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PC R 99-1735RESOLUTION NO. 99-1735 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP NO. 00-001, LOCATED AT 615 & 617 MYRTLE STREET, APPLIED FOR BY JAMES A. HARRIS WHEREAS, the applicant, James A. Harris, has filed Tentative Parcel Map Case No. 00-001 to subdivide an existing residential parcel of 24,279 square feet into two parcels of 1 1,038 square feet and 13,241 square feet; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 00-001 at a public hearing on February 15, 2000 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the Development Code associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt under Section 15315 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following findings can be made in the affirmative: Tentative Parcel Map Findings 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 or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements are not likely to cause public health problems. 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. Tentative Parcel Map 00-001 Resolution No. 00-1735 Page 2 of 6 6. The site is physically suitable for the type of development that could be permitted in the Single-Family (SF) 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 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map Case No. 00-001, 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 Keen, seconded by Commissioner London, and by the following roll call vote, to wit: AYES: Commissioners Costello, Keen, London, Vice-Chair Parker and Chair Greene NOES: None ABSENT: None the foregoing Resolution was adopted this 15 day of February, 2000. ATTEST: Kathleen Fryer, Commi ion Clerk AS TO CONTENT: Kerry M�CCan Community Development Director ����ld/l.p/Vl ��Q � �/lp_Q/kQ Laurence Greene, Chair � J EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 00-001 APPLIED FOR BY JAMES A. HARRIS, LOCATED AT 615 & 617 MYRTLE STREET COMMUNITY DEVELOPMENT DEPARTMENT General Conditions This approval authorizes the subdivision of a 24,279 square foot parcel into two (2) parcels consisting of 1 1,038 square feet and 13,241 square feet. 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 Parcel Map Case No. 00-001. 3. This tentative map approval shall automatically expire on February 15, 2002 unless the final map is recorded or an extension is granted pursuant to Section 9- 02.140.C. of the Development Code. 4. The applicant shall, as a condition of approval of this tentative map and variance 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. Development .Code 5. The developer shall comply with Development Code Chapter 9-4, "Land Divisions". 6. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." PUBLIC WORKS DEPARTMENT 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 Improvement Requirements 7. Fees - The applicant shall pay all applicable City fees at the time they are due. 8. City standards - All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Tentative Parcel Map 00-001 Conditions of Approval Page 4 of 6 9. Improvement plans - Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). 10. Encroachment permits - The applicant shall be responsible for obtaining an encroachment permit for all work within City right of way. 11. Utilities — All public utilities serving both parcels shall be installed as underground facilities. 12. Utility Company Approvals — All improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works. 13. Water Service - Each parcel shall have separate water meters. 14. Sewer Service - Each parcel shall be provided a separate sewer lateral. 15. Sewer location - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Easements and Dedications 16. Documentation - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8%Z x1 1 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. 17. Recordation — At the time of map recordation, copies of all recorded documents shall be submitted to the City on either mylar sheets or 8'/2 "x1 1" archival quality paper. 18. PUE - A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to Myrtle Street. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 19. Street Tree Easement - A 10-foot wide street tree planting and maintenance easement shall be dedicated adjacent to Myrtle Street. 20. Access and Utility Easement - An easement shall be reserved on the map over Parcel 1 for the benefit of Parcel 2 for private access and utilities. 21 . Driveway Maintenance Agreement - A driveway maintenance agreement shall be entered into for use and maintenance of the shared driveway. The agreement shall be approved by the Director of Public Works. Tentative Parcel Map 00-001 Conditions of Approval Page 5 of 6 n �__ � 22. Myrtle Street Offer of Dedication - A one-foot offer of dedication on Parcel 1 along the Myrtle Street Frontage shall be offered to the City per Parcel Map AG- 75-388. 23. Creek Easements - A ten foot easement for flood control and creek bank maintenance on Parcel 2 shall be offered to the City per Parcel Map AG -75-388. In addition a dedication to the City of an easement 25 back from the creek bank is required for open space, flood control and or green belt purposes per Development Code Section 9-14.060, Paragraph R. 24. Improvements - 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. 25. Financial Securities - 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. The minimum term for Improvement securities shall be equal to the schedule for completion of improvements described in the subdivision agreement. a. b. c. � Performance, 100% of the estimated cost of the improvements. Labor and Materials, 50% of the estimated cost of the improvements. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. Monumentation, 100% of the estimated cost of setting survey monuments. 26. Subdivision Agreement - The developer 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. 27. Tax Certificate - In accordance with Section 9-15.130 of 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. 28. Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. A current subdivision guarantee shall be submitted to the Director of Public Works p�ior to recording the Map. Prior to issuing Certificate of Occupancy 29. All public utilities shall be operational. Tentative Parcel Map 00-001 Conditions of Approval Page6of6 �dUILDING AND FIRE DEPARTMENT 30. Both parcels shall have separate utility connections. PARKS AND RECREATION DEPARTMENT 31. Applicant shall pay applicable Park Development Fees for the additional lot.