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PC R 96-1585RESOLUTION NO. 96-1585 A RESOLUTION OF THE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING TfIE SECRETARY TO FILE A NOTICE OF DETERNIINATION, AND APPROVING TENTATIVE PARCEL MAP CASE NO. 96-532, LOCATED AT 540 EAST BRANCH STREET, APPLIED FOR BY ANTHONY TOSTE WIiEREAS, the Plarining Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 95-532 in accordance with the Development Code of the City of Anoyo Grande; and WI3EREAS, 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 under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed tentative parcel map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Anoyo Grande General Plan and the requirements of the Development Code. The General Plan designation is Residential Single Family (S� with a maximum density of 4.5 dwelling units per acre. The applicant is proposing a density of 2.7 units per acre. The lot areas, widths, and depths meet the requirements of the Development Code. 2. This site as shown on the tentative parcel map, is physically suitable for the proposed type and density of development because all necessary easements, drainage facilities, and setbacks can be provided, except as approved under Variance Case No. 96-199. 3. The design of the tentative garcel 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. 4. The design of the subdivision or proposed improvements are not likely to cause public health problems. 5. The design of the tentative parcel map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of; property within the proposed tentative parcel map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. 6. The discharge of waste from the proposed subdivision 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. 7. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development. Resolution No. 96-1585 Tentative Parcel Map Case No. 95-532 Anthony Toste � September 3, 1996 Page 2 Department of Fish and Game Required Findings of Exemption: l. 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. 96-532. 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. 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 proj ect. NOW, T'HEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby adopts a negative declaration with mitigation measures, instructs the secretary to file a Notice of Determination, and approves Tentative Parcel Map Case No. 96- 532, with�the above findings and subject to the conditions and mitigation measures as set forth in Attachments "A" and "B", attached hereto and incorporated herein by this reference. On motion by Commissioner Deviny, seconded by Commissioner Titus, and by the following roll call vote, to wit: AYES: Commissioners Deviny, NOES: None ABSENT: Commissioner Lubin Titus, Keen and Tappan the foregoing Resolution was adopted this 3rd day of September, 1996. ATTEST: � . � uci le Breese, Commission Clerk William Tappan, Chair AS TO CONTENT: n Doreen ���� - ���,� Blanck, Community Development Director Resolution No. 96-1585 ATTACFIlVIENT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 96-532 540 East Branch Street _ Anthony Toste GENERAL CONDITIONS COMMLTNITY DEVELOPMENT DEPARTMENT This approval authorizes a two (2) lot minor subdivision as depicted on Tentative Parcel Map No. AG 96-039. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. � 2. This tentative parcel map approval shall automatically expire on September 3, 1998 unless the parcel map 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 Corrzmission at the meeting of September 3, 1996 and marked Exhibit "A". 4. The applicant shall, as a condition of approval of this tentative parcel 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 herein as though set forth in full. 5. Prior to issuance of a final certificate of occupancy, the developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. TREES 6. Prior to issuance of any subsequent grading permit and applicant shall comply with the provisions of Ordinance 431 Ordinance. TRAFFIC/SIGNALIZATION FEES 7. : during construction, the C.S., the Community Tree Prior to fmal inspection, the applicant shall pay the applicable Transportation Facilities Development Impact Fee as required by Arroyo Grande Municipal Code Section 3-2.501 et. seq. Prior to final inspection, the applicant shall pay the applicable Traffic Signalization Fees as required by Municipal Code Section 3-2.3, et.seq. NOISE 9. Construction shall be limited to between the hours of 7am and lOpm Monday through Friday and between 8am and Spm on Saturday or Sunday. � Resolution No. 96-1585 DEVELOPMENT CODE 10. Development shall conform with the Single Family (SF) zoning requirements except as otherwise approved. 11. All walls (including retaining walls), fences, or combination thereof, within the front setback area of Parcel 1, shall be no more than 3 feet in height. Unless specifically approved through the appropriate procedure, all other walls (including retaining walls), fences, or combination thereof shall not exceed six feet (6') in height. 12 13. 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." ` UNDERGROUND UTILITIES 14. Prior to recordation of the parcel map, the developer shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be underground. PARKS AND RECREATION DEPARTMENT CONDITIONS PARK DEVELOPMENT FEES 15. Prior to recordation of the parcel map, the developer shall pay the cunent park development fee, and/or donate land in-lieu of, for each lot approved, in accordance with City Ordinance 313 C: S. � 16. The developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street 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 17. Prior to issuance of any subsequent grading permit or prior to issuance of a building permit, all trees to remain on site shall be marked with paintlribbon 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. 18. 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: � � c. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. No grading shall occur under a trees dripline, unless approved by the Parks and Recreation Director. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. -2- Resolution No. 96-1585 19. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. SPECIAL CONDITIONS 20. Prior to recordation of the parcel map, the applicant shall dedicate to the City an easement comprised of all the area that includes the stream bed to twenty-five (25) feet back of the stream bank for purposes of open space, flood control and emergency creek clearance. 21. After stabilization of the creek bank is resolved with Public Works, a bank vegetation stabilization and planting plan shall be submitted for approval to the Parks and Recreation Director. PUBLIC WORKS DEPARTMENT CONDITIONS All conditions of approval herein spec�ed, unless otherwise noted, are to be complied with prior to the filing of the map. STREETS 22. 23. 24. A private easement shall be reserved on the map for access to Parcel 2 of Parcel Map AG 96 Improvements required of developing the parcel shall include street paving, curb, gutter, street lights, sidewalks, landscaping, the required utilities, grading and drainage. Prior to street paving, all underground improvements required for development of parcels within Parcel Map AG 96-039 shall be installed. GRADING 25. All grading shall be done in accordance with Grading Ordinance 303 C.S. IMPROVEMENTS 26. The following improvements shall be designed in accordance with City specifications and standards: a. b. c. Street plan and profile; Drainage ditches, culverts, and other structures (if drainage calculation require); Water plan, show location of water laterals to the parcels; � L _� J d. Sewer plan, show location of sewer laterals to the parcels; e. Grading and erosion control plan for subdivision related improvements; and f Public utility location. -3- Resolution No. 96-1585 SEWER 27. The subdivider shall install sewer laterals to each buildable lot shown on the tentative parcel map at a size appropriate for proposed use. The minimum size shall 4 inches �4,��. . STORM DRAINAGE 28. Portions of the subdivision may be subject to flood hazard from Arroyo Grande Creek. The applicant shall show the limits of inundation from a 100 year storm as an exhibit and note this as a required building restriction. PUBLIC UTILITIES 29 30. 31. 32. 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 33. 34. 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 Parcel Map AG 96-039. Prior to occupancy of any parcel within parcel map AG 96-039, all public utilities shall be operational. A minimum 6' Public Utility, Cable TV, and Telephone easement shall be dedicated adjacent to all street right-off-way. The applicant shall dedicate 6' tree planting and maintenance easements adjacent to all public street right-of-way, or as directed by the Parks and Recreation Department. SOIL TESTING 35. Prior to recordation of the parcel map, a preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be required and submitted to Public Works Department to comply with Government Code 66490 (Subdivision Map Act). FEES Note: The actual amount due shall be calculated using fee rates in effect at the time of payment. 36. Map Checking fees, in an amount to be determined, shall be collected prior to review of the plans. -4- Resolution No. 96-1585 37. Public Improvement Plan Plancheck and Inspection fees shall be collected based on approved estimated cost of public improvements. : All of the fee shall be collected prior to recordation of parcel map. BONDS/SURETY 39. Faithful Performance - 100 % of the approved estimated cost of all public improvements. 40. 41 Labor & Materials - 50% of the approved cost estimate. One Year Guarantee - 10 % of the approved cost estimate. 42. Monumentation - Prior to recordation of the parcel map, amount sef° by the developer's engineer and approved by thee Public Warks Department of the monuments are to be set and accepted by the City. 43. Other surety bonds shall be provided as follows: Public Improvements (curb, gutter and sidewalk) were already installed on East Branch Street frontage. The undergrounding of public utilities may be bonded for if not installed prior to recordation of parcel map. REPORTS/PLANS 44. Prior to recordation of the parcel map, a current preliminary title report shall be submitted to the Public Works Director. 45. 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. 46. 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 san�tary 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. 47. All required improvements shall be designed and constructed in accordance with the City of Anoyo Grande Standard Specifications and Drawings. ENGINEERING 48. All work performed within State Highway 227 right-of-way requires an encroachment permit issued by California Department of Transportation. A note to this effect shall appear on the plans. 49. Reciprocal access, utility and drainage easements may be required for the su6ject project prior to issuance of building permits. The specific easements needed cannot be determined at this time with the information submitted. I� � -5- Resolution No. 96-1585 50. All easements to be dedicated as a condition of development will require the applicant to provide legal descriptions, sketches (8- x 11 City Standard Form), closure calculations, the submittal of a cunent 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 permits. WATER 51. 52. Each water meter will require a separate lateral to the mainline. Identify as such 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. SPECIAL CONDITIONS 53. The applicant shall locate in the ground the existing 12" sewer main and show the same on the map tied at permanent points. The applicant shall dedicate to the City a sewer easement, 5' on each side of the main. 54. 55. - 56. 57. The applicant shall obtain approval from the Department of Fish and Game for any modifications or work within the creek bed and bank. The parcel map shall include the bench mark used in the survey. All remedial work for the creek bank shall be completed to the satisfaction of the Public Works Department and the Department of Fish and Game. Initial construction on Parcel 1 created by this subdivision shall be limited to single story construction. � Resolution No. 96-1585 ATTACI�VIENT "B" MITIGATION MEASURES TENTATIVE PARCEL MAP CASE NO. 96-532 540 East Branch Street Anthony Toste 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. WATER The applicant shall submit, for review and approval of the City Council, an individual water program that will neutralize projected water demand for the project. The approved program shall be implemented prior to recordation of parcel map. Time Frame: Prior to recordation of parcel map Monitoring Department: Public Works Department 2. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. Time Frame: During building plan check Monitoring Department: Building and Fire Department 3. All water conserving designs or fixtures shall be installed. Time Frame: Prior to final occupancy of any structure. Monitoring Department: Building and Fire Department 4. All landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, and bark. . To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Time Frame: During building plan check Monitoring Department: Parks and Recreation Department ARCHAEOLOGY 5. Construction excavation, including the excavation for underground utilities, shall be monitored by an archaeologist and Native American to record and collect any cultural resources which may be found. If human burials are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvements plans shall be noted to reflect this miti atg ion• _ Time Frame: Prior to issuance of grading or building permits for note required on plans and during construction. Monitoring Department: Building and Fire DepartmentJPublic Works Department � J -1-