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PC R 14-2210 RESOLUTION NO. 14-2210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP NO. 14-001 AND PLANNED UNIT DEVELOPMENT NO. 14-001; 1450 CHILTON STREET; APPLIED FOR BY PATRICK KIMBELL & CARLOS CASTANEDA ' WHEREAS, the subject property is zoned both Single Family Residential (SF) and Office Mixed Use (OMU); and WHEREAS, applicant has filed Vesting Tentative Parcel Map No. 14-001 and Planned Unit Development No. 14-001 to subdivide the 15,779 square foot property into two (2) parcels of 7,250 square feet and 8,529 square feet consistent with the dual zoning; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Vesting Tentative Parcel Map No. 14-001 and Planned Unit Development No. 14-001 at duly noticed public hearings on May 20, 2014 and June 3, 2014 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 15061(b)(3) 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: 1. 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. Parcel 2 is already developed with a duplex and no development is currently proposed for Parcel 1. Parcel 1 is physically suitable for development consistent with the OMU zoning district since it is 8,529 square feet in area, relatively flat and is located within an urbanized area with major infrastructure already in place. The OMU zoning district is intended to provide for a mixture of commercial, office and multi- family residential uses compatible with the surrounding neighborhood. RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 2•.• 3. The site is physically suitable for the proposed density of development. The project proposes to divide the existing property into two (2) parcels consistent with the dual zoning. Parcel 2 would be larger than the required minimum lot size for the SF zoning district and would have a larger rear yard setback than required to provide greater separation of uses. Parcel 1 would adhere to development standards of the OMU district at the time of development, which must be primarily commercial, and all development will occur within a defined building envelope. 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 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. 5. 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. Future development of Parcel 1 will be required to meet 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. 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 approval 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 to all necessary public facilities and will not negatively affect the adequacy of those facilities. Planned Unit Development Findings: RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 3 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. There is no proposed development at this time. Future development of Parcel 1 will be principally commercial with a maximum of two (2) residential units subordinate to the commercial use. All development will be within the designated building envelope, and will be subject to the development standards of the OMU zoning district, consistent with applicable goals, objectives and programs of the General 'Plan. Parcel 2 is already developed with a duplex. The property is not within a specific plan area. 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. Parcel 1 can accommodate development of a commercial use or commercial mixed- use consistent with the OMU zoning district. The parcel is 8,529 square feet in size, is rectangular in shape, gently sloped, and has an adequate building envelop delineation. Parcel 2 is already developed with a duplex. 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. Parcel 1 has direct access to El Camino Real, which is a public street. Parcel 2 fronts on Chilton Street and is already developed with a duplex. 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. Subdivision of the property and future development of Parcel 1 will not result in a reduction in public services such as to cause a detriment to public health, safety or welfare to properties in the vicinity. 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. . RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 4 Subdivision of the dual-zoned property is consistent with existing surrounding properties, which were also dual-zoned and subsequently subdivided along the zoning boundary. 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. The proposed subdivision and future development of Parcel 1 will comply with all applicable California Building Code (CBC) requirements relating to seismic and fire hazards. The site is not subject to flooding, and there are no steep slopes present on the site. 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 subdivision provides a more efficient use of the land than that which could be achieved through the strict application of OMU zoning district development standards. Dividing the property along the zoning boundary allows for a clean separation of uses. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). There is no proposed development at this time. The proposed subdivision delineates a building envelop for Parcel 1. Future development of Parcel 1 will require a Conditional Use Permit per Section 16.36.030 of the Arroyo Grande Municipal Code. Adherence to applicable performance standards will be assessed at the time of application submittal. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Vesting Tentative Parcel Map No. 14-001 and Planned Unit Development No. 14-001, 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 Commissioner Russom, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Russom, Keen, Goss, Sperow, Martin NOES: None ABSENT: None RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 5 the foregoing Resolution was adopted this 3rd day of June, 2014. ATTEST: D bk) Gzv cf�eA DEBBIE WEICHINGER JENNM ER MARTIN SECRETARY TO THE COMMISSION CHAIR AS TO CONTENT: TE ESA CCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP NO. 14-001 PLANNED UNIT DEVELOPMENT NO. 14-001 1450 Chilton Street Patrick Kimbell & Carlos Castaneda This approval authorizes the subdivision of a 15,779 square foot property into two (2) parcels of 7,250 and 8,529 square feet consistent with the dual zoning of the property (SF and OMU). 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 Vesting Tentative Parcel Map No. 14-001 and Planned Unit Development No. 14-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at its meeting of June 3, 2014 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on June 3, 2016 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. PLANNING DIVISION 6. Future development of Parcel 1 shall primarily be commercial use (as allowed in the Office Mixed Use (OMU) zoning district). Any residential use must be clearly subordinate, incidental and accessory to the principal commercial use. Any residential development shall not exceed fifty percent (50%) of the overall project square footage. Development shall be limited to the area within the delineated building envelop shown on the Tentative Parcel Map (Exhibit B). 7. Condition No. 6 shall be included on the final map. I a RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 7 8. Pursuant to Section 16.36.030 of the Arroyo Grande Municipal Code, a Conditional Use Permit (CUP) is required for all new commercial buildings. As an additional submittal requirement for the Conditional Use Permit application, a health risk assessment shall be provided for any proposed residential use. Recommendations from the health risk assessment shall be incorporated into the design of the project. ENGINEERING DIVISION All conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. GENERAL CONDITIONS 9. For the duration of construction activities, 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 Parks, Recreation and Maintenance. 10. 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 Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. SPECIAL CONDITION 11. Prior to recording the final map, a tree removal mitigation plan shall be submitted, approved by the Public Works Director, and implemented. Tree replacement shall be at a ratio of 3:1 for the six (6) trees previously removed on the project site for a total of eighteen (18) replacement trees. It is expected that the trees will be planted off-site at a pre-approved receiver site within the City. Replacement trees can be a combination of one (1) and five (5) gallon tree sizes, with at least nine (9) five (5) gallon size trees. IMPROVEMENT PLANS 12. Property line for parcel 1 is not at back of sidewalk. No structures shall be constructed within the City's right-of-way. An agreement will be required for any proposed improvements within the City's right-of-way. WATER 13. Each parcel shall have separate water meters. 14. At the time of building permit application, plans shall show 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. RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 8 15. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 16. The existing dwarf hydrant adjacent to the property fence shall be abandoned. 17. The existing 2" waterline on Chilton shall be abandoned per City standards. Water service for addresses 1481 and 1503 shall be connected to the main on El Camino Real. 18. Existing water meter on El Camino Real shall be used to serve Parcel 1. SEWER 19. Each parcel shall be provided a separate sewer lateral. Sewer lateral on El Camino Real to serve Parcel 1 shall be required. This will require permission from City Manager for any trenching on El Camino Real. New paving from property line to property line shall be expected. 20. All sewer laterals within the public right of way must have a minimum slope of 2%. 21. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 22. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 23. The existing sewer easement between the parcels shall be protected. The map shall include a note indicating that there shall be no construction or planting within this easement. PUBLIC UTILITIES 24. Prior to issuing a building permit for Parcel 1, all new and existing overhead public utilities shall be placed underground in accordance with Section 16.68.050 of the Development Code. STREETS 25. Obtain approval from the Director of Public Works 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, slurry seal, or fog seal. 26. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. I 27. All street repairs shall be constructed to City standards. RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 III PAGE 9 DRAINAGE 28. Erosion control shall be maintained until Parcel 1 has been developed or vegetation to cover all the disturbed area has been established. DEDICATIONS AND EASEMENTS 29. 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. 30. 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. 31. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. PERMITS 32. 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. 33. A grading permit is required prior to commencement of any grading operations on site. FEES 34. Pay all required City fees at the time they are due. 35. 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. RESOLUTION NO. 14-2210 VTPM 14-001 & PUD 14-001 JUNE 3, 2014 PAGE 10 e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 36. Impact fees to specific capital improvement projects as determined by the Community Development Director. IMPROVEMENT SECURITIES 37. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. OTHER DOCUMENTATION 38. 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. 39. 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