PC R 92-1382217
RESOLUTION NO. 92-1382
A RESOLUTION OF TH� PLANNING COMMISSION OT
TH� CITY OF ARROYO GRANDE Al'PROVING
T�NTATIV� PARCEL MAP CAS� NO. 92-501, LOCATED
AT 220 SHORT STRE�T, APPLIED FOR BY PET�
MUSCARELLA; ADOPTING A 1V�GATIVE D�CLARATION;
AND INSTRUCTING THE SECRETARY TO FILE A
NOTICE OF D�T�RMINATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Parcel Map Case No. 92-501 in accordance with the Development Code of the City
of Arroyo Grande; and
WIIEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith, and has reviewed the draft
Negative Declaration with mitigation measures under the provisions of the California
Environmental Quality Act (CEQA); and
WIIEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed Tentative Parcel Map, design and improvements of this subdivision are
consistent with the goals, objectives, policies, plans, programs, intent, and requirements
of the General Plan map and text and the requireinents of the Development Code because
the General Plan designation is MF with a maximum density of 9.0 dwelling units per
acre, and the applicants are proposing a density of 7 units per acre, and the lot areas,
widths, and depths meet the intent of the PUD requirements of the Development Code.
2. This site as shown on the tentative parcel map, is physically suitable for the proposed
type and density of development because all necessary easements, parking; drainage
facilities, and setbacks can be provided.
3. The design of the Tentative Parcel Map or the proposed improvements are not likely to
cause substantial and considerable damage to the natural environment, including fish,
wildlife or their habitat
4. The proposed design of the subdivision or proposed improvements are not likely to cause
public health problems.
5. 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.
6. The discharge of waste from the proposed subdivision into an existing community sewer
system will not result in violation of existing requirements a prescribed in Division 7
(commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed Tentative Parcel map.
Dep�rtment of Fish and G�me Required Findings of Exemption
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use
Permit Case No. 92-496 and Tentative Parcel Map Case No. 92-501,
2. Based on the initial study, a negative declaration was drafted for review by the public
and review and approval by the Planning Commission.
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Resolution No. 92-1382
Tentative Parcel Map Case No. 92-501
Pete Musc�rella
September 1, 1992
P�ge Two
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 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 the habitat upon which the wildlife depends as a result of development of this
project.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the
secretary to file a Notice of Determination and approves Tentative Parcel Map Case No. 92-501,
subject to the above findings and standard conditions of the City and those conditions and
mitigations listed below:
General Conditions
1. These conditions of aPproval shall be attached to any real estate disclosure statement
accompanying the sale of either parcel in perpetuity. The real estate disclosure statement
for lot 1 sl�all also notifX subsequent pro�erty owners of the existence of the sump num�
and the need for maintenance of said pump.
2. The applicant shall ascertain and comply with all State, County and City requirements
as are applicable to this project.
3. This conditional use permit application shall automatically expire on September 1, 1994
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.
4. This tentative map approval shall automatically expire on September 1, 1994 unless the
parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the
Development Code.
5. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of September 1, 1992 and marked "Exhibit A" and
"Exhibit B".
6. The applicant shall agree to defend at his/her sole expense any action brought 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 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.
7. 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. The
applicant shall be responsible for verific�ttion in writing by the monitoring
dep�rtment or �gency that the mitigation measures have been implemented.
Mitigltion Measures
8. In the event that during grading, construction or development of the project, any
archaeological resources are uncovered, all work shall be halted until the city has
reviewed the resources for their significance. If human burials are encountered, the
County Coroner (549-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation measures. All grading and
improvement plans shall be noted to reflect this mitigation.
Time Frame: During grading, construction or development of the project.
Res�onsible Department/Agency: Building Department
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Resolution No. 92-1382
Tent�tive Parcel Map Case No. 92-501
Pete Muscarell�
September 1, 1992
Page Three
9. All new 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
with drought tolerant landscaping and etcetera. All water conserving designs and fixtures
shall be installed prior to final occupancy.
Time Trame: Prior to final occupancy
Responsible Department/Agency: Building Department
Planning Department Conditions
10. Development shall conform with the MF zoning requirements unless otherwise approved.
11. Setbacks, lot coverage, and floor area ratio shall be as shown on the development plans,
"Exhibit A", except that the front yard setback on lot 2 shall be reduced to twenty feet
(20') as measured from the front property line to the front of the garage. No future
additions or enlargement of dwellings shall be permitted.
12. The final parcel map shall provide a 12 foot wide access to Short Street for parcel 1 in
fee, rather than as an easement.
13. Prior to recordation of the parcel map the following shall occur:
a. The mobile classrooms shall be removed;
b. A six foot (6') high block wall shall be constructed along the west property line
to match the walls on the north and south property lines;
c. The driveway to lot one shall be constructed; and
d. Site grading shall occur and drainage improvements shall be installed.
These improvements must occur prior to recordation of the parcel map. Bonding is not
permitted for these improvements.
Ai•chitectui•al Advisory Committee Conditions
14. The landscape plan shall be modified prior to issuance of building permits to include
planting trees on both lots.
15. ,
#�eitses- Deleted by Planning Commission.
16.
17.
18.
19.
20.
Prior to issuance of building permits the plans for both houses shall be modified to
include more victorian style detailing of posts, railings, trim pieces, and etc.
No rot�gh sawn wood shall be used for exterior features.
Prior to issuance of building permits, the plans for both houses shali be modified to
include garage doors that complement the victorian design.
Roofing shall be era style composition shingles.
Both structures shall be constructed with chimney caps.
21. Prior to issuance of building permits, the plans for the house on lot 2 shall be revised to
provide victorian design dormer windows ratller than the trapezoidal windows shown on
the plans.
22. White window frames shall be used on both buildings instead of bronze frames.
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Resolution No. 92-1382
Tentative Pai•cel Map Case No. 92-501
Yete Muscarella
September 1, 1992
P�ge Four
23. The paint scheme shall include another accent color which will be a deep tone color to
match the color of the wood siding.
24. Prior to issuance of building permits, the applicant shall submit three (3) sets of
construction drawings to the Architectural Advisory Committee for review by the
Committee to ensure implementation of the Committee's conditions.
Building Department Conditions
25. Prior to issuance of building permits the applicant shall properly remove or abandon all
existing non-conforming items such as septic tanks, wells, pipes and so forth.
26. Prior to issuance of building permits, the applicant shall obtain necessary permits for:
a. Work in the public right of way;
b. Grading; and
c. Demolition of existing structures.
27. Prior to issuance of building permits, the applicant shall submit a soils report that
specifies house footing design.
28. All structures as regulated by the currently adopted issues of the Uniform Building Code
and related codes, are subject to all seismic conditions as they would apply to Earthquake
Zone 4.
29. All structures as regulated by the currently adopted issues of the Uniform Building Code
and related codes, are subject to energy regulations as described in Title 24 of the
California Administrative Code for climate zone 5.
Public Works Department Conditions
30. Any improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the Public Works 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 reports, and all
other pertinent engineering design calculations.
31. "Standard Specifications for Public Worlcs Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otherwise on the approved
improvement plans.
32. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70
of the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the Director of Public Works. All improvement water shall flow
to the street or be retained on site.
33. It is the contractor's responsibility to control dust and erosion throughout the construction
operation. This includes dust arising from the transport of grading materials to or from
the construction site. The developer or his agents or employees shall be responsible for
removal and clean-up of any spill on public streets during the construction operation.
34. Each parcel shall be served with individual water and sewer laterals.
35. The developer shall replace any damaged, cracked or lifted curb gutter and/or sidewalk
to the satisfaction of the Director of Public Works, prior to recordation of the parcel
map. The sidewalk shall be extended beyond the property line to allow conformance
with existing improvements. The parkway shall be retained.
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Resolution No. 92-1382
Tentative Parcel M�p Case No. 92-501
Pete Musca�•ella
September .1, 1992
Page Five
Fire Department Conditions
36. Residential fire sprinkler systems shall be installed in �a�# the rear structureg, prior to
final occupancy.
37. All fire sprinkler installation plans shall be approved by Fire Department, prior to final
framing inspection by Building Department.
38. Addresses for both structures shall be conspicuously posted on Short Street prior to final
occupancy.
Parks �►nd Recreation Dep�rtment. Conditions
39. The large, unique Avocado tree near the north property line shall remain and shall be
included as a landmark tree prior to recordation of the parcel map or prior to issuance
of any City permits, whichever occurs first.
40. The applicant shall comply with, and require all contractors or subcontractors to be
aware of and comply with the provisions of Ordinance 431 C.S., the Community Tree
Ordinance.
41. Pruning of the large avocado tree shall be done by a certified arborist, with prior review
and written approval of the Director of Parks and Recreation. In no case shall more than
30% of the canopy of the tree be removed.
42. One major tree limb of the Avocado tree, shown on Attachment A, attached hereto and
incorporated herein by reference, may be removed if necessary for construction of the
driveway. Under no circumstances will removal of any other major tree limbs be
allowed.
43. Conditions 41 and 42 are based on information presented by the applicant describing the
maximum possible pruning required to allow construction of the project. If this
information proves inaccurate and additional pruning is required to construct the project,
all work on the project shall halt and the applicant shall redesign the project to avoid
such pruning and shall submit amended conditional use permit and, if necessary, tentative
parcel map applications to the City. The City may, at its discretion, approve or deny
such amended applications, or may require additional revisions to the project. Revisions
to the project may include reducing structural square footage, reducing building height,
and/or eliminating portions of the structures or rooms within the structure. Revisions
shall not include a decrease in yard areas or setbacks. If the amendments are denied, all
project approvals shall become invalid since they were based on incorrect or false
information (see Major Projects Application Form, signature blocks).
44. Prior to issuance of any City permits, the applicant shall post a$5000.00 cash bond to
ensure compliance with the Parks and Recreation Depart►nent conditions of approval.
If all conditions are met, the bond will be returned upon issuance of a certificate of
occupancy.
45. Prior to issuance of any city permit, the applicant shall install a five foot (5') high
protective fence around the dripline of the large Avocado tree to ensure protection from
construction equipment and to prevent storage of materials under the tree. The Director
of Parks and Recreation may at his discretion, allow relocation of the fence. NO WORK
MAY OCCUR WITHIN THE FENCE AND THE FENCE MAY NOT BE
RELOCATED EXCEPT WITH PRIOR WRITTEN APPROVAL OF THE DIRECTOR
OF PARKS AND RECREATION.
46. All excavation within the drip line of the Avocado tree shall be performed by hand to
prevent injury to the tree roots. This includes trenching for utilities, footings, and
installation of the turf-block pavers.
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Resolution No. 92-1382
Tent.ative Parcel M�p Case No. 92-501 .
Pete Muscarella
September 1, 1992
P�ge Six
47. No shrubs may be planted around the base of the Avocado tree. Mulch shall be applied
instead, prior to occupancy of either of the houses. �
48.. European White Birch street trees (15 gallon) shall be planted in the front yard prior to
issuance of a certificate of occupancy for the house on lot 2. ' � �
49. The gas service for the house on lot 2 shall be relocated to avoid �trenching within the
dripline of the Avocado tree.
50. Utility service trenches for the house on lot 1 shall be located as far as possible from the
trunk of the Avocado tree.
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51. Concrete trucks and other heavy equipment shall not drive under the Avocado tree.
On motion of Commissioner Soto, seconded by Commissioner Tappan, and on the
following roll��call vote, to wit:
AYES: `` Commissioners Soto, Moore, Souza, Tappan and Chairman Brandy
NOES: None �
ABSENT: Commissioner Carr
the foregoing Resolution was passed and adopted this lst day of September, 1992.
ATTEST:
_.
Mona L. Prelesnik, Commission Clerk Drew Brandy, Chairma � '
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