Loading...
HomeMy WebLinkAboutPC R 24-2406RESOLUTION NO. 24-2406 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE DENYING -WITH PREJUDICE TENTATIVE PARCEL MAP 23-001; SUBDIVISION OF ONE (1) EXISTING PARCEL INTO FOUR (4) NEW PARCELS WITH ONE (1) REMAINDER PARCEL; LOCATION — 444 LIERLY LANE; APPLICANT — BRUCE. VANDERVEEN AND JEANNE HELPHENSTINE; REPRESENTATIVE — KERRY MARGASON, MBS LAND SURVEYS WHEREAS, the existing project site is a 1.31 acre parcel located at 444 Lierly Lane; and WHEREAS, the applicant has filed Tentative Parcel Map 23-001 to subdivide an existing parcel into four (4) new parcels with one (1) remainder parcel; and WHEREAS, the Planning Commission 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 CEQA does not apply to projects which a public agency does not approve pursuant to State CEQA Guidelines Section 15270. WHEREAS, the Planning Commission reviewed the project at a duly noticed public hearing on March 19, 2024. During that meeting, the public hearing was continued to May 7, 2024. The Planning Commission further reviewed the project at a duly noticed public hearing on May 7, 2024. During that meeting, the public hearing was continued to a date uncertain. The Planning Commission again reviewed the project at a duly noticed public hearing on October 15, 2024 and considered all written evidence and oral testimony, and continued the project to a special Planning Commission hearing on October 29, 2024; and WHEREAS, the Planning Commission finds, after due study, deliberation, and public hearing, 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 project does not comply with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed project fails to comply with the following City requirements: A. Circulation Element Policies CT1-1 Standards: Streets shall be constructed in conformance with the City and State's adopted Engineering Standards, Plans, and Policies that apply to each classification. Variations and modifications in RESOLUTION NO. 24-2406 PAGE 2 Standards and planned alignments may be permitted with City Council approval or City Engineer / Public Works Director approval where delegated. The existing private road easement is 8 feet in width and does not meet the adopted constructed private road standard of 24 feet in width for a two-lane private. The applicant will be creating four additional parcels that will generate additional vehicle trips on an existing deficient primary private road .. The physical driveway does not match the location of the easement, and utility poles are located within the easement that further restrict vehicle access. Thus, the deficient primary private road will not accommodate tragic from the proposed Project in a safe manner for residents. B. Arroyo Grande Municipal Code Section 16.20.050.E — Required Access. No land division final map shall be recorded unless public access is provided from each parcel of the land division to a city, county, county service area, community service district, state or federal road that is maintained for public use. Public access to a road maintained by a property owner's association may be allowed if the city council determines that there is no other feasible means of guaranteeing maintenance of the road for public use, and if the association has the unqualified right to maintain the road pursuant to recorded conditions, covenants and restrictions which require the association to maintain the road and such requirement cannot be amended or terminated with the consent of the city. The applicant is proposing a private road in lieu of a public street. The existing private road easement is 8 feet in width and does not meet the adopted constructed private road standard of 24 feet in width for a two- lane private road. The applicant will be creating four additional parcels that will generate additional vehicle trips on an existing deficient private road. Further, the physical driveway does not match the location of the easement, and utility poles are located within the easement that further restrict vehicle access. Accordingly, the deficient primary private road fails to provide public access as the road will be unable to provide safe access for the public. C. City Standard Specifications and Engineering Standards Standards for Private Road — 24 feet The existing private road easement is 8 feet in width and does not meet the adopted constructed private road standard of 24 feet in width for a two-lane private road. The applicant will be creating four additional parcels that will generate additional vehicle trips on an existing deficient private road. Further, the physical driveway does not match the location of the easement, and utility poles are located within the easement that further restrict vehicle access. 2. The site is physically suitable for the type of development proposed. RESOLUTION NO. 24-2406 PAGE 3 The site isnot suitable for -the type and intensity of:development proposed. The proposed subdivision -does not- utilize a.design that is compatible with -the surrounding neighborhood .due to providing substandard access, which will affect property owners adjacent to the proposed site. 3. The site is physically suitable for the proposed density of development. The site is not physically suitable for the proposed density of development because the. project has substandard access. 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the tentative parcel map was designed to minimize potential environmental impacts and is not anticipated to cause substantial environmental damage if approved 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposal consists of substandard access, therefore, the project is likely to cause serious public health problems. The existing private road easement is 8 feet in width and does not meet the adopted constructed private road standard of 24 feet in width for a two-lane private road. The applicant will be creating four additional parcels that will generate additional vehicle trips on an existing deficient private road. Further, the physical driveway does not match the location of the easement, and utility poles are located within the easement that further restrict vehicle access. Thus, the design of the subdivision is likely to cause serious public health problems. 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 tentative parcel map will not interfere with existing access easements owned by the public at large. The proposed project does not provide altemate easements for access that are substantially equivalent to the ones previously acquired by the public. The existing private road easement is 8 feet in width and does not meet the adopted constructed private road standard of 24 feet in width for a two-lane private road. 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. RESOLUTION NO. 24-2406 PAGE 4 The project site currently has access to the community -sewer. system and is not anticipated to result in a violation of existing. requirements. 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 site has substandard access to the parcel. This substandard access affects the ability of public service vehicles and emergency responder vehicles to access the proposed parcels. The proposal does. not provide additional access facilities that would resolve the substandard private access. 9. For a proposed subdivision that includes, or is adjacent to an agriculture district; the design of the tentative map or proposed improvements shall provide an adequate buffer, according to Section 16.12.170(F) and as further determined through environmental review under CEQA, to minimize potential conflicts between agricultural and non-agricultural land uses and to protect the public health, safety and welfare. The proposed project is not adjacent to any agricultural lands and, therefore, no agricultural buffer is proposed or required. Subdivision Map Act Findings For the reasons set forth above, the Planning Commission hereby finds that the proposed Tentative Parcel Map 23-001 is not consistent with the General Plan or the Development Code, the design or improvements of the proposed subdivision are not consistent witht General Plan or the Development Code, the site is not physically suitable for the type of development or density proposed, and the design of the subdivision is likely to cause serious public health problems. (Gov. Code, § 66474(a), (b), (c), (d), and (f); see also van't Rood v. County of Santa Clara (2003) 113 Cal.AppAth 549, 564 [proposed subdivision must be consistent with applicable zoning ordinances and local general plan].) NOW, THEREFORE, BE IT RESOLVED and given the forgoing, the Planning Commission of the City of Arroyo Grande hereby denies with prejudice Tentative Parcel Map 23-001, attached hereto and incorporated herein by this reference, with the above findings attached hereto and incorporated herein by this reference. On motion by Commissioner Berlin, seconded by Vice Chair Roof, and by the following roll call vote, to wit: AYES: Berlin, Roof, Buchanan, Sackrison and Maraviglia NOES: None ABSTAIN None ABSENT: None the foregoing Resolution was adopted this 29th day of October, 2024 RESOLUTION NO. 24-2406 PAGE 5 r . JAMIE MARA GLIA CHAIR ATTEST: PATRICK HOLUB SECRETARY TO THE COMMISSION AS TO CONTENT: BRIAN PEDROTTI COMMUNITY DEVELOPMENT DIRECTOR