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PC R 94-1466RTSOLUTION NO. 94-146G A RFSOLUTION OF TI�IE PLANNING COMMISSION OF TI-IE CITY OF ARROYO GRANDE APPROVING AMEI�IDED TCNTATIVE PARCCL MAP CAS� NO. 92-507, LOCAT�D AT 1101 IiUASNA ROAll, APPLIED FOR BY BOB BOW�N; ADOPTING A NEGATIVE DECLARATION; AND INSTRUCTING T'HE S�CRETARY TO FILE A NOTICE OF llETERMINATION . WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Tentative Parcel Map Case No. 92-507 in accordance with the Development Code of the City of Arroyo Grande; and W�iEREAS, the Planning Commission has found that this project is consistent witli tl�e General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Q�ality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: l. The proposed Tentative Parcel Map, design and improvements of this subdivision are consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of t}�e Development Code. The General Plan designation is Residential Suburban with a maximum density of 2.5 dwelling units per acre, and the applicants are proposing a density of 1.25 units per acres, and the lot areas, widths, and depths meet the requirements of the Development Code. 2. This site as shown on the tentative parcel map, is pl�ysically suitable for the proposed type and density of development because all necessary easements, parking, 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 and considerable damage to the natural environment, including t"ish, wildlife or their habitat provided the mitigation measures adopted as conditions of approval are implemented. Furthermore, payment of the new traffic mitigation fee (as opposed to paying the old fee) will adequately mitigate project impacts on City transportation facilities. 4. The proposed design of t}�e subdivision or proposed improvements are not likely to cause public health problems. 5. The design of t}ie Tentative Parcel Map or tl�e 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 or tl�at alternate easements for access or for use will be provided, and that these alternative easernents will be substantially equivalent to ones previously acquired by the public. � Resolution No. 94-1466 Amended Tentative Parcel Map Case No. 92-507 Bob Bowen April 5, 1994 Page Two 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 the proposeci Amended Tentative Parcel map. Department of Fish a��d Ga�ne Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Amended Parcel Map Case No. 92-507. 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 hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the 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 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 Amended Tentative Parcel Map Case No. 92-507, subject to the above findings and the following conditions of approval: CONDITIONS FOR APPROVAL: General Conditions 1. The applicant shall comply with all the conditions of approval of Tentative Parcel Map Case No. 92-507 except as specifica(ly modified herein. 2. 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 Sec[ion 66499.37, against the City its agents, officers, or employees, to attack, set aside, void or annul the 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 fully in the defense thereof. 3. A negative declaration has been prepared for this project. Mitigation measures are listed as conditions of approval. Said mitigation measures shall be implemented as conditions of approval and shall be monitored by appropriate City departments and other responsible agencies as indicated by the mitigation measures. The developer shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Resolution No. 94-14G6 Amended Tentative Parcel Map C�se No. 92-5Q7 Bob Bowen April 5, 1994 Page T'hree 4. This amended tentative map approval shall automatically expire on April 5, 1996 unless the parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. Mitigation Measures 5. (Condition of approval number 11 of Tentative Parcel Map Case No. 92-507 approved on February 16, 1993 is deleted and replaced with tl�is condition.) Prior to recordation of the final map, the developer shall enter into an agreement with the City, in a form acceptable to the City Attorney, whereby, the developer agrees, on behalf of himself and his successors in interest, to pay the City a fee of Five Hundred, Thirty Eight Dollars and Twenty Two Cents ($538.22) per residential unit, to be paid for each residential unit prior to issuance of building permits or within five (5) years of recordation of the parcel map, whichever comes first. Fire Department Conditions 6. (Condition of approval number 27 of Tentative Parcel Map Case No. 92-507 approved on February 16, 1993 is deleted and replaced with this condition.) a. Prior to recordation to the parcel map, the applicant shall provide, to the satisfaction of the Fire Chief, red curbing and, if required, no parking signs to Police Department standards on the radius of the cul-de-sac. b. If the� farthest wall of any structure exceeds 150 feet from the curb line, then alternative means of fire protection must be implemented to the satisfaction of the Fire Chief. On motion by Commissioner Tappan, seconded by Commissioner Deviny, and by ttie following roll call vote, to wit: AYFS: Commissioners Tappan, Soto, Deviny, Hatchett, and Chairman Carr NOES: None ABSENT: Commissioners Reilly, and Keen the foregoing Resolution was adopted this Sth day of April, 1994. ATTFST: Nancy Brow , Commission Clerk � Robert W. Carr, Chairman