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PC R 96-1547RESOLUTION NO. 96-1547 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED TENTATIVE PARCEL MAP CASE NO. 92-502, LOCATED AT 150 SOUTH HALCYON ROAD, APPLIED FOR BY PHILIP W. STRAUSS; ADOPTING A NEGATIVE DECLARATION; AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has .considered Amended Tentative Parcel Map Case No. 92-502 in accordance with the Development Code of the City of Arroyo 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 I�as 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, design and improvements of this subdivision are consistent wit}� tl�e 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 shown on the Tentative Parcel Map, is physically suitable for the proposed type and density of development because all necessary easements, parking, drainage facilities, and setbacks can be provided. 3. The design of the Tentative Parcel Map or tl�e proposed improvements are not likely to cause substantial and considerable damage to the natural environment, including fish, ' wildlife or their habitat provided tlle 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 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 a prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 7. Adequate puUlic services and facilities exist or will be provided as the result of the proposed Amended Tentative Parcel map. Resolution No. 96-1547 � Amended Tentative Farcel M�p Case No. 92-502 Philip W. Strauss February 20, 1996 Page 2 NOW, THEREFORE, BE IT RTSOLV�D tl�at the .Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration, instructs the secretary to file a Notice of Determination and approves Amended Tentative Parcel Map Case No. 92-502, subject to the above findings and the following conditions of approval: CONDITIONS TOR APPROVAL: General Conditiot�s l. The applicant shall comply with all tl�e conditions of approval of Tentative Parcel Map Case No. 92-502 except as specifically modified herein. 2. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees, frorn any claim, action or 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 approval of this subdivision. In order for this condition to be effective, the City must promptly notify subdivider of any sucli claim, action or proceeding and must cooperate fully in the defense thereof. 3. This amended tentative map approval shall automatically exp.ire on Febn�u 20, 1998 unless the parcel map is recorded or an extension is granted pursuant to Section 9- 02.140.C. of the Development Code. 4. (Condition of approval ntimber 10 of Tentative Parcel Map Case No. 92-502 approved on September 15, 1992 is deleted and replaced with this condition.) Prior to final inspection of any new or converted structure on the property, the applicant shall pay the applicable Transportation Facilities Development Irnpact Fee as required by Arroyo Grande Municipal Code Section 3-2.501 et. seq. On motion by Commissioner Deviny, seconded by Commissioner Beck, and by the following roll cail vote, to wit: AYES: Commissioners Deviny, Beck, Soto, Tappan and Keen NOT.S: None ABSENT: Commissioners Carr and Lubin tl�e foregoing Resolution was adopted this 20th day of February, 1996. ATTEST: a � ._.. r' .�c cr Breese, Cominisston Clerk Joh�a�een, Ch�i erson AS TO CONTENT: I me�--.-- - �Oc�2-� nrnuntty Development D�rector