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R 3092 . RESOLUTION NO. 3092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARA TION WITH MITIGA TION MEASURES, INSTRUCTING THE CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT (P.U.D. PERMIT) CASE NO. 95-534 AS REVISED AND THE ASSOCIATED ARCHITECTURAL REVIEW, TO CREATE A FIVE-UNIT PLANNED UNIT DEVELOPMENT, I APPLIED FOR BY RICHARD DALE ARMSTRONG AT 260 SPRUCE STREET -" WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 95-534 and the Associated Architectural Review, filed by Richard Dale Armstrong, to create a five-unit planned unit development, in the Condominium/Townhouse District; and WHEREAS, the Planning Commission approved said application on July 5, 1995; and WHEREAS, on July 17, 1995, the Villa Calle Homeowners Association, representing owners of adjacent property, filed an appeal of the Planning Commission's approval of said applications; and, WHEREAS, The City Council of the City of Arroyo Grande held a duly noticed public hearing on August 8, 1995, to consider said appeal; and, WHEREAS, after due study, deliberation and public hearing, the City Council directed the applicant to revise the project design and return for review of said revised design; and, WHEREAS, the City Council held a duly noticed public hearing on the revised project design on September 12, 1995; and, WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: "..~--'- Conditional Use Permit (P.U.D. Permit) Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. 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. 3. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. Resolution No. 3092 Conditional Use Permit Case No. 95-534 (P.U.D.) Richard Dale Armstrong September 12, 1995 Page 2 5. The proposed development as revised and 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 revised design provides improved separation between existing and proposed units. 6. The improvements required, and the manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project - site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development as revised, 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 Development Code Section 9-06.050 E. Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. The revised design maintains privacy and open space for existing units. Department of Fish and Game Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Tentative Tract Map No. 2197 and Conditional Use Permit Case No. 95-534. 2. Based on the initial study, a negative declaration was prepared for review by the public an review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. Resolution No. 3092 Conditional Use Permit Case No. 95-534 (P.U.D.) Richard Dale Armstrong September 12, 1995 Page 3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Clerk to file a Notice of Determination and approves said conditional use permit as revised and architectural review, subject to those conditions and mitigations listed below: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements -- as are applicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 5, 1995 and marked "Exhibit B" except as modified by "Exhibit C" reviewed by the City Council on September 12, 1995, and except as specifically modified herein. 3. This permit shall automatically expire on September 12, 1997 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay 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 applicant of his/her obligations under this condition. 5. The applicant shall comply with all conditions of approval of Tentative Tract Map No. 2197. 6. Prior to issuance of a Certificate of Occupancy, the developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. 7. A negative declaration with mitigation measures has been adopted for this project. The following mitigation shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 8. Prior to issuance of building permits, the applicant shall submit for review and approval of the City Council, an individual water program that will neutralize projected water prior to issuance of building permits. Monitoring Department: Pubic Works Department Time Frame: Prior to issuance of building permits 9. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation Resolution No. 3092 Conditional Use Permit Case No. 95-534 (P.U.D.) Richal'd Dale Armstrong September 12, 1995 Page 4 with drought tolerant landscaping and so forth. Monitoring Department: Building Department Time Frame: During building plan check 10. Prior to final occupancy of any structure, all water conserving designs or fixtures shall be installed. Monitoring Department: Building Department --- Time Frame: Prior to final occupancy 11. All landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, and bark. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring Department: Parks and Recreation Department Time Frame: During building plan check 12. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. Monitoring Department: Parks and Recreation/Building Department Time Frame: Prior to and during construction 13. The applicant shall comply with Ordinance 461 C.S. to mitigate project traffic impacts. Monitoring Department: Building Department Time Frame: Prior to Final Inspection and/or issuance of a Certificate of Occupancy for each residence. 14. Fire Department Impact Fees of $750.00 per lot shall be paid prior to recordation. Based on review by the Director of Building and Fire, credit may be given (if applicable) for utilization of alternative means of protection. Monitoring Department: Fire Department Time Frame: Prior to grading or recordation, whichever comes first 15. In the event that during grading, construction or development of the project, any archaeological resources are uncovered, all work shall be halted until the city has reviewed the resources for their significance. If human burials are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvement plans shall be noted to reflect this mitigation. Monitoring Department: Building Department/Public Works Department Time Frame: Prior to issuance of permits for the note, during construction for the balance of the condition. 16. Construction shall be limited to between the hour of 7 a.m. and 10 p.m. on Monday through Friday and between 8 a.m. and 5 p.m. on Saturday and Sunday. Monitoring Department: Public Works/Building Departments Time Frame: During Construction 17. In accordance with the COl11munity Tree Ordinance (43IC.S.), as mitigation for Resolution No. 3092 Conditional Use Permit Case No. 95-534 (P.U.D.) Richard Dale Armstrong September 12, 1995 Page 5 removal of the 24" Oak tree, the developer shall provide one (1) 24 inch box Oak tree for the front of the property and two (2) 15 gallon trees to be planted on-site, off-site, or payment of fees for planting trees paid in lieu. Location of the trees to be determined by the developer and the Director of Parks and Recreation. Monitoring Department: Parks and Recreation Department Time Frame: Prior to issuance of a Certificate of Occupancy. Architectural Advisory Committee Conditions ".-' 18. Low level landscaping shall be used along the south property line where cars are backing out of driveways. Planning Department Conditions 19. Development shall conform with the MF zoning requirements unless otherwise approved. 20. All new utilities shall be underground. 21. All planted areas along the main project driveway shall be separated from the driveway by concrete curbs. Parking areas in front of garages do not need to be separated from landscaping by a concrete curb. 22. Garages must be provided with roll-up garage doors and automatic garage door openers. Public Works Department Conditions 23. Prior to or concurrent with recordation of the final map the developer shall dedicate one foot (1') along the property frontage for widening of Spruce Street and a ten foot (10') wide street tree and public utilities easement. 24. The developer shall install concrete curb, gutter and sidewalk to City Standards with necessary paving conformance. Paving section to be minimum of 6" Class II base and 2 1/2" Type B asphalt concrete. +-.- 25. Prior to recordation of the final map the developer shall submit a grading and drainage plan for review and approval of the Director of Public Works. All improvement water to drain to the street. Provide necessary drainage easements prior to or concurrent with recordation of the final map. 26. All civil engineering plans to be prepared, stamped and signed by a civil engineer registered in the State of California. . 27. The developer shall extend a sewer main to the project with a minimum of 8" PVC SDR pipe. Install sewer manhole with its connection of Spruce Street and at the end of the line. Provide an easement with a minimum width of 20 feet prior to or concurrent with recordation of the final map. 28. All units shall be served with City water. Water services shall start from a manifold under the sidewalk. Size of waterline between the manifold and the water main shall be determined by fire flow requirements. . Resolution No. 3092 Conditional Use Permit Case No. 95-534 (P.U.D.) Richard Dale Armstrong September 12, 1995 Page 6 29. Prior to recordation of the final map, the developer shall pay drainage fees per adopte9 resolution. 30. Prior to issuance of building permits the developer shall provide the City with a mylar copy of the recorded Tract Map. Parks and Recreation Department Conditions 31. Landscaping and irrigation plan to be designed by a licensed landscape architect utilizing low flow heads, drip irrigation, drought tolerant plants and mulches for water retention. 32. The developer shall include one, 15 gallon street tree for each lot in the landscape plan. 33. The developer shall pay current park development fee of $1,363 per unit prior to recordation of the final map. Building and Fire Department Conditions 34. All addresses shall be visible at the street and on individual residences prior to issuance of a Certificate of Occupancy. 35. The project shall comply with the most recent editions of the State Fire and Building Code. 36. Driveway shall be posted and enforced as a fire lane per Police and Fire Department guidelines. 37. Prior to issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, wells, pipes and so forth. 38. Dust control management shall be provided during all phases of construction. 39. All conditions of approval shall be shown on the construction plans. 40. A demolition permit shall be obtained prior to demolition of the existing house to obtain existing credits. 41. No grading or stock piling of dirt prior to Public Works and Building Departments approvals. Police Department Conditions 42. Provide pole mounted light fixtures to illuminate parking/driveway area on north side of the project. 43. Prior to issuance of a Certificate of Occupancy the applicant shall post entrance to project as follows: "No parking except tenants and guests per 22658 Vehicle Code and 4-12.01 Arroyo Grande Municipal Code." On motion of Council Member Brandy , seconded by Council Member T .;:!dy . Resolution No. 3092 Conditional Use Permit Case No. 95-534 (P.U.D.) Richard Dale Armstrong September 12, 1995 Page 7 _, and by the following roll call vote, to wit: Council Members Brandy, Lady, Fuller and Mayor Pro Tern Souza i l ; I ~ TO FORM: N, CITY ATIORNEY APPROVED AS TO CONTENT: ~tTL. ttL~ ROBERT L. HUNT, CITY MANAGER I, Nancy A. Davis, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3092 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 12th day of September 1995. -.".--- WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of September 1995. '11~a. ~~ NANCY DAVIS, CITY CLERK CITY OF ARROYO GRANDE