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PC R 08-2070RESOLUTION NO. 08-2070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP 08-004 AND PLANNED UNIT DEVELOPMENT 08-002; APN 007- 491-036; APPLIED FOR BY PRUETT FAMILY TRUST WHEREAS, the applicant has filed Tentative Parcel Map 08-004 and Planned Unit Development 08-002 to subdivide a 0.30 acres lot developed with finro houses into four (4) parcels and to construct two (2) additional detached residential units; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map 08-004 and Planned Unit Development 08-002 at a duly noticed public hearing on September 2, 2008 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and have determined that this project is categorically exempt per Section 15315 of the CEQA Guidelines: and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist: Tentative Parcel Map Findings The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title. The proposed tentative parcel map would allow the site to be developed with an allowed use and at a density that is consistent with section 16.36.020 of the Municipal Code and the land use element of the City's General Plan. 2. The site is physically suitable for the type of development proposed. The project site is physically suitable for the proposed development since it is 13, 263 square feet in area, flat and is located within an urbanized area with major infrastructure already in place. The property is zoned Village Mixed Use, which is intended to provide for a mixture of commercial, office and residential uses compatible with surrounding residential districts. 3. The site is physically suitable for the proposed density of development. The project proposes to divide the existing parcel into four (4) parcels, would leave two (2) existing units and construct two (2) new units on a 0.30 acre site. The proposed density is below the maximum allowable density of 15 dwelling units per gross acre for the Village Mixed Use zone. RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE20F13 4. The design of the tentative parcel map likely to cause substantial environmental injure fish or wildlife or their habitat. �� or the proposed improvements are not damage or substantially and avoidably The design of the parcel map will not cause substantial environmental damage nor will it injure either fish or wildlife or their habitat, as the site is located in an urbanized area. Per conditions of approval, all storm water will either be retained on site or will be filtered prior to entering the Arroyo Grande Creek The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause any serious public health problems, as it provides adequate vehicular and pedestrian access to each proposed lot and meets the performance standards (16.48.120) of the Arroyo Grande Municipal Code. 6. 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 or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. The design of the tentative parcel map has been reviewed by City staff and will not conflict with any public easements. Access to the project will be from Nelson Street, which is a public right of way. 7. The discharge of waste from the proposed subdivision 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. Conditions of approva/ ensure that the subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. The project is located adjacent fo all necessary public facilities and will not negatively affect the adequacy of those facilities. Planned Unit Development Findings 1. The proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; The proposed project is consistent with the General Plan policies, specifically Table LU-1. r---, � RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE 3 OF 13 2. 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; The proposed project provides for usable and functional open space, parking and landscaping consistent with the Municipal Code. 3. 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; The project will take access from Nelson Street and will not generate a substantial number of daily or peak-hour vehicle trips. 4. 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; The proposed development is located adjacent to or in close proximity to all necessary public services. The proposed development will not cause a reduction in these services to other properties in the vicinity so as to be a detriment to public health, safety or welfare. 5. 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; The proposed development will not have a substantially adverse effect on surrounding property since the project is consistent with the use and density as described in both the City's General P/an and Municipal Code and is consistent with development on adjacent properties. 6. 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; There is minimal hazard risk on the project site, limited only to possible seismic events; all new buildings developed on the project site will be sprinklered per Building & Fire Department Guidelines. 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; The proposed development provides a more efficient use of the land than could be achieved through fhe strict application of Village Mixed Use district development RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE 4 OF 13 standards, specifically relating to private and usable open space and off-street parking provisions. • 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). The proposed development complies with the City's performance standards for planned unit developments. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 08-004 and Planned Unit Development 08-002, as shown 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 "A", attached hereto and incorporated herein by this reference. On motion by Chair Ray, seconded by Commissioner Ruth, and by the following roll call vote, to wit: AYES: Chair Ray, Commissioners Ruth, Barneich and Tait NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 2� day of September, 2008. ATTEST: � � /� ' LYN REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: RC�B STRONG; COMMUNITY DEVEL ENT DIRECTOR CAREN FfAY, HAIRI � r-, �� RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE50F13 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 08-004 PLANNED UNIT DEVELOPMENT 08-002 This approval authorizes the subdivision of 0.30 acres into four (4) lots and construct to two (2) detached residential units located on Nelson and Short Streets (APN 077-491- 036). COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 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 Parcel Map 08-004 and Planned Unit Development 08-002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of September 2, 2008 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on September 2, 2010 unless the final map is recorded or a time 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. PUBLIC WORKS DEPARTMENT SPECIAL CONDITIONS 6. Provide each lot with a separate sewer lateral. 7. Mitigate increased storm water by either: a. Retaining increased storm water on-site, or b. Replace the existing drop inlet at the north east corner of Bridge Street and Nelson Street with a curb opening drop inlet with fossil filter insert. : 0 Provide individual water services to each parcel. Install new sidewalk across the project frontage on Nelson Street only. Remove and replace damaged curb and gutter. RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE 6 OF 13 10 11 Under ground the overhead service drops to the property. Obtain the off-site easements for shared access and public sidewalk prior to recording the map. PUBLIC WORKS DEPARTMENT STANDARD CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. GENERAL CONDITIONS 12. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 13. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS 14. 15. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 16. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 17. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 18. The site plan shall include the following: RESOLUTION NO. 08-2070 TPM 08-004 � PUD 08-002 SEPTEMBER 2, 2008 PAGE 7 OF 13 a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 19. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 20. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER 21. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 22. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 23. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 24. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing off-site 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, b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE80F13 SEWER 25. All sewer laterals within the public right of way must have a minimum slope of 2%. 26 27 PUBLIC UTILITIES 28. Applicant can satisfy the underground requirements by payment of an in lieu fee as per the Municipal code. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 29. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 30 31 Submit the Final Map shall to the public utility companies for review and comment Utility comments shall be forwarded to the Director of Public Works for approval. All public utilities shall be operational prior to occupancy. STREETS 32 33 34 CURB, GUTTER, AND SIDEWALK 35. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. All street repairs shall be constructed to City standards. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. -�• � � 36 Perform all grading in conformance with the City Grading Ordinance. 37. Submit all retaining wall calculations for review and approval by the Director of RESOLUTION NO. 08-2070 TPM 08-004 � PUD 08-002 SEPTEMBER 2, 2008 PAGE 9 OF 13 Public Works for walls not constructed per City standards. DRAINAGE 38. 39. All drainage facilities shall be designed to accommodate a 100-year storm flow. Infiltration basins shall be designed based on soil tests, with a maximum infiltration rate of 6" per day. DEDICATIONS AND EASEMENTS i� 41. Abandonment of public streets and public easements shall be listed on the parcel map, in accordance with Section 66499.20 of the Subdivision Map Act. Dedicate a public utility easement 6' wide adjacent to all public rights of way. 42. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 43. 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. responsible for all required fees, including any additional 44. Private easements shall be reserved on the map, or approved by the City, for the following: a. Access, b. Drainage easements, c. Sewer easements, d. Water easements, e. Public Utility Easements. PERMITS The applicant shall be required City processing. other separate document 45. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 46. Obtain a grading permit prior to commencement of any grading operations on site. RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE100F13 FEES 47. Pay all required City fees at the time they are due. 48. Fees to be paid prior to plan approval: a. Map check fee b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 49. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 50. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 51. Covenants, Conditions, and Restrictions for the maintenance of the common driveway and any other common facilities shall be reviewed and approved by the Director of Public Works and the City Attorney. The driveway agreement shall clearly describe allowed parking areas and prohibit parking in front of garage doors. IMPROVEMENT SECURITIES 52. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 53. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 54. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: 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. RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE 11 OF 13 d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 55. Tax Certificate: 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. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 56. 57 Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. Prior to issuinq a buildinq permit 58. The Final Map shall be recorded with all pertinent conditions of approval satisfied. Prior to issuinq a certificate of occupancv 59. All utilities shall be operational. All essential project improvements shall be constructed prior to occupancy. BUILDING AND FIRE BUILDING CODES 61. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. FIRE FLOW/FIRE HYDRANTS 63. Project shall have a fire flow based on the California Fire Code appendix III-A. FIRE SPRINKLERS 64. Prior to Occupancy, all new buildings must be fully sprinklered per Building and Fire Department guidelines. RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE 12 OF 13 OTHER APPROVALS 65. Any review costs generated by outside consultants, shall be paid by the applicant. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 66. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 1" meters required for residential fire sprinkler systems. 67 .: .• 70. 71 Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, as required by the area drainage plan for the area being developed. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 72. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 73 74. 75 76 77 Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. � � RESOLUTION NO. 08-2070 TPM 08-004 & PUD 08-002 SEPTEMBER 2, 2008 PAGE 13 OF 13 78. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 79. Affordable Housing in lieu fee, as conditioned for this project. Amount to be calculated by the Community Development Department. PARKS AND RECREATION 80. The applicant shall install street trees to the per City policy and to the satisfaction of the Director of Parks, Recreation and Facilities. ARCHITECTURAL REVIEW COMMITTEE 81. The applicant shall incorporate all recommendations from the Architectural Review Committee meeting of August 4, 2008 meeting into the project. PLANNING COMMISSION 82. The two front visitor parking spaces are to be eliminated and landscaped. There will be no structures built for the remaining uncovered spaces. �