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R 4868 RESOLUTION NO. 4868 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING APPEAL CASE NO. 18- 001 AND APPROVING CONDITIONAL USE PERMIT 18-001; LOCATED AT 1212 FLORA ROAD; APPLIED FOR BY MURAT & NANCY AKALIN WHEREAS, the project site is an approximately 5.08 acre site located in the General Agricultural (AG) zoning district and currently developed with a single-family structure; and WHEREAS, the construction of an accessory dwelling unit is permitted in the AG zoning district following approval of a conditional use permit in accordance with the Arroyo Grande Municipal Code; and WHEREAS, the applicant has filed Conditional Use Permit 18-001 for the construction of an accessory dwelling unit totaling 1,784 square feet; and WHEREAS,the size limitations for accessory dwelling units in the AG district are determined through the discretionary review process; and WHEREAS, protection for continued agricultural operations and production is very paramount on land zoned AG; and WHEREAS, the proposed accessory dwelling unit is located adjacent to the existing access driveway to the existing residence on the site, limiting the project's impact on current and future agricultural operations; and WHEREAS, the Planning Commission was unable to make all the required findings in the affirmative and denied the proposed project; and WHEREAS, the project applicants appealed the Planning Commission's determination to the City Council on May 18, 2018; and WHEREAS, the City Council 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 determined that the project is exempt per Section 15303(a) of the CEQA Guidelines regarding new construction of an accessory dwelling unit; and WHEREAS, the City Council reviewed the project at a duly noticed public hearing on June 12, 2018, and considered all written evidence and oral testimony; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: RESOLUTION NO. 4868 PAGE 2 Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed use is permitted within the Agricultural district pursuant to Chapter 16.28 of the Development Code and the project complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan including Policy Ag 1-4.1 of the Agriculture, Conservation, and Open Space Element and the Bicycle and Trails Master Plan, and the development policies and standards of the City. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use will not impair the integrity and character of the district in which it is to be established or located due to the small nature of the development and the placement of the new building on the project site in a way that avoids the conversion of agricultural soils. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is 5.08 acres, which is smaller than the minimum lot size required in the Agricultural district, but remains suitable for the type and intensity of use since the use is planned in a way that does not impact the ongoing light agriculture and grazing uses of the site. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The accessory dwelling unit will utilize City supplied water, sanitation, and public utilizes and services that ensure public health and safety. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed use will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as it will comply with all applicable codes and standards of the Municipal Code and in accordance with conditions of approval specifically developed for the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Conditional Use Permit 18-001 as revised and presented to the City Council on June 12, 2018 as set forth in Exhibit"B", attached hereto and incorporated herein by this reference, with the above findings and subject to the conditions as set forth in Exhibit RESOLUTION NO. 4868 PAGE 3 "A", attached hereto and incorporated herein by this reference. On motion by Council Member Ray, seconded by Council Member Barneich, and by the following roll call vote, to wit: AYES: Council Members Ray, Barneich, Brown, Harmon, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12th day of June, 2018. RESOLUTION NO. 1008 PAGE 4 J HILL, MAYOR ATTEST: hitblit9 KELLY TM!RE, CITY CLERK APPROVED AS TO CONTENT: JAMES A. = i'%- , CITY MANAGER APPROVED AS TO FORM: HEATHER K. WHITHAM, CITY ATTORNEY RESOLUTION NO. 4868 PAGE 5 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 18-001 1212 FLORA ROAD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes the construction of a new 1,784 square foot accessory dwelling unit on the property located at 1212 Flora Road 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit 18-001. 4. This application shall automatically expire on June 12, 2020 unless a building permit is issued. 5. Development shall conform to the General Agricultural (AG) requirements except as otherwise approved. 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of June 12, 2018. 7. The applicant shall agree to indemnify, defend, and hold harmless 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 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 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. 8. A copy of these conditions shall be incorporated into all construction documents. 9. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 10. Setbacks, lot coverage, and floor area ratios shall be as shown on the development RESOLUTION NO. 4868 PAGE 6 plans. 11. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code. Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 12. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be LED and comply with the current California Energy Code. 13. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 14. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Model Water Efficient Landscaping Ordinance). 15. All conditions of this approval run with the land and shall be strictly adhered to,within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS 16. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. 17. Prior to bringing combustibles on site, the applicant shall, to the approval of the Fire Chief, improve the driveway from Flora Road to the end of the new accessory dwelling unit to provide a 20-foot all weather fire access. 18. Prior t issuance of a certificate of occupancy, the unpermitted roof structure at 1212 Flora Road shall be properly permitted. RESOLUTION NO. 4868 PAGE 7 19. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 20. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 21. Project shall have a fire flow and duration per the latest adopted edition of the California Fire Code and with approval of the Building Official and/or Fire Chief. 22. The new building must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 23. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 24. The address of the proposed accessory dwelling unit shall be 1208 Flora Road. 25. Any review costs generated by outside consultants shall be paid by the applicant. ENGINEERING DIVISION AND PUBLIC WORKS DEPARTMENT CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 26. The Applicant shall develop, implement and provide the City a: a. Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). 27. Prior to any Permit — Stormwater Control Plan. Provide a Stormwater Control Plan that complies with Engineering Standard 1010 Section 5.2.2. 28. Prior to Final Approval - Operations and Maintenance Plan, Maintenance Agreement, and Maintenance Notification. Provide an Operations and Maintenance Plan, Maintenance Agreement, and Maintenance Notification that complies with Engineering Standard 1010 Section 5.2.3. RESOLUTION NO. 4868 PAGE 8 GENERAL CONDITIONS 29. Working hours shall comply with Standard Specification Section 5-1.01. 30. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 31. Record Drawings ("as-built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 32. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director in compliance with Engineering Standard 1010 Section 9.3. Provide One (1) set of paper prints and electronic documents on CD or flash drive in both AutoCAD and PDF format. 33. Preserve existing survey monuments and vertical control benchmarks in compliance with Standard Specifications Section 5-1.26A. IMPROVEMENT PLANS 34. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works Department and/or Community Development Department. The following plan sheet shall be provided: a. Site Plan i. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ii. The location, size and orientation of all trash enclosures. iii. All existing and proposed parcel lines and easements crossing the property. iv. The location and dimension of all existing and proposed paved areas. v. The location of all existing and proposed public or private utilities. vi. Location of 100-year flood plain and any areas of inundation within project area. b. Grading Plan with Cross Sections c. Retaining Wall Plan and Profiles d. Roadway Improvements Plan and Profiles. e. Storm Drainage Plan and Profile f. Utilities -Water and Sewer Plan and Profile g. Utilities— Composite Utility h. Signing and Striping i. Erosion Control RESOLUTION NO. 4868 PAGE 9 j. Landscape and Irrigation Plans for Public Right-of-Way k. Tree Protection Plan I. Details m. Notes n. Conditions of Approval o. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks) p. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 35. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 36. Applicant shall fund outsourced plan and map check services, as required. 37. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. STREET IMPROVEMENTS 38. Obtain approval from the Public Works Director prior to excavating in any street recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay or type 2 slurry seal. 39. All street repairs shall be constructed to City standards. CURB, GUTTER, AND SIDEWALK 40. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 41. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 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 GRADING AND DRAINAGE 42. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements 43. All grading shall be performed in accordance with the City Grading Ordinance and RESOLUTION NO. 4868 PAGE 10 Standard Specifications and Engineering Standards. 44. Drainage facilities shall be designed in compliance with Engineering Standard 1010 Section 5.1.2. 45. Submit a soils report for the project 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. 46. The applicant shall dedicate a fifteen foot (15') pedestrian trail easement along the westernmost parcel boundary. 47. The developer shall submit a detailed grading plan showing how draining enters each inlet. 48. All drainage calculations and facilities shall be constructed in accordance with Section 5 Storm Drainage of the Engineering Standards WATER 49. A new water lateral for the accessory dwelling unit shall be installed with the project. 50. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to the structure and landscaping. 51. Non-potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 52. Lots using fire sprinklers shall have individual fire service connections. Afire sprinkler engineer shall determine the size of the water meters. 53. Existing water services to be abandoned shall be abandoned in compliance with Engineering Standard 6050. SEWER 54. All sewer laterals shall comply with Engineering Standard 6810. 55. Existing sewer laterals to be abandoned shall be abandoned in compliance with Engineering Standard 6050. 56. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with Standard Specifications and Engineering Standards. RESOLUTION NO. 4868 PAGE 11 57. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to permit issuance. 58. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. PUBLIC UTILITIES 59. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. 60. Public Improvement plans shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the Director of Public Works for approval. 61. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q. 62. New trees shall not be located over existing or proposed service lines. FEES AND BONDS The applicant shall pay all applicable City fees, including the following: 63. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL 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 subdivision or public works construction plans. (Based on an approved construction cost estimate) e. Plan Review Fee (Based on the current Building Division fee schedule) 64. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization 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. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance. c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance. d. Water Availability charge, to be based on codes and rates in effect RESOLUTION NO. 4868 PAGE 12 at the time of building permit issuance. e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance. h. South San Luis Obispo County Sanitation District Connection fee in accordance with Municipal Code Section 13.12.180. i. Drainage fee, as required by the area drainage plan for the area being developed. j. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance. k. 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. I. Building Permit Fee, to be based on codes and rates in effect at the time of development. BONDING SURETY 65. Erosion Control, prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS 66. Prior to building permit issuance, the final landscaping, lighting, and architecture shall be reviewed by the Architectural Review Committee for a recommendation to the Community Development Director. Isaman design, Inc.2420 Broad StreetSan Luis Obispo, CA 93401Phone:Fax:805/544.5672805/544.5642w w w .isamandesign.comARCHITECTAKALIN: ACCESSORY DWELLING UNIT (ADU)ARROYO GRANDE, CA6/7/2018SCALE 1/4" = 1'-0"FLORA ROADFLOR A RO A D FLORA ROADPROPOSEDADULOCATIONUSABLE AG LAND4.5 ACRESFLORA ROADFLOR A R O A D FLORA ROADUSABLE AG LAND3.7 ACRESFENCEPROPERTY LINESETBACKUSABLEAG LANDNBEFORE AKALINS- DOUBLE DRIVEWAY (ORPHANED TRIANGLES OF LAND BETWEEN)- FENCE AT ROAD (USABLE LAND LEFT OUTSIDE OF FENCE)- FENCE AT HOUSEUSABLE SF/ACRE: 161,005 SF / 3.7 ACRESEXHIBIT (1)AFTER AKALINS- SINGLE DRIVEWAY- ALL LAND ENCOMPASSED BY NEW PERIMETER FENCE- REMOVED FENCE AT HOUSE- ADDED ADUUSABLE SF/ACRE: 195,367 SF / 4.5 ACRESEXHIBIT "B" Isaman design, Inc.2420 Broad StreetSan Luis Obispo, CA 93401Phone:Fax:805/544.5672805/544.5642w w w .isamandesign.comARCHITECTAKALIN: ACCESSORY DWELLING UNIT (ADU)ARROYO GRANDE, CA6/7/2018SCALE 1/4" = 1'-0"EXISTINGMAIN HOUSELOCATIONFLORA ROADFLOR A RO A D FLORA ROADPROPOSEDADULOCATIONFLORA ROADFLOR A R O A D FLORA ROADHORSESCHICKENSORCHARDGOATSNEXHIBIT (2)CURRENT USES- CHICKENS (EVERYWHERE)- HORSES (GRAZING)- ORCHARD (REVIVED & EXPANDED 20 % AFTER PURCHASE)FUTURE USES- CHICKENS (EVERYWHERE)- HORSES (GRAZING)- ORCHARD (CONTINUED 20% EXPANSION PER YEAR)- GOATS (MILK & CHEESE PRODUCTION) Isaman design, Inc.2420 Broad StreetSan Luis Obispo, CA 93401Phone:Fax:805/544.5672805/544.5642w w w .isamandesign.comARCHITECTAKALIN: ACCESSORY DWELLING UNIT (ADU)ARROYO GRANDE, CA6/7/2018SCALE 1/4" = 1'-0"30'-0"NEW ADU LOCATION(COLLABORATION WITH NEIGHBORS)PUSH SOUTH ON PROPERTY AS FARAS SETBACK WILL ALLOWPG & E RIGHT-OF-WAY EASEMENT5 FOOT STRIP ON CENTER LINEEXISTINGMAIN HOUSELOCATIONFLORA ROADFLOR A RO A D FLORA ROAD30'-0"PROPOSEDADULOCATION30'-0"ORIGINAL PROPOSEDADU LOCATIONEXISTINGMAIN HOUSELOCATIONFLORA ROADFLOR A R O A D FLORA ROAD30'-0"PROPOSEDADULOCATIONNEXHIBIT (3)ORIGINALLY PROPOSED LOCATION- NEAR FLORA ROAD TO MAXIMIZE AG USEAGE- NEAR FLORA ROAD TO MINIMIZE DRIVEWAY- NEAR FLORA ROAD FOR EASE OF UTILITY CONNECTIONNEW PROPOSED LOCATION- RELOCATE IN ORDER TO PRESERVE NEIGHBOR VIEWS- NEAR FLORA ROAD TO MAXIMIZE AG USAGE- NEAR FLORA ROAD TO MINIMIZE DRIVEWAY- CLOSER TO UTILITY CONNECTION Isaman design, Inc.2420 Broad StreetSan Luis Obispo, CA 93401Phone:Fax:805/544.5672805/544.5642w w w .isamandesign.comARCHITECTAKALIN: ACCESSORY DWELLING UNIT (ADU)ARROYO GRANDE, CA6/7/2018SCALE 1/4" = 1'-0"ORIGINALLY PROPOSED (ARC APPROVED)- STUCCO FINISH EXTERIOR- COMPOSITE SHINGLE & STANDING SEAM METAL ROOFINGPREFERRED (ARC SUGGESTIONS)- BOARD & BATTEN EXTERIOR SIDING- COMPOSITE SHINGLE & STANDING SEAM METAL ROOFINGEXHIBIT (4) OFFICIAL CERTIFICATION I, KELLY WETMORE, 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 attached Resolution No. 4868 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of June, 2018. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of June, 2018. i I � , I / KELLY ETr' ORE, CITY CLERK