PC R 03-1873�
RESOLUTION NO. 03-1873
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
TENTATIVE TRACT MAP 03-001 AND PLANNED UNIT
DEVELOPMENT 03-003 LOCATED AT 185 AND 187
BRISCO ROAD APPLIED FOR BY RICK WHEELER
WHEREAS, the applicant has filed Tentative Tract Map 03-001 to subdivide a 1-acre
parcel located at 185 and 187 Brisco Road; and
WHEREAS, the applicant has filed Planned Unit Development 03-003 in conjunction
with the above Tentative Tract Map; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Tract Map 03-001 and Planned Unit Development 03-003 at a public hearing on
June 3, 2003 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
General Plan and Development Code; 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 adopted a Mitigated
Negative Declaration for the project; and .
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
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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.
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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. 03-1873
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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.
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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;
RESOLUTION NO. 03-1873
PAGE 3
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;
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8. The proposed development complies with all applicable performance standards
listed in Section 16.32.050(E).
9. For a clustered residential�development the following additional findings of fact
shall be made by the planning commission:
The clustering of dwelling units is approved pursuant to a specific plan,
planned unit development, or similar mechanism;
The overall permitted density of the project area is not exceeded;
The resulting project will not require a greater level of public services and
facilities than would an equivalent nonclustered project;
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12. The result of clustering residential units is a more desirable and environmentally
sensitive development plan which creates usable open space areas for the
enjoyment of project residents and which preserves significant environmental
features; .
13. The project development pattern, including the net density of developed area
and proposed lot sizes which result from clustering are compatible with
surrounding areas.
NOW, THEREFORE, BE IT RESOLVED that the P lanning C ommission o f t he C ity o f
Arroyo Grande hereby approves Tentative Tract Map 03-001 and Planned Unit
Development 03-003, 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 Fowler, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Commissioners Arnold, Fowler and Brown
Commissioner Keen
Chair Guthrie
the foregoing Resolution was adopted this 3� day of June, 2003.
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RESOLUTION NO. 03-1873
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ATTEST:
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L N REARDON-SMITH,
COMMISSION CLERK
�TOR
VICE CHAI BROWN
RESOLUTION NO. 03-1873
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 03-001
PLANNED UNIT DEVELOPMENT 03-003
185 AND 187 BRISCO ROAD
This approval authorizes the subdivision of one residential parcel into finrelve parcels of
various sizes.
COMMLINITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all Federal, State, Count�and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Tentative Tract
Map 03-001 and Planned Unit Development 03-003.
3. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at their meeting of June 3, 2003 and marked
Exhibit "B".
4. This tentative map approval shall automatically expire on June 3, 2005
unless the final map is recorded or an extension is granted pursuant to
Section 16.12.140 of the Development Code.
5. Development shall conform to the Multi-Family Apartment (MFA) zoning
requirements except as otherwise approved.
6. 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.
SPECIAL CONDITIONS:
7. Twenty-five (25%) or three residences shall be reserved for moderate-income
ownership through a housing development agreement in a form approved by the
City 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 moderate-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:
RESOLUTION NO. 03-1873
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An in-lieu affordable housing fee of 6% based the cost of all new construction as
computed for building permit purposes paid at time of building permit issuance.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS:
8. The applicant shall revise plans to include additional architectural details on the
street-facing side of the front unit to the satisfaction of the Community
Development Director.
9. The guest parking spaces shall be assigned to each residential unit.
MITIGATION MEASURES:
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10. 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.
11. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
12. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or
maintain at least two feet of freeboard (minimum vertical distance befinreen top of
load and top of trailer) in accordance with CVC Section 23114.
13. 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.
14. 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.
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15. The following note shall be placed on the construction plans for the project:
"In the event that during grading, construction or development of the
project, and cultural resources are uncovered, all work shall be halted until
the City has reviewed the resources for their significance. If human
remains (burials) are encountered, the County Coroner shall be contacted
RESOLUTION NO. 03-1873
PAGE 7
immediately. The applicant may be required to provide archaeological
studies and/or mitigation measures."
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The project shall comply with the most recent Uniform Building Code (UBC)
guidelines.
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Utilities shall be designed with as much flexibility as practical to tolerate potential
differential movement without becoming disconnected or broken.
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18. In accordance with the City Drainage Master Plan, the project site is within Zone
A and shall require on-site retention of storm water runoff or other engineered
design acceptable to the Director of Public Works.
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19.
20.
All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
All construction activities shall be limited to the hours of 7:00 am to 6:00 pm
Monday through Saturday. No construction shall occur on Sunday.
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GENERAL CONDITIONS:
10. 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.
11.
12.
13.
14.
15.
Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
All fire lanes must be posted and enforced, per Police Department and Fire
Department Guidelines.
Project shall have a fire flow of 1,000 gallons per minute for a duration of 2
hours.
Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire
Department and Public Works Department standards.
Prior to occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines. �
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16. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable
conditions.
Prior to issuance of a building permit, a demolition permit must be applied for,
approved, and issued, if applicable.
Prior to issuance of a building permit, County Health Department approval is
required for well removal, if applicable.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT:
19. 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.
20.
21.
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.
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.
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.
23. 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.
24. 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.
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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.
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.
PLIBLIG WORK� DEPARTMENT C�NDITIONS
RESOLUTION NO. 03-1873
PAGE 9
GENERAL CONDITIONS:
29. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
30. All project improvements shall be designed and constructed in accordance with
City standards and specifications. . The following Improvement plans shall be
prepared by a registered Civil Engineer� and approved by the Public Works
Department: � �
a. Grading and drainage.
b. Erosion control.
c. Street paving, curb, gutter and sidewalk.
d. Public utilities.
e. Water and sewer.
f. Landscaping and irrigation.
31. Improvement plans shall include plan and profile of existing and proposed
streets and utilities.
32. The site plan shall include the following:
a. The location and size of all water, sewer, and storm drainage facilities
within the project site and abutting streets or alleys.
b. The location, quantity and size of all sewer laterals.
c. The location, quantity and size of all water laterals.
d. The location, size and orientation of all trash enclosures.
e. All lot lines and easements crossing the property.
f. The location and dimension of all paved areas.
g. The location of all public or private utilities.
33. Landscape and irrigation plans are required within the public right of way, and
shall be approved by the C ommunity D evelopment a nd P arks a nd R ecreation
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.
34. Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes.
35. Prior to acceptance of the improvements, the applicant shall provide one
reproducible mylar set and an electronic (e.g. Autocad) file of the approved
record drawings (as builts) signed and stamped by the engineer of record.
RESOLUTION NO. 03-1873
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36. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris t o s torm d rain o r s anitary s ewer f acilities s hall n ot b e p ermitted.
The cleaning shall be done after each day's work or as directed by the Director
of Public Works or the Community Development Director.
37.
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Prior to approval of an improvement plan, the applicant shall enter into an
agreement with the City for inspection of the required improvements.
The applicant shall be responsible for obtaining an encroachment permit for all
work within the public right of way.
39. A traffic control plan will be required for any partial or full street or shoulder
closure necessary during construction. The Traffic Control plan is subject to the
approval of the Director of Public Works.
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40. Brisco Road shall be designed and constructed to street standards established
by the City of Arroyo Grande Municipal Code, including the following:
a. 6 feet wide c oncrete s idewalks w ith c oncrete c urb a nd g utter a long t he
frontage of the project site and propertyl.
b. shall be overlayed with a minimum of 1'� " of asphalt from the lip of gutter
to the centerline of the street for the width of the project f rontage, a nd
restriped after overlay.
41. Private S treets & A ccess E asements shall be designed and constructed to
satisfy minimum street standards for fire access, including the following:
a.
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c.
" No parking/firelane" signs shall be posted per Police Department and
Fire Department guidelines on all private streets and private access
easements at 100 foot intervals on both sides of the private drives.
Install " Private Drive" signs per planning department requirements for
Jasmine Lane at the intersection with Courtland Street and its
intersection with Ash Street.
All private streets and access easements to support 40,000 pound
vehicles.
42. Prior to final acceptance, the applican
dedicated to the City. Materials and
Director of Public Works.
t shall place a fog seal on all roads
application shall be approved by the
43. Street structural sections shall be determined by an R-value soils test, and be a
minimum of 3" A.C. over 6" Class 2 Base.
RESOLUTION NO. 03-1873
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44. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8'/2x11
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.
45. 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.
46. 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.
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47. All grading shall be d one i n a ccordance w ith t he C ity M unicipal C ode S ection
13.24.
48. A preliminary soils report shall be 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.
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All drainage facilities shall be designed to accommodate a 100 storm flow.
In accordance with the City Drainage Master Plan, the project site is within Zone
A and shall require on-site retention of storm water runoff.
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51.
52.
53.
The applicant shall manifold the water service meters for all proposed lots in
accordance with City Standards within the right-of-way of Brisco Road.
The applicant shall verify water pressure service to all lots to the satisfaction of
the Director of Public Works.
No combustible materials to be brought onto site without Fire Department
approved fire �access and water supply.
RESOLUTION NO. 03-1873
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54.
55.
Fire hydrants are to be installed in accordance with the Fire Department
guidelines at locations to be approved by the City of Arroyo Grande Fire Chief.
Any existing private wells on site shall be abandoned. Obtain "Certificate of
Abandonment" from the County of San Luis Obispo prior to final approval.
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Each lot shall be provided a separate sewer lateral.
All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
All new sewer mains shall be a minimum of 8".
59. The applicant shall connect the new 8-inch sewer main in the private driveways
to the existing 8-inch sewer main in accordance with City Standards and as
approved by the Director of Public Works.
60. The applicant shall participate and pay fair share of mitigation fee for the City
sanitary sewer projects for the EI Camino Real Upgrade and the Walnut Street
Upgrade as identified in the City Wastewater System Master Plan.
61. The project will be referred to the South San Luis Obispo County Sanitation
District for their review; and shall be subject to their conditions for approval.
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All new public utilities shall be installed as underground facilities.
Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
64. All improvement plans shall be submitted to the public utility companies for
review and comment. Utility comments shall be forwarded to the Director of
Public Works for approval.
65. The Final Map shall be submitted to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
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66. The applicant shall pay all applicable City fees when they are due.
RESOLUTION NO. 03-1873
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67. 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.
68. The applicant shall provide bonds or other financial security for the following.
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
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
69. 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 minimum term
for Improvement securities shall be one year longer than the schedule for
completion of improvements described in the subdivision agreement.
70. 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.
71. A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the map. A current subdivision guarantee shall be
submitted to the Director of Public Works prior to recording the Map.
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