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PC R 99-1681RESOLUTION NO. 99-1681 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION; AND APPROVING TENTATIVE PARCEL MAP CASE NO. 2306, AND APPROVING VARIANCE CASE NO. 98-211 LOCATED AT ALPINE WAY BETWEEN FAIR OAKS AND DODSON WAY APPLIED FOR BY JERREN JORGENSEN WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 2306 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Variance Case No. 98-21 1, filed by Jerren Jorgensen, to allow the access roadway to the proposed lots to remain in its present configuration and to avoid grading which would otherwise be required by the Development Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS RE: VARIANCE 1. The strict literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others in the surrounding area. The proposed parcel map would divide a single lot to permit development as individual home sites. The parcel is located in an area which has been developed as residential uses, and is the last remaining parcel in the area. Approval of the variance would permit reasonable development of the parcel consistent with other properties in the general vicinity. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. The general vicinity of the project site has been identified as having archaeological deposits of significance to the Chumash Indian community. Other properties in the area Resolution No. 99-1681 Jerren Jorgensen January 19, 1999 Page 2 of 4 were developed before discovery of the deposits, and the parcel in questions has therefore been subject to interest and development constraints not applied to other properties. Development of the site has proceeded with the objective of avoiding disturbance of the archaeological resources. 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by owners of other properties classified in the same zone because Other properties in the vicinity of the project were developed prior to discovery of the archeological resources, and application of the requirements for improving roadways to the project would involve investigation and mitigation measures not applied to other properties in the vicinity. 4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Other properties in the vicinity of the project were not required to conduct intensive examination of archaeological resources because the presence of such resources was not an issue at the time of such development. Permitting a variance in this case would enable the applicant to avoid interference with or disturbance of such resources, and would not result in a special privilege to the applicant. ' 5. 6. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code which FINDINGS RE: PARCEL MAP 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. 3. The site is physically suitable for the type of development proposed. The site is physically suitable for the proposed density of development. 4. 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. 5. The design of the subdivision or proposed improvements are not likely to cause serious public health problems. Resolution No. 99-1681 Jerren Jorgensen January 19, 1999 Page 3 of 4 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. 7. 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. 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 of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA) for Tentative .Parcel Map Case No. 97-537. 2. Based on the initial study, a Negative Declaration has been drafted for review by the public and 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, finding that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 71 1.2 of the Fish and Game Code 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, instructs the secretary to file a Notice of Determination, and approves Tentative Parcel Map Case No. 2306, and approves Variance Case No. 98-211 with the above findings and subject to the conditions as set forth in Attachments "A",-attached hereto and incorporated herei.n by this reference. � Otl mOtiOrl by Commissioner Hanev seconded by Commissioner xeen and by the following roll call vote, to wit: , AYES: Commissioners Lubin, Parker, Keen, and Haney NOES: None . ABSENT: None the foregoing Resolution was adopted this 19 day of January, 1999. Resolution No. 99-1681 Jerren Jorgensen January 19, 1999 Page 4 of 4 ATTEST: Kathleen Fryer, Commis on Clerk AS TO CONTENT: �� James Hamilton, Communit�evelopment Director � EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 2306 Jorgensen Alpine Way between Fair Oaks and Dodson Way COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the subdivision of a 0.88 -acre parcel into four (4) lots of 8,000 sq. ft., 8,000 sq. ft., 9,300 sq. ft. and 13,200 sq. ft. �� 2 The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Tentative Parcel Map Case No. 2306. 3. This tentative map approval shall automatically expire on January 18, 2001 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 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. 5. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of January 19, 1999 and marked Exhibit ,� DEVELOPMENT CODE [:� 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" ENVIRONMENTAL DOCUMENT CONDITIONS 8. A sub-surface survey of all proposed pipeline routes, alternate routes (if primaries are destructive to confirmed cultural material) and other construction related excavation plans, shall be conducted by the designated archaeologist and consultant, for the purpose of locating the least destructive routes and excavation plans on the residential remainder. This survey be made available to the Northern Chumash Council, which shall consider its findings and recommendations in order to render a final decision on the approval of the pipeline routes and the Mitigation Plan. Subsurface survey shall consist of a series of 6"auger holes (or STP), screened in 1/16" mesh, at 2 meter intervals along the proposed trenching routes. 9. "Trenching zones" shall be designated to allow for maximum flexibility for route selection. These zones should be about twenty feet (20') wide. Also, since it is known that the most archaeologically sensitive portion of the site is located in the middle of said site, separate trenches for these parcels shall be avoided; that is, lines for these parcels shall be "stacked" on the lines of adjacent parcels. Further, the sum total of pipeline trenches shall be reduced by means of "stacking" for all parcels. 10. Alt cultural material �unearthed during all excavation activities shall be the property of the Elders of the Northern Chumash Council, and shall be returned to the latter after appropriate scientific registration and documentation in a timely manner (which shall not exceed 24 hours from time of excavation.) 1 1. Steel conduits shall be used in order to encase various pipelines on the site, so that the depth of the pipeline trenches can be minimized. Pipeline routes shall be made as short and shallow as possible. 12. The Construction area of the site shall be capped with maximum allowable fill material as a means of further reducing excavation into the site. The fill material shall be chemically compatible with the native soil in order that the cultural material not be threatened by damaging chemical interaction. The capping procedure shall minimize impact on the site by using Roundup or salt spray to remove vegetation, and soil compaction by flooding or roller equipment, whichever is least impacting, while scarring is to be avoided if possible. 13. The house foundations on the site shall be set using pre-stressed concrete slabs to avoid extensive digging for footings. 14. A mutually acceptable, fully qualified archaeologist, shall be designated to participate in a pre-excavation survey of all proposed pipeline routes on the site, and shall also be called in upon the occasion of any encounter with significant cultural material or human remains. The archaeologist shall be provided with usual contractual terms, including a bond. - 15. Temporary excavation halts may judiciously be called by the consultant • (inspection halts), at any time if closer inspection and study is considered by consultant to be necessary for mitigation purposes. Inspection halts shall affect only the' immediate vicinity of the current excavation, while other excavations beyond the point in question may proceed. Length of inspection halts may vary to allow for further study by the archaeologist and/or Northern Chumash Council representatives, but shall not exceed twenty-four (24) hours. - � 16. Excavation of pipeline routes on the site, and foundations shall be conducted by non-mechanized means, in order to avoid heavy equipment impact on the site and permit closer inspection of subsurface activities. . 17. While excavation activities are underway and open trenches and holes are left exposed during non-working hours, provision shall be made for competent security to prevent illicit digging by unauthorized persons. Such cultural resource security (1) person shall be contracted through the consultant, and will not require associated expenses (per diem, travel). 18. In the event that during grading, construction or development of the object, 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. Jorgenseri��may be required to provi;de additional archaeological studies and/or mitigation measures. All grading and improvement plans for the site shall be noted to reflect said condition. 19. That one, qualified, Chumash consultant hereafter, "CONSULTANT", per point of construction activity, be contracted to coordinate on behalf of the Northern Chumash Council and be present at all excavation activities. Consultant shall provide expert advice to the property owner and his contractors about the presence and significance of any cultural material encountered during excavation activities. Consultant shall maintain appropriate records for all times that he/she is employed, detailing all pertinent observations and evaluations. Dr. Kote Lotah is designated as the lead consultant. His contract shall include a rate of payment in the amount of S 150.00 per day, including reimbursement of 28 cents/mile or a per diem of S85 per day if the distance is greater than 75 miles from the consultant's home. 20. All construction shall utilize fixtures and designs, which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, and drip irrigation with drought tolerant landscaping, Prior to final occupancy of any structure constructed on this site, all water conserving designs or fixtures for the parcel shall be installed. 21 . No excavation below 18" shall be performed on the site. 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. 22.' All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 23. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 24. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 25 26. Lots shall be numbered in sequence. Underground improvements shall be installed prior to street paving. 27. A private easement shall be reserved on the map, for access to the properties to the east. This easement shall also be a 20-foot wide emergency access easement. 28. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 29. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. 30. Private easements shall be reserved on the map, or other separate document approved by the City, for the following: Drainage easements along the rear of parcels 2, 3 and 4. The easements shall be a minimum of 10 feet wide. 31. All grading shall be done in accordance with the City Grading Ordinance. 32. All drainage facilities shall be designed to accommodate a 100-year storm flow. - 33. A preliminary soils report for the project shall be prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. The soils report shall be compatible with the requirements for archaeological mitigation. 34. 35. Each parcel shall have separate water meters. Duplex service lines shatl be used wherever feasible. The applicant shall extend an 8-inch Inch public sewer main Alpine Street, 190 feet to adequately serve the project. 36. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 37. 38. 39. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. All new public utilities shall be installed as underground facilities. Prior to approving any building permit within the pro}ect for occupancy, all public utilities shall be operational. 40. All improvement plans shall be submitted to the public utility companies for and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 41. Alpine Street shall be widened as shown on the tentative map. The street width may be reduced to 32 feet across lots 3 and 4 and a portion of lot 2. Concrete curb and gutter shall be constructed along the property frontage. The , frontage on lots 3 and 4 shall be restricted for no parking. ' 42. Driveway aprons shall be concrete aprons in accordance with City standards. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 43. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Parcel Map ($2215 +$11.00 per lot). b. Plan check for improvement plans. Based on an approved construction cost estimate (1 % of construction costs up to $100,000), plus (%2 % of construction costs over 5100,000). ;r c. Inspection Fee of subdivision or public works construction plans. Based on an approved construction cost estimate. - (4% of construction costs up to 5500,000), plus (3% of construction costs between 5500,000 and S 1,000,000), plus (2% of construction costs over 51,000,0001. 44. Subdivision Agreement the subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 45. Preliminary Title Report, a current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. A current subdivision � guarantee shall be submitted to the Director of Public Works prior to recording the Map. 46. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be � provided prior to recording of the map, unless noted otherwise. The minimum � term for Improvement securities shall be eq term of the subdivision agreement. {; ';� a. Faithful Performance, 100% of the approved estimated cost of subdivision improvements. b. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. c. One Year Guarantee, 10% of the - approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation, 100% of the estimated cost of setting survey monuments. e. 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. 47. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. ?3 c. Water Service charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 7.22. d. Water Supply charge, to be based on codes and rates in effect at the e. f. 9• h. � 1• k. time of building permit issuance, in accordance with Municipal Code 6- 7.22. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. Street Tree Planting fee, the developer shall pay the current street tree planting fee/deposit. One 15-gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15-gallon trees � and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State .mandate. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. 48. Preliminary Title Report, a current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. BONDING SURETY 49. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The minimum term .for Improvement securities shall be equal to the term of the subdivision agreement. a. Monumentation, 100% of the estimated cost of setting survey monuments. b. 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. SPEC/AL COND/T/ONS 50. The development of any parcel shall require the installation of a separate sewer lateral. 51. The development of any parcel shall require the installation of a separate water service and meter. 52. All existing wells not proposed for agricultural use shall be properly abandoned.