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PC R 99-1726� RESOLUTION NO. 99-1726 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CASE NO. 98-548, LOCATED AT 200 STATION WAY, APPLIED FOR BY ROBERT ANDERSON WHEREAS, the applicant, Robert Anderson, has filed Tentative Parcel Map 98- 548 to subdivide an existing commercial parcel of 1 19,123 square feet into two parcels of 55,497 and 63,626 square feet; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 98-548 at a public hearing on December 21, 1999 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA) and has determined that the project is Categorically Exempt under Section 15315 of the CEQA Guidelines; and WHEREAS, the Planning Commission 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 and the requirements of the Development Code. 2. The design of the Tentative Parcel Map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements are not likely to cause public health problems. 4. The discharge of waste from the project into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7(commencing with Section 13000) of the California Water Code. 5. ,,� Adequate public services and facilities exist or will be provided as a result of the proposed Tentative Parcel Map to support project development. The site is physically suitable for the type of development that could be permitted in the "General Commercial" (GC) District. Resolution No. 99-1726 TPM 98-548 Page2of6 7. 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. California Environmental auality Act: 1. The project would result in the subdivision of a parcel into four or fewer lots. 2. The project site has not been part of a subdivision within the past two years, and average slopes on the site do not exceed 20 percent. 3. The project is exempt from CEQA coverage pursuant to CEQA Guidelines Section 15315. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map Case No. 98-548, _with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and the Secretary is hereby directed to file a Notice of Exemption with the San Luis Obispo County Clerk. On motion by Commissioner Keen, seconded by Commissioner London, and by the following roll call vote, to wit: AYES: Commissioners Keen, London and Chair Green NOES: None ABSENT: Commissioners Parker and Costello the foregoing Resolution was adopted this 21 day of December 1999. Resolution No. 99-1726 TPM 98-548 Page 3 of 6 ATTEST: Kathleen Fryer, Commi 'on Clerk AS TO CONTENT: Kerry L. I Commun ent Director 1 � Laurence Greene, Chair Resolution No. 99-1726 TPM 98-548 Page 4 of 6 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 98-548 Robert Anderson 200 Station Way COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the subdivision of a parcel consisting of 1 19,123 square feet into two parcels of 55,497 and 63,626 square feet. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Tentative Parcel Map Case No. 98-548. 3. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 98-565. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of December 21, 1999 and marked Exhibits "B1 — B2". 5. This tentative map approval shall automatically expire on December 21, 2001 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 6. 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: 7. The developer shall comply with Development Code Chapter 9-4, "Land Divisions". 8. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." Resolution No. 99-1726 TPM 98-548 Page 5 of 6 PUBLIC WORKS DEPARTMENT CONDITIONS PRIOR TO RECORDING THE MAP: 9. Fees - The applicant shall pay all applicable City fees at the time they are due. 10. Preliminary Title Report — A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 1 1. Certificate of Occupancy for CUP 98-565 - A Certificate of Occupancy shall be issued for Phase 1(Buildings 1 and 2) of CUP 98-565. 12. Private Agreements — The applicant shall provide any necessary amendments to the existing CC&Rs and easements to accommodate the modified access, and the maintenance, and shared use of the parking lot, landscaping, fire lanes, private water and sewer lines, utilities, and sewer lift station. The modified CC&Rs and easements shall be approved by the City Attorney and the Community Development Department. 13. Tax Certificate — In accordance with Section 9-15.130 of the Development Code, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. 14. Subdivision Guarantee — A Subdivision Guarantee shall be submitted to the Director of Public Works at the time of Map Recordation. 15. Documents — All easements, abandonments, or similar documents to be recorded as a document separate from the map, shall be prepared by the applicant on 8.5" x 1 1" city standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. 16. Recordation — At the time of map recordation, copies of all recorded documents shall be submitted to the City on either mylar sheets or 8.5" x 1 1" archival quality paper. Resolution No. 99-1726 TPM 98-548 Page 6 of 6 DEDICATIONS AND EASEMENTS: 17. Easements — Provide easements and offers of dedication as required by CUP 98-565. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 18. Utilities — All utilities shall be operational. S:\Community Development Dept. - Shared\DEVELOPMENT REVIEW�Parcel Maps\Anderson TPM 98-548\pc reso.doc