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PC R 03-1903RESOLUTION NO. 03-1903 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CASE NO. 03-004 LOCATED AT 154 PINE STREET, AND VARIANCE CASE NO. 03- 004, APPLIED FOR BY ROBERT A. DEL CAMPO WHEREAS, the applicant has filed Tentative Parcel Map 03-004 to subdivide a 0.55 -acre parcel located at 154 Pine Street into three parcels; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map 03-004 and Variance 03-004 at a public hearing on October 7, 2003 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 and 15315 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 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 (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 SF zoning district. RESOLUTION NO. 03-1903 PAGE 2 OF 11 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. 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 Tentative Parcel Map 03-004 and Variance 03-004 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 keen, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioners Keen, Fowler, Brown, Arnold and Chair Guthrie NOES: None ABSENT: None the foregoing Resolution was adopted this 7th day of October, 2003. 1 RESOLUTION NO. 03-1903 PAGE 3 OF 11 ATTEST: LY4 REARDON-SMITH, COMMISSION CLERK COMMUNITY DEVELOPMENT DIRECTOR 11 1 RESOLUTION NO. 03-1903 PAGE 4 OF 11 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 03-004 154 PINE STREET 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 Tentative Parcel Map 03-004. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of October 7, 2003 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on October 7, 2005 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 Single -Family (SF) zoning 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, paid at the time of building permit issuance, including the existing unit paid at the time of final map. DENSITY BONUS: 8. The applicant shall, as a condition of receiving a 25% density bonus, pay an additional in -lieu affordable housing fee of 3% of both the City's estimated equivalent cost of construction of existing residential buildings that are to remain on-site and new construction costs as computed for building permit purposes, paid at the time of building permit issuance. OAK TREE REPLACEMENT: 9. Removal of the Oak trees shall be replaced at a 3:1 ratio and planted on-site and be done in conjunction with tree removal permits and mitigation acceptable to the RESOLUTION NO. 03-1903 PAGE 5 OF 11 Director of Parks, Recreation and Facilities. BUILDING AND FIRE DEPARTMENT 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. 11. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 12. All fire lanes must be posted and enforced, per Police Department and Fire Department Guidelines. Driveway easement shall be 18 feet wide and pavement shall be 16 feet wide. Vertical clearance shall be at least 14 feet. 13. Project shall have a fire flow of 1,000 gallons per minute for duration of 2 hours. 14. Prior to occupancy, all new buildings must be fully sprinklered per Building and Fire Department guidelines. 15. 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. 16. Prior to issuance of a building permit, a demolition permit must be applied for, approved, and issued, for garage removal. 17. Prior to issuance of a building permit, County Air Pollution Control Board approval is required for any demolition, if applicable. 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. 19. 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. 20. 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. 21. 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 RESOLUTION NO. 03-1903 PAGE 6 OF 11 building permit issuance, in accordance with Ordinance 346 C.S., Resolution 1955. 24. 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. 25. Drainage fee, as required by the area drainage plan for the area being developed. 26. 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. 27. 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 CONDITIONS 28. Setbacks on parcels two and three should be shown on the final map to avoid confusion on flag lots IMPROVEMENT PLANS 29. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 30. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 31. 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. 32. 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 33. 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. RESOLUTION NO. 03-1903 PAGE 7 OF 11 34. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 35. 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 36. Lots using fire sprinklers shall have individual service connections with a minimum 1" meters. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 37. Each parcel shall have a separate water meter. Duplex services shall be utilized wherever feasible. 38. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 39. 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 $2,200 for each new residential unit. SEWER 40. Each parcel shall be provided a separate sewer lateral. 41. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 42. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 43. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. PUBLIC UTILITIES 44. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. RESOLUTION NO. 03-1903 PAGE 8 OF 11 45. Under ground existing overhead drop line upon relocating the garage in accordance with Section 16.68.050 of the Development Code. 46. 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. 47. 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. 48. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 49. 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. 50. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 51. All street repairs shall be constructed to City standards. CURB And GUTTER 52. Install new concrete curb and gutter as directed by the Director of Public Works. 53. Color any such new facilities as directed by the Director of Community Development or the Director of Public Works. 54. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 55. Install ADA compliant facilities where necessary. GRADING 56. Perform all grading in conformance with the City Grading Ordinance. 57. 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. DRAINAGE 58. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 59. All drainage facilities shall be in accordance with the Drainage Master Plan. 60. The project is in Drainage Zone "A" and will require on-site retention. RESOLUTION NO. 03-1903 PAGE 9 OF 11 61. Infiltration basins or other on-site water retention methods shall be designed and constructed in a way suitable to the Director of Public Works. ■ The basin other on-site water retention methods shall be fully constructed and functional prior to occupancy for any building permit within the project. ■ The basin(s) other on-site water retention methods shall be privately maintained. DFDICATIONS AND EASEMENTS 62. 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. 63. 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. 64. 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. 65. A private easement shall be reserved on the map, for access to the rear parcels. PERMITS 66. 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. 67. Obtain a grading permit prior to commencement of any grading operations on site. FFFS 68. Pay all required City fees at the time they are due. 69. Fees to be paid prior to plan approval ■ 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. RESOLUTION NO. 03-1903 PAGE 10 OF 11 AGREEMENTS 70. 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. 71. 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. 72. Driveway and Basin Maintenance Agreement: An agreement shall be entered into for the common maintenance of the private driveway, all private utilities within the driveway and infiltration basins. The Director of Public Works shall approve these provisions. BONDS 73. 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. 74. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 75. 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 76. 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. 77. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 78. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. 11 1 RESOLUTION NO. 03-1903 PAGE 11 OF 11 PRIOR TO ISSUING A BUILDING PERMIT 79. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 80. All utilities shall be operational. 81. 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. 1 1 1 1 1