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PC R 04-1915RESOLUTION NO. 04-1915 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP CASE NO. 03-008, AND VARIANCE CASE NO. 03-007, LOCATED AT 330 TALLY HO ROAD APPLIED FOR BY GREG AND ANDREA MCGOWAN WHEREAS, the applicant has filed Vesting Tentative Parcel Map 03-008 to subdivide a 0.44-acre parcel located at 330 Tally Ho Road into two parcels; and WHEREAS, the applicant has filed Variance 03-007 relating to lot area and allowed density at 330 Tally Ho Road; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Vesting Tentative Parcel Map 03-008 and Variance 03-007 at a public hearing on February 3, 2004 in accordance with the Development Code of the City of Arroyo Grande; and ' WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that the proposed project is categorically exempt under Sections 15305, 15315, and 15332 of the CEQA Guidelines; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings: 1. The proposed Vesting Tentative Parcel Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo �� Grande General Plan and the requirements of the Development Code. 2. The design of the Vesting Tentative Parcel Map is not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements is not likely to cause public health problems. 4. The discharge of waste from the project 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. RESOLUTION NO. 04-1915 PAGE20F9 5. Adequate public services and facilities exist or will be provided as a result of the proposed Vesting Tentative Parcel Map to support project development. 6. The site is physically suitable for the type of development that exists in the Residential Suburban zoning district. 7. The design of the Vesting 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 Vesting Tentative Parcel Map. Variance Findings 1. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. 5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 6. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Vesting Tentative Parcel Map 03-008 and Variance 03- 007 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 Fowler, and by the following roll call vote, to wit: AYES: Brown, Fowler, Arnold, Keen and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 3� day of February, 2004. RESOLUTION NO. 04-1915 PAGE30F9 ATTEST: /�. ��E��i1.�'�� -- LY REARDON-SMITH, COMMISSION CLERK � A � TO C =FENT � ROB S RONG, � COMMUNITY DEVELOP ENT DIRECTOR /ItiPX� � ��/� �� �� � �� �� GI�T`f�RIE, CHAIR RESOLUTION NO. 04-1915 PAGE 4 OF 9 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP 03-008 AND VARIANCE 03-007 330 TALLY HO ROAD • ►, ►, ► � � • • ►, ► � - _ : ►, ► 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 03-008 and Variance 03-007. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of February 3, 2004 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on February 3, 2006 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Development shall conform to the Residential Suburban (RS) requirements except as otherwise approved. 6. 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. AFFORDABLE HOUSING: 7. The applicant shall pay an in-lieu affordable housing fee of 3% of new construction as computed for building permit purposes, for the newly created lot, exclusive of the existing home damaged by the earthquake, paid at the time of building permit issuance. 1=�I�l�IT►C _ ► � : � - •��1:��i��r�►i� GENERAL CONDITIONS: 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. RESOLUTION NO. 04-1915 PAGE50F9 11. Project shall have a fire flow of 1,000 gallons per minute for duration of 2 hours. 12. Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 13. Prior to issuance of a building permit for a new house on parcel 2, a demolition permit must be applied for, approved, and issued, for the removal of the existing house. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT: 14. Water mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. 15 16 17 18 Water distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Water service charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Water supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Traffic impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 461 C.S., Resolution 3021. 19. Traffic signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 346 C.S., Resolution 1955. 20 21 'r�►•l 23 Sewer permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. Building permit fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. All future construction on either parcel must comply with City, State, and Federal flood management requirements. ' � • : . � ' ' : �i �►�� IMPROVEMENTS 24. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. RESOLUTION NO. 04-1915 PAGE60F9 WATER 25. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 26. 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. 27. � 29. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Water services shall be designed to prevent damage or contamination from floodwater. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: • 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, • The applicant may pay an in lieu fee of 52,200 for each new residential unit. SEWER 30. 31. 32. 33. Each parcel shall be provided a separate sewer lateral. 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. Sewer services shall be designed to prevent damage or contamination from floodwater. 34. Pay the proportional impact fee for the Tally Ho Sewer Upgrade. PUBLIC UTILITIES 35. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 36. 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. RESOLUTION NO. 04-1915 PAGE7OF9 37. 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. 38. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 39. 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. .� C�il 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. CURB, GUTTER, AND SIDEWALK 42. 43. Install new sidewalk across the property frontage to match existing sidewalk in front of adjacent properties. Repair any cracked curb and gutter across the property frontage. 44. Utilize saw cuts for all repairs made in curb and gutter. 45. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 46. Due to the property location to the flood plain, site grading shall occur in accordance with Municipal Code Section 13.24.1 10-C. DRAINAGE 47 .; The project is in Drainage Zone " B" and will require storm water be directed to the creek. The applicant must show how site drainage will be handled. 49. The applicant shall submit an engineering study regarding flooding related to the project site. Any portions of th� site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document. Any building occurring within this area shall adhere to all applicable Municipal Code Sections and any other applicable building codes as determined by the Building Department. RESOLUTION NO. 04-1915 PAGE 8 OF 9 D�DICATIONS AND EASEMENTS 50. 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. 51. 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. 52. 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. PERMITS 53. Obtain an encroachment permit prior to performing any of the following: ■ Performing work in the City right of way, ■ Staging work in the City right of way, ■ Stockpiling material in the City right of way, • Storing equipment in the City right of way. FEES 54. Pay all required City fees at the time they are due. 55. Fees to be paid prior to recordation of map ■ Map check fee ■ Plan check for improvement plans based on an approved construction cost estimate. • Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 56. 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. 57. Subdivision Improvement Agreement: The sub divider 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. RESOLUTION NO. 04-1915 PAGE90F9 :�.� 58. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The Improvement securities shall be such that they shall not expire until one-year after the City accepts the improvements. 59. Submit an engineer' s estimate of quantities for public improvements for review by the Director of Public Works. 60. Provide bonds or other financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: ' Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, ' Labor and Materials: 50% of the approved estimated cost of all subdivision improvements ' One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. ' Monumentation: 100% of the estimated cost of setting survey monuments. This bond 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 61. 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. 62. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 63. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. PRIOR TO ISSLIING A B�1ILDINC PERMIT 64. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISS�IINC� A GERTIFIGATE OF OGCLIPANCY 65. All utilities shall be operational. 66. 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. ` �