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PC R 95-1522RESOLUTION NO. 95-1522 A RESOLUTION OT TI-iE PLANNING COMMISSION OF THE CITY OT ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WIT�i MITIGATION M�ASURES; INSTRUCTING TI�E S�CRETARY TO TILE A NOTICE OF DET�RMINATION, AND APPROVING TENTATIVE TRACT MAP NO. 2197, LOCATED AT 2G0 SPRUCE STREET, AFPLIED FOR BY RICI�ARD DAL� ARMSTRONG , WII�RCAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map No. 2197 in accordance witfi tlie Development Code of tlie 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 has reviewed the draft Negative Deciaration with mitigation measures under the provisions of tlie California Environmental Quality Act (CEQA); and WIIEREAS, tl�e Planning Commission i"inds, after due study, deliberation and public liearing, t11e following circumstances exist: FINDINGS: 1. The proposed tentative tract map, is consistent with the goals, objectives, policies, plans, programs, interit, and requirements of the General Plan map and text and the requirements of tl�e Development Code because the General Plan designation is Condominium/Townhouse with a maximum density of 9.0 dwelling units per acre, and the applicants are proposing a density of 7.5 units per acre, and the lot areas, widths, and depths were found appropriate througl� the Planned Unit Development process. 2. This site as shown on the tentative tract map, is physically suitable for the proposed type and density of development because all necessary easements, parking, open space, and setbacks can be provided. 3. Tlie design of the tentative tract map or the proposed improvements are not likely to cause substantiai and considerable damage to the natural environment, including fish, wildlife or their habitat. 4. The design of tl�e subdivision or proposed improvements are not likely to cause public health problems. 5. The design of tlie tentative tract map or the type of improve►nents will not conflict witl� easements acquired by the public at large for access through, or use of, property within tl�e proposed tentative tract map or that alternate easements for access or for use will be provided, and that tliese alternative easements will be substantially equivalent to ones previously acquired by tl�e public. 6. Ti�e discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7 (commencing with Section 13000) of tfie California Water Code. �� �u Resolution No. 95-15 2 2 Tentative Tract Map No. 2197 Richard Dale Armstroug July 5, 1995 Page 2 7. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Department of Fish and Game Required Tindings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environrnental Quality Act for Tentative Tract Map No. 2197. 2. Based on the initial study, a negative declaration was prepared for review by the public an review and approval by the Planning Commission. 3. After holding a public tiearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopteci tl�e negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of tliis project. NOW, THEREFORE, B� IT RTSOLVED that [lie Planning Commission of the City of Arroyo Grande liereby adopts a negative declaration with mitigation measures, instructs the secretary to file a Notice of Determination and approves Tentative Tract Ivlap No. 2197, subject to the aUove findings and those conditions and mitigations listed below: General Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of July 5, 1995 and marked "Exhibit A". 3. This tentative map approval sl�all automatically expire on July 5, 1997 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 4. The subdivider shall defend, indemnify and hold harmless the City, its agents, 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 its agents, officers, or employees, to attack, set aside, void or annul the City's approval of tliis subdivision. � In order for this condition to be effective, the City must promptly notify subdivider of any such claim, action or proceeding and must cooperate fully in the defense thereof. 5. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 95-534. n L__J Resolution No. 95-1522 Tentative Tract Map No. 2197 Rich�rd Dale Armstrong July 5, 1995 Page 3 6. A negative declaration lias been prepared for lhis project. Mitigation measures are lisled as conditions of approval. Said miligation measures shall be implemented as conditions of approval and sliall be monitored by appropriate City departments and other responsible agencies as indicated by the mitigation measures. Ttie developer sl�all be responsible for veri�c�tion in writing by t.he monif.oring dep�rtment or �gency that the mitig�tion ►neasures have been implement.ed. Mitigation Meas�res 7, The applicant shall cornply with the provisions of Ordinance 431 C.S., tl�e Community Tree Ordinance. Monitoring Department: Parks and Recreation/Building Department Tiune Fraine: Prior to and During Construction 8. Fire Department Impact Fees of $750.00 per lot shall be paid prior to grading or lot recordation, whichever comes first. A credit of $750.00 shall. be allowed for the existing structure. Monit.oring Dep�rtment: Fire Department � Time Fr�me: Prior to grading or recordation, whichever comes first. 9. In the event tl�at during grading, construction or develop►nent vf the prvject, 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 improvement plans sliall be noted to reflect this mitigation. Monitoring Depac Building Department/Public Works Department Time Trame: Prior to issuance of permits for the note, during construction for the balance of the condition. Plan��ing Dep�i-tment Conditions 10. Development shall conform witl� the MF zoning requirements unless otherwise approved. 11. The developer sl�all comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." 12. All new utilities shall be undergrounded. 13. Tl�e developer shall comply with all the requirements of Chapter 9-04 of the Development Code, titled "Land Divisions". 14. Property line fences shall be provided where there are no fences or fences are in poor repair prior to recordation of tt�e final map. 15. Prior to recordation of the final map, the applicant shall submit CC & R's or a Resolution No. 95-1522 Tentative Tract Map No. 2197 Richard Dale Armstrong July 5, 1995 Page 4 maintenance agreement that establishes a method to provide for maintenance of tf�e driveways, common areas and facilities. The CC & R's sliall be reviewed and approved by the City Attorney and recorded concurrently with the final map. Public Works Department Conditions 16. Prior to or concurrent with recordation of the final map the developer shall dedicate one foot (1') along the property frontage for widening of Spruce Street and a ten foot (10') wide streeE tree and public utilities easement. . 17. The developer shall install concrete curb, gutter and sidewalk to City Standards with necessary paving conformance. Paving section to be minimum of 6" Class II base and 2 1/2" Type B asphalt concrete. 18. Prior to recordation of the final map the developer shall submit a grading and drainage plan for review and approval of the Direc[or of Public Works. All improvement water to drain to the street. Provide necessary drainage easements prior to or concurrent with recordation of the final map. 19. All civil engineering plans to be prepared, stamped and signed by a civil engineer registered in the State of California. 20. The developer shall extend a sewer main to the project with a minimum of 8" PVC SDR pipe. Install sewer manhole with its connection of Spruce Street and at the end of tlie line. Provide an easement with a minimum width of 20 feet prior to or concurrent with recordation of the final map. 21. All units shall be served with City water. Water services shall start from a manifold under the sidewalk. Size of waterline between the manifold and the water main shall be determined by fire flow requirements. 22. Prior to recordation of the final map, the developer shall pay drainage fees per adopted resolution. 23. Prior to issuance of building permits tt�e developer sl�all provide the City witl� a mylar copy of the recorded Tract Map. Parks and Recreation Depai Conditions 24. Landscaping and irrigation plan to be designed by a licensed landscape arcl�itect utilizing low flow heads, drip irrigation, drought tolerant plants and mulches for water retention. 25. The developer shall include one, 15 gallon street tree for each lot in tl�e landscape plan. 26. Pruning of existing Oak tree shall be done by a certified arborist. 27. The developer shall pay current park development fee of $1,363 per unit prior to issuance of grading permit. Resolut.ion No. 95-1 S 2 2 Tenfat.ive Tr�ct M�p No. 2197 Richs�cd ll�le Ar�nstrong July 5, 1995 Ps�ge 5 � 13uilding and Fire Departrnent Conditions 28. All addresses sliall be visible at tl�e street aiid on individual residences prior to issuance of a Certificate of Occupancy. 29. 30. 31. 32. 33. 34. 35. The project shall comp(y with the most recent editions of the State Fire and Building Code. Driveway shall be posted and enforced as a fire lane per Police and Fire Department guidelines. Prior to issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, wells, pipes and so forth. Dust control ►nanagement sl�all be provided during all phases of construction. All conditions of approval sliall be shown on the construction plans. A demolition permit shall be obtained prior to demolition of the existing house to obtain existing credits. No grading or stock piling of dirt prior to Public Works and Building Departments approvals. Police Department. Conditions 36. Provide pole mounted light fixtures to illuminate parking/driveway area on north side of the project. 37. Prior to issuance of a Certificate of Occupancy post entrance to project: Nv parking except tenants and guests per 22658 Vehicle Code and 4-12.01 Arroyo Grande Municipal Code. On motion of Commissioner Deviny, seconded by Cornmissioner Beck, and by the following roll call vote, to wit: AYE,S: Commissioners Deviny, IIeck and Keen NOTS: Commissioners Tappan and Carr ABSENT: Commissioners Soto and Hatchett the foregoing Resolution was adopted this Sth day of July, 1995. ATTEST: � , - Nanc�—B�- , Commi�on Cl � � �/ _�.''1 • � � �- •�