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R 3266 RESOLUTION NO. 3266 A RESOLUTION OF THE CITY OF ARROYO GRANDE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION; INSTRUCTING THE CITY CLERK TO FILE A NOTICE" OF DETERMINATION AND APPROVING TENTATIVE PARCEL MAP 97-544, LOCATED AT 1570 WEST BRANCH STREET, APPLIED FOR BY WOOD INVESTMENTS WHEREAS, the applicant, Wood Investments, has applied for approval of Tentative Parcel Map 97-544 to subdivide two existing commercial parcels into three parcels of 6.39 acres, 3.05 acres, and 0.46 acres, respectively, as illustrated on Exhibit U A" to Attachment U A"; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map 97-544 at public hearings on November 18, and December 16, 1997 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission of the City of Arroyo Grande voted 3-2 to recommend approval of Tentative Parcel Map 97-544 at the December 16, 1997 meeting; and WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative Parcel Map 97-544 at a public hearing on January 13, 1998 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the City Council found that this project is consistent with the City's General Plan, Development Code and the environmental documents" associated therewith, and has reviewed the draft Negative Declaration under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council 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 Arroyo Grande General Plan, Development Code and the Oak Park Acres Planned Development #140 because the proposed parcels are consistent with the required lot areas, widths, and depths as specified in Planned Development 1.1. 2. This site as shown on the tentative parcel map, is physically suitable for future development because all necessary easements, adequate circulation and setbacks could be provided. The site is also suitable for future development because parking may be provided through a reduction as specified in Section 9- 12.050 (1) of the Developme.nt Code. 3. This site as shown on the tentative tract map, is physically suitable for the future density of development because all necessary easements, adequate circulation and setbacks could be provided to accommodate an additional building within the shopping center. Resolution No. 3266 Page 2 of 5 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or proposed improvements is not likely to cause public health problems. 6. The design of the tentative parcel. 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 parcel 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 because there are no existing or proposed public easements for the proposed parcel map. 7. 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. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel 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 1 5063 of the Guidelines of the California Environmental Quality Act for Tentative Parcel Map 97-544. 2. Based on the initial study, a negative declaration was prepared for public review. 3. After holding a public hearing pursuant to law, and considering the record as a whole, the City Council considered the negative declaration together with comments received during the public review process, and finds that there is no substantial evidence of any significant adverse environmental 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, instructs the City Clerk to file a Notice of Determination and approves Tentative Parcel Map 97-544, with the above findings and subject to the conditions of approval as set forth in Attachment "A", attached hereto and incorporated herein by reference. On motion by Council member Lady , seconded by Councilmember Ftil.J..er", and by the following roll call vote, to wit: Resolution No. :3266 Page 3 of 5 AYES: Council Members Lady, Fuller, Runels, and Mayor Dougall NOES: Council Member Tolley ABSENT: None the foregoing Resolution was adopted this 13th day of January 1998. ATTEST: APPROVED AS TO FORM: APPROVED AS TO CONTENT: ttm L. +l-LW\ 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 that the following Resolution No.: 3266 is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 13th day of January 1998. WITNESS my hand and the seal of the City of Arroyo Grande affixed this26thday of .:EnEry, 1998. . '11~a.~ NANCY A. VIS, CITY CLERK Resolution No. 3266 Page 4 of 5 ATTACHMENT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 97-544 Wood Investments 1570 West Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the subdivision of two (2) parcels into three (3) parcels consisting of 6.38 acres, 3.05 acres, and 0.46 acres with reciprocal parking and access. 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 January 13, 2000 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 City Council at the meeting of January 13, 1998 and marked Exhibit "A" . 4. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. DEVELOPMENT CODE 5. All future development shall conform to the Development Code requirements and Planned Development 1.1 except as otherwise approved. 6. The developer shall comply with Development Code Chapter 9-04, "Land Divisions". 7. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." Resolution No.3 266 Page 5 of 5 SPECIAL CONDITIONS 8. Prior to recordation of the final map, the Parks and Recreation Director shall inspect the site and require that missing trees and other original landscaping be replaced. . 9. Future development within the Oak Pak Plaza shopping center may require approval of a parking reduction consistent with Development Code section 9- 12.050. 10. Future development within the center shall conform to. the Oak Park Acres Planned Development general architectural theme of western, ranch, and/or Spanish with emphasis on low roof lines, good overhangs, abundant use of slump stone, heavy wood, stucco and brick. No rock roofs or composition shingle shall be permitted. The architectural style shall also be consistent with the existing buildi"ngs within the plaza. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. DEDICATIONS AND EASEMENTS 11. Private and public easements shall be reserved on the map, or other separate document as determined by the Director of Public Works. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 12. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Parcel Map ($215 + $11.00 per lot). 13. Prior to checking the map, a current preliminary title report shall be submitted to the Director of Public Works. A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. SPECIAL CONDITIONS 14. Prior to recording the map, the applicant shall submit a recorded document signed by all property owners within Oak Park Plaza granting permission to alter the site circulation and parking for development of Parcel 3.