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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. /�r■i��i� MJ V VVIY � CIY 1. � �V`: 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". ' 1 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. � 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. 3 0 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. � 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. 5 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 � � 1