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PC R 06-2010� , � _� WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the Draft Mitigated Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist: RESOLUTION NO. 06-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP 04-004 AND PLANNED UNIT DEVELOPMENT 04-004; LOCATED ON BARNETT STREET; APPLIED FOR BY LENNY GRANT WHERAS, the applicant has filed Tentative Tract Map 04-004 to subdivide 0.57 acres located on Barnett Street into twelve (12) lots; and WHEREAS, the applicant has filed Planned Unit Development 04-004 to construct ten (10) townhouses, one of which will be constructed as a live-work unit, in conjunction with Tentative Tract Map 04-004; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map 04-004 and Planned Unit Development 04-004 (`Exhibit B') at a public hearing on August 15, 2006 in accordance with the Municipal Code of the City of Arroyo Grande; and Tentative Tract Map Findings 1. The proposed tentative tract map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title. � 3. The proposed tentative tract map would allow the site to be developed at a density and with uses that are consistent with the City's General Plan Land Use Element. The site is physically suitable for the type of development proposed. The project site is surrounded by urban development and is adjacent to US Highway 101, and with the mifigation measures contained in the Mitigated Negative Declaration, the site is physically suitable for the type of development proposed. The site is physically suitable for the proposed density of development. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAG E 2 The project site is 0.57 acres in size and is allowed a maximum density of 11.4 dwelling units, whereas a total of ten (10) units are proposed. The project site has access to all necessary services and utilities. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the tract map will not cause any environmental damage nor will it injure either �sh or wildlife or their habitat, as there is no significant habitat value to the project site. Additionally, the design of the tract map allowed for the retention and/or relocation of several frees. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause any serious public health problems. 6. The design of the tentative tract 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 tract 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. The design of the tentative map will not conflict with any public easements; the property has access to Barnett Street (public road). 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7(commencing with Section 13000) of the California Water Code. The subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. The tentative tract map is located adjacent to all necessary public facilities and will not negatively affecf the adequacy of those facilities. Planned Unit Development Findings That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; The proposed development of a mulfi-family residential project is allowed in the Highway Mixed-Use (HMU) zoning district. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 3 2. That the site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required; The proposed development provides an adequate amount of open space based on the proposed density, which is less fhan the allowed maximum. The development has been designed so that all but one unit has a private courtyard entrance, and a significant amount of the site will be dedicated to common open space. Additionally, the proposed development exceeds required parking standards. 3. That 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; Barnett Street will serve the project site; the project will not generate a substantial number of either daily or peak-hour vehicle trips per General Plan policy. 4. That adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare; The proposed development is located adjacent to or in close proximity to all necessary public services; the proposed development will not cause a reduction in these services to other properties in the vicinity so as to be a detriment to public health, safety or welfare. 5. That 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; The proposed development is consistent with the use and density as described in the Land Use Element of the General Plan and is compatible with and complimentary� to surrounding uses, which include both commercial and multi- family developments. 6. That the improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards; There is minimal hazard risk on fhe project site, limited only to possible seismic events. There is no flood hazard associated with the project site, and with the mitigation measures contained in the Mitigated Negative Declaration, slope hazards will be minimized to a/ess than significant level. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 4 7. The proposed development carries out the intent of the planned provisions by providing a more efficient use of the land and design greater than that which could be achieved through 1 conventional development standards; unit development an excellence of �e application of The proposed development provides a more efficient use of the land than could be achieved through the strict application of the Highway Mixed-Use (HMU) zoning district by allowing the property to be subdivided in a manner consistent with and reflective of allowed density, while providing an adequate amount of open space and all necessary parking. � The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). As designed, the proposed development complies with the City's performance standards for planned unit developments. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Tract Map 06-001 and Planned Unit Development 05-010, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Tait, seconded by Commissioner Ray, and by the following roll call vote, to wit: AYES: Commissioners Tait, Ray, Brown, Parker and Chair Fellows NOES: None ABSENT: None the foregoing Resolution was adopted this 15 day of August, 2006. ATTEST: �'G�� � LY REARDON-SMITH, CHUCK FELLOWS, CHAIR SECRETARY TO THE COMMISSION ROB S�RONG, COMMUNITY DEVELOPME T DIRECTOR RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAG E 5 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 04-004 AND PLANNED UNIT DEVELOPMENT 04-004 BARNETT STREET This approval authorizes the subdivision of 0.57 acres into twelve (12) lots and construction of ten (10) townhouses, one of which will be constructed as a live-work unit. • ►i ►i ► � • ' ►i ► � _ : ►� ► ► C: •\� •\ The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Tentative Tract Map 04-004 and Planned Unit Development 04-004. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of August 15, 2006 and marked Exhibit "B". 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, 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. 5. Development shall conform to the Fair Oaks Mixed-Use (HMU) zoning requirements except as otherwise approved. ► •►_: .• ► 6. The applicant shall restrict the one (1) unit to the affordable housing standards established by the County of San Luis Obispo for the moderate-income category and pay an in-lieu fee equivalent to 0.35 units. If the affordable unit is restricted to the low-income category, there will be no additional in-lieu fee. This dedication shall be achieved through a housing development agreement in a form approved by the City and shall be entered into between the City and the RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAG E 6 ►� � • ► u : : 7. The project shall comply with all mitigation measures contained in the Mitigated Negative Declaration prepared for the project and adopted by the Planning Commission, incorporated herein by reference. � • : . � ' : ►� ► ' � •►� •► 8. The applicant shall pay the project's proportionate share for the following wastewater capital improvement projects: Woodland Drive sewer upgrade; Alder Street sewer upgrade; Farroll Avenue sewer upgrade 9. Prior to issuance of a grading permit, the applicant shall obtain Caltrans approval for the drainage plan. If the applicant is unable to obtain Caltrans approval, the drainage plan shall be revised, subject to review and approval by the Public Works Department. ► :� •►� •► 10. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 11. Perform construction activities during normal business hours (Monday through Friday, 7 AM to 5 PM) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work performed outside of these hours. applicant prior to final approval of the map. This agreement shall set forth the provision to require a designated residence be sold to a qualified moderate or low-income household as certified by the Housing Authority of San Luis Obispo or such other authority approved by the City Council and shall remain affordable for a period of not less than 30-years. f►�':• ►� ► ' :► 12. 13 All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Submit four (4) full-size paper copies and one (1) full-size Mylar copy of approved improvement plans for inspection purposes during construction. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 7 14. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of Mylar prints and an electronic version on CD in AutoCAD format shall be required. 15. 16 17 The following improvement plans shall be prepared by a registered civil engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Any other improvements as required by the Director of Public Works. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 18. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Facilities Departments. In addition, the Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. �: : 19 20 21 22 Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. The applicant shall manifold the water services in accordance with City Standard 711-AG. The meters shall be in a vault with touch-pad meters. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either of the following: RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAG E 8 a. Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low-flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR b. The applicant may pay an in-lieu fee of $2,200 for each new residential unit (or equivalent). 23. The applicant shall replace the portion of existing 8: waterline within the project site with a 12" C900 PVC line. 24. The applicant shall replace the existing 8" waterline with a 12" C900 PVC line across the project frontage. The applicant shall connect the 12" main to the existing 8: water main underneath Cornwall Avenue. The applicant shall reconnect the 12" main to the 8" main underneath Barnett Street at the southern project limits. The applicant shall also install a gate valve and blind flange for future extension of the main to East Grand Avenue. � : 25. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 26. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 27. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to issuance of building permit. 28. The applicant shall install a lift-station on-site. A homeowner's association shall maintain the lift station. 29. The lift station shall connect to the public sewer at the manhole in Barnett Street near the intersection with Cornwall Avenue. The method of connection shall be core drilling the existing manhole. 30. The applicant shall coat the manhole to prevent corrosion, per City standards. . . - 31. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 32. Underground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.05 of the Development Code to the next adjacent utility pole outside of the project frontage. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 9 33. Submit all improvement plans to he public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. All utility companies shall sign the improvement plans prior to final submittal. 34. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. : 35. 36. 37. 38. 39. 40. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. All street repairs shall be constructed to City standards. Street structural sections shall be determined by an R-Value soil test. Barnett Avenue has a sixty (60) foot right of way, with a forty-four (44) foot width from the face of curb to face of curb. Remove guardrail back to the end of the installed curb, gutter and sidewalk. Perform a 2: overlay on Barnett Street across the project frontage with a'/2" asphalt mix from the street centerline to the lip of gutter. :: : :►� � � � . 41. Install new concrete curb, gutter and sidewalk across the frontage of the project limits at the ultimate width of the road to the northeast corner of Barnett Street and Cornwall Avenue. 42. 43. 44. 45. Install new concrete curb and gutter from the northeast corner of Barnett Street and Cornwall Avenue to the northern project limits. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. Install a barricade at the end of sidewalk. ;_� ► 46 47 Perform all grading in conformance with the City Grading Ordinance. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed to City standards. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 10 .� . The applicant shall prepare an erosion control plan for review and approval prior to issuance of a grading permit. The applicant shall obtain a WDID No. from the Regional Water Quality Control Board prior to issuance of a grading permit. fi:_ ►:tT� 50. 51. 52. All drainage facilities shall be designed to accommodate a 100-year storm flow. All drainage facilities shall be in accordance with the Drainage Master Plan. Install a drop inlet with fossil filter at the end of the curb and gutter installation. 53. Install a new storm drain pipe from the drop inlet adjacent to 407 EI Camino Real to the drop inlet required at the end of curb, gutter and sidewalk, and extend into the Caltrans drainage ditch beyond the trees. � � : •► _►� : ►� ► Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: 54. All easements, abandonments, or similar documents to be recorded as a document shall be prepared by the applicant on 8'/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 55. Street tree planting and maintenance easements shall be dedicated a minimum of 10 feet adjacent to all street right of ways. 56. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 57 �.'•a ■ Water easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. Private easements shall be reserved on the map, or other separate document approved by the City, for the following: ■ Sewer easements where shown on the tentative map shall be a minimum of 10 feet wide. ■ Water easements where shown on the tentative map shall be a minimum of 10 feet wide. The easements The easements RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAG E 11 ' : ►� 59. Obtain an encroachment permit prior to performing any of the following: ■ Performing work in the City right of way, ■ Staging work in the City right of way, ■ Stockpiling material in the City right of way, ■ Storing equipment in the City right of way. 60. Obtain an encroachment permit from Caltrans prior to performing any work within the Caltrans right of way. 61. Obtain a grading permit prior to commencement of any grading operations on the site. FFF� 62. Pay all required City fees at the time they are due. 63. Fees to be paid prior to plan approval: ■ Map check fee, ■ Plan check fee for grading plans based on an approved earthwork estimate, ■ Plan check fee for improvement plans based on an approved construction cost estimate ■ Permit fee for grading plans based on an approved earthwork estimate, ■ Inspection fee of project or public works construction plans based on an approved construction cost estimate. : : ►� ���i•9 58. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 59. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. 60. Covenants, Conditions, and Restrictions, to be reviewed and approved by Director of Public Works and the City Attorney, to record concurrently with the final map for the maintenance of the following: ■ Private lift station, ■ Common driveway, ■ Common open space. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 12 ►� ' : • ►� ► : � : 63 All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all improvements. This bond is required prior to acceptance of the improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This bond may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. • . : �• ►� ► � •► 64. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. 65. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to checking the final submittal of the map. I�:�C�7:iri7lcT. ► _ : � ► ' : ►� 66. The final map shall be recorded with all pertinent conditions of approval satisfied. •: �: • ► • : � • • •�► 67. All utilities shall be operational. 68. All essential project improvements shall be constructed prior to occupancy. Non- essentail improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. 69. Prior to the final 10% of occupancies for the project are issued; all improvements shall be fully constructed and accepted by the City. � RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 13 � ► �►� : � �: ►, ► ► :: •►� •► 71. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 72. The project shall provide complete compliance with State and Federal disabled access requirements. 73. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. 74. The project shall have a fire flow based on the California Fire Code Appendix III- A. 75. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. Location to be on the north side of Nelson, mid-block at the direction of the Fire Chief. 76. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. 77. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards (NFPA 13 system). 78. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 79. Prior to issuance of a building permit, a demolition permit must be issued. Development fees resulting from demolition will be appropriately credited to the property. � � � ...�� . 80. Project must comply with Federal and local flood management policies. 81. Any review costs generated by outside consultants shall be paid by the applicant. , RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAG E 14 FFFS• 82. 83. 84. 85. 86. 87. 88. Water meter, service main, distribution and availability fee; to be based on codes and rates in effect at the time of building permit issuance. Water neutralization fee; to be based on codes and rates in effect at the time of building permit issuance. . Traffic impact fee; to be based on codes and rates in effect at the time of building permit issuance. Traffic signalization fee; to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up and facility permit fee; to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, to be based on codes and rates in effect at the time of building permit issuance. Building permit fees; to be based on codes and rates in effect at the time of building permit issuance. 89. Strong Motion Instrumentation Program (SMIP) fee; to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. .� 91 '� 93 94. 95 .� Park development fee; to be based on codes and rates in effect at the time of building permit issuance. Park improvements fee; to be based on codes and rates in effect at the time of building permit issuance. Street trees fee; to be based on codes and rates in effect at the time of building permit issuance. Community centers fee; to be based on codes and rates in effect at the time of building permit issuance. Fire protection fee; to be based on codes and rates in effect at the time of building permit issuance. Police facilities fee; to be based on codes and rates in effect at the time of building permit issuance. Affordable housing in-lieu fee, as conditioned for this project. RESOLUTION NO. 06-2010 TTM 04-004 & PUD 04-004 PAGE 15 ��:. : : � •► � � -�: ►� ► ► :: •►� •► 97. The applicant shall comply with standard tree protection measures during all phases of construction. ' •►► ► •►i►i •► ��� •►L •►� •\ 98. An acoustical engineer shall verify existing on-site decibel levels to ensure the adequacy of long-term mitigation measures contained in the Mitigated Negative Declaration adopted for the project. 99. Disclosure shall be given to all future buyers regarding the potential for noise generated from US Highway 101. 100. Disclosure shall be given to all future buyers regarding the potential loss of open space located in the public right of way should Barnett Street be widened/re- aligned at a future date. 101. The project shall incorporate the `alternative access' option as presented to the Planning Commission at its meeting of August 15, 2006. � V