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PC R 03-1910RESOLUTION NO. 03-1910 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP 03-006 AND PLANNED UNIT DEVELOPMENT 03-004 LOCATED AT 1169 MAPLE STREET, APPLIED FOR BY MILLISSEE K. THOMPSON WHEREAS, the applicant has filed Tentative Parcel Map 03-006 and Planned Unit Development 03-004 to subdivide one (1) parcels totaling 0.33-acres in size, located at 1 169 Maple Street into three (3) parcels with attached residential units; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map 03-006 and Planned Unit Development 03-004 at a public hearing on December 2, 2003 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City' s General Plan and Development Code. 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 15303 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 ' ' 11.• 1� �• 1. The proposed 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 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 RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAG E 2 of 12 (commencing with Section 13000) of the California Water Code. 5. Adequate public services and facilities exist or will be provided as a result of the proposed Tentative Parcel Map to support project development. 6. The site is physically suitable for the type of development that exists in the MFA zoning district. 7. 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. Planned Unit Development Findings: 1. That the proposed development is consistent with the goals, objectives and programs of the General Plan and any applicable specific plan; 2. That 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; 3. That 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; 4. That 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; 5. That 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; 6. That 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; RESOLUTION NO. 03-1910 � DECEMBER 2, 2003 PAGE 3 of 12 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; 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 03-006 and Planned Unit Development 03-004, as shown in Exhibit " B" 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 Fowler, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Fowler, Keen, Brown and Chair Guthrie NOES: Commissioner Arnold ABSENT: None the foregoing Resolution was adopted this 2" day of December, 2003. ATTEST: � LY REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: R�'B STRON�G; " COMMUNITY DEVELO ENT DIRECTOR �I � RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE 4 of 12 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 03-006 AND PLANNED UNIT DEVELOPMENT 03-004 1169 MAPLE STREET � ►� ►� ► � • � ►� ► � • � :--ii- -`- GENERAL CONDITIONS: 1. 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Tentative Parcel Map 03-006 and Planned Unit Development 03-004. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of December 2, 2003 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on December 2, 2005 unless the final map is recorded or an 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. � `] Q Development shall conform to the Multi-Family Apartment (MFA) zoning requirements except as otherwise approved. A fence plan shall be submitted prior to filing the tentative parcel map. No fences shall be constructed in the 3-foot side yard of parcels two and three. Phasing of construction for the project shall be indicated on the tentative and final parcel map. AFFORDABLE HOUSING: I � � 9. The applicant shall pay an affordable housing in-lieu fee of 3% of the cost of construction as computed for building permit purposes, paid at the time of building permit issuance. RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE 5 of 12 � : : � � • ►� ►� 10. Prior to issuance of a landscape plan, subject (ARC). building permit, the applicant shall submit a final to approval by the Architectural Review Committee •�: � •► �►� � � ��: ►i ► GENERAL CONDITION: 11. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to approval by the Parks, Recreation and Facilities Director. � ► �► � � •�: ►I ► GENERAL CONDITIONS: 12. 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. 13. 14 15. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. The project shall have a fire flow of 1,000 gallons per minute for a duration of two (2) hours. . Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department Guidelines. 16. Prior to 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. 17. Prior to issuance of a building permit, a demolition permit must be applied for, approved and issued. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT: 18. 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. RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE 6 of 12 19. 20. 21. 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. 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. 23. 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. 24. 25. 26 27. 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. Drainage fee, as required by the area drainage plan for the area being developed. 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. SPECIAL CONDITION: 28. Fee credits will be made for existing buildings as allowed. 29. 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. 30. 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. IMPROVEMENT PLANS 31. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. RESOLUTION NO. 03-1910 ' DECEMBER 2, 2003 PAG E 7 of 12 32. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 33. 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. 34. 35. 36. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: ■ Grading, drainage and erosion control, ■ Street paving, curb, gutter and sidewalk, ■ Public utilities, ■ Water and sewer, • Landscaping and irrigation, ■ Any other improvements as required by the Director of Public Works. The site plan shall include the following: ■ The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ■ The location, quantity and size of all existing and proposed sewer laterals. ■ The location, size and orientation of all trash enclosures. ■ All existing and proposed parcel lines and easements crossing the property. ■ The location and dimension of all existing and proposed paved areas. ■ The location of all existing and proposed public or private utilities. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 37. Landscape and irrigation plans are required 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. WATER 38. 39. 40. 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. Lots using fire sprinklers shall have individual service connections. If the units RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE8of12 41. 42. . 43. are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 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. Replace the existing fire hydrant at the corner of Maple and Pine with a new City Standard fire hydrant. SEWER 44. 45. 46. 47. Each parcel shall be provided a separate sewer lateral running to the sewer main underneath the driveway of 1 165 Maple. 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. PUBLIC UTILITIES ,; .• 50 Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. Underground improvements shall be installed prior to street paving. 51. 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. 52. Submit the Final Map shall to the public utility companies for review and RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAG E 9 of 12 comment. Utility comments shall be forwarded to the Director of Public Works for approval. 53. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 54. 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. 55. 56. 57. 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. Overlay with 2" of asphalt one-half of Maple across the property frontage and grind the perimeter to facilitate the overlay matching up to the existing asphalt. CURB, GUTTER, AND SIDEWALK 58. 59. 60. 61. Repair or replace any cracked or broken curb, gutter and sidewalk as directed by the Director of Public Works. Remove the existing driveway approach and replace with curb, gutter and sidewalk. 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. GRADING 62. Perform all grading in conformance with the City Grading Ordinance. 63. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 64. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 65. All drainage facilities shall be designed to accommodate a 100-year storm flow. RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE10of12 .. 67. .: All drainage facilities shall be in accordance with the Drainage Master Plan. The project is in Drainage Zone " A" and will require on-site retention of storm water run off. The applicant shall submit detailed storm water run-off calculations for review by the Director of Public Works. DEDICATIONS AND EASEMENTS 69. 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 1 1 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. 70. 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. 71. 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. 72. 73 A Public Utility Easement (PUE) shall be dedicated over the common driveway. A private easement shall be reserved on the map for access to lots 2 and 3. PERMITS 74. 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. 75. FEES 76. 77. Obtain a grading permit prior to commencement of any grading operations on site. Pay all required City fees at the time they are due. Fees to be paid prior to plan approval � RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE 11 of 12 ■ Map check fee ■ Plan check for grading plans based on an approved earthwork estimate. ■ Plan check for improvement plans based on an approved construction cost estimate. • ■ Permit Fee for grading plans based on an approved earthwork estimate. ■ Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 78. 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. � 79. 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. 80. Maintenance agreement to be submitted for review by the Director of Public Works for maintenance of the driveway and any other common facilities. BONDS 81. 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 the City accepts the improvements. 82. Submit an engineer' s estimate of quantities for public improvements for review by the Director of Public Works. 83. 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 84. Tax Certificate: The applicant shall furnish a certificate from the tax RESOLUTION NO. 03-1910 DECEMBER 2, 2003 PAGE 12 of 12 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. 85. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 86. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. PRIOR TO ISSUING A BUILDING PERMIT 87. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 88. All utilities shall be operational. 89. 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.