PC R 11-2135 RESOLUTION NO. 11-2135
IA RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING PLANNED
UNIT DEVELOPMENT 11-003; LOCATED AT 263 SPRUCE
STREET; APPLIED FOR BY TOUCHSTONE PLAZA, LLC
� WHEREAS, the proponent has filed Planned Unit Development 11-003 to construct four
(4) single family homes on an existing four(4) lot subdivision at 263 Spruce Street; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on June 21, 2011; and
WHEREAS, the Planning Commission has reviewed the 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
. project is exempt per Section 15303 of the CEQA Guidelines; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Planned Unit Development Findings:
1. The proposed development is �onsistent with the goals, objectives and programs
of the General Plan and any a�Flicable specific plan.
The proposed construction of four (4) single-family homes on four (4) existing
lots in the Multi-Family(MF) zoning district is consisfent with the,goals, objectives
and programs of the General Plan as they relate to the Medium High Density
(MHD) land use category.
2. The site for the proposed development is adequate in size and shape to
accommodate the use and all yards, open spaces, setbacks, walls and fences,
. parking area, loading areas, landscaping, and other features required.
The site can accommodate the proposed four (4) single-family homes and all
required yards, setbacks, walls and fences, parking and loading areas and
landscaping. Although the site cannot accommodate minimum open space
requirements, the site is located in a zoning district intended to facilitate higher-
density developments such as the proposed development.
3. 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.
The site for the proposed development has direct access to Spruce Street, which
- is a public street; access to each lot will be via a private drive for which reciprocal
RESOLUTION NO. 11-2135
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access easements have already been recorded.
4. 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 prope�ties in the vicinity so as to be a detriment to
public health, safety or welfare.
The proposed development will not result in a reduction in public services such
as to cause a detriment to public health, safety or welfare to properties in the
vicinity.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be
compatible with the existing and planned land use character of the surrounding
area.
The proposed development is consisfent with existing higher-density
development of surrounding properties, which are also located in the Multi-
Family (MF) zoning district.
6. 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.
The development will comply with all applicable Califomia Building Code (CBC)
requirements relating to seismic and fire hazards. The site is not subject fo
flooding, and there are no slopes present on the site.
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.
The proposed development provides a more e�cient use of the land than thaf
which could be achieved through the strict application of Multi-Family (MF)
zoning district development standards.
8. The proposed development complies with all applicable performance standards
listed in Section 16.32.050(E).
The proposed development complies with the Cify's performance standards for
Planned Unit Developments.
RESOLUTION NO. 11-2135
JUNE 21, 2011
PAGE 3 of 9 �
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
� Arroyo Grande hereby approves Amended Conditional Use Permit 11-001 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 Keen, seconded by Commissioner Barneich, and by the
following roll call vote, to wit:
AYES: Commissioners Keen, Barneich and Ruth
NOES: None
ABSENT: Commissioners Martin and Sperow
the foregoing Resolution was adopted this 21 St day of June, 2011.
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RESOLUTION NO. 11-2135
JUNE 21, 2011
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ATTEST:
` ^ �: C�
DEBBIE WEICHINGER EL17�4 ETH RUTH �
SECRETARY TO THE COMMISSION CHAIR
AS TO CONTENT:
L
TERES MCCLI
COMMUNITY DE ELOPMENT DIRECTOR
RESOLUTION NO. 11-2135
JUNE 21, 2011 �
PAGE5of9
I EXHIBIT `A'
I
CONDITIONS OF APPROVAL
PLANNED UNIT DEVELOPMENT 11-003
263 SPRUCE STREET
This approval authorizes the construction of four (4) single-family homes on four (4)
existing lots at 263 Spruce Street.
SPECIAL CONDITIONS:
ARCHITECTURAL REVIEW COMMITTEE:
1. The common private driveway shall be paved a width of 18'; the remaining 2'
shall be landscaped consistent with the preliminary landscape plan.
2. The garage doors on Parcels 1 and 4 shall include glazed windows across the
upper portion of the doors.
3. The common private driveway shall include at least one (1) decorative band
� perpendicular to the driveway (stamped concrete, brick, etc).
4. The final landscape plans shall reflect the following changes:
� • Two (2) Liquidambar trees instead of Pear trees on south elevation behind
Parcels 1, 2, and 3; and
• Liriodendrons instead of Purple Leaf Plum trees across the project.
GENERAL CONDITIONS:
5. The developer shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
6. The developer shall comply with all conditions of approval for Planned Unit
Development 11-003.
7. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at its meeting of June 21, 2011, labeled Exhibit "B".
8. The developer shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in any way relating to the implementation thereof,
or in the alternative, to relinquish such approval. The developer shall reimburse
I � the City, its agents, o�cers, or employees, for any court costs and attomey's fee's
which the City, its agents, officers or employees may be required by a court to pay
. RESOLUTION NO. 11-2135 .
' JUNE 21, 2011
� PAGE 6 of 9
as a result of such action. The City may, at its sole discretion, participate at its �
own expense in the defense of any such action but such participation shall not
relieve the developer of his/her obligations under this condition.
9. The project shall comply with the most recent editions of all California Building
and Fire Codes, as adopted by the City of Arroyo Grande.
AIR QUALITY:
8. 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 would include wetting down such areas in the later morning and
after work is completed for the day and whenever wind exceeds 15 miles per hour.
9. Soil stockpiled for more than two days shall be covered, kept moist, or treated with �
soil binders to prevent dust generation.
10. Permanent dust control measures identified in the re-vegetation and landscape
plans should be implemented as soon as possible following completion of any soil
disturbing activities.
11. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with fast-germinating native grass seed
. and watered until vegetation is established.
12. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or :
� . should 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. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site.
14. Sweep streets 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.
CULTURAL RESOURCES:
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 immediately. The applicant _
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( may be required to provide archaeological studies and/or mitigation measures."
WATER:
16. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, water saving toilets, low flow
showerheads, instant water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed prior to final occupancy.
17. All landscaping shall be consistent with water conservation practices including the
use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest
extent possible, lawn areas and areas requiring spray irrigation shall be minimized.
18. The project shall comply with the City's required water conservation measures
including any applicable measures identified in any applicable City Water
Conservation Plans.
FEES:
19. Pay all required City fees at the time they are due (for your information, the
"Procedure for Protesting Fees, Dedications, Reservations or Exactions" is
provided below).
20. Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
21. Water neutralization fee, to be based on codes and rates in effect at the time of
building permit issuance.
22. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
23. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
24. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
25. Drainage fee, as required by the area drainage plan for the area being
developed. �
26. Building Permit fees, to be based on codes and rates in effect at the time of
I building permit issuance.
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27. 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.
28. Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
29. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
30. Street Tree fees, to be based on codes and rates in effect at the time of building
permit issuance.
31. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
32.� Fire Protection fee, to be based on codes and rates in effect at the time of building
� permit issuance.
33. Police Facilities fee, to be based on codes and rates in effect at the time of
� building permit issuance. --
34. Affordable Housing In-Lieu fee, to be calculated by the Community Development
Department.
35. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction cost
estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of public works construction plans based on an approved
construction cost estimate.
36. Impact fees to specific capital improvement projects as determined by the
Community Development Director.
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: -�
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(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.
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