PC R 00-1766RESOLUTION NO. 00-1766
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING TENTATIVE
PARCEL MAP CASE NO. 00-005, PLANNED UNIT
DEVELOPMENT CASE NO. 00-001 WITH ASSOCIATED
ARCHITECTURAL REVIEW, FINDING THE PROJECT
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, LOCATED AT 131 JUNIPER STREET AND
APPLIED FOR BY GENE MARKS
WHEREAS, the applicant, Gene Marks, has filed Tentative Parcel Map 00-005
and Planned Unit Development Case No. 00-001 to subdivide an existing residential
parcel of 10,720 square feet square feet into two parcels of 5,542 square feet and
5.178 square feet, respectively; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Tentative Parcel Map Case No. 00-005 and Planned Unit Development
Case No. 00-001 at a public hearing on October 3, 2000 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 under the
provisions of the California Environmental Quality Act (CEQA) and has determined
that the 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 or the proposed improvements are not
likely to cause substantial environmental damage or substantially and avoidably
injury to fish or wildlife or their habitat.
Resolution No. 00-1766
TPM 00-005; PUD 00-001
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3. The design of the subdivision or proposed improvements are 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 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.
Planned Unit Development Permit Findings:
1. The proposed development is consistent with the goals, objectives, and
programs of the Arroyo Grande General Plan.
2. The site for the proposed development is adequate in size and shape to
accommodate said use and all yards, open spaces, setbacks, walls and fences,
parking areas, landscaping, and other features required by the Development
Code.
3. The site for the proposed development has adequate access, meaning that the
site design and development plan conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed
development; and that the approval of the proposed development will not
result in a reduction of public services to properties in the vicinity so as to be a
detriment to public health, safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be
compatible with the existing multiple family residential uses in the surrounding
area.
6. The improvements required, and the manner of development, adequately
address all natural and man-made hazards associated with the proposed
development of the project site, including, but not limited to, flood, seismic,
fire and slope hazards.
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TPM 00-005; PUD 00-001
Page 3 of 11
7. The proposed development carries out the intent of the Planned Unit
Development Provisions by providing a more efficient use of the land and an
excellence of design greater than that which could be achieved through the
application of conventional development standards.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 9-06.050E.
Architectural Review Findings:
1. The proposal is consistent with the "General Architectural Review Guidelines"
for the City of Arroyo Grande.
2.
3.
4.
5.
6.
The proposal is consistent with the text and maps of the Arroyo Grande
General Plan, and the City of Arroyo Grande Development Code.
The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons working in the neighborhood of the proposed project.
The general appearance of the proposal is in keeping with the character of the
neighborhood.
The proposal is not detrimental to the orderly and harmonious development of
the City.
The proposal will not impair the desirability of investment or occupation in the
neighborhood.
California Environmental Quality Act:
1
2
3.
The project would result in the subdivision of a parcel into four or fewer lots.
The project site has not been part of a subdivision within the past two years,
and average slopes on the site do not exceed 20 percent.
The project is exempt from CEQA coverage pursuant to CEQA Guidelines
Section 15315.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Tentative Parcel Map Case No. 00-005, Planned Unit
development Case No. 00-001, with the above findings and subject to the conditions
as set forth in Exhibit "A", attached hereto and incorporated herein by this reference,
and the Secretary is hereby directed to file a Notice of Exemption with the San Luis
Obispo County Clerk.
Resolution No. 00-1766
TPM 00-005; PUD 00-001
Page 4 of 11
On motion by Commissioner Costello, seconded by Commissioner London, and by
the following roll call vote, to wit:
AYES: 4
NOES: 0
ABSENT: 1
the foregoing Resolution was adopted this 3` day of October, 2000.
ATTEST:
Kathleen Fryer, Commis i n Clerk
AS TO CONTENT:
I v(
Kerry L. M Ca s
Community Development Director
�L��C�/uXl C� l? /l'��JI'�J
Laurence Greene, Chair
Resolution No. 00-1766
TPM 00-005; PUD 00-001
Page 5 of 11
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP CASE NO. 00-005
PLANNED UNIT DEVELOPMENT CASE NO. 00-001
Gene Marks
131 Juniper Street; APN 077-141-011
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a parcel consisting of 10,720 square feet
into the following two parcels:
1.
2.
Parcel 1, consisting of 5,542 square feet, on which an existing single-family
residence is located and will be removed; and
Parcel 2, consisting of 5,178 square feet, on which an existing single-family
residence is located and will be removed.
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 Case No. 00-005.
3. Development shall occur in substantial conformance with the plans presented
to the Planning Commission at their meeting of October 3, 2000 and marked
Exhibit "B1-B-3".
4. This tentative map approval shall automatically expire on October 3, 2002
unless the final map is recorded or an extension is granted pursuant to Section
9-02.140.C. 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.
DEVELOPMENT CODE
6. The developer shall comply with Development Code Chapter 9-4, "Land
Divisions".
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TPM 00-005; PUD 00-001
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7. The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations."
BUILDING AND FIRE DEPARTMENT CONDITIONS
8. Fees - The applicant shall pay all applicable City fees at the time they are
due.
UBC/UFC
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.
FIRE LANES
10. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
1 1. Project shall have a fire flow of 1,000 gallons per minute for a duration of
two (2) hours.
DEMOLITION PERMIT/RETAINING WALLS
12. Prior to issuance of a building permit, a demolition permit must be applied for,
approved and issued.
SPECIAL CONDITIONS
13. Addresses on each residence shall be visible from the street.
PARKS AND RECREATION DEPARTMENT CONDITIONS
PRIOR TO ISSUING A GRADING PERMIT AND DURING CONSTRUCTION:
14. The applicant shall comply with the provisions of Ordinance 431 C.S., the
Community Tree Ordinance.
PUBLIC WORKS DEPARTMENT CONDITIONS
GENERAL IMPROVEMENT REQUIREMENTS
15. Fees - The applicant shall pay all applicable City fees at the time they are
due.
Resolution No. 00-1766
TPM 00-005; PUD 00-001
Page 7 of 11
16. Site Maintenance - The developer shall be responsible du'ring construction for
cleaning city streets, curbs, gutters and sidewalks of �irt 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 or the Community
Development Director.
17. Public Works Improvements - All project improvements shall be designed and
constructed in accordance with City of Arroyo Grande standards and
specifications. The following improvement plans shall be prepared by a
registered Civil Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control
b. Water and sewer
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18. Site plan - The site improvement plans shall include the following:
a.
b.
c.
d.
e.
f.
9•
h.
The location and size of all water, sewer, and storm water facilities
within the project site and abutting streets or alleys.
The location and size of all sewer laterals.
The location, size and orientation of all trash enclosures.
All parcel lines and easements crossing the property.
The location and dimension of all paved areas.
The location of all public or private utilities.
Plan and profile drawings of existing and proposed streets and
utilities.
Retaining wall locations and details.
19. Plan sets - 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, 2 sets of prints of the approved record
drawings (as builts) and electronic (e.g. Autocad) files where available.
20. Improvement agreement - Prior to approval of any improvement plans, the
applicant shall enter into an agreement with the City for inspection of the
required improvements.
21. Encroachment permits - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
STREET IMPROVEMENTS
22.
23
Curb, gutter and sidewalk - The applicant shall install new sidewalk fronting
the property.
Grading - All grading shatl be done in accordance with the City Grading
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TPM 00-005; PUD 00-001
Page 8 of 11
Ordinance.
24. Soils report - A preliminary soils report shall be 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.
25.
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Street sections - Street structural sections shall be determined by an R-Value
soil test.
Adjacent structures - The grading plan design shall include measures to
protect the adjacent structures from damage due to the construction.
27. Drainage design - Drainage basins shall be provided for each parcel. The size
of the basins shall be per the Drainage Master Plan, except that credit is
allowed for the existing impervious areas. Overflow path shall drain to the
street.
WATER
28. Water meters - Each parcel shall have separate water meters. Lots to be fire
sprinkled shall be identified by the plans and the meters sized accordingly.
29. Abandonments - Existing water services to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
30. Water Neutralization Program - 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,
Pay an in lieu fee of 52,200 for each new residential unit .
WASTEWATER
31 . Sewer lateral - Each parcel shall be provided a separate sewer lateral.
32. Abandonments - Existing sewer laterals to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
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TPM 00-005; PUD 00-001
Page 9 of 11
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33. Sewer crossings - All sewer mains or laterals crossing or parallel to public
water facilities shall be constructed in accordance with California State
Health Agency standards.
PUBLIC UTILITIES
34
35
New Utilities - All new public utilities shall be installed as underground
facilities.
Undergrounding - Existing overhead public utilities on site shall be placed
underground, as shown in FiQuie 1. These include the following:
1. One utility pole on Juniper Street fronting the property and the overhead
wires extending to an adjacent pole across Juniper Street and to the
existing house at 131 Juniper Street.
36. Utility review - All improvement plans shall be submitted to the public utility
companies for review and comment. Utility comments shall be forwarded to
the Director of Public Works.
PRIOR TO RECORDING THE MAP:
37.
:
Preliminary Title Report - A current preliminary title report shall be submitted
to the Director of Public Works prior to checking the map.
Improvements - 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.
39. 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. The
minimum term of improvement securities shall be equal to the schedule for
completion of improvements described in the subdivision agreement.
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L7
c.
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
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TPM 00-005; PUD 00-001
Page 10 of 11
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
40. Subdivision Agreement - The developer 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.
41. Private Agreements - An agreement shall be entered into for the common
maintenance of the private driveway and all private utilities within the
driveway. These provisions shall be approved by the Director of Public
Works.
42. 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.
43. Subdivision Guarantee - A Subdivision Guarantee shall be submitted to the
Director of Public Works at the time of Map Recordation.
44. Documents - All easements, abandonments, or similar documents to be
recorded as a document separate from the map, shall be prepared by the
applicant on 8.5 x11 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.
45. 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
1 1" archival quality paper.
DEDICATIONS AND EASEMENTS
46. PUE - A Public Utility Easement (PUE) shall be dedicated a minimum 6' wide
adjacent to Juniper Street. The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar facilities.
47. Street tree easements - Street tree planting and maintenance easements shall
be dedicated a minimum 10' beyond the right of way adjacent to Juniper
Street.
48. Private easements - Private easements shall be reserved on the map or other
document acceptable to the City for the following:
a. Private access driveway, water, sewer, public utility and drainage
easements.
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TPM 00-005; PUD 00-001
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PRIOR TO ISSUING A BUILDING PERMIT:
49. Parcel Map AG 00- - The Final Map for Parcel Map AG 00- shall be recorded
with all pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY:
50. Utilities — All utilities shall be operational.