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Agenda Package - PC_Dec06_2022PLANNING COMMISSION MEETING AGENDA Tuesday, December 6, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande 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 In compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this Planning Commission meeting is being conducted in a hybrid in-person/virtual format. 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 Commissioner Buchanan 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 November 1, 2022 Regular Meeting. 8.PUBLIC HEARINGS 8.a Consideration Of Conditional Use Permit 22-006 And Tentative Parcel Map 22-004; Lot Split Of An Existing Parcel And Conversion Of A Duplex Into Two Single Family Dwellings; Location – 992 Bennett Ave; Applicant – Mark Vasquez (PEREZ) Recommended Action: It is recommended that the Planning Commission adopt a Resolution approving Conditional Use Permit Case No. 22-006 and Tentative Parcel Map 22-004. 8.b Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. (HOLUB) Recommended Action: Adopt a Resolution approving Conditional Use Permit 21-007. 9.NON-PUBLIC HEARING ITEMS None. 10.NOTICE OF ADMINISTRATIVE ITEMS SINCE NOVEMBER 1, 2022 ITEM NO. 1: Temporary Use Permit 22-016; Establishment of A Christmas Tree Lot from November 21, 2022 Through December 15, 2022; Location – 1587 El Camino Real; Joni Hopper, Hopper Family Christmas Trees 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 establishment of a Christmas tree sales lot in the Office Mixed Use (OMU) zoning district. The deadline to appeal this project is at 5:00 pm on December 7, 2022. Page 2 of 89 ITEM NO. 2: Plot Plan Review 22-065; Establishment of A Personal Service Business in an Existing Commercial Tenant Space; Location – 209 South Halcyon Road; Applicant – Briana Gros, To Have and To Hold Bridal Salon Suites 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 personal service business in the Office Mixed Use (OMU) zoning district. The deadline to appeal this project is at 5:00 pm on December 7, 2022. ITEM NO. 3: Consideration of Architectural Review 22-011; Additions to an Existing Single Family Residence in the Historic Character Overlay District; Location – 400 Allen St; Applicant – Mark Vasquez After making the findings specified in Section 16.16.130 of the Municipal Code, the Community Development Director, with a recommendation from the Architectural Review Committee approved the above referenced project for the construction of an addition to a single-family residence in the Historic Character Overlay District. The deadline to appeal this project is at 5:00 pm on December 7, 2022. ITEM NO. 4: Plot Plan Review 22-064; Establishment of A Salon in an Existing Commercial Space; Location – 1452 E. Grand Avenue; Applicant – Juliana Conaway 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 Salon in the Gateway Mixed Use (GMU) zoning district. The deadline to appeal this project is at 5:00 pm on December 12, 2022. 11.COMMISSION COMMUNICATIONS Correspondence/Comments as presented by the Planning Commission. 12.STAFF COMMUNICATIONS Correspondence/Comments as presented by the Community Development Director. 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 Page 3 of 89 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 4 of 89 1 ACTION MINUTES MEETING OF THE PLANNING COMMISSION November 1, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Commission Members Present: Chair Glenn Martin, Vice Chair Jamie Maraviglia, Commissioner Jim Guthrie, Kevin Buchanan Staff Present: Planning Manager Andrew Perez, Associate 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 Maraviglia 4.AGENDA REVIEW None. 5.COMMUNITY COMMENTS AND SUGGESTIONS None. 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 ATTACHMENT 1 Page 5 of 89 2 (HOLUB) Moved by Chair Martin Seconded by Commissioner Guthrie Approve the Minutes of the October 18, 2022 Regular Meeting Passed 7.b Consideration of Lot Line Adjustment 22-003; Location 688 Equestrian Way; Applicant – Bryan Childress; Representative – Marc Dakos (PEREZ) Moved by Chair Martin Seconded by Commissioner Guthrie It is recommended that the Planning Commission adopt a Resolution approving Lot Line Adjustment 22-003. Passed 8. PUBLIC HEARINGS Associate Planner Holub presented the staff report. Janet Wood, appellant, spoke in opposition to the establishment of a vacation rental in her neighborhood. Anju and Anish Chopra, applicants, spoke about their intentions for utilizing the vacation rental and mentioned that the appellant's concerns are not dissimilar to those faced by neighbors of long term rentals. Chair Martin opened the public hearing. Derek Johnson, 469 Walnut, spoke about concerns related to having a vacation rental near his home. Hearing no further public comment, Chair Martin closed the public hearing. 8.a Consideration of Appeal 22-002; Appeal of Plot Plan Review 22-043 for the Establishment of a Vacation Rental; Location – 444 Walnut Street; Appellant – Janet Wood, et. al. (HOLUB) Moved by Chair Martin Seconded by Vice Chair Maraviglia Adopt a Resolution denying Appeal Case No. 22-002 and approving Plot Plan Review 22-043. Passed 9. NON-PUBLIC HEARING ITEMS Page 6 of 89 3 None. 10. NOTICE OF ADMINISTRATIVE ITEMS SINCE OCTOBER 18, 2022 Received. Associate Planner Holub answered Commissioner questions regarding items #1, 2 and 3. Chair Martin opened the public comment period. John Kramer spoke against item #1 stating that the approval was in violation of the HOA's CC&Rs. Hearing no further public comment, Chair Martin closed the public comment period. Chair Martin moved and Vice Chair Maraviglia seconded a motion to appeal item #1 to a future meeting on the grounds that the CC&Rs for the development prevent short term rentals within the neighborhood. 11. COMMISSION COMMUNICATIONS Commissioner Guthrie asked a question regarding the number of permitted vacation rentals. Chair Martin encouraged the public to vote on November 8th. 12. STAFF COMMUNICATIONS Community Development Director Pedrotti informed the Commission that the City Council introduced the Tiny Homes on Wheels ordinance at the last meeting. 13. ADJOURNMENT The Meeting adjourned at 6:44pm. _________________________ Glen Martin, Chair _________________________ Patrick Holub, Associate Planner Page 7 of 89 MEMORANDUM TO: Planning Commission FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Planning Manager SUBJECT: Consideration Of Conditional Use Permit 22-006 And Tentative Parcel Map 22-004; Lot Split Of An Existing Parcel And Conversion Of A Duplex Into Two Single Family Dwellings; Location – 992 Bennett Ave; Applicant – Mark Vasquez DATE: December 6, 2022 SUMMARY OF ACTION: Approval of the project will result in the subdivision of an existing parcel and allow for each unit of the existing duplex to be separately conveyed. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution approving Conditional Use Permit Case No. 22-006 and Tentative Parcel Map 22-004. BACKGROUND: The subject property is located at the northwest corner of the Bennett Street/Linda Drive intersection, is zoned Fair Oaks Mixed-Use (FOMU) and is surrounded by a cemetery to the north, single-family residential to the west, and commercial uses to the south and east (Attachment 2). The property was undeveloped until 2015, when the Planning Commission approved a project to subdivide the subject property into four (4) lots, including three (3) lots for individual sale and one (1) lot with a duplex, for a total of five (5) residential units (Attachment 3). Three (3) of the units are attached and approximately 1,230 square-feet. Each of the three (3) are located on its own lot, which allow them to be sold individually. The two (2) remaining residences are approximately 1,525 square feet and are contained in the duplex on the remaining parcel. When the original subdivision was processed, the project was approved as a multi -family development despite the ability for three of the units to be sold independently of the others Page 8 of 89 Planning Commission Consideration Of Conditional Use Permit 22-006 And Tentative Parcel Map 22-004; Lot Split Of An Existing Parcel And Conversion Of A Duplex Into Two Single Family Dwellings; Location – 992 Bennett Ave; Applicant – Mark Vasquez December 6, 2022 Page 2 because the Arroyo Grande Municipal Code (AGMC) Section 16.04.070 defines “multi- family housing” as: “a dwelling unit that is part of a structure containing one or more other dwelling units, or a non-residential use. […] Multi-family dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three, or fo ur dwelling units respectively, in the same structure); apartments (five or more units under one ownership in a single building); and Cityhouse development (three or more attached dwelling units where no unit is located over another unit)”. The approved project meets the definition of multi-family housing because the three existing single-family units meet the definition of a Cityhouse structure. The project under consideration does not change this designation because the development still includes a structure in the Cityhouse configuration. ANALYSIS OF ISSUES: The applicant proposes to subdivide the existing 8,364 square foot parcel on which the existing duplex is built (Attachment 4). Each of the newly created lots will contain of one unit of the existing duplex and its own two car garage . The proposed parcel map will create two lots with sizes of 3,615 and 4,749 square feet and will allow for the units to be sold independently of each other. The minimum lot size for the FOMU district is 15,000 square-feet, which is larger than the lots proposed with the project. However, multi-family residential housing on lots with areas less than 15,000 square feet are allowed in the FOMU district with approval of a Conditional Use Permit. Aside from the minimum lot sizes, the proposed project meets development standards of the AGMC with regard to lot coverage, setbacks, height restrictions, etc. No changes are proposed for the architecture, open space, or landscaping that currently exists. General Plan The Land Use Element of the General Plan contains objectives and policies that support the proposed project. For example, Land Use Objective LU3 states the City shall accommodate a broad range of Multi Family Residential (MFR) and special needs housing types and densities within the City. The proposed project is also supported by Housing Element Policy A.15, which states that 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. Attached single-family dwellings meet the definition of a “missing middle” housing type. Residential Density The AGMC allows residential densities of fifteen (15) units per acre for multi-family residential projects not located in mixed-use projects. No changes are proposed with Page 9 of 89 Planning Commission Consideration Of Conditional Use Permit 22-006 And Tentative Parcel Map 22-004; Lot Split Of An Existing Parcel And Conversion Of A Duplex Into Two Single Family Dwellings; Location – 992 Bennett Ave; Applicant – Mark Vasquez December 6, 2022 Page 3 regards to the total number of units and bedrooms in this development, so the project remains below the maximum density allowed by the Municipal Code. Access The units are currently accessed via a central driveway off Linda Drive, with two (2) car garages adjacent to the driveway. Pedestrian access to the residences that are part of the proposed subdivision is taken from Bennett Street. The proposed subdivision will not require a physical change to the current access points. Parking Parking requirements for the development are identified in AGMC Section 16.56.060 and are required per unit. This includes two (2) spaces per unit in an enclosed garage, as well as guest parking at a rate of 0.5 spaces per unit. For the proposed development, these requirements result in three (3) guest parking spaces, as partial spaces are rounded up. Each residence contains two (2) spaces in their respective garages, meeting the requirement for the residences themselves. The site includes three (3) guest parking spaces to meet the requirements of the AGMC. The conversion from a rental unit to an ownership unit does not change the parking requirement. Shared Amenities Planning Commission Resolution 15-2233 includes conditions of approval that required the developer to record Covenants, Conditions, and Restrictions (CC&R’s) that include provisions for maintenance of the driveway, common areas, and landscaping. A joint maintenance agreement was also recorded to ensure that the landscaping, drainage facilities, driveway, and shared parking areas are maintained in adequate condition. Finally, a blanket easement for public utilities, private access, and landscaping was recorded over all common areas within the project area. The prepared Resolution includes conditions requiring the CC&R’s, easements, and joint maintenance agreement to be updated to make considerations for the newly created parcel. ALTERNATIVES: The following alternatives are provided for the Planning Commission’s consideration: 1. Adopt the prepared Resolution approving the subdivision of the existing parcel; or 2. Modify the Resolution as appropriate and adopt the Resolution; or 3. Do not adopt the Resolution and provide direction to staff; or 4. Provide other direction to staff. ADVANTAGES: An approved project will create a residential unit that can be separately conveyed, providing an ownership opportunity that is different from the typical detached single -family home. Page 10 of 89 Planning Commission Consideration Of Conditional Use Permit 22-006 And Tentative Parcel Map 22-004; Lot Split Of An Existing Parcel And Conversion Of A Duplex Into Two Single Family Dwellings; Location – 992 Bennett Ave; Applicant – Mark Vasquez December 6, 2022 Page 4 DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), and the project was determined to be categorically exempt pursuant to Sections 15303 and 15315 of the CEQA Guidelines regarding conversion of small structures and minor divisions of land. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. A public hearing notice was mailed to all property owners within 300 feet of the subject property ten days prior to the meeting date. Attachments: 1. Resolution 2. Project Location 3. Planning Commission Resolution 15-2233 4. Tentative Parcel Map Plans Page 11 of 89 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 22-006 AND TENTATIVE PARCEL MAP 22-004; LOCATED AT 992 BENNETT STREET; APPLIED FOR MARK VASQUEZ WHEREAS, the applicant has filed an application for Tentative Parcel Map 22-004 and Conditional Use Permit 22-006 to subdivide an existing, developed lot into two (2) lots in the Fair Oaks Mixed-Use zoning district and establish two ownership units; and WHEREAS, the subject parcel is developed with an existing two-unit multi-family dwelling; and WHEREAS, the subdivision will allow the two existing multi-family units to be separately conveyed; and WHEREAS, the Planning Commission has reviewed the 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 has found and determined that the project is exempt per Section 15332 (In-Fill Development) of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on December 6, 2022; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings: 1. The proposed tentative parcel map is consistent with goals, objectives, policies, 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 tentative parcel map would allow the site to be developed with an allowable use and at a density that is consistent with Section 16.36.020 of the Municipal Code and the Land Use Element of the City’s General Plan. 2. The site is physically suitable for the type of development proposed . The site is currently developed with a five (5) multi-family residential units and no additional units are proposed as part of this application . Page 12 of 89 RESOLUTION NO. PAGE 2 3. The site is physically suitable for the proposed density of development. The project proposes to divide the existing property into two (2) parcels for to allow the attached multi-family residential units to be conveyed separately. The subdivision meets all applicable development standards of the Fair Oaks Mixed-Use (FOMU) zoning district when a conditional use permit is concurrently approved. 4. The design of the tentative parcel 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 design of the parcel map will not cause substantial environmental damage nor will it injure either fish or wildlife or their habitat, as the site has previously been disturbed and is located in an urbanized area . 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause any serious public health problems due to being in compliance with applicable development standards of the Arroyo Grande Municipal Code. 6. The design of the tentative parcel 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 parcel 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 parcel map has been reviewed by appropriate City Departments and will not conflict with any public easements. 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 by Division 7 (commencing with Section 13000) of the California Water Code . Conditions of approval for the existing development ensure that the subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. Those conditions will remain in effect with this approval. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project Page 13 of 89 RESOLUTION NO. PAGE 3 development. The project is located adjacent to all necessary public facilities and wil l not negatively affect the adequacy of those facilities . 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. Multi-family housing not located within a mixed-use project is allowed in the FOMU zoning district per Section 16.36.030 of the Municipal Code and is consistent with development standards for the FOMU zoning district per Municipal Code Section 16.36.020 with the approval of a conditional use permit. 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 multi-family housing project is allowed in the FOMU zoning district and will not impair the integrity and character of the district as it is consistent with the General Plan and all applicable development standards of the Municipal Code. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the five-unit multi-family residential project as the development meets all applicable development standards in c onjunction with approval of the conditional use permit. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The project is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities . 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improve ments in the vicinity. The design of the proposed multi-family residential project will not cause any serious public health problems due to being in compliance with Page 14 of 89 RESOLUTION NO. PAGE 4 applicable development standards of the Arroyo Grande Municipal Code . NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 22-004 and Conditional Use Permit 22-006, as presented to the Planning Commission and shown in Exhibit “B”, attached hereto and incorporated herein by this reference as though set forth in full, 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 6th day of December, 2022. Page 15 of 89 RESOLUTION NO. PAGE 5 ATTEST: _______________________________ PATRICK HOLUB SECRETARY TO THE COMMISSION ___________________________ GLENN MARTIN CHAIR AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Page 16 of 89 RESOLUTION NO. PAGE 6 EXHIBIT “A” CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 22-004 & CONDITIONAL USE PERMIT CASE 22-006 992 BENNETT STREET This approval authorizes the subdivision of one (1) 8,364 square foot lot into two (2) lots of 3,615 and 4,749 square feet to allow for the separate conveyance of the existing two multi-family residential units. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. All conditions of approval for Vesting Tentative Parcel Map Case No. 15-001 and Conditional Use Permit Case No. 15-005 shall remain in effect. 3. Development shall conform to the Fair Oaks Mixed-Use requirements except as otherwise approved. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 6, 2022 and marked Exhibit “B”. 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. All conditions of approval shall be printed on construction plans and included in construction drawings 7. This approval shall expire on December 6, 2024 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 8. 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 Page 17 of 89 RESOLUTION NO. PAGE 7 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. SUBDIVISION CONDITIONS 9. The applicant shall comply with Development Code Chapter 16.20 “Land Divisions”. 10. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations”. 11. The developer shall comply with Development Code Chapter 16.68 "Improvements". 12. The applicant shall amend the existing Covenants, Conditions and Restrictions (CC&R's) to include the newly created parcel. The CC&R’s shall be submitted for review by staff and recorded prior to recordation of the final map. 13. The existing joint maintenance agreement for the common landscape, drainage and access driveway shall be amended to include the new lot and submitted for review prior to recordation. The joint maintenance agreement shall be recorded prior to recordation of the final map. BUILDING AND LIFE SAFETY DIVISION BUILDING CODES 14. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. FIRE LANES 15. All fire lanes must be posted and enforced, per Fire Department guidelines. FEES 16. Pay all required City fees prior to recordation of the final map. ENGINEERING DIVISION 17. Applicant shall fund outsourced plan and map check services, as required. DEDICATIONS AND EASEMENTS 18. Amend the existing blanket easement for purposes of utilities, access, and landscaping over the common areas to include the newly created parcel. PUBLIC UTILITIES 19. 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. Page 18 of 89 RESOLUTION NO. PAGE 8 20. Prior to approving any building permit within the project for occupancy, all public utilities shall be installed and operating to the satisfaction of the P ublic Works Director. Page 19 of 89 ATTACHMENT 2 Page 20 of 89 RESOLUTION NO. 15 -2233 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP 15 -001 AND CONDITIONAL USE PERMIT CASE NO. 15 -005; LOCATED AT THE NORTHWEST CORNER OF BENNETT STREET AND LINDA DRIVE; APPLIED FOR BY THE BURKE FAMILY TRUST WHEREAS, the applicant has filed an application for Vesting Tentative Parcel Map 15- 001 to subdivide a vacant lot into four (4) lots in the Fair Oaks Mixed -Use zoning district; and WHEREAS, the applicant has filed Conditional Use Permit 15 -005 to construct a five (5) unit multi - family residential development; and WHEREAS, the Planning Commission has reviewed the 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 has found and determined that the project is exempt per Section 15332 (In -Fill Development) of the CEQA Guidelines; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on August 18, 2015; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings: 1. The proposed tentative parcel map is consistent with goals, objectives, policies, 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 tentative parcel map would allow the site to be developed with an allowable use and at a density that is consistent with Section 16.36.020 of the Municipal Code and the Land Use Element of the City's General Plan. 2. The site is physically suitable for the type of development proposed. The site is currently undeveloped and is of an adequate size and shape to accommodate the development of the proposed five (5) unit multi - family residential project proposed in conjunction with the subdivision. ATTACHMENT 3 Page 21 of 89 RESOLUTION NO. 15 -2233 PAGE 2 3. The site is physically suitable for the proposed density of development. The project proposes to divide the existing property into four (4) parcels for the development of the proposed five (5) unit multi - family residential project proposed in conjunction with the subdivision, which meets all applicable development standards of the Fair Oaks Mixed -Use (FOMU) zoning district when a conditional use permit is concurrently approved. 4. The design of the tentative parcel 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 design of the parcel map will not cause substantial environmental damage nor will it injure either fish or wildlife or their habitat, as the site has previously been disturbed and is located in an urbanized area. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause any serious public health problems due to being in compliance with applicable development standards of the Arroyo Grande Municipal Code. 6. The design of the tentative parcel 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 parcel 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 parcel map has been reviewed by appropriate City Departments and will not conflict with any public easements. 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 by Division 7 (commencing with Section 13000) of the California Water Code. Conditions of approval ensure that the subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. Page 22 of 89 RESOLUTION NO. 15 -2233 PAGE 3 The project is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities. 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. Multi- family housing not located within a mixed -use project is allowed in the FOMU zoning district per Section 16.36.030 of the Municipal Code and is consistent with development standards for the FOMU zoning district per Municipal Code Section 16.36.020 with the approval of a conditional use permit. 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 multi - family housing project is allowed in the FOMU zoning district and will not impair the integrity and character of the district as it is consistent with the General Plan and all applicable development standards of the Municipal Code. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is suitable for the five -unit multi - family residential project as the development meets all applicable development standards in conjunction with approval of the conditional use permit. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The project is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities. 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 design of the proposed multi - family residential project will not cause any serious public health problems due to being in compliance with applicable development standards of the Arroyo Grande Municipal Code. Page 23 of 89 RESOLUTION NO. 15 -2233 PAGE 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Vesting Tentative Parcel Map 15 -001 and Conditional Use Permit 15 -005, as presented to the Planning Commission and shown in Exhibit "B ", attached hereto and incorporated herein by this reference as though set forth in full, 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 Martin, seconded by Commissioner George, and by the following roll call vote, to wit: AYES: Martin, Fowler- Payne, George NOES: Mack ABSENT: Keen the foregoing Resolution was adopted this 18th day of August 2015. ATTEST: O DEBBIE WEICHINGERY SECRETARY TO THE COMMISSION AS TO CONTENT: TERE X MCCLISH COMMUNITY DEVELOPMENT DIRECTOR LAN OR E, CHAIR Page 24 of 89 RESOLUTION NO. 15 -2233 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP 15 -001 & CONDITIONAL USE PERMIT CASE NO. 15 -005 NORTHWEST CORNER OF BENNETT STREET AND LINDA DRIVE This approval authorizes the subdivision of one (1) 17,535 square foot lot into four (4) lots for the development of a five (5) unit multi - family residential development. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map Case No. 15 -001 and Conditional Use Permit Case No. 15 -005. 3. Development shall conform to the Fair Oaks Mixed -Use requirements except as otherwise approved. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of August 18, 2015 and marked Exhibit B" 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. All conditions of approval shall be printed on construction plans and included in construction drawings 7. This approval shall expire on August 18, 2017 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, including those specifically modified by these conditions. 9. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code. Construction activities Page 25 of 89 RESOLUTION NO. 15 -2233 PAGE 6 shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 10. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 11. 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. AESTHETICS 12. 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. 13. All electrical panel boxes shall be installed inside the building or in a manner that is screened from view. SUBDIVISION CONDITIONS 14. The applicant shall comply with Development Code Chapter 16.20 "Land Divisions ". 15. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations ". 16. The developer shall comply with Development Code Chapter 16.68 Improvements ". 17. The applicant shall submit Covenants, Conditions and Restrictions (CC &R's) that are reviewed and approved by the City Attorney and recorded prior to or concurrently with the final map. At a minimum, the CC &R's shall: a. Provide for maintenance of the driveways, common areas, 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. Page 26 of 89 RESOLUTION NO. 15 -2233 PAGE 7 18. A joint maintenance agreement for the common landscape, drainage and access driveway 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. LIGHTING 19. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be of energy efficient material (e.g., LED) BUILDING AND LIFE SAFETY DIVISION BUILDING CODES 20. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 21. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 22. All fire lanes must be posted and enforced, per Fire Department guidelines. FIRE FLOW /FIRE HYDRANTS 23. The project shall have a fire flow in accordance with the California Fire Code. 24. The new fire hydrant shall be per City Standards. FIRE SPRINKLER 25. All buildings must be fully sprinklered per Building and Life Safety Division guidelines and per the California Fire Code. ABANDONMENT /NON- CONFORMING 26. Prior to map recordation, issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non - conforming items such as septic tanks, wells, underground piping and other undesirable conditions. SPECIAL CONDITIONS 27. One week prior to scheduling of final inspection or any issuance of certificate of occupancy, a project inspection by the Building, Planning and Engineering Divisions and Public Works Department is required. Page 27 of 89 RESOLUTION NO. 15 -2233 PAGE 8 C C C Q 28. Pay all required City fees at the time they are due (for your information, the Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 29. Water Meter, service main, distribution, and availability fees. 30. Water neutralization fee. 31. Traffic Impact fee. 32. Traffic Signalization fee. 33. Sewer hook -up & facility fees. 34. Building Permit fees. 35. Strong Motion Instrumentation Program (SMIP) fee and State Green Building fee. 36. Park Development fee. 37. Park Improvements fee. 38. Community Centers fee. 39. Fire Protection fee. 40. Police Facilities fee. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: 1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. 2) Serving written notice on the City Council, which notice shall contain all of the following information: Page 28 of 89 RESOLUTION NO. 15 -2233 PAGE 9 a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. ENGINEERING DIVISION Post Construction Stormwater Requirements Performance Requirement No. 1 : Site Design and Runoff Reduction Projects that create and /or replace 2,500 square feet or more of impervious surface must: 1) Limit disturbance of creeks and natural drainage features. 2) Minimize compaction of highly permeable soils. 3) Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection. 4) Minimize impervious surfaces by concentrating improvements on the least - sensitive portions of the site, while leaving the remaining land in a natural undisturbed state. 5) Minimize stormwater runoff by implementing one or more of the following site design measures: a. Direct roof runoff into cisterns or rain barrels for reuse. b. Direct roof runoff onto vegetated areas safely away from building Page 29 of 89 RESOLUTION NO. 15 -2233 PAGE 10 foundations and footings, consistent with California building code. c. Direct runoff from sidewalks, walkways, and /or patios onto vegetated areas safely away from building foundations and footings, consistent with California building code. d. Direct runoff from driveways and /or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California building code. e. Construct bike lanes, driveways, uncovered parking lots, sidewalks, walkways, and patios with permeable surfaces. 6) Define the development envelope and protected areas, identifying areas that are most suitable for development and areas to be left undisturbed. 7) Conserve natural areas, including existing trees, other vegetation, and soils. 8) Limit the overall impervious footprint of the project. 9) Set back development from creeks, wetlands, and riparian habitats. 10) Conform the site layout along natural landforms. 1 1) Avoid excessive grading and disturbance of vegetation and soils. Performance Requirement No. 2: Water Quality Treatment Projects that create and /or replace 5,000 square feet or more of impervious surface must treat stormwater runoff from existing, new, and replaced impervious surfaces on sites where runoff from existing impervious surfaces cannot be separated from runoff from new and replaced impervious surfaces. Water Quality Treatment must be treated onsite using the measures listed below, in order of preference. 1) Harvesting and use, infiltration, and evapotranspiration designed to retain stormwater runoff equal to the volume of runoff generated by the 85th percentile 24 -hour storm event, of 1 inch. 2) Biofiltration treatment systems with the following design parameters: a) Prevent erosion, scour and channeling within the biofiltration treatment system based on the flow of runoff produced from a rain event equal to 0.2 inches per hour intensity. b) Minimum surface reservoir volume equal to the biofiltration treatment system surface area times a depth of 6 inches. C) Minimum planting medium depth of 24 inches. The planting medium must sustain a minimum infiltration rate of 5 inches per hour throughout the life of the project and must maximize runoff retention and pollutant removal. A mixture of: i) Sand - 60% to 70% meeting ASTM C33. ii) Compost - 30% to 40% may be used. d) Proper plant selection. e) Subsurface drainage /storage (gravel) layer with an area equal to the biofiltration treatment system surface area and having a minimum depth of 12 inches. f) Underdrain with discharge elevation at top of gravel layer. g) No compaction of soils beneath the biofiltration facility ripping /loosening of soils required if compacted). h) No liners or other barriers interfering with infiltration, except for situations where lateral infiltration is not technically feasible.. Page 30 of 89 RESOLUTION NO. 15 -2233 PAGE 11 3) Non - Retention Based Treatment Systems must collectively achieve at least one of the following hydraulic sizing criteria: a) Hydraulic Sizing Criteria for Non - Retention Based Treatment Systems: i) Volume Hydraulic Design Basis must be based on the 85th percentile 24 -hour storm event of 1 inch. ii) Flow Hydraulic Design Basis must be based on the flow of runoff resulting from a rain event equal to at least 0.2 inches per hour intensity. GENERAL CONDITIONS 41. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works, the Community Development Director or his /her representative. 42. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. 43. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 44. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD as well as PDF format shall be required. Record Drawings ( "as- built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 45. Submit three (3) full -size paper copies for inspection purposes during construction to the City Engineer. 46. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie -out survey monuments or vertical control bench marks within 24 inches of work. Should any existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the Page 31 of 89 RESOLUTION NO. 15 -2233 PAGE 12 project acceptance or sign off of the Encroachment Permit. IMPROVEMENT PLANS 47. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works or Community Development Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation f. Other improvements as required by the Community Development Director. NOTE: All plan sheets must include City standard title blocks, no larger than 24" x 36 ") g. Provide Construction Estimate of all public improvements using unit construction cost as provided by the County of San Luis Obispo. 48. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location and dimension of all existing and proposed paved areas. c. The location of all existing and proposed public or private utilities. d. Provide plan and profile with grades for all curb, gutter and sidewalk installations. 49. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 50. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right -of -way (City or Caltrans). STREET IMPROVEMENTS 51. 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. 52. All street repairs shall be constructed to City standards. CURB GUTTER AND SIDEWALK 53. Install new concrete curb, gutter, and sidewalk as directed by the Public Works Director. 54, Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. All driveway approaches must provide ADA compliant walkway. Page 32 of 89 RESOLUTION NO. 15 -2233 PAGE 13 55. 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. 56. At time of Building Permit - Provide parking restricted red curb at proposed driveway entrance in conformance with City Engineering Standard 104 -AG 57. Provide sidewalk barricade at terminus of existing sidewalk. DEDICATIONS AND EASEMENTS 58. Street tree planting and maintenance easements shall be dedicated adjacent to all street right -of -ways. Street tree easements shall be a minimum of 10 feet beyond the right -of -way. 59. 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. 60. Provide PUE for utilities. STORMWATER 61. PRIOR TO ISSUANCE OF A ENCROCHMENT PERMIT, the applicant shall submit a Water Pollution Control Plan. 62. 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. 63. Infiltration basins shall be designed based on soil tests. Infiltration test shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. 64. The applicant shall provide on -site storm water infiltration facilities designed and constructed to ensure that the 100 -year basin outflow shall not exceed the pre - development flow. 65. Applicant must comply with Regional Water Quality Control Board's Post Construction Requirements. 66. Applicant must submit a compliant Regional Water Quality Control Board Post Construction Stormwater Control Plan. Page 33 of 89 RESOLUTION NO. 15 -2233 PAGE 14 67. The existing drainage inlet is no longer in compliance with standards. The applicant shall update existing drainage inlet to provide for side entry per 300 -AG to the appropriate width /size so that flood waters will not overtop new driveway entrance, or provide sufficient documentation that in the event of mechanical failure, residences will not be flooded and safe overland flow will be achieved. Provide stormwater protection for sediment and debris. LANDSCAPE 68. Provide street trees requirement at 50' minimum spacing per AGMC. 69. The applicant shall not plant turf. Use drought tolerant landscape only. WATER 70. Non - potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters or the use of potable water for construction purposes. 71. Fire sprinkler engineer shall determine the size of the water meters. 72. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 73. Abandon and remove existing water services (2) serving property from water meter to water main. 74. Install new water meter manifold per Engineering Standard 711 -AG. SEWER 75. All sewer laterals within the public right -of -way must have a minimum slope of 2 %. 76. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 77. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. PUBLIC UTILITIES 78. 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. 79. Prior to approving any building permit within the project for occupancy, all public Page 34 of 89 RESOLUTION NO. 15 -2233 PAGE 15 utilities shall be operational. 80. 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. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 81. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. BONDING SURETY 82. Erosion Control, prior to issuance of th residential construction requires posting c erosion control and damage to the public upon successful completion of the work, maintaining and /or restoring the site. grading or building permit, all new f a $1,200.00 performance bond for right -of -way. This bond is refundable ass expenses incurred by the City in ARCHITECTURAL REVIEW COMMITTEE 83. The applicant shall consider addressing patio areas for Residences 4 & 5. 84. A six foot (6') wooden fence shall be added to the cemetery side of the project in yard areas of Residences 1 & 5. 85. The Linda Drive fence of Lot 3 shall be extended further to the southwest corner to increase private yard areas. 86. The applicant shall break up massing of the concrete driveway with a method of articulation. Page 35 of 89 6 ! yFBC% »'.oN W+ Y' si''° N rJV{+w9et^u' /'WiaW414'Y iSvwB knave J4 - Y .NYIS(97 OZ Say "v+e.; O s s m^Ms ,x nr+ps >J P 1j Pc f ruvfa..+0 IrWau+UJ ' b d 3Qjmoo5GyzanbGeAV l uuoN MR fflwN? fflomAW, F t I Rp, jI FERPER ol V. ir- FF ON', 31 Al 4 Wp lu f9l AN, tu MER 04 mv Ul Ul IR AII Page 37 of 89 sre iB >;5o3) arts w;9VMe ntaJ 3. ryu :pe vh•'9<+N•wD•PT19w=MawrW rcw./yvfaa o/o A 61syema'S Ia :Kf.sai PNFid RR x+ M n O FUIV: ._ 1 I , I 1 1 Ci7' \ v I p p! a s ysenepossyzonbseq u"WubN w w§ s s € t r r tL i Page 38 of 89 ieec +rr+a ,n.- a+v.ae: > :en*w nnww.wo me ve.naaaf ee .»awsWaa I s:nYA; leay. can v+u U rv. vw+aga +:a Paa -uu q ++a'ia t; h 5aaeioosadzanbGe%gueuuoN va ''' WdLI ®c'3I Q lelluappoN Page 39 of 89 NIJ edVOSONVI IVIU MDN 3 Noula 01000 juawdoloAa(j fulluopism'd V 0 AFNiS ii3NNS8 w 02 w z In 4 I MWTIMMW m IT g o GO G 4s &D)e I oar Page 40 of 89 Y I ,JI I oQOyobo q wax w ruesonn f Z s Fi c eV r i ye. F. oyj rn. k I_E n e atet p8 acne d s J a 20 0 Uf Z s Page 41 of 89 o .o onand) MN3AV I-ONNAa 0 In LL- kt Page 42 of 89 N21°17'22"E 64.23'L=3 9 . 1 7 ',R = 2 5.00'D= 8 9 ° 4 6'19" BENNETT AVENUE (PUBLIC)LINDA DRIVE(PUBLIC)(E) 30" RCP SD @ 2.1%10' STREET TREE& PUE PER37 PM 25D.I.D.I.(E) 30" RCP SD (E)8" CURB, 18" GUTTER, 6' SIDEWALK (E) 6" CONCRETEBLOCK WALL/FENCE30'Parcel 24749 s f 39.71'S21°03'41"W 90.21'PTN LOT 106 RHOS CORRAL DE PIEDRA(CEMETERY)PARCEL 2, 31 PM 28PARCEL 1, 41 PM 16PTN LOT 106 RHOS CORRAL DE PIEDRA L = 2 3 2.1 8' R = 9 5.0 0' D = 1 4 0 °0 1'4 1"L=25.18'R=50.00'D=28°51'10"L =1 8 .6 8 'R =5 0 .0 0 'D =2 1 °2 4 '1 2 "N68°56'19"W BASIS OF BEARINGSN21°17'22"E2"GAS(E) 8"VCP SS @ 0.5%(E) 6" ACP W (E)15" VCP SS @ 1% (E) 15" VCP SS SSMH6" PVC SSPG&EEMEMEMEMEMGMGMGMGMGM20'20'(E)(E) 4" W P.G .&E . ESMTPER 2228 OR 448(E) 8" CURB, 18" GUTTER, 6' SIDEWALKPRIVATE ACCESS, DRAINAGE,LANDSCAPING, UTILITY ESMT& P.U.E. PER 80 PM 26(E) 20 FT WIDEDRIVEWAY APPROACH5-WM'SFH(E) FIREHYDRANTSSMHS68°56'19"E 57.53'N21°03'41"E 5.00'S68°56'19"E17.25'38.62'25.61'PARCEL 180PM26PARCEL 280PM26PARCEL 380PM26N68°17'04"W94.94'S68°56'19"E 69.68'50.50'DIDIDIDIDIN 2,240,061.203E 5,785,885.846NAD83 CA ZONE 5N 2,240,179.838E 5,785,893.160NAD83 CA ZONE 5(E) UNDERGROUNDSTORMWATERRETENTION SYSTEMSAND TRAPSAND TRAP(E) UTILITIES(TYP)(E) UTILITIES(TYP)DIDI(E) TREE(TYP)Parcel 13615 s fN21°03'41"E5.00'YARD ESMT PERTHIS MAPN68°56'19"W 20.00'2"BRISBANE2"BRISBANE2"BRISBANE2"STRAWBERRY2"STRAWBERRY2"STRAWBERRY4" SD (TYP )William R. DyerCivil Engineering- Land SurveyingP. O. Box 432Phone - (805) 481-1223Grover Beach CA 93483-0432NDSDLAA R NIRVEYORFIR.DOYELACATSECLI FOEWIL L I AMTN L.S. 5661ESURJob. No. Bur142071 of 1June 2022City of Arroyo GrandePARCEL MAP AG 15-0039 (80 PM 26)A SUBDIVISION OF PARCEL 4,NO. AG 22-0026TENTATIVE PARCEL MAP01 in. = 10 ft.10ftSURVEYORS STATEMENT:THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTIONAND TO THE BEST OF MY KNOWLEDGE COMPLIES WITH THELOT DIVISION ORDINANCE OF CITY OF ARROYO GRANDE.BY:____________________________DATE:________________NOTES:BOUNDARY IS SHOWN BASED UPON PARCEL MAPAG 15-0039.BASIS OF BEARINGS IS THE CENTERLINE OF LINDA DRIVEWHICH BEARS N 68°56'15" E PER FOUND MONUMENTSPER 80 PM 26.OWNER:BRIAN H. PACK & RACHEL M.CARDUCCI992 BENNETT AVENUEARROYO GRANDE CA 93421SUBDIVIDER:ROY BURKEP.O. BOX 253ARROYO GRANDE CA 93421(805) 489-4719Bench Mark:City of Arroyo Grande Mark No. 056, a brass disk in top ofcurb on Bennett Avenue at Burke and Pace Lumber.Elevation = 122.555. NGVD 1929.ATTACHMENT 4Page 43 of 89 MEMORANDUM TO: Planning Commission FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Associate Planner SUBJECT: Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. DATE: December 6, 2022 SUMMARY OF ACTION: Adoption of the prepared Resolution would approve the proposed project allowing for the construction of a new five (5) unit apartment building on a property currently developed with a professional office. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. RECOMMENDATION: Adopt a Resolution approving Conditional Use Permit 21-007. BACKGROUND: The project site is located at 141 South Elm Street and is zoned Gateway Mixed Use (GMU). The property is located near the corner of South Elm Street and Sunset Drive, just south of the intersection of East Grand Avenue and South Elm Street (Attachment 2). The 12,972 square foot parcel is currently developed with a professional engineering and survey office along the southwestern boundary of the property near the corner of South Elm Street and Sunset Drive. The rear of the property is developed with parking areas and a garage, which houses equipment for the business. The property shares a parking lot with the property immediately to the north and a reciprocal parking agreement is in place to allow both properties to utilize the available parking on the sites. The purpose of the GMU zoning 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. Regulations for the GMU Page 44 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 2 district, combined with the Design Guidelines and Standards for the GMU district intensifies both commercial development and multi-family housing opportunities in the western gateway to the City. The GMU district implements and is consistent with the Mixed Use land use designation of the General Plan. The GMU zone allows both multi - family and mixed use projects with the approval of a Conditional Use Permit (CUP). Pursuant to Arroyo Grande Municipal Code (AGMC) Section 16.16.050, Conditional Use Permit applications shall be reviewed by the Planning Commission after receiving a recommendation from the Community Development Director, Staff Advisory Committee and Architectural Review Committee. Project Description The proposed project consists of a new five (5) unit, two-story apartment building located at the rear of the project site. Each of the units are proposed to be approximately four - hundred fifty-one (451) square feet in size and are configured with living area, a kitchen and restroom on the first floor with a second story loft bedroom above. The dimensions of the units are twenty-seven feet (27’) deep by eleven feet (11’) wide. The loft bedroom has dimensions of fourteen feet (14’) by eleven feet (11’) and overlooks the u nit’s living area from above. Proposed plans, including a landscape plan and a color and materials board are included as Attachment 3. Staff Advisory Committee (SAC) The SAC discussed the proposed project on October 13th, 2022. The Committee discussed items such as the site’s geometry in relation to the setbacks, fire suppression requirements, parking and public improvements. The SAC was supportive of the project and recommended approval to the Planning Commission with an added condition that the applicant provide a fire department connection (FDC) on South Elm Street just north of the existing professional office. Architectural Review Committee (ARC) The ARC reviewed the proposed project on November 21, 2022. The Committee discussed the landscaping, architecture, material colors and appearance of the various elevations from the public right of way. The Committee recommended that a charcoal color be used for the awnings, rather than the proposed “Sea Serpent.” The Committee expressed support for the project due to the affordable by design nature of the project. The Committee was also supportive of the requested parking reduction and unanimously recommended approval of the project. Minutes from the November 21, 2022 ARC meeting are included as Attachment 4. ANALYSIS OF ISSUES: General Plan Consistency Page 45 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 3 The General Plan Land Use designation of the project site is Mixed Use, which is intended to provide for a variety of retail, service, commercial, offices, residential, and other compatible uses that support multiple neighborhoods and the greater community. The project is consistent with the identified policies in the Land Use Element and Housing Element below. Land Use Element LU5-8.2: Enable mixed-uses and development intensities to be increased in the Mixed Use corridors to promote pedestrian activity, provide better shopping opportunities and discourage incompatible commercial service uses in areas adjoining residential uses or classifications. LU5-10.2: Accommodate multiple family housing at a maximum density of 25 dwelling units per acre, FAR of 1.5 and total building height no greater than 35 feet. LU5-10.4: Require that mixed-use developments be designed to mitigate potential conflicts between the commercial and residential uses (e.g. noise, lighting, security, vehicular access) and provide adequate amenities for residential occupants. LU5-11.2: Accommodate the development of free-standing multi-family dwelling units on a minimum site area of 20,000 square feet at a density of up to 25 units per gross acre. Require that free-standing units be designed to convey a high-quality image. Housing Element 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 in such areas. A.9: The City shall continue to enable and encourage multiple -family, rental apartments, senior, mobile home, and special needs housing in appropriate locations and densities. These multiple-family residential alternative housing types tend to be more affordable than prevailing single-family residential low- and medium-density developments. 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. Development Standards The conceptual plan meets the development standards for setbacks, height, fl oor area ratio and lot coverage as shown in Table 1 below. Page 46 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 4 Table 1: Development Standards Development Standard GMU Requirement Proposed Setbacks: Front (S. Elm) 0-10 feet 47 feet Rear 0-15 feet 5 feet Side 0-5 feet 5 feet Floor-Area Ratio 1.5 .44 Lot Coverage 75% 24.4% Height 35 feet or three-stories 21.66 feet; two-stories Density The GMU zoning district allows a maximum of twenty (20) dwelling units per acre for mixed-use developments. The Municipal Code defines a mixed -use project as, “a project, which combines both commercial and residential uses, where the residential component is typically located above or behind the commercial use.” With the existing professional office and the proposed multi-family apartments, this project meets the definition of a mixed-use project. Residential density in mixed-use projects is calculated differently than exclusively single- and multi-family residential zoning districts. Pursuant to AGMC Section 16.36.030(C), mixed-use projects use residential density equivalencies to calculate a project’s dens ity. Table 2 illustrates how that number is determined. Table 2: Density Equivalent Units Residential Dwelling Unit Type Density Equivalent Number of Units Proposed Project Density Equivalent Units Live/Work Unit 0.5 0 0 Studio 0.5 0 0 1-bedroom 0.75 5 3.75 2-bedroom 1.0 0 0 3-bedroom 1.5 0 0 4-bedroom 2.0 0 0 Total: 5 3.75 At 0.30 acres, the site can accommodate up to 5.95 dwelling units according to the City’s standard density calculations for this zoning category. Pursuant to AGMC Section 16.48.060, rounding up the maximum density is applicable for mixed use districts, which would allow a maximum development density of 6 density equivalent units. The applicant proposes to construct a total of 3.75 density equivalent units, therefore, the proposal meets the zoning district’s maximum allowable density. Page 47 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 5 Access and Parking Access to the parcel is provided by both a driveway on Sunset Drive and a driveway on 127 South Elm Street, the adjacent parcel to the north . An existing reciprocal access agreement allows the subject property the legal right to use the driveway on the neighboring parcel. Both driveways access a parking lot that is shared by the two properties in accordance with an existing shared parking agreement. The parking lot has a total of thirty-two (32) parking spaces for the benefit of both properties. The existing office at 141 South Elm is 3,677 square feet in total and therefore requires a total of fifteen (15) parking spaces. The adjacent property at 127 South Elm is 2,398 square feet in total, requiring ten (10) parking spaces. In total, the existing uses require a total of twenty-five (25) spaces, leaving a total of seven (7) surplus parking spaces. AGMC Section 16.56.060 requires that one-bedroom apartments provide a total of one (1) covered parking space per unit and one-half (0.5) uncovered space per unit for developments over four (4) units. However, this Code section states that the parking required for residential use in mixed use projects does not have to be covered. In total, the proposal requires five (5) resident parking spaces and three (3) guest parking spaces. As part of this application, the applicant is proposing to allocate seven (7) spaces – including the six (6) spaces nearest the proposed buildings as well as one (1) space on the adjacent parcel – for the use. Because the allocated parking is still one parking space short of the requirement, the applicant is requesting a one space, or 12.5%, parking reduction. AGMC Section 16.56.050 states that “the total parking requirement may be reduced to eighty (80) percent of the required standard for shared uses… A conditional use permit shall be required to be reviewed and approved by the Planning Commission for such a reduction.” Due to the mixture of uses having different peak demand times for the parking spaces, staff is supportive of the requested parking reduction. Inclusionary Affordable Housing Requirements Pursuant to AGMC16.80.030, any project consisting of the development of two (2) or more housing units is required to meet the City’s inclusionary affordable housing requirements. AGMC16.80.050 outlines the methods an applicant may choose in order to comply with the requirements, which include: deed restriction of a percentage of the units for affordable housing; payment of an in -lieu fee equal to five-percent (5%) of the construction cost of each unit; or dedication of land where deemed appropriate by the City Council. With regard to this project, the applicant has elected to pay the City’s in-lieu fee, which is intended to facilitate the creation of future affordable housing units. Architecture The proposal consists of five (5) attached two-story apartment buildings with minimal architectural treatments to reduce overall design and construction costs in an effort to reduce monthly rental rates of the units. Page 48 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 6 Stucco siding is proposed as the cladding material for all wall sections, while charcoal colored asphalt shingles are proposed for the roofing material. In addition to the stucco siding, the applicant is proposing to install a series of clerestory windows along the top of the northern wall elevations to allow for natural lighting in the unit. The front and rear elevations (west and east elevations, respectively) have additional windows located on the second story near the building corners. A sliding glass door is also proposed near the front entry on the first floor of each unit. In addition to the proposed windows and doors, the project proposes to install awnings above each front entry door . The awnings are proposed to be painted charcoal based on a recommendation from the ARC. With regard to material colors, the applicant has proposed a color palate consisting of “Extra White” building trim, “Sea Serpent” doors, and “Earl Grey” siding. The trim color is described as a very bright white with a slightly cool undertone. “Sea Serpent,” proposed for all building doors, can be described as a dark navy blue with green undertones, simi lar to a dark blue-green. Lastly, the stucco siding color, “Earl Grey,” can be described as “generic grey.” The applicant is also proposing to re -paint the existing garage at the rear of the lot to match the proposed colors for the apartment. This includes “Earl Grey” siding, “Sea Serpent” doors and “Extra White” trim. Landscaping A total of 1,618 square feet of landscaping is proposed along the northern and southern property boundary adjacent to the proposed apartments. In total, this accounts for 12.5% of the total project area. The plant list incorporates a mixture of two (2) Shr ubby Yew Pines near the front building corners, various Dark Star California Lilacs along the northern property boundary, Blue Finger Succulents to the south of the proposed building and Horsetails in front of the building near the northwestern corner. The yews, succulents and lilacs are considered drought tolerant species, while the horsetails enjoy being watered more frequently and can sustain long periods of flooding. In addition to the proposed planting areas, the applicant is proposing gravel for the side and rear yards in an effort to reduce ongoing maintenance costs at the property. The square footage of the landscaped area incorporates the areas proposed with gravel surface. Design Guidelines Projects within the GMU zone are subject to the “Design Guidelines and Standards for Mixed Use Districts” (Guidelines). The primary purpose and goal of these Guidelines are to encourage the use of design that will distinguish the character and appearance of the East Grand Avenue corridor and a portion of El Camino Real in order to enhance economic vitality and incorporate mixed use activity. Page 49 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 7 The Guidelines state that “parking shall be located away from E. Grand Avenue and shared by multiple owners/users,” as is proposed as part of this project. The Guidelin es continue to state that the preferred parking configuration includes the use of shared parking lots on the property and off-site on a neighboring parcel. As part of this proposal, the applicant is proposing to utilize an existing shared parking lot that is away from East Grand Avenue and behind the commercial buildings that is shared between multiple users. The Guidelines state that color palettes should be compatible with those of adjoining buildings. The applicant is proposing a color palette comprised of white, dark blue and grey. They applicant is also proposing to re-paint the existing garage near the rear of the parcel to provide additional consistency between the two structures. During the ARC meeting on November 21, 2022, the ARC found that the proposed color palette is compatible with those of adjoining buildings. In regard to architectural detailing, the Guidelines state that designs should emphasize three-dimensional detailing on façades such as cornices, window moldings, and reveals to cast shadows and create visual interest on the façade. The Guidelines continue by stating that designs should avoid blank solid end walls or side walls visible from public view. Due to the location of the proposed structure, views from the public right of way will be minimal, although the buildings will be visible from each of the three surrounding public streets. During their meeting on November 21, 2022, the ARC found that the proposed architectural treatments were acceptable due to the minimal viewing angles from the adjoining public rights of way. The relevant sections of the Guidelines are included as Attachment 5. ALTERNATIVES: The following alternatives are provided for the Planning Commission’s consideration: 1. Adopt a Resolution approving Conditional Use Permit 21 -007; 2. Do not adopt a Resolution approving Conditional Use Permit 21 -007; or 3. Provide other direction to staff. ADVANTAGES: The proposed project will allow for the construction of an affordable by design infill project in manner consistent with the Development Code and all applicable design standards. DISADVANTAGES: None identified. ENVIRONMENTAL REVIEW: The project was reviewed in accordance with California Environmental Quality Act (CEQA) and it was determined to be categorically exempt per Section 15332 of the State Page 50 of 89 Planning Commission Consideration of Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. December 6, 2022 Page 8 CEQA Guidelines regarding infill development. CEQA Guidelines Section 15332 state that a categorical exemption for infill development is appropriate when: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; and b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; and c) The project site has no value as habitat for endanger ed, rare, or threatened species; and d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and e) The site can be adequately served by all required utilities and public services. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. A public hearing notice was published in the Tribune, on the City’s website and at the project site on November 25, 2022. Attachments: 1. Resolution 2. Project Location 3. Project Plans 4. Minutes from the November 21, 2022 ARC meeting 5. Design Guidelines for Mixed Use Districts Page 51 of 89 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE PERMIT 21-007; LOCATED AT 141 SOUTH ELM STREET; APPLIED FOR BY JEFF EMRICK, VISUAL HORIZON, INC. WHEREAS, the project site is approximately 0.30 acres, zoned Gateway Mixed-Use (GMU), and located near the southwest corner of South Elm Street and Sunset Drive; and WHEREAS, the applicant has filed Conditional Use Permit 21-007 for the development of a five (5) unit apartment building; and WHEREAS, the existing commercial component results in the project being categorized as a mixed-use project, for which the GMU district allows a maximum density of twenty (20) dwelling units per acre, or six (6) dwelling units on the 0.30-acre project site; and WHEREAS, the Staff Advisory Committee considered the project on October 13, 2022, and recommended approval with conditions; and WHEREAS, the Architectural Review Committee considered the project on November 21, 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 pursuant 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 December 6, 2022; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted 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. Page 52 of 89 RESOLUTION NO. PAGE 2 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 multi-family residential and commercial uses that support those residences. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is approximately 0.30 acres of underutilized land in the GMU zoning district and meets the development standards of the GMU zoning district and the Arroyo Grande Municipal Code. 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 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 Conditional Use Permit 21-007 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: ABSTAIN ABSENT: the foregoing Resolution was adopted this 6th day of December, 2022 Page 53 of 89 RESOLUTION NO. PAGE 3 _______________________________ GLENN MARTIN CHAIR ATTEST: _______________________________ PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: _______________________________ BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR Page 54 of 89 RESOLUTION NO. PAGE 4 EXHIBIT ‘A’ CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 21-007 141 SOUTH ELM STREET COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the construction of a new five (5) unit apartment building. 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 for Conditional Use Permit 21-007. 4. This application shall automatically expire on December 6, 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 development standards of the Gateway Mixed-Use zoning district except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 6, 2022 and marked Exhibit B. 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 shall be incorporated into all construction documents. 9. 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. 10. Development shall comply with Development Code Sections 16.48.070, “Fences, Page 55 of 89 RESOLUTION NO. PAGE 5 Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening Requirements”. 11. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including any specifically modified by these conditions. 12. 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). 13. 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: 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. 14. 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. 15. 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. Page 56 of 89 RESOLUTION NO. PAGE 6 16. 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. 17. 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. 18. 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 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. 19. 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. ARCHITECTURAL REVIEW COMMITTEE CONDITION 20. The material color for the entryway awnings shall be charcoal or another color complimentary to the approved color palette. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 21. 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 22. Prior to occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 23. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS Page 57 of 89 RESOLUTION NO. PAGE 7 24. Project shall have a fire flow in accordance with the California Fire Code. 25. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. FIRE SPRINKLER 26. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 27. Provide Fire apparatus access per the California Fire Code Appendix D, as adopted by the City of Arroyo Grande. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 28. 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 Runoff Retention controls complying with Engineering Standard 1010 Section 5.2.2. b. Prior to occupancy, the property owner shall record a Private Stormwater Management System Operations and Maintenance Agreement that clearly establishes responsibility for all Runoff Retention controls complying with Engineering Standard 1010 Section 5.2.3. c. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). GENERAL CONDITIONS 29. The developer shall sweep streets in compliance with Standard Specifications Section 13-4.03F. 30. For work requiring engineering inspections, working hours shall comply with Standard Specification Section 5-1.01. 31. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City’s noise regulations. 32. 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. 33. Preserve existing survey monuments and vertical control benchmarks in compliance Page 58 of 89 RESOLUTION NO. PAGE 8 with Standard Specifications Section 5-1.26A. 34. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City, County and/or Caltrans). CURB, GUTTER, AND SIDEWALK 35. 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. 36. Replace driveway approach on Sunset Drive. 37. Ensure a minimum sidewalk clearance of four (4) feet around poles, guy wires, and fire hydrants. GRADING AND DRAINAGE 38. 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 (WPCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 39. All grading shall be performed in accordance with the City Grading Ordinance and Standard Specifications and Engineering Standards. 40. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 41. 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 t he soils report shall be less than 3 years old at the time of submittal. WATER 42. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the structures and for landscape irrigation. 43. A Double Detector Check (DDC) backflow device is required on the water service line to the fire sprinklers. Fire Department Connections (FDC) must be remote and locations to be approved by the Building Official and Fire Chief. 44. 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. 45. Non-potable water is available at the Soto Sports Complex. The City of Arroyo Grande Page 59 of 89 RESOLUTION NO. PAGE 9 does not allow the use of hydrant meters. 46. Project shall utilize, or abandon, all existing stubbed utilities. 47. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 48. All sewer laterals shall comply with Engineering Standard 6810. 49. Project shall utilize, or abandon, all existing stubbed utilities. 50. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 51. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. 52. Obtain approval from the South San Luis Obispo County Sanitation District for the development’s impact to District facilities prior to permit issuance. 53. 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 54. The developer shall comply with Development Code Section 16.68.050 which requires that all projects that involve the addition of over 500 square feet of habitable space shall be required to place service connections underground. All existing and proposed utilities shall be placed underground. 55. All new and relocated dry utilities shall be shown on a utility plan. 56. Prior to approving any building permit within the project for occupancy, all conditions of approval for project shall be satisfied. 57. Upon execution of PG&E contract, submit contract to the City. Include PG&E schematic in the project plan set.” FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 58. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Plan check for grading plans (Based on an approved earthwork estimate). Page 60 of 89 RESOLUTION NO. PAGE 10 b. Permit Fee for grading plans (Based on an approved earthwork estimate). c. Inspection Fee of subdivision or public works construction plans (Based on an approved construction cost estimate). d. 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) 59. 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 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. BONDING SURETY 60. 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. Page 61 of 89 RESOLUTION NO. PAGE 11 61. 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 Public Improvement Plan and Grading Plan approval. The minimum term for Improvement securities shall be equal to the term of the Public Improvement Plan agreement. 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 public improvements. This bond is required prior to acceptance of the public improvements. Page 62 of 89 Exhibit BPage 63 of 89 Page 64 of 89 Page 65 of 89 Solaris Moire Black Page 66 of 89 ATTACHMENT 2 Page 67 of 89 ATTACHMENT 3Page 68 of 89 Page 69 of 89 Page 70 of 89 Solaris Moire Black Page 71 of 89 1 ACTION MINUTES MEETING OF THE ARCHITECTURAL REVIEW COMMITEE November 21, 2022, 2:30 p.m. Hybrid City Hall Conference Room/Virtual Zoom Meeting 300 East Branch Street, Arroyo Grande Committee Members Present: Jon Couch, Lori Mainini Hall, Warren Hoag, Bruce Berlin Committee Members Absent: Kristin Juette Staff Present: Planning Manager Andrew Perez, Associate Planner Patrick Holub, Assistant Planner Shayna Gropen 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 2:30 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 The Committee revised the agenda to allow Item 8.c to be heard before items 8.a and 8.b. 5.COMMUNITY COMMENTS AND SUGGESTIONS None. 6.WRITTEN COMMUNICATIONS Chair Hoag acknowledged that the Committee received images from Committee Member Hall for purposes of the discussion for Item 8.b. 7.CONSENT AGENDA 7.a Approval of Minutes ATTACHMENT 4 Page 72 of 89 2 (PEREZ) Approve the Minutes from the November 7, 2022 Architectural Review Committee Meeting with the correction to the time that Committee Member Couch joined the meeting and Committee Member Hall's availability noted in Section 10 of the Minutes. AYES (4): Jon Couch, Lori Mainini Hall, Warren Hoag, and Bruce Berlin ABSENT (1): Kristin Juette Passed (4 to 0) 8. PROJECTS 8.a Consideration of Administrative Sign Permit 22-020; New Wall Sign for a New Business; Location – 119 East Branch Street; Applicant – Alex Creswell, Neighbors General Store. (GROPEN) This item was heard after Item 8.c. Assistant Planner Gropen presented the staff report providing information about the project location, existing conditions, and project description, including colors and sign message. She also explained the applicable Village Design Guidelines and how the project complies. The Committee was supportive of the proposal and found the lettering style and colors in compliance with the Design Guidelines. Moved by Lori Mainini Hall Seconded by Bruce Berlin The Architectural Review Committee recommends that the Community Development Director approve the project as proposed. AYES (4): Jon Couch, Lori Mainini Hall, Warren Hoag, and Bruce Berlin ABSENT (1): Kristin Juette Passed (4 to 0) 8.b Consideration of Administrative Sign Permit 22-023; New Wall Sign and Paint Color for a New Business; Location – 116 East Branch Street; Applicant – Leonard Fiedorowicz, Hive Supply Co. (HOLUB) Associate Planner Holub presented the staff report including the location of the project, the adjacent uses, as well as the placement of the proposed sign, its message, and the colors of the sign and the building. He explained the Design Guidelines applicable to the project. He also noted that the building color being reviewed by the Committee had already been painted. Page 73 of 89 3 Traci Sunni, business owner, spoke in support of the project and explained the justification for painting the building prior to ARC review. She also answered questions about the paint color and expressed concern about the general upkeep of the Village. The Committee found the sign in compliance with the Design Guidelines with regards to location, colors, and size. The majority of the Committee was supportive of the building color, especially considering the light from the windows provides contrast to the dark paint color. The Architectural Review Committee recommends that the Community Development Director approve the project as submitted. AYES (3): Jon Couch, Warren Hoag, and Bruce Berlin NOES (1): Lori Mainini Hall ABSENT (1): Kristin Juette Passed (3 to 1) 8.c Consideration of Architectural Details for Conditional Use Permit 21-007; Construction of a New Five (5) Unit Apartment Building; Location – 141 South Elm Street; Applicant – Jeff Emrick, Visual Horizon, Inc. (HOLUB) This item was heard out of order. Associate Planner Holub presented the staff report and identified the project location, existing uses, and permit requirements. He explained the project details, development standards for the zone, and the proposed architectural details including colors and materials. He also described the proposed landscaping and the applicable Design Guidelines. He specifically asked that the Committee address the parking reduction requested by the applicant. He also answered questions about fenestration and notification requirements for the project hearings. Jeff Emrick, project applicant, spoke in support of the project and explained the that the units are intended to be affordable by design. He also answered questions about colors, landscape plan, trash facilities, and views into adjacent properties from the project site and of the project from the public right of way. The Committee was supportive of the project and especially appreciated infill of an underutilized site near existing services, and the potential affordability of the units. The Committee also appreciated the color palette, but suggested that the color of the awning should be changed to the charcoal color. The Committee was also supportive of the requested parking reduction due to the mixture of uses. Moved by Bruce Berlin Seconded by Jon Couch The Architectural Review Committee (ARC) recommends that the Planning Commission approve the project with the recommendation the use of a charcoal color for the awnings and support for the requested parking reduction. Page 74 of 89 4 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. 11. STAFF COMMUNICATIONS Planning Manager Perez announced that the Regular Meeting scheduled for December 5, 2022 will likely be cancelled due to a lack of agenda items. 12. ADJOURNMENT The Meeting adjourned at 4:38 pm. _________________________ Warren Hoag, Chair _________________________ Andrew Perez, Planning Manager Page 75 of 89 ATTACHMENT 5 Page 76 of 89 Page 77 of 89 Page 78 of 89 Page 79 of 89 Page 80 of 89 Page 81 of 89 Page 82 of 89 Page 83 of 89 Page 84 of 89 Page 85 of 89 Page 86 of 89 Page 87 of 89 Page 88 of 89 Page 89 of 89