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R 3685 RESOLUTION NO. 3685 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING SPECIFIC PLAN AMENDMENT CASE NO.02'()01.LOCAT~D AT THE INTERSECTION OF ASH AND COURTLAND STREETS, APPUED FOR BY S&S HOMES WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3323 on September 8, 1998 approving the Berry GaRfens:'Specifro Plan; and WHEREAS,tbe applicant, S&S Homes, has submtttedan application to amend the General Plan and Development Code, and adopt the SpecifiC Plan Amendment for Subarea 2 of the Berry Gardens Specific Plan; and WHEREAS, adoption of the Specific Plan Amendment would establish land use, development and design standards for Subarea 2 of the Berry Gardens Specific Plan; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the Specific Plan Amendment at duly noticed public hearings on March 4, 2003 and May 6, 2003 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed the proposed Berry Gardens Specific Plan Amendment at a duly noticed public hearing on June 10, 2003 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearing, staff report, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Specific Plan Amendment Findings: 1. Based on the information contained in. the staff report and accompanying materials, the proposed Specific Plan Amendment is consistent with the goals, objectives, policies, plans,. programs, intent, and requirements of the General Plan. 2. The proposed Specific Plan Amendment will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The street improvements, installation of public utilities, upgrade to the City sewer main, and drainage basin expansion proposed as part of the Specific Plan Amendment would mitigate any potential adverse impacts to the public, health, safety, and welfare. The density of 9.0 dwelling units per gross acre and the land use pattern proposed are consistent with surrounding residential development. RESOLUTION NO. 3685 PAGE 2 3. The Specific PI~n Amendment is necessary and desirable in order to implement the provisions of the General Plan. 4. The development standards contained in the Specific Plan Amendment will result in a superior development to. that whicn '. wollld .. OCCur. using standard- zoning. and development regulations. 5. The Specific Plan Amendment will not creat~ internal inCQ~c;ies within the Specific Pl,an and is consistent. with the purpose and. intent of the Specific Plan it is amending. NOW, THEREFORE, BE IT RESOL VEO that the Cit>'. Council of the City of .Arroyo Grande he~by approves Specific Pla,n Amendn1ent 02-001. .with ,the '. (tbove fi~sand sllbject to the conditions of approval as set forth in Exhibit "C~ 1", attached hereto and incorporated herein by reference. BE ITFUR,.HERRE$PLVED that any dEwelopment~ppli~iOn witnin thfJaerryGardens Specific Plan Subarea 2 shall comply with a11'mitigation' measures set fOrth in. the Mitigated Negative Declaration prepared for the development project and adopted by City Council on June 10, 2003. On motion by Council Member Lubin, seconded by Council Member Costello, and by the following taU call vote to wit: AYES: Council Members Lubin, Costello, Dickens, and Mayor Ferrara NOes: None ABSENT: CouncllMemberRune~ the foregoing Ordinance was adopted this 10th day of June, 2003. RESOLUTION NO. 3685 PAGE 3 TO~ ATTEST: I / i j.< APPROVED AS TO CONTENT: ~' . :-..J 5 A Ie 5, CITY MANAGER APPROVED AS TO FORM: RESOLUTION NO. 3685 PAGE 4 EXHIBIT C-1 CONDITIONS OF APPROVAL SPECIFIC PLAN AMENDMENT 02-001 S&S Homes Ash and Courtland Streets COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval amends the Berry Gardens Specific Plan by inserting the following language on page 52: IV. PA TIO HOME RESIDENTIAL SUBAREA 2-SPECIFIC PLANS (PHR2-SP) 1. Permitted. and Conditionally Allowed Uses: The PHR2-SP sub area shall allow single family detached, attached or zero lot line patio homes and accessory structures. Property development standards shall be as described below and the density shall not exceed 5.5 d.u./gross acre. 2. Development Code General Provisions: Unless otherwise provided as part of the Berry Gardens Specific Plan, all provisions of the CondominiumlTownhouse (MF) designation and zone, as defined in the General Plan and Development Code of the City of Arroyo Grande shall be applicable within the PHR2-SP area. 3. Minimum building site area: Shall be 3,000 square feet except on corner lots, which shall be a minimum of 3,500 square feet. 4. Minimum average lot width and frontage: Shall average thirty (30) feet, except corner lots, which shall average thirty- five (35) feet. 5. Minimum lot depth: Shall be 80 feet, excluding private rear access easement. 6. Minimum yard: a. The minimum front yard building setback (from back of sidewalk) shall be ten (10) feet and the maximum shall be twenty-five (25) feet. The minimum building setback from the meandering walk off Ash Street shall be ten (10) feet. RESOLUTION NO. 3685 PAGE 5 b. Interior side yard setback shall be zero (0) feet on one side, and a minimum of five (5) feet and an average of 7.5 feet on the other side for one and two story buildings, subject to City design review and approval. c. Minimum rearys(d setbacks shall be zero (0) feet for single story buildings (or portion less than 14 feet in height) and shall be at least five (5) feet for two story buildings (or portions more than 14 feet in height). (Garages shall provide remote control openers and roll-up garage doors). Driv(Jway setb[!cks may vary, but shall allow a minimum of twenty-four (24) feet between opposing garage doors to assure adequate back up space. d. Exceptions: Architectural features such as roof eaves, bay windows, steps and chimneys may project into required yards as provided in the City's Development Code. 7. Maximum lot coverage: Shall be 60%. The PHR-SP lots shall provide each unit with an average of 1,000 square feet of private open space area. 8. Maximum building height: Shall be twenty-five (25) feet. 9. Maximum Floor Area Ratio: Shall be 0.60, including garages. 10. Development shall be subject to City of Arroyo Grande Architectural Review. [See Site Plan Exhibits 8, 9 and 10 on pages 20, 21 and 22 for prototypical building and preliminary site plans for Patio Home Residential development]. 1. A reproducible copy and twenty (20)oopiesofthe Final Berry GaJ'deAsSpecmc Plan as amended shall be submitted 30 days after the first reading of Ordinance No. 542 for Development Code Amendment 02-004. 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 apPr:oval for SpecifIC Plan Amendment 02-001. Vesting Tentative Tract Map 02-001 and Planned Unit Development 02-004. '_..~~----~- RESOLUTION NO. 3685 PAGE 6 4. This approval shall automaticaUy expire on June 10, 2005 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Development shall occur in substantial conformance with . the plans presented to the City Council at the meeting of June 10,2003 'except as. rnQdified by these conditions of approval. 6. The applicant shall, as a condition of approval of this ten~tive map application, defend, indemnify and hold harmless the City of Arroyo G~nde. its present or former agents, offICers and empioyeesfrom any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which aetion is. brought within the time period provided for by law. This . conditiOO4Seubject to.. the provisions of GovemmentCode Section 66474.9, wmch are incorporated by reference herein as though set forth in full. --...-". RESOLUTION NO. 3685 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy 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 Resolution No. 3685 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of June, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13th day of June, 2003. L~,<<- ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK