PC R 24-2397RESOLUTION NO. 24-2397
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING TENTATIVE
PARCEL MAP 23-002; SUBDIVISION OF AN EXISTING
PARCEL INTO TWO (2) PARCELS; LOCATION — 141
SOUTH ELM STREET; APPLICANT — JEFFREY EMRICK
WHEREAS, the project site is an approximately 12,972 square foot (0.297ac) parcel located
at 141 South Elm Street, and
p
WHEREAS, the applicant has filed Tentative Parcel Map 23-002 to complete a subdivision
of an existing parcel into two (2) parcels; and
WHEREAS, the Staff Advisory Committee considered the project on January 4, 2024 and
recommended approval of the project; and
WHEREAS, In compliance with the California Environmental Quality Act (CEQA), the
Community Development Department has determined that the proposed project
categorically exempt per Section 15315 of the State CEQA Guidelines regarding minor land
divisions.
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on February 6, 2024; and
WHEREAS, the Planning Commission finds, after due study, deliberation, and public
hearing, the following circumstances exist:
Tentative Parcel Map Findings:
1. The proposed tentative parcel map is consistent with goals, objectives, policies,
plans, programs, intent and requirements of the Arroyo Grande General Plan, as
well as any applicable specific plan, and the requirements of this title.
The proposed subdivision of the property is consistent with the goals, objectives,
policies, plans, programs, intent and requirements of the An*oyo Grande General
Plan.
2. The site is physically suitable for the type of development proposed.
As designed, the proposed subdivision is suitable for the existing and proposed
development as the design considerations will allow the project to be built and
exist harmoniously with the existing urban surroundings.
3. The site is physically suitable for the proposed density of development.
The site is an approximately 0.297 ac parcel with existing commercial
development and the site is suitable for additional development based on
conformance with the City's development standards and zoning regulations.
RESOLUTION NO. 24-2397
PAGE 2
4. 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.
The proposed subdivision will not cause substantial environmental damage or
substantially effect wildlife or habitat due to the nature of the existing parcel and
the surroundings, which are entirely urbanized.
5. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The proposed subdivision is not anticipated to be detrimental to the public
health, safety or welfare, nor materially injurious to properties or improvements
in the vicinity, as it will comply conditions of approval specifically developed for
the project.
6. 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.
The proposed subdivision will not conflict with easements held by the public as
any public easements on the property have been extinguished. Furthermore,
additional access easements will be required with this map in order to provide
vehicular and utility access.
7. The discharge of waste from the proposed subdivision 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.
The existing sewer collection infrastructure is of sufficient capacity and in good
quality in order to be able to receive the anticipated sewer volumes generated
by this property.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative parcel map to support project development.
Adequate public services currently exist at the site and are not anticipated to
be affected by this development. All existing services are able to support the
density of the proposed project.
9. For a proposed subdivision that includes, or is adjacent to an agriculture district; the
design of the tentative map or proposed improvements shall provide an adequate
buffer, according to Section 16.12.170(F) and as further determined through
environmental review under CEQA, to minimize potential conflicts between agricultural
RESOLUTION NO. 24-2397
PAGE 3
and non-agricultural land uses and to protect the public health, safety and welfare.
The proposed subdivision is not adjacent to any agricultural land and, therefore,
does not require any agricultural buffers.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande hereby approves Tentative Parcel Map 23-002 as set forth in Exhibit "B", attached
hereto and incorporated herein by this reference, 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 Chair Maraviglia, seconded by Commissioner Roof, and by the following roll
call vote, to wit:
AYES:
Maraviglia, Roof, Buchanan, Sackrison
NOES:
None
ABSENT:
Berlin
the foregoing Resolution was adopted this 6th day of February 2024
RESOLUTION NO. 24-2397
PAGE 4
1
ATTEST:
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
/0 !/ /.tee rel F
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 24-2397
PAGE 5
EXHIBIT `A'
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 23-002
141 SOUTH ELM STREET
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the subdivision of existing parcel into two (2) new
parcels.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval for TPM 23-002.
4. This application shall automatically expire on February 6, 2026 unless the final map
is recorded or an extension is granted pursuant to Arroyo Grande Municipal Code
Section 16.12.140. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
5. Development shall conform to the Gateway Mixed Use requirements except as
otherwise approved.
6. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of February 6, 2024 and on file in the
Community Development Department.
7. To the extent permitted by law, Applicant shall defend, indemnify and hold harmless
the City of Arroyo Grande, its City Council, its officers, employees and agents (the
"indemnified parties") from and against any claim, action, or proceeding brought by a
third party against the indemnified parties and the applicant to attack, set aside, or
void any permit or approval for this project authorized by the City, including (without
limitation) reimbursing the City its actual attorney's fees and costs in defense of the
litigation. The City may, in its sole discretion, elect to defend any such action with
attorneys of its choice. The Applicant shall reimburse the City for any court and
attorney's fees which the City may be required to pay as a result of any claim or action
brought against the City related to this permit or approval. Although the Applicant is
the real party in interest in an action, the City may, at its sole discretion, participate at
its own expense in the defense of the action, but such participation shall not relieve
the Applicant of any obligation under this condition.
RESOLUTION NO. 24-2397
PAGE 6
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
9. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities shall
be restricted to the hours of 7 AM to 5 PM Monday through Friday, and from 9 AM
to 5 PM on Saturdays. No construction shall occur on Sundays or City observed
holidays.
10. All conditions of this approval run with the land and shall be strictly adhered to, within
the time frames specified, and in an on-going manner for the life of the project. Failure
to comply with these conditions of approval may result in an immediate enforcement
action. If it is determined that violation(s) of these conditions of approval have
occurred, or are occurring, this approval may be revoked pursuant to Development
Code Section 16.08.100.
SUBDIVISION CONDITIONS
11. The developer shall comply with Development Code Chapter 16.20 ''Land Divisions'.
12. The developer shall comply with Development Code Chapter 16.64 "Dedications,
Fees and Reservations."
13. A joint maintenance agreement for the common driveway, shared parking and
utility easements shall be submitted for review and approval of the City Attorney.
The joint maintenance agreement shall be recorded prior to or concurrently with the
final map.
GENERAL CONDITIONS
14. For work requiring engineering inspections, working hours shall comply with Standard
Specification Section 5-1.01.
15. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
16. Record Drawings ("as -built" plans) are required to be submitted prior to release of the
Faithful Performance Bond.
17. Submit as -built plans at the completion of the project or improvements as directed by
the Community Development Director in compliance with Engineering Standard 1010
Section 9.3 E. Provide One (1) set of paper prints and electronic documents on CD or
flash drive in both AutoCAD and PDF format. AutoCAD drawings shall be in State
plane coordinates.
RESOLUTION NO. 24-2397
PAGE 7
18. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
19. Provide one (1) new vertical control surrey benchmark, per City Standard, as directed
by City Engineer.
IMPROVEMENT PLANS
20. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the
Public Works Department Engineering Division be separate submittal from any
vertical construction/structures building improvement plans.
21. Improvement plans must comply with Engineering Standard 1010 Section 1 and shall
be prepared by a registered Civil Engineer or qualified specialist licensed in the State
of California and approved by the Public Works Department and/or Community
Development Department. The following plan sheet shall be provided:
a. Site Plan
i. The location and size of all existing and proposed water, sewer, and
storm drainage facilities within the project site and abutting streets or
alleys.
ii. The location, size and orientation of all trash enclosures.
iii. All existing and proposed parcel lines and easements crossing the
property.
iv. The location and dimension of all existing and proposed paved areas.
v. The location of all existing and proposed public or private utilities.
vi. Location of 100 -year flood plain and any areas of inundation within
project area.
b. Grading Plan with Cross Sections
c. Retaining Wall Plan and Profiles
d. Roadway Improvements Plan and Profiles
e. Storm Drainage Plan and Profile
f. Utilities - Water and Sewer Plan and Profile
g. Utilities — Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right -of -Way
k. Tree Protection Plan
I. Details
m. Notes
n. Conditions of Approval and Mitigation Measures
o. Engineers estimate for construction cost based on County of San Luis Obispo
unit cost.
22. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
RESOLUTION NO. 24-2397
PAGE 8
23. Applicant shall fund outsourced plan and map check services, as required.
24. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way (City, County and/or Caltrans).
CURB. GUTTER. AND SIDEWALK
25. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
26. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards. This includes an ADA compliant curb ramp
at the corner of South Elm Street and Sunset Drive and an ADA compliant drive
approach at the Sunset Drive entrance to the property.
27. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach
shall be repaired or replaced to the satisfaction of the Public Works Director.
28. Replace on-site drain in parking lot closest to Sunset Drive with a drain compliant with
City of Arroyo Grande Engineering Standard 3420.
29. Replace drain inlet closest to the corner of South Elm Street and Sunset Drive.
DEDICATIONS AND EASEMENTS
30. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, shall be prepared by the applicant on 8 1/2 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.
31. The subdivider 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.
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
32. FEES TO BE PAID PRIOR TO MAP SUBMITTAL
a. Map check fee for Parcel Map.
b. Plan check for improvement plans (Based on an approved construction
cost estimate).
c. Inspection Fee of subdivision or public works construction plans (Based on
an approved construction cost estimate).
RESOLUTION NO. 24-2397
PAGE 9
d. NOTE. The applicant is responsible to pay all fees associated with outside
plan review consultants)
33. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE
FINAL MAP/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.
b. Park Dedication, the developer shall dedicate land for park purposes.
c. Park Improvement fee, the developer shall pay the current park
improvement fee for each lot approved.