PC R 97-1613RESOLUTION NO. 97-1613
A RESOLUTION OF THE PLANNING CONINIISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION, INSTRUCTING THE
SECRETARY TO FILE A NOTICE OF DETERMIINATION,
AND APPROVING TENTATIVE PARCEL MAP CASE NO.
97-537, LOCATED AT CHERRY AVENUE AND TRAFFIC
WAY, APPLIED FOR BY DORFMAN/WEBB
WHEREAS, the Planning Commission of the City of Anoyo Grande has considered
Tentative Parcel Map Case No. 97-537 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 errvironmental c�ocuments associated therewith; and
WHEREAS, the Planning Com�ission has reviewed this project under the provisions
of the California Environmental Quality Act (CEQA);' and
VVHEREAS, the Planning Commission finds, after due study, deliberation and pubiic
hearing, the following circumstances e�cist:
1. The proposed tentative parcel map is consistent with the goals, objectives, policies, plans,
pmgrams, intent, and requir�ments of the Arroyo Grande General Plan and the
requirements of the Development Code.
2. The design af 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.
3. The design of the subdivision or proposed improvements are not likely to cause public
health problems.
4. 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.
5. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative parcel map to support project development.
6. The site is physically suitable for the type of development that could be permitted in the
General Commercial or Agricultural Districts.
bepartment 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.
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Resolution No. 97-1613
Tentative Parcel Map Case No. 97-537
Dorfman/Webb
April 15, 1997 , ..
Page 2
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 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, instructs the secretary to file a Notice of
Determination, and approves Tentative Parcel Map Case No. 97-537, 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 O'Donnell, seconded by Commissioner Greene, and by the
following roll call vote, to wit:
AYES: Commissioners O'Donnell, Greene, Rondeau, Haney and Lubin
NOFS: None
ABSENT: None
the foregoing Resolution was adopted this 15th day of April, 1997.
ATTEST:
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Luci le reese, Commission Clerk �— �
AS TO COl\TTENT:
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Doreen Liberto`Blanck, Community Development Director
EXHIBIT "A" .
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP CASE NO. 97-537
Dorfman/Webb
Southeast Corner of Cherry Avenue and Traffic Way
COMMU1vITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 13.5 acre parcel into two (2) lots of 11.5 acres and
2.0 acres.
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 approva� for Tentative Parcel Map Case
No. 97-537.
3. This tentative map approval shall automati�ally ex�ire on April 15, 1999 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 Anoyo 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 her�in as though set forth in full.
5. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at their meeting of April 15, 1997 and marked Exhibit "A".
NOISE
6. � Construction shall be limited to between the hours of 7am and 10�m Mor�day through
Friday and between 8am and Spm on Saturday or Sunday.
DEVELOPMENT CODE
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The developer shall comply with Development Code Chapter 9-04, "Land Divisions" .
The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations."
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to
be complied with �rior to recording the map or finalizing the permit, unless
specifically noted otherwise.
GENERAL IMPROVEMENT REQUIREMENTS
9. All project improvements shall be designed and constructed in accordance with the City
of Arroyo Grande Standard Drawings and Specifications.
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10. 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. Striping and signage plan.
d. Public utilities.
11. Upon approval of the improvement plans, the applicant shall provide a reproducible
mylar set and 3 sets of prints of the impiovements 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).
12. 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.
13.
14.
Prior to approval of an improvement plan the applicant 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 all work
within a public right of way (City or Caltrans).
LOT NUMBERS
15. Lots shall be numbered in sequence.
STREET IMPROVEMENTS
16. Adjacent to Lot 2, East Cherry Avenue shall be designed to the following standards:
a.
b.
c.
d.
e.
44 feet street width from curb to curb.
6 feet wide concrete sidewalks with concrete curb and gutter on the south side of
the street.
64 feet wide right-of-way.
35 mile per hour design speed.
5:1 transition beyond Lot 2.
17. Traffic Way shall be designed to the following standards:
a. 64 feet street width from curb to curb.
b. 8 feet wide concrete sidewalks with concrete curb and gutter on the east side of
the street.
c. 100 feet wide right-of-way.
d. 45 mile per hour design speed.
18. Underground improvements shall be installed prior to street paving.
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UNDERGROUND UTILITIES
19. The developer shall comply with Development Code Chapter 9-15.050. All existing
above ground utilities shall be relocated underground.
DEDICATIONS AND EASEMENTS
20. The property owner shall offer for dedication to the public the right-of-way for the
following streets.
a. Cherry Avenue, �4 feet wide (along both Lots 1 and 2).
b. Traffic Way, 100 feet wide.
c. Curb return right-of-way shall provide for City standard curb ramps.
21. A Public Utility Ea,sement (PtTE) 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 facil�ties.
22. Street tree planting and maintenance easements shall be dedicated adjacerrt to all street
right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of
way and PUE, except that street tree easements shall exclude the area covered by public
utility easements.
23. Easements shall be dedicated to the public on the map, or other separate document
approved by the City, for the following:
a. Drainage easements where shown on the tentative map or where required by the
Director of Public Works. The easements shall be a minimum of 20 feet wide.
GRADING AND DRAINAGE
24.
25.
26.
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.
Street structural sections shall be determined by an R-Value soil test.
PUBLIC UTILITIES
27.
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29.
All new public utilities shall be installed as underground facilities.
All existing public utilities which are onsite, and those in East Cherry Avenue and
Traffic Way shall be placed underground.
Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
30. All improvement plans shall be submitted to the publxc utility companies for and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval.
31. 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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FEES AND BONDS FOR ALL CITY DEFARTMENTS
The applicant shall pay all applicable City fees, including the following:
32. FEES TO BE PAID PRIOR TO PLAN SUBMI'ITAL
a.
b.
33.
c.
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Map check fee for Parcel Map ($215 +$11.00 per lot).
Plan check for grading plans. �
Based on an approved earthwork estimate
(Chapter 33 of 1994 Uniform Building Code).
Plan check for improvement plans.
Based on an approved construction cost esrimate
(1% of construction costs up to $100,000), plus
('/�% of construction costs over $100,000).
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 $500,000), plus
(3% of construction costs between $500,000 and $1,000,000),
plus (2% of construction costs over $1,000,000).
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a.
b.
c.
d.
e.
f.
g•
h.
i.
J•
k.
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.
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.
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.
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.
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 cunent 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 receiye 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 Ta�c, 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.
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34. 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.
35. 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
36. The applicant shall provide bonds or other financial security for the followqng. 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
securides 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 from the tax collector's office indicating
that there are no unpaid taxes or special assessments against the property.
SPECIAL CONDITIONS
37. The existing earth ditch along the eastern and southern boundaries shall be enlarged to
accommodate onsite and upstream drainage. A 20 wide public drainage easement shall
be provided to ihe satisfaction of the City Engineer.
38.
39.
40.
41.
The existing agriculture field is known to fiood from relatively small storms. The
applicant shall prepare a study and conceptual grading and drainage plan to identify
drainage facilities and/or grading necessary to prevent the proposed commercial site from
flooding problems, and to avoid adverse impacts on ott�er properties. Any drainage
facilities or improvements required, other than future improvement of the commercial
site, shall be installed prior to recordation of the map.
Drainage inlet(s) shall be installed in the gutter and installed and connected to the
existing 42 inch storrn drain in Traffic Way. The existing 24" CMP storm drain and
inlet shall be abandoned.
The development of any parcel Shall require the installation of a separate sewer lateral.
The development of any parcel shall require the installation of a separate water service
and meter. .
All existing wells not proposed for agricultural use shall be properly abandoned.
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