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PC R 96-1543RESOLUTION NO. 96-1543 A RESOLUTION OF TI3E PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A � NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DE1'ERMINATION, AND APPROVING TENTATIVE PARCEL MAP CASE NO. 95-528, LOCATED AT 1059 MAPLE STREET, APPLIED FOR BY RICHARD DEBLAUW CONSTRUCTION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 95-528 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 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 Arroyo Grande General Plan and the requirements of the Development Code. The General Plan designation is Residential Single Family with a maximum density of 4.5 dwelling units per acre, and the applicants are proposing a density of 4.0 units per acres, and 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 necessaty easements, drainage facilities, and setbacks can be 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 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. Resolution No. 9G-1543 Tentative Parcel Map Case No. 95-528 . Richard DeBlau�v Constn�ction January 2, 1996 Page 2 7. Adequate public services and facilities exist or will be provided as th� result of the proposed tentative parcel map to support project develvpment. NOW, T1�ERFFORE, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby adopts a negative declaration witl� mitigation measures, instructs the secretary to file a Notice of Determination and approves Tentative Parcel Map Case No. 95-528, with the above findings and subject to the following conditions of approval: GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. This tentative map approval shall automatically expire on January 2, 1998 unless the final 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 Commission at the meeting of January 2, 1996 and marked "Exhibit "A". 4. The subdivider shall defend, 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, 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 such claim, action or proceeding and must cooperate fully in tl�e defense thereof. 5. Prior to issuance of a final certi�cate of occupancy, the developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo IIeach Post Office. 6. A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures sliall be implemented as conditions of approval and shall be monitored by the appropriate City department or otl�er responsible agency. Tl�e applicant sliall be responsible for verification in writing by the monitoring department or agency that the mitigation inensures have been implemented MITIGATION MEASURES: 7. Prior to recordation of the parcel map 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 issuance vf building permits. Time Frarne: Prior to recordation of parcel map/prior to issuance of building permits Monitoring Department: Public Works Department J Resolution No. 96-1543 Tentative Parcel Map Case No. 95-528 Richard DeBlauw Construction January 2, 1996 Page 3 8. 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, dFip irrigation with drought tolerant landscap�ng and so forth. Time Frame: During building plan check Monitoring Department: Building and Fire Department 9. All water conserving designs or fixtures shall be installed. Time Frame: Prior to final occupancy of any structure. Monitoring Department: Building and Fire Department 10. 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 11. In the event that during grading, construction, or development of the project, any archaeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. 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 mitigation. A representative of the appropriate tribe shall be present on site during all grading, trenching and excavation. Time Frame: Prior to issuance of grading or building permits for the note, during construction. Monitoring Depart.ment: IIuilding and Fire Department/Public Works Department 12. The applicant shall pay the applicable Transportation Facilities Development �mpact Fee as required by Ordinance 461 C.S. Time Frame: Prior to issuance of a building permits. Monitoring Departinent: Building and Fire Department 13. The applicant shall pay the applicable Traffic Signalization Fees as required by Municipal Code Section 3-2.3. Time Fra�ne: Prior to issuance of a building permit. Monitoring Department: Building and Fire Department 14. A Fire Impact Fee of ($750.00) per lot shall be paid prior to recordation. Based on review by the Director of Building and Fire, credit may be given (if applicable) for utilizing alternative means of protection. Time Frame: Prior to recordation. Monitoring Department: Building and Fire Department Resolution No. 96-1543 Tentat.ive Parcel M�p Case No. 95-528 Richard DeBlauw Construction January 2, 1996 Page 4 15. Construction shall be limited to between the hours of 7am and lOpm Monday through Friday and between 8am and Spm on Saturday or Sunday. Time Frame: During construction. Monitoring Department: Police Department COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS: 16. Development shall conform with the single family (SF) zoning requirements except as otherwise approved. 16a. Concurrently with recordation of the Parcel Map, the applicant shall record a deed restriction affecting Parcel 1 that requires any house constructed on said lot to front on Maple Street with a garage accessed frorn the common driveway. An access denial strip shall be recorded concurrentl.y with the Parcel Map, along the Maple Street frontage of Parcel 1 exclusive of the common driveway. 17. Property line fences shall be prvvided where there are no fences or fences are in poor repair prior to recordation of tl�e �n�l m�p. Design of fences shall be subject to review and approval of the Community Development Director. 18. The developer shall comply witl� Illevelopment Code Chapter 9-04, "Land Divisions". 19. The developer shall comply with Develop►nent Code Chapter 9-14, "Dedications, Fees and Reservations." 20. Prior to recordation of the parcel map, the developer shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be undergrounded. Above ground utilities on the Maple Street property frontage may remain above ground but prior to recordation of the Parcel Map the applicant shall install conduit for future underground utilities per utility company specifications. 21. Prior to recordation of the parcel map, a joint maintenance agreement fvr the common driveway shall be submitted for review and approval of the City Attorney. The joint maintenance agreement shall be recorded concurrently with tl�e parcel map. 22. Prior to recordation of the parcel rnAp, the a�plicant shall remove all structures in conflict with new lot lines. 23. Prior to recordation of t.he parcel map, the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. 24. Prior to recordation of tl�e parcel map, the applicant shall construct, or bond for construction of a two-car garage and driveway for the existing house on lot 2. Resolution No. 96-1543 Tents�tive Parcel Map Case No. 95-528 Richard DeBlauw Construction January 2, 1996 Page 5 PARKS AND RECREATION DEPARTMENT C�NDITIONS: 25. Prior to recordation of tlie parcel map, the developer shall pay the current park development fee, or donate land in-lieu of, for each lot approved, in accordance with City Ordinance 313 C.S.(3 lots-credit given for existing house) 26. The developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street tree is required for each lot. Prior to issuance of the certiCcate 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. 27. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Parks and Recreation/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and specie of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs on trees or adjacent property. 28. All significant trees to be removed as designated by the Director of Parks and Recreation/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Parks and Recreation Director, tree removal shall be mitigated by planting on site, off-site, or in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be requ�red to mitigate tree removal. Prior to issuance of a Certificate of Occupancy, all trees shall be planted or fees paid. 29. Prior to issuance of a grading permit, all trees to remain on site shall be marked with � paint/ribbon 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. 30. 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: a. No mechanical trenching within the drip iine of a tree. b. No storage of equipment, supplies, tools, etc., witl�in 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Parks and Recreation Director. d. A five foot (5') prncective fence shall be constructecl a minimum of 8' from the trunk of each tree. 31. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. Resolution No. 96-1543 Tentat.ive P�rcel Ms�p C�se No. 95-528 Richard DeBlauw Construction January 2, 1996 Page 6 38. 39. 40. BUILDING AND FIItE DEPARTMENT CONDITIONS: 32. Prior to issuance of a certificate of occupancy, all addresses shall be visible at the street and on individual residences. 33. The project shall comply with tlie most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. All roofs shall be class "A". 34. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 35. 36. A Fire Impact Fee of($750.00) per lot sl�all be .paid prior to recordation. Based on review by the Director of Building and Fire, creclit may be given (if applicable) for utilization of alternative means of protection. (See mitigation measure No. 14). 37. Prior to issuance of a grading permit or buiiding permit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. Prior to issus�nce of a bi�ilding permit, a demolition permit must be applied for, approved and issued. Prior to concrete pour inspection, compaction tests are required in the footings. No water heaters shall be permitted in the garage. 41. Prior to issuance of buildi�ag permits, all new residential construction requires posting of a($1200.00) performance bond for erosion control and damage to the public right-of- way. This bond is refundable upon completion of the job. PUBLIC WORKS CONDITIONS: 42. All civil engineering plans to be prepared by a civil engineer registered in the state of California. 43. Replace any broken curb, gut.ter and sidewalk. Existing driveways to be removed shall be replaced witli standard curb, gutter and sidewalk. Conform paving to the new curb and gutter. 44. Prior to record�tion of Parcel M�p, submit a grading and drainage plan. Improvement water to drain to the street or retain on site as approved by the Director of Public Works. Provide a CC&R for maintenance of the drainage and access easements and to be recorded prior to or concurrent witl� the parcel map. � � Resolution No. 96-1543 Tentative Parcel Map Case No. 95-528 Richard DeBlauw Construction January 2, 1996 Page 7 45. Water meters to be installed in sidewalk on Maple Street. Meters to be on a manifold served by a water main from the existing main and shall be sized to meet fire flow requirements. 46 47. 48. Pay drainage fees and other fees required by the Public Works Department. On Parcel2, relocate existing water and sewer laterals and other utility services to their respective easement. ' Construct under-sidewalk drain next to the driveway and west of the telephone pole. On motion by Commissioner Deviny, seconded by Commissioner Beck, and by the following roll call vote, to wit: AYES: Commissioners Deviny, Beck, Carr, Soto, Lubin and Tappan NOES: None ABSENT: Commissioner Keen the foregoing Resolution was adopted this 2nd day of January, 1996. ATTEST: f V � . - uci Breese, Commission Clerk William Tappan, Vice Chairperson AS TO CONTENT: ` p�s�-,� Doreen Libert� Blanck, Community Development Director