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PC R 94-1480R�SOLUTION NO. 94-1480 A IZLSOLUTIUN Ol? TII� PLANNING COMIVI�SSION OF TIIr CITY OF ARROYO GRANDF APYROVING COIVDITIONAL USE PERMIT CASE NO. 94-522 AND TII1: ASSOCIAT�D ARCI�IIT�CTURAL REVIEW, AT 31.9 AND 351 SOUTII �LM STREET, APPLI�D rOR BY P�OPLFS' S�LF-I-I�LP �IOUSING CORPORATION; ADOPTION OF A NEGATIV� D�CLARATION WITH MITIGATION M�ASURCS ANll INSTRUCTION TIIAT TI�IE SECR�TARY FIL� A NOTICE OI�' DrT�RMINATION WIi�REAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 94-522, filed by Peoples' Self-Help Housing Corporation, to construct 28 clustered low income senior rental units, in the MF/SR Zone; and WIICR�AS, the Planning Co►nmission has held a public hearing on this application in accordance with the City Code; and WII�R�AS, the Planning Commission has found that this project is consistent with the General Plan and lhe rnvironmental documents associated lherewith; and WIICREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has delermined that a Negative Declaration with Mitigation Measures can Ue adopted, and instructs the Secretary to file a Notice of Determination; at�d WIICR�AS, the Planning Commission fii�ds, after due study, deliberation and public I�earing, tlie following circumstances exist: Findings 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan as outlined in the Planning Commission staff report for this project. 2. The site for the proposed develop►ne��t has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 3. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and olher features required by the Development Code. 4. Adequale public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in tlie vicinity so as to be a detriment to public healtl�, safety, and welfare. 5. The proposed development, as conditioned, wi(1 not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use ct�aracter of the surrounding area. Resolutiou No. 94-1480 Conditional Use Pern�it Case No. 94-522 I'eoples' Self-IIelp I�Iousing Cocpor�tion 319 and 351 South �Im Street July 5, 1994 Page Two 6. The improvements required, and ti�e manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a rnore efficient use of the land and an excellence of design greater than that which could be acl�ieved through the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 9-06.050 E. 9. The overall permitted density of the project area is not exceeded. 10. The resulting project will not reqiiire a greater level of public services and facilities than would an equivalent non-clustered project. 11. The result of clustering residenlial units is a more desirable and environmentally sensitive. development plar� which creates usable open space areas for the enjoyment of project residents and which preserves significant environmental features. 12. Tlie project development pattern, including tl�e net density of developed area and proposed lot sizes wl�icl� result from clustering are co►npatible witl� surrounding areas. 13. Article 34 of tl�e California State Constitution is not applicable because private sponsors are developing Ihis low-rent housing with federal or private financing and public assistance in the development of this project does not go beyond carrying out routine governmental functions or regulating the project as provided by law. Dep�i�iment of Tish and Game Required rindings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of tl�e Guidelines of tl�e California Environmental Quality Act for� Reversion fo Acreage Case No. 94-519, Conditional Use Permit Case No. 94-522, and Variance Case No. 94- 185. 2. Based on the initial study, a negative declaration was prepared for review by the public an review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substanlial evidence of any significant adverse effect, either individually or on tl�e habitat upon wl�icl� llie wildlife depends as a result of development of this project. Resolut.io�i No. 94-1480 Condition�l Use Pei•�nit C�se No. 94-522 Peoples' Self-IIelp IIousing Corporal.ion 319 �nd 351 Sout1� Elm Street July 5, 1994 Page Tliree Architectur:�l Review Tindings: 1. The proposal is consistent with tt�e "General Architectural Review Guidelines" for the City of Arroyo Grancle. 2. The proposal is consistent witl� the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safeiy, comfort and general welfare of t}�e persor�s working in the neigliborhood of the proposed project. 4. Tl�e general appearance of the proposal is in keeping with the character of the neigl�borhood. 5. The �roposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. NOW, TIILRErORI:, i3r IT RrSOLVED that the Planning Commission of the City of Arroyo Grande hereby approves said conditional use permit and the associated architectural review, subject to the standard coilditions of the City and those conditions listed below: Gener�i Condilions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. This application shall automatically expire on July 5, 1996 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 tl�e original date of expiration. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 5, 1994 and marked "Exhibit A° and "Exhibit II". 1n case of a conflict, Exhibit B shall take precedence. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of tlie issuance of said approval, or in the allernative, to relinquish such approval. The applicant shall reimburse the City, its agents, oflicers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The Cily may, at its sole cliscretion, plrticipate at its own expense in the defense of any such action but such participation shal( not relieve applicant of his/her obligations under this condition. ,� Resolution No. 94-148U Condition�l Use Permit Case No. 94-522 Peoples' Self-Help I�Iousing Corporat.ioii 319 and 351 Sout.li �lm Street Ju1y 5, 1994 O P�ge Four 6. A negative declaration witli mitigation measures has been adopted for ti�is project. The fol(owing mitigations sliall be implemented as conditions of approval and sl�all be monitored by tl�e appropriate City department or other responsible agency. Tl�e Applicant sh�ll be responsible for verification in writing by the monitoring department or agency tliat tlie miligation measures have been implemented. Mitigation Me�sures 7. Prior to issuance of demolition permils for existing facilities, the applicant must demonstrate exemption from or compliance with the Asbestos Notification Requirements of Part 40 of the Code of Federal Regulations (Part 61, subpart M). AB 2791 requires that asbestos notification, or a declaration of project exemption, must be submitted to tl�e APCD before tl�e iss�iance of a demolilion permit. Question regarding these requirements should be directed to Tim Fuhs, APCD Enforcement Section, at (805) 781- 5912. Time Trame: Prior to issuance of a demolition pennit. Monit.oring Departrnent: Air pollution Control District 8. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or liot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. Water conserving designs and fixtures shall be installed prior to final occupancy. " Time Tr�n�e: Prior to flnal occupancy. Mouit.oring Deparlmenl: Building Department 9. All project landscaping sl�all be consistent with water conservation practices including tlie use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest extent possible, lawn areas and areas requiring spray irrigation sliall be minimized. Time Fr�n�e: Prior to Building Final Inspection. Moniloring Dep�rt�uent: Parks and Recreation Department. 10. All construction equipment shall be provided with well maintained, functional mufflers to limit noise emissions. Time Tr�me: During Construction. Monitori�ig Dep�rtme��t: IIuilding llepartment 11. All construction activities shall be limited to Monday through Saturday between the hours of 7 am and 8 pm. Time Frame: During Construction. Monit.oring Dep�rtment.: Building Departrnent J Resolution No. 94-1480 Condilion�l Use I'er�uit Case No. 94-522 Peoples' Self-IIelp Itousing Corpor�t ion 319 �nd 351 South rlm Street July 5, 1994 P�ge Five 12. In the event that during grading, construction or development of the project, any archaeological resources are �incovered, all work shall be halted until the city has reviewed the resources for th;.ir signircance. If human burials are encountered, lhe County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide arcl�aeological studies and/or mitigation measures. All grading and improvement plans shall be noted to reflect this mi.tigation. Tiuie Tr�rne: Prior to issuance of building permits for the note, during construction. Mouitoring Department: Building Department Arcl�itectural Advisory Comn�il.t:ee 13. Colors are conditionally approvecl, subject to Committee review and approval of a test patch on a non-visi�le portion of the building. Project specifcations and notes on the construction drawings shall indicate this condition. 14. The replacement Oak tree shall be moved to a more prominent location on the construction drawings. I5. Tl�e north property line of the project, adjacent to the single family residence at 315 South Llm Street, shall be screened from the front setback to the front of the garage of 315, in one of the following ways: a. A block wall, six feet (6') high shall be constructed along the referenced property line and vines planted to screen the wall; or b. A six foot (6') higl� wood fence sliall be constrt�cted along the referenced property line and large screening shrubs planted between the fence and the project driveway. Prior to issuance of building permits the plans shall be revised to make tlle above clianges. Pl�nning Depa►-iment Condit.ions 16. Development shall conform with the SR and MF zoning requirements except as approved by approval of Variance Case Na. 94-185. 17. Prior to issuance of building permits, the applicant shall enter into an agreement, or shall record a deed restriction, at the discretion and in a form approved by the city attorney, whereby the applicant agrees on behalf of itself and its successors in interest, to maintain the affordability of the units for 30 years vr a longer period of time if required by the CDBG program, or the construction or mortgage financing assistance program, or the mortgage insurance program or rental assistance program. Resolutio�i No. 94-1480 Condilion�l Use Permit. Case No. 94-522 Peoples' Self-IIelp Ilousiug Corporaliou 319 and 351 Soutli Elm Street Ju1y 5, 1994 Page Six 18. Prior to issuance of building permits, the Reversion to acreage map shall be recorded. 19. To the extent permitted by applicaUle law, tl�e occupancy of this project shall be restricted to senior citizens. 20. Signage sl�all be subject to tt�e requirements of Cl�apter 9-13 of the Development Code. 21. Prior to issuance of Uuilding permits, three (3) sets of revised plans shall be submitted to be reviewed and approved by ttie Planning Department, Parks and Recreation Department, and Police Department. The plans shall be revised to include the following: a. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architeclurally compatible with the main structure. It is especially important that gas and electric meters and electric transformers be completely screened from public view. b. All walls, including screening and retaining walls shall be compatible with the approved architecture. Fences within the required front yard setback shall comply with Development Code Section 9-10.070 A(1). c. An exterior lighting plan subject to the review and approval of the Planning and Police Departments which shall comply with Development Code Section 9-10.080 and Police Department requirements. d. A landscaping and automatic irrigation plan prepared by a licensed landscape arciiitect subject to review and approval by the Planning, Police, and Parks and Recreation Departments. Tl�e la�idscaping plan shall include the following: (1) Tree staking, soil preparation and planting detail; (2) Tl�e use of landscaping to screen ground-mounted utility and mechanical equipment; (3) Tfie required landscaping and improvements. Tliis includes: (a) Deep root planters or equal sl�all be included in areas wl�ere trees � are within 5' of aspl�alt or concrete surfaces and curbs; (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and Uark shall be incorporated into the landscaping plan; Resolution No. 94-:1480 Coi�dition�l Use Pc�•mit C�se No. 94-522 I'eoples' Self-IIelp �Iousing Corpor�t.ion 319 and 351 South Ehn Street July 5, 1994 Page Seven (c) All slopes 2:1 or greater shall have jute mesh or equivalent material; e. Parking lot improvements shall comply with Development Code section 9-12.070 except as modiCed by Variance Case No. 94-185. Police Dep�i•tment Conditions z��z. - P - f'-t9�6 - 199tlfti�2ee-0� �N��E�it 1 �eFlfiil�.4 , - -N�e-��J�lieanE-sh�-1l-�we�1�-w}�h--�l�e-�el�ee-Etn�re Be��tr�men E�to-�roviEle-resErieEec�-fleeess-be�ween-Ehe-�tiilc� ings-e�-El�e--�eEt�e€-�he-siEe: 23. If required by the Chief vf Folice and subject to his review and approval, the applicant shall provide an inlernal and/or external security system for the project subject to review and approval of the Chief of Police. Plans shall be approved prior to issuance of building permits and the system shall be operational prior to issuance of a Certificate oE Occupancy. Building llepartment Conditio�is 24. P.rior to isstiance of building permits the applicant shall properly remove or abandon all existing non-conCorming items such as septic tanks, wells, pipes and so forth. 25. Prior to issuance of l�uilding permits, the applicant shall obtain necessary permits for: a. b. c. d. Work in the public right of way; Retaining walls; Grading; and Demolition of existing structures. I'ublic Worlcs Dep�rt�ne��l Condiiions 26. All improvement plans shall be prepared by a.registered civil engineer, licensed in the State of California, and shall Ue approved by lhe Public Wvrks Director prior to issuance of any City Permits. Improvement plans shall include, but are not limited to, grading, street, drainage, sewer, water, and appurtenant improvements. As required, the plan submittal shall include construction cost estimates, plan check fees, soil reporls, and all olher pertinent engineering design calculations. 27. The applicant shall dedicate right of way for South Elm Street pursuant to the map recorcled in Book 1, Page 12 of Plan 1 ine Maps. Resolut.iun No. 94-1480 Conditional Use 1'ermit Case No. 94-522 Peoples' Self-Help IIousing Corpor�tion 319 and 351 Sout.l� �l,n Street Ju1y 5, 1994 P�ge Eight 28. The applicant shall install curb, gutter, and sidewalk on tf�e full frontage of tlle project, prior to issuance of a Certificate of Occupancy. A transition shall be required between this property and tl�e property to ll�e north. 29. The applicant shall provide conformance paving to the newly constructed curb and gutter prior to issuance of a CertiFicate of Occupancy. The line of conformance shall be determined in the field after construction of tl�e curb and gutter. 30. Tiie developer shall pay storm drainage fees where appropriate in accordance with City Ordinances. Tire Depart.meut Conditions 31. Fire Department access must comply wit}� California Fire Code, most recent edition. If driveway access is different than as stated by Exhibit "B", it shall return to the Planning Commission as a non-public hearing. 32. The complex shall be provided with an aulomatic fire sprinkler system designed to NFPA 13 Standards. 33. Fire Department impact fees of $3,000.00 shall be paid prior to grading. 34. Water supply for fire protection shall comply with California Fire Code, latest edition. 35. Roofs shall meet Class "A° requirements. 36. The project must comply wilh Arlicle 87 of the California Fire Code relative to access during construction. Parks �nd Recreation llepartment Conditions 37. Prior to issuance oF l3uilding permits, the applicant shall either pay Park Development fees of $1252.00 per unit or sl�all pay a reduced fee as agreed to by tl�e Parks and Recreation Director. 38. The applicant should consider planting dwarf cilrus, apples, nectarines, or avocados in the interior areas. 39. The applicant shall include a sitting area in front of the project to allow residents to wait for the taxi (Dial-A-Ride) service. 40. The applicants shall request lhe Traffic Committee to designate a site in front of the project for taxi (Dial-A-Ride) loading and unloading. Resolut.ion No. 94-1480 Conditional Use Permit C�se No. 94-522 Peoples' Self-Iielp IIousing Corporation 319 and 351 Soutl� Elm Street July 5, 1994 Page Nine 41. Trees to remain on the site and off site are to be protected witl� a five foot (5') high fence at least eigl�t feet (8') out from tlie trunk of the tree. 42. When installing retait�ing walls adjacent to tlie existing pine tree, footings to be l�and dug within tl�e dripline of trees, roots to be clean pruned and protected by a five foot (5') high protective fence. All conditions of the Community Tree Ordinance 431 C.S. shall be followed. On motion of Commissioner Keen, seconded by Commissioner Deviny, and on the following roll call vote, to wit: AYTS: Commissioners Tappan, Soto, Deviny, Keen and Chairman Carr NOTS: None A�3SENT: Commissioner Hatchett tlie foregoing Resolution was passed and aclopted tl�is Stli day of July, 1994. ATT�ST: ' 1�s�.• �� � ` �� Nancy Brow Commission Clerk Robert W. Carr, Chairman � J r� �J