PC R 99-1714n
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RESOLUTION NO. 99-1714
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP
NO. 99-004 AND VARIANCE NO. 99-006, LOCATED AT 1254
POPLAR STREET, APPLIED FOR BY AMELIA J. BARTHOLOMEW
WHEREAS, the applicant, Amelia J. Bartholomew, has filed Tentative Parcel
Map No. 99-004 to subdivide an existing residential parcel of 21,841 square feet into
two parcels of 1 1,840 square feet and 10,001 square feet; and
WHEREAS, the applicant has filed for a Variance No. 99-006, in conjunction
with the above Tentative Parcel Map No. 99-004, to allow for a Variance to the front
yard setback of Parcel 2; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Tentative Parcel Map Case No. 99-004 and Variance No. 99-006 at a
public hearing on December 7, 1999 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,
provisions of the
that the project
Guidelines; and
the Planning Commission has reviewed this project under the
California Environmental Quality Act (CEQA) and has determined
is Categorically Exempt under Section 15315 of the CEQA
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
1. 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.
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The design of the subdivision or proposed improvements are not likely to cause
public health problems.
The discharge of waste from the proiect into an existing community sewer
Tentative Parcel Map 99-004 and Variance No. 99-006
Conditions of Approval
Page 2 of 4
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system will not result in violation of existing requirements as prescribed in
Division 7(commencing with Section 13000) of the California Water Code.
Adequate public services and facilities exist or will be provided as a result of
the proposed tentative parcel map to support project development.
The site is physically suitable for the type of development that could be
permitted in the Multi-Family (MF) 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.
Variance Findings
1. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary hardship not otherwise shared
by others within the surrounding area.
2. That there are exceptional or extraordinary circumstances or conditions applicable
to the property involved or to the intended use of the property that do not apply
generally to other properties classified in the same zone.
3. That strict or literal interpretation and enforcement of the specified regulation
would deprive the applicant of privileges enjoyed by the owners of other
properties classified in the same zone.
4. That the granting of the variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties classified in the same zone.
5. That the granting of the variance will not be detrimental to the public health,
safety or welfare, or materially injurious to properties or improvements in the
vicinity.
6. That the granting of a variance is consistent with the objectives and policies of
the General Plan and the intent of the Development Code.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Tentative Parcel Map No. 99-004 and Variance No.
99-006, with the above findings and subject to the conditions as set forth in Exhibit
"A", attached hereto and incorporated herein by this reference.
Tentative Parcel Map 99-004 and Variance No. 99-006
Conditions of Approval
Page 3 of 4
On motion by Commissioner Keen, seconded by Commissioner Costello , 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 7` day of December, 1999.
ATTEST:
Kathleen Fryer, Commis ' n Clerk
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Laurence Greene, Chair
AS TO CONTENT:
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Kerry M ants
Community Development Director
Tentative Parcel Map 99-004 and Variance No. 99-006
Conditions of Approval
Page 4 of 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 99-004 AND VARIANCE NO. 99-006,
APPLIED FOR BY AMELIA J. BARTHOLOMEW,
LOCATED AT 1254 POPLAR STREET
COMMUNITY DEVELOPMENT DEPARTMENT
General Conditions
This approval authorizes the subdivision of a 21,841 square foot parcel into two (2)
parcels consisting of 1 1,840 square feet and 10,001 square feet.
1.
2.
The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are appl'icable to this project. �
The applicant shall comply with all conditions of approval for Tentative Parcel
Map No. 99-004 and Variance No. 99-006.
3. This tentative map approval shall automatically expire on December 7, 2001
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.
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The developer shall comply with Development Code Chapter 9-4, "Land
Divisions".
The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations."
PUBLIC WORKS DEPARTMENT CONDITIONS
General Improvement Requirements
7. The applicant shall pay all applicable City fees at the time they are due.
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