, safety, or' welfare, or
materially injurious to properties and improvements in the vicinity.
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Resolution No. 95-1497
Conditional Use Permit C�se No. 94-531
Peoples' Self-I-Ielp Housing Co�•por�tio�i
January 17, 1995
Page 2
Department of Fish and G�me Required rindings:
1. The City of Arroyo Grande I�as prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Ei�vironmental Quality Act for Conditional Use Permit
Case No. 94-531.
2. Based on tl�e initial stuciy, 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 wliole, the Planning Commission adopted the negative declaration and found
tliat there is no substantial evidence of any significant adverse effect, either individually
or on the l�abitat upon wf�ich t1�e wildlife depends as a result of development of this
project.
Architectui•�1 Review Findi►�gs:
1. The proposal is consistent with the "General Arcl�itectural Review Guidelines" for the
City of Arroyo Grande.
2.
3.
4.
5.
6.
The proposal is consistent with the text and maps of the Arroyo Grande General Plan,
and the City of Arroyo Grande Development Code.
The proposal will not be detriinei�tal to the health, safety, comfort and general welfare
of the persons working in the neighborhood of the proposed project.
The general appearance of the proposal is in keeping with the character of the
neighborhood.
The proposal is not detrimental to the orderly and harmonious development of lhe City.
The proposal will not impair the desirability of investment or occtipation in the
neighborhood. '
NOW, TI B� IT R�SOLVED that the Planning Commission of the City
of Arroyo Grande hereby approves said conditional ��se permit and the associated arcl�itectural
review, subject to the standard conditions of the City and those conditions listed below:
General Conditions
1. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. This application sl�all automatically expire on January 17, 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.
Resolution No. 95-1497
Conditional Use Permit Czse No. 94-531
Peoples' Self-Help Housing Corporation
Jamiary 17, 1995
Page 3
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at tl�e meeting of January 17, 1995 and marked "Exhibit A". Door
color and style may be rnodified subject to Planning Director approval.
4. The applicant sl�all agree to defend at I�is/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish sucli approval. The applicant shall reimburse the City, its
agents, officers, 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 shall not relieve applicant of his/her obligations
under this condition.
5. Prior to final inspection, tl�e developer sl�all provide mail receptacles for tlie units as
required by the Postmaster of tl�e Pismo Beach Post Office.
6. A negative declaration witl� mitigation measures has been adopted for this project. The
following mitigations shall be implemented as conditions of approval and shall be
monitored by the appropriate City department or other responsible agency. The
applicant shall Ue responsible for verification in writing by the monitoring
department or agency that the miligation measures have Ueen implemented.
Mitigation Measures
7. Prior to issuance of demolition permits for existing facilities, the applicant must
demonstrate exemption from or compliance with the Asbestos Notification Requirements
of Part 40 of the Code of Federal Regulations (Part 61, subpart M). AB 2791 requires
that asbestos notification, or a declaration of project exemption, must be submitted to the
APCD before the issuance of a demolition permit. Question regarding these
requirements should be directed to Tim Fults, APCD Enforcement Section, at (805) 781-
5912.
Time Fi•aine: Prior to issuance of a demolition permit.
Monitoring Dep�rtment: Air pollution Control District
8. All construction sl�all utilize fixtures and designs which minimize water usage. Such
fixtures and designs shall include, but are not limited to, low flow sliower heads, water
saving toilets, instant water heaters or hot water recirculating systems, drip irrigation
with drought tolerant landscaping and so fortf�. Water conserving designs and fixtures
sl�all be installed prior to final occupancy.
Tune Fi•�rne: Prior to final occupancy.
Monitoring De�ai•tment: Building Department
9. All project landscaping shall be consistent witll water conservation practices including the
use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest extent
possible, lawn areas and areas requiring spray irrigation shall be minimized.
Time Frame: Prior to Building Final Inspection.
Monit.oring Depart�nent: Parks and Recreation Department.
Resolution No. 95-1497 �
Conditional Use Permit Case No. 94-531
Peoples' Self-I-ielp I�Iousi��g Corporation
January 17, 1995
Pzge 4
10. All construction equipment shall be provided with well maintained, functional mufflers
to limit noise emissions.
Time Fr�me: During Construction.
Monitoring Depa� Building Department
11. All construction activities sl�all be limited to Monday througli Saturday between t}�e hours
of 7 am and 8 pm.
Time Tr�me: During Construction.
Monitoring Depac-tment: Building Department
12. In the event tl�at during grading, construction or development o
archaeological resources are uncovered, all work shall be halted
reviewed the resources for tl�eir significance. If l�timan burials ar
County Coroner (781-4513) sl�all be contacted immediately. The
required to provide archaeological studies and/or mitigation measures
improvement plans shall be noted to reflect this mitigation.
Tirne rr�me: Prior to issuance of building permits for
construction.
Monitoring De��rhnent: Building Department
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f tl�e project, any
until the city has
e encountered, the
applicant may be
. All grading and
the note, during
Planning Dep�rt.ment Conditions
13. Development sl�all conform witli the MF zoning requirements except as approved by
Variance Case No. 94-187 and tliis approval.
14. Prior to issuance of building permits, tl�e applicant sl�all enter into an agreement, or shall
record a deed restriction, at tl�e discretion of, and in a form approved by the City
Attorney, wliereby tl�e applicant agrees on behalf of itself and its successors in interest,
to maintain the affordability of the units for 30 years or a longer period of time if
required by t}ie CBDG program, or the construction or ►nortgage financing assistance
prograrn, or the mortgage insurance progra►n or rental assistance prograrn.
15.
16.
17.
Prior to issuance of builcling permits, a Reversion To Acreage map shall be recorded.
The project name shall be subject to review and approval of the City Council.
Signage shall be subject to the requirements of Chapter 9-13 of the Development Code.
18. Prior to issuance of building permils, three (3) sets of revised plans shall be subrnitted
to be reviewed and approved by the Planning Department, Parks and Recreation
Department, and Police Department. The plans shall be revised to include the following:
a. All ducts, meters, air conditioning equipment and all other mechanical equipment,
wl�etl�er on tl�e ground, on tlie structure or elsewl�ere, shall be screened from
ptiblic view with materials arcl�itecturally compatible with the main structure. It
is especially important tl�at gas and electric meters and electric transformers be
completely screened fro►n public view. Screening sl�all comply wit11 Development
Code Section 9-10.120D.
Resolulion No. 95-1497
Conditional Use Permit Case No. 94-531
Peoples' Self-Help Housing Corporat.ion
January 17, 1995
Page 5
b. All walls, including screening and retaining walls sl�all be compatible with the
approved architecture. Fences within the required front yard setback shail
comply with Development Code Section 9-10.070 A(1).
c. An exterior lighting plan subject to the review and approval of the Planning and
Police Departments which sl�all comply with Development Code Section 9-10.080
and Police Department requirements.
d. A landscaping and automatic irrigation plan prepared by a licensed landscape
architect subject to review and approval by the Planning, Police, and Parks and
Recreation Departments. The landscaping plan shall include the following:
(1) Tree staking, soil preparation and planting detail;
(2) Tl�e use of landscaping to screen ground-mounted utility and mechanical
equipment;
(3) Tl�e required landscaping and improvements. This includes:
(a) Deep root planters or equal shall be included in areas where trees
are witl�in 5' of asphalt or concrete surfaces and curbs;
(b) Water conservation practices including the use of drip irrigation,
mulch, gravel, drought tolerant plants and bark shall be
incorporated into the landscaping plan;
(c) All slopes 2:1 or greater shall have jute mesh or equivalent
material;
e. Parking lot improvements sliall comply with Develop►nent Code section 9-12.070
except as modifiecl by Variance Case No. 94-187.
f. Trash enclosures sl�all comply with Development Code Section 9-10.120C.
19. The developer sl�all comply with all the requirements of Chapter 9-15 of tl�e City of
Arroyo Grande Development Code. All streets, sidewalks, curbs, gutters and public
improvements s}iall be constructed to City Standards. All utilities shall be
undergrounded.
Police DepaMment Conditions
20. Perimeter fencing shall be provided prior to final inspection.
Resolut.ion No. 95-1497
Condit.ional Use Permit. Case No. 94-531
Peoples' Self-IIelp I-Iousing Corpor:�tion
,T�m�ary 17 1995
Page 6
Build+ng and Fire Dep�rtment Conditions
21. Prior to issuance of building permits the applicant shall properly remove or abandon all
existing non-conforming items such as septic tanks, welis, pipes and so forth. The
applicant shall pay particular attention to tlie iron pipe at tl�e rear of the lot.
22.
23.
24.
25.
26.
27.
28.
A demolition permit is required for any structures on site. Wit1i the demolition permit,
building credits shall be reviewed.
All perimeter fence posts shall be steel.
Provide parking lot clarifiers as deemed necessary by the Director of Building and Fire.
Fire Department access ►nust comply witl� California Fire Code, most recent edition.
Fire Department impact fees of 29 cents per square foot shall be paid prior to grading
or map recordation, whicl�ever comes first.
Roofs sliall meet Class "A" requirements.
The project must comply with the most recent edition of the State Fire and Building
Codes.
Public Works Dep�t�t.ment Condit.ions
29. All improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and sl�all be approved by the Public Works Director prior to issuance
of any City Permits. I►nprovement 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.
30. Tl�e applicant sl�all dedicate rigl�t of way for South Elm Street pursuant to the map
recorded in Book l, Page 12 of Plan Line Maps.
31. The applicant sl�all install public improvements along the Elm Street frontage of the
project with tlie necessary. transitions to existing properties Nortl� and South of-the project
and paving conformance between the new curb and gutter and the existing paving.
32.
33.
Street lights sl�all be installed to PG&� standards.
The developer shall pay drainage fees where appropriate in accordance witli City
Ordinances.
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Resolution No. 95-1497
Conditional Use Permit Case No. 94-531
Peoples' Self-Help I Corpor�tion
January 17, 1995
Page 7
Parks and Recreation Depactment Conditions
34. The applicant shall comply with all the provisions of Ordinance 431 C.S.. All plans
shall include notes referring to Ordinance 431 C.S. and conditions of development
around and under Oak trees (protective fencing, trenching, and grading).
35.
36.
37.
38.
39.
40.
Mitigation measures for any tree to be removed include a 3:1 replacement ratio.
Tt�e applicant shall have a certified arborist evaluate the condition of trees on site and
provide any necessary pruning.
Prior to issuance of IIuilding permits, the applicant sl�all pay Park Development fees of
$1252.00 per unit unless such fees are reduced or waived by tlie City Council.
Protective fencing shall be installed around all Oaks to remain prior to issuance of any
permit.
Coordinate the size and design of the tot lot with the Parks and Recreation Director.
Add a drinking fountain and bike rack in the common area at the rear of the common
building.
On motion of Commissioner Soto, seconded by Commissioner Hatchett, and on the following
roll call vote, to wit:
AYES: Commissioners Soto, Carr, Hatchett, Beck and Vice Cl�airperson Tappan
NOES: None
ABSENT: Commissioners Deviny and Chairperson Keen
the foregoing Resolution was passed and adopted this 17th day of January, 1995.
ATTTST:
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Nancy Brow Commission Clerk illiam Tap a�, Vice Chairperson
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