PC R 92-1381Z 1 � f:-�
RrSOLUTION NO. 92-1381
A RESOLUTION OF TIIE PLANNING COMMISSION Or
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE P�RMIT (P.U.D. P�ItMIT) CASE NO.
92-496, TO CREATE A TWO-UNIT PLANNED UNIT
DEVELOPMENT, APPLIED FOR BY PETE MUSCARELLA
AT 220 SHORT STREET; ADOPTION OF A NEGATIVE
D�CLARATION AND INSTRUCTION THAT THE
SECRETARY FILE A NOTICE OT DETERMINATION.
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WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit Case No. 92-496, tiled by Pete Muscarella, to create a two-unit planned
unit development, in the Condominium/Townhouse District; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WH�REAS, the Planning Commission has found that this project is consistent with the
General Plan and the Environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and has determined that a Negative Declaration
with mitigation measures can be adopted, and instructs the Secretary to file a Notice of
Determination; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed development is consistent with the goals, objectives, and programs of the
Arroyo Grande General Plan. Specifically the General Plan land use designation for this
site is M.F. wllich allows small lot subdivisions. This proposal also carries out Policy
2.7 and Implementation Action (A) of Policy 2.7 of the Land Use Element.
2. 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.
The site has direct access to Short Street which is a local street designed for this type of
development.
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 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 tl�e 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.
6. The improvements required, and the 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 more efficient use of the land and an excellence of design
greater than that which could be achieved through the application of conventional
development standards. The proposed development as conditioned, will provide an
efficient use of the land that is more harmonious with adjacent properties than other
possible uses of the site.
8. The proposed development complies with all applicable performance standards listed in
Development Code Section 9-06.050 E.
21 � 2;.
Resolution No. 92-1381
Conditional Use Permit Case No. 92-496
Pete Muscarella
September 1, 1992
Page Two
Department of Fish and Game 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.
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 develop,nent of this
project.
NOW, THEREFORE, BE IT RESOLVED 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 those conditions and mitigations listed below:
Gener�tl 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 shall also notily subsequent nroperty owners of the existence of the sumn�um�
and the need for maintenance of said pum� � �
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 s11a11 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 sh�ll be responsible for verif ic�tion in writing by the monitoring
department or agency that. the mitig�tion measures have been implemented.
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These improvements must occur prior to recordation of the parcel map. Bonding is not
permitted for these improvements.
Architectural Advisory Committee Conditions
14. The landscape plan shall be modified prior to issuance of building permits to include
planting trees on both lots.
15. �f�e�s§� e���; t-�e--�n.,� �l�n„_h�,n„d;�;oa �,,,• L�„�,, ,,,,..��°--��-�i.o
�a�tses- Deleted by Planning Commission.
16.
17.
18.
19.
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 rough sawn wood shall be used for exterior features.
Prior to issuance of building permits, the plans for both houses shall be modified to
include garage doors that complement the victorian design.
Roofing shall be era style composition shingles.
Resolution 1�To. 92-1381
Conditional Use Permit C�se No. 92-496
Pete Musc�rell�
September 1, 1992
P�ge Three
Mitigation 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.
Tune Frame: During grading, construction or development of the project.
Responsible Dep�rtment/Agency: Building Department
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 Frame: Prior to final occupancy
Responsible Department/Agency: Building Department
Planning Department Condit.ions
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.
21 �.:
Resolution No. 92-1381
Conditional Use Permit Case No. 92-496
Pete Muscarella
September 1, 1992
Page Tour
20. 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 rather than the trapezoidal windows shown on
the plans.
22. White window frames shall be used on both buildings instead of bronze frames.
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 Worlcs Dep�rtment 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 Works 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 confor,n 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 witil prior
review and approval of the Director of Public Works. All improvement water shall flow
to t11e 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.
Resolution No. 92-1381
Conditional Use Permit C�se No. 92-496
Pete Muscarella
SeptemUer 1, 1992
Page Five
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.
Fire Depai�tment Conditions
36. Residential fire sprinkler systems shall be installed in � the rear structures, prior to
final occupancy.
37.
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All fire sprinkler installation plans shall be approved by Fire Department, prior to final
framing inspection by Building Department.
Addresses for both structures shall be conspicuously posted on Short Street prior to final
occupancy.
Parks and Recre�tion Dep�rt.ment 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, ��il
project approvals shall become invalid since they were based on incorrect or false
information (see Major Projects Application Form, signature blocks).
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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 Department conditions of approval.
If all conditions are met, the bond will be returned upon issuance of a certiticate of
occupancy.
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21'�6
Resolution No. 92-1381
Conditional Use Permit Case No. 92-496
Pete Muscarella
September 1, 1992
Page Six
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.
47.
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49
50
51.
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.
European White Birch street trees (15 gallon) shall be planted in the front yard prior to
issuance of a certiticate of occupancy for the house on lot 2.
The gas service for the house on lot 2 shall be relocated to avoid trenching within the
dripline of the Avocado tree.
Utility service trenches for the house on lot 1 shall be located as far as possible from the
trunk of the Avocado tree.
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
ABSENI': Commissioner Carr
the foregoing Resolution was passed and adopted this lst day of September, 1992.
ATTEST:
Mona L. Prelesnik, Commission Clerk
I lC>�?�
Dre Brandy, Chairma