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PC R 09-2083RESOLUTION NO. 09-2083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP 08-006; APPLIED FOR BY DENNIS LOHOF WHEREAS, the applicant has filed Vesting Tentative Parcel Map 08-006 to subdivide a 0.24 acre lot developed with two houses and a converted accessory building; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map 08-006 at a duly noticed public hearing on June 2, 2009 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and have determined that this project is categorically exempt per Section 15315 of the CEQA Guidelines: and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that 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 tentative parcel map is consistent with minimum site development standards including minimum lot size, width and setbacks as presented in Table 16.36.020(D) of the Municipal Code. The proposed tentative parcel map and the existing residential uses on fhe property are consistent with the land use element of the City's Genera/ Plan specifically LU5 which states "Community commercial, office, residential and other compatible land uses shall be located in Mixed Use (MU) areas and corridors, both north and south of the freeway, in proximity to majorarterial streets." 2. The site is physically suitable for the type of development proposed. The project site is physically suitable for the existing residential uses and the parcel map which creates a total of two lots. The existing lot is 10,500 square feet in area and will be split into two lots of 5,000 square feet and 5,500 square feet respectively. The lot split does not allow for future increase in development density. The property is flat and is located within an urbanized area with major infrastructure already in place. The property is zoned Village Mixed Use, which is intended to provide for a mixture of commercial, office and residential uses compatible with surrounding residential districts. RESOLUTION NO. 09-2083 VESTING TENTATIVE JUNE 2, 2009 PAGE20F6 PARCEL MAP 08-006 3. The site is physically suitable for the proposed density of development. The project divides the existing parcel into two (2) parcels but does not create any additional development opportunities. A condifion of approval mandates the conversion of an inhabited but substandard building into storage. The proposed density is below the maximum allowable density of 15 dwelling units per gross acre for the Village Mixed Use zone. 4. The design of the tentative parcel map likely to cause substantial environmental injure fish or wildlife or their habitat. 5. or the proposed improvements are not damage or substantially and avoidably The design of the parcel map will not cause substantial environmental damage nor will it injure either fish or wildlife or their habitat, as the site is located in an urbanized area. Per conditions of approval, storm water will not exceed hisforical levels. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision will not cause any serious public health problems, as it seeks to divide an already developed property, provides adequate vehicular and pedestrian access to each proposed lot, and meets the performance standards (16.48.120) of the Arroyo Grande Municipal Code. 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 design of the tentative parcel map has been reviewed by City staff and will not conflict with any public easements. Access to the project will be from Traffic Way, which is a public right of way. 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. Conditions of approval ensure that the subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. The project is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilifies. � � RESOLUTION NO. 09-2083 VESTING TENTATIVE PARCEL MAP 08-006 JUNE 2, 2009 PAGE50F6 CONDITIONS 7. Provide a drainage plan insuring that there will be no additional run-off to adjacent private properties, or provide drainage easements from adjacent properties accommodating drainage from the proposed new lots. 8. Repair or replace all lifted or broken sidewalk to the satisfaction of the Director of Public Works. DEDICATIONS AND EASEMENTS 9. Dedicate a public utility easement 6' wide adjacent to all public rights of way. 10. 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, except that street tree easements shall exclude the area covered by public utility easements. 11. 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. 12. Private easements shall be reserved approved by the City, for the following: a. Access, b. Drainage easements, c. Sewer easements, d. Water easements, e. Public Utility Easements. FEES on the map, or other separate document 13. Pay all required City fees at the time they are due. 14. Fees to be paid prior to plan approval: a. Map check fee AGREEMENTS 15. Covenants, Conditions, and Restrictions for the maintenance of the common driveway, common fire line and any other common facilities shall be reviewed and approved by the Director of Public Works and the City Attorney. RESOLUTION NO. 09-2083 VESTING TENTATIVE JUNE 2, 2009 PAGE 6 OF 6 PARCEL MAP 08-006 IMPROVEMENT SECURITIES 16. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 17. Tax Certificate: 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. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City • Council Agenda for approval. � 19. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. BUILDING AND FIRE 20. The rear structure located on Parcel 2 shall be converted to storage use which will entail removing all un-permitted construction, heaters and any other items which make it habitable prior to filing the final parcel map. 21. In the event that Parcel 1 is converted to commercial use, applicant must provide an 8 foot van accessible ADA parking space as well as fire sprinklers. Plumbing for fire sprinklers may be installed at the time the parking area is improved. 22. Pavers installed onsite must be capable of supporting 60,000 Ibs of vehicle weight to allow fire and garbage truck access. PARKS AND RECREATION 23. The applicant shall install landscaping in substantial conformance with plans submitted to and approved by the Planning Commission. � �J RESOLUTION NO. 09-2083 VESTING TENTATIVE PARCEL MAP 08-006 JUNE 2, 2009 PAGE30F6 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 08-006 as shown 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 Commissioner Brown, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Brown, Keen, Barneich, Ruth and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 2� day of June, 2009. ATTEST: i ,Y/ � ir ` LYN REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: � � - TERESA Mc ISH, ACTING COMMUNITY DEVELOPMENT DIRECTOR CAR RAY CHAI� � � RESOLUTION NO. 09-2083 VESTING TENTATIVE PARCEL MAP 08-006 JUNE 2, 2009 PAGE40F6 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 08-006 This approval authorizes the subdivision of 0.24 acres into two (2) lots located 202 Traffic Way (APN 007-483-041). COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map 08-006. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of June 2, 2009 and marked Exhibit �� 4. This tentative map approval shall automatically expire on June 2, 2011 unless the final map is recorded or a time extension is granted pursuant to Section 16.12.140 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. 6. Phasing — Phase 1 as indicated on Landscape plan marked Exhibit "B" and conversion of rear structure to storage will be completed prior to the filing of the Final Parcel Map. Landscaping indicated as Phase 2 on the Landscape plan marked as Exhibit "B" will be completed within one year of filing of the Final Parcel Map. PUBLIC WORKS DEPARTMENT SPECIAL 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.