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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 � � 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. -1- 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; -2- . , , .; .. 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. -3- 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 � 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. -4- 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. -5- 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. 4 Resolution No. 96-1589 FEES 56. 57. � 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. .1 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: -7- 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. � '�'. Resolution No. 96-1589 r 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. : . . 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. � 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. J 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 -1-