PC R 96-1589RESOLUTION NO. 96=1589
A RESOLUTION OF T�iE PLANNING COMIVIISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION WITH A NIITIGATION
MEASURE, INSTRUCTING THE SECRETARY TO FILE A
NOTICE OF DETERNiINATION, AND APPROVING LOT
LINE ADJUSTMENT CASE NO. 96-531, LOCATED AT 543
SOUTH ELM STREET, APPLIED FOR BY PETER D.
KEITH AND LARRY D. GIN
WHEREAS, the Planning Commission of the City of Arroyo Grande. has held a public
hearing on Lot Line Adjustment Case No. 96-531 in accordance with City Code; 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 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 Lot Line Adjustment was refened to the Planriing 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. Include any lots or parcels created illegally.
3. Impair any existing access or create a need for access to any adjacent lots or
parcels.
4. Impair any existing easements or create a need for any new easements serving
adjacent lots or parcels.
5. Consdtute poor land planning or undesirable lot configurations due to existing
environmental conditions or current zoning development standards.
6. Require substanrial alteration of any existing improvements or create a need for
any new improvements.
7. Create a non-conforming lot in the MF 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. 96-531.
Resolution No. 96-1589
Lot Line Adjustment Case Nn. 96-531
Peter D. Keith and Larry D. Gin
November 19, 1996
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 resourees 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
proj ect. �
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 Lot Line Adjustment Case No. 96-
531, with the above findings and subject to the conditions and mitigation measures as set forth
in Attachments "A" and "B", attaehed hereto and incorporated herein by this reference.
On motion by Commissioner Lubin, seconded by Commissioner Deviny, and by the
following roll call vote, to wit:
AYES: Commissioners Lubin,. Deviny, Keen, Titus and Tappan
NOFS: None
ABSENT: None
the foregoing Resolution was adopted this 19th day of November, 1996.
ATTEST:
�
ci �Breese, Commission Clerk
TO CO
Doreen
�J
� G�/�
r A �''�'` Q.�1(1
il am Tapp , Chair
Development Director
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Resolution No. 96-1589 ATTACffiV�NT "A"
CONDITIONS OF APPROVAL
LOT LINE ADJUSTMENT CASE NO. 96-531
543 South Elm Street
Peter Keith & Larry Gin �
GENERAL CONDITIONS
CO DEVELOPMENT DEPARTMENT
This approval authorizes a lot line adjustment to reconfigure 51 whole lots and 3 lot fragments
into 30 lots.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as aze applicable to this project.
2. This tentative map approval shall automatically expire on November 19, 1998 unless the
lot line adjustment is recorded or an extension is granted pursuant to Section 9-02.140.C.
of the Development Code.
3. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of November 19, 1996 and marked "Exhibit A" .
4. The applicant shall, as a condition of approval of this lot line adjustment 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 lot line adjustment, 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.
DEVELOPMENT CODE
5. Development shall conform with the MF zoning requirements except as otherwise
approved.
6. Prior to recordation of the lot line adjustment, the applicant shall remove all structures
in conflict with new lot lines. �
7. All walls (including retaining walls), fences, or combination thereof, within the front
setback area, shall be no more than three (3) feet in height. Unless specifically approved
through the appropriate procedure, no other wall (including retaining walls), fence or
combination thereof shall exceed six (6) feet in height.
STREET NAMES
8. The street names shown on Exhibit "A" may be in conflict with existing street names.
Street names shall be reviewed and approved pursuant to Municipal Code Section 8-2.05.
LOT NUMBERS
9. Lots shall be numbered in sequence.
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Resolution No. 96-1589
SPECIAL CONDITIONS
10. All fences along Farroll Avenue shall comply with the height limitations for fences in
required front yards. More specifically, all walls (including retaining walls), fences or
combination thereof, within the front setback area, shall not exceed three (3) feet in
height.
PARKS AND RECREATION DEPARTMENT CONDITIONS
LANDSCAPING
11. When on site landscaping is required, landscaping and irrigation plans shall be designed
and signed by a licensed landscape architect. Plans shall include an automated system
utilizing low flow heads, drip irrigation, drought tolerant plants and mulches for water
conservation and retention.
12. All banks with a 2:1 slope or greater shall utilize erosion control measures to include jute
mesh, nylon mesh or equal for bank retention.
PARK DEVELOPMENT FEES
13. The developer shall pay the current street tree planting fee/deposit. One 15 gallon size
or larger stre�t tree is required for every fifty (50') feet 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.
TREE PRESERVATION/TREE REMOVAL PLAN
14. Prior to issuance of a grading permit, the develaper shall submit a tree preservation
and tree removal plan to the Director of Parks and Recreation/City Arborist for
undevaioped parcels or lots with trees. The plan shall include the �ocation, size and
specie of all trees located on the lot or on adjoining lots, where development could affe�t
the roots or limbs on trees or adjacent property.
15. All significant trees to be removed as designated by the Director of Parks and
Recreation/City Arborist shall be replaced at a 3:1 rado and planted on site. With the
approval of the Parks and Recreation Director, tree removal shall be mitigated by
planting on site, off-site, or payment of in-lieu fees (at the cunent street tree fee rate for
a 15 gallon tree). Larger tree$ may be required to mitigate tree removal. Prior to
issuance of a grading permit, all trees shall be planted or fees paid.
16. Prior to issuance of a grading permit, all trees to remain on site shall be marked with
paint/ribbon and protected by a five (5') 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.
17. All trees on the construction site to be preserved shall be protected under the conditions
of the Community Tree Ordinance (431 C.S.) which include but are not limited to:
a. No mechanical trenching within the drip line of a tree, unless approved by the Parks
and Recreation Director;
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Resolution No. 96-1589
b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree;
c. No grading shall occur under a trees dripline, unless approved by the Parks and
Recreation Director; and
d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk
of each tree.
18. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using
the Intemational Society of Agricultural Pruning Standards.
BUILDING AND FIRE DEPARTMENT CONDITIONS
ADDRFSSES
19. Prior to issuance of a certificate of occupancy, all addresses shall be visible at the
street and on individual residences.
UBG/UFC
20. The project shall comply with the most recent editions of the California State Fire and
Building Codes and the Uniform Building and Fire Codes as adopted by the City of
Arroyo Grande.
21. All roofs shall be class "A".
FIRE LANFS �
22. Access and turnarounds must comply with the most recent edition of the State Fire Code.
CONSTRUCTION TAX
23. Prior to issuance of a Certificate of Occupancy, applicant shall pay a construction tax
pursuant to Article 5, Chapter 3, Title 3 of the Arroyo Grande Municipal Code.
FIRE HYDRANTS
24.
25.
Prior to inspection of public improvements, fire hydrants shall be installed per Fire
Department and Public Works Department standards. -
Fire flows shall be per Fire Department requirements.
ABANDONMENT/NON-CONFORMING
26. Prior to issuance of a grading permit or building permit, whichever occurs first, the
applicant shall show proof of properly abandoning all non-conforming items such as
septic tanks, underground piping and other undesirable conditions.
27. Prior to issuance of a building permit, for Lots 20 and 24, the applicant shall show
proof of properly abandoning the existing well.
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Resolution No. 96-1589
SOILS REPORT
28. Prior to issuance of a grading permit, a site specific soils report is required subject to
review by the City Engineer.
DEMOLITION PERMIT/RETAINING WALLS
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30.
Prior to issuance of a building permit, a demolition permit must be applied for,
approved and issued.
Separate permits must be obtained for retaining walls.
FIRE FLOW
31. . Project shall have a fire flow of 1500 GPM for a duration of 2 hours.
OTHER PERMITS
32. Prior to issuance of a building permit, County Health Department approval is required
is required for well abandonment (if applicable).
COMPACTION TEST
33. Prior to concrete pour inspection, compaction tests are required in the footings.
WATER HEATER
34. No water heaters shall be permitted in the garage
BONDING
35. Prior to issuance of a building permit, all new residential construction requires posting
of a($1200.00) performance bond for erosion control and damage to the public right-of-
way. This bond is refundable upon successful completion of the work, less ex�enses
incurred by the Caty in maintaining and/or restoring the site.
PUBLIC WORKS DEPARTMENT CONDITIONS
All conditions of approval herein specified, unless otherwise noted, are to be
compGed with prior to recordation of Lot Line Adjustment.
STREETS
36. The applicant shall offer for dedication to the public for road widening purposes, by
separate document, frontage along Farroll Avenue to meet the requirements of a collector
street and frontage along Elm Street to meet the requirements of a major street.
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Resolution No. 96-1589
37. The intersections of Elm Street and Farroll Avenue, Elm Street and the interior street,
and all interior street intersections shall be designed in accordance with City Standards
or as directed by the Director of Public Works.
38. Access from Elm Street shall be relinquished for Lot 1 and Lots 27 to 30 and access
shall be relinquished for Lots 1 to 7 from Farroll Avenue. This requirement shall be
added as a deed restriction.
39. Access for lots 8- 11 shall be provided by a single common driveway easement off the
internal street. '
40. Public improvements required for the development of this parcel include: street paving,
curb, gutter, street lights, sidewalks, landscaping, required utilities, raised medians,
grading and drainage.
41. Prior to street paving, all underground improvements required for development of
parcels within the Lot Line Adjustment Case No. 96-531 shall be installed.
GRADING
42. All grading shall be done in accordance with the Grading Ordinance No. 303 C.S.
IMPROVEMENTS
43. The following improvements shall be designed in accordance with City specifications and
standards: �
44.
a. Street plan and profile;
b. Drainage ditches, culverts, and other structures (if drainage calculation requires);
c. Water plan;
d. Sewer plan;
e. Grading and erosion control plan for subdivision related improvements;
f. Public utility location; and
g. Storm drain.
Prior to approval of unprovement plans, the applicant shall enter into an agreement
with the City for inspection of said improvements.
WATER
45. Fire hydrants shall be installed at a minimum of 300 foot intervals along all residential
public streets and at the terminus of all cul-de-sacs.
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Resolution No. 96-1589
SEWER
46. The subdivider shall install sewer laterals to each buildable lot shown on the tentative
map at a size appropriate for the proposed use. The minimum size shall be 4" .
PUBLIC UTILITIES
47.
,•
49.
All new public utilities shall be undergrounded to comply with the Development Code.
All existing on-site public utilities shall be placed underground as a condition of Lot Line
Adjustment Case No. 96-531.
Prior to occupancy of any parcel within Lot Line Adjustment Case Nn. 96-531, all
public utilities shall be operational.
50. At time of Public Improvement Plan review, plans shall be submitted to all applicable
public utility companies including but not limited to Pacific Gas and Electric (P.G.& E.),
Pacific Bell Telephone, Cable TV and Southern California Gas Company for review.
Comments from the utilities regarding required easements, transformer locations, etc.
shall be forwarded to Public Works Department .for review and approval.
EASEMENTS/DEDICATIONS
51. A Public Utility, Cable TV, and Telephone easement shall be dedicated adjacent to all
street right-of .-way. All public utility easements shall be recorded by document.
Dedication shall include a minimum of 6 feet of frontage along Elm Street and Farroll
Avenue, and a minimum of 10 feet on both sides of all local streets of 52 foot wide
right-of-wa�.
52. The applicant shall dedicate pedestrian acc�ss and tr�ffic control device easements at all
intersections. The easement shall follow the Public Utility Easement from curb return
to curb return.
53. The applicant shail dedicate tree planting and maintenance easements adjacent to all
�public street right-of-way as directed by the Parks and Recreation Department.
54. Prior to issuance of a building permit, all existing easements to be abandoned by
separate document will require the applicant to provide legal descriptions, sketches (8'/z
x 11 City Standard form), closure calculations, and payment of current Public Works
Department Fees for processing through Planning Commission and City Council. The
abandonment shall be recorded prior to occupancy.
SOIL TESTING
55. Prior to approv�l of improvement plans, a soils analysis will be required for the
determination of street structural sections.
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Resolution No. 96-1589
FEES
56.
57.
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Note: The fees given at this time are estimates calculated using rates currently in effect.
The actual amount due shall be calculated using fee rates in effect at the time of
payment.
Map Checking -$297.00 plus $11.00 per lot., This fee ($627.00) will be collected
prior to review of the plans.
Public Improvement Plan Plancheck and Inspection - Baseri on approved estimated
cost of public improvements and Resolution No. 2470.
All of the fees shall be collected prior to recordation of Lot Line Adjustment.
BONDS/SURETY
59. Faithful Performance - 100 % of the approved estimated cost of all public
improvements.
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61.
Labor & Materials - 50 % of the approved cost estimate.
One Year Guarantee - 10 % of the approved cost estimate.
REPORTS/PLANS
62. Prior to recordation of the Lot Line Adjustment, a cunent preliminary title report
shall be submitted to the Public Works Director.
63. Public improvement plans prepared by a registered civil engineer and approved by the
Public Works Department will be required. Improvement plans shall include surface
improvements plan and profile, underground improvements plan and profile, and signing
and striping plans for all arterial streets.
64. The developer shall be responsible during construction for cleaning city streets; curbs,
gutters and sidewalks of dirt .tracked from the subject site. The flushing of dirt and
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. . .
65. All required improvements shall be designed and constructed in accordance with the City
of Arroyo Grande Standard Specifications and Drawings.
ENGINEERING
66. After the requested information is addetl to the plans they shall be resubmitted to the
Public Works Department for checking and approval prior to issuance of a building
permit. The following items shall be incorporated and labeled as proposed or existing,
on the site/utility plan before resubmittal:
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Resolution No. 96-1589
a. Location & sizes of all public water, sewer & storm drainage facilities in abutting
streets/alleys. �
b. Location, quantity & sizes of all proposed/existing sewer & water laterals.
c. Show all parcel lines and easements crossing the project site.
d. Show the locations and dimensions of all existing driveways and sidewalk.
e. Location of street lights, utility poles, guy wires, telephone facilities, gas lines and
so forth.
67. All easements to be dedicated as a condition of development will require the applicant
to provide legal descriptions, sketches (8-'fi x 11 City Standard Form), closure
calculations, the submittal of a current title report and payment of current Public Works
Department Fees for processing through the City. Paperwork shall be in an approved
form, prior to issuance of building pe�'mits.
68. Public Works fees shall be collected prior to recordation of Lot Line Adjustment.
69. The developer shall install a handicap ramp on the southeast corner of the intersection
at Elm Street & Farroll Avenue and all curb returns of all street intersections within the
project. ,
Said handicap ramp shall be installed according to California Administrative Code, Title
24 Requirements.
A plan showing the above required improvements shall be prepared by an appropriately
licensed professional and submitted to the Public Works Department for approval prior
to issuance of Building permit.
WATER
70.
71.
Each water rc�eter will require a separate lateral to the mainline. Identify as suc,h on the
building plans. _
Any existing water services not to be utilized by this development shall be abandoned by
the developer at the mainline per City requirements.
WASTEWATER
72. All sewer laterals crossing or parallel to public water facilities shall be constructed in
accordance with the California State Health Agency standards.
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Resolution No. 96-1589
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SPECIAL CONDITIONS
73. The applicant shall dedicate all street right-of-ways to the City, including a 6 foot street
tree and public utilities easement along the Farroll Avenue and Elm Street frontage of
the project and a 10 foot street tree and public utilities easement on both sides of all
interior streets.
74.
75.
76.
77.
78.
79.
80.
81.
All public improvements required on this project shall be constructed to City Standards
and Specifications and approved by the Director of Public Works.
The applicant shall replace the existing 6 inch water main along the Farroll Avenue
frontage of project with an 8 inch water main.
The applicant shall pay a drainage fee per adopted drainage resolution.
The applicant shall install the 33" RCP and drain inlet shown on the Fanoll Avenue
Drainage Plan.
A street light shall be installed to PG&E standards.
Prior to final inspection for occupancy of any building, all public improvements, right-
of-ways and easements shall be accepted by the City.
All lots fronting the interior street should have a sewer lateral located in the interior
street.
The applicant shall provide a storm drain connection to the existing storm drain in Farroll
Avenue at the intersection of Farroll Avenue and Elm Street.
82. Grading shall be coordinated with the development immediately east of the subject
property to ensure the elevations at the property line do not block the natural drainage
coming onto the subject property.
83. The project must accept and not block historical drainage coming onto the property from
other locations.
84. The applicant shall make provisions to adequately accept the drainage coming onto the
property and discharge it to a safe location, i.e. to the street and subsequent storm drain
along Elm Street or along Farroll Avenue.
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Retaining walls shall not be permitted within the public right-of-way.
Prior to recordation of the Lot Line Adjustment, all broken lines depicting the typical
building footprint shall be eliminated.
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Resolution No. 96-1589 ATTACffiV�NT "B"
MITIGATION MEASURES
LOT LINE ADNSTMENT 96-531
543 South Elm Street
Peter Keith & Larry Gin
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.
AEST'HETICS
1. Prior to the issuance of a grading permit, the applicant shall submit a revised fence and
landscape plan for the proposed fence/retaining wall along South Elm Street. The fence
plan shall be subject to the review and approval of the Parks and Recreation Director,
Public Works D'uector, Community Development Director and Architectural Advisory
Committee. The fence and landscape plan shall address maintenance of a 2 foot
landscape strip on lots 27-30.
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Time Frame: Prior to issuance of a grading permit.
Monitoring Department: Public Works Department and Community
Development Department
ARCHAEOLOGY
2. In the event that during grading, construction, or development of the project, any
azchaeological resources are uncovered, all work shall be halted until the City has
reviewed the resou�ces for their significance. If human burials are encountered, the
County Coroner (781-4513) shall be contacted immediately. The applicant may be
required to provide archaeolagical studies and/or mitigation measures. All grading and
improvements plans shall be noted to reflect this mitigation.
Time Fram�: Prior to issuance of grading or building permits for tl�e
note to appear on plans and during construction.
Monitoring Department: Building and Fire Department/Public Works
Department
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