Loading...
PC R 93-1452R�SOLU'I'ION NO. 93-1452 � �I� � �- 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". � 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� 20 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 ' � �6�elep He�e-c�sE�� He�-a+��r�-7� �e�s--s�e� �e� � .»: ;>;>�:>>:� `::'°:;` ; ;>;;>:.;:< »;:�:<,.;> ,:>::>;<»;:>:: <>:;:::;::;:::: ;; : ' >";::><;>:::>:::>>:,<. ;.:>:;;:<:::;:;. ; : <;.:: :;;; ("tEl�'[I ��?...P1prltt��2� {'�'Q� G011f�IXti��i #,2�� 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. � 4—�er�e�etrpe�t��-ig-�eqc�i�-e�-fer-Et►r}+-s��t+ett�res-en-si t�W�t�-�he-�e�r+el�Eiert-pe�t��� �ess�b�e-bt►�ld �� t�-s�i�e-�ev-iewec#- : : : : : : : . : . . : . : . . : : : . .. . . : . . : . . . . : : :;:.;:: ; • ;; �.;:.;:. ;�'�J�le�:>:�:� �::::1?1 �i°i:i�iii1 ;»Lt1 rii��2l:ssiv:i�:> ......:.:<.:<� :::::: :..::.... .: ...:: g: : :;:: ;<;;:;,::: 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