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PC R 96-1549RESOLUTION NO. 96-1549 A RFSOLUTION OF THE PLANNING CONIMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING APPROVAL OF AN AMENDMENT TO VESTING TENTATIVE TRACT MAP NO. 1834 AND SPECIFIC DEVELOPMENT PLAN NO. 90-01, FOR THE PROPERTY LOCATED NORTH OF JAMES WAY IN THE "RANCHO GRANDE" PLANNED DEVELOPMENT, APPLIED FOR BY OTTSE, INC. � WHEREAS, on April 30, 1991, the City Council adopted Resolution No. 2467 approving Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01; and WH�REAS, on February 22, 1994, the City Council adopted Ordinance 461 C.S. for payment of traffic impact fees; and WHEREAS, 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 WHEREAS, Ottse, Inc. has submitted an amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01; 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 WHEREAS, the Planning Commission of the City of Arroyo Grande has considered said amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01 in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, an Addendum to the Environmental Impact Report for the Rancho Grande Subdivision has been prepared pursuant to the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission, on February 20, 1996, held a duly noticed public hearing on the amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-0 l; and WHEREAS, tl�e 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 the General Plan map and text and the requirements of the Development Code. 2. This site as sltown on the tentative map, is physically suitable for the proposed type and density of development because all necessary easements, parking, drainage facilities, and setbacks can be provided. � � Resolut.ion No. 9G-1549 Amended Vesting Tent�tive Tract 1834 J � Ottse, Inc. Tebruary 20, 199G Page 2 3. The design of tlie 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 tlie mitigation measures adopted as conditions of approval are implemented. Furthermore, payment of the new traffic mitigation fee (as opposed to paying the old fee) will adequately mitigate project impacts on City transportation facilities. 4. The proposed design of the subdivision or proposed improvements are not likely to cause public health problems. 5. The design of tlie tentative 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 discl�arge of waste frorn 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 proposed Amended Tentative Tract Map. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends approval of the amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01 to the City Council, subject to the above findings and the following conditions of approval: CONDITIONS TOR APPROVAL: Gener�l Conditions 1. The applicant sl�all comply witli all the conditions of approval of Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01 except as specifically modified herein. 2. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees, from any claim, action vr proceeding brought within the time period provided for in Government Code Section 66499.37, against the City its agents, officers, or employees, to attack, set aside, void or annul the City's appi of this subdivision. In order for this condition to be effective, the City must promptly notify subdivider of any such claim, action or proceeding and must cooperate fully in the defense thereof. 3. This amet�ded tentative map approval shall automatically expire on February 20, 1998 unless the map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. Resolution No. 96-1549 Amended Vesting Tentative Tr�ct 1834 Ottse, Inc. FebruAry 20,1996 Page 3 Mitigation Measures 4: �. (Mitigation Measure number 23 of Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01 approved on April 30, 1991 is deleted and replaced with this mitigation.) Prior to recordation of the final ma�, the developer shall enter into an � agreement with the City, in a form acceptable to the City Attorney, whereby, the developer agrees, on behalf of himself and his 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 within five (5) years of recordation of the parcel map, whichever comes first. On motion by Commissioner Keen, seconded by Commissioner Beck, and by the following roll call vote, to wit: AYES: Commissioners Beck, Tappan and Keen NOES: Commissioners Deviny and Soto ABSENT: . Commissioners Carr and Lubin the foregoing Resolution was adopted this 20th day of February, 1996. ATTFST: .j 1 c���`� . � uci� Breese, Commission Clerk Joh een, Ch� erson AS TO CONTENT: c �� _ � Doreen Liberto-Blanck, Community Development Director