PC R 02-1846RESOLUTION NO. 02-1846
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
TENTATIVE PARCEL MAP CASE NO. 02-001 AND
VARIANCE CASE NO. 02-003 LOCATED AT 1171 SUNSET
DRIVE APPLIED FOR BY LARRY VENTRESCA
WHEREAS, the applicant has filed Tentative Parcel Map 02-001 to subdivide a
0.40-acre parcel located at 1171 Sunset Drive into finro parcels of 8,715 square-feet each;
and
WHEREAS, the applicant has filed Variance 02-003, in conjunction with the
above Tentative Parcel, to allow for a deviation in the required lot width; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Tentative Parcel 02-001 and Variance 02-003 at a public hearing on August
6, 200?_ 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 Section 15315 of
the CEQA Guidelines; and
WHEREAS, the Planning Commission finds, after due study, deliberation and
public hearing, the following circumstances exist:
TPntative Parcel Ma� Findinas
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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.
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Adequate public services and facilities exist or will be provided as a result of the
proposed Tentative Parcel Map to support project development.
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The site is physically suitable for the type of development that exists in the SF
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.
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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 02-001 and Variance 02-003, 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 Guthrie, seconded by Commissioner Fowler, and by the
following roll call vote, to wit:
AYES: Commissioner's Fowler, Guthrie and Vice Chair Keen
NOES: None
ABSENT: Commissioner's Brown and Costello
RESOLUTION NO. 02-1846
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the foregoing Resolution was adopted this 6 day of August 2002
ATTEST:
, �,
L REARDON-SMITH,
COMMISSION CLERK
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AS TO CONTENT:
COMMUNITY DEVELO,F�MENT DIRECTOR
RESOLUTION NO. 02-1846
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EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 02-001
VARIANCE 02-003
1171 SUNSET DRIVE
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GENERAL CONDITIONS:
This approval authorizes the subdivision of one residential parcel into two parcels of
8,715 square-feet each.
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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
02-001 and Variance 02-003.
Development shall occur in substantial conformance with the plans presented to
the Planning Commission at their meeting of August 6, 2002 and marked Exhibit
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4. This tentative map approval shall automatically expire on August 6, 2004 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.
SPECIAL CONDITION:
6. Fifty percent (50°/a) or one residence shall be reserved for low and moderate-
income ownership through a housing development agreement in a form approved
by the City shall be entered into between the City and the applicant prior to final
approval of a subdivision map. This agreement shall set forth the provision to
require a designated residence be sold to a qualified low income household as
certified by the Housing Authority of San Luis Obispo or such other authority
approved by the City Council and shall remain affordable for a period of not less
than 30-years:
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An in-lieu affordable housing fee of 6% based on both the City's estimated
equivalent cost of construction of existing residential buildings that are to remain
on-site paid prior to time of recording final map; AND the cost of all new
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construction as computed for building permit purposes paid at time of building
permit issuance.
DEVELOPMENT CODE:
7. Development shall conform to the Single-Family zoning requirements except as
otherwise approved.
8. The applicant shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
BLILDIN AND FIRE DEPARTMENT C�NDITI�NS
9. 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.
10. The project shall have a fire flow of 1000 gallons per minute for a duration of
2 hours.
1 1. 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.
12. Prior to final inspection, all new residences must be fully sprinklered per
Building and Fire Department guidelines.
13. Prior to map recordation, the applicant shall either retrofit the existing
residence with sprinklers or post a bond for that purpose. If a bond is posted,
it shall be based on a bid obtained by the applicant.
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Prior to map recordation, the existing garage shall be relocated in accordance
with Exhibit "B".
Prior to map recordation, each new parcel must have separate utility
connections and applicable fees must be paid.
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GENERAL IMPROVEMENT REQUIREMENTS
16. The applicant shall pay all applicable City fees at the time they are due.
17. 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"
City standard forms, and shall include legal descriptions, sketches, closure
calculation, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
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18. The developer shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted.
The cleaning shall be done after each day's work or as directed by the Director
of Public Works.
19. The site plan shall include the following:
a. The location and size of all water, sewer, and storm water facilities within
the project site and abutting streets or alleys.
b. The location, quantity and size of all sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All parcel lines and easements crossing the property.
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
PRIOR TO ISSUING A BUILDING PERMIT
20. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right of way.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
21. All project improvements shall be constructed prior to map recordation, except
for non-essential improvements, which may be guaranteed by an agreement and
financial securities as provided for in Section 16-15.070 of the Development
Code.
STREETS
22. The applicant shall replace any abandoned driveway approaches on the property
with new curb, gutter and sidewalk.
UTILITIES
23. Each parcel shall have separate water meters. Duplex service lines shall be
used wherever feasible.
24. Any existing water and sewer services shall be abandoned per the requirements
of the Director of Public Works.
25. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
26. Each parcel shall be provided a separate sewer lateral.
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27. All new public utilities shall be installed as underground facilities.
28. All existing public overhead utilities which are on-site, and those within six
feet of the side and rear lot lines, and those along the frontage (as shown in
Figure A) shall be placed underground.
29. Prior to approving any building permit within the project for occupancy, all public
utilities shall be complete and operational.
PRIOR TO RECORDING THE MAP
30.
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Preliminary Title Report — A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
Improvements — All improvements specified in these Conditions of Approval
shall be completed and accepted by the City. All subdivision improvements
required by these conditions shall be either:
a. Fully constructed and accepted by the City; or
b. Guaranteed by an improvement agreement and financial securities. The
agreement and securities shall be in a form acceptable to the City.
32. Bonds — 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.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
33. Tax Certificate, in accordance with Section 16-15.130 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.
34. Subdivision Guarantee, a Subdivision Guarantee shall be submitted to the
Director of Public Works at the time of map recordation.
35. Documents — All easements, abandonments, or similar documents to be
recorded as a document separate from the map, shall be prepared by the
applicant on 8'/2" x 11" City standard forms, and shall include legal descriptions,
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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.
36. Recordation — At the time of map recordation, copies of all recorded documents
shall be submitted to the City on either Mylar sheets or 8'/2" x 11" archival quality
paper.
37. Recorded Copies — The applicant shall be responsible to provide one recorded
Mylar copy of the map to the City.
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