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PC R 04-1914RESOLUTION NO. 04-1914 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP 03-005 AND PLANNED UNIT DEVELOPMENT 03-005 LOCATED AT THE CORNER OF THE PIKE AND ELM STREET, APPLIED FOR BY RICHARD SHARP WHEREAS, the applicant has filed Tentative Tract Map 03-005 and Planned Unit Development 03-005 to subdivide three (3) parcels totaling 1.27-acres in size, located at the corner of the Pike and Elm Street into forty (40) senior condominium units; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map 03-005 and Planned Unit Development 03-005 at a public hearing on February 3, 2004 in accordance with the Development 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 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, the following circumstances exist: Tentative Tract Map Findings: 1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan and the requirements of the Development Code. 2. The design of the Tentative Tract Map is not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements is not likely to cause public health problems. 4. The discharge of waste from the project 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. 5. Adequate public services and facilities exist or will be provided as a result of the proposed Tentative Tract Map to support project development. RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 2 of 14 6. The site is physically suitable for the type of development that exists in the General Commercial (GC) zoning district 7. 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. 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, loading 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; 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; �_ RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE3of14 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 03-005 and Planned Unit Development 03-005, 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 Brown, seconded by Commissioner Arnold, and by the following roll call vote, to wit: AYES: Brown, Arnold, Fowler, Keen and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 3� day of February, 2004. ATTEST: /r� ���C,/i��i L N REARDON-SMITH, COMMISSION CLERK AS TO CONTENT: ROB STRO'NG, � COMMUNITY DEVELOPIVIE T DIRECTOR JAME� 1;UTHRIE, CHAIR �-P� ,'��� �l�%� ��' �� RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 4 of 14 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 03-005 AND PLANNED UNIT DEVELOPMENT 03-005 THE CORNER OF THE PIKE AND ELM STREET • ► � ► � ► � • � ► i ► � �7�\:i�►��ly►��� GENERAL CONDITIONS: 1. Pa The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Tentative Tract Map 03-005 and Planned Unit Development 03-005. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of February 3, 2004 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on February 3, 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 General Commercial (GC) zoning requirements except as otherwise approved. CONDOMINIUM REQUIREMENTS: 7. Prior to issuance of a building permit, the applicant shall submit a draft copy of Covenants, Conditions & Restrictions (CC & Rs) for the project, in accordance with Section 16.20.130 of the Development Code, subject to approval of the City Attorney and Community Development Director. 8. Prior to the close of escrow of the first unit sold, the applicant shall submit and estimate and guarantee of maintenance costs for twelve (12) months. The applicant shall be responsible for all maintenance costs in excess of this estimate during the twelve (12) month period. � RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 5 of 14 INCLUSIONARY HOUSING REQUIREMENT: 9. The applicant shall dedicate ten percent (10%) of the total number of units, or four (4) residences for , moderate-income ownership; o�a . This shall be accomplished through a housing development agreement in a form approved by the City and shall be entered into between the City and the applicant prior to final approval of a subdivision map. This agreement shall set forth the provision to require a designated residence be sold to a qualified 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. DENSITY BONUS: 10. The applicant shall, as a condition of receiving a twenty-five percent (25%) density bonus, deed restrict each unit to residents of age sixty-two (62) and over and their spouses. ARCHITECTURAL REVIEW COMMITTEE: 11. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to approval by the Architectural Review Committee (ARC). BUS SHELTER: 12. Prior to issuance of a building permit, the applicant shall submit �lans for. a bus shelter, located � ����� �� � ' 'located on"�the Pike� subject to approval by the Architectural Review Committee (ARC). • • : � • ► � ► � � � ' ' : ►� ► GENERAL CONDITION: 13. Prior to issuance of a landscape plan, subject Director. � • � � ►� ► GENERAL CONDITIONS: 14. building permit, the applicant shall submit a final to approval by the Parks, Recreation and Facilities Prior to issuance of a building permit, the applicant shall submit a lighting plan for the parking garage, subject to Police Department approval. 15. Security gates shall be required for the entrance and exit of the parking garage. RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 6 of 14 - -- � -` - -' ` -i --=- -� -� ' -'-� �- -` � GENERAL CONDITIONS: 16. 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. 17. The project shall have a fire flow of 1,500 gallons per minute for a duration of four (4) hours. 18. Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards, including on-site hydrants per approval of the Fire Chief. 19. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. 20. 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. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT: 21. Water mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. 22. Water distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 23. Water service charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 24. Water supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 25. Traffic impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 461 C.S., Resolution 3021. • 26. Traffic signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 346 C.S., Resolution 1955. � 27. Sewer permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. I �I u RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 7 of 14 28. 29. 30. Drainage fee, as required by the area drainage plan for the area being developed. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of development' in accordance with State mandate. Building permit fee, to be based on codes and rates in effect at the time of development, in accordance with Title 8 of the Municipal Code. DISABLED ACCESS: 31. The project shall provide complete disabled access as required by the Uniform Building Code (UBC) between the public right of way, parking area, and residential units. � � •: � ��: ►i ► GENERAL CONDITIONS: 31. 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. 32. 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 requiring City inspection 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. ►� � : • ►� ► � � ► 33. 34. 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. 35. 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. 36. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 8 of 14 . . 37 i: Grading, drainage and erosion control, Street paving, curb, gutter and sidewalk, Public utilities, Water and sewer, Landscaping and irrigation, Any other improvements as required by the Director of Public Works The site plan 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. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 39. Landscape and irrigation plans are required for landscaping 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: C��7 41 Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. Each unit shall have separate remote read water meters housed in vaults. 42. 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. 43 Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 44. The applicant shall complete measures to neutralize the estimated increase in RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 9 of 14 45 46 47 48 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 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 52,200 for each new residential unit. The applicant shall extend an 8" water main from the intersection of The Pike and South Elm down South Elm across the property frontage. Since the main dead ends, the applicant shall install a fire hydrant at the end of the main. Each unit will need to have a pressure-regulating valve. Install a backflow preventer device on any irrigation meters. SEWER: 49. 50. 51. 52. 53. Each parcel shall be provided a separate sewer lateral. All new sewer mains must be a minimum diameter of 8". 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. 54. Provide written approval to the Public Works Department from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. 55. Provide written approval to the Public Works Department from the Oceano Community Service District for the development's impact to District facilities prior to final recordation of the map. 56. Install a manhole on South Elm and stub out a sewer main to the project site, RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE10of14 terminating in a manhole, to allow for individual sewer lateral connections from each unit. PUBLIC UTILITIES: 57. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. � : . .- . .� . . ..- .. .�. . . . . .. - .. - . : :: :-:. - :-.-.. � -..- 59. 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. 60. Submit the Final Map to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 61 . Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS: 62. 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. 63. 64. 65. 66. 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. Place a 2" overlay from the gutter to the centerline of South Elm across the property frontage. Grind the perimeter of the overlay area of South Elm 2" to facilitate matching the overlay to existing grade. CURB, GUTTER, AND SIDEWALK: 67. Install new concrete curb, gutter, and sidewalk across the property frontage of South Elm. I � RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 11 of 14 68. 69. 70. Install new concrete curb, gutter, and sidewalk across the property frontage of The Pike. Install a City benchmark at the Southwest corner of The Pike and South Elm. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING: 71 . Perform all grading in conformance with the City Grading Ordinance. 72. 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. 73. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE: 74. 75. 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. 76. The on-site storm water system shall tie into the existing City storm system underground. Placing storm water run off onto the street will not be permitted. 77. Replace the existing drop inlet in the property frontage with a new City standard drop inlet with fossil filter on South Elm Street and replace the 10" line running across South Elm Street to the drainage ditch. 78. Install a 48" HDPE storm line in the earth ditch along South Elm Street the length of the property frontage. This project is identified in the City Drainage Master Plan. 79. The applicant shall submit detailed drainage calculations verifying the South Elm Basin has sufficient capacity to handle the increased storm water runoff. DEDICATIONS AND EASEMENTS: RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 12 of 14 80. 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. 81. 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. 82. 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. 83. A blanket Public Utility Easement (PUE) shall be dedicated over the project site. PERMITS: ., 85. FEES: 86. 87. 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. Obtain a grading permit prior to commencement of any grading operations on site. Pay all required City fees at the time they are due. 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. '� � RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE13of14 • Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS: 88. 89. 90. 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. Subdivision Improvement Agreement: The sub divider 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. Covenants, Conditions, and Restrictions for the maintenance of the parking garage, the on-site storm drainage system, and any other common facilities. BONDS: 91. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The Improvement securities shall be such that they shall not expire until one-year after the City accepts the improvements. 92. � Submit an engineer' s estimate of quantities and associated costs for improvements for review by the Director of Public Works. Provide bonds or other 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 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. OTHER DOCUMENTATION: 94. Tax Certificate: The applicant shall furnish a certificate from the tax collector' s office indicating that there are no_ unpaid taxes or special RESOLUTION NO. 04-1914 FEBRUARY 3, 2004 PAGE 14 of 14 assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. 95. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 96. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. PRIOR TO ISSUING A BUILDING PERMIT: 97. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: � 98. All utilities shall be operational. 99. 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. I»�1►�I �II►�[e�di]Jil►�i1���L�L�[�Z�I►�Q��[�I��