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PC R 99-1693RESOLUiION NO. 99-1693 A RESOLUTtON OF THE PLANNING COMMISSION OF .THE C1TY OF ARROYO GRANDE APPROVING TENTATiVE PARCEL MAP CASE NO. 98-256, LOCATED AT 1530 CHILTON STREET, APPLIED . FOR BY WlLL1AM R.� HALLMARK WHEREAS, the applicant, Wiiliam R. Ha(fmark, has filed Tentative Parcel Map 98-256 to subdivide an existing parcel of 25,631 square feet into two parcels of 7,238 s.quare feet and 18,393 square feet, respectively, as illusvated in Exhibit "A"; and WHEREAS, the existing. parcel is zoned both Single Famiiy Residential (SF} and Office Professional (0) and Tentative Parcel Map 98-256 would establish a property boundary between these two zoning designations; and WHEREAS, the existing parcel is legal nonconforming with regard to lot width and the Planning Commission has approved a Minor Exception .allowing a deviation from the required minimum lot width by making the following findings: 1. That the strict or literal interpretation and endorsement of the specified �' regu(ation would result in practical difficulty or unnec2ssary physical hardship;' 2. Tfiat ttiere are exceptional circumstances or conditions applicable to the " _ propercy involved or to the intended use of the property that do not apply generally to other properties in the same District; 3. That strict or litera( interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other properry owners in the same District; 4. That the granting of the Minor Exception will not constitute a grant of special priviiege inconsistent with the timitations on other properties classified in the same District and will not be detrimental to the pubtic health, safety, or welfare, or materially injurious to properties or improvements in the vicinity; 5. That the granting of a Minor Exception is consistent with the objectives and policies of the General Plan and the intent of the Development Code; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 98-256 at a public hearing on April 20, 1999 in accordanca 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 documerits associated therewith; and Resolution No. 99-1693 TPM 98-256 Page 2 of 6 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. C:� 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 Single Family Residential and Office Professional Districts. 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, properry 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. 98-256, with the above findings and subject to the conditions as set forth in Exhibit "B", attached hereto and incorporated herein by this reference. Resolution No. 99-1693 TPM 98-256 Page3of6 � On motion by Commissioner � , seconded by Commissioner , and by the foliowing rol! caii vote; to wit: . � AYES: NOES: ABSENT: the foregoing Resolution was adopted this 20�' day of April, 1999. A7TEST: , �( -�1/I � � ( �/1 fl/{�la � Kathleen Fryer, Commis n Clerk Laurence Greene; Chair AS TO CONTENT: Henry Engen, AICP Interim Community Development Director EXHIBIT r /y� � 3 i s � �a � d � � � _ �'��. �� a�� _$��.�� ; c �� < � n i �` i � � � � � � Q i � .i � i�� • I!` � ° � � z �it� i ,� r � a � > � � ��; � � v � � '�• ` — � �, _, z ,� . � v� � � � z �� ' � _ � �! 1� �� U� � � � C d �--� . , � _ � � � _� � � � � i� � Y y w s s � � � � � �a 1�� ; � �� = � f . �� , �..c � .f 7 ; _� �$ i � �s� I � g , - �� , as�r • a � �� Q 1 � 00 , Q s� ��3R p � �� z� �� `� � � � � � �= � �� •- �� ` � .arM ♦�fr,ir�f.�. � ' � ,� � V � � � ( �� W � ; � °� � � I E � }ry�r � � � � � � � � I �i � i y� � �. �� _ �� 1 �1-iQLTO t�t�A 1lE�v1l ;, � r� Resolution No. 99-1693 TPM 98-256 Pa9e 4 of 6 EXHIBIT "B" - CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP CASE NO. 98-256 William R. Hallmark 1530 Chilton Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approvai authorizes the subdivision of a 25,631 squa�e foot parcei into two (2) parcels consisting of 7,238 square feet and 18,393 square feet. 1. 2. The applicant shali 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. 98=256. ' 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their. meeting of April 20, 1999 and marked Exhibit "A". 4. This terstative map approval shall automatically expire on April 20, 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 ihis 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 [� 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." Resolution No. 99-1693 TPM 98-256 Page 5 of 6 PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit; uniess specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS � � 10 11. 12. 13. 14. 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. Upon approval of the improvement pians, the applicant shall provide a reproducibie 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). The�developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt traciced 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. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. All grading shall be done in accordance with the City Grading Ordinance. All new public utilities shall be installed as underground facilities. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 15. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 81 /2 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. 16. A Public Utility Easement (PUE) shall be dedicated 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. 17. 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. Resolution No. 99-1693 TPM 98-256 Pafle 6 of 6 18. A current preliminary title report shall be submitted prior to checking the map. A current subdivision guarantee shali be submitted to the Director of Public Works prior to recording the Map. 19. The applicant shall provide bonds or other financial security for the foilowing. All bonds or security shali be in a form acceptable to the City, and shall be provided prior to recording of the map. a. Monumentation. 100% of the estimated cost of setting survey monuments. b. 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 properry. I � SPEC/AL CONDIT/ONS 20. Per Section 66411.1 of the subdivision Map Act, a notice shall be placed on the final parcel map. The statement shall indicate that at the time of development of Parcels, onsite and offsite improvements may be required, including the following: a. Widening of El Camino Real. �� b. Curb, gutter and sidewalk along the properry frontage of EI Camino Real and extending to match the existing facilities. c. The extension of a water main within EI Camino Real, to provide adequate fire service. d. Slope stabilization. e. Tree removal mitigation. 21. Private easements shall be reserved on the map, or other separate document approved by the City, for the following: a. Sewer easement on Parcel 2 in favor of Parcel 1 for the sewer lateral. b. Drainage easement on Parcel 2 in favor of Parcel 1. 22. The existing easements for waterline and sewer shall be shown on the map. The applicant shall verify that the existing sewer easement is aligned with the existing sewer to the satisfaction of the Director of Public Works. If necessary, a new easement shall be offered on the map. : FEES AND BONDS FOR ALL CITY DEPARTMENTS 23. The applicant shall pay all applicable City fees. The City is currently studying all development impact and processing fees. The City is also in the process of developing a fire impact fee. Certain development impact fees are adjusted annually. The developer shall pay the updated fees in effect at the time of payment, except that the fees paid shall not exceed 150 percent of the fee in effect at the time of this tentative map approval. a. Map Check fee for Parcel Map (5215 + 511.00 per lot)