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PC R 97-1639RESOLUTION N0. 97-1639 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES; INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION AND APPROVING TENTATIVE TRACT MAP NO. 2240, LOCATED AT 410 SOUTH ELM STREET, APPLIED FOR BY ZADDIE BUNKER TRUST WHEREAS, the applicant has filed Tentative Tract Map No. 2240 and Conditional Use Permit 97-553 for a nine unit Planned Unit Development (PUD); and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map No. 2240 at public hearings on October 7, �October 21, November 4 and November 18, 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 with mitigation measures 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 tract map, 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 Multi-Family Apartments with a maximum density of 11.0 dwelling units per acre, and the applicants are proposing a density of 9 units per acre, and the lot areas, widths, depths, and setbacks were found appropriate through the Planned Unit Development process. � 2. This site as shown on the tentative tract map, is physically suitable for the proposed development because all necessary easements, parking, open space, and setbacks can be provided. 3. This site as shown on the tentative tract map, is physically suitabte for the proposed density because all necessary easements, parking, open space, and setbacks can be provided. 4. 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. � n �,� � �:��,�� Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 2 5. The design of the subdivision or proposed improvements are not likely to cause public health problems. 6. . 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. 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 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. 2240 and Conditional Use Permit Case No. 97-553. 2. Based on the initial study, a negative declaration was prepared for public review 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 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 t�ie City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Secretary to file a Notice of Determination and approves Tentative Tract Map 2240, 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. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 3 On motion by Commissioner Haney, seconded by Commissioner Greene, and by the following roll call vote, to wit: AYES: Haney, Greene, 0'Donnell, Rondeau and Lubin �� NOES: None ABSENT: None the foregoing Resolution was adopted this 18th day of November 1997. . � � Pearl L. Phinney, Commission erk TO CONTENT: , � Sandy�Cubin, C "�� Doreen Lib'a�rto-Blanck, AICP Community Development Director � � Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 4 ATTACHEMNT "A" CQNDITIONS OF APPROVAL TENTATIVE TRACT MAP 2240 Zaddie Bunker Trust 410 South Elm Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the subdivision of a 40,494 square foot lot into nine (9) residential lots with a common access driveway. 1. - The appticant 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 Tract Map 2240 and Conditional Use Permit 97-553. 3. This tentative map approval shall automatically expire on November 18, 1999 unless the finaf map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Develo.pment Code. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of November 18, 1997 and marked Exhibits "A", "B", and "C", except as modified by condition no. 16. 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the Cit.y of Arroyo Grande, its. present or former agents, o.fficers 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. 6. All walls (including retaining walls), fences, or combination thereof, within the � front setback area, shall be no more than 3 feet in height. Unless specifically approved through the appropriate procedure, no other wall (including retaining walls), fence, or combination thereof shall exceed six feet (6') in height. Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 5 NOISE 7. Construction shali be limited to between the hours of 7am and 10pm Monday through Friday and between 8am and 5pm on Saturday. DEVELOPMENT CODE 8. = Development shall conform to the MFA zoning requirements except as � otherwise approved. 9. Prior to issuance of a grading permit, all walls, including screening and retaining walls shall be compatible with the approved architecture and Development Code Standards, subject to the review and approval of the� Community Development Director. 10. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. This does not apply to garage or carport spaces which shall each have a minimum clear dimension of 10 feet wide by 20 feet deep. 11. The developer shall comply with Development Code Chapter 9-04, �"Land Divisions". 12. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." JOINT MAINTENANCE AGREEMENT 13. �C� Prior to recordation of the final map, a joint maintenance agreement for the common driveway, and utility lines shall be submitted for review and approval by the City Attorney. The joint maintenance agreement shall be recorded concurrently with the final map. Prior to recordation of the final map, the applicant shall remove all structures in conflict with new lot lines. LANDSCAPING 15. Prior to issuance of a grading or building permit, a landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development, Police, Building and Fire, and Parks and Recreation Departments. The landscaping plan shall include the following: � Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 6 a. Tree staking, soil preparation and planting detail; .� c The use of landscaping to screen ground-mounted utility and mechanical equipment; The required landscaping and. improvements. This includes: (1) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (2) Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches ' shall be incorporated into the landscaping plan; and (3) All slopes 2:1 or greater shall have jute mesh, nyton mesh or equivalent material. (4) An automated irrigation system. SPECIAL CONDITIONS 16. Prior to map approval or issuance of a grading or building permit, whichever occurs first, the applicant shall revise Exhibits A, 6& C eliminating the trash enclosure, increasing the landscaping and reconfiguring the parking spaces as illustrated in Exhibit D. The Community Development Director and Public Works Director shall review and approve the revised plans. 17. If the final grading plan requires �etaining walls/fences greafer than six feet in height, the Community Development Director may approve walls/fences up to eight feet in height along the rear property lines to allow for additional privacy. PARKS AND RECREATION DEPARTMENT CONDITIONS TREE PRESERVATIONlTREE REMOVAL PLAN 18. Prior to issuance of grading permit and during construction the applicant shalt comply with the provisions of Ordinance 431 C.S., the Commh.inity Tree Ordinance. 19. Prior to issuance of a grading or building permit, the developer shall submit a . tree preservation and tree removal plan to the Director of Parks and Recreation/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and specie of all trees located on the lot or on � adjoining lots, where development could affect the roots or limbs on trees or adjacent property. � Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 7 20. All significant trees to be removed as designated by the Director of Parks and Recreation/City Arborist shall be replaced at a 3:1 ratio and ptanted on site. With the approval of the Parks and Recreation Director, tree removal shall be mitigated by planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted or fees paid. 21. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 22. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S,) which include but are not limited to: a. � c. � No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. No grading shall occur under the tree dripline, unless approved by the Parks and Recreation Director. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. 23. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC � 24. The project shall comply with the most recent editions �of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. DEMOLITION PERMIT/RETAINING WALLS 25. Prior to map recordation, a demolition permit must be applied for, approved and issued. Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust Navember 18, 1997 Page 8 ABANDONMENT/NON-CONFORMING 26. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. � 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. � GENERAL IMPROVEMENT REQUIREMENTS 27. All project improvements shall be designed and constructed in accordance with City standards and specifications. Plans within the right=of-way shall include profile drawings. Improvement plans (including the following) shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. � d. Water and sewer. 28. Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). 29. 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. 30. Prioc to approval of an improvement plan the applicant shall enter into an agreement with the City #or inspection of the required improvements. 31. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way (City or Caltrans). Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 9 LOT NUMBERS 32. Lots shall be numbered in sequence. STREET IMPROVEMENTS 33. - The private street shall be designed and constructed to the following standards: �a � c. 20 feet street width from curb to curb; 4 feet wide concrete sidewalk with concrete curb and gutter on one side, concrete curb on the other of the street; - Traffic Index (TI) = 5.0. 34. A minimum six-foot wide sidewalk shall be constructed along South Elm Street, matching the existing sidewalk at both ends of the project. The sidewalk shall be widened to provide a minimum of four (4) feet of clearance around the existing Cedar tree. Additional right of way or public sidewalk easement shall be provided for the sidewalk as determined by the Director of Public Works. The existing curb and gutter shall be replaced. 35.. Underground improvements shall be installed prior to street paving. UNDERGROUND UTtLIT1ES 36. The developer shall comply with Development Code Chapter 9-15.050. All existing above ground utilities shall be relocated underground. The existing overhead lines along the property frontage (South Elm Street) shall be placed underground, unless waived by the Director of Public Works. DEDICATiONS AND EASEMENTS 37. �c,�'- The property owner shall offer for dedication to the public the rightbf-way for. the following streets. . a. South Elm Street, 80 feet wide (equal to current right of way1. A blanket Public Utility Easement (PUE) shall be dedicated over the project site, exclusive of buildings. 39. 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. Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 10 40. The private drive shall be designated a public water, sewer and drainage easement. The easement shall be made wider as necessary to accommodate water meters and similar construction details, as determined by the Director of Public Works. 41. The existing private easement for access shall be abandoned by a recorded document approved by the Director of Public Works. GRADING AND DRAINAGE 42. 43. All grading shall be done in accordance with the City Grading Ordinance. All drainage facilities shall be designed to accommodate a 100-year storm flow. 44-. 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. 45. Street structural sections shall be determined by an R-Value soil test. WATER 46. The applicant shall extend an 8-inch public water main in the private street, extending to the rear of the property or as determined by the Director of Public Works. 47. Each parcel shall have separate water meters. Duplex service lines shall be used wherever feasible. WASTEWATER 48. The applicant shall extend an 8-inch public sewer main in the priv�ate street, extending to the rear of the property or as determined by the Director of Pubfic Works. 49 50. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. PUBLIC UTILITIES Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 11 51. All new public utilities shall be installed as underground facilities. .;;;: __. 52. All existing public utilities which are onsite shall be placed underground. ; 53. Prior to approving any building permit within the project for occupancy, all � public utilities shall be operational. 54. 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. 55. The Final Map shall be submitted to the public utility companies for review and eomment. Utility comments shall be forwarded to the Director of Public Works . �- for approval. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 56. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Tract Map (5297 + 511.00 per lot). b.� Plan check for grading plans. Based on an approved earthwork estimate (Chapter 33 of 1994 Uniform Building Code). c. Plan check for improvement plans. Based on an approved construction cost estimate (1 % of construction costs up to 5100,000), plus - (%z % of construction costs over 5100,0001. FEES TO BE PAID PRIOR TO PLAN APPROVAL � d. Permit Fee for grading plans. - Based on an approved earthwork estimate (Chapter 33 of the 1994 Uniform Building Code). e. 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 51,000,000), plus (2% of construction costs over 51,000,000). Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 12 57. 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. 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 time of building permit issuance, in accordance with Municipal Code 6- 7.22. e. Traffic Impact fee, of building permit 3021. to be based on codes and rates in effect at the time issuance, in accordance with Ord. 461 C.S., Res. f. 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. g. 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. h. Park Development fee, the developer shall pay the current parks development fee for each unit _approved for construction (credit shall be � provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. i. 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 fifity 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. Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 Page 13 j. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. k. Strong Motion Instrumentafion Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. I. 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. 58. 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. � 59. 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. BONDING SURETY 60. The applicant shall provide bonds or other financial security fo� 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. � Faithfut Performance, 100% of the approved estimated. cost of all subdivision improvements. 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. Resolution No. 97-1639 Tentative Tract Map 2240 Zaddie Bunker Trust November 18, 1997 , ,, ; Page 14. � ' SPEC/AL CONDITIONS 61. No cross lot drainage shall be allowed. All lots shall be designed to drain to the private street, except that where practical, on-site infiltration basins shall be used to reduce the total runoff from the project. 62. Concentrated drainage shall not be directed over sidewalks. A sidewalk underdrain shall be used to direct drainage under the South Elm Street sidewafk. � STANDARD MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or� agency that the mitigation measures have been implemented. 63. . As part of the tract improvements plan check, the applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on-site retention basins, to the satisfaction of the Director of Public Works. Monitoring: Review of tract improvement and grading plans Responsible Department: Pub(ic Works Department Timeframe: Prior to , acceptance of tract improvements for construction 64. The following note shall be placed on grading and improvement plans for the Tract: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shall be halte�l until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies an/or mitigation measures." Monitoring: Construction� plans shall be reviewed prior to issuance of a grading or building permit to ensure the note is in place Responsible Department: Public Works, Building Departments Timeframe: Prior to. grading or building permit issuance