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.
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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.
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RESOLUTION NO. 03-1903
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ATTEST:
LY4 REARDON-SMITH,
COMMISSION CLERK
COMMUNITY DEVELOPMENT DIRECTOR
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RESOLUTION NO. 03-1903
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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