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PC R 07-2052RESOLUTION NO. 07-2052 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP 07-003; APPLIED FOR BY SHARON F. BILLON; LOCATED AT 210 TRAFFIC WAY WHEREAS, the Planning Commission of the City of Arroyo Grande has considered the application for Tentative Parcel Map 07-003; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings: �l 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. 2 3 The proposed tentative parcel map meets or exceeds all applicable development standards for the Village Mixed-Use (VMU) zoning district. The site is physically suitable for the type of development proposed. The site is currently developed with two (2) office buildings; no further development is proposed. The site is physically suitable for the proposed density of development. The site is currently developed with two (2) office buildings; no increase in development density is proposed. 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 design of the tentative parcel map reflects the existing development of the property; it will not cause any environmenta/ damage nor injure fish, wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision creates one (1) individual lot for each office building that fully conforms to Development Code standards; it will not cause PLANNING COMMISSION RESOLUTION 07-2052 TENTATIVE PARCEL MAP 07-003 DECEMBER 4, 2007 PAGE20F5 any public health problems. 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 will retain easements acquired by the public at large or otherwise create the necessary public easements for utilities and street trees. 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 by Division 7(commencing with Section 13000) of the California Water Code. The discharge of waste from the proposed subdivision into the City's sewer system will not result in violation of existing requirements of the California Water Code, as there will be no increase in discharge caused by the subdivision. 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 existing office buildings are currently served by adequate public services and facilities; the proposed tentative parcel map will not increase the demand on public services nor facilities. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 07-003, based on the above findings and subject to the Conditions of Approval as described in Exhibit `A'. On motion by Commissioner Barneich, seconded by Commissioner keen, and by the following roll call vote, to wit: AYES: Commissioners Barniech, Keen, Tait, and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 4 th day of December, 2007. PLANNING COMMISSION RESOLUTION 07-2052 TENTATIVE PARCEL MAP 07-003 DECEMBER 4, 2007 PAGE30F5 ATTEST: � � �� LYN REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: COMMUNITY DEVELOPMEf�T DIRECTOR PLANNING COMMISSION RESOLUTION 07-2052 TENTATIVE PARCEL MAP 07-003 DECEMBER 4, 2007 PAGE40F5 EXHIBIT `A' CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 07-003 210 TRAFFIC WAY This approval authorizes the subdivision of an 11,338 square-foot mixed-use property into two (2) parcels of 6,101 and 5,237 square-feet, respectively. COMMUNITY DEVELOPMENT DEPARTMENT STANDARD 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 Tentative Tract Map 07-003. 3. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. PUBLIC WORKS DEPARTMENT STANDARD 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. DEDICATIONS AND EASEMENTS 4. Dedicate a public utility easement 6' wide adjacent to all public rights of way. 5. 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. 6. 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. PLANNING COMMISSION RESOLUTION 07-2052 TENTATIVE PARCEL MAP 07-003 DECEMBER 4, 2007 PAGE 5 OF 5 7. 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 Pay all required City fees at the time they are due. Fees to be paid prior to plan approval: a. Map check fee AGREEMENTS 10. 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. IMPROVEMENT SECURITIES 11. 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 12. 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. 13. 14 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.