R 3705
RESOLUTION NO. 3705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING THE ,APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF TENTATIVE
TRACT MAP 03-002 AND REQUEST FOR WAIVER OF
APPEAL FEE, ADOPTING A MITIGATED NEGATIVE
DECLARATION, INSTRUCTING THE DIRECTOR OF
ADMINISTRATIVE SERVICES TO FILE A NOTICE OF
DETERMINATION, AND APPROVING TENTATIVE TRACT
MAP 03-002 AND PLANNED UNIT DEVELOPMENT 03-002,
LOCATED AT 1180 ASH STREET, APPLIED FOR BY
KEVIN HUNSTAD
WHEREAS, the Planning Commission of the City of Arroyo Grande unanimously
approved Tentative Tract Map 03-002 and Planned Unit Development 03-002 at a public
hearing on July 15, 2003 in accordance with the Municipal Code of the City of Arroyo
Grande; and
WHEREAS, the Planning Commission's approval of Tentative Tract Map 03-002 and
Planned Unit Development 03-002 was appealed to the City Council of the City of Arroyo
Grande; and
WHEREAS, the City Council considered the above project at a public hearing on August
26, 2003 in accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the City Council finds that the proposed project is consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith, and has reviewed the Initial Study and Mitigated Negative Declaration under
the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Parcel Map Findings:
1. The proposed Tentative Parcel Map is consistent with the goals, objectives,
policies, plans, programs, intent, and requirements of the Arroyo Grande General
Plan and the requirements of the Development Code.
2. The design of the Tentative Parcel Map is not likely to cause substantial
environmental damage or substantial and avoidable injury to fish or wildlife or their
habitat.
3. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
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RESOLUTION NO. 3705
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4. The discharge of waste from the project into an existing community sewer system
will not result in violation of existing requirements as prescribed in Division 7
(commencing with Section 13000) of the California Water Code.
5. Adequate public services and facilities exist or will be provided as a result of the
proposed Tentative Parcel Map to support project development.
6. The site is physically suitable for the type of development that exists in the Multi-
Family Apartments (MFA) zoning district.
7. The design of the Tentative Parcel Map or the type of improvements will not
conflict with easements acquired by the public at large for access through, or use
of, property within the proposed Tentative Parcel Map.
Planned Unit Development Findings:
1. That the proposed development is consistent with the goals, objectives and
programs of the general plan and any applicable specific plan;
2. That the site for the proposed development is adequate in size and shape
to accommodate the use and all yards, open spaces, setbacks, walls and
fences, parking area, loading areas, landscaping, and other features
required;
3. That 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;
4. That adequate public services exist, or will be provided in accordance with
the. conditions of development plan approval, to serve the proposed
development; and that the approval of the proposed development will not
result in a reduction of such public services to properties in the vicinity so
as to be a detriment to public health, safety or welfare;
5. That the proposed development, 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;
6. That the improvements required, and the manner of development,
adequately address all natural and manmade hazards associated with the
proposed development and the project site, including, but not limited to,
flood, seismic, fire and slope hazards;
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RESOLUTION NO. 3705
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7. The proposed development 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 Section 16.32.050(E).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal of the Planning Commission's approval of Tentative
Tract Map 03-002 and request for waiver of appeal fee, adopts a Mitigated Negative
Declaration, instructs the Director of Administrative Services to file a Notice of
Determination, and approves Tentative Tract Map 03-002 and Planned Unit Development
03-002, as shown in Exhibit "B" with the above findings and subject to the conditions as
set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Council Member Lubin, seconded by Council Member Runels, and by the
following roll call vote, to wit:
AYES: Council Members Lubin, Runels, Costello, and Dickens
NOES: Mayor Ferrara
ABSENT: None
the foregoing Resolution was adopted this 26th day of August, 2003.
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RESOLUTION NO. 3705
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ATTEST:
,uaV--
OR ,DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
ST~MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3705
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 03-002 AND
PLANNED UNIT DEVELOPMENT 03-002
1180 ASH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Tentative Tract Map
03-002 and Planned Unit Development 03-002. .
3. Development shall occur in substantial conformance with the plans presented to
the City Council on August 26,2003 and marked Exhibit "B".
4. This tentative map approval shall automatically expire on August 26, 2005 unless
the final map is recorded or an extension is granted pursuant to Section
16.12.140 of the Development Code.
5. The applicant shall, as a condition of approval of this tentative or final map
application, defend, indemnify and hold harmless the City of Arroyo Grande, its
present or former agents, officers and employees from 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 action is
brought within the time period provided for by law. This condition is subject to
the provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
6. Development shall conform to the Multi-Family Apartment (MFA) zoning
requirements except as otherwise approved.
DENSITY BONUS:
7. The applicant shall, as a condition of receiving a 25% density bonus, dedicate
twenty-five percent (25%) or two (2) residences for moderate-income ownership or
rental through a housing development agreement in a form approved by the City
and shall be entered into between the City and the applicant prior to final approval
of a subdivision map. This agreement shall set forth the provision to require a
designated residence be sold or rented to a qualified moderate-income household
as certified by the Housing Authority of San Luis Obispo or such other authority
approved by the City Council and shall remain affordable for a period of not less
than 30-years.
RESOLUTION NO. 3705
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BUILDING AND FIRE DEPARTMENT
GENERAL CONDITIONS:
8. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande. .
9. Prior to issuance of a certificate of occupancy, the applicant shall post designated
fire lanes, per Section 22500.1 of the California Vehicle Code.
10. All fire lanes must be posted and enforced, per Police Department and Fire
Department Guidelines.
11. The project shall have a fire flow of 1000 gallons per minute for a duration of 2
hours.
12. Prior to occupancy, all buildings must be fullysprinklered per Building and Fire
Department Guidelines.
13. The project shall provide 1-inch water meters for fire sprinkler requirements.
14. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
15. Prior to issuance of a building permit, a ,demolition permit must be applied for,
approved,andissued.
16. Water mitigation 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.
17. Water distribution fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
18. Water service charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
19. Water supply charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
20. Traffic impact fee, to be based on codes and rates in effect at the time of building
permit issuance, in accordance with Ordinance 461 C.S., Resolution 3021.
21. Traffic signalization fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ordinance 346 C.S., Resolution
1955.
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22.- Sewer permit fee, to be based on codes and rates in effect at the time of building
permit issuance, in accordance with Municipal Code 6-6.405.
23. Drainage fee, as required by the area drainage plan for the area being developed.
24. 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.
25. Building permit fee, to be based on codes and rates in effect at the time of
development, in accordance with Title 8 of the Municipal Code.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS:
26. The applicant shall pay all applicable City fees at the time they are due.
27. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8" 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.
28. The site plan shall include the following:
a. The location and size of all water, sewer, and storm water facilities within
the project site and abutting streets or alleys.
b. The location, quantity, and size of all sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All parcel lines and easements crossing the property.
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
29. The applicant shall be responsible for obtaining an encroachment permit for all
work within the public right-of-way.
30. All improvements shall be constructed prior to map recordation except for non-
essential improvements, which may be guaranteed by an agreement and
financial securities as provided for in the Development Code.
CONSTRUCTION:
31. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted.
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RESOLUTION NO. 3705
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The cleaning shall be done after each day's work or as directed by the Director
of Public Works.
33. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site.
At a minimum, this shall include wetting down such areas in the later morning
and after work is completed for the day and whenever winds exceed 15 miles per
hour.
34. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
35. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section 23114.
36. Wheel washers shall be installed where vehicles enter and exit unpaved roads
onto streets, or all trucks and equipment shall be washed off before leaving the
project site.
37. Streets shall be swept at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water should be
used where feasible.
38. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
39. All construction activities shall be limited to the hours of 7:00am to 6:00 pm
Monday through Saturday. No construction shall occur on Sunday.
40. Prior to issuing a grading permit, the following note shall be placed on the
construction plans for the project:
"In the event that during grading, construction or development of the project, and
cultural resources are uncovered, all work shall be halted until the City has
reviewed the resources for their significance. If human remains. (burials) are
encountered, the County Coroner shall be contacted immediately. The applicant
may be required to provide archaeological studies and/or mitigation measures."
STREETS:
41. The applicant shall install a. new driveway approach on the property in accordance
with City standards.
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42. The applicant shall install new concrete curb in gutter in accordance with City
standards along the frontage of the property and match grade and alignment to
existing.
43. One-half of the street width of Ash Street from centerline along the entire frontage
of project shall be repaved to match grade.
DRAINAGE:
44. All drainage facilities shall be designed to accommodate a 100-year storm flow.
45. In accordance with the City Drainage Master Plan, the project site is within Zone
A and shall require on-site retention of storm water runoff.
UTILITIES:
46. The proposed domestic water service to be a 4" manifold at the street with
private laterals to each unit.
47. Any existing water and sewer services shall be abandoned per the requirements
of the Director of Public Works.
48. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
49. Each parcel shall be provided a separate sewer lateral.
50. An on-site manhole is required at the end of the proposed sewer line.
51. All new public utilities shall be installed as underground facilities.
52. All existing public overhead utilities that are onsite, and those within six feet
of the side and rear lot lines, and those along the frontage shall be placed
underground.
53. The applicant shall complete measures to neutralize the estimated
increase in water demand created by the project by either:
Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low-flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council
for approval prior to implementation; or,
RESOLUTION NO. 3705
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Pay an in-lieu fee of $2,200 for each new residential unit.
54. Prior to approving any building permit within the project for occupancy, all
public utilities shall be operational.
CONDITIONS PRIOR TO RECORDING THE MAP:
55. Preliminary Title Report - A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
56. Improvements - All improvements specified in these Conditions of Approval
shall be completed and accepted by the City. All subdivision improvements
required by these conditions shall be either:
a. Fully constructed and accepted by the City; or
b. Guaranteed by an improvement agreement and financial securities. The
agreement and securities shall be in a form acceptable to the City.
57. Bonds - The applicant shall provide bonds or other financial security for the
following. All bonds or security shall be in a form acceptable to the City, and
shall be provided prior to recording of the map, unless noted otherwise.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
e. Tax Certificate, In accordance with the Development Code, the applicant
shall furnish a certificate from the tax collector's office indicating that there
are no unpaid taxes or special assessments against the property.
58. Subdivision Guarantee, a Subdivision Guarantee shall be submitted to the
Director of Public Works at the time of map recordation.
59. Documents - All easements, abandonments, or similar documents to be
recorded as a document separate from the map, shall be prepared by the
applicant on 8 %" 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 fees.
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RESOLUTION NO. 3705
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60. Recordation - At the time of map recordation, copies of all recorded documents
shall be submitted to the City on either Mylar sheets or 8 %" x 11" archival quality
paper.
61. Recorded Copies - The applicant shall be responsible to provide one recorded
Mylar copy of the map to the City.
DEDICATIONS AND EASEMENTS
62. Private Access and Utility Easements . Private easements shall be reserved
on the map or other document acceptable to the City, for shared access,
drainage, water, and sewer.
63. Private Agreements - An agreement shall be entered into for the appropriate
properties for the common maintenance of the private driveway and all private
utilities within the driveway. The Director of Public Works shall approve these
provisions.
PLANNING COMMISSION
64. Both affordable units shall be the same size as the market-rate units and their
exteriors shall be indistinguishable from those of the market-rate units.
65. The applicant shall investigate the feasibility of transplanting the mature oak tree
to the Santa Lucia Bank site. If staff determines that transplanting the tree is not
feasible, the applicant shall submit an oak tree replacement program for all oak
trees that are to be removed, subject to approval by the Director of Parks,
Recreation, and facilities.
RESOLUTION NO. 3705
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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. 3705 is a true, full,
and correct copy of said Resolution passed and adopted at a regular meeting of
the City Council/Redevelopment Agency of the City of Arroyo Grande on the 26th
day of August, 2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th
day of August, 2003.
, , !J~~
KELLY W TM RE, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
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