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PC R 04-1943� � ocr RESOLUTION NO. 1943 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTAIVE TRACT MAP 04-003 AND PLANNED UNIT DEVELOPMENT 04-003; LOCATED AT THE CORNER OF LE POINT AND NEVADA STREETS; APPLIED FOR BY LE POINT INVESTMENTS, LLC WHERAS, the applicant has filed Tentative Tract Map 04-003 to subdivide a 1-acre parcel located at the corner of Le Point and Nevada Streets into nine (9) lots; and WHEREAS, the applicant has filed Planned Unit Development 04-003 to construct six (6) single-family zero-lot-line homes and two (2) mixed-use buildings; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map 04-003 and Planned Unit Development 04-003 at a public hearing on November 16, 2004 in accordance with the Municipal Code of the City of Arroyo Grande; and 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: 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. 2. 3. The site is physically suitable for the type of development proposed. The site is physically suitable for the proposed density of development. 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. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. RESOLUTION NO. 1943 T�M 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 2 of 17 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. 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. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Planned Unit Development Findings 1. That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; 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, Ioading areas, landscaping, and other features required; 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; 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; 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; RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 3 of 17 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; 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; 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Tract Map 04-003 and Planned Unit Development 04-003, as shown in Exhibit "B" 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 Arnold, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Arnold, Brown; Fowler, Keen, Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 16t day of November, 2004. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 4 of 17 ATTEST: KATHY ME DOZA, COMMISSION CLERK COMMUNITY DEVELO NT DIRECTOR AS TO CONTENT: RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 5 of 17 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 04-003 AND PLANNED UNIT DEVELOPMENT 04-003 CORNER OF LE POINT AND NEVADA STREETS This approval authorizes the subdivision of APN 007-191-049 into nine (9) lots and construction of six (6) single-family zero lot-line homes and two (2) mixed-use buildings. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 1. 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 04-003 and Planned Unit Development 04-003. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of November 16, 2004 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on November 16, 2006 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. Development shall conform to the Village Mixed-Use (VMU) zoning district standards except as otherwise approved. 7. The applicant shall restrict J�7.k1 1 GI 6�4i����I�VE�= 1 Gl l l' 1 ���1,�I�k�,� I�UG 1 G0�'�1 Ilr lGU lG �I IG �V YY i F��+t/1 I lG VuL, `���vJ7� � 11 Lr:4v -ur 1:r. ` s.c�f. �red far=sale,,,� t, siia{l be� res?�rict� - e ,,, � oderate�iricome �,ca�e , a�_ . 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. 1943 . TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 6 of 17 applicant prior to final approval of a subdivision map. This agreement shall set forth the provision to require a designated residence be �erlt4ed �iit� sold to a qualified m "� ° �� t � �^^^^,° 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. 8. The future mixed-use building expansion area shown on Lot 8 in Exhibit "B" shall be subject to approval of a planned unit development amendment. MITIGATION MEASURES: 9. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the later morning and after work is completed for the day and whenever winds exceed 15 miles per hour. 10. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 11. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 12. Wheel washers shall be installed where vehicles enter and exit unpaved roads onto streets, or all trucks and equipment shall be washed off before leaving the project site. 13. Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 14. Should any cultural resources be identified during construction activities, construction shall be halted and the applicant shall submit an archeological report, prepared by a certified archaeologist, which assesses the cultural resources and includes any appropriate mitigation measures. This report shall be approved by the City prior to resuming construction activities. 15. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 16. All construction activities shall be limited to the hours of 7:00 am to 5:00 pm Monday through Friday. No construction shall occur on Saturday or Sunday. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 7 of 17 17. Prior to issuance of building permits, the height of the fence between the project site and the parcel located immediately south of the project site shall be reduced to no more than three (3) feet above the grade of the adjacent driveway. � 18. The applicant shall revise the site plan to include a YIELD sign at the end of the existing fence located between the project site and the parcel located immediately south of the project site. 19. The applicant shall revise the site plan to include a STOP sign on the eastbound approach of the shared projecUveterinary clinic driveway to Nevada Street. ARCHITECTURAL REVIEW COMMITTEE: � 21. Prior to issuance of a building permit, the applicant shall submit a revised landscape plan, subject to Architectural Review Committee approval. Prior to issuance of a building permit, the applicant shall submit exterior stone samples, subject to Architectural Review Committee approval. PARKS, RECREATION AND FACILITIES DEPARTMENT GENERAL CONDITIONS: 22. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to approval by the Director of Parks, Recreation and Facilities. BUILDING AND FIRE DEPARTMENT GENERAL CONDITIONS: 23. 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. 24. 25. 26. 27. The project shall provide complete compliance with State and Federal disabled access requirements. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. The project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. Prior to bringing combustibles on-site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAG E 8 of 17 � ��'; Prior to occupancy, the applicant must provide an approved "security key vault" for all commercial units, per Building and Fire Department guidelines. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. 30. An opticom traffic signal per-emption device shall be installed that meets Building and Fire Department requirements at East Branch Street and East Grand Avenue (fair share portion). 31. 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. 32. 33. 34. 35. 36. 37. 38. The applicant shall pay any review costs generated by outside consultants. 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. Building permit fees; to be based on codes and rates in effect at the time of building permit issuance. 39. 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. .� 41. 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. 42. Street tree fees; to be based on codes and rates in effect at the time of building permit issuance. �I �'� i � RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAG E 9 of 17 43. 44. 45. 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. _ PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS: 46. 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. 47. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) 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 hotd the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS ,; 49. 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. 50. 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. 51. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: ■ Grading, drainage and erosion control. ■ Street paving, curb, gutter and sidewalk. ■ Public utilities. ■ Water and sewer. ■ Landscaping and irrigation. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAG E 10 of 17 • Any other improvements as required by the Director of Public Works. 52. The improvement plans shall include the following: ■ The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ■ The location, quantity and size of all existing and proposed sewer laterals. ■ The location, size and orientation of all trash enclosures. ■ All existing and proposed parcel lines and easements crossing the property. ■ The location and dimension of all existing and proposed paved areas. ■ The location of all existing and proposed public or private utilities. 53. Improvement plans shall include plan and profile of proposed utilities and retaining walls. " 54. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation 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. WATER 55. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 56. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 57. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 58. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 59. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: ■ 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 RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 11 of 17 60 61 proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, ■ The applicant may pay an in lieu fee of $2,200 for each new residential unit. Install approximate 250 lineal feet of 8" water main along Le Point to the intersection of Le Point and Nevada. Install an 8" water main on-site and terminate to a fire hydrant near the end of the private drive. SEWER 62. 63. Each parcel shall be provided a separate sewer lateral. All sewer laterals must connect to a City sewer main. 64. All new sewer mains must be a minimum diameter of 8". 65. 66. 67. 68. 69. 70. 71. 72. All new sewer mains must have a minimum slope of 0.5%. All sewer laterals within the public right of way must have a minimum slope of 2%. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. All grade and direction changes for sewer mains shall occur at manholes. Replace the brick manhole at the intersection of Le Point and Nevada to facilitate connection to the sewer main on-site. Extend an 8" sewer main into the project site with all associated manholes. PUBLIC UTILITIES 73. Underground all new public utilities in accordance with Section 16.68.050 of the RESOLUTION NO. 1943 ��M 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAG E 12 of 17 Development Code. 74. Underground improvements shall be installed prior to street paving. 75. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approvaL 76. Applicant shall have the utility companies sign the improvement plans prior to the Public Works Department approving the plans. 77. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. � 79 STREETS 80. Obtain approval from the Director of Public Works prior to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. :� : m Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. A copy of the under grounding improvement plans shall be submitted to the Public Works Department for review. 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, but shall not be less than 3" of asphalt and 6" of Class II AB. 84. Overtay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public Works. m Overlay Nevada Street from East Branch to Le Point Street with 1'/2" of asphalt. 86. The applicant shall make the modifications to the driveway as outlined in the RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAG E 13 of 17 traffic study performed by Higgin$ and Associates dated October 8, 2004. 87. The applicant shall install a"Stop" sign and associated striping on the west leg of Nevada Street. CURB, GUTTER, AND SIDEWALK :: : 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. GRADING 90. Perform all grading in conformance with the City Grading Ordinance. 91. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 92. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 93. 94. 95. 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. The project is in Drainage Zone "B" and will require all storm water to be directed to the creeks. 96. The applicant shall provide on-site storm water retardation facilities designed and constructed to Public Works and Community Development requirements, and the following: ■ The facilities shall be designed to reduce the peak flow rate from a post- development 100 year storm. v The 100-year basin outflow shall not exceed the pre-development flow. ■ The 100-year basin outflow shall be limited to a level that does not cause the capacity of existing downstream drainage facilities to be exceeded. ■ The basin design shall include freeboard equal to 20 percent of the basin depth, to a minimum of 12 inches. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 14 of 17 ■ The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. ■ A homeowner's association shall maintain the basin. The City shall approve the related language in the association CC&R's prior to recordation. DEDICATIONS AND EASEMENTS 97. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 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. 98. A Public Utility Easement (PUE) shall be dedicated over all private streets (to the back of the sidewalks). The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 99. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: ■ Sewer easements over the on-site sewer main. The easements shall be a minimum of 15 feet wide. ■ Water easements over the on-site water main. The easements shall be a minimum of 15 feet wide. PERMITS 100. 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. 101. Obtain a grading permit prior to commencement of any grading operations on site. FEES 102. Pay all required City fees at the time they are due. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAG E 15 of 17 103. Fees to be paid prior to plan approval: ■ Map check fee. ■ Plan check for grading plans based on an approved earthwork estimate. ■ Plan check for improvement plans based on an approved construction cost estimate. ■ Permit Fee for grading plans based on an approved earthwork estimate. ■ Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 104. 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. 105. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 106. Covenants, Conditions, and Restrictions ■ Maintenance of the storm water basin and all associated facilities. ■ Maintenance of the common driveway. ■ Maintenance of all other common facilities. IMPROVEMENT SECURITIES 107. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 108. Submit an engineer's estimate of quantities for improvements for review by the Director of Public Works. RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 16 of 17 109. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: ■ Faithful Performance: 100% of the approved estimated cost of all subdivision improvements. ■ Labor and Materials: 50% of the approved estimated cost of all subdivision improvements. ■ One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. ■ Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 1 10. 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. This shall be submitted prior to placing the map on the City Council Agenda for approval. 111 112 Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 113. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 114. All utilities shall be operational. 115. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. 116. All improvements shall be fully constructed and accepted by the City prior to the RESOLUTION NO. 1943 TTM 04-003 AND PUD 04-003 NOVEMBER 16, 2004 PAGE 17 of 17 issuance of the finai 10% of occupancies for the project. PRIOR TO APPROVING THE IMPROVEMENT PLANS 117. The applicant shall have recorded the appropriate easements for the construction of the storm water basin outlet. :::k;�.. .. ,_�, .:�` � ; 'r�+: . . .. •:�,°i� � . � . ._..