Loading...
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. � 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. 2� 1� 3_. � 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. .� 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). ,. 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. 2 :1 �� 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. .• 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