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PC R 03-1902� , _� RESOLUTION NO. 03-1902 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP NO. 03-005 AND VARIANCE NO. 03-005, LOCATED AT 1254 POPLAR STREET, APPLIED FOR BY SANDRA HOGAN WHEREAS, the applicant, Amelia J. Bartholomew, has filed Tentative Parcel Map No. 03-005 to subdivide an existing residential parcel of 21,841 square feet into finro parcels of 11,840 square feet and 10,001 square feet; and WHEREAS, the applicant has filed for a Variance No. 03-005, in conjunction with the above Tentative Parcel Map No. 03-005, to allow for a Variance to the front yard setback of Parcel 2; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 03-005 and Variance No. 03-005 at a public hearing on September 16, 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 the Development Code associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the 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 findings can be made in the affirmative: -� .. - ' - 11..� �� �� 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 or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 3 4 The design of the subdivision or proposed improvements are not likely to cause public health problems. The diseharge of waste from the project into an existing community sewer system RESOLUTION NO. 03-1902 PAGE 2 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 could be permitted in the Condominium/Townhouse (MF) 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 or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. 1 . .� - �• �. 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 No. 03-005 and Variance No. 03- 005, 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: RESOLUTION NO. 03-1902 PAGE 3 AYES: Commissioners Brown, Fowler, Arnold, Keen and Chair Guthrie NOES: None ABSENT: None A the foregoing Resolution was adopted this 16 day of S ATTEST: , L N REARDON-SMITH, COMMISSION CLERK F�OB�STR01'�1 COMMUNITY T DIRECTOR S ber, RIE, CHAIR RESOLUTION NO. 03-1902 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 03-005 AND VARIANCE NO. 03-005, APPLIED FOR BY SANDRA HOGAN, LOCATED AT 1254 POPLAR STREET COMMUNITY DEVELOPMENT DEPARTMENT -�- .�. .� This approval authorizes the subdivision of a 21,841 square foot parcel into two (2) parcels consisting of 11,840 square feet and 10,001 square feet. 1. 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 No. 03-005 and Variance No. 03-005. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of September 16, 2003 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on September 16, 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 map and variance 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. I�Z�Ra..u-� ..- 6. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 7. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." PUBLIC WORKS DEPARTMENT CONDITIONS -�- ��.. -��-� :-. -��-� RESOLUTION NO. 03-1902 PAGE 5 8. The applicant shall pay all applicable City fees at the time they are due. 9. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 10. Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). 11. The applicant shall be responsible for obtaining an encroachment permit for all work within City right of way. 12. The Driveway Maintenance Agreement dated June 8, 1993 by and between Karl Hogan, Sondra Hogan and Amelia Bartholomew and recorded as instrument number 1993-33057 in book 4102, page 808 of official records shall be modified to incorporate the owners of the newly created parcel. The revised agreement shall be approved by the Director of Public Works. 13. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8'/2 x 11 inch 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 fees. ° � l 14 15 The property owner shall offer for dedication to the public the right of way the southern 25 feet of Parcel 1 at Poplar Street. An easement shall be reserved on the map for private access and utility services to Parcel 2. 16. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to Poplar Street. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 17 � � A 10-foot wide street tree planting and maintenance easement shall be dedicated adjacent to Poplar Street. Each parcel shall have separate water meters. Each parcel shall be provided a separate sewer lateral. 20. The applicant shall provide bonds or other financial security for the following: 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 minimum term for Improvement securities shall be equal to the schedule for completion of improvements described in the subdivision agreement. RESOLUTION NO. 03-1902 PAGE 6 a. Performance, 100% of the estimated cost of the improvements. b. Labor and Materials, 50% of the estimated cost of the improvements. c. Monumentation, 100% of the estimated cost of setting survey monuments. 21. Tax Certificate; In accordance with Section 9-15.130 of the Development Code, 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. 22. A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. S:\COMMUNITY_DEVELOPMENIIPROJECTS\TPM\03-005\pc reso.doc