R 3091
. . .
RESOLUTION NO, 3091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOYfING A NEGATIVE
DECLARA TION WITH MITIGA TION MEASURES;
INSTRUCTING THE CLERK TO FILE A NOTICE OF
DETERMINATION, AND APPROVING TENTATIVE TRACT
MAP NO. 2197 AS REVISED, LOCATED AT 260 SPRUCE
STREET, APPLIED FOR BY RICHARD DALE
ARMSTRONG
, I
WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative : I
Tract Map No. 2197 in accordance with the Development Code of the City of Arroyo Grande;
and
WHEREAS, the Planning Commission approved said application on July 5, 1995; and
WHEREAS, on July 17, 1995, the Villa Calle Homeowners Association, representing
owners of adjacent property, filed an appeal of the Planning Commission's approval of said
application; and,
WHEREAS, the City Council of the City of Arroyo Grande held a duly noticed public
hearing on August 8, 1995, to consider said appeal; and,
WHEREAS, after due study, deliberation and public hearing, the City Council directed
the applicant to revise the project design and return for review of said revised design; and,
WHEREAS, the City Council held a duly noticed public hearing on the revised project
design on September 12, 1995; and,
WHEREAS, the City Council finds, after due study, deliberation and public hearing,
the following circumstances exist:
FINDINGS: I
1. The proposed tentative tract map as revised, is consistent with the goals, objectives,
policies, plans, programs, intent, and requirements of the General Plan map and text and
the requirements of the Development Code because the General Plan designation is
Condominium/Townhouse with a maximum density of 9.0 dwelling units per acre, anll
the applicants are proposing a density of 7.5 units per acre, and the lot are2~, widths, and
depths were found appropriate through the Planned Unit Development process.
2. This site as shown on the tentative tract map as revised, 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 the tentative tract map or the proposed improvements are not likely to
cause substantial and considerable damage to the natural environment, including fish,
wildlife or their habitat. -
4. The design of the subdivision or proposed improvements are not likely to cause public
health problems.
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Resolution No. 3091
Tentative Tract Map No. 2197
Richard Dale Armstrong
September 12, 1995
Page 2
5. 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 tract map or that alternate easements for access or for use will be
provided, and that these alternative easements will be substantially equivalent to ones
previously acquired by the public.
6. The discharge of waste from the proposed subdivision into an existing community sewer
L-.. 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
proposed tentative tract map to support project development.
Department of Fish and Game 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 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 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 City Council of the City of Arroyo Grande
hereby adopts a negative declaration with mitigation measures, instructs the Clerk to file a
Notice of Determination and approves Tentative Tract Map No. 2197 as revised, subject to the
above 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", except as
modified by "Exhibit C. "
3. This tentative map approval shall automatically expire on September 12, 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 shaH defend, indemnify and hold harmless the City, its agents, officers,
Resolution No. 3091
Tentative Tract Map No. 2197
Richard Dale Armstrong
September 12, 1995
Page 3
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 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.
,
5. The applicant shall comply with all conditions of approval for Conditional Use Permit I
Case No. 95-534. -..--
6. 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 writ.ing by the monitoring department or agency that the
mitigation measures have been implemented.
Mitigation Measures
7. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community
Tree Ordinance.
Monitoring Department: 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 recordation.
Based on review by the Director of Building and Fire, credit may be given (if applicable)
for utilization of alternative means of protection.
Monitoring Depal1ment: Fire Department
Time Frame: Prior to grading or recordation, whichever comes first.
9. 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
improvement plans shall be noted to reflect this mitigation.
Monitoring Department: Building Department/Public Works Department
Time Frame: Prior to issuance of permits for the note, during construction for
the balance of the condition.
Planning Department Conditions
10. Development shall conform with the MF zoning requirements unless otherwise approved.
11. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations."
Resolution No. 3091
Tentative Tract Map No. 2197
Richard Dale Annstrong
September 12, 1995
Page 4
12. All new utilities shall be undergrounded.
13. The 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 the final map.
15. Prior to recordation of the final map, the applicant shall submit CC & R's or a
maintenance agreement that establishes a method to provide for maintenance of the
driveways, common areas and facilities. The CC & R's shall be reviewed and approved
by the City Attorney and recorded concurrently with the final map.
Public Works Depar1ment 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 street 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 Director 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 the
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 the developer shall provide the City with a mylar
copy of the recorded Tract Map.
Parks and Recreation Department Conditions
24. Landscaping and irrigation plan to be designed by a licensed landscape architect utilizing
Resolution No. 3091
Tentative Tract Map No. 2197
Richard Dale Armstrong
September 12, 1995
Page 5
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 the landscape plan.
26. The developer shall pay current park development fee of $1,363 per unit prior to
recordation of the final map. i
I
Building nnd Fire Department Conditions I
27. All addresses shall be visible at the street and on individual residences prior to issuance
of a Certificate of Occupancy.
28. The project shall comply with the most recent editions of the State Fire and Building
Code.
29. Driveway shall be posted and enforced as a fire lane per Police and Fire Department
guidelines.
30. 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.
31. Dust control management shall be provided during all phases of construction.
32. All conditions of approval shall be shown on the construction plans.
33. A demolition permit shall be obtained prior to demolition of the existing house to obtain
existing credits.
34. No grading or stock piling of dirt prior to Public Works and Building Departments
approvals.
,
Police Department Conditions
35. Provide pole mounted light fixtures to illuminate parking/driveway area on north side of
the project.
36. Prior to issuance of a Certificate of Occupancy the applicant shall post entrance to project
as follows: "No parking except tenants and guests per 22658 Vehicle Code and 4-12.01
Arroyo Grande Municipal Code."
On motion of Council Member Brandy , seconded by Council Member Pu] 1 p-r
_, and by the following roll call vote, to wit:
A YES: Fuller, Lady and Mayor Pro Tern Souza
NOES:
t
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Resolution No. 3091
Tentative Tract Map No. 2197
Richard Dale Annstrong
September 12, 1995
Page 6
A TTFST:
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NANC~ VIS, CITY CLERK
~
LYON, CITY A TIORNEY
APPROVED AS TO CONTENT:
~kJ:rL. fk~
ROBERT L. HUNT, CITY MANAGER
I, Nancy A. Davis, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State
of California, do hereby certify under penalty of perjury that the foregoing Resolution No. 3091
is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of
said Council on the 12th day of September 1995.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
September 1995.
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NANC~VIS, CITY CLERK
CITY OF ARROYO GRANDE