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HomeMy WebLinkAboutResolution 07-031 2007-03-13RESOLUTION NO.: 07-0031 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EL PASO DE ROBLES TO GRANT TENTATIVE MAP APPROVAL FOR PARCEL MAP PR 06-0230 (NEWTON) APN: 008-244-001 & 008-241-006 WHEREAS, Parcel Map PR 06-0230, an application filed by Eric Newton, to subdivide a 12,600 square foot lot into two parcels; and WHEREAS, in conjuction with the tentative parcel map is a request to adjust the southern property line between the subject site and the Mendoza property to the south (1846 Pine St.); and WHEREAS, the site is located at 1910 & 1846 Pine Street; and WHEREAS, the subject site is located in the Residential Multi-Family (RMF-12) land use category and the R3 zoning district; and WHEREAS, as a result of the proposed parcel map and lot line adjustment, the existing house would remain and be located on Parcel 1 which would be 7,500 square feet, a new 7,000 square foot parcel (Parcel 2) would be created, and the Mendoza parcel (shown as Parcel 3) would be approximately 6,300 square feet; and WHEREAS, the proposed parcel map is Categorically Exempt from environmental review per Section 15315 of the State's Guidelines to Implement the California Environmental Quality Act (CEQA); and WHEREAS, a public hearing was conducted by the Planning Commission on March 13, 2007, to consider facts as presented in the staff report prepared for the tentative parcel map, and to accept public testimony regarding the application; and WHEREAS, based upon the facts and analysis presented in the staff report, public testimony received and subject to the conditions listed below, the Planning Commission makes the following findings as required by Government Code Sections 66474 and 65457: The proposed tentative parcel map is consistent with the adopted General Plan for the City of El Paso de Robles in that it provides for infill development within close proximity to schools, shopping and other services; 1. As conditioned the design of lots, streets, open space, drainage, sewers, water and other improvements is consistent with the General Plan and Zoning Ordinance; 2. TPM PR 06-0230/Newton Reso 1 The site is physically suitable for the type of development proposed;3. The design of the land division is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; 4. The design of the land division and types of improvements proposed are not likely to cause serious public health problems; 5. The design of the land division and the type of improvements proposed will not conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision; 6. The fulfillment of the requirements listed in conditions No. 7-9 are necessary prerequisite to the orderly development of the site and surrounding area. 7. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of El Paso de Robles, does hereby grant tentative map approval for Parcel Map PR 06-0230 subject to the following conditions of approval: STANDARD CONDITIONS OF APPROVAL: 1. The applicant/developer shall comply with those standard conditions which are indicated as applicable in "Exhibit A" to this resolution. SITE SPECIFIC CONDITIONS OF APPROVAL: NOTE: In the event of conflict or duplication between standard and site specific conditions, the site specific condition shall supersede the standard condition. PLANNING 2. The project shall be constructed so as to substantially conform with the following listed exhibit and conditions established by this resolution: EXHIBIT DESCRIPTION Standard Conditions of Approval Tentative Parcel Map PR 06-0230 A B 3. As a result of the proposed parcel map and lot line adjustment, the existing house would remain and be located on Parcel 1 which would be 7,500 square feet, a new 7,000 square foot parcel (Parcel 2) would be created, and the Mendoza parcel (shown as Parcel 3) would be approximately 6,300 square feet. TPM PR 06-0230/Newton Reso 2 4. Prior to the issuance of a Building Permit for Parcel 2, the plans shall be reviewed and approved by the Development Review Committee (DRC). The DRC will need to make the findings that the proposed units are compatible with the neighborhood scale and character. 5. Pursuant to submittal requirements and Standard Condition B-1 of Attachment A, prior to occupancy the applicant shall provide on a 3.5 inch disk or IBM-compatible CD a copy of all signed and stamped approved plans, exhibits, resolutions, and all submittal materials and other documentation pertaining to approval of this application for electronic archiving. The applicant may elect to have the City send out the documents for scanning at the applicant's expense. 6. The applicant shall take the steps necessary to annex to or form a City Community Facilities District (CFD) in order to provide funding for City services for each new parcel or dwelling unit in the proposed development. The agreement to form or annex to a CFD shall be in a manner to be approved by the City Attorney. Participation in a City CFD for services is intended to fully mitigate the incremental impact of new residential development on City services and maintain such services at the standards established in the General Plan. If for any reason, applicant does not take the necessary steps to have the development included within a CFD, applicant shall, in a manner subject to approval by the City Council and City Attorney, provide for alternative means of fiscal mitigation at a level equal to the special taxes established in the Rate and Method of Apportionment applicable to CFD 2005-1, as they may be adjusted from time to time. For any project resulting in the development of five (5) or more residential units on separate parcels, applicant shall also prepare and record the necessary documents to form a homeowners association (the "HOA") for such development, which HOA shall become active only if and when the CFD is terminated. The HOA documents shall provide that the HOA shall be required to fund the services provided by the CFD, and at the same level established in the Rate and Method of Apportionment for the CFD. 7. Prior to recordation of the final parcel map, curb, gutter and sidewalk shall be constructed on Pine Street in accordance with City Westside Standard A-12 and in accordance with plans approved by the City Engineer. A standard handicap ramp must be constructed at the corner of 19th and Pine Streets. Existing trees in the right-of-ways of Pine Street shall be removed and replaced. 8. Prior to recordation of the final parcel map, the existing culvert across Pine Street shall be removed and replaced with an 18-inch high density polyethylene pipe in accordance with plans approved by the City Engineer. The new storm drain shall be extended to the east boundary of the property. TPM PR 06-0230/Newton Reso 3 9. Prior to recordation of the final map, the existing overhead utility lines along the frontage of the property and those serving the existing residences shall be relocated underground. A new street light with an underground service shall be placed at the intersection of 19 th and Pine Streets in accordance with City standards. 10. Prior to the start of construction, documentation shall be submitted to emergency services showing that the required fire flows can be provided to meet the project demands. PASSED AND ADOPTED THIS 13 th day of March, 2007 by the following Roll Call Vote: AYES:Menath, Withers, Steinbeck Johnson, Flynn, Treatch NOES:None HolstineABSENT: ABSTAIN: None CHN IAN PRO-TEM STEINBECK ATTEST: RONWHISENANDSECRETARY OF THE PLANNING COMMISSION, H:\darren\PMaps\PR06-0230\Newton\Map Reso TPM PR 06-0230/Newton Reso 4 EXHIBIT A OF RESOLUTION 07-0031 CITY OF EL PASO DE ROBLES STANDARD DEVELOPMENT CONDITIONS FOR SINGLE FAMILY RESIDENTIAL TRACT AND PARCEL MAPS PROJECT #:Tentative Parcel Map PR 06-0230 APPROVING BODY:Planning Commission DATE OF APPROVALL March 13. 2007 APPLICANT:__Newton_ LOCATION: -1 R46-1910 Pine Street The following conditions that have been checked are standard conditions of approval for the above referenced project. The checked conditions shall be complied with in their entirety before the project can be finalized, unless otherwise specifically indicated. In addition, there may be site specific conditions of approval that apply to this project in the resolution. COMMUNITY DEVELOPMENT DEPARTMENT -The applicant shall contact the Planning Division, (805) 237-3970, for compliance with the following conditions: GENERAL CONDITIONSA. This project approval shall expire on March 13, 2009 unless a time extension request is filed with the Community Development Department prior to expiration. 1. The site shall be developed and maintained in accordance with the approved plans and unless specifically provided for through the Planned Development process, development shall comply with the Zoning Code, all other applicable City Ordinances, and applicable Specific Plans. 2. Prior to recordation of the map, all conditions of approval shall be completed to the satisfaction of the City Engineer and Community Developer Director or his designee. 3. This project is subject to the California Environmental Quality Act (CEQA), which requires the applicant submit a $25.00 filing fee for the Notice of Determination payable to "County of San Luis Obispo". The fee should be submitted to the Community Development Department within 24 hours of project approval, which is then forwarded to the San Luis Obispo County Clerk. Please note that the project may be subject to court challenge unless the required fee is paid. 4. In accordance with Government Section 66474.9, the subdivider shall defend, indemnify and hold harmless the City, or its agent, officers and employees, from any claim, action or proceeding brought within the time period provided for in Government Code section 66499.37, against the City, or its agents, officers, or employees, to attack, set aside, void, annul the City's approval of this subdivision. The City will promptly notify subdivider of any such claim or action and will cooperate fully in the defense thereof. 5. (Adopted by Planning Commission Resolution 94-038) 1 All signs shall be subject to review and approval as required by Municipal Code Section 21.19 and shall require a separate application and approval prior to installation of any sign. 6. All existing and/or new lighting shall be shielded so as to be directed downward in such a manner as to not create off-site glare or adversely impact adjacent properties. The style, location and height of the lighting fixtures shall be submitted with the building plans and subject to approval by the Community Development Department. 7. 8.All existing and/or new landscaping shall be installed with automatic irrigation systems. D-All walls/fences and exposed retaining walls shall be constructed of decorative materials which include but are not limited to splitface block, slumpstone, stuccoed block, brick, wood, crib walls or other similar materials as determined by the Development Review Committee, but specifically excluding precision block. 9. D-The following areas shall be placed in a Landscape and Lighting District:10. The following areas shall be permanently maintained by the property owner, Homeowners' Association, or other means acceptable to the City: 11. LI The applicant shall install durable, decorative fence/wall treatments and landscaping along all arterial streets consisting of brick, tubular steel with pilasters, or other similar materials as determined by the Development Review Committee, but specifically excluding precision block and wood fences. Substantial setbacks with landscaping may be considered as an alternative, subject to approval by the Development Review Committee. 12. LI The applicant shall provide a one-foot non-access easement along the rear/side of all lots that back up/side against a collector or arterial street. 13. THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO THE ISSUANCE OFB. BUILDING PERMITS OR RECORDATION OF THE FINAL MAP, WHICHEVER OCCURS FIRST: Two sets of the revised Planning Commission approved plans incorporating all Conditions of Approval, standard and site specific, shall be submitted to the Community Development Department. I. Prior to the issuance of building permits, the ®Development Review Committee shall approve the following: Q Planning Division Staff shall approve the following: a. A detailed landscape plan including walls/fencing; ®b. Other: Architectural Site Plans and Elevations 2. (Adopted by Planning Commission Resolution 94-038) 2 The Covenants, Conditions, and Restrictions (CC&Rs) and/or Articles Affecting Real Property Interests are subject to the review and approval of the Community Development Department, the Public Works Department and/or the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the affected City Departments. 3. The applicant shall agree, in a manner acceptable to the City Attorney, to pay impact mitigation fees as may be established through a resolution or ordinance adopted by the City Council, in effect at the time building permits are issued. 4. N/A In oa r this t/ rce matobe i.vith the Ge eral Plan 1-t/ef5.nformancILL X~uAS .,a,., L .t' ..A ce ,,, SJ LfhIa1S. ..,tea-.- SJ'.tA ,uLLLL1Lal,, LAA.,1'.7L.,, the tract./ arenol m, :hl o e s top.,a., ,.,uA.AL , u Trnaaa AAy ClX .-~a .) A fJ ..f -va a1~~ nrvTaL Ir ~ ~ t3t-L JL vSn,,a~aa~. h l~nlnJ Dit intn-~Jt-a2th L, r rYi Council hasa rove e nethat 1 fina l(' eroatefd b ho C hl et~r~A~a~Wa-ffl~~,tr~ir-~oat~aat-fl ~~L~yx:;!'nfln Ahart 1 q) .LI. if at LAhS LA,,wLthato. n. .,v o , , , .. a, .,u. ,.,-,, m a ., f « ai uba fo ) a,, .) r ho +« a A. , '~r. .a Lhma een .om oeted thn a n. i ..a h «. ~vo.p v... Y a.,, oaa , v.pa- -. ..,-. iv,,u. op v. .a,,,a,., ~ r !`7 Tl .F o ! TTl aura 1 h., rlo- C h , ,l t r« rh f Ii,,J~7lvr'AZ nyt~fl~tnlzf31.I~rrn~ a~ntft~a t~rryat~ ..nrr~lILf3L,I, a..-aL. L.,,... Council has-ayrve Thin the dlflniionall not im od ceur--. a. ,,va ,..- v. .t.s. a 4 d ..,,, ....... .--..,., do:nt witrh th~ntar l im actlsrictiti ateL a AAAvya.L.A-. Q Street names shall be submitted for review and approval by the Planning Commission, prior to approval of the final map. 6. The developer shall provide constructive notice to all buyers that all homes are required to utilize semi-automated trash containers as provided by the City's franchisee for solid waste collection. 7. D The developer shall provide constructive notice to future buyers that all residential units shall be required to be equipped with trash compactors. 8. The applicant shall meet with the City's Crime Prevention Officer prior to the issuance of building permits for recommendations on security measures to be incorporated into the design of the structures to be constructed. The applicant is encouraged to contact the Police Department at (805) 237-6464 prior to plan check submittal. 9. (Adopted by Planning Commission Resolution 94-038) 3 ****************************************************************************** PUBLIC WORKS DEPARTMENT -The applicant shall contact the Engineering Division, (805) 237-3860, for compliance with the following conditions: APPLICANT: REPRESENTATIVE: PREPARED BY: John Falkenstien CHECKED BY: TO PLANNING: Eric Newton Stanton PROJECT: Tentative Parcel Map 06-0230 C.PRIOR TO ANY PLAN CHECK: The applicant shall enter into an Engineering Plan Check and Inspection Services Agreement with the City. 1. PRIOR TO RECORDING OF THE FINAL OR PARCEL MAP:D. The owner shall pay all Final Map fees, and current and outstanding fees for Engineering Plan Check and Construction and Inspection services and any annexation fees due. 1. If, at the time of approval of the final/record parcel map, any required public improvements have not been completed and accepted by the City the owner shall be required to enter into a Subdivision Agreement with the City in accordance with the Subdivision Map Act, prior to recordation. The owner shall also be required to post securities to guarantee the installation and completion of said improvements as specified in the Subdivision Map Act and submit a Certificate of Insurance as required by the City. The owner shall also be required to post securities for grading in accordance with Section 7008 of the Uniform Building Code, latest edition. This bond shall be of sufficient amount to ensure completion of the grading and drainage facilities. (A 2. finding of "orderly development" has been made for this condition on parcel maps). Bonds required and the amount shall be as follows: Performance Bond...............100% of improvement costs. Labor and Materials Bond........50% of performance bond. The developer shall annex to the City's Landscape and Lighting District for payment of the operating and maintenance costs of the following: L a. Street lights; L b. Parkway and open space landscaping; L c. Wall maintenance in conjunction with landscaping; 3. Qd.Graffiti abatement; Q e. Maintenance of open space areas. Li The owner shall offer to dedicate to the City a 6 foot public utilities and 6 foot tree easement adjacent to all road right-of-ways. The owner shall offer to dedicate to the City the following easement(s). The location and alignment of the easement(s) shall be to the description and satisfaction of the City Engineer: 4. La. [~b. Lc. Ld. Le. Public Utilities Easement; Water Line Easement; Sewer Facilities Easement; Landscape Easement; Storm Drain Easement. (Adopted by Planning Commission Resolution 94-038) 4 The subdivider shall offer to dedicate and improve the following street(s) to the standard indicated:5. WestsidePine Street A-12 City Standard Standard Drawing No.Street Name LI Landscape and irrigation plans for the public right-of-way shall be incorporated into the improvement plans and shall require a signature of approval by the Department of Public Works, Street Superintendent and the Community Development Department. 6. All improvement plans shall be prepared by a registered civil engineer and shall be submitted to the City Engineer for review and approval. The improvements shall be designed and placed to Public Works Department Standards and Specifications. 7. Prior to any site work a Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soils or other soils problems and shall make recommendations regarding grading of the proposed site. 8. LI The applicant shall submit a composite utility plan signed as approved by a representative of each public utility, together with the improvement plans. The composite utility plan shall also be signed by the Water, Fire, Wastewater and Street Division Managers. 9. LI A complete grading and drainage plan prepared by a registered civil engineer shall be included with the improvement plans. Drainage calculations shall be submitted, with provisions made for on-site detention/ retention if adequate disposal facilities are not available, as determined by the City Engineer. 10. ]The owner shall provide an additional map sheet to record concurrently with the final map or parcel map showing the lot configuration, and the area subject to inundation by the 100 year storm with base flood elevations shown in feet, in relation to the National Geodetic Vertical Datum of 1929. 11. The owner shall install all utilities (sewer, water, gas, electricity, cable TV, and telephone) underground to each lot in the subdivision. Street lights shall be installed at locations as required by the City Engineer. All existing overhead utilities adjacent to or within the project shall be relocated underground, except for electrical lines 77 kilovolts or greater. All utilities shall be extended to the boundaries of the project, unless it is determined that no need for future extension exists. All underground construction shall be completed and approved by the City and the public utility companies, and the subgrade shall be scarified and compacted, before paving the streets. 12. Any utility trenching in existing streets shall be overlaid to restore a smooth riding surface as required by the City Engineer. Boring and jacking rather than trenching may be required on newly constructed or heavily traveled City Streets. 13. 14.Prior to paving any street, the water and sewer systems shall successfully pass a City pressure test. The sewer system shall also be tested by a means of a mandrel and video inspection with a copy of the video tape provided to the City. No paving shall occur until the City has reviewed and viewed the sewer video tape and has determined that the sewerline is acceptable. Any repair costs to the pipeline including trench paving restoration shall be at the developer's expense. (Adopted by Planning Commission Resolution 94-038) 5 LI The owner shall install all street name, traffic signs and traffic striping as directed by the City Engineer. 15. LI The adjoining existing City street is inadequate for the traffic generated by the project, or will be severely damaged by the construction. The applicant shall remove the entire roadway and replace it with a minimum full half-width street plus a 12' wide travel lane and 8' wide base shoulder adequate to provide for two-way traffic. (A finding of "rough proportionality" has been made in the resolution for this condition.) 16. LI The development includes a phased street construction along the project boundary for future completion by the adjacent property owner, the applicant shall provide a minimum half-width street plus a 12' travel lane and 4' wide base shoulder adequate for two-way traffic. (A finding of "rough proportionality" has been made in the resolution for this condition.) 17. 18.The project fronts on an existing street. The applicant shall pave-out from the proposed gutter to the edge of pavement if the existing pavement section is adequate, and shall feather the new paving out to the centerline for a smooth transition. If the existing pavement, structural sections or geometrics are inadequate per current City Standards, the roadway shall be replaced to centerline and the remaining pavement shall be overlaid. (A finding of "rough proportionality" has been made in the resolution for this condition.) PRIOR TO ANY SITE WORK:E. The applicant shall obtain a Grading Permit from the City Building Division.1. LI Prior to issuance of a Grading Permit the developer shall apply, through the City, to FEMA and receive a Letter of Map Amendment (LOMA) issued from FEMA. The developer's engineer shall provide the required supporting data to justify the application. 2. Any existing Oak trees located on the project site shall be protected and preserved as required in City Ordinance No. 553, Municipal Code No. 10.01 "Oak Tree Preservation", unless specifically approved to be removed. An Oak tree inventory shall be prepared listing the Oak trees, their disposition, and the proposed location of any replacement trees required. In the event an Oak tree is designated for removal, an approved Oak Tree Removal Permit must be obtained from the City, prior to its removal. 3. 19 All property corners shall be staked for construction control, and shall be promptly replaced if destroyed. 4. Any grading anticipated during the rainy season (October 15 to April 15) will require the approval of a construction zone drainage and erosion control plan to prevent damage to adjacent property. Appropriateness of areas shall be subject to City Engineer approval. 5. LI Any construction within an existing street shall require a traffic control plan. The plan shall include any necessary detours, flagging, signing, or road closures requested. Said plan shall be prepared and signed by a registered civil or traffic engineer. 6. (Adopted by Planning Commission Resolution 94-038) 6 F.PRIOR TO ISSUANCE OF A BUILDING PERMIT: A final soils report shall be submitted to the City prior to the final inspection and shall certify that all grading was inspected and approved, and that all work has been done in accordance with the plans, preliminary report, and Chapter 70 of the Uniform Building Code. 1. The applicants civil and soils engineer shall submit a certification that the rough grading work has been completed in substantial conformance to the approved plans and permit. 2. Building permits shall not be issued until the water system has been completed and approved, and a based access road installed sufficient to support the City's fire trucks, in a manner approved by the Fire Chief. 3. E Prior to issuance of a Building Permit for building within Flood Insurance Rate Map (FIRM) zones Al-A30, AE, AO, AH, A, V1-V30, VE and V, the developer shall provide an Elevation Certificate in accordance with the National Flood Insurance program. This form must be completed by a land surveyor, engineer or architect licensed in the State of California. 4. Prior to issuance of a Building Permit for building within Flood Insurance Rate Map (FIRM) zones Al-A30, AE, AO, AH, A, V1-V30, VE and V, the developer shall provide a Flood Proofing Certificate in accordance with the National Flood Insurance program. This form must be completed by a land surveyor, engineer or architect licensed in the State of California. 5. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:G. O All final property corners and street monuments shall be installed before acceptance of the public improvements. 1. No buildings shall be occupied until all public improvements are completed and approved by the City Engineer, and accepted by the City Council for maintenance. 2. E All disturbed areas not slated for development shall be protected against erosion in a manner acceptable to the City Engineer, which may include hydroseeding or landscaping. 3. The applicant shall pay any current and outstanding fees for Engineering Plan Checking and Construction Inspection Services and any outstanding annexation fees. 4. E All top soil removed shall be stockpiled and evenly distributed over the slopes and lots upon completion of rough grading to support hydroseeding and landscaping. All slope areas shall be protected against erosion by hydroseeding or landscaping. 5. §All construction refuse shall be separated (i.e. concrete, asphalt concrete, wood, gypsum board, etc.) and removed from the project to a recycling facility in accordance with the City's Source Reduction and Recycling Element. 6. 11 7.If any of the public improvements or conditions of approval are not completed or met, then the subdivider may, at the discretion of the City Engineer, enter into a Performance Agreement with the City to complete said improvements at a later date and post securities to cover the cost of the improvements. The form of the agreement and amount of the securities are subject to the approval of the City Engineer. (Adopted by Planning Commission Resolution 94-038) 7 L l A blackline clear Mylar (0.4 MIL) copy and two (2) blueline prints of as-built improvement plans, signed by the engineer of record, shall be provided to the City Engineer prior to the final inspection. A reduced copy (i.e. 1" = 100') of the composite utility plan shall be provided to update the City's Atlas Map. 8. A benchmark shall be placed for vertical control on the U.S.G.S. Datum as required by the City Engineer. 9. PASO ROBLES FIRE DEPARTMENT -The applicant shall contact the Fire Department, (805) 237-3973, for compliance with the following conditions: H. GENERAL CONDITIONS D Fire hydrants shall be installed at intervals as required by the Fire Chief and City Engineer. The maximum spacing for single family residential shall be 500 feet. The maximum spacing for multi- family and commercial/residential shall be 300 feet. On-site hydrants shall be placed as required by the Fire Chief. 1. D Building permits shall not be issued until the water system, including hydrants, has been tested and accepted and a based access road installed sufficient to support the City's fire apparatus (HS-20 truck loading). The access road shall be kept clear to a minimum of 24 feet at all times and shall be extended to each lot and shall be maintained to provide all weather driving conditions. 2. No buildings shall be occupied until all improvements are completed and accepted by the City for maintenance. 3. D If the development includes phased street construction, temporary turn-arounds shall be provided for streets that exceed 150 feet in length. The temporary turn around shall meet City requirements as set forth in the Public Works Department Standards and Specifications. 4. All open space areas to be dedicated to the City shall be inspected by the Fire Department prior to acceptance. A report shall be submitted recommending action needed for debris, brush and weed removal and tree trimming. The developer shall clean out all debris, dead limbs and trash from areas to be recorded as open space prior to acceptance into a Benefit Maintenance District. 5. D Any open space included in a private development shall be subject to the approval of a vegetation management plan approved by the Fire Chief. 6. LI Each tract or phase shall provide two sources of water and two points of access unless otherwise determined by the Fire Chief and Public Works Director. 7. Provisions shall be made to update the Fire Department Run Book.8. 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