PC R 04-1926RESOLUTION NO. 04-'� 9�Cs
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL APPROVE TENTATIVE TRACT MAP CASE
NO. 04-001, LOCATED AT 579 CAMINO MERCADO,
APPLIED FOR BY CAMINO MERCADO PARTNERS, LP
WHEREAS, the City Council approved Conditional Use Permit Case No. 01-010 on
January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot
senior recreation center; and
WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 02-
002 on May 28, 2002 to convert the one-bedroom senior apartment units. to all two-
bedroom units; and
WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 03-
003 on August 26, 2003 to modify the plans approved for Conditional Use Permit Case
No. 01-010 by reducing the on-site parking by two (2) spaces, allowing construction
easements on City open space property, removing oak trees and constructing a
pedestrian path; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Tract Map 04-001, filed by Camino Mercado Partners, LP, to subdivide the
3.98-acre property into 60 residential condominium units and a 3,000 square foot senior
center; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has found that this project is consistent with the
City's General Plan, Development Code and the environmental documents associated
therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
Mitigated Negative Declarations prepared for Conditional Use Permit 01-010 and
Amended Conditional Use Permit 03-003 are adequate for the project development and
has determined that the condominium project is categorically exempt per CEQA
Guidelines Section 15305; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
RESOLUTION NO. 04-1926
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Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text and
the requirements of the Development Code.
3. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
4. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
5. The design of the subdivision or proposed improvements is not likely to cause
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.
7. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7(commencing with Section 13000) of the California Water Code.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends approval of Tentative Tract Map 04-001, with the
above findings and subject to the conditions of approval as set forth in Exhibit "A",
attached hereto and incorporated herein by reference.
On a motion by Chair Guthrie, seconded by Commissioner Keen, and by the following roll
call vote to wit:
AYES: Chair Guthrie, Commissioners Fowler and Keen
NOES: Commissioners Arnold and Brown
ABSENT: None
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RESOLUTION NO. 04-1926
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the foregoing Resolution was adopted this 1 day of June 2004.
ATTEST:
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LY REARDON-SMITH,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
COMMUNITY DEVELOPAIIENT DIRECTOR
RESOLUTION NO. 04-1926
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 04001
CAMINO MERCADO PARTNERS, LP
579 CAMINO MERCADO
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GENERAL GONDITIONS
This approval authorizes the subdivision of a 3.98-acre property into sixty (60) residential
condominium units and a 3,000 senior recreational center.
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 Conditional Use
Permit No. 01-010 (Exhibit 1), Amended Conditional Use Permit No. 02-002
(Exhibit 2) and Amended Conditional Use Permit No. 03-003 (Exhibit 3) unless
otherwise amended by the conditions of approval for Tentative Tract Map 04-001.
3. The applicant shall comply with all conditions of approval for Tentative Tract Map
04-001.
4. This tentative map approval shall automatically expire on ( See City Council
Resolution) unless the final map is recorded or an extension is granted pursuant to
Section 16.12.140 of the Development Code.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of (see City Council Resolution) and marked
Exhibits B1 - B10 except as modified by these conditions of approval.
6. The applicant shall, as a condition of approval of this tentative 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.
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7. Construction shall be limited to between the hours of 7am and 7pm Monday
through Saturday. No construction shall occur on Sunday.
RESOLUTION NO. 04-1926
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8. Development shall
requirements of the
otherwise approved.
conform to the Professional Commercial (P-C) zoning
Oak Parks Planned Development (PD 1.1) except as
9. All fences and/or walls shall not exceed six feet (6') in height unless previously
approved through Conditional Use Permit 01-010 or Amended Conditional Use
Permit 03-003. Any additional deviations from this height limit shall be processed
through either a Minor Exception or Variance application.
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The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
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12.
13.
Each dwelling unit shall be provided with two hundred (200) cubic feet of exterior
storage space in a secure manner.
All assigned parking shall be provided within one hundred (100) feet of the front
entrance of the dwelling unit, and shall be covered parking spaces.
14. All permanent mechanical equipment, such as motors, compressors, pumps and
compactors, that are determined by the building official to be a source of structural
vibration or structure-borne noise, shall be shock-mounted with inertia blocks or
bases and/or vibration isolators in a manner approved by the building official.
15. All common walls and floors shall have a maximum impact and sound
transmission class (STC) of fifty (50), or forty-five (45) if field-tested, as defined in
U.B.C. Standard No. 35.1.
16. All separated floor/ceiling assemblies between separate units shall provide impact
sound insulation equal to that required to meet tan Impact Insulation Class (IIC) of
fifty (50), or forty-five (45) if field tested, as defined in U.B.C. Standard No. 35.2.
17. The project shall meet or exceed the Uniform Fire Code requirements, and shall
be inspected and approved by the City Fire Chief, and additionally shall have a
complete one-hour fire separation between dwelling units (floors/ceilings, as well
as walls).
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Provisions for laundry facilities shall be provided within each dwelling unit.
Twenty-five percent (25%) of the condominium units (or 15 units) shall be reserved
for moderate- and low-income seniors through a 30-year deed restriction recorded
RESOLUTION NO. 04-1926
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on each unit, or equivalent restrictive covenant, as follows: Nine (9) of the units
shall be reserved for moderate-income seniors, and six (6) of the units shall be
reserved for low-income seniors. The sales price shall be based upon the
moderate- and low-income limits provided by the County of San Luis Obispo in its
monthly bulletin summarizing the County's "Affordable Housing Standards".
Annual reports shall be submitted to the City from an independent agency (such as
the San Luis Obispo Housing Authority) verifying compliance to this restriction.
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PRIOR TO ISSUANCE OF GRADING PERMIT
21. Unless otherwise modified by these conditions of approval, the applicant shall
submit a perimeter-fencing plan showing all perimeter fences and/or walls. The
perimeter-fencing plan shall be approved by the Community Development
Director. Perimeter fencing shall generally be 6 feet high. Any existing fencing
may be used subject to the approval of the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
22. The applicant shall submit Covenants, Conditions and Restrictions (CC&Rs) that
are administered by a subdivision homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&Rs shall be reviewed
and approved by the City Attorney and recorded with the final map.
23. The CC&Rs shall comply with California Civil Code Sections 51.2 and 51.3
regarding special considerations for senior citizen housing.
PLIBLIG WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
24. Fees - The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
25. Fees to be paid prior to plan approval:
a. Map check fee.
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on an approved construction cost
estimate.
d. Permit Fee for grading plans based on an approved earthwork estimate.
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
f. Plan check fee incurred by the City for the review by the Coastal San Luis
Resource Conservation District.
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RESOLUTION NO. 04-1926
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PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A)Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
RESOLUTION NO. 04-1926
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26. The applicant shall adhere to Conditions of Approval for CUP 01-010, ACUP 02-
002 and ACUP 03-003.
27. The approved plans for CUP 01-010 are incorporated by referenced and shall be
modified and resubmitted to incorporate the changes required by these conditions
of approval.
28. Perform construction activities requiring City inspection 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 hold the developer or
contractor responsible for any expenses incurred by the City due to work outside of
these hours.
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All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
31. Submit as-built plans prior to acceptance of the improvements by the City. One (1)
set of mylar prints and an electronic version on CD in AutoCAD format shall be
required.
32. The applicant shall have the improvements completely constructed and accepted
by the City within 18 months of recordation of the map. Time extensions may be
granted at the approval of the Director of Public Works.
33. Revise the improvement plans to show which trees will be removed and which
trees will remain.
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Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
Revise the improvement so each parcel shall have a separate water meter.
Revise the improvement plans to remove the 8" meter and replace with water
main.
RESOLUTION NO. 04-1926
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SFWFR
37. Each parcel shall be provided a separate sewer lateral.
38. All new sewer mains must be a minimum diameter of 8".
39. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
40. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to final recordation of the map.
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41. Perform all grading in conformance with the City Grading Ordinance.
42. Incorporate the comments from the Coastal San Luis Resource Conservation
District into the grading, drainage and erosion control plan. A copy of the comment
letter is attached.
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43. 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.
44. Abandonment of public streets and public easements shall be listed on the final
map of parcel map, in accordance with Section 66499.20 of the Subdivision Map
Act.
45. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond
the right of way, except that street tree easements shall exclude the area covered
by public utility easements.
46. 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.
47. The existing easements for water mains dedicated per Parcel Map AG 87-35 shall
be abandoned on the map.
48. A blanket Public Utility Easement (PUE), Public Water Easement, and Public
Sewer Easement shall be dedicated over the project site not occupied by
buildings.