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PC R 97-1644RESOLUTION N0. 97-1644 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 97-542, LOCATED AT 495 GRAND AVENUE, APPLIED FOR BY DAN BLOUGH WHEREAS, the applicant has filed Tentative Parcel Map 97-542 to subdivide an existing commercial parcel into two parcels; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentati�ve Parcel Map 97-542 at public hearings on Decembe� 2, 1997, and December 16, 1997 in accordance with the Development Code of the City of Arroyo Grande; and . WHEREAS, the Planning Commission 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 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 Development Code because the proposed parcels are consistent with the required lot areas, widths, and depths as specified in the Development Code. , 2. This site as shown on the tentative parcel map, is physically suitable for future development because all necessary easements, adequate circulation, parking, and setbacks would be provided. � 3. This site as shown on the tentative parcel map, is physically suitable for the proposed project density because the parcel sizes are similar to surrour�ding lots. , 4. 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 fish, wildlife or their habitat. 5. The design of the tentative parcel map and the proposed improvements would not cause public health problems. � Resolution No. 97-1644 Tentative Parcel Map 97-542 December 16, 1997 Page 2 6. The design of the tentative parcel map and the type of improvements would 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 would be provided, and that these alternative easements would be substantially equivalent to ones previously acquired by the public because there are no public easements through the site. 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 development of the project site. Department of Fish and Game Required Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the 6uidelines of the California Environmental Quality Act for Tentative Parcel Map 97-542. 2. Based on the initial study, a negative declaration was prepared for public review. 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, instructs the secretary to file a Notice of Determination and approves Tentative Parcel Map 97-542, with the above findings and subject to the conditions of approval as set forth in Attachment "A", attached hereto and incorporated herein by reference. � Resolution No. 97-1644 Tentative Parcel Map 97-542 December 16, 1997 Page 3 On motion by Commissioner O'Donnell, seconded by Commissioner Greene, and by the following roll call vote, to wit: AYES: Commissioners Rondeau, Haney, Greene, 0'Donnell and Lubin NOES: None ABSENT: None the foregoing Resolution was adopted this 16th day of December 1997. ATTEST: _ , � Pearl L. Phinney, Commission lerk TO CONTENT: Doreen L�erto-Blanck, AICP Community Development Director � Resolution No. 97-1644 Tentative Parcel Map 97-542 December 16, 1997 Page 4 ATTACHMENT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 97-542 Dan Blough 495 Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval approximately easements. authorizes the subdivision of an existing parcel into two (2) parcels 15,436 and 11,528 square feet, respectively, with reciprocal 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 December 16 1999 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 Planning Commission at the meeting of December 16, 1997 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 for the Highway Commercial District, except as otherwise approved. The developer shall comply with Development Code Chapter 9-04, "Land Divisions". �� Resolution No. 97-1644 Tentative Parcel Map 97-542 December 16, 1997 Page 5 7. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." � SPEC/AL COND/T/ONS 8. Prior to approval of the final map, the applicant shall revise the parcel map indicating that the frontage of Parcel 1 is a minimum of 80 feet. 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 10. 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. 11. 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. 12. Private easements shall be reserved on the map, or other .separate document approved by the City, for common access, parking and public utilities. The easements shall be in a form as approved by the Director of Public Works. . 12a. Prior to final map approval, the applicant shall submit a conceptual drainage and erosion control ptan to demonstrate that Parcel 2 could be developed in the future with adequate drainage as determined by the Public Works Director. FEES AND BONDS FOR ALL CITY DEPARTMENTS The ap.plicant shall �pay all applicable City fees, including the following: 13. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Parcel Map (5215 +$11.00 per lot). Resolution No. 97-1644 � Tentative Parcel Map 97-542 December 16, 1997 Page 6 14. Prior to checking the map, a current preliminary title report shall be submitted to the Director of Public Works. A current subdivision guacantee shall be submitted to the Director of Public Works prior to recording the Map. 15. 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. 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. _� ►