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PC R 99-1683RESOLUTION NO. 99-1683 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE INSTRUCTING THE SECRETARY TO FILE A NOTICE OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL �.UALITY ACT AND APPROVING TENTATIVE PARCEL MAP CASE NO. 98-553 AND VARIANCE CASE NO. 98-215 LOCATED AT 423 ORCHARD STREET, APPLIED FOR BY PATRICK AND TERRI SPARROW WHEREAS, the applicant has filed Tentative Parcei Map Case No. 98-553 to subdivide a residential parcel of 18,665 square feet into two parcels of 9,657 square feet and 9,008 square feet; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 98-553 at a public hearing on February 16, 1999 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has considered Variance Case No. 98-215; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code, and has determined that the project is exempt from the California Environmental Quality Act pursuant to CEAQA Guidelines Section 15061; 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 Development Code because the proposed parcels are consistent with the �equired lot areas, and depths as specified in the Development Code, with the exception of the lot widths of the proposed parcels, which are the subject of an application for a variance. 2. This site as shown on the tentative parcel map, is physically suitable for future development because all necessary easements, adequate circulation, parking, and setbacks would be provided. 3. This site as shown on the tentative parcel map, is physically suitable for the proposed project density because the parcel sizes are similar to surrounding lots. 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial and considerable damage to the natural environment, Resolution No. 99-1683 Tentative Parcel Map Case No. 98-553 Variance Case No. 99-001 February 16, 1999 Page 2 of 4 including fish, wildlife or their habitat. 5. The design of the tentative parcel map and the proposed improvements would not cause public health problems. 6. The design of the tentative parcel map and the type of improvements would 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 would be provided, and that these alternative easements would be substantially equivalent to ones previously acquired by the public because there are no public easements through the site. 7. �` The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7(commencing with Section 13000) of the California Water Code. � 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support development of the project site. Variance Findings: 1. The Planning Commission has reviewed and considered the application for a variance from the lot width requirements of the Development Code, and makes the following findings with regard to the application for a variance: a. That strict or literal interpretation and enforcement of the specified regulation would result in practica/ difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. b. That there are exceptional or extraordinary circumstances or conditions applicab/e to the property involved or to the intended use of the properry that do not app/y generally to other properties classified in the same zone. c. 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. d. That the granting of the variance will not constitute a grant of special privi/ege inconsistent with the /imitations on other properties classified in the same zone. Resolution No. 99-1683 Tentative Parcel Map Case No. 98-553 Variance Case No. 99-001 February 16, 1999 . Page 3 of 4 e. That the granting of the variance will not be detrimental to the public hea/th, safety or we/fare, or materially injurious to properties or improvements in the vicinity. f. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this tit/e. California Environmental auality Act fndings: 1. The project involves the division of a parcel of land into less than four parcels and does not create a new land use in connection with the land division. 2. The variance requested is for the purpose of establishing a land use pattern consistent with the neighborhood, and avoiding a design that would create access and design difficulties. 3. The project does not involve the extension of utilities, and would result in the undergrounding of existing utilities at the site. 4. The project will not have the potential for causing a significant effect on the environment, and is therefore exempt from CEQA review pursuant to CEQA Guidelines Section 15061. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby instructs the secretary to file a Notice of Exemption and approves Tentative Parcel Map Case No. 98-553 and Variance case No. 98-215, with the above findings and subject to the conditions of approval as set forth in Attachment "A", attached hereto and incorporated herein by reference. On motion by Commissioner Costello, seconded by Commissioner Keen, and by the following roll call vote, to wit: � AYES: . Commissioners Costello, Keen, Parker and Acting Chair Greene NOES: None ABSENT: One vacancy exists on the Commission The foregoing Resolution was adopted this 16�' day of February, 1999. Resolution No. 99-1683 Tentative Parcel Map Case No. 98-553 Variance Case No. 99-001 February 16, 1999 Page 4 of 4 ATTEST: � Kathleen Fryer, Acting Com i ion Clerk AS TO CONTENT: � Development Director ,lQ,l/Alil'1('D � ()/CL)P�V(Q� Laurence Greene, Acting Chair �_ � � �J CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 98-553; VAR 98-215 Sparrow 423 Orchard Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS � This approval authorizes the subdivision of a 18,665 square foot parcel into two (2) lots of 9,657 square�feet and 9,008 square feet. See Exhibit A. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. � 1. The applicant shall comply with all conditions of approval for Tentative Parcel Map Case No. 98-553. � 2. 3. This tentative map approval shall automatically expire on February 15, 2001 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of February 16, 1999 and marked Exhibit "A". 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 G�ande, 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 6. 7. 8. Development shall comply with Development Code Chapter 9-04, entitled "Land Divisions." The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." Prior to occupancy clearance, the developer shall comply with Development Code Chapter 9-15, "Improvements". Conditions of Approval Tentative Parcel Map Case No. 98-553; VAR 98-215 Page 2 of 7 9. All future improvements on Lot 1 shall conform to Development Code development standards, including side yard setbacks for any addition to the existing residence. BUILDING AND FIRE DEPARTMENT CONDITIONS L���L�� 10. 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 FLOW/FIRE HYDRANTS 11. Project shall have a fire flow of (1000) gallons per minute for a duration of two hours. PUBLIC WORKS DEPARTMENT CONDITIONS . 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 � 12. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall provide proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and . other undesirable conditions. 13. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 14. 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). 15, 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. 16. Per Section 66411.1 of the Subdivision Map Act, a notice shall be placed on the recordable map. The statement shall indicate that at the time of development of Lot 2, onsite and offsite improvements shall be required, Conditions of Approval Tentative Parcel Map Case No. 98-553; VAR 98-215 Page 3 of 7 including the following: , a. Curb, gutter, and sidewalk; (detached) b. Water service and sewer lateral. 17. 18. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. Each lot shall drain to the street without cross lot drainage. STREET IMPROVEMENTS 19. In front of Lot 1, the existing street paving adjacent to the existing curb and gutter shall be repaired. The repair shall provide a full structural section and shall be sloped so that the street drains properly to the gutter. 20. Prior to the issuance of building permits, and/or final map approval, the applicant, or successor in interest, shall submit for review and approval of the City Council, an individual water program to neutralize projected water demand from the project. As an alternative, the applicant, or successor in interest, may pay a deposit of 52,200 per residential unit towards the cost of a City administered water neutralization program. This fee is a deposit, and is made with the understanding that if the final fee obligation is less than the deposited amount, a refund of the difference will be made. DEDICATIONS AND EASEMENTS 21. 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. 22. Street tree planting and maintenance easements shall be dedicated adjacent to the Orchard Street right of ways. Such easements shall be a minimum of 10 feet beyond the right of way. 23. 24. Right of way for Orchard Street shall be offered as designated on the map. Public sewer easements shall be offered on the map, along the south arid east property lines. The easement shall be six (6) feet wide. GRADING AND DRAINAGE 25. All grading shall be done in accordance with the City Grading Ordinance. Conditions of Approval Tentative Parcel Map Case No. 98-553; VAR 98-215 Page4of7 WATER 26. Each parcel shall have separate water meters. Duplex service lines shall be used wherever feasible. WASTEWATER 27. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". The sewer lateral for Lot 1 shall be located entirely on Lot 1. This shall be verified prior to the recordation of the map. 28. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. PUBLIC UTILITIES 29. All new public utilities shall be installed as underground facilities. 30. The developer shall convert existing overhead utilities to underground facilities where shown on Exhibit B. Where shown on Exhibit B, existing overhead utilities may remain as overhead utilities. 31. Prior to approving any building permit within the project for occupancy, all public utilities to the structure shall be operational. 32. 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 for approval. FEES AND BONDS FOR �ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 33. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Parcel Map ($215 + S11.00 per lot). � ,� Conditions of Approval Tentative Parcel Map Case No. 98-553; VAR 98-215 Page5of7 b. Inspection Fee of subdivision or public wo�ks construction plans. Based on an approved construction cost estimate. (4°� of construction costs up to S500,000), plus (3% of construction costs between S500,000 and 51,000,000), plus (2% of construction costs over 51,000,000). 34. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. b. c. d. e. f. 9• h. i. J• k. � Water Mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. 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. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. Street Tree Planting fee, the developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15 gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. 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. Conditions of Approval Tentative Parcel Map Case No. 98-553; VAR 98-215 Page6of7 m. 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. 35. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee of (S30.00). 36. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE FINAL/PARCEL MAP a. Park Development fee, the developer shall pay the current park development fee, and/or donate land in-lieu of, for each lot approved, in accordance with City Ordinance 313 C.S. b. Park Dedication, the developer shall dedicate, in accordance with City Ordinance 313 C.S., land for park purposes. 37. Subdivision Agreement the subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreerrient shall be on a form acceptable to the City. 38. Preliminary 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 Di�ector of Public Works prior to recording the Map. BONDING SURETY 39. Erosion Control, p�ior to issuance of the grading or building permit, all new residential construction requires posting of a S 1,200.00 performance bond for erosion control,.and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. 40. 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 term of the subdivision agreement. . 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. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements.. I � � Conditions of Approval Tentative Parcel Map Case No. 98-553; VAR 98-215 Page7of7 d. Monumentation, 100% of the estimated cost of setting survey monuments. e. 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. f. Curb cuts, the applicant shall construct or bond for construction of individual curb cuts and paved driveways for parcels. � � � �I � �