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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. .; . , r' • � . . - . . 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: ` �� � � Luci le reese, Commission Clerk �— � AS TO COl\TTENT: 0 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 7 : 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. �_ 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. 2 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. � 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. � _J 3 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. � 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. 4 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. �� � �� 5