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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 Page 2 of 11 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. Resolution No. 00-1766 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". Resolution No. 00-1766 TPM 00-005; PUD 00-001 Page 6 of 11 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 � ,�, 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 Resolution No. 00-1766 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. � 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. Resolution No. 00-1766 TPM 00-005; PUD 00-001 Page 9 of 11 � 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. -� 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 Resolution No. 00-1766 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. Resolution No. 00-1766 TPM 00-005; PUD 00-001 Page 11 of 11 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.