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.
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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.
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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.
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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.
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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:
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TERESA Mc ISH,
ACTING COMMUNITY DEVELOPMENT DIRECTOR
CAR RAY CHAI�
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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
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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.