PC R 97-1625RESOLUTION NO. 97-1625
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 PARCEL
MAP CASE NO. 97-540, LOCATED AT 174 PINE STREET,
APPLIED FOR BY CHESTER KIELAN
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Parcel Map Case No. 97-540 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 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 finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed tentative parcel map is consistent with the goals, objectives,
po(icies, plans, programs, intent, and requirements of the Arroyo Grande
General Plan and the requirements of the Development Code.
2. This site as shown on the tentative parcel map, is physically suitable for the
proposed type of development because all necessary utilities, drainage facilities,
and setbacks can be provided.
3. The site as shown on the tentative parcel map, is physically suitable for the
proposed density because the new lots are consistent with existing lot sizes in
the neighborhood.
4. The design of the tentative parcel map or the proposed improvements are not
likely to cause substantial environmental damage o.r substantially and avoidably
injure fish or wildlife or their habitat as the proposed project is surrounded by
existing development in an urban setting.
5. The design of the subdivision or proposed improvements are not likely to cause
public health problems. .
6. 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.
7. Adequate public se.rvices and facilities exist or will be provided as the result of
the proposed tentative parcel map to support project development.
Resolution No. 97-1625
Tentative Parcel Map Case No. 97-540
Chester Kielan
June 3, 1997
Page 2
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. 97-540.
2. Based on the initial study, a Negative Declaration with Mitigation Measures 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 with Mitigation Measures, finding that there is no
substantial evidence of any significant adverse effect, either individually or
cumulatively on wildlife resources as defined by Section 711.2 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 with Mitigation Measures,
instructs the secretary to file a Notice of Determination, and approves Tentative Parcel .
Map Case No. 97-540, with the above findings and subject to the conditions as set
forth in Attachments "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner.0'Donnell, seconded by Commissioner Greene, and by
the following roll call vote, to wit:
AYES: Commissioners 0'Donnell, Greene, Rondeau, Haney and Lubin
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 3rd day of June, 1997.
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MJ V VVIY � CIY 1.
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Doreen Libe
Blanck, Community Development Director
Resolution No. 97-1625 ATTACHMEIVT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP CASE N0. 97-540
Chester J. Kielan
174 Pine Street
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of an existing 22,120 square foot lot into two
(2) lots.
1.
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. 97-540.
3. This tentative map approval shall automatically expire on June 3, 1999 unless
the final map is recorded or an extension is granted pursuant to Section 9-
02.140.C. of the Development Code.
4. Development shall occur in substantial conformance with the plans presented
� to the Planning Commission at the meeting of June 3, 1997 and marked Exhibit
„
5. The applicant shall, as a conditian 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.
NOISE
6. Construction shall be limited to between the hours of 7am and 10pm Monday
through Friday and between 8am and 5pm on Saturday or Sunday.
DEVELOPMENT CODE
7.
Q
Development shall conform with the single family zoning requirements except
as otherwise approved. �
The developer shall comply with Development Code Chapter 9-04, ''Land
Divisions". '
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Resolution No. 97-1625
JOINT MAINTENANCE AGREEMENT
9. Prior to recordation of the final/parcel map, a joint maintenance agreement for
the common driveway as shown on the tentative map, shall be submitted for
review and approval by the City Attorney. The joint maintenance agreement
shall be recorded concurrently with the final/parcel map.
PARKS AND RECREATION DEPARTMENT CONDITIONS
TREE PRESERVATION/TREE REMOVAL PLAN
10. Prior to issuance�of grading permit and during construction, the applicant shall
comply with the pr.ovisions of Ordinance 431 C.S., the Community Tree
Ordinance.
11. Prior to issuance of a grading permit, all trees to remain on site shall be marked
with paint/ribbon and protected by a five t5') 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. '
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
12. 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. Water and sewer.
13. 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).
14. 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.
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Resolution No. 97-1625
15.
16.
Prior to approvai of an improvement plan, the appiicant shall enter into an
agreement with the City for inspection of the required improvements.
The applicant shall be responsible for obtaining an encroachment permit for alt
work within a public right of way (City or Caltrans).
DEDICATIONS AND EASEMENTS
17. 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.
GRADING AND DRAINAGE
18.
19.
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.
WATER
20. Each parcel shall have separate water meters
used wherever feasible.
WASTEWATER
Duplex service lines shall be
21. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized
for the appropriate use, minimum 4".
PUBLIC UTILITIES
22.
23.
24.
All new public utilities shall be installed as underground facilities.
The existing overhead public utilities between Parcels 1& 2 as shown on the
tentative map, shall be placed underground.
Prior to approving any . building permit within the project for occupancy, all
public utilities shall be operational.
25. 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.
26: The Parcel Map shall be submitted to the public utility companies for review
and comment. Utility comments shall be forwarded to the Director of Public
Works for approval.
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Resolution No. 97-1625
FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable City fees, including the following:
27. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a. Map check fee for Parcel Map (5215 + 511.00 per lot).
b. Plan check for grading plans.
Based on an approved earthwork estimate
IChapter 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 5100,0001, plus
('h % of construction costs over 5100,000).
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 pubfic 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 S 1,000,000).
28. 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, 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.
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 buitding 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.
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Resolution No. 97-1625
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 fifty feet (50'j 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.
j. Construction Tax, the applicant shall pay a construction tax pursuant to
Section 3-3.501 of the Arroyo Grande Municipal Code.
k. 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.
29. 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.
30. Prior to checking the map, a current preliminary title report shall be submitted
to the Director of Pubfic Works. A current subdivision guarantee shall be
submitted to the Director of Public Works prior to recording the Map.
BONDING SURETY
31. 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. Faithful Performance, 100% of the approved estimated cost of all
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 fro.m the tax
collector's office indicating that there are no unpaid taxes or special
assessments against the property.
SPEC/AL CONDlT/ON
32. Easements shall be reserved, as shown on the Tentative Map and as required
by the Director of Public Works, for access, drainage, and public utilities serving
Parcel 2.
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Resolution No. 97-1625 ATTACHMENT "B"
MITIGATION MEASURES
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP CASE N0. 97-540
Chester J. Kielan
174 Pine Street
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.
WATER
1. The applicant shall submit, for review and approval of the City Council, an
individual water program that will neutralize projected water demand for the
project. The approved program shall be implemented prior to recordation of
final/parcel map.
Time Frame: Prior to recordation of final/parcel map
Monitoring Department: Public Works Department
2. 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, drip irrigation with �drought tolerant landscaping and so forth.
Time Frame: � During building plan check
Monitoring Department: Building and Fire Department
3. All water conserving designs or fixtures shall be installed.
Time Frame: Prior to final occupancy of any structure.
Monitoring Department: Building and Fire Department
4. All landscaping shall be consistent with water conservation practices including
the use of drip irrigation, mulch, gravel, and bark. To the greatest extent
possible, lawn areas and areas requiring spray irrigation shall be minimized.
Time Frame: During building plan check
Monitoring Department: Parks and Recreation Department
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