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PC R 02-1834RESOLUTION NO. 02-1834 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CASE NO. 01-003 AND VARIANCE CASE NO. 01-002 LOCATED AT 1260 AND 1270 POPLAR STREET, APPLIED FOR BY SANDRA HOGAN WHEREAS, the applicant has filed Vesting Tentative Parcel Map 01-003 and Variance No. 01-002 to subdivide an two existing parcels, .37 and .54 acres in size, located at 1260 and 1270 Poplar, into four parcels of 8,649, 9363.7, 10,000, 15,840 square feet; and WHEREAS, the applicant has filed for a Variance No. 01-002, in conjunction with the above Tentative Parcel Map No. 01-003, to allow for a Variance to deviate from the Minimum Building Site size of Parcels A and B, Lot Width for Parcel A, B and C, and the Lot Depth for Parcel A; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 01-003 and Variance 01-002 at a public hearing on April 2, 2002 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: 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. RESOLUTION NO. 02-1834 PAGE 2 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 MF 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. 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 Case No. 01-003 and Variance Case No. 01-003, as shown in Exhibit "B1" with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. 02-1834 PAGE 3 � On motion by Commissioner Keen, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioner's Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: Commissioner Brown the foregoing Resolution was adopted this 2nd day of April 2002. ATTEST: �����%�l'I – Ly eardon-Smith, Commission Clerk AS TO CONTENT: Rob SflFong, Community Develop � ent Director Jo�ph"M. Costello, Chair RESOLUTION NO. 02-1834 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 01-003 VARIANCE NO. 01-002 1260 AND 1270 POPLAR STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the subdivision of two residential parcels into four parcels of 8,649, 9363.7, 10,000, 15,840 square feet each. 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 Vesting Tentative Parcel Map Case No. 01-003 and Variance 01-002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of April 2, 2002 and marked Exhibit "B- 1 ". � '� 4. This tentative map approval shall automatically expire on April 2, 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. Twenty-Five percent (25%) of the residential units on Parcel `D' shall be reserved for low and moderate-income renters through a 30-year deed restriction recorded on the property, or equivalent restrictive covenant. Annual reports shall be submitted to the City from an independent agency (such as the San Luis Housing Authority) verifying compliance to this restriction. DEVELOPMENT CODE: 7. Development shall conform to the Multi-Family zoning requirements except as otherwise approved. 8. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". �, , �J RESOLUTION NO. 02-1834 PAGE 5 9. The applicant shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." BUILDING AND FIRE DEPARTMENT CONDITIONS 1. Project shall have a fire low o 1000 gallons per minute for a duration of 2 hours. 11 12 13 14 The applicant shall post designated fire lanes, per Section 22500.1 of the California vehicle Code. Prior to recordation of the map, fire hydrants shall be installed per Fire Department and Public Works Department standards. Prior to map recordation, a demolition permit must be applied for, approved and issued. Prior to map recordation, each new parcel must have separate utility connections and applicable fees must be paid. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS 15. The applicant shall pay all applicable City fees at the time they are due. 16. 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. 17. 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. 18. 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. 0 RESOLUTION NO. 02-1834 PAGE 6 PRIOR TO ISSUING A BUILDING PERMIT 19. 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 20. 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 21. The applicant shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. UTILITIES 22 23 24 25 26 27. All existing public overhead utilities which are onsite, 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 27. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. Each parcel shall have separate water meters. Duplex service lines shall be used wherever feasible. Any existing water and sewer services shall be abandoned per the requirements of the Director of Public Works. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with� California State Health Agency standards. Each parcel shall be provided a separate sewer lateral. All new public utilities shall be installed as underground facilities. � _J PRIOR TO RECORDING THE MAP � Preliminary Title Report — A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 29. Improvements — All improvements specified in these Conditions of Approval shall RESOLUTION NO. 02-1834 PAGE 7 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. 30. 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. e. 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. f. Subdivision Guarantee, a Subdivision Guarantee shall be submitted to the Director of Public Works at the time of map recordation. 31. 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, 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. 32. 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. 33. Recorded Copies — The applicant shall be responsible to provide one recorded mylar copy of the map to the City. DEDICATIONS AND EASEMENTS 34. Private Access and Utility Easements — Private easements shall be reserved on the map or other document acceptable to the City, for shared access, drainage, water, and sewer. RESOLUTION NO. 02-1834 PAGE 8 35. Private Agreements — An agreement shall be entered into for the appropriate properties for the common maintenance of both private driveways and all private utilities within the driveways. These provisions shall be approved by the Director of Public Works.