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.
`
�