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O 449 C.S. r .J", 228 ORDINANCE NO. 449 C.S. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING ORDINANCE NO. 355 C.S. "ROYAL OAKS ESTATES" BY ALLOWING A CHURCH ON LOT 184, AND APPROVING AND ADOPTING SPECIFIC DEVELOPMENT PLAN 91-05. WHEREAS, the City Council of Arroyo Grande held a public hearing to consider an amendment to Ordinance No. 355 C.S. and Specific Development Plan No. 91-05; and WHEREAS, the City Council did consider said proposed amendment to Section 2(5) of Ordinance 355 c.s. and Specific Oevelopment Plan No. 91-05 to allow a church on Lot 184 of Tract 1390; and . WHEREAS, the City Council has considered the ElR for the Halcyon Hills Subdivision with the previous I addenda and'the Addendum for the Arroyo Grande Presbyterian Church; and WHEREAS, based on the staff analysis, oral and written testimony, and the final AEIR, the City Council finds, after due study, deliberation, and public hearing, the following circumstances exist: ZONE CHANGE ...,/ 1- The proposed planned development rezone is consistent with the general plan designation because the General Plan Designation is PO Ordinance 355 C.S. and that ordinance allows institutional uses on the site. 2. The subject site is adequate in size and shape to accommodate the reasonable requirements of the proposed zone because the lot is 7.1 acres in size and the minimum lot size is 10,000 square feet. The site is capable of providing adequate setbacks, parking, lot coverage, and all other requirements of the zone. 3. The proposed zone change is reasonable or beneficial at this time to serve the neighborhood and community because it allows the church to more effectively serve its membership. 4. The proposed zone change would not adversely affect the surrounding property because mitigation measures have been induded in the conditi(IDs of approval for the project which mitigate any potential adverse impacts. 5. The project will not have an environmental impact because mitigation measures have been induded in the conditions of approval for the project which mitigate any potential adverse impacts on aesthetics, traffic, and water consumption. SPECIFIC DEVELOPMENT PLAN 1- The proposed use is consistent with the general plan designation because the General Plan Designation is PD Ordinance 355 C.S. and that ordinance allows institutional uses on the site. 2. The site is adequate in size and shape for the proposed use because all setbacks, parking, lot coverage, and required landscaping can be incorporated into the project design. 3. The site for the proposed use has adequate access because it fronts on Rodeo Drive and has proposed a private drive to access the site from that street. A traffic study was prepared for the project and the traffic engineer noted sight distance problems from the westerly driveway. The applicant has worked with the Fire Department and Public Works Department to maximize sight distances and safety at the west driveway. 4. The proposed use will not have an adverse effect on the adjacent property because mitigation measurers and conditions have been included in the conditions of approval from the project which mitigate any potential adverse impacts. 5. The design and layout of the proposed use is suitable because all setbacks, lot coverage, parking, and required landscaping can be incorporated into the project design. , -- 6. The pf(~ect will not have an environmental impact because mitigation measure have been induded in the conditions of approval for the project which mitigate any potential adverse impacts on aesthetics, traffic, landscaping, and water consumption. . NOW, THEREFORE, the City Council of the City of Arroyo Grande does ordain as follows: Section 1: The above statements constitute the findings of fact of the City Council on this matter. Section 2: The Exhibit "Au map of Ordinance 355 C.S. is amended by deleting the reference of Lot 184 from Note 5 and adding Note 6 which shall read, "Lot 184 zoned for an institutional use." Section 2(3) of Ordinance 355 C.S. is amended by changing "maximum allowed density of 235 - " ORDINANCE NO. 449 c.s. 229 dwelling units" to read "maximum allowed density of 234 dwelling units." The table of "Approved Residential Density" is amended by changing the lots listed in the Estate Home category from "B, 182 & 184" to "B & 182," by changing the dwelling units from "3" to "2," and by adding a new category "Institutional Use" for Lot 184 with zero dwelling units. Section 2(5) of Ordinance 355 e.S. is amended by changing "Lot 184 may be used' for a public/quasi~ public facility" to "Lot 184 shall be used for a public/quasi public facility." Section 2(5)(F) of Ordinance 355 e.S. is amended by removing the reference to Lot 184. Section 3: That Ordinance 355 e.S. and the Zoning Ordinance are amended to establish the development standards for this property as set forth in Attachment A, conditions of approval, and Attachment B, mitigation measures, of this Ordinance. In the case of development standard that are not listed in Attachment A or B, those development standards incorporated in Ordinance 355 e.S, shall apply, Section 4: That Specific Development Plan 91-05 is conditionally approved and adopted subject to the conditions of approval set forth in Attachment A and the Mitigation Measurers set forth in Attachment B. Section 5: This Ordinance Amendment shall be in full force and effect thirty (30) days after its passage; and ..yithin fifteen (15) days after its passage it shall be published once, together with the names of I Council Members voting thereon, in a newspaper published and circulated in said City. On motion of Council Member Smith . seconded by Council Member Gallaqher . and on .' the following roll call vote, to wit: AYES: Council Members Smith, Gallagher and Mayor Pro Tern Moots NOES: None ABSENT: Council Member Dougall and Mayor Millis The foregoing Ordinance was adopted the 28th day of July, 1992. ~ YJ1~ Gene Moots, Mayor Pro Tern A TrEST: Nan~ a. Q,~ City Clerk APPROVED AS ro FORM: Chris 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 pe~ury that the foregoing Ordinance No.449C.S.is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council on the 28th day of luly, 1992. .~ WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 4t'1 d3y of i'u;JtEt, 1992. ~tl.~ . Nancy A. Davi City Clerk ---" --_...,-_.--- ~----- - ~- ... -...- .-".",..... '--"-"_.~"-- <' 230 ORDINANCE NO. 449 C.S. Attachment A CONDITIONS OF APPROVAL PLANNED DEVELOPMENT REZONE and SPECIFIC PLAN for LOT 184 OF TRACT 1390 General Conditions I. The applicant shall ascertain and comply with all state, county, and city requirements as are applicable to this project. 2. This approval shall automatically expire on July 28, 1996 unless a building penn;t for Phase I is issued. Approvals for Phases 11 and III shall expire on July 28, 1999, and on July 28, 2003, respectively, unless I building permits for the respective phases are issued. Thirty (30) days prior to the expiration of the approval for any or all phases, the applicant may apply for an extension of one (1) year from the original date of . expiration. 3. 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 this 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 fees which the City, its agents, officers or employees may be required by a court to pay as a result of this action. The City may, at is sole discretion, participate at Its own expense in the defense of any such action but such participation shall not relieve the applicant of his/her obligations under this condition. 4. Development shall occur in substantial conformance with the plans and exhibits approved by the City Council at is meeting of July 28, 1992, and marked as "Exhibit A". 5. An addendum to the Halcyon Hills Environmental Impact Report has been prepared for this project. All mitigation measures are listed as Attachment B attached hereto and incorporated herein by this reference. Said mitigations shall be implemented as conditions of approval and shall be monitored by appropriate City departments and other responsible agencies as indicated in Attachment B. The applicant shall be rrsponsillle for veriftCJItion in writing by the monitoring department or agency that the mitigation measures have been im/,1emented. Planning Department Conditions 6. The development of the property shall be in accordance with the applicable requirements of Ordinance 355 C.S. and all other City ordinances and policies. 7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. R. Prior to issuance of building permits, nine (9) sets of the complete and revised construction drawings shall be submitted to be reviewed and approved by the Planning Department, Parks and Recreation Department, Police bepartment, Public Works Department, Fire and Building Department, and Architectural Advisory Committee as noted. The plans shall be revised to include the following: a. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure, or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters and electric transformers be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etc. shall be screened such that the "" objectionable material is directed away from residential properties. b. The following Air Pollution Contrul District construction mitigation measures shall be listed on the construction and grading permits: (I) Water the site and the equipment in the morning and afternoon; (2) Spread soil binders on the site, unpaved roads and parking areas; , (3) Properly tune and maintain all equipment; (4) Wash trucks leaving the site; (5) Use low-sulphur fuel for equipment; and (6) Configure construction parking to minimize conflicts with street traffic. c. All walls, including screening and retaining walls, shall be compatible with the approved architecture, subject to the review and approval of the Architectural Advisory Committee. '.' - . ORDINANCE NO. 449 C.S. d. An exterior lighting plan shall include the following and shall be subject to the review and approva~ 3 1 of the Planning and Police Departments: (1) Cut-of( luminaries shall be installed which will provide true 90 degree cut-off and prevent projection of light above the horizontal from the lowest point of the lamp or light emitting refractor or device. (2) All fixtures shall use a flat, clear lens and an energy-efficient light source. (3) All project lighting shall be confined to the project site. e. A landscaping and irrigation plan prepared by a licensed landscape architect shall be subject to review and approval by the Planning, Police, Fire, and Parks and Recreation Departments. The plan shall include the following: (1) Tree staking, soil preparation, and planting detail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: (a) Deep root planters shall be included in areas where trees are within 5 feet of asphalt or concrete surfaces and curbs; ,. (b) Water conservation practices including the use of drip irrigation, mulch, gravel, drought tolerant plants and bark shall be incorporated into the landscaping plan; (c) All slopes 2:1 or greater shall have jute mesh or equivalent material. I Building Department Conditions 9. Prior to issuance of building permits, the applicant shall obtain necessary permits ror work in the public right of way, retaining walls, and grading. 10. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, -. are subject to all seismic conditions as they would apply to earthquake ,zone 4. , 11. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to energy regulations as described in Title 24 of the California Administrative Code for climate zone 5. Public Works Department Conditions 12. Prior to final occupancy, the applicant shall replace the curb returns at the intersection of the private access road and Rodeo Drive with a driveway approach. 13. All improvement plans shall be prepared by a registered civil engineer, licensed in the State of California, and shall be approved by the Public Works Director prior to issuance of any City Permits. Improvement plans shall include, but are not limited to, grading, drainage, sewer, water, street, and appurtenant improvements. As required, the plan submittal shall include construction cost estimates, plan check fees, soils reports, and all pertinent engineering design calculations. , 14. "Standard Specifications for Public Works Construction", latest edition, and the latest edition of the "Standard Plan for Public Works Construction", as amended by the City, shall be the project specifications, except as noted otherwise on the approved improvement plans. 15. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform Building Code, and/ or as recommended by the soils report with prior review and approval of the Director of public Works. -- 16. It is the contractor's responsibility to control dust and erosion throughout the construction operation. This includes dust arising from the transport of grading materials to or from the construction site. The developer or the developer's agents or employees shall be responsible for removal and clean-up of any spill on public streets during the construction operation. . 17. A registered civil engineer, licensed in the State of California, shall assure that the construction work conforms to the approved improvement plans and specifications, as well as providing certified as-built plans after project completion but prior to final occupancy. . Fire Department Conditions 18. Prior to issuance of building permits. the applicant shall design and Install (subject to the review and approval of the Fire Chief and the Director of Public Works), a looped eight (8) Inch water line. 19. All curbs throughout the property shall be painted red. Curbs shall be painted prior to final occupancy. ~--- --- ------- '232 " ORDINANCE NO. 449 C.S. 20. Approved fire lane signs in accordance with California Vehicle Code and approved by the Police Department shall be posted at all red curb locations prior to final occupancy. 21. Automatic fire sprinkler and alarm systems shall be installed throughout the facility prior to final occupancy. 22- The fire alarm system shall be supervised by a central station approved by the Fire Department, ,23. All sprinkler and fire alarm installation plans shall be approved by the Fire Department prior to final framing inspection by Building Department. 24. Fire hydrants shall be installed at 300 foot intervals along the project frontage with the private access road and along the interior project driveways, with flows and pressureS required by Fire Department prior to delivery of combustibles, except concrete framing materials. 25. All utility rooms shall be clearly identified by signage prior to final occupancy. 26. Emergency lighting and emergency power equipment shall be provided prior to final occupancy. , 27. The applicant shall provide a fire extinguishing system in kitchen plans to be submitted to Fire Department prior to installation. .....,' 28. Ingress and egress shall meet the Fire Department requirements, including turning radii, grades, and angles of departure, and such plans shall be reviewed and approved by the Fire Chief prior to issuance of Building .' Permits. Parks and Recreation Department Conditions 29. All landscaping malerials shall be planted according to the approved landscaping plan. 30. The applicant shall maintain (and replace when necessary) all approved plantings. I Architectural Advisory Committee 31. The applicant shall submit a final color and materials board to the Architectural Advisory Committee for final approval prior to issuance of Building Permits, with the requirements that the roof shall be red clay tile and the stucco color shall be an off-while with a dashed finish (sprayed on and not knocked down). 32. The landscape plan shall use the same species of trees used for the formal street trees as design elements in the informal oak landscaping to lessen the abrupt change between landscaped areas. '--" . . I ~. _..,------," - --------... '....--.---...-- . ,- ORDINANCE NO. 449 C.S. 233 Attachment B MITIGATION MEASURES PLANNED DEVELOPMENT REZONE and SPECIFIC PLAN for LOT 184 OF TRACT 1390 1. Any changes to the hours of operation as noted in the AEIR must first be approved by the Director of Planning. Changes that could result in cumulative traffic impacts when combined with traffic from Grace Bible Church shall be analyzed for their significance as part of this review. If a change in hours of operation shall result in an impact on the City's backbone transportation system, the applicant shall be required to pay the City's standard traffic mitigation fees. Monitoring Department: Planning Department Time Frame: At time of change in hours of operation. 2. For the westerly drive, left hand turns onto and from the site shall be prohibited with appropriate signage. The design of the driveway shall be modified to be perpendicular to Rodeo Drive. The total width of the driveway shall be 20 feet; eight feet used for emergency access may be constructed of "turf block" or "eco- block" or similar product, provided the material can support the weight of a fire truck. The portion of the " driveway intended for emergency vehicle access shall be gated to prevent public use. The final design, location, signage, materials, and gating for this driveway shall be subject to the review and approval of the Public Works Director and the Fire Chief. " I One year after church services are held on the site, the City engineer shall study accident reports and complaint files to ascertain compliance with left turn prohibition. If patrons are violating the left turn prohibition and the west driveway poses a safety problem, the driveway should be reconfigured or closed subject to the approval of the Fire Chief and the Director of Public Works. Monitoring Department: Public Works Department Time Frame: for revised design, prior to issuance of building pennit; for complaint monitoring, one year after church services are held on site. 3. The building specifications shall incorporate 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 with drought tolerant landscaping, etc. Prior to final occupancy of any structure, all water conserving designs or fixtures shall be installed. Monitoring Department: Building Department Time Frame: Building permit plan check for the design and prior to finnl occupancy for installation. 4. The applicant shall submit a landscape plan, prepared by a licensed landscape architect, to the satisfaction of the Director of Parks and Recreation and Director of Planning. All landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, and bark. Monitoring Department: Parks and Recreation Department Time Frame: Building permit plan check. 5. The applicant shall provide for review and approval by the City Council an individual water program which will propose mitigating measures to neutralize projected water demand for the project. The approved program must be implemented prior to issuance of building permits. Monitoring Department: Public Works Department Time Frame: Building permit plan check. 6. At plan check, the applicants shall submit a grading, drainage, and erosion control plan, prepared by a qualified person. Said plan shall be subject to the review and approval of the Public Works Director. The plan shall include methods of revegetation of disturbed areas, grading and planting periods, and maintenance provisions. Monitoring Department: Public Works Departtnent Time Frame: Building permit plan check. 7. All exposed cuts and fills shall be protected from erosion through appropriate methods, including, but not limited to, hydroseeding, straw bales, energy dissipators, siltation ponds, and other appropriate means. Said methods shall be described in the grading, drainage, and erosion control plan. Monitoring Department: Public Works and Building Departments Time Frame: During construction. 8. The applicant shall comply with all mitigation measures specified in the grading, drainage, and erosion control report. Monitoring Department: Public Works and Building Departments Time Frame: During construction. ., 9. The applicant shall adhere to the following construction mitigation measures established by the Air Pollution Control District (APCD) and listed on the construction and grading permits (See also Condition --.- 234 . ORDINANCE NO. 449 C.S. of Approval 8[b].) a. Water the site and the equipment in the morning and afternoon; b. Spread soil binders on the site, unpaved roads and parking areas; c. Properly tune and maintain all equipment; d. Wash trucks leaving the site; e. , Use low-sulphur fuel for equipment; and f. Configure construction parking to minimize conflicts with street traffic. Monitoring Department: Building Department Time Frame: During constmction. 10. Construction activi ties shall not occur before 7:00 a.m. nor after 6:(x) p.m, , Monitoring Department: Building Department Time Frame: During constmction. 11. All project lighting shall be designed such that lighting does not extend beyond the project site. Monitoring Department: Planning Department Time Frame: Building permit plan check, '12. Prior to receiving an occupancy permit for Phase III, the applicant shall complete the additional 52 parking spaces necessary to support the Phase III development. Monitoring Department: Planning and Building Departments -..../' Time Frame: Prior to occupancy of Phase 11l. I ., .-../