PC R 22-2377RESOLUTION NO. 22-2377
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
CONDITIONAL USE PERMIT 22-006 AND TENTATIVE
PARCEL MAP 22-004; LOCATED AT 992 BENNETT
STREET; APPLIED FOR MARK VASQUEZ
WHEREAS, the applicant has filed an application for Tentative Parcel Map 22-004 and
Conditional Use Permit 22-006 to subdivide an existing, developed lot into two (2) lots in
the Fair Oaks Mixed -Use zoning district and establish two ownership units; and
WHEREAS, the subject parcel is developed with an existing two -unit multi -family dwelling;
and
WHEREAS, the subdivision will allow the two existing multi -family units to be separately
conveyed; and
WHEREAS, the Planning Commission has reviewed the 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 has found and
determined that the project is exempt per Section 15332 (In -Fill Development) of the
CEQA Guidelines; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on December 6, 2022; and
WHEREAS, the Planning Commission 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 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 allowable 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 site is currently developed with a five (5) multi -family residential units
and no additional units are proposed as part of this application.
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3. The site is physically suitable for the proposed density of development.
The project proposes to divide the existing property into two (2) parcels for
to allow the attached multi -family residential units to be conveyed
separately. The subdivision meets all applicable development standards
of the Fair Oaks Mixed -Use (FOMU) zoning district when a conditional use
permit is concurrently approved.
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
has previously been disturbed and 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 due to being in compliance with applicable development
standards 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 appropriate
City Departments 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 by Division 7 (commencing with Section
13000) of the California Water Code.
Conditions of approval for the existing development ensure that the
subdivision will abide by all City and South County Sanitation District
standards relating to sewer system design. Those conditions will remain in
effect with this approval.
8. Adequate public services and facilities exist or will be provided as the
result of the proposed tentative parcel map to support project
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development.
The project is located adjacent to all necessary public facilities and will not
negatively affect the adequacy of those facilities.
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
Multi -family housing not located within a mixed-use project is allowed in
the FOMU zoning district per Section 96.36.030 of the Municipal Code
and is consistent with development standards for the FOMU zoning district
per Municipal Code Section 16.36.020 with the approval of a conditional
use permit.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed multi -family housing project is allowed in the FOMU zoning
district and will not impair the integrity and character of the district as it is
consistent with the General Plan and all applicable development
standards of the Municipal Code.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is suitable for the five -unit multi -family residential project as the
development meets all applicable development standards in conjunction
with approval of the conditional use permit.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
The project is located adjacent to all necessary public facilities and will not
negatively affect the adequacy of those facilities.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity.
The design of the proposed multi -family residential project will not cause
any serious public health problems due to being in compliance with
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applicable development standards of the Arroyo Grande Municipal Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Tentative Parcel Map 22-004 and Conditional Use
Permit 22-006, as presented to the Planning Commission and shown in Exhibit "B",
attached hereto and incorporated herein by this reference as though set forth in full, 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 Guthrie, seconded by Commissioner Maraviglia, and by the
following roll call vote, to wit:
AYES:
Guthrie, Maraviglia, Buchanan, Sackrison, Martin
NOES:
None
ABSENT:
None
the foregoing Resolution was adopted this 6th day of December, 2022.
RESOLUTION NO. 22-2377
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ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
( LENN MARTIN
CHAIR
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 22-2377
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 22-004 &
CONDITIONAL USE PERMIT CASE 22-006
992 BENNETT STREET
This approval authorizes the subdivision of one (1) 8,364 square foot lot into two (2) lots
of 3,615 and 4,749 square feet to allow for the separate conveyance of the existing two
multi -family residential units.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. Ali conditions of approval for Vesting Tentative Parcel Map Case No. 15-001 and
Conditional Use Permit Case No. 15-005 shall remain in effect.
3. Development shall conform to the Fair Oaks Mixed -Use requirements except as
otherwise approved.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of December 6, 2022 and marked Exhibit
«B„
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. All conditions of approval shall be printed on construction plans and included in
construction drawings
7. This approval shall expire on December 6, 2024 unless the final map is recorded
or an extension is granted pursuant to Section 16.12.140 of the Development
Code.
8. All conditions of this approval run with the land and shall be strictly adhered to,
within the time frames specified, and in an on-going manner for the life of the
project. Failure to comply with these conditions of approval may result in an
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immediate enforcement action. If it is determined that violation(s) of these
conditions of approval have occurred, or are occurring, this approval may be
revoked pursuant to Development Code Section 16.08.100.
SUBDIVISION CONDITIONS
9. The applicant shall comply with Development Code Chapter 16.20 "Land
Divisions".
10. The developer shall comply with Development Code Chapter 16.64 "Dedications,
Fees and Reservations".
11. The developer shall comply with Development Code Chapter 16.68
"Improvements".
12. The applicant shall amend the existing Covenants, Conditions and Restrictions
(CC&R's) to include the newly created parcel. The CC&R's shall be submitted for
review by staff and recorded prior to recordation of the final map.
13. The existing joint maintenance agreement for the common landscape, drainage
and access driveway shall be amended to include the new lot and submitted .for
review prior to recordation. The joint maintenance agreement shall be recorded
prior to recordation of the final map.
BUILDING AND LIFE SAFETY DIVISION
BUILDING CODES
14. The project shall comply with the most recent editions of all California Codes, as
adopted by the City of Arroyo Grande.
FIRE LANES
15. All fire lanes must be posted and enforced, per Fire Department guidelines.
FEES
16. Pay all required City fees prior to recordation of the final map.
ENGINEERING DIVISION
17. Applicant shall fund outsourced plan and map check services, as required.
DEDICATIONS AND EASEMENTS
18. Amend the existing blanket easement for purposes of utilities, access, and
landscaping over the common areas to include the newly created parcel.
PUBLIC UTILITIES
19. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to
the Director of Public Works for approval.
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20. Prior to approving any building permit within the project for occupancy, all public
utilities shall be installed and operating to the satisfaction of the Public Works
Director