Agenda Package - PC_May17_2022PLANNING COMMISSION MEETING
AGENDA
Tuesday, May 17, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
Please click the link below to join the Zoom Meeting:
https://us02web.zoom.us/j/83255848846
Webinar ID: 832 5584 8846
Or by Telephone: 1-669-900-6833; 1-346-248-7799
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly
Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act,
Planning Commission meetings will be conducted by video/teleconferencing through Zoom Webinar until
further notice. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-
span.org. Members of the public may participate and provide public comment on agenda items during the
meeting by joining the Zoom meeting or by submitting written public comments to the Clerk of the Commission
at pc-publiccomment@arroyogrande.org.
1.CALL TO ORDER
2.ROLL CALL
3.FLAG SALUTE
Vice Chair Maraviglia.
4.AGENDA REVIEW
The Commission may revise the order of agenda items depending on public interest and/or special
presentations.
5.COMMUNITY COMMENTS AND SUGGESTIONS
This public comment period is an invitation to members of the community to present issues,
thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to
those matters that are within the jurisdiction of the Planning Commission. Members of the public may
provide public comment remotely by joining the Zoom meeting utilizing one of the methods provided
below. Please use the “raise hand” feature to indicate your desire to provide public comment.
Click the link below to join the webinar:
• https://us02web.zoom.us/j/89129208197; Webinar ID: 891 2920 8197
• Or Telephone Attendee: 1-669-900-6833; 1-346-248-7799; 1-253-215-8782; Press * 9 to “raise
hand” for public comment
The Brown Act restricts the Commission from taking formal action on matters not published on the
agenda. In response to your comments, the Chair or presiding official may:
• Direct City staff to assist or coordinate with you.
• A Commissioner may state a desire to meet with you.
• It may be the desire of the Commission to place your issue or matter on a future agenda.
Please adhere to the following procedures when addressing the Commission:
• Comments should be limited to 3 minutes or less.
• Your comments should be directed to the Commission as a whole and not directed to an individual
Commissioner.
• Slanderous, profane or personal remarks against any Commissioner or member of the audience
shall not be permitted.
6.WRITTEN COMMUNICATIONS
Correspondence or supplemental information for the Planning Commission received after Agenda
preparation. In compliance with the Brown Act, the Commission will not take action on
correspondence relating to items that are not listed on the Agenda, but may schedule such matters
for discussion or hearing as part of future agenda consideration.
7.CONSENT AGENDA
7.a.Approval of Minutes
(HOLUB)
Recommended Action:
Approve the Minutes of the May 3, 2022 Regular Meeting.
7.b.Consideration Of Time Extension 22-002 For Conditional Use Permit No. 19-002; One Year
Time Extension In Accordance With The Arroyo Grande Municipal Code; Location – 207
Pilgrim Way; Applicant – David Mi; Representative – Warren Hamrick
Recommended Action:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 22-002.
8.PUBLIC HEARINGS
8.a.Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002; Subdivision
and Construction Of Nine (9) Two-Story Residential Units and a Two-Story Mixed-Use
Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant – Floyd
Recommended Action:
It is recommended that the Planning Commission adopt of a resolution approving the
proposed project.
9.NON-PUBLIC HEARING ITEMS
None.
10.NOTICE OF ADMINISTRATIVE ITEMS SINCE MAY 3, 2022
Item No. 1: Plot Plan Review 22-012; Establishment Of A Vacation Rental In An Single Family
Residence; Location – 189 Brisco Road, Unit D; Applicant – Edward Shapiro
Item No. 2: Plot Plan Review 22-019; Establishment Of A Medical Services Business In An
Existing Commercial Tennant Space; Location – 1237 East Grand, #102; Applicant – Western
Dental; Representative – Paula Harris, Kamus + Keller
Item No. 3: Plot Plan Review 22-020; Establishment Of A Vacation Rental In An Existing Single
Family Residence; Location – 1026 Sunset Drive; Applicant – Meleana Soderquist
Item No. 4: Plot Plan Review 22-013; Expansion Of A Fitness Studio Business In An Existing
Commercial Tennant Space; Location – 1538 West Branch Street; Applicant – Jana Powell, The
Nine
Page 2 of 67
Item No. 5: Plot Plan Review 21-043; Establishment Of A Vacation Rental In An Existing Single
Family Residence; Location – 375 Alder Street; Applicant – Heidi Craig
Item No. 6: Plot Plan Review 22-018; Establishment Of A Vacation Rental In An Existing Single
Family Residence; Location – 1131 Maple Street; Applicant – John Moss
11.COMMISSION COMMUNICATIONS
Correspondence/Comments as presented by the Planning Commission.
12.STAFF COMMUNICATIONS
Correspondence/Comments as presented by the City Manager.
13.ADJOURNMENT
All staff reports or other written documentation, including any supplemental material distributed to a
majority of the Planning Commission within 72 hours of a regular meeting, relating to each item of
business on the agenda are available for public inspection during regular business hours in the City
Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the Americans
with Disabilities Act. To make a request for disability-related modification or accommodation, contact
the Legislative and Information Services Department at 805-473-5400 as soon as possible and at
least 48 hours prior to the meeting date.
This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda
reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you
would like to subscribe to receive email or text message notifications when agendas are posted, you
can sign up online through the “Notify Me” feature.
Planning Commission Meetings are cablecast live and videotaped for replay on Arroyo Grande’s
Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org.
Page 3 of 67
1
ACTION MINUTES
MEETING OF THE PLANNING COMMISSION
May 3, 2022, 6:00 p.m.
Hybrid City Council Chamber/Virtual Zoom Meeting
Commission Members Present: Chair Glenn Martin, Vice Chair Frank Schiro,
Commissioner Jamie Maraviglia,
Commissioner Jim Guthrie, Kevin Buchanan
Staff Present: Associate Planner Andrew Perez, Assistant
Planner Patrick Holub, Community
Development Director Brian Pedrotti
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Chair Martin called the Planning Commission meeting to order at 6:00pm.
2.ROLL CALL
3.FLAG SALUTE
Vice Chair Schiro
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
None.
6.WRITTEN COMMUNICATIONS
The Commission received one supplemental memorandum regarding agenda item 9.a.
7.CONSENT AGENDA
Moved by Commissioner Maraviglia
Seconded by Vice Chair Schiro
Commissioner Maraviglia moved and Vice Chair Schiro seconded a motion to approve the consent
agenda as submitted.
ATTACHMENT 1
Page 4 of 67
2
Passed
7.a Approval of Minutes
(HOLUB)
Approve the Minutes of the March 1, 2022 Regular Meeting.
7.b Consideration Of Time Extension 22-001 For Conditional Use Permit No. 16-005; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location –
1495 El Camino Real; Applicant – Scott Pace; Representative – Greg Soto
(PEREZ)
It is recommended that the Planning Commission adopt a Resolution approving Time Extension
22-001.
8. PUBLIC HEARINGS
8.a Consideration Of Development Code Amendment 21-002 To Implement Senate Bill 9;
Location – Citywide
(PEREZ)
Acting Planning Manager Perez presented the staff report and responded to Commissioner
questions regarding Floor Area Ratio maximums, ADUs constructed with Urban Lot Splits,
parking locations, orientation of lot lines, maximum number of units and enforcement of the
prohibition on short term rentals.
Chair Martin opened the public hearing.
Krista Jeffries spoke about housing issues and encouraged the Commission to allow more
density.
Garrett Philbin spoke about missing middle housing and asked that the Commission not place
any undue restrictions on SB9 developments.
Lea Hensley spoke about the costs involved for processing a parcel map and mentioned that
the process does not seem affordable.
Hearing no further public comment, Chair Martin closed the public hearing.
Moved by Chair Martin
Seconded by Commissioner Guthrie
Chair Martin moved and Commissioner Guthrie seconded a motion to recommend changes to
the City Council in the draft language of the Ordinance including:
1) Allowing ADUs with SB9 developments to allow a maximum of six (6) units; 2) Allowing a
minimum unit size of 1200 square feet; 3) Remove the requirement to provide parking; 4)
Develop a method to track Urban Lot Splits to inform new property owners; 5) Remove
prohibition on location and orientation of atypical lot lines; 6) Evaluate fee mitigation measures
to make developments more affordable; 7) Reconsider overall height limitation.
Page 5 of 67
3
Failed
Moved by Chair Martin
Seconded by Vice Chair Schiro
Chair Martin moved and Vice Chair Schiro seconded a motion to make the recommended
changes to the draft ordinance before forwarding it for consideration to the City Council. The
motion passed on a 4-1 vote.
Passed
9. NON-PUBLIC HEARING ITEMS
9.a Election of Chairperson and Vice Chairperson
(PEREZ)
Moved by Commissioner Guthrie
Seconded by Vice Chair Schiro
Commissioner Guthrie moved and Vice Chair Schiro moved to elect Chair Martin as the
Commission's chair for the next term. The motion passed 5-0.
Passed
Moved by Commissioner Guthrie
Seconded by Commissioner Maraviglia
Commissioner Guthrie moved and Commissioner Maraviglia seconded a motion to elect
Commissioner Maraviglia to serve as the Commission's Vice Chair for the next term. The motion
passed 5-0.
Passed
10. NOTICE OF ADMINISTRATIVE ITEMS SINCE MARCH 1, 2022
Item No. 1: Plot Plan Review 21-045; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 129 Allen Street; Applicant – Jobie Brigham
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Multi-Family (MF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 2: Plot Plan Review 22-004; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 1503 El Camino Real; Applicant – Robert Hudson
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Office Mixed-Use (OMU) zoning district. The deadline to appeal this project is at 5:00 pm on May 4,
2022.
Page 6 of 67
4
Item No. 3: Plot Plan Review 22-006; Establishment Of A Homestay In An Existing Single Family
Residence; Location – 528 Ide Street; Applicant – Samantha Engleman
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Homestay in
the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on May 4, 2022.
Item No. 4: Plot Plan Review 22-008; Establishment Of A Medical Services Business In An Existing
Commercial Tennant Space; Location – 152 West Branch Street; Applicant – Patrick Voegele
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a medical
services business in the Village Mixed USe (WMU) zoning district. The deadline to appeal this project is
at 5:00 pm on May 4, 2022.
Item No. 5: Architectural Review 22-002; Exterior Alterations To An Existing Residential Structure;
Location – 251 Larchmont Drive; Applicant – Kathy Sherman
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the exterior alterations to an existing
residential structure in the Single Family (SF) zoning district. The deadline to appeal this project is at
5:00 pm on May 4, 2022.
Item No. 6: Temporary Use Permit 22-002; South County Historical Society Annual Rummage Sale On
Saturday April 2nd And Sunday April 3rd, 2022; Location – 128 Bridge Street; Applicant – Jan Scott
After making the findings specified in Section 16.16.090 of the Municipal Code, the Community
Development Director approved the above referenced project for the South County Historical Society to
conduct their annual rummage sale on Saturday, April 2nd, 2022 from 7:00am until 2:00pm and
Sunday, April 3rd, 2022 from 11:00am until 2:00pm. The deadline to appeal this project is at 5:00 pm
on May 4, 2022.
Item No. 7: Plot Plan Review 22-009; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 1565 Blackberry Avenue; Applicant – Linda Drummy
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 8: Plot Plan Review 22-007; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 506 Ide Street; Applicant – Samantha Engleman
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 9: Plot Plan Review 22-011; Establishment Of A Vacation Rental In An Existing Single Family
Residence; Location – 520 South Elm Street; Applicant – Luis Quintana
Page 7 of 67
5
After making the findings specified in Section 16.16.080 of the Municipal Code, the Community
Development Director approved the above referenced project for the establishment of a Vacation
Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on
May 4, 2022.
Item No. 10: Architectural Review 22-001; Construction Of A New 3,667 Square Foot Single Family
Residence And Attached 891 Square Foot Garages; Location – 331 Rodeo Court; Applicant – Chris
Mccall; Representative – Jennifer Martin, Jm Architecture And Design
After making the findings specified in Section 16.16.130 of the Municipal Code, the Community
Development Director approved the above referenced project for the exterior alterations to an existing
residential structure in the Planned Development – 1.3 (PD-1.3) zoning district. The deadline to appeal
this project is at 5:00 pm on May 4, 2022.
11. COMMISSION COMMUNICATIONS
Commissioner Maraviglia thanked Commissioner Guthrie for nominating her to serve as the
Commission's Vice Chair.
12. STAFF COMMUNICATIONS
Director Pedrotti informed the Commission that the City Council directed staff to bring back a
permanent parklet program, that the project at 211 E Branch Street had received final architectural
approval from the ARC and provided an update on the Brisco project.
13. ADJOURNMENT
The Meeting adjourned at 9:14pm.
_________________________
Patrick Holub
Assistant Planner
_________________________
Glenn Martin, Chair
Page 8 of 67
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration Of Time Extension 22-002 For Conditional Use Permit
No. 19-002; One Year Time Extension In Accordance With The Arroyo
Grande Municipal Code; Location – 207 Pilgrim Way; Applicant –
David Mi; Representative – Warren Hamrick
DATE: May 17, 2022
SUMMARY OF ACTION:
Approval of Time Extension No. 22-001 for Conditional Use Permit No. 16-005 would
allow an additional twelve (12) months for the developer to obtain building permits to
construct an assisted living facility at 207 Pilgrim Way. Approval of the time extension
would extend the expiration of the approval to June 16, 2023.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
RECOMMENDATION:
It is recommended that the Planning Commission adopt a Resolution approving Time
Extension 22-002 (Attachment 1).
BACKGROUND:
On June 16, 2020, the Planning Commission adopted Resolution 20 -2338 approving
Conditional Use Permit 19-002 for the construction of an assisted living facility consisting
of 120 residential beds, conference room, reception area, and administrative offices. The
applicant has been working toward obtaining appropriate permits for grading and
construction of the approved development, but has found it necessary to request an
extension of the approval to allow adequate time to secure a contractor with availability
to perform the work. Therefore, the applicant submitted a time extension request to
extend the entitlement’s approval for one year, which is due to expire on June 16, 2022.
Page 9 of 67
City Council
Consideration Of Time Extension 22-002 For Conditional Use Permit No. 19-002; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location
– 207 Pilgrim Way; Applicant – David Mi; Representative – Warren Hamrick
May 17, 2022
Page 2
ANALYSIS OF ISSUES:
Municipal Code Subsection 16.12.140.C allows the Planning Commission to grant a
project up to three (3) one-year time extensions, but only if it is found that there have been
no significant changes in the General Plan, Municipal Code, or character of the a rea within
which the project is located that would cause the approved project to be injurious to the
public health, safety, or welfare. No such changes have been identified that would cause
the proposed project to be injurious to the public health, safety, or welfare. The applicant
states that the need for a time extension is the result of a shortage of available contractors
to carry out the work to construct the facility. If approved, the one-year time extension
would extend the expiration date of the project to June 16, 2023. This would be the first
of a possible three time extensions available for this entitlement.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving Time Extension 22-002;
2. Modify and adopt the attached Resolution approving Time Extension 22-002;
3. Do not adopt the attached Resolution, provide specific findings and direct staff to
return with a Resolution denying the time extension; or
4. Provide direction to staff.
ADVANTAGES:
Approving the requested time extension will maintain the viability of an approved project
and will allow the applicant to continue to work toward obtaining building permits to
construct the project.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
A Mitigated Negative Declaration (MND) was adopted in conjunction with the Conditional
Use Permit and the granting of a time extension will not change that determination. In
accordance with the California Environmental Quality Act (CEQA) and the State CEQA
Guidelines, it has been determined that the granting of a time extension is not subject to
CEQA per Section 15061(b)(3) of the Guidelines, regarding the general rule that where it
can be seen with certainty that there is no possibility of a sig nificant effect on the
environment, an activity is not subject to CEQA.
PUBLIC NOTIFICATION AND COMMENTS:
Pursuant to Municipal Code Table 16.12.030-B, a public hearing is not required for
approval of a time extension. The Agenda was posted at City Hall a nd on the City’s
website in accordance with Government Code Section 54954.2.
Page 10 of 67
City Council
Consideration Of Time Extension 22-002 For Conditional Use Permit No. 19-002; One
Year Time Extension In Accordance With The Arroyo Grande Municipal Code; Location
– 207 Pilgrim Way; Applicant – David Mi; Representative – Warren Hamrick
May 17, 2022
Page 3
Attachments:
1. Draft Resolution
Page 11 of 67
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING A ONE-YEAR
TIME EXTENSION FOR CONDITIONAL USE PERMIT NO.
19-002 (TIME EXTENSION 22-002); APPLIED FOR BY
DAVID MI; LOCATED AT 207 PILGRIM WAY
WHEREAS, the Planning Commission adopted Resolution No. 20-2338 approving
Conditional Use Permit 19-002 for the construction of an assisted living facility with 120
residential beds, conference room, reception area, and administrative offices (the “Project”)
WHEREAS, the effective date of the decision was June 16, 2020; and
WHEREAS, the approval remained valid for two (2) years from the effective date of decision;
and
WHEREAS, an application for Time Extension 22-002 was submitted to extend the
expiration date of the Project by one (1) year; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the
request for Time Extension 22-002 on May 17, 2022; and
WHEREAS, the Planning Commission reviewed Conditional Use Permit 19-002 for
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA, and
adopted a Mitigated Negative Declaration; and
WHEREAS, the Mitigated Negative Declaration also applies to the application for a time
extension; and
WHEREAS, the Planning Commission finds, after due study and deliberation, the following
circumstances exist:
1.There have been no significant changes in the General Plan, Municipal Code or
character of the area within which the project is located that would cause the
approved project to be injurious to the public health, safety or welfare.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Time Extension 22-002 for the first of three (3) available one-year
extensions, subject to the above findings and the conditions as set forth in Exhibit "A”
attached hereto and incorporated herein by this reference. Conditional Use Permit No. 19-
002 shall now expire on June 16, 2023.
ATTACHMENT 1
Page 12 of 67
RESOLUTION NO.
PAGE 2
On motion by Commissioner _________, seconded by Commissioner _________ and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 17th day of May 2022.
Page 13 of 67
RESOLUTION NO.
PAGE 3
_______________________________________
GLENN MARTIN, CHAIR
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
APPROVED AS TO CONTENT:
______________________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 14 of 67
RESOLUTION NO.
PAGE 4
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
TIME EXTENSION NO. 22-002 FOR
CONDITIONAL USE PERMIT NO. 19-002
207 PILGRIM WAY
This approval authorizes a one (1) year time extension for Conditional Use Permit 19-
002, which was originally approved by the Planning Commission on June 16, 2020.
GENERAL CONDITIONS:
1. The developer shall ascertain and comply with all Federal, State, County and City
requirements that are applicable to this project.
2. Conditional Use Permit No. 19-002 shall expire on June 16, 2023, unless a building
permit is issued prior to this date.
3. The developer shall comply with all conditions of approval for Conditional Use
Permit No. 19-002.
Page 15 of 67
MEMORANDUM
TO: Planning Commission
FROM: Brian Pedrotti, Community Development Director
BY: Andrew Perez, Planning Manager
SUBJECT: Consideration Tentative Tract Map 21-001 and Conditional Use Permit
22-002; Subdivision and Construction Of Nine (9) Two-Story
Residential Units and a Two-Story Mixed-Use Structure; Location –
1214 E. Grand Avenue and 181 N. Elm Street; Applicant – Floyd
DATE: May 17, 2022
SUMMARY OF ACTION:
An approval from the Planning Commission will result in the subdivision of two (2)
underutilized lots into twelve (12) condominium lots, construction of ten (10) new dwelling
units, and 2,025 square feet of office space.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
No financial impact is projected.
RECOMMENDATION:
It is recommended that the Planning Commission adopt of a resolution approving the
proposed project (Attachment 1).
BACKGROUND:
The project site consists of two properties that make a “L” shape and are located at 181
N. Elm Street, and 1214 E. Grand Avenue (Attachment 2). The combined size of the two
parcels is 39,250 square feet, or 0.90 acres. The project site is moderately sloped toward
E. Grand Avenue, resulting in a 21 -foot change in elevation from north to south. The
properties are currently developed with a 372 square foot commercial building on the E.
Grand Avenue frontage, which is proposed for demolition, and an 1,866 square foot,
single family dwelling on the N. Elm Street frontage proposed to remain. Both parcels are
zoned Gateway Mixed-Use (GMU). The parcels border the northern and western sides of
the parcel where a fast food restaurant is located.
Staff Advisory Committee
Page 16 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 2
The Staff Advisory Committee (SAC) reviewed the proposed project and discussed a
number of items regarding the project, including the proposed phasing of the project, and
stormwater requirements. The SAC also advised the applicant team about required public
improvements on the E. Grand Avenue frontage, driver visibility at the N. Elm Street
driveway and lighting on site. Members of the SAC were in support of the proposed project
and recommended approval of the project to the Planning Commission.
Architectural Review Committee (ARC)
The ARC reviewed the proposed project at its meeting on May 2, 2022 (Attachment 3).
The ARC was supportive of the project and appreciated the redevelopment of the two
under-utilized parcels. The Committee found the architecture, colors, and materials to be
appropriate and compatible with the neighborhood. In conclusion, the ARC recommends
that the Planning Commission approve the proposed project.
ANALYSIS OF ISSUES:
Project Description
The project proposes to subdivide the two (2) parcels into twelve (12) condominium lots
and construct ten (10) new residential units and a commercial suite in two phases
(Attachment 4). Phase One would consist of the construction of the nine (9) multi-family
residential units and five (5) uncovered guest parking spaces, on what is now 181 N. Elm
Street parcel and the northern half of the 1214 E Grand Avenue parcel. Phase Two would
comprise of the construction of the two-story mixed use building located along the E.
Grand Avenue frontage. Phase Two will also include a new driveway leading to a parking
area with nine (9) new automobile parking spaces.
Condominiums are defined as “an estate of real property consisting of an undivided
interest in common areas, together with a separate right of ownership in space.” A
purchaser of one of the condominiums would own the unit itself, but everything outside
the footprint of the structures would be held in common ownership with the other unit
owners. The nine (9) two-story units are each proposed to be 1,355 square feet, with the
master suite and a 510 square foot, two -car garage located on the ground floor, and the
kitchen, living room and two additional bedrooms on the second level. The existing two -
story house and garage are proposed to remain, and the existing driveway is proposed
to be widened to meet Arroyo Grande Municipal Code (AGMC) Section 16.56.100, which
requires driveways that provide access to more than three (3) units to be at least sixteen
feet (16’) wide. The two-story mixed use building is proposed to be 2,025 square feet of
office space on the ground floor, and a 2,240 square foot, three -bedroom unit on the
second floor.
This project was previously reviewed by the ARC, and approved by the Planning
Commission as an rental/apartment project. The applicant submitted a new application to
Page 17 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 3
establish the tract map to create ownership units rather than rental units. The site
planning, architecture, parking, and landscaping from the approved project have been
carried over to this new application.
General Plan
The General Plan designates the subject property for Mixed Use land uses. The proposed
mixed-use development helps achieve concurrence with the General Plan, including
Objective LU5 and Policies LU5-3, LU5-6, LU5-7, LU5-8, and LU12-2.3 of the Land Use
Element and Policies A.5, and A.15, which state:
LU5: Community commercial, office, residential and other compatible land uses shall be
located in Mixed Use (MU) areas and corridors, both north and south of the freeway, in
proximity to major arterial streets.
LU5-3: Ensure that all projects developed in the MU areas include appropriate site
planning and urban design amenities to encourage travel by walking, bicycling and public
transit.
LU5-6: Allowable uses within the MU category shall not include uses that adversely affect
surrounding commercial or residential uses, or contribute to the deterioration of existing
environmental conditions in the area.
LU5-7: Plan for a revitalized East Grand Avenue Mixed -Use corridor that has less of a
strip-commercial aspect and more coordinated, mixed -use boulevard ambiance with
distinct activity subareas including “Gateway, Midway and Highway” districts
LU5-8: Provide for different combinations, configurations and mixtures of commercial,
office and residential uses designating the East Grand Avenue, El Camino Real a nd
Traffic Way corridors as Mixed Use (MU).
LU12-2.3: Provide building elevations that are well-articulated in order to break up
building bulk. Incorporate one-story elements in two story structures.
A.5: The City shall encourage housing compatible with commercial and office uses and
promote “mixed use” and “village core” zoning districts to facilitate integration of
residential uses into such areas
A.15: The City shall encourage the development of "missing middle" housing, including
an evaluation of the zoning, design standards, and policies necessary to enable the types
of housing that best serve "missing middle" households.
Page 18 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 4
The 6th cycle Housing Element update identified the importance of providing housing that
serves “missing middle” households. Policy A.15 directs the City to encourage the
development of missing middle housing through amendments of zoning and development
standards to enable these housing types. While the AGMC has not yet been amended,
this project can serve as a blueprint for the t ypes of units this policy promotes.
Additionally, the project will pay its proportional share of affordable housing in-lieu fees to
help develop affordable housing projects elsewhere in the City.
Development Standards
The subject property is zoned GMU. The primary purpose of the GMU district is to provide
for the combination of financial institutions, retail, office and commercial uses and multi -
family residences with retail and other pedestrian -oriented uses on the ground floors of
structures fronting E. Grand Avenue, and residential units or offices allowed on upper
floors. The proposed project qualifies as a mixed-use development with multi-family
housing even though the residences will be sold individually, due to the design of these
residences conforming to the Cityhouse development building style with three or more
attached dwellings where no unit is located over another unit. The development is allowed
in the GMU zoning district following approval of a Conditional Use Permit. T he following
table shows how the proposed project would comply with the development standards of
the GMU zone:
Table 1: Site Development Standards for the GMU Zoning District
Development
Standards GMU District CUP 18-007 Notes
Maximum Density –
Mixed Use Projects
25 dwelling units/acre
(based on gross
project area).
11 dwelling
units/acre Code Met
Minimum Lot Size 20,000 sq. ft. gross 39,250 sq. ft. Code Met
Minimum Lot Width 100 feet E Grand Ave: 70 ft.
N Elm St: 135 ft.
E. Grand Ave
frontage is
legally non-
conforming
N Elm frontage
meets code.
Front Yard Setback
0 - 10 feet. Exceptions
for larger setbacks
may include entrance
courtyards, areas for
outdoor dining, or for
E Grand Ave: 9 ft.
N Elm St: 10 ft.
Code Met
Page 19 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 5
Development
Standards GMU District CUP 18-007 Notes
projects facing a
residential district as
determined through
discretionary review.
Rear Yard Setback
0 – 15 feet.
Parking encouraged.
For projects abutting a
residential district,
corresponding
residential setback
shall apply.
E Grand Ave: 35 ft
N Elm St: 40 ft. Code Met
Side Yard Setback
0 – 5 feet. For projects
abutting a residential
district, corresponding
residential setback
shall apply.
Adjacent to mixed
use: 0' ft.
Adjacent to
residential use: 15 ft.
Code Met
Building Height
Maximum height is 35
feet of three stories
whichever is less
Max height:
Phase 1: 27’8”
Phase 2: 28’2”
Code Met
Building Size Limits
Maximum height is 35
feet or three stories
whichever is less.
Maximum building size
is 102,500 square feet.
Max Building Size:
Phase 1: ~6,000 sf
Phase 2: 2,025 sf
Code met
Site Coverage Maximum Coverage of
site is 75% Total: 34% Code Met
Floor Area Ratio Maximum floor area
ratio is 1.50 .57 Code Met
As identified in Table 1, the proposed project meets all applicable development standards
of the GMU zoning district as specified by the Development Code.
Density
Municipal Code Section 16.36.030. specifies that residential density for mixed-use zoned
parcels is calculated by using density equivalents. The density equivalents from the
Municipal Code are as shown in Table 2.
Page 20 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 6
Table 2: Density Equivalent Units
Residential Dwelling Unit Type Density Equivalent
Live/Work Unit .5
Studio .5
1-bedroom .75
2-bedroom 1
3-bedroom 1.5
4-bedroom 2
The maximum density for a mixed-use project in the GMU zoning district is 25 dwelling
units per acre. The 39,250 square foot (.90 acre) site can accommodate up to 22.5 density
equivalent units. The project proposes ten (10) three-bedroom dwelling units and one (1)
existing single family residence, which results in a density equivalency of 16 dwelling
units, as outlined below:
Table 3. Proposed Project Density
Unit Type Number of
Units Density Equivalent per Unit Total
2-Bedroom SFD 1 (existing) 1 1
3-Bedroom (Phase 1) 9 1.5 13.5
3-Bedroom (Phase 2) 1 1.5 1.5
Total 16
Access and Parking
Section 16.56.060 of the AGMC requires parking for the project at a rate of two (2)
covered spaces for each residential unit, and an additional 0.5 spaces per unit for guest
parking when the development contains four (4) or more units. However, in a mixed -use
project the required parking for the residential component does not have to be covered.
Each of the nine (9) units in Phase One of the project are proposed to have their own two -
car garage, and the five (5) uncovered parking spaces proposed to be located to the west
of the units would meet the guest parking requirement for the entire development. The
existing driveway off of N. Elm Street is proposed to be widened in order to provide access
to the parking areas as well as emergency access. The existing garage for the single
family residence is proposed to remain.
Phase Two consists of a two-story structure with a three-bedroom unit above a 2,025
square foot commercial unit. The AGMC requires commercial parking be provided at a
rate of one (1) space for every 250 square feet of gross floor area, and as previously
noted, the parking requirement for the three-bedroom residence is two spaces. A
driveway off of E. Grand Avenue would provide access to nine (9) uncovered parking
spaces that will serve both the residential and commercial uses. The proposed project is
Page 21 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 7
deficient of parking required by the AGMC by one (1) space; however, AGMC Section
16.56.050 allows the total parking requirement to be reduced to eighty (80) percent of the
required standard for shared uses. It is not anticipated that the shared parking proposal
will be an issue due to the nature of the mixed-use development. The residential
component is likely to have the demand for parking in the early morning and overnight
hours when a commercial operation would be closed for business, therefore reducing the
likelihood for an actual parking shortage. Additionally, the garage parking for the nine (9)
units will be conditioned to be utilized for parking by the residents and not for storage,
increasing the likelihood that uncovered parking is used for residential parking, leaving it
for either guests or clientele of the commercial space.A total of 35 parking spaces are
required for the proposed project, and 34 automobile spaces are proposed. These
requirements are broken down in Table 4.
Table 4: Parking Calculations
Land Use Development Code
Requirement
Parking
Required
Parking
Provided
Notes
Existing
Single
Family
Residence
2 spaces per unit within an
enclosed garage
2 covered
spaces
2 spaces in
existing
garage
Code met
10 Proposed
Residential
Units
2 spaces per unit and .5
unit for developments over
four units
20 resident
spaces
5 guest
spaces. 25
total
18 spaces in
private
garages, 2
uncovered for
mixed use
residential, &
5 guest
spaces
Code met.
2,025 sf
Commercial
Unit
1 parking space per 250
sq. ft. of gross floor area
8 spaces
7 spaces Code not
met
Total 35 spaces 34 spaces Code not
Met
Mixed Use
Reduction
Provide 80% of required
parking for shared uses 28 spaces 34 spaces Code Met
As a condition of allowing common parking facilities, the open spaces must include the
provision of such joint use by a proper legal agreement approved by the City Attorney,
which must then be recorded with the County Recorder. This will be accomplished
through the CC&Rs that will be required of the project.
Architecture
Page 22 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 8
The two structures containing the nine (9) new residences are proposed to have second
story projections and recessed entries to break up the mass of the structure. The
residential buildings do not neatly fit into a particular architectural style, but have
components from a variety of styles. The low-pitched, gable roofs and exposed rafter tails
are components often found in a Craftsman style building. The proposed stucco exterior
walls and tile roofing are characteristics often found in Mediterranean style architecture.
The exposed beams, fascia and exposed rafter tails will be stained a dark walnut, while
the windows will be painted “Stormy Blue”. The buildings will have stucco cladding, wi th
the trim proposed to be painted “Pacific Sand” and the remainder of the walls to be painted
“Crystal White” (Attachment 5). Each of these two buildings will have a low-pitched roof
and concrete tile roofing. A color and materials board will be available at the meeting.
The mixed-use building on the southern portion of the site is designed in a more modern
style than the residential portion of the project. The buildings would be similar in that they
have second-story projections on three of the four facades to add interest and aesthetic
appeal. Smooth stucco walls are also proposed for this building, and a reclaimed wood
rainscreen will be installed on the southern elevation. An array of five (5) identical panels
made of reclaimed wood framed with a white stucco pop -out spaced evenly across the
western facade are intended to soften the otherwise monolithic appearance of this façade.
The “Stormy Blue” paint color is proposed the trim, and “White” and “Natural Grey” will be
use on both levels of the building (Attachment 6).
Landscaping
Four (4) of the eleven (11) existing trees on site are proposed to remain, including one
oak tree. In addition to the existing trees, three (3) new Pistacia Chinesis trees are
proposed to be planted throughout the site. The N. Elm Street front age will be improved
with the addition of Nandina Domestica and Leucodendron shrubs on private property.
Juniper bushes in front of the existing single family residence will remain. The E. Grand
Avenue frontage will be improved with the addition of Anigoza nthos Hybrid and Festuca
Ovina at the back of sidewalk. The existing street trees on E. Grand Avenue are proposed
to remain. Various shrubs and grasses are proposed around the borders of the structures,
perimeter of the site and in parking lot planters.
ALTERNATIVES:
The following alternatives are provided for the Commission’s consideration:
1. Adopt the attached Resolution approving the mixed -use project,
2. Modify as appropriate and adopt the attached Resolution, or
3. Do not adopt the attached Resolution, and p rovide direction to staff, or
4. Provide direction to staff.
ADVANTAGES:
Page 23 of 67
City Council
Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-002;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd
May 17, 2022
Page 9
The project proposes to appropriately develop a mixed-use site located in the E. Grand
Avenue mixed-use corridor. Development of the site increases the aesthetic appeal of the
site, and will provide housing units at a density that complies with the General Plan. The
development’s design and land uses are an appropriate transition between the residential
uses on N. Elm Street and the commercial uses on E. Grand Avenue.
DISADVANTAGES:
The proposed phasing of the project would leave the portion of the site that is most visible
from E. Grand Avenue vacant and undeveloped Phase II is developed .
ENVIRONMENTAL REVIEW:
In compliance with the California Environmental Quality Act (CEQA), and the project was
determined to be categorically exempt per Section 15332 of the State CEQA Guidelines
regarding in-fill development.
PUBLIC NOTIFICATION AND COMMENTS:
A public hearing notice was posted in the Tribune, on the City’s website, and at City Hall
on May 6, 2022. The Agenda was posted at City Hall and on the City’s website in
accordance with Government Code Section 54954.2. At the time of report publication, no
comments have been received.
Attachments:
1. Draft Resolution
2. Project Location
3. Minutes from the May 2, 2022 ARC Meeting
4. Phasing Exhibit
5. Residential Color and Materials Board
6. Mixed-Use Color and Materials Board
7. Project Plans
Page 24 of 67
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING TENTATIVE
TRACT MAP 21-001 AND CONDITIONAL USE PERMIT 22-
002; LOCATED AT 1214 EAST GRAND AVENUE AND 181
NORTH ELM STREET; APPLIED FOR BY FLOYD
HINESLEY
WHEREAS, the project site is approximately .90 acres, zoned Gateway Mixed Use (GMU),
and located near the northwest corner of E. Grand Avenue and N. Elm Street, which
includes two (2) existing lots; and
WHEREAS, the applicant has filed Tentative Tract Map 21-001 to subdivide the existing lots
located at 1214 E. Grand Avenue and 181 N. Elm Street into condominium lots; and
WHEREAS, Municipal Code Table 16.12.030 (B) requires that tract maps be reviewed by
the Planning Commission; and
WHEREAS, the applicant has filed Conditional Use Permit 22-002 for the development of
ten (10) new residential units, including one (1) three-bedroom apartment above an
approximately 2,250 square foot of office space; and
WHEREAS, the office component results in the project being categorized as a mixed-use
project, for which the GMU district allows a maximum density of twenty-five (25) density
equivalent dwelling units per acre, or totals 22.5 units on the .90-acre project site; and
WHEREAS, the Staff Advisory Committee considered the project and recommended
approval with conditions; and
WHEREAS, the Architectural Review Committee considered the project on May 2, 2022
and recommended approval; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and determined that the project
is exempt per Section 15332 of the CEQA Guidelines regarding in-fill development; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on May 17, 2022; and
WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, the following circumstances exist:
Tentative Tract Map Findings:
1.The proposed tentative tract map is consistent with goals, objectives, policies,
ATTACHMENT 1
Page 25 of 67
RESOLUTION NO.
PAGE 2
plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title.
The proposed tract map would allow the subdivision of two (2) existing lots
totaling 0.90 acres into twelve (12) condominium lots in the GMU zoning
district, for development of a mixed-use project that is consistent with the
goals, objectives, policies, plans, programs, intent and requirements of the
Arroyo Grande General Plan, including Policies LU5-3, LU5-6, LU5-7, LU5-8,
and LU12-2.3, and A.5 and A.15 of the Land Use Element and Housing
Element, respectively. 2. The site is physically suitable for the type of development proposed.
The site is approximately 0.90 acres of underutilized land in a mixed-use
zoning district and is physically suitable for the mixed-use project, including
multi- family residences in the Cityhouse design. 3. The site is physically suitable for the proposed density of development. The site is physically suitable as designed for the density of development as
allowed through the Tentative Tract Map and Conditional Use Permit process. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.
The proposed tract map has been reviewed in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the
Arroyo Grande Rules and Procedures for implementation of CEQA and has
been determined to be exempt under Class 32 of the CEQA Guidelines for
infill development. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems.
The design of the subdivision would result in a development of appropriate
density, consistent with the density for mixed use projects in the GMU
district, and would include all necessary infrastructure, roadway
improvements, and parking.
6. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public-at-large for access through, or use of, property within the proposed tentative tract map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public.
The design of the tentative tract map will not conflict with any public or
private easements. New easements for public utilities will allow for future
Page 26 of 67
RESOLUTION NO.
PAGE 3
maintenance.
7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the California Water Code.
The proposed discharge of waste into the existing system is conditioned to
meet all applicable requirements.
8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development.
There are adequate provisions for public services to serve the project
development and no deficiencies exist. The provisions for water, sanitation
and public utilities were examined by staff, and it was determined that
adequate public services will be available for the proposed project and will
not result in adverse impacts.
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City.
The proposed use of the site for residential development in a mixed use
project is permitted within the GMU zoning district and the project complies
with all applicable provisions of the Arroyo Grande General Plan and
Municipal Code.
2. The proposed use would not impair the integrity and character of the district in which it is to be established or located.
The proposed use of the site for multi-family residential development in a
mixed use project will not impair the integrity of the GMU district due to the
intent of the district to provide for the combination of financial institutions,
retail, office and commercial uses and multi-family residences with retail and
other pedestrian-oriented uses on the ground floors of structures fronting E.
Grand Avenue, and residential units or offices allowed on upper floors. 3. The site is suitable for the type and intensity of use or development that is proposed.
The site is approximately .90 acres of underutilized land in the GMU zoning
district and meets the development standards of the GMU zoning district, the
Arroyo Grande Municipal Code, the Design Guidelines and Standards for
Mixed Use Districts and is suitable for the intensity of the development.
Page 27 of 67
RESOLUTION NO.
PAGE 4
4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety.
The proposed project will utilize City supplied water, sanitation, and public
utilities and services that ensure public health and safety. No aspect of the
proposed project is anticipated to be overly impactful to these services.
Conditions of approval developed for the project will additionally ensure public
services are minimally impacted. 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.
The proposed use will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the vicinity
as it will comply with all applicable codes and standards of the Municipal
Code and in accordance with conditions of approval specifically developed
for the project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Tentative Tract Map 21-001 and Conditional Use Permit 22-002
as set forth in Exhibit “B”, attached hereto and incorporated herein by this reference, with
the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto
and incorporated herein by this reference.
On motion by Commissioner , seconded by Commissioner , and by the following
roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 17th day of May, 2022
Page 28 of 67
RESOLUTION NO.
PAGE 5
_______________________________
GLENN MARTIN
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 29 of 67
RESOLUTION NO.
PAGE 6
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 18-007
1214 EAST GRAND AVENUE AND 181 NORTH ELM STREET
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes a tentative tract map and the construction of ten (10)
residential condominiums and one commercial condominium at 1214 E Grand
Avenue and 181 N. Elm St.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval Tentative Tract Map 21-001
and Conditional Use Permit and Conditional Use Permit 22-002.
4. This application shall automatically expire on May 17, 2024 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.
5. Development shall conform to the Gateway Mixed-Use requirements except as
otherwise approved.
6. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of May 17, 2022 and marked Exhibits B on file
in the Community Development Department.
7. The applicant shall agree to indemnify and 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 any way relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, 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 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.
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
9. Applicant shall submit a tabular matrix showing status of all conditions of approval and
Page 30 of 67
RESOLUTION NO.
PAGE 7
mitigation measures prior to first building permit submittal and again before
recordation of the final map.
10. At the time of application for construction permits, plans submitted shall show all
development consistent with the approved site plan, floor plan, architectural elevations
and landscape plan.
11. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code. Prior to issuance of a building permit, all illegal signs shall be removed.
12. Development shall comply with Development Code Sections 16.48.070, “Fences,
Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening
Requirements”.
13. Setbacks, lot coverage, and floor area ratios shall be as shown on the development
plans including those specifically modified by these conditions.
14. The developer shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”. All parking spaces adjacent to a wall, fence, or property line
shall have a minimum width of 11 feet.
15. All parking areas of five or more spaces shall have an average of one-half foot-candle
illumination per square foot of parking area for visibility and security during hours of
darkness.
16. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities shall
be restricted to the hours of 7 AM to 5 PM Monday through Friday, and from 9 AM to
5 PM on Saturdays. No construction shall occur on Sundays or City observed
holidays.
17. At the time of application for construction permits, the applicant shall provide details
on any proposed exterior lighting, if applicable. The lighting plan shall include the
height, location, and intensity of all exterior lighting consistent with Section 16.48.090
of the Development Code. All lighting fixtures shall be shielded so that neither the
lamp nor the related reflector interior surface is visible from adjacent properties. All
lighting for the site shall be downward directed and shall not create spill or glare to
adjacent properties. All lighting shall be energy efficient (e.g. LED).
18. Landscaping in accordance with the approved landscaping plan shall be installed or
bonded for before final building inspection/establishment of use. The landscape and
irrigation plan shall be prepared by a licensed landscape architect subject to review
and approval by the Community Development and Public Works Departments. The
landscape plan shall be in conformance with Development Code Chapter 16.84
(Water Efficient Landscape Requirements) and shall include the following:
Page 31 of 67
RESOLUTION NO.
PAGE 8
a. Tree staking, 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:
i. Deep root planters shall be included in areas where trees are within five
feet (5’) of asphalt or concrete surfaces and curbs;
ii. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants.
iii. An automated irrigation system using smart controller (weather based)
technology.
iv. The selection of groundcover plant species shall include native plants.
v. Linear planters shall be provided in parking areas.
vi. Turf areas shall be limited in accordance with Section 16.84.040 of the
Development Code.
19. All trees to be pruned shall be pruned under supervision of a Certified Arborist using
the International Society of Arboriculture (ISA) Pruning Standards.
20. For projects approved with specific exterior building colors, the developer 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 to verify
that colors are consistent with the approved color board. A 48-hour notice is required
for this inspection.
21. All new electrical panel boxes shall be installed inside the building(s).
22. Buildings equipped with a fire sprinkler system shall also have a Fire Department
Connection (FDC), which shall be located adjacent to a fire access roadway, be
remote from all buildings outside the building collapse zone, and screened to the
maximum extent permitted by the Building Official or Fire Chief.
23. Fire Department Connections (FDC) shall be located near a fire hydrant, which is no
closer than 20 feet and no greater than 100 feet with no obstructions or barriers
between the FDC and the hydrant such as roads or driveways.
24. Double detector check valve assemblies shall be located directly adjacent to or within
the respective building to which they serve, and screened to the maximum extent
feasible.
25. 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
Page 32 of 67
RESOLUTION NO.
PAGE 9
systems be completely screened from public view. All roof-mounted equipment which
generates noise, solid particles, odors, etc., shall cause the objectionable material to
be directed away from residential properties.
26. All conditions of this approval run with the land and shall be strictly adhered to, within
the time frames specified, and in an on-going manner for the life of the project. Failure
to comply with these conditions of approval may result in an immediate enforcement
action. If it is determined that violation(s) of these conditions of approval have
occurred, or are occurring, this approval may be revoked pursuant to Development
Code Section 16.08.100.
27. A six (6) foot perimeter fence shall be installed along the northern side of the project to
maintain privacy.
SUBDIVISION CONDITIONS
28. The developer shall comply with Development Code Chapter 16.20 "Land Divisions".
29. The developer shall comply with Development Code Chapter 16.64 "Dedications,
Fees and Reservations."
30. The developer shall comply with Development Code Chapter 16.68 "Improvements".
31. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are
administered by a subdivision homeowners' association, formed by the applicant for
the area within the subdivision. At a minimum, the CC&R's shall include the items
noted in AGMC Section 16.20.130, and the following items:
a. Provide for maintenance of the driveways, common areas, sewer lines and other
facilities;
b. Prohibit additions to the units;
c. Require garages to be kept clear for parking cars at all times; and
d. Inform residents of the water conservation requirements placed on this project.
32. A joint maintenance agreement for the common driveway and open space shall be
submitted for review and approval of the City Attorney. The joint maintenance
agreement shall be recorded prior to or concurrently with the final map.
33. An operations and maintenance agreement shall be submitted for all drainage
facilities.
34. The applicant shall remove all structures in conflict with new lot lines.
35. A building permit will not be issued until all drainage facilities are functional to the
satisfaction of the Community Development Director.
Page 33 of 67
RESOLUTION NO.
PAGE 10
INCLUSIONARY HOUSING
36. The developer shall comply with Development Code Chapter 16.80 “Inclusionary
Affordable Housing Requirements”. Should the developer decide to pay in-lieu fees,
the fee shall be equal to five percent (5%) of the total construction costs for the
residential component of the project within the development.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
BUILDING CODES
37. The project shall comply with the most recent editions of the California Building
Standards Code, as adopted by the City of Arroyo Grande.
FIRE LANES
38. Prior to occupancy, the applicant shall post designated fire lanes, per Section
22500.1 of the California Vehicle Code.
39. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
40. Project shall have a fire flow in accordance with the California Fire Code.
41. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
SECURITY KEY BOX
42. The applicant must provide an approved "security key box," per Building and Fire
Department guidelines and per the California Fire Code.
FIRE SPRINKLER
43. All buildings must be fully sprinklered per Building and Fire Department guidelines and
per the California Fire Code.
44. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted
by the City of Arroyo Grande.
ABANDONMENT / NON-CONFORMING
45. The applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
Page 34 of 67
RESOLUTION NO.
PAGE 11
DEMOLITION PERMIT / RETAINING WALLS
46. A demolition permit must be applied for, approved and issued. All asbestos and lead
shall be verified if present and abated prior to permit issuance.
OTHER PERMITS
47. The developer shall reimburse the City for all costs associated with outside plan
checks performed at either the developer’s or City’s request.
ENGINEERING DIVISION CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN,
AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
48. The Applicant shall develop, implement and provide the City a:
a. Prior to a building or grading permit a Stormwater Control Plan that clearly
provides engineering analysis of all Water Quality Treatment, Runoff
Retention, and Peak Flow Management controls complying with Engineering
Standard 1010 Section 5.2.2.
b. Prior to final acceptance an Operations and Maintenance Plan and
Maintenance Agreements that clearly establish responsibility for all Water
Quality Treatment, Runoff Retention, and Peak Flow Management controls
complying with Engineering Standard 1010 Section 5.2.3.
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls are being maintained
and are functioning as designed.
d. All reports must be completed by either a Registered Civil Engineer or
Qualified Stormwater Pollution Prevention Plan Developer (QSD).
49. Prior to any Permit – Stormwater Control Plan. Provide a Stormwater Control Plan
that complies with Engineering Standard 1010 Section 5.2.2.
50. Prior to Final Approval – Operations and Maintenance Plan, Maintenance
Agreement, and Maintenance Notification. Provide an Operations and Maintenance
Plan, Maintenance Agreement, and Maintenance Notification that complies with
Engineering Standard 5.2.3.
GENERAL CONDITIONS
51. The developer shall sweep streets in compliance with Standard Specifications
Section 13-4.03F.
52. For work requiring engineering inspections, working hours shall comply with Standard
Page 35 of 67
RESOLUTION NO.
PAGE 12
Specification Section 5-1.01.
53. Provide trash enclosure in compliance with Engineering Standard 9060 with solid/rain-
deflecting roof. Trash enclosure area(s) shall be screened from public view with
landscaping or other appropriate screening materials, and shall be reserved
exclusively for dumpster and recycling container storage. Interior vehicle travel ways
shall be designed to be capable of withstanding loads imposed by trash trucks.
54. All residential units shall be designed to mitigate impacts from non-residential project
noise, in compliance with the City’s noise regulations.
55. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
56. Record Drawings (“as-built” plans) are required to be submitted prior to release of the
Faithful Performance Bond.
57. Submit as-built plans at the completion of the project or improvements as directed by
the Community Development Director in compliance with Engineering Standard 1010
Section 9.3 E. Provide One (1) set of paper prints and electronic documents on CD or
flash drive in both AutoCAD and PDF format. AutoCAD drawings shall be in State
plane coordinates.
58. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved
improvement plans for inspection purposes during construction.
59. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
60. Provide one (1) new vertical control survey benchmark, per City Standard, as directed
by City Engineer.
IMPROVEMENT PLANS
61. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the
Community Development Department Engineering Division be separate submittal
from any vertical construction/structures building improvement plans.
62. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall
be prepared by a registered Civil Engineer or qualified specialist licensed in the State
of California and approved by the Public Works Department and/or Community
Development Department. The following plan sheet shall be provided:
a. Site Plan
i. The location and size of all existing and proposed water, sewer, and
Page 36 of 67
RESOLUTION NO.
PAGE 13
storm drainage facilities within the project site and abutting streets or
alleys.
ii. The location, size and orientation of all trash enclosures.
iii. All existing and proposed parcel lines and easements crossing the
property.
iv. The location and dimension of all existing and proposed paved areas.
v. The location of all existing and proposed public or private utilities.
vi. Location of 100-year flood plain and any areas of inundation within
project area.
b. Grading Plan with Cross Sections
c. Retaining Wall Plan and Profiles
d. Roadway Improvements Plan and Profiles
e. Storm Drainage Plan and Profile
f. Utilities - Water and Sewer Plan and Profile
g. Utilities – Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right-of-Way
k. Tree Protection Plan
l. Details
m. Notes
n. Conditions of Approval and Mitigation Measures
o. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
p. Engineers estimate for construction cost based on County of San Luis Obispo
unit cost.
63. Submit all retaining wall calculations for review and approval by the Community
Development Director including any referenced geotechnical report.
64. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
65. Applicant shall fund outsourced plan and map check services, as required.
66. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way (City, County and/or Caltrans).
STREET IMPROVEMENTS
67. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair of
any such trenches, but shall not be limited to an overlay or type 2 slurry seal.
68. All street repairs shall be constructed to City standards.
Page 37 of 67
RESOLUTION NO.
PAGE 14
69. Street structural sections shall be determined by an R-Value soil test, but shall not be
less than 3” of asphalt and 6” of Class II AB.
70. All plans shall show the City’s complete right-of-way on North Elm Street and East
Grand Avenue.
71. The developer shall provide Type 2 Slurry Seal or Microsurfacing on full road width of
North Elm Street for the entire length of the project frontage.
72. Street width geometry shall comply with Engineering Standard 7010. The following
streets are designated as:
a. Local Road: North Elm Stret
b. Arterial: East Grand Avenue
CURB, GUTTER, AND SIDEWALK
73. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
74. Driveway crossings shall have a decorative treatment and the applicant shall color any
such new facilities as directed by the Community Development Director.
75. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
76. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
77. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach
shall be repaired or replaced to the satisfaction of the Public Works Director
The project shall dedicate a pedestrian access easement(s) when the ADA sidewalk
extension does not fall within the City’s right-of-way.
DEDICATIONS AND EASEMENTS
78. A blanket Public Utility Easement (PUE) shall be dedicated over the project site.
79. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard
forms, and shall include legal descriptions, sketches, closure calculations, and a
current preliminary title report. The applicant shall be responsible for all required fees,
including any additional required City processing.
80. The subdivider shall enter into a subdivision agreement for the completion and
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RESOLUTION NO.
PAGE 15
guarantee of improvements required. The subdivision agreement shall be on a form
acceptable to the City.
GRADING AND DRAINAGE
81. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit one (1)
copies of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or
a Water Pollution Control Plan (W PCP) consistent with the San Luis Obispo Regional
Water Quality Control Board (RWCB) requirements.
82. All grading shall be performed in accordance with the City Grading Ordinance and
Standard Specifications and Engineering Standards.
83. Drainage facilities shall be designed in compliance with Engineering Standard 1010
Section 5.1.2.
84. Submit a soils report for the project shall be prepared by a registered Civil Engineer
and supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report. The date of the soils report
shall be less than 3 years old at the time of submittal.
85. The applicant shall dedicate a pedestrian access easement(s) for the ADA sidewalk
extension.
86. Infiltration basins shall be designed based on soil percolation tests. Infiltration test
shall include adequate borings depth and frequency to support design
recommendations.
WATER
87. Whenever possible, all water mains shall be looped to prevent dead ends. The Public
Works Director must grant permission to dead end water mains.
88. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
89. A Reduced Pressure Principle (RPP) backflow device is required on all water lines
to the mixed-use structure.
90. A Double Detector Check (DDC) backflow device is required on the water service
line to the new structures. Fire Department Connections (FDC) must be remote and
locations to be approved by the Building Official and Fire Chief.
91. The DDC shall be placed inside the building or adjacent to the building. Other
locations for the DDC shall be approved by the Director or Community Development.
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RESOLUTION NO.
PAGE 16
92. Each parcel shall have separate water meters.
93. Non-potable water is available at the Soto Sports Complex. The City of Arroyo Grande
does not allow the use of hydrant meters.
94. Lots using fire sprinklers shall have individual service connections.
95. Existing water services to be abandoned shall be abandoned in compliance with
Engineering Standard 6050.
SEWER
96. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8”.
97. All sewer laterals shall comply with Engineering Standard 6810.
98. Existing sewer laterals to be abandoned shall be abandoned in compliance with
Engineering Standard 6050.
99. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for
the appropriate use, minimum 4”.
100. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with Standard Specifications and Engineering Standards.
101. Obtain approval from the South San Luis Obispo County Sanitation District for the
development’s impact to District facilities prior to permit issuance.
102. Obtain approval from the South San Luis Obispo County Sanitation District prior to
relocation of any District facilities.
103. Submit a will-serve letter from South County Sanitary stating that the property access
and location of trash receptacles is adequate for trash collection service.
PUBLIC UTILITIES
104. The developer shall comply with Development Code Section 16.68.050: All projects
that involve the addition of over 100 square feet of habitable space shall be required
to place service connections underground - existing and proposed utilities.
105. All new and relocated dry utilities shall be shown on a utility plan.
106. Prior to approving any building permit within the project for occupancy, all conditions
of approval for project shall be satisfied.
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RESOLUTION NO.
PAGE 17
107. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to
the Director of Public Works for approval.
108. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q.
109. Upon execution of PG&E contract, submit contract to the City. Include PG&E
schematic in the project plan set.
TREE PRESERVATION/TREE REMOVAL PLAN
110. 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.
111. Prior to issuance of a grading or building permit, the developer shall submit a tree
preservation and tree removal plan to the Director of Public Works/City Arborist for
undeveloped parcels or lots with trees. The plan shall include the location, size and
species of all trees located on the lot or on adjoining lots, where development could
affect the roots or limbs of trees on adjacent property.
112. All significant trees to be removed as designated by the Director of Public Works/City
Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the
Public Works 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.
113. Prior to any work on the site, all trees to remain on site shall be marked with
paint/ribbon 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.
114. 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.___ No mechanical trenching within the drip line of a tree, unless approved
by the Parks and Recreation Director.
b.___ No storage of equipment, supplies, tools, etc., within 8' of the trunk of
any tree.
c.___ No grading shall occur under a trees dripline, unless approved by the
Public Works Director.
d.___ A five foot (5') protective fence shall be constructed a minimum of 8'
from the trunk of each tree.
115. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using
the International Society of Arboriculture (ISA) Pruning Standards.
Page 41 of 67
RESOLUTION NO.
PAGE 18
PUBLIC SAFETY
116. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
117. Prior to issuance of a certificate of occupancy, the applicant shall post accessible
parking signage, per California Building Code Section 11A and other applicable
standards.
118. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary
alarm system per Police Department guidelines, and pay the applicable Police
Department alarm permit application fee.
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
119. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a. Map check fee for Tract Map.
b. .
c. Plan check for grading plans (Based on an approved earthwork estimate).
d. Plan check for improvement plans (Based on an approved construction
cost estimate).
e. Permit Fee for grading plans (Based on an approved earthwork estimate).
f. Inspection Fee of subdivision or public works construction plans (Based on
an approved construction cost estimate).
g. Plan Review Fee (Based on the current Building Division fee schedule.
NOTE: The applicant is responsible to pay all fees associated with outside
plan review consultants)
120. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a. Water Neutralization fee, to be based on codes and rates in effect at the
time of building permit issuance, involving water connection or enlargement
of an existing connection.
b. Water Distribution fee, to be based on codes and rates in effect at the time
of building permit issuance.
c. Water Meter charge to be based on codes and rates in effect at the time
of building permit issuance.
d. Water Availability charge, to be based on codes and rates in effect at the
time of building permit issuance.
e. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
f. Traffic Signalization fee, to be based on codes and rates in effect at the
time of building permit issuance.
g. Sewer Connection fee, to be based on codes and rates in effect at the time
Page 42 of 67
RESOLUTION NO.
PAGE 19
of building permit issuance.
h. South San Luis Obispo County Sanitation District Connection fee.
i. Drainage fee, as required by the area drainage plan for the area being
developed.
j. Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall be
provided for existing houses), to be based on codes and rates in effect at
the time of building permit issuance.
k. Construction Tax, the applicant shall pay a construction tax.
l. Alarm Fee, to be based on codes and rates in effect at the time of
development.
m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on
codes and rates in effect at the time of development.
n. Building Permit Fee, to be based on codes and rates in effect at the time of
development.
121. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE
FINAL MAP/PARCEL MAP
a. Park Development fee, the developer shall pay the current park
development fee, and/or donate land in-lieu of, for each lot approved.
b. Park Dedication, the developer shall dedicate land for park purposes.
c. Park Improvement fee, the developer shall pay the current park
improvement fee for each lot approved.
d. Affordable Housing in Lieu fee, in accordance with Chapter 16.80 of
the Development Code.
122. Preliminary Title Report, a current preliminary title report shall be submitted to the
Director of Public Works prior to checking the map. If the property owner is a Limited
Liability Company (LLC), provide names and contact information for the individual
owners. A current subdivision guarantee shall be submitted to the Director of Public
Works prior to recording the Map.
BONDING SURETY
123. Erosion Control, prior to issuance of the grading or building permit, all new residential
construction requires posting of a $1,200.00 performance bond for erosion control and
damage to the public right-of-way. This bond is refundable upon successful
completion of the work, less expenses incurred by the City in maintaining and/or
restoring the site.
124. The applicant shall provide bonds or other financial security for the following. All
bonds or security shall be in a form acceptable to the City, and shall be provided
prior to recording of the map, unless noted otherwise. The minimum term for
Improvement securities shall be equal to the term of the subdivision agreement.
Page 43 of 67
RESOLUTION NO.
PAGE 20
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Erosion Control and Landscape, 100% of the approved estimated
cost of all erosion control work during construction and the estimated
cost of all final landscaping after construction is complete. This bond
is refundable upon successful completion of the work, less expenses
uncured by the City in maintaining and/or restoring the site.
c. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
d. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
e. Monumentation, 100% of the estimated cost of setting survey
monuments.
f. Tax Certificate, the applicant shall furnish a certificate from the tax
collector’s office indicating that there are no unpaid taxes or special
assessments against the property
g. Accessory Structures, the applicant shall remove or bond for removal
of all accessory structures not sharing a parcel with a residence.
h. Garages, the applicant shall construct, or bond for construction of a
two-car garage and driveway for the existing house on lot_____.
i. Curb cuts, the applicant shall construct or bond for construction of
individual curb cuts and paved driveways for parcels.
Page 44 of 67
ATTACHMENT 2
Page 45 of 67
1
ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
May 2, 2022, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
Committee Members Present: Jon Couch, Lori Mainini Hall, Warren Hoag,
Bruce Berlin
Committee Members Absent: Kristin Juette
Staff Present: Associate Planner Andrew Perez, Assistant
Planner Patrick Holub
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Chair Hoag called the Meeting to order at 2:33 pm.
2.ROLL CALL
Chair Hoag performed the roll call. Committee Member Juette was absent.
3.F LAG SALUTE
Vice Chair Berlin led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
Chair Hoag opened the public comment period. No public comment was received.
6.WRITTEN COMMUNICATIONS
None.
7.CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
ATTACHMENT 3
Page 46 of 67
2
Moved by Jon Couch
Seconded by Lori Mainini Hall
Approve the Minutes of the March 21, 2022 Regular Meeting.
AYES (3): Jon Couch, Lori Mainini Hall, and Warren Hoag
ABSTAINED (1): Bruce Berlin
ABSENT (1): Kristin Juette
Passed (3 to 0)
7.b Approval of Minutes
(PEREZ)
Moved by Bruce Berlin
Seconded by Jon Couch
Approve the Minutes of the April 18, 2022 Regular Meeting.
AYES (3): Jon Couch, Warren Hoag, and Bruce Berlin
ABSTAINED (1): Lori Mainini Hall
ABSENT (1): Kristin Juette
Passed (3 to 0)
8. PROJECTS
8.a Consideration of Administrative Sign Permit 22-007; One New Wall Sign for a New
Business; Location – 201 East Branch Street; Applicant – Aaron Regez
(HOLUB)
Assistant Planner Holub presented the staff report including the project location, sign details,
and compliance with the Village Design Guidelines. He also responded to questions about the
colors proposed for the signage.
Aaron Regez, project applicant, clarified that the project proposes gold lettering.
The ARC appreciated the lettering style, location, and overall design of the sign proposal. The
Committee was supportive of the gold color for the letters and found the proposal to be in
compliance with the Design Guidelines.
Moved by Bruce Berlin
Seconded by Jon Couch
The Architectural Review Committee (ARC) recommends that the Community Development
Director approve the proposed project as submitted.
Page 47 of 67
3
AYES (4): Jon Couch, Lori Mainini Hall, Warren Hoag, and Bruce Berlin
ABSENT (1): Kristin Juette
Passed (4 to 0)
8.b Consideration Tentative Tract Map 21-001 and Conditional Use Permit 22-001;
Subdivision and Construction Of Nine (9) Two-Story Residential Units and a Two-Story
Mixed-Use Structure; Location – 1214 E. Grand Avenue and 181 N. Elm Street; Applicant
– Floyd Hinesley
(PEREZ)
Acting Planning Manager Perez presented the staff report including details about the project
location and consistency with the General Plan and development standards in the Municipal
Code. He also provided information about the floor plans, parking, architecture, and
landscaping. He also explained that this project was previously reviewed by the Committee
when it was proposed as an apartment project in 2019, and the changes to the project with this
application.
Floyd Hinesley and Fred Porter, project applicants, spoke in favor of the project and explained
the purpose for changing the project type from rentals to ownership units. Mr. Porter also
explained the timeline for construction in regards to the phasing.
The ARC was supportive of the project and appreciated the infill of two underutilized lots to
provide housing types that are consistent with Housing Element policies and needed in the
community. The ARC found the architecture, colors, and materials for both the residential and
mixed-use buildings to be appropriate.
Moved by Bruce Berlin
Seconded by Lori Mainini Hall
The Architectural Review Committee (ARC) recommends that the Planning Commission
approve the project as submitted.
AYES (4): Jon Couch, Lori Mainini Hall, Warren Hoag, and Bruce Berlin
ABSENT (1): Kristin Juette
Passed (4 to 0)
9. DISCUSSION ITEMS
None
10. COMMITTEE COMMUNICATIONS
None.
Page 48 of 67
4
11. STAFF COMMUNICATIONS
Acting Planning Manager Perez informed the ARC that staff will be presenting a draft ordinance to
implement SB 9 to the Planning Commission at its meeting on Tuesday, May 3, 2022.
12. ADJOURNMENT
The Meeting adjourned at 3:31 pm.
_________________________
Warren Hoag, Chair
_________________________
Andrew Perez, Associate Planner
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ATTACHMENT 4
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ATTACHMENT 5Page 51 of 67
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ATTACHMENT 6
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1 TYP. 2 TYP. ELEVATION KEYNOTES ' KEYNOTES ONLY APPLY IF REFERENCED ON PLANS GENERAL
3 TYP.
A.SEE l,IATERIAL BoAAll FOR ADDmo� INFORMATION AND REQUIREMENTS.
B.USE APPROVED FlRESTOPS IN OPENINGS AROUND VO/TS, PIPES, DUCTS,CHIMNEYS, FIREPlACES & SIMILAR OPENINGS WHICH AFFORD A PAsSAGEFOR FlRE AT CEILING & FLOOR LEVELS WITH NON-COMBUSTIBLE MATERIALS.
EXTERIOR SKIN 0 STUCCO -STORMY BWE SMOOTH
0 MILGARD DOORS/WINDOWS -ANODIZED ALUMINUM0 STUCCO -WHITE SMOOTH0 STUCCO -NATURAL GREY SMOOTH0 SIDING -RECLAIMED WOOD RANSCREEN
South (East Grand A venue)
West
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Page 62 of 67
1" = 20' - 0"
HYDROZONE PLAN
L1
F: 661.367. 5284
P: 661.835.9259
93309
BAKERSFIELD, CALIFORNIA
C N O T P U B L I S H E D. A L L R I G H T S R E S E R V E D.
P R O J E C T N U M B E R
S H E E T N U M B E R
S H E E T D E S C R I P T I O N
R E V I S I O N S
P R O J E C T & C L I E N T N A M E
C H E C K E D B Y
D R A W N B Y
S C A L E
D A T E
OF
RIOS DESIGN STUDIO IS NOT RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT
GENERATED BY OTHERS FROM ELECTRONIC MEDIA.
3805 ORA VISTA AVENUE
LANDSCAPE ARCHITECTURE & DESIGN
RIOS DESIGN STUDIO
APRIL 2, 2019
MER
JR
PHASE 1 & 2
GATEWAY
APARTMENTS
& COMMERICAL
Hinsely Porter
1200 21ST STREET
BAKERSFIELD, CA 93301
PHONE (661) 327-0362
9
18-432
www.riosdesign.com
RB
HYDROZONE PLAN
HYDROZONE SUMMARY
HYDROZONE B -175 SF
TREES IRRIGATED WITH DEEP ROOT BUBBLERS
DESCRIPTIONSYMBOLHYDROZONE
#
B
HYDROZONE A- 8589 SF
SHRUBS AND GROUNDCOVER IRRIGATED WITH DRIP IRRIGATION
TOTAL LANDSCAPE AREA - 9495 SF
A
HYDROZONE C -731 SF
NON IRRIGATED COBBLE MULCHCEAST GRAND AVENUE NORTH ELM STREETPage 63 of 67
C
C
R
R
MV F
MV
F
P
P
PEZ
EZ 1" = 20' - 0"
IRRIGATION PLAN
& NOTES
L2
F: 661.367. 5284
P: 661.835.9259
93309
BAKERSFIELD, CALIFORNIA
C N O T P U B L I S H E D. A L L R I G H T S R E S E R V E D.
P R O J E C T N U M B E R
S H E E T N U M B E R
S H E E T D E S C R I P T I O N
R E V I S I O N S
P R O J E C T & C L I E N T N A M E
C H E C K E D B Y
D R A W N B Y
S C A L E
D A T E
OF
RIOS DESIGN STUDIO IS NOT RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT
GENERATED BY OTHERS FROM ELECTRONIC MEDIA.
3805 ORA VISTA AVENUE
LANDSCAPE ARCHITECTURE & DESIGN
RIOS DESIGN STUDIO
APRIL 2, 2019
MER
JR
PHASE 1 & 2
GATEWAY
APARTMENTS
& COMMERICAL
Hinsely Porter
1200 21ST STREET
BAKERSFIELD, CA 93301
PHONE (661) 327-0362
9
18-432
www.riosdesign.com
IRRIGATION PLAN
IRRIGATION PLAN NOTES
CONTRACTOR SHALL PROVIDE ALL LABOR, MATERIALS, AND EQUIPMENT NECESSARY TO
FURNISH AND INSTALL THE IRRIGATION SYSTEM AS SHOWN ON THE DRAWINGS, AS DESCRIBED
IN THE SPECIFICATIONS, AND IN ACCORDANCE WITH APPLICABLE CODES AND ORDINANCES.
DESIGN REFLECTS COMPLIANCE WITH CALIFORNIA STATE MWELO, (MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE) AND/OR THE LOCAL GOVERNING AGENCY'S ADOPTED WATER
EFFICIENT LANDSCAPE ORDINANCE.
DRAWINGS ARE DIAGRAMMATIC. CONTRACTOR SHALL BE RESPONSIBLE FOR ADJUSTMENTS
NECESSARY TO CONFORM TO ACTUAL FIELD CONDITIONS.
CONTRACTOR SHALL FLUSH ALL LINES AND ADJUST ALL HEADS FOR OPTIMUM PERFORMANCE
IN ACCORDANCE WITH THE SPECIFICATIONS AND TO PREVENT OVERSPRAY ONTO HARDSCAPE
AREAS OR STRUCTURAL ELEMENTS. THIS SHALL INCLUDE THROTTLING THE FLOW CONTROL
AT EACH VALVE TO OBTAIN THE OPTIMUM OPERATING PRESSURE FOR EACH SYSTEM. COSTS
INCURRED DUE TO ANY ADJUSTMENTS FOR 100% COVERAGE, INCLUDING THOSE REQUESTED
BY THE OWNER'S AUTHORIZED REPRESENTATIVE SHALL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
SYSTEM DESIGN IS BASED ON A MINIMUM OPERATING PRESSURE (P.S.I.) AND A MAXIMUM
DEMAND (G.P.M.) AS SHOWN AT EACH POINT OF CONNECTION ON THE DRAWINGS.
CONTRACTOR SHALL VERIFY PRESSURE AND DEMAND AT EACH POINT OF CONNECTION PRIOR
TO COMMENCING INSTALLATION AND SUBMIT SUCH IN WRITING TO THE OWNER'S AUTHORIZED
REPRESENTATIVE. IF ANY DISCREPANCIES EXIST, THEY SHOULD BE BROUGHT TO THE
IMMEDIATE ATTENTION OF THE OWNER'S AUTHORIZED REPRESENTATIVE.
EQUIPMENT SHOWN IN HARDSCAPE AREAS ARE FOR DESIGN CLARIFICATION ONLY AND SHALL
BE INSTALLED WHENEVER POSSIBLE WITHIN PLANTED AREAS A REASONABLE, REACHABLE
DISTANCE FROM HARDSCAPE AREAS
UNLESS OTHERWISE NOTED ON THE DRAWINGS, CONTRACTOR SHALL INSTALL WIRE AND PIPE
UNDER HARDSCAPE AREAS IN P.V.C. SCHEDULE 40 SLEEVES PLACED PRIOR TO INSTALLING
HARDSCAPE IN ACCORDANCE WITH APPLICABLE CODES. THE LOCATION OF SLEEVING
INDICATED ON CIVIL ENGINEER'S PLANS SHALL TAKE PRECEDENCE OVER THE LANDSCAPE
PLANS.
WHEREVER POSSIBLE, CONTROL WIRES SHALL OCCUPY THE SAME TRENCH AS PIPES.
EACH CONTROLLER SHALL HAVE ITS OWN INDEPENDENT GROUND WIRE.
SPLICING OF 24 VOLT WIRES WILL NOT BE PERMITTED EXCEPT IN VALVE BOXES. CONTRACTOR
TO LEAVE A 24" COIL OF EXCESS WIRE AT EACH SPLICE AND EVERY 100' ON CENTER ALONG
WIRE RUN. TAPE WIRE BUNDLES 10' ON CENTER. NO TAPING WILL BE PERMITTED INSIDE
SLEEVES.
WIRE CONNECTORS SHALL BE 3M DBR/Y6 OR APPROVED EQUAL.
CONTROL VALVES SHALL BE SIZED AS DESIGNATED ON THE DRAWINGS AND SHALL BE
INSTALLED IN VALVE BOXES AS INDICATED IN THE DETAILS. BOXES SHALL BE SET FLUSH WITH
THE FINISH GRADE OR SURFACE AND PERMANENTLY MARKED WITH THE LETTERS R.C.V.
FINAL LOCATION FOR BACKFLOW PREVENTION DEVICES SHALL BE APPROVED BY THE OWNER'S
AUTHORIZED REPRESENTATIVE PRIOR TO INSTALLING. CONTRACTOR SHALL NOTIFY ALL
LOCAL JURISDICTIONS FOR INSPECTION AND TESTING OF INSTALLED BACKFLOW PREVENTION
DEVICE.
CONTRACTOR SHALL INSTALL ANTI-DRAIN CHECK VALVES AS NECESSARY TO PREVENT LOW
HEAD DRAINAGE.
IRRIGATION HEADS SHALL BE SET PERPENDICULAR TO FINISH GRADE OF THE AREA TO BE
IRRIGATED UNLESS OTHEWISE DESIGNATED ON THE PLANS.
REFER TO WINTERIZATION NOTES ON THIS SHEET FOR THE PROCESS REQUIRED EACH YEAR
BEFORE TEMPERATURES DROP BELOW 32° F TO PROTECT THE IRRIGATION LINES FROM
DAMAGE DUE TO FREEZING TEMPERATRURES.
WATER METER-
STATIC WATER PRESSURE-
BACKFLOW PREVENTER-
CONTROLLER-
MAXIMUM FLOW DEMAND-
2"
1" RP BFP
3 STATIONS
11.53 GPM
WATER METER-
STATIC WATER PRESSURE-
BACKFLOW PREVENTER-
CONTROLLER-
MAXIMUM FLOW DEMAND-
1"
VALVE IDENTIFICATION KEY
VALVE SIZE SYSTEM
DESCRIPTION
VALVE G.P.M.VALVE STATION
NUMBER
EAST GRAND AVENUE NORTH ELM STREETPage 64 of 67
PIS CHI PISTACIA CHINENSIS CHINESE PISTACHE 24" BOX
STD
4 L
TREES
LOM PB LOMANDRA LONGIFOLIA
'PLANTINUM BEAUTY'
VARIGATED DWARF
MAT RUSH
1 GAL 30 L
PLANTING LEGEND- TREES & SHRUBS
BOTANICAL NAME COMMON NAME SIZE QTY.WULCOS
PIT TEN PITTOSPORUM TENUIFOLIUM
'MAJORIE CHANNON'
KOHUHU 5 GAL 29 M
LEU JES LEUCODENDRON
'SAFARI RED'
LEUCODENDRON 5 GAL 35 L
SHRUBS BOTANICAL NAME COMMON NAME SIZE QTY.WULCOS
3" THK COBBLE MULCH GRAY GRAVEL 3/4" DIA 731 SF
CAL LJ CALLISTEMON VIMIALIS
'LITTLE JOHN'
DWARF BOTTLEBRUSH 5 GAL 10 L
EX CUP CUPANIOPSIS
ANICARDIOIDES
EXISTING CARROTWOOD
TO REMAIN
1 M
EX QUE QUERCUS SPP.EXISTING OAK
TO REMAIN
1 L
FES GLA FESTUCA OVINA
'ELIJAH BLUE'
BLUE GRASS 1 GAL 60 L
NAN HD NANDINA DOMESTICA
HARBOR DWARF"
HEAVENLY BAMBOO 5 GAL 27 L
BOU BK BOUGANVILLEA
'BARBARA KARST'
BOUGANVILLEA 5 GAL 10 L
3" THK SHRUB BED
MULCH
WALK ON WOOD
WOOD MULCH
8589 SF
VINES
MULCH
ANI HYB ANIGOZANTHOS HYBRID
'BUSH BABY'
KANGAROO PAW 5 GAL 13 L
EXISTING JUNIPERS
TO REMAIN
CONTRACTORS SHALL
PROVIDE DRIP IRRIGATION
965 SF L
EX JUN JUNIPERUS CHINENSIS
'TORLOSA'
EXISTING PINE
TO REMAIN
1 L
1" = 20' - 0"
PLANTING PLAN
L5
F: 661.367. 5284
P: 661.835.9259
93309
BAKERSFIELD, CALIFORNIA
C N O T P U B L I S H E D. A L L R I G H T S R E S E R V E D.
P R O J E C T N U M B E R
S H E E T N U M B E R
S H E E T D E S C R I P T I O N
R E V I S I O N S
P R O J E C T & C L I E N T N A M E
C H E C K E D B Y
D R A W N B Y
S C A L E
D A T E
OF
RIOS DESIGN STUDIO IS NOT RESPONSIBLE FOR THE ACCURACY OR
COMPLETENESS OF REPRODUCTIONS OF THIS DOCUMENT
GENERATED BY OTHERS FROM ELECTRONIC MEDIA.
3805 ORA VISTA AVENUE
LANDSCAPE ARCHITECTURE & DESIGN
RIOS DESIGN STUDIO
APRIL 2, 2019
MER
JR
PHASE 1 & 2
GATEWAY
APARTMENTS
& COMMERICAL
Hinsely Porter
1200 21ST STREET
BAKERSFIELD, CA 93301
PHONE (661) 327-0362
9
18-432
www.riosdesign.com
RB
RB
RB
RB
PLANTING PLAN NORTH ELM STREETEAST GRAND AVENUE
Page 65 of 67
MEMORANDUM
TO: PLANNING COMMISSION
FROM: ANDREW PEREZ, PLANNING MANAGER
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 8.a – MAY 17, 2022 PLANNING COMMISSION MEETING
CONSIDERATION TENTATIVE TRACT MAP 21-001 AND
CONDITIONAL USE PERMIT 22-002; SUBDIVISION AND
CONSTRUCTION OF NINE (9) TWO-STORY RESIDENTIAL UNITS AND
A TWO-STORY MIXED-USE STRUCTURE; LOCATION – 1214 E.
GRAND AVE AND 181 N. ELM ST; APPLICANT – FLOYD HINESLEY
DATE: MAY 17, 2022
This supplemental memo contains public comment for the above referenced item received
after the publication of the agenda.
cc: Community Development Director
City Website
Page 66 of 67
From:RL Mann
To:pc publiccomment
Subject:2022-05-17 Public Comment for AG Planning Commission to approve Item 8a
Date:Tuesday, May 17, 2022 1:50:57 PM
Dear Planning Commission,
I write in support of Item 8a, the proposed development at 1214 E Grand/181 N Elm.
I live in an attached row-home similar to these in Grover Beach. It is a very water- and
energy-efficient, and more naturally affordable, design. We really should have more of them!
I particularly like the homes with the "ADU-like" ensuite ground-floor bed/bath. This could
serve as a relatively private and independent living space for a roommate or family member,
or for an aging owner (if they are sold vs. rented), as they are accessible.
The location is ideal - on bus and bike routes, and walking distance to pharmacy, grocery,
restaurants, and doctors' offices. I predict that those two-car garages will rarely have two cars
in them, but perhaps a couple of e-bikes. :)
While it's my opinion that they should be taller with less parking, these "missing middle"
homes will meet a lot of residents' needs. I urge you to approve the project.
Sincerely,
Rachel MannGrover BeachMobile:
Page 67 of 67