Loading...
PC R 97-1610RESOLUTION NO. 97-1610 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE SECRETARY TO FII.E A NOTICE OF DETERMINATION, AND APPROVING TENTATIVE PARCEL MAP CASE NO. 97-535, LOCATED AT 198 SOUTFi ALPINE STREET, APPLIEll FOR BY ROBERT OLDEMEYER WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 97-535 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 the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Pianning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed tentative parcel map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Anoyo Grande General Plan and the requirements of the Development Code. The General Plan designation is Residential Single Family (SF) with a maximum density of 4.5 dwelling units per acre. The applicant is proposing a density of 2.2 units per acre. The lot areas, widths, and depths meet the requirements of the Development Code. 2. This site as shown on the tentative parcel map, is physically suitable for the proposed type and density of development because all necessary utility easements, drainage facilities, and setbacks can be provided. 3. 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. 4. The design of the subdivision or proposed improvements are not likely to cause public health problems. 5. The discharge of waste from the project into an existing cornmunity sewer system will not result in violation of existing requirements as prescribed in Division 7(commencing with Section 13000) of the California Water Code. 6. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. � f[1a The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations. " , . Prior to recordation of the parcel map, the developer shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be undergrounded. 10a. Prior to recordation of the Pareel Map, a deed restriction, to be reviewed and approved by the City Attomey, shall be recorded for Parcel2. The deed restriction shall limit the height of a structure to 18 feet or one story unless a Viewshed Review Permit is approved. PARKS AND RECREATION DEPARTMENT CONDITIONS PARK DEVELOPMENT FEES 11. Prior to recordation of the fmaUparcel map, the developer shall pay the current park development fee for each lot approvetl, in accordance with City Ordinance 313 C.S. TREE PRESERVATION/TREE REMOVAL PLAN 12. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Parks and Recreation/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and specie of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs on trees or adjacent property. 13. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Parks and Recreation Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. UBC/LTFC 14. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. PUBLIC WORKS DEPARTMENT CONDI'I'IONS All conditions of approval herein specified, unless otherwise noted, are to be complied with prior to t6e filing of the map. 2 STREETS 15. A private easement be reserved on the map for access to Parcel 2 of Parcel Map AG 96- 101. 16. Improvements required of developing parcel will include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, raised medians, grading and drainage. Any grading and drainage should flow to the street. IMPROVEMENTS 17. The following improvements shall be designed in accordance with City specifications and standards: a. Street plan and profile b. Drainage ditches, culverts, and other structures (if drainage calculation require) c. Water plan d. Sewer plan SE�R 18. Tfie subdivider shall install sewer laterals to each buildable lot shown on the tentative map at a size appropriate for proposed use. The minimum size shall be four inches (4"). PUBLIC UTII,ITIES 19. 20. 21. 21a. All new public utilities shall be undergrounded to comply with the Development Code. All existing on-site public utilities shall be placed underground as a condition of Parcel Map No. AG 96-101. Prior to occupancy of any parcel within Parcel Map No. AG 96-101, all public utilities shall be operational. Prior to recordation of the Tentative Parcel Map, water and sewer services shall be extended to Parcel 2. 22. At time of Public Improvement Plan review, plans shall be submitted to all applicable public utility companies including but not limited to Pacific Gas and Electric (P. G. & E. ), General Telephone (G.T.E.), Cable TV and Southern California Gas Company for review. Comments from the utilities regarding required easements, transformer locations, etc. shall be forwarded to Public Works Department for review and approval. EASEMENTS/DEDICATIONS 23. A minimum 6' Public Utility, Cable TV, and Telephone easement shall be dedicated adjacent to all street right-off-way. All public utility easements shall be shown on the map. �1 LJ 3 24. The applicant shall dedicate 6' tree planting and maintenance easements adjacent to all public street right-of-way, or as directed by the Parks and Recreation Department. FEES . Note: The fees given at this time are estimates calculateri using rates cunenfly in effect. The actual amount due shall be calculated using fee rates in effect at the time of payment. 25. Map Checking fees, in an amount to be determined, shall be collected prior to review of plans. 26. Public Improvement Plan Plancheck and Inspection fees shall be collected based on approved estimated cost of public improvement. 27. All of the fee shall be collected prior to recordation of the parcel map. BONDS/SLTREI'Y 28. Faithful Performance - 100% of the approved estimated cost of all public improvements. 29. Labor & MateriaLs - 50 % of the approved cost estimate. 30. One Year Guarantee - 10% of the approved cost estimate. 31. Monumentation - Prior to recordation of the finaUparcel map, amount set by the developer's engineer and approved by the Public Works Department of the monuments are to be set and accepted by the City. 32. Other surety bonds shall be provided as follows: Curb and gutter are already installed on the South Alpine Street frontage. A surety bond shall be provided for the sidewalk improvements and for the undergrounding of public utilities if not installed prior to recordation of the parcel map. REPORTS/PLANS 33. Prior to recordation of the fmal map, a current preliminary ritle report shall be submitted to the Public Works Director. 34. Public improvement plans prepared by a registered civil engineer and approved by the Public Works Department will be required. Improvement plans shall include surface improvements plan and profile, underground improvements plan and profile, and signing and striping plans for all arterial streets. 35. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directeti by the Director of Public Works or the Community Development Director. 4 36. All required improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Specifications and Drawings. 37. All easements to be dedicated as a condition of development will require the applicant to provide legal descriptions, sketches (8-'/� x 11 City Standard Form), closure calculations, the submittal of a current tifle report and payment of current Public Works Department Fees for processing tluough the City. Paperwork shall be in an approved form, prior to issuance of building permits. WATER 38. Each water meter will require a separate lateral to the mainline. Identify as such on the building plans. 39. Any existing water services not to be utilized by this development shall be abandoned by the developer at the mainline per City requirements. STANDARD MI�ZGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of appmval and shali be monitored by the appropriate City depar�ment or responsible agen�y. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. ARCHAEOLOGY 1. In the event that during grading, construction, or development of the project, any archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human burials are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvements plans shall be noted to reflect this mitigarion. A representative of the appropriate tribe shall be present on site during all grading, trenching and excavation. Time Frame: Prior to issuance of grading or building pernuts for the note, during construction. Monitoring Department: Building and Fire Department/Public Works Department. 5 Resolution No. 97-1610 Tentative Parcel Map Case No. 97-535 Robert Oldemeyer , April 1, 1997 ' Page 2 Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA) for Tentative Parcel Map Case No. 97-535. 2. Based on the initial study, a Negative Declaration with Mitigation Measures has been drafted for review by the public and review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the � record as a whole the Planning Commission adopted the Negative Declaration with Mitigation Measures, finding that there is no substantial evidence of any significant adverse effect, either individually or cumuladvely on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project., NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration with Mitigation Measures, instructs the secretary to file a Notice of Determination, and approves Tentative Parcel Map Case No. 97- 535, with the above findings and subject to the conditions as set forth in Attachments "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Greene, seconded by Commissioner O'Donnell, and by the following roll call vote, to wit: AYES: Commissioners Greene, O'Donnell, Haney, Rondeau and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this lst day of April, 1997. ATTEST: 1 V l.V1V 11'.lr 1: Blanck, Comrrlunity Development Director EX�IT "A" CONDITIONS OF APPROVAL TENrATIVE PARCEL MAP CASE NO. 97-535 Robert Oldemeyer 198 South Alpine Street COn2MUNITY DEVELOPMII�iT DEPARTMENT GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. This tentative map approval shall automatically expire on March 18, 1999 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of March 18, 1997 and marked Fxhibit "B" . 4. The applicant shall agree to defend at his/her sole expense any action brought against the City, jXs present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 5. prior to issuance of a fu�al certificate of occupancy, the developer shall provide mail receptacles foz the units as required by the Postmaster of the Pismo Beach Post Office. DEVELOPMENT CODE 6. Development shall conform with the Single Family (SF) zoning requirements except as otherwise approved. 7. Prior to recordation of the fmaUparcel map, properiy line fences shall be provided where there are no fences or fences are in poor repair. Design of fences shall be as shown on Fxhibit "B" or if not shown shall be subject to review and approval of the Community Development Director. 7a. The height of the fence, in combination with a retaining wall, shall not exceed 6 feet when measured from existing site grade. � � 8. The developer shall comply with Development Code Chapter 9-04, "Land Divisions".