Loading...
PC R 97-1612RESOLUTION NO. 97-1612 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION; INSTRUCTING THE CITY CLERK TO FILE NOTICE OF DETERNIINATION AND APPROVING LOT LINE ADNSTMENT CASE NO. 97-536 AND CERTIFICATE OF COMPLIANCE CASE NO. 97-539, LOCATED AT 1587 EL CANIIlVO REAL, APPLIED FOR BY GLENN AND BETH PETERS WHEREAS, �he Planning Commission of the City of Arroyo Grande has held a pubiic hearing on Lot Line Adjustment Case No. 97-536 and Certificate of Compliance Case No. 97- 539 in accordance with City Code; and WAEREAS, the Planning Commission has found that these projects are consistent with the General Plan and the Environmental Documents associated therewith; and WHEREAS, the Planning Commission has reviewed these projects in compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City's Rules and Procedures for the Implementation of CEQA; and WHEREAS, said projects were referred to the Planning Commission, by various City Departments and the Staff Advisory Committee; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: This Lot Line Adjustment will not: 1. Create any new lots. 2. 3. 4. 5. 6. 7. Include any lots or parcels created illegally. Impair any existing access or create a need for access to any adjacent lots or parcels. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or cunent zoning development standards. Require substantial alteration of any existing improvements or create a need for any new improvements. Create a non-conforming lot in the GC zoning district, except as allowed in Section 9-10.100 of the City's Development Code. Department of Fish and Game Required Findings 1. The City of Anoyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Lot Line Adjustment Case No. 97-536. L� Resolution No. 97-1612 - Lot Line Adjustment Case No. 97-536 and Certificate of Compliance Case No. 97-539 1587 El Camino Real April 15, 1997 Page 2 2. Based on the initial study, a negative declaration was prepared 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 and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as definerl 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. NOV�', 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 Lot Line Adjustment Case No. 97-536 and Certificate of Compliance Case No. 97-539, 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 Greene, seconded by Commissioner O'Donnell, and by the following roll call vote, to wit: AYES: Commissioners Greene, O'Donnell, Rondeau, Haney and Lubin NOFS: None ABSENT: None the foregoing Resolution was adopted this 15th day of April, 1997. ATTEST: . �, Lucille reese, Commission Clerk AS O CONTENT: d�.��„_ ,1�-su��c, � 1 �V`�-� Doreen Community Development Director EXHIBIT °a�� CONDITIONS OF APPROVAL LOT LINE ADJUSTMENT CASE NO. 97-536 CERTIFICATE OF COMPLIANCE CASE N0. 97-539 Glenn & Beth P2ters 1587 EI Camino Real COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the adjustment of eight (8) existing commercial lo�ts into four (4) �ots and Certificates of Compliances filed. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are �applicable to this project. 2. The �pplicant shall comply with all conditions of approval for Lot Line Adjustment Case No. 97-536. 3. This application shall automatically expire on A�ril 15, 1999 unless a building permit is issued. Thirty (3p) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the origirral date of expiration. 4. Development shatl occur in substantial conformance with the ptans presented to the Planning Commission at the meeting of April 15, 1997 and marked Exhibit "A". 5. The applicant shalf, as a condition 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 faw. This condition is subject to the provisions of Goverriment Code Section 66474.9, which are incorporated by reference herein as though set forth in full. (SO) DEVELOPMENT CODE 6. Devetopment shall cor�form to the General Commercial zoning requirements except as otherwise approved. 7. The developer shall compty with Development Code Chapter 9-04, "Land Divisions". 8. The devetoper shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." PUBLIC WORKS DEPARTMENT All Public Works Department conditions of approval as listed below are to be complied with prior to the development of any parcel, 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. Water and sewer. 11. 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).. 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. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 14. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way (City or Caltrans). DEDICATIONS AND EASEMENTS 15. 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. (TRACT AND PARCEL MAPS) 16. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shail 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. 17. Street structural sections shall be determined by an R-Value soil test. WATER 18. Each parcel shalt have separate water meters. Duplex service lines shall be used wherever feasible. WASTEWATER 19. Each parcel shall be provided a separate sewer lateral. Laterals shall be s�zed for the appropriate use, minimum 4". 20. 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 21. All new public utilities shall be installed as underground facilities. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 22. FEES TO BE PA1D PRIOR TO PLAN SUBMITTAL a. Plan �heck for improvement plans. Based on an approved construction cost estimate (1 % of construction costs up to 5100,000), plus ('/2 % of construction costs over 5100,000). � b. 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 ar�d 51,000,000), plus (2% of construction costs ovet 51,000,000). 23. The applicant sFaall 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 certificates of compliance, unless noted otherwise. a. Tax Certificate, In accordance with Section 9-15.130 of the Development Code, the appiicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property SPECIAL CONDlTIONS 24. The following shall be required prior to recording the Lot Line Adjustment: a. Provide reciprocal easements for access, drainage, water, and sewer facilities serving the properties. 25. The following shall be required upon development of any parcel: a. A 12" water line shall be installed along the frontage of EI Camino Real and Oak Park Boulevard, connecting to the existing water main in Chilton Street. Further extensions may be required to meet the fire flow requirements of a particutar use. b. Left turn (to and from) Oak Park Boulevard shall be denied. The applicant shall record an access control strip to the City, to the satisfaction of the Director of Public Works. c. Right turn (to and from) Oak Park Boulevard shall be denied unless specifically approved by the Planning Commission or City Council. If access is denied, the applicant shall record an access control strip to the City, to the satisfaction of the director of Public Works. d. Widen Oak Park Boulevard to iYs ultimate width, including concrete curb and gutter. e. Improve the intersection of Chilton Street and Oak Park Boulevard to City Standards, to the approval of the Director of Public Works. f. Dedicate right of way for the future widening of Oak Park Boulevard. Submit a preliminary plan for the alignment of the future curb and sidewalk for to verify the right of way location, to the satisfaction of the Director of Public Works. 26. The following shall be required prior to recording the Certificates of Compliance: a. All certificates shall be recorded concurrently. b. A document shall be recorded, restricting deed transfers to the new lot configurations. This may be done by a statement on within the Certificates of Compliance.