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PC R 95-1506RESOLUTION NO. 95-1506 A R�SOLUTION OF TIIE PLANNING COMMISSION OF TI CITY OF ARROYO GRAND� APPROVING T�NTATIVE TRACT MAP NO. 2189, LOCATED AT 260 ROBLES STR�CT, APPLI�U FOIt BY VICK PACE � CONSTRUCTION CO.; AllOPTING A N�GA7'IVE DECLAItATION WITI�I MITI('rATION MEASURES; AND INSTRUCTING TIi� SCCR�TARY TO FIL� A NOTIC� OF DETERMINATION WHEREAS, the Planning Canmission of the City of Arroyo Grand� has considered Tentative Tract Map No. 2189 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent widi the General Plan and the environmental documents associated therewith, anci has reviewed the draft Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act (CEQA); and WI�EREAS, ttie Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS: Tentative Tcact Map No. 2189 l. The proposed tentative tract map, is consistent witll the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requiremenls of the Development Code because the General Plan desigr�ation is Condominium/Townhouse with a maximum density of 9.0 dwelling units per acre, and tl�e applicants are proposing a density of 7.2 units per acre, ancl tlie lot areas, widths, and � depths were found appropriate through the Planned Ur�it 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. The design of tiie tentative tract map or tf�e proposed improvements are not likely to cause substantial and considerable damage to tl�e natural environment, including fish, wildlife or their habitat. � 4. The design of the subdivision or proposed improvements are not likely to cause public healtl� problems. S. The design of the tentative tract 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 lract map or tl�at alternate easements for access or for �,se will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. . Resolulioii No. 95-1.506 Tent�tive Tr�ct M:�p No. 2189 Vick Pace Co»struct.ion Co. M�y 16, 1995 Page 2 I '� L� J � 6. The 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 the California Water Code. 7. Adequate public services and facilities exist or will be provided as the result of lhe proposed tentative tract map to support project development. Dep�rtment of rish �nd G�me Required Findings 1. The City of nrroyo Grande has prepared an initia( study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Tentative Tract Map No. 2189 and Conditional Use Permit Case No. 95-532. 2. Based on the initial st�idy, a negative declaration was prepared for review by the public an review and approval by the Plamiing 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 and found that lhere is no substantial evidence of any signi�icant adverse effect, either individually or on the habitat upon which the wildlite depends as a result of development of this project. NOW, T�IrR�rOltr, Br IT RI'sSOLVED that the Planning Commission of lhe City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the secretary to file a Notice of Determination and approves Tentative Tract Map No. 2189, subject to the above findings and those conditions and mitigations listed below: Gener�l Condit.ions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to tliis project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 16, 1995 and marked "Exhibit A". 3. This tentative map approval shall aulomatically expire on May 16, 1997 unless the final map is recordecl 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 che City, its agents, ofCcers, 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, oCficers, or employees, to attack, set aside, void or annul lhe City's approval of this 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 fi�lly in the defense thereof. 5. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 95-532. Itesululioii No. 95-1506 lentative Tr�ct 1VI:ip No. 2189 Vicic P�ce Constructiou Co. M�y 16, 1995 Page 3 6. A negative declaration has been prepared for tl�is project. Mitigation measures are listed as conditions of approval. Said mitigation measures sl�all be implemented as conditions of approval and shall be monitored by appropriate City departments and otller responsible agencies as indicated by the mitigation measures. 1'he developer shall be responsible for verific�tion iu writing by tl►e n�ouitoring dep�rtment or ageucy that tl�e iniligation ineasures l�ave been imptemented. Mitig�tion Measw 7. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. Monitoring Depai Parks and Recreation/Building Department Time Frame: 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 �rst. A credit of 29 cents per square foot sl�all be allowed for the previous structure. Monitoring Depai•tment:: Fire Department Time T�•ame: Prior to grading or recordation, whichever comes f'trst. 9. In tf�e event that during grading, construction or development of t1�e project, any archaeological resources are uncovered, all work shall be l�alted until tl�e city t�as 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 tl�is mitigation. Monitoring Dep�rtment: IIuilding Department/Public Works Department Time Frame: Prior to issuance of permits for the note, during construction for the balance of the condition. Pl��u�ing Departmeut Conditions 10. Development shall conform with the MF zoning requirements unless ott�erwise approved. 11. Setbacks, lot coverage, and floor area ratios sliall be as sliown on tlie development plans, Exhibit 13, except that buildings on lots 2 and 3 shall have a minimum separation of ten feet (10'). 12. All parking spaces adjacent to a wall, fence, or property line shall tiave a minimum widtli of 11 feet. This does not apply to garage or car port spaces wl�icli sl�all each have a minimum dimension of 10 feet wide �y 20 feet deep. 13. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." 14. The developer shall comply with Development Code Chapter 9-15 °Improvements". All above ground utilities shall be undergrounded. Resol�rt.ion No. 95-150C Tent�t.ive Tract Map No. 2189 Vicic Pace Constructio�� Co. May 1G, 1995 Page 4 15. The developer shall comply wi�h all the requirements of Chapter 9-04 of the Development Code, titled "Land Divisions". 16. Property line fences shall be provided where lhere are no fences or fences are in poor repair prior to recordation of the final map. 17. Prior to recordation of the fnal map, the applicant shall submit C.C. &•R's that establish a homeowner's association to provide for maintenance of the driveways, concrete drain at rear of lots 1 and 2 and common areas and facilities. Ttie CC & R's shall be reviewed and approved by tl�e City Attorney. Public Worlcs Dep�rtrnent Condif.ions 18. An improvement plan shall be prepared by a registered civil engineer to the satisfaction of the Director of Public Works prior to tl�e issuance of any permit/approval. The plan shall include, but not be ]imited to, plan and profile of all required or necessary grading, drainage, utility, and street improvements and shall include such cost estimates, investigations, calculations, fees, and surety as required by the Director. 19. Submit a delailed plan of the intersection of Robles Road and Chilton Street, showing the driveway to the project in relation to the inlersection, to the satisfaction of the Director of Public Wvrks. 20. All improvernent water shall drain to lhe street. Use an under-sidewalk drain to convey water from the property lo the street at the norlh end of the property. 21. Dedicate six feet along the total project frontage for the installation of curb, gutter and sidewalk. Also dedicate ten feet for street tree and public utility easements. 22. Submit plans for public improvements along Robles Road including necessary transitions, subject to review and approva( vf the Director of Public Works. Paving section for conformance shall be a minimum of 3 inches Type B A.C. over 6 inches of Class II base. 23. Extencl sewer ►t�ain into the project and provide an easement. 24. Separate water and sewer service shall be provided to each unit. Water meters shall be located at tlie street. 25. A mylar copy of the recorded map shall be provided lo the Public Works Department prior to issuance of building permits. Parks �nd Recre�t.ion Department Conditions 26. Landscaping and irrigation to be designed by a licensed landscape architect utilizing low flow heads, drip irrigation, drougl�t tolerant plants and mulches for water retention. 27. All slopes 2:1 or greater to be jute mesh or equal. Erosion control measures to be irnplemented on slope areas. Itesolutio�� No. 95-1506 Tentative Tract Map No. 2189 Vicic P�ce Construction Co. May 16, 1995 Page 5 28. The Developer shall meet with the Parks and Recreation Director to determine street trees on propert,y. Street tree fees waived due to preservation of existing trees on the property. 29. 30. 31 The Developer shall include three, 15 gallon trees in the landscaping plan to replace the Oak tree removed. Pruning of existing Oak trees shall be done by a certified arborist. The developer sliall pay current park development fee of $1363 per unit. 32. A certified arborist shall be retained to prune the large fig tree and make sure proper tecl�niques and precautions are followed concerning the branches and roots of tl�e tree during grading and construction (LS.A. Standards and City Ordinance 431 C.S.) of sidewalk and parking lot entry. 33. All existing trees to remain on sit.e sl�all be protected by a 5' higll fence at least eiglit feet from the trunks of all trees. (Trees located on banks away from grading will be eval uated. ) ' Building znd Fire Dep�rt.ment Conditions 34. ' All addresses shall be visible at the street and on individual residences prior to issuance of a Certificate of Occupancy. 35 36. The project shall comply with the most recent editions of the State Fire and Building Code. All roofs shall be Class "A". Police Depar t.ment Conditioiis 37. The fire lane shall be pasted pursuant to Vehicle Code Section 22500.1 On motion of Commissioner Keen, seconded by Commissioner Hatchett, and by the following roll call vote, to wit: AYES: Commissioners Hatchett, Beck and Chairperson Keen NOES: Commissioner Soto ABSEN'I': Commissioners 1'appan and Carr ABSTAIN: Commissioner Deviny the foregoing Resolution was adopted this 16th day of May, 1995. ATTEST: ��-e i `�`j7� �n � Nancy Bro n, Commission Clerk / . J���n Keen, 'rperson