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PC R 96-1575RFSOLUTION NO. 96-1575 A RESOLUTION OF T�IE PLANNING COMIVIISSION OF THE CITY OF ARROYO GRANDE RECONIlVIENDING T�IAT THE CITY COUNCIL ADOPT A NEGATIVE� DECLARATION, INSTRUCT THE SECRETARY TO FILE A NOTICE OF DETERMIINATION, AND APPROVE TENTATIVE PARCEL MAP CASE NO. 96-530, LOCATED AT 880 OAK PARK BOULEVARD, APPLIED FOR BY RUSSELL AND PAMELA SHEPPEL WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 96-530 in accordance with the Development Code of the City of Anoyo Grande; 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 under the provisions of the California Environmental Quality Act (CEQA); and WFIEREAS, 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 Develogment Code. The General Plan designation is Oak Park Acres #140 with a minimum lot size of 10,000 square feet, and the applicant is proposing minimum lot sizes ranging from 18,295 to 25,788 square feet. All three parcels meet development standards for the Fi-S subzone of the PD 1.1 zone of the Development Code, except as approved by Variance Case No. 96-195. 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 are provided. 3. The design of 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. 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 w:ll not conflict with easements acquired by the public at large for access through, or use of, property within the proposeu ientative 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 a 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 proposeri tentative parcel map to support project development. Resolution No. 96-1575 Tentative Parcel Map Case No. 96-530 Russell & Pamela Sheppel August 20, 1996 Page 2 � Department of F'�sh and Game Required F'indings 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. 96-530. 2. Based on the initial study, a negative declaration has been drafted for review by the public and Planning Commission and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the Planning Commission recommends that the City Council adopt the negative declaration and find 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 TT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby recommends that the City Council adopt the negative declaration, instruct the secretary to file a Notice of Determination, and approve Tentative Parcel Map Case No. 96- 530, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion of Commissioner Keen, seconded by Commissioner Lubin, and by the following roll call vote, to wit: AYES: Commissioners Keen, Lubin, Deviny, Titus and Tappan NOES: None ABSENT: None the foregoing Resolution was adopted this 20th day of August, 1996. ATTEST: � c' Breese, Commission Clerk AS TO CONTENT: , � - v`� ` 1,� C �� � /�J v _ `�j� G---- William Tappan, Chairperson Doreen Lib'erto-Blanck, Community Development Director � d' Resolution No. 96-1575 ATTACHMENT !'A" CONDITIONS OF APPROVAL Tentative Parcel Map Case No. 96-530 880 Oak Park Boulevard GENERAL CONDITIONS COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes the subdivision of an existing 1.59 acre commercial parcel into three (3) lots. . 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 approval for Variance Case No. 96-195 and Conditional Use Permit Case No. 88-435, Amendment #2. 3. This tentative map approval shall automatically expire on August 20, 1998 unless the final map is recordetl or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the m�eeting of August 20, 1996 and marked Exhibit "A". 5. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold hannless 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 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 G� 7. : Development shall conform with the PD 1.1 zoning requirements except as otherwise approved. � 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. " - JOINT MAINTENANCE AGREEMENT 9. Prior to recordation of the parcel map, access and parking easements, drainage easements, and maintenance agreements shall be amended to include the new parcels and submitted for review and approval of the City Attorney. The amended agreements shall be recorded concurrently with the parcel map. -1- Resolution No. 96-1575 PUBLIC WORKS DEPARTMENT CONDITIONS All conditions of approval herein specified, unless otherwise noted, are to be complied with prior to the fili.ng of the map. GRADING 10. All grading shall be done in accordance with Grading Ordinance No. 303 C.S. IMPROVEMENTS 11. The following improvements shall be designed in accordance with City specifications and standards: , a. Drainage ditches, culverts, and other structures (if drainage calculation is required); . b. Sewer plan; c. Grading and erosion control plan for subdivision related improvements; d. Public utility location. 12. Prior to approval of improvement plans, the applicant shall enter into an agreement with the City for inspection of said improvements. WATER 13. Fire hydrants shall be installed as required by the Fire Chief at intervals along all commercial development public streets. SEWER 14. The subdivider shall install sewer laterals to each buildable lot shown on the tentative map at a size appropriate for proposed use. The minimum size shall be four inches (4"). PUBLIC UTILITIES 15 16. All new public utilities shall be undergrounded to comply with the Development Code. Prior to occupancy of any parcel within parcel map AG 95-108, all public utilities shall be operational. 17. At time of Public Improvement Plan review, plans shall be submitteti to all applicable public utility companies including but not limited to Pacific Gas and Electric (P.G.& E.), General Telephone (G.T.E.), Cable TV and Southern California Gas Company for review. Comments from the utility companies regarding required easements, transformer locations, eic. shall be forwarded to Public Works Department for review and approval. , -2- Resolution No. 96-1575 EASEMENTS /DEDICATIONS 18. In commercial subdivisions, the utility companies may require an easement to be dedicated. All public udlity easements shall be shown on the map. All easements to be abandoned by the map (Government Code Section 66499.20) shall be clearly identified as such with City-approved notation on the tentative and final map. SOIL TESTING 20. Prior to recordation of 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 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. 21. 22. 23. Map Checking -$215 plus $11 per lot. This fee will be collected prior to recordation of parcel map. Public Improvement Plan Plancheck and Inspection - Based on approved estimated cost of public improvements. All of the fee shall be collected prior to recordation of parcel map. BONDS/SURETY 24. 25 26. Faithful Performance - 100 %� of the approved estimated cost of all public improvements. Labor & Materials - 50% of the approved cost estimate. One Year Guarantee - 10% of the approved cost estimate. 27. Monumentation - Prior to recordation of the parcel map, amount set by the developer's engineer and apprcved by the Public Works Department of the monuments are to be set and accepted by the City. REPORTS/PLANS 28. Prior to recordation of the C�nal map, a cunent preliminary title report shall be submitted to the Public Works Director. -3- Resolution No. 96-1575 29. 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. 30. 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. 31. All required improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Specifications and Drawings. 32. Reciprocal access, utility and drainage easements may be required for the subject project prior to issuance of building permits. The specific easements needed cannot be determined at this time with the information submitted. SPECIAL CONDITIONS 33. Prior to recordation of the parcel map, the applicant shall show and provide easements of atl public utilities (electric, telephone, cable, gas) installed in the construction of the medical office. Said easements shall be recorded with the parcel map. 34. Prior to recordatioa of the parcel map, the applicant shall show and provide easements of water and sewer lines and fire hydrant lines installed in the construction of inedical office. 35. Prior to recordation of the parcel map, the applicant shall submit As-Built Plans of all public improvements installed in the construction of the medical building. �� L__J -4-