PC R 96-1572IZCSOLU'1'ION NU. 96-1572
A RESOLUTION OF T�IC PLANNING COMMISSION OF
THE CITY OF ARROYO GRAND� R�COMMI:NDING �
APPROVAL OF AN AMENDM�NT TO VESTING
TrNTATIVE TRACT MAP NO. 1997 AND SPECIFIC
DEVELOI'MEIVT PLAN NO. 90-04, TOR TIIE PROI'ERTY
LOCAT�D NORT�� OT JAMTS WAY AND W�ST OF LA
CANADA IN TI�E "RANCHO GRAND�" PLANNED
DEV�LOPM�NT, APPLIEll TOR I3Y OTTSE, INC.
WIIER�AS, on April 30, 1991, tlle City Council adopted Resolution No. 2469
approving Vesting Tentative Tract Map No. 1997 and Specific llevelopment Plan No. 90-04;
and
W��ERLAS, on Pebruary 22, 1994, the City Council adopted Ordinance 461 C.S. for
payment of traffic impact fees; and
WIIrR�AS, as part of the approval of Ordinance 461 C.S., the City Council adopted
a policy that allowed developers, under specified circumstances, to file an amended project to
allow payment of fees pursuant to Ordinance 461 C.S.; and
WII�REAS, Ottse, Inc. has submitled an amendment to Vesting Tentative Tract Map
No. 1997 and SpeciFic Development Plan No. 90-04; and
WHEREAS, said amendment requests modification of mitigation measure number 23 to
allow payment of traffic mitigation fees pursuant to Ordinance 461 C.S.; and
WI�ER�AS, the Planning Commission of the City of Arroyo Grande has considered said
amendment to Vesting Tentative Tract Map No. 1997 and Specific Development Plan No. 90-04
in accordance wiUi the Development Code of the City of Arroyo Grande; and
WI-I�R�AS, an Acidendum to tl�e Environmental Impact Report for the Rancho Grande
Subdivision has been prepared pursuant to the provisions of the California �nvironmental Quality
Act (CEQA); and
WI-I�R�AS, the Planning Commission, on July 16, 1996, held a duly noticed public
hearing on the amendment to Vesting Tentative Tract Map No. 1997 and Specific Development
Plan No. 90-04; and
WI-I�R�AS, lhe Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed map, design and improvements of this subdivision are consistent with the
goals, objectives, policies, plans, programs, intent, and requirements of tl�e General Plan
map and text and the requirements of the Development Code.
2. This site as shown on the tentative map, is pliysically suitable for the proposed type and
density of development because all necessary easements, parking, drainage facilities, and
setbacks can be provided.
Resolution No. 96-1572
Amended Vestiug Tent�tive Tr�ct 1997
Ot.tse, Inc.
July 16, 1996
P�ge 2
3. The design of the tentative map or the proposed improvements are not likely to cause
substantial and considerable damage to the natural environment, including fish, wildlife
or their habitat provided tl�e ►nitigation measures adopted as conditions of approval are
implemented. Furthennore, payment of the new traffic mitigation fee (as opposed to
paying the old fee) will adequately mitigate project impacts on City transportation
facilities.
4. Tl�e proposed desigii oE tl�e subdivision or proposed improvements are not likely to cause
public health problems.
5. The design of the tentative map or the type of irnprovements will not conflict with
easements acquir.ed 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 tl�at tliese alternative easements will be substantially equivalent to ones
previously acquired by the public.
6. The discharge of waste frocn tlle proposed subdivision into an existing com►nunity sewer
system will not result in violatioii 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
proposed Amended Tentative Tract Map.
NOVV, TI-IEREFORE, B� IT RCSOLV�D that tl�e Planning Commission of the City of,
Arroyo Grande hereby recommends approval of the amendment to Vesting Tentative Tract Map �
No. 1997 and Specific Development Plan No. 90-04 to the City Council, subject to the above
findings and the following conditions of approval:
CONDITIONS FOR AI'PROVAL:
Gener�l Condit.ious
1. The applicant shall comply with all the conditions of approval of Vesting Tentative Tract
Map No. 1997 and Specific Development Plan No. 90-04 except as specifically modified
herein.
2. The subdivider shall defencl, indemnify and hold harmless the City, its agents, officers,
and employees, from any claim, action or proceeding brought within the time period
provided for .in Government Code Section 66499.37, against the City its agents, offcers,
or employees, to attack, set aside, void or annul tlie City's approval of this subdivision.
In order for this coridition to Ue effective, the City must promptly notify subdivider of
any such claim, action or proceeding and must cooperate fully in the defense thereof.
3. This amended lentative map approval shall automatically expire on July 16, 1998 unless
the map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the
Development Code.
Resolution No. 96-1572
Amended Vesting 1'entative '1'ract. 1997
Ol.lse, Inc.
July 16, 1996 •
Page 3 .
Mitigation Measures
4. (Mitigation Measure number 23 of Vesting Tentative Tract Map No. 1997 and Specific
Development Plan No. 90-04 approved on April 30, 1991 is deleted and replaced with
this mitigation measure.) Prior to recordatio�l of tl�e final map, tl�e developer sl�all enter
into an agreement with the City, in a form acceptable to the City Attorney, whereby, the
developer agrees, on bel�alf of himself and t�is successors in interest, to pay the City a
fee of One Thousand, Sixty Nine Dollars and Twenty Two Cents ($1,069.22) per
residential unit, to be paid for each residential unit prior to issuance of building permits
or witt�in five (5) years of recordation of lhe parcel map, whicllever comes first.
On motion by Commissioner Keen, seconded by Commissioner Titus, and by the
following roll call vote, to wit:
AYES: Commissioners Keen, Titus and Tappan
NOES: Commissioners Lubin and Deviny
ABS�NT: None
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ttie foregoing Resolution was adopled tt�is 16t1� day of July, 1996.
ATT�ST:
� �
. � ��
� 1 Breese, Commission Clerk William Tap , Chairperson
AS TO CONTENT:
a �� �
Doreen Liberto-BI n�
� -
Community Development Director