PC R 99-1706RESOLUTION NO. 99-1706
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING TENTATIVE
PARCEL MAP CASE NO. 99-002, LOCATED AT 1470
NEWPORT AVENUE, APPLIED FOR BY BRUCE &
MARGARET SUMMERS
WHEREAS, the applicants, Bruce & Margaret Summers, have filed Tentative
Parcel Map 99-002 to subdivide an existing residential parcel of 43,834 square feet
into two parcels of 30,541.5 square feet and 13,292.4 square feet, respectively; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Tentative Parcel Map Case No. 99-002 at a public hearing on September
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, Development Code and the environmental documents
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 circumstances exist:
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
injury to 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.
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The site is physically suitable for the type of development that could be
Resolution No. 99-1706
TPM 99-002
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permitted in the Residential Suburban Design Development Overlay (RS — D
2.6) 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. 99-002, 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 7' day of September 1999.
ATTEST:
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Kathleen Fryer, Commiss n Clerk
AS TO CONTENT:
�rry L. Cants `
Commu ity Development Director
,�L�C�/l,Q/►�tC�tJ V /I'�Q/NQ�
Laurence Greene, Chair
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Resolution No. 99-1706
TPM 99-002
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP CASE NO. 99-002
Bruce & Margaret Summers
1470 Newport Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 43,834 square foot parcel into two (2)
parcels consisting of 30,541.5 square feet and 13,292.4 square feet.
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2.
3.
The applicant shall ascertain and comply with all Federal, State, County and
City requirements as are applicable to this project.
The applicant shall comply with all conditions of approval for Tentative Parcel
Map Case No. 99-002.
Development shall occur in substantial conformance with the plans presented
to the Planning Commission at their meeting of September 7, 1999 and
marked Exhibit "B".
4. This tentative map approval shall automatically expire on September 7, 2001
unless the final map is recorded or an extension is granted pursuant to Section
9-02.140.C. 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.
DEVELOPMENT CODE
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7.
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."
SPECIAL CONDITIONS
8. Prior to recording the final map, the accessory structure located on parcel 2
shall be removed.
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BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
9. The project shall comply with the most recent editions of the California State
Fire and Building Codes and the Uniform Building and Fire Codes as adopted by
the City of Arroyo Grande.
FIRE SPRINKLER
10. Prior to occupancy, all buildings must be fully sprinklered per building and Fire
Department guidelines if any part of the new home is more than 150 feet from
the street.
ABANDONMENT/NON-CONFORMING
1 1. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all nonconforming items
such as septic tanks, wells, underground piping and other undesirable
conditions.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
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13.
14.
15.
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Water Distribution fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
Water Service charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
Water Supply charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ord. 461 C.S., Res. 3021.
Traffic Signalization fee, to be based on codes and rates in effect at the time
of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955.
Sewer Permit fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal code 6-6.405.
Drainage fee, as required by the area drainage plan for the area being
developed.
Construction Tax, the applicant shall pay a construction tax pursuant to
Section 3-3.501 of the Arroyo Grande Municipal Code.
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20. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes
and rates in effect at the time of development in accordance with State
mandate.
21. Building Permit fee, to be based on codes and rates in effect at the time of
development in accordance with Title 8 of the Municipal Code.
PARKS AND RECREATION DEPARTMENT CONDITIONS
22. Prior to issuance of grading permit and during construction, the applicant shall
comply with the provisions of Ordinance 431 C.S., the community Tree
Ordinance.
23. Prior to recording the final map, all trees being removed shall be replaced on
site at a 1:1 ratio as per the Community Tree Ordinance. All significant trees
to be removed must first be approved by the Director of Parks and Recreation
and shall be replaced on site at a 3:1 ratio. The size of all replacement trees
shall be 15 gallon or larger.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS
24. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications, except as
may be modified by these conditions of approval.
25. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing
of dirt or debris to storm drain or sanitary sewer facilities shall not be
permitted. The cleaning shall be done after each day's work or as directed by
the Director of Public Works or the community Development director.
26.
27.
28.
29.
30.
The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right o�f way.
All grading shall be done in accordance with the City Grading Ordinance.
All new public utilities shall be installed as underground facilities except as
noted. Existing above ground electrical and cable services may remain.
Prior to issuing the certificate of occupancy, all public utilities shall be
operational.
The applicant shall pay all applicable City fees at the time they are due.
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31. 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 " x
1 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.
32. Prior to recording the map, a Public Utility Easement (PUE) shall be dedicated a
minimum 6 feet wide adjacent to Newport Avenue. The PUE shall be wider
where necessary for the installation or maintenance of the public utility vaults,
pads, or similar facilities.
33. Prior to recording the map, street tree planting and maintenance easements
shall be dedicated adjacent to Newport Avenue. Street tree easements shall
be a minimum of 10 feet beyond the right of way.
34. Prior to recording the map, a private access easement shall be reserved on
the map, or other document acceptable to the City, over the driveway on
Parcel 2 for the benefit of Parcel 1.
35. Prior to recording the map, an agreement shall be recorded for the shared
maintenance of the driveway. The Director of Public Works and the City
Attorney shall approve the agreement.
36.
37.
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"At the time of development of Parcel 2, the following improvements
shall be required:
a. Parcel 2 shall be provided with a separate water lateral
and meter.
b. Parcel 2 shall be provided with a separate sewer lateral."
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Prior to issuing the certificate of occupancy, all public utilities serving the unit
to be occupied shall be operational.
Each parcel shall have a separate water meter and a separate sewer lateral.
Prior to recording the map, per Section 6641 1.1 of the Subdivision Map Act,
a notice shall be placed on the recordable map as follows:
All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
40. A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the map. Prior to recording the map, a current
subdivision guarantee shall be submitted to the director of Public Works.
41. Prior to recording the map, the applicant shall provide bonds or other financial
security for the following (all bonds or securities shall be in the form
acceptable to the City, and shall be provided prior to recording of the map,
unless noted otherwise):
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A. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
B. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
C. Monumentation, 100% of the estimated cost of setting survey
monuments.
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