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O 437 C.S. I "",- "1" ~ 109 ORDINANCE NO. 437 C.S. AN ORDINANCE OF THE CITY COUNCn. OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE CITY CLERK TO F1LE A NOTICE OF DETERMINATION, AND APPROVING AN AMENDMENT TO ORDINANCE NO. 420 C.S. ON PROPERTY LOCATED AT 1400 FARROLL A VENUE, APPLIED FOR BY HERB PHllLIPS WHEREAS, the City Council of the City of Arroyo Grande has held a public hearing to consider an amendment to Ordinance No. 420 C.S.; and WHEREAS, the City Council did consider said proposed amendment to modify Exhibit. A. and modify Section 6 of Ordinance 420 C.S., .Conditions of Approval; and WHEREAS, the City Council has held the required public hearing on the proposed amendment; and WHEREAS, the proposed development was reviewed in compliance with the requirements of the California Environmental Quality Act (CEQA), and the City Council finds that the project would result in no significant effect on the environment provided that the mitigation measures are implemented, and therefore, the adoption of a Negative Declaration is appropriate; and WHEREAS, the City Council has found that this project is consistent with the General Plan; and WHEREAS, after due study and deliberation, the City Council finds that the public interest and general welfare does require such an amendment; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed zone change and development plan is consistent with the General Plan designation of low density residential (0.2-4.5 dwelling units per acre), as the applicant is proposing a density of 3 dwelling units per acre; 2. The subject site is adequate in size and shape by itself to accommodate the reasonable requirements of residential development; 3. The proposed zone change and development plan is reasonable and beneficial at this time to serve the city because the applicant will build the extension of Oak Park Boulevard, and adequate services are available to serve the project; 4. The proposed zone change and development plan would not adversely affect the /"' surrounding property because it is consistent with the adjacent uses and densities; 5. The project should not have an adverse impact on the environment provided the mitigation measures are adopted and implemented; 6. The adverse impacts on traffic shall be mitigated by the applicant paying to the City a traffic mitigation fee as set forth in Ordinance 420 C.S. and by the provision of traffic improvements as set forth in Ordinance 420 C.S. 7. Any adverse impacts on air quality are mitigated by the provision of alternate access as set out in paragraph 22 of Section 6, Subsection D in Ordinance 420 C.S. and by the landscaping conditions set forth in Ordinance 420 C.S. 8. The adverse impacts on water are mitigated by the reduction in domestic water demand for this project as set out in paragraph 9 of Section 6, Subsection A, in Ordinance 420 C.S. 9. The proposal will produce a desirable and livable community. ---~----'-'-'~-"----_._---,,- , ! 110 ORDINANCE NO. 437 C.S. NOW, TIIEREFORE, THE CITY COUNCIL OF mE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: Section 1. That the above statements constitute the findings of the City Council on this matter. Section 2. That the zoning map of the City of Arroyo Grande be amended, on that property identified as Lot 14 of Pismo Beach Gardens, in the City of Arroyo Grande, County of San Luis Obispo, State of California, also known a APN 77-251..()4, as shown on Amended . Attachment A. attached hereto. Section 3. A Negative Declaration with mitigation measures is adopted for this ordinance and the City Clerk is instructed to file a Notice of Determination. -... Section 4. That the amended development Plan submitted by the project applicant is conditionally approved and adopted subject to all the conditions of Ordinance 420 C.S. except as amended in Section 5, herein below. Section 5. Amended Conditions of Aooroval A. Mitigation Measures 3. The developer shall construct a solid fence, six feet (6') high, along the entire eastern boundary of Dixson Street and the eastern property lines of lots 20 and 30. C. C. & R's shall be recorded concurrently with the final map that require fence heights to be reduced on lots 20 and 30 to three (3) feet within the required street setback if the internal streets are extended into the adjacent parcel. Monitoring Department: Planning Department Time Frame: Prior to final acceptance of tract improvements. 4. The developer shall notify potential buyers of lots within the development of the consequences of existing and potential agricultural operations on adjacent parcels, including but not limited to dust, noise, odors and agricultural chemicals. Monitoring Department: Planning Department Time Frame: Prior to Recordation of the final map the applicant shall submit a draft copy of the C.C. & R's showing implementation of this mitigation measure. 8. A one foot (1 ') access denial strip or relinquishment of all rights of access shall be required on all lot frontages adjacent to FarraU Avenue and Oak: Park Boulevard. Monitoring Department: Public Works Department 1 Time Frame: Prior to recordation of the final map. B. General Conditions 11. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of March 12, 1991 and marked Amended Exhibit . A . . C. Planning Department Conditions 13. The developer shall construct wood fences with slump stone pillars at the property line along Oak Park Boulevard, and along Farran Avenue. Said walls shall be a maximum of six (6) feet high and all block shall be treated to resist graffiti. The fences shall be reduced in height to three feet (3') within twenty feet of the intersection of Oak Park Boulevard and Dixson and Noe Streets. Installation of walls. shall not impair sight distance as defined in the State Standard, Topic 405. ---"-.-- .-....... ___.u ___._....___._____. .. . .. ._.+______._.._ , . ORDINANCE NO. 437 l'f1 l3a. The developer shall construct a solid fence, six feet (6') high, along the entire western tract boundary prior to final acceptance of tract improvements. 14. The street section for Oak Park Boulevard shall have a 100 foot wide right-of- way with a center median, at least two driving lanes in each direction, meandering sidewalks, and concrete curb and gutter. The applicant shall landscape the median strip and the landscaping area adjacent to the meandering sidewalk. l4a. Farroll Avenue paved width shall be 36 feet minimum, constructed to a 1/2 i width section of a 64 foot right of way with a six foot PUE and street tree easement. The walls referenced in condition of approval 113 shall vary in location from the ROW line to the back of the street tree easement, subject to the approval of the Director of Parks and Recreation. l4b. Prior to recordation of the final map, the applicant shall request the Parking and Traffic Commission to red curb the project frontage on Farroll Avenue and Oak Park Boulevard. 20. The CC&R's shall stipulate that the houses constructed on lots 2 through 4 shall be limited to single story construction and shall be required to obtain a Viewshed Review Permit for any construction exceeding 15 feet in height above the natural grade of the lot. 21. The minimum rear yard setback for Lots 3 through 8 shall be 15 feet except in the case where a Viewshed Review Permit is obtained, in which case the setback may be increased as a condition of said permit. D, Public Works Department Conditions 22. The Developer shall design and construct temporary access including signage, (Sign Permits required) to Soto Park Complex. The developer shall also design the final access considering median design for traffic on Oak Park Boulevard. 24. The lots designated drainage basin for Tract 1769 shall be designed to carry public improvement water for the tract. 24a. Lot drainage shall be retained on individual lots. 24b. The design and materials of the drainage basin screening shall be subject to review by the Architectural Advisory Committee and approval of the Planning Commission prior to recordation of the final map. E. Fire Department Conditions 25. Fire hydrants shall be placed in the locations listed below: b. Southwest corner of Oak Park Boulevard and Noe Street c. Lot #9 on Noe Street d. Lot #20 on Dixson Streets e. Lot #29 Dixson Street f. Lot 116 on corner of Oak Park Boulevard Fire flows to be 1250 GPM (gallons per minute) at 20 pounds residual I I pressure. 27. The applicant shall provide a minimum turn around radius of 35 feet at the end of Dixson Street. As an alternative, the applicant may provide a hammer-head turn around or emergency drive through to the satisfaction of the Fire Department. ~--' , ,{ . 112 ORDINANCE NO. 437 C.S. F. Parks and Recreation Department Conditions 28. The developer shall meet all park development requirements fees or land in lieu or construction in lieu in accordance with master plan and development fees in effect at time of recordation. 30. The developer shall construct a six (6) foot high (measured from the project side) masonry wall on the property line separating the Soto Sports Complex from houses. The wall shall be treated on the City side to resist graffiti. 30a. All walls used in the development shall be visually compatible in materials and appearance subject to approval of the Director of Planning. 32. Concurrently with recordation of the final map, an assessment district shall be formed, in a manner approved by the Directors of Public Works and Parks and ""\ Recreation and the City Attorney. for the purpose of funding maintenance of landscaping and drainage basins. Section 6. This ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage. it shall be published once, together with the names of the City Council Members voting thereon, in a newspaper of general circulation within the City. On motion by Council Member Smith, seconded by Council Membcr Dougall, and on the following roll call vote, to wit: AYFS: Council Members Smith, Dougall, Olsen, Moots and Mayor Millis NOFS: None ABSENT: None the eoreg"'" 0_ .., """"" "'" ,.., day of _. '~ ' '~ s.M.ddb ATIEST: ~a.~ NANCY A. A VIS. CITY CLERK ""'I APPROVED AS TO FORM: I, 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 Ordinance No. 437 C.S. is a true, full and =rrect copy of said Ordinance passed and adopted at a regular meeting of said Council on the 26th day of March, 1991. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 5th day of April, 1991. ~jI;; a. Qn~....~ J CITY CLERK ---.- ---- -------- ----- .-.~. -.--'- ..~.~_.,..,----- ..., f. , , , , i_php\~'" 0 I \ .ct . J-t.\ ., t t !J~ 'y 1 t ;.11 0 .' ... . , .. I- ~ .,'" \ oa i, :' j 3>~~t _ \ .., "'1' , . ~ ~ ~ ~ ~1 6 ~\ I ~!!~ thl1! j~ ~~~~... ,. I _;"'~15 . .. ('It .'1' H ~.\ .c ~~....>~i' I m &..-:-: i: ~:ti ; 'iI, ') :H!.I Q - .. I "'.......C' E ~'. ..- i ~~?, z i' _ \7 ... I a '1 .f, ~ t; ... ..1 , . . \. .. \ , i\ il \'!I : ~ \ I .. 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