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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.