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PC R 06-1995� � RESOLUTION NO. 06-1995 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP 05-004 AND PLANNED UNIT DEVELOPMENT 05-003; LOCATED AT 137 JUNIPER STREET; APPLIED FOR BY PATRICK MCKENNA. WHEREAS, the applicant has filed Tentative Parcel Map 05-004 and Planned Unit Development 05-003 to subdivide a 9,289 square foot property into two lots, construct a new home and remodel an existing residence; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map 05-004 and Planned Unit Development 05-003 at a duly noticed public hearing on April 18, 2006 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. �a 3. The proposed tentative parcel map would allow the site to be developed with an allowed use and at a density that is consistent with both the City's General Plan and Municipal Code. The site is physically suitable for the type of development proposed. The project site is 9,289 square feet in area (10,922 square feet gross), flat and is located within an urbanized area with major infrastructure already in place. The property is zoned Mu/ti-Family (MF), which is intended as an area for development of small lot single-family detached, single-family attached, and multifamily attached residential dwelling units, mobilehomes, and certain senior housing types, at a maximum allowable densify of 9.0 dwelling units per gross acre. The site is physically suitable for the proposed density of development. The project proposes 2 units on a 0.21-acre site, which is flat and located in an urbanized area. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAG E 2 of 14 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 has been previously developed with a single-family home and is located in an urbanized area. 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 provides adequate vehicular and pedestrian access to each proposed lot and the project is similar to existing adjacent developments. 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 Spruce Street, 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 ensures that the subdivision will abide by all City and South County Sanitation District standards relating to sewer system des�gn. 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 facilities. Planned Unit Development Findings The proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; The revised project is consisfent with the General Plan policies, specifically Table LU-1. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE 3 of 14 2. The site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required; The revised project provides for usable and functional open space, parking and landscaping consistent with fhe Municipal Code. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways; The project will take access from Juniper Street and will not generate a substantial number of daily or peak-hour vehicle trips. 4. Adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and � that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare; The revised development is located adjacent to or in close proximity to all necessary public services. The proposed development will nof cause a reduction in these services to other properties in the vicinity so as to be a detriment to public , hea/th, safety or we/fare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area; The revised development is consistent with the use and density as described in both the City's General P/an and Municipal Code and is consistent with development on adjacenf properties. 6. The improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards; There is minimal hazard risk on the project site, limited only to possible seismic events; all buildings developed on the project site will be sprinklered per Building & Fire Department Guidelines. 7. The proposed development carries out the intent of the planned unit development provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards; The revised development provides a more efficient use of the land than could be achieved through the strict application of Multi-family zoning district development RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE 4 of 14 standards, specifically relating to private and usable open space and off-street parking provisions. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). The revised development complies with the City's performance standards for p/anned unit developments. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 05-004 and Planned Unit Development 05-003, 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 Parker, seconded by Commissioner Tait, and by the following roll call vote, to wit: AYES: Commissioners Parker, Tait and Chair Fellows NOES: None ABSENT: Commissioners Brown and Ray the foregoing Resolution was adopted this 18 day of April, 2006. ATTEST: h — LY REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: ROB' STRONG; \ COMMUNITY DEVELOP ENT DIRECTOR � CHUCK FELLOWS, CHAIR � ,� �� RESOLUTION NO. 06-1995 TPM 05-004 � PUD 05-003 APRIL 18, 2006 PAGE5of14 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 05-004 PLANNED UNIT DEVELOPMENT 05-003 This approval authorizes the subdivision of 0.21 acres into two (2) lots and the construction of a new home and remodeling of an existing residence, both to be approximately 1,900 square feet in living area. • 11 11 ► � • ' 11 ► � ' : � 11 ► GENERAL CONDITIONS: 1. 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 05-004 and Planned Unit Development 05-003. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of April 18, 2006 and marked Exhibit ., 4. This tentative map approval shall automatically expire on April 18, 2008 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. � • : . 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. 6. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: a. Public Utility Easement — 6' wide, adjacent to the public right of way, b. Street Tree Easement — 10' wide adjacent to the public right of way. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAG E 6 of 14 7. Impact fees to the following capital improvement project outlined in the City Wastewater Master Plan: a. Ash Street Sewer Upgrade. 8. The project shall be forwarded to the South San Luis Obispo County Sanitation District for their comments, as this project will impact the "Bakeman Bottleneck". 9. The applicant shall locate the proposed water service for the new residence within the sidewalk of the project frontage. 10. The applicant shall retain all increased storm water runoff on-site. 11. The applicant shall overlay Juniper to the centerline of the road across the project frontage. 12. The applicant shall remove and replace any damaged or broken curb, gutter and sidewalk in the project frontage. 13. The applicant shall prepare a Common Driveway Maintenance Agreement for review and approval by the City Attorney and the Director of Public Works for maintenance of the common driveway and other common facilities. ' : 1 •:. � 'G: ►I ► .��. • •►� •► ► : L • ► � �T�E.� 14. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 15. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. ►�':• u ► ' :►� 16. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. r u RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE7of14 17. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 18. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. � 20 21 The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 22. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. I�i4_���: 23. 24. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006' PAG E 8 of 14 25. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 26. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. � : 27. 28. 29. 30. 31. Each parcel shall be provided a separate sewer lateral. All sewer laterals within the public right of way must have a minimum slope of 2%. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. � : �iyrl���1�9 32. 38. 39. 40. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. Underground improvements shall be installed prior to street paving. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. Submit the Final Map shall to the public utility companies for review and comment Utility comments shall be forwarded to the Director of Public Works for approval. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE9of14 41. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. : � 42. Obtain approval from the Director of Public Works prior to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 43. 44. 45. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. All street repairs shall be constructed to City standards. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. :: : �►� � � • . 46. 47. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. ;:� ► 48. PerForm all grading in conformance with the City Grading Ordinance. I�7v_\I►/_�e�q 49 50 51 All drainage facilities shall be designed to accommodate a 100-year storm flow. All drainage facilities shall be in accordance with the Drainage Master Plan. The project is in Drainage Zone "A" and will be required to retain all increased storm water runoff on-site. � � � •► :►� � ►� ► 52. 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 RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE 10 of 14 calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 53. Abandonment of public streets and public easements shall be listed on the final map, in accordance with Section 66499.20 of the Subdivision Map Act. 54. 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. 55. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 56. Private easements shall be reserved on the map over the proposed common driveway for the following: a. b. c. ' : ►I � 57. � FFFS 59. Drainage. Private utility services. Access. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. Obtain a grading permit prior to commencement of any grading operations on site. Pay all required City fees at the time they are due. 60. Fees to be paid prior to plan approval: a. Map check fee b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE 11 of 14 e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. ' : 11 ► 61. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 62. Subdivision Improvement Agreement: 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. ►� ' : • ►� ► : 63. 64. 65. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. 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. • . : �• �� ► •► 66. 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. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE12of14 67 :: 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. �• . . �. . :Tmr. �. .- �� 69. The Final Map shall be recorded with all pertinent conditions of approval satisfied. Prier te isc�in� a cPrtificate of ecc�pa� 70. All utilities shall be operational. 71. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. : � ► •� 72. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. : ': ►. : 73 74 Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. t::►�•►►� ► ►•► •► •:►� ► 75. Prior to map recordation, issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. � 1� • • ► ' : ►� 76. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. Development fees resulting from demolition will be appropriately credited to the property. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAG E 13 of 14 OTHER APPROVALS 77. Any review costs generated by outside consultants, shall be paid by the applicant. • : - t 1 ': •: • �► • � : � ► ' :►� 78. 79. 80. 81. 82. 83. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, as required by the area drainage plan for the area being developed. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 84. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 85 :. : Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 88. - Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 89. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 06-1995 TPM 05-004 & PUD 05-003 APRIL 18, 2006 PAGE 14 of 14 90. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 91. Affordable Housing in lieu fee, as conditioned for this project. � � :- , •u�� 92. Prior to issuance of building permits, final landscape, site plan and elevation based upon the motion of the April 3, 2006 ARC meeting must be reviewed and approved by the Architectural Review Committee. .�� �. .���� .� 93. The front house shall be redesigned to a size of approximately 1,900 square feet of living area and in a manner that increases usable open space to the requirements of the Municipal Code. Final plans shall be reviewed by the Architectural Review Committee for conformance with Planning Commission direction. 94. The existing tree near the driveway shall be retained. 95. The applicant shall utilize two street trees at the front of the property. 96. The applicant shall retrofit the front house with low flow water fixtures. 97. The shared driveway agreement shall include language indicating that the retention basin shall not be filled-in without approval by the City of Arroyo Grande. , , ��