PC R 93-1452R�SOLU'I'ION NO. 93-1452
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A R�SOLUTION OF TIIC 1'LANNING COMIVIISSION OF
TI-IL CITY OF ARROYO GRAND� APPROVIIVG
COND1'I'IONAL USE P�ItMI1' (P,U.D. PrIUVIIT) CASI: NO.
93-513, TO CR�AT'E A FOUR-UNIT PLANN�D UN1T
DCV�LOYMCNT, APYLIED TOR I3Y M.I.C.O., INC. AT
1274 ASII STRCC'I'; ADOI'TION Or A N�GA'I'IV�
DECLARATION WIT�I MI'TIGA'TION MEASUIt�S AND
INSTRUCTION TIiAT TII� S�CRC'I'ARY FILL A NO'TICL
OF D�TERMINATION
WII�RCAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Pennit Case No. 93-513, filed by M.I.C.O., Inc., to create a four-unit planned
unit development, in the Condominium/Townhouse District; and
WH�REAS, the Plaiuiing Commission has held a public hearing on this applicalion in
accordance witl� tl�e City Code; and
WI�I�R�AS, the Planning Commission has found that this project is consistent wilh the
General Plan and the Cnvironmental documents associated therewilh; and
VVII�RCAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CCQA) and has determined that a Negative Declaration
with mitigation measures can be adopted, and inslructs the Secretary to file a Notice of
Determination; and
WII�RLAS, the Planning Commission fnds, after due study, deliberation and public
hearing, the following circ�imstances exist:
1.
2
The proposed development is consistent wilh the goals, objectives, a�id programs of the
Arroyo Grande General Plan.
The site for the proposed development has adequate access, meaning that the site design
and development plan conditions consider the limitations of existing streets and highways.
3. The site for lhe propose�l development is adequate in size and shape to accommodate said
use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping,
and other features required by the Development Code.
4. Adequate public services exist, or will be provided in accordance with the conditions of
the development plan approval, to serve the proposed development; and that the
approval of the proposed development will not result in a reduction of public services to
properties in lhe vicinity so as to be a detriment to public health, safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse effect on
surrounding property, or the permitted use thereof, and will be compatible with the
existing and planned land use character of the surrounding area.
Resolutiou No. 93-1452
Condition�l Use Permit C�se No. 93-513
M.I.C.O., Inc.
Dece�nber 21, 1993
P�ge Two
6. The improvements required, and the manner of development, adequately address all
natural and man-made hazards associated with lhe proposed development of the project
site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit Development
Provisions by providing a more efficient use of the land and an excellence of design
greater than that which could be achieved through the application of conventionai
development standards.
8. The proposed development complies with all applicable performance standards listed in
Developrnent Code Section 9-06.050 E.
Dep�rtrnent of rish a��d G��»e Required rindings of �xernptioii
1. The City of Arroyo Grande has prepared an inilial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use
Permit Case No. 93-513 and Tentative Parcel Map Case No. 93-512.
2. I3ased on the initial study, a negative declaration was drafted for review by the public
and review and approval by the Planning Commission.
3. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole the Planning Commission adopted the negative declaration and fo�md
that there is no substantial evidence of any significant adverse effect, either individually
or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game
Code or on lhe habitat upon which the wildlife depends as a result of development of this
project.
NOW, TIICRLFOR� I3C IT RrSOLV�D that the Planning Commission of the City
of Arroyo Grande hereby approves said conditional use permit, subject to the standard conditions
of the City and tl�ose conditions and mitigations listed below:
Gener�l Conditio»s
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 December 21, 1995 unless a building
perrnit 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.
3. Development shal( occur in substantial conFormance with the� plans presented to the
Planning Commission at tf�e meeting oE December 21, 1993 and marked Exhibit "I3".
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Resolution No. 93-1452
Condition�l Use Permit Case No. 93-513
M.I.C.O., Inc.
December Z1, 1993
P.�ge Three
4. The applicant shall agree to defend at his/her sole expense any action brougl�t against the
City, its agents, officers, or employees because of the issuance of said approval, 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 fee's wl�ich the City,
its agents, officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
5. A negative declaration with mitigation measures has been adopted for this project. The
following mitigations shall be implemented as conditions of approval and shall be
monitored by the appropriate City department or other responsible agency. Tlie
applicant sh�ll be responsible for verification in writing by the moniloring
department. or agency tl�at the initigation me�sures have been imple�nented.
6. The applicant shall comply with all conditions of approval of Parcel Map Case No. 93-
512.
Mitig�tion Measures
7. 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 hot water recirculating systems, drip irrigation
witl� drought tolerant landscaping and so forlh.
Mouitori►�g Dep�rt�neut: Bui(ding Department
Time Frame: During building plan check
8. Prior to finat occupancy of any structure, all water conserving designs or �xtiires shall
be installed.
1VIonitoring Dep�rtment: Builcling Department
Time Fr�me: Prior to final occupancy
9. All landscaping shall be consistent with water conservation practices including the use
of drip irrigation, mulcli, gravel, and bark. To ll�e greatest extent possible, lawn areas
and areas requiring spray irrigation shall be minimized.
Mouit.oring Departn�e��t: Parks and Recreation Department
Time Fr�me: During building pian check
10. The applicant shall comply with the provisions of Ordinance 413 C.S., the Community
Tree Ordinance, and shall comply with the recommendations of the project arborist,
attached herelo and incorporated herein by reference.
Mouitorii�g Dep�rtmenl: Parks and Recreation/Building Deparhnent
Tiu�e rran�e: Prior to and During Construclion
Resolution No. 93-1452
Condilion�l Use Pecmit Case No. 93-513
M.I.C.O., I��c.
December 21, 1993
P�ge Four
11. Prior to recordation of the parcel map, the developer shall enter into an agreement with
the City, in a form acceptable to tlie city attorney, whereby the developer agrees, on
bel�alf of himself and his successors in interest, to pay the City a fee of Two Thousand,
Six Hundred, Fifty Six Do(lars ($2656) per residential unit for three (31 units or other
sucl� fee as is currently adopted, for each residential unit prior to issuaE�ce of �i}d�ng
���t�s a Certificate of OccupancX or within five (5) years of recordation of the parcel
rnap, whichever comes first.
Monitoring Dep�i•t�nent.: Public Works
Time Fi•�me: Prior to Recordation of the Parcel Map/Fees to be paid prior to
issuance of building permits
12. Fire Department Impact Fees of $750.00 per lot shal( be paid prior to grading.
Monitoring Departmerrt: Fire Department
Time Frame: Prior to grading
13. In the event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work shall be halted until lhe city has
reviewed the resources for their significance. If human burials are encountered, the
Cotuity Coroner (781-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or iriitigation measures. All grading and
improvement plans shall be noted to reflect ll�is mitigation.
Monitoring Dep�rlment.: IIuilding Department/Public Works Department
Time Fr�me: Prior to issuance of permits for the nole, during construction for
the balance of the condition.
Architectur�l Advisory Commiltee Couditions
14. Prior to issuance of building permits, the applicant shall develop construction plans that
obscure view, subject to planning staff review and approval, through the garage windows
facing the street on the two front houses.
15. Where deemed necessary by the Director of Parks and Recreatioii tl�e applicant sl�all
provide paver blocks instead of solid paving materials where paving is required under the
dripline of trees.
16. Tl�e color of ll�e stticco for tlie I�ouse on lot 4 s}�all be the same as lot 2 or 3; subject to
planning staff review prior to issuance of building permits.
Planning Dep�rt.n�ent Conditions
17. Development shall conform wilh the MF zoning requirements unless otherwise approved.
18. Setbacks, lot coverage, and floor area ratios shall be as shown on lhe development plans,
Exhibit "B". _
Resolution No. 93-1452
Conditional Use Pern�it Case No. 93-513
M.I.C.O., Inc.
December 21, 1993
P�ge Five
S�
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The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations."
The developer shall comply with Development Code Chapter 9-15 "Improvements". All
above ground utilities shall be undergrounded.
21. All planted areas shall be separated from the driveway and parking areas by concrete
curbs. Exceutions may be provided su�ject lo review and approval of the Planning
Director.
22. All common facilities and landscaping shall be constructed prior to issuance of a
Certificate of Occupancy for any of the residences.
Public Works Departmeut Couditions
23. An improvement plan shall be prepared by a registered civil engineer to the satisfaction
of the Director of Public Works prior to lhe issuance of any permit/approvaL The plan
shall�include, but not be limited to, all required or necessary grading, drainage, t►tility,
and street improvements and shall include such cost estimates, investigations,
calculations, fees, and surety as required by tt�e Director.
24. Curb, gutter and sidewalk improvements shall be provided along the full frontage of the
project.
25. Drainage shall be retained on site to the extent determined to be reasonable by the
Director of Public Works. with concurrence of the Director of Parks and Recreation to
ensure protection of tl�e Oak trees ' �
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Parlcs and Recreation Dep�rtment. Conditioiis
27. Landscape anci irrigation shall be in su�stantial conformance with the. landscape and
irrigation plans included as part of Exl�ibit "B".
28. The developer shall pay �ark development fees of $1,252 per unil on 4 units.
Fii•e De��rhuent Conditioris
29. Fire Access: The driveway starting at the street and continuing to the first oak tree shall
be designated as a"Fire Lane" and signed per Police Department guidelines.
30.
31.
All addresses shall be visible from the street.
All hotises shall have Class A roofs.
Resolutiou No. 93-1452
Condition�l Use Fermit C�se No. 93-513
M.I.C.O., Inc.
December 21, 1993
P�ge Six
32. Approvecl fire hydrants must be provided every 300 feet with a minimum flow of 1000
GPM.
Building Dep�rtme��t Conditions
33. All pre-existing non-conforming items suc1� as wells, underground tanks, septic systems,
pipes, and etc. shall be properly abandoned pursuant to applicable agency standards,
prior to recordation of the final map or start of construction, whichever occurs first.
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On motion of Commissioner Soto, seconded by Commissioner Reilly, and by the
following roll call vote, to wit:
AYES: Commissioners Tappan, Soto, Reilly, Hatchett and Chairman Carr
NOES: None
ABSENT: Commissioners Deviny and Keen
the foregoing Resolution was adopled this 21 st day of December, 1993.
ATTFST:
Nancy Br n, Commission Clerk
i
Robert W. Carr, Chairman