PC R 95-1537ItFSOLUI'ION NO. 95-1537
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
NEGATIVE DECLARATION WITH MITIGATION
MEASURES, AND INSTRUCTING THE SECRETARY TO
FILE A NOTICE OF DETERMINATION, AND APPRO VING
TENTATIVE PARCEL MAP CASE NO. 95-525 APPLIED
FOR BY ARLOMA CORPORATION AT 266 ASPEN
STREET
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Parcel Map Case No. 95-525 filed by Arloma Corporation, to subdivide one 7,200
square foot parcel into two lots in the MF zone; and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with City Code; 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 the draft negative declaration and
mitigation measures 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 Case No. 95-525 is consistent with the goals,
objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande
General Plan, as well as any applicable Specific Plan, and the requirements of Anoyo
Grande Municipal Code.
2. The site for proposed Tentative Parcel Map Case No. 95-525 is physically suitable for
the type of development proposed. Performance standards have been satisfied which
allow an adequate buildable area for development of both parcels in a manner consistent
with surrounding properties.
3. The site of proposed Tentative Parcel Map Case No. 95-525 is physically suited for the
proposed density of development. The General Plan designation allows a density of 9
dwelling units per acre, the density bonus included in this project allows 11 units per
acre, and the applicants are proposing 2 dwelling units.
4. The design of Tentative Parcel Map Case No. 95-525 or the proposed improvements are
not likely to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat. There are no existing habitats for fish or wildlife on or
near the site.
5. The design of the subdivision for Tentative Parcel Map Case No. 95-525 or type of
improvements is not likely to cause serious public health problems.
Resolutioi� No. 95-1537
TentAtive Parcel M�p Case No. 95-525
Arloma Corporation
266 Aspen Street
November 21, 1995
Page 2
6. The design of Tentative Parcel Map Case No. 95-525 or the proposed 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 will be
substantially equivalent to ones previously acquired by the public.
7. The discharge of waste from the proposed subdivision in an existing community sewer
system will not result in violation of existing requirements as prescribed in Division 7
(commencing with Section 13000) of the California Water Code. The existing waste
discharge sewer system can accommodate the wastes that result from this project.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed Tentative Parcel Map Case No. 95-525 to support project development.
9. The City of Arroyo Grande has found that a density bonus of 25 percent for the property
of Tentative Parcel Map Case No. 95-525 is consistent with the orderly development of
the community. Parcel 2 will be designated as a low-income dwelling unit in exchange
for allowing a 25 percent density bonus.
10. . The City of Arroyo Grande has found that it is not necessary to offer additional
development incentives in order for a portion of this project to be developed as low-
income housing, since the dwelling unit to be designated as low-income housing has
already been built and other development incentives have been allowed through the
planned unit development process.
NOW, TIIER�rORE, I3E IT R�SOLV�D U�at the Planning Commission of the City of
Arroyo Grande hereby adopts the negative declaration with mitigation measures, instructs the
Secretary to file a Notice of Determination, and approves said tentative parcel map, subject tv
the conditions of approval listed below:
GENERAL CONDITIONS:
1. The applicant sliall ascertain and cornply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of November 21, 1995 and marked "Exhibit A".
3. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers
and employees, from any clai►n, action or proceeding brought within the time period
provided for in Government Code Section 66499.37, against the City, its agents, officers
and 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 the
defense tl�ereof.
Resolution No. 95-1537
Tentative Parcel M�p Case No. 95-525
Arloma Corporation
266 Aspen Street
Novem6er 21, 1995
Page 3
4. A negadve declaration has been prepared for this project. Mitigation measures are listed
as conditions of approval. Said mitigation measures shall be implemented as conditions
of approval and shall be monitored by appropriate City departments and other responsible
agencies as indicated by the mitigation measures. The developer shall be responsible
for verification in writing by the monitoring department or agency that the
mitigatlon measures have been implemeuted. The parcel map cannot be recorded until
the Public Works Department has verified that the mitigation measures have been
implemented.
5. This tentative map approval shall automatically expire on November 21, 1997 unless the
parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the
Development Code.
6. The applicant shall comply with all conditions of approval for Conditional Use Permit
Case No. 95-539 and Variance Case No. 95-192.
MITIGATION MEASURES:
7. In the event that during grading, construction, or development of the project, any
arcl�aeological 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 (549-4513) 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.
Time Frame: Prior to issuance of building or grading permits for the
note, during construction.
Monitoring Department: Building and Fire Department/Public Works Department
8. The applicant shall provide for review and approval by the City Councii, an individual
water program which will propose measures to neutralize projected water demand for the
project. The approved program must be implemented prior to recordation of the parcel
map.
Time Frame: Prior to Recordation of the Parcel Map
Monitoring Department: Public Works Department
9. The applicant shall provide for review and approval by the Director of Public Works,
and engineered grading, drainage and erosion control plan.
Time Frame: Prior to recordation of the Parcel Map or prior to issuance
of building or grading permits, whichever occurs first
Monitoring Department: Public Works Department
10. 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
utilization of alternative means of protection.
Time Frame: Prior to recordation of the Parcel Map
Monitoring Department: Building and Fire I�epartment
1
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Resolution No. 95-1537
Tent.ative Pnrcel Map Case No. 95-525
Arloma Corporatio�i
2G6 Aspen Street
November 21, 1995
Page 4
COMMUNITY DEVELOPMENT DEPARTMEN'I':
11. Prior to recordation of tl�e Parcel Map, tlie applicants shall submit for review and
approval of the City Attorney, a deed restriction wl�ich sliall designate that the existing
dwelling unit on proposed Parcel 2 shall be offered for rent as a"low-income" housing
unit. The dwelling unit shall provide continued affordability to low-income residents
which shall not exceed rental rates above 30 percent of 60 percent of the area median
income, and the dwelling unit shall be a low-income dwelling unit for a minimum of 30
years or a longer period of time if required by the construction or mortgage financing
assistance program, mortgage insurance program or rental subsidy program. Said deed
restriction sliall be recorded prior to or concurrently with the Parcel Map.
12. Prior to recordation of the Parcel Map, the applicant shall construct or bond for
construction of the garage, driveway, landscaping and related improvements on proposed
parcel 2.
13. Construction of the new home on proposed parcel 1 may not occur the deeci restriction
has been recorded on Parcel 2.
14. The applicants shall provide a revised landscape plan and an underground inigation plan
prior to recordation of the Parcel for this project. Said plans shall be to the satisfaction
of the Community Development Director.
15. The applicants si�all provide revised elevations of the proposed dwelling unit on Lot 1
and the eastern elevation of t1�e proposed garage on Lot 2 prior to recordation of the
Parcel Map for this project. Said elevations shall be to the satisfaction of the Community
Development Director.
16. Development shall conform witl� tlie MF (Condominium/Townhouse) zoning
requirements except as otherwise approved by Variance Case No. 95-192.
17. Property line fences shall be provided where there are no fences or fences are in poor
repair prior to recordation of the final map. Design of fences shall be as shown on
Exhibit "A" or if not shown shall be subject to review and approval of the Community
Development Director.
18.
19.
20.
21.
Setbacks, lot coverage, and floor area ratios shall be as sl�own on the development plans,
Exl�ibit "A", except as specifically modified by tf�ese conditions.
The developer shall comply witl� Development Code Chapter 9-04, "Land Divisions".
The developer sl�all comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations."
Prior to recordation of the parcel rnap, t}ie applicant sl�all construct or bond for
individual curb cuts and paved driveways for both parcels
PUBLIC WORKS DEPARTMENT:
22. Dedicate with parcel map a one foot (1') wide strip along the Aspen Street frontage for
widening Aspen Street.
Resolution No. 95-1537
Tentative Parcel Map Case No. 95-525
Arloma Corporation
266 Aspen Street
November 21, 1995
Page 5
23. Submit a grading and drainage plan for approval of the Public Works Director. The plan
should show a retention basin at the back of each parcel and drainage pattern of how the
improvement water will reach Ash Street. Provide and record a blanket drainage
easement over lots 42 & 43 of Tract 10 per Book 5, page 28 of maps for the benefit of
the parcels created by this subdivision. Blanket easement to be recordetl prior to, or
concurrent .with recordation of parcel map.
24. Pay drainage fee per adopted resolution.
25. New unit to be served with City water and sewer. Relocate existing services as
necessary if they are in conflict with new services or lot lines prior to recordation of the
Parcel Map.
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27
Construct driveway approach for each parcel.
Connect existing house to the sewer if not yet connected,
28. All constructions and installations shall be per the City's Standard Plans and
Specifications and plans approved by the Public Works Director. Encroachment permit
is required when work is performed within the City right-of-way.
PARKS AND RECREATION DEPARTMENT:
29. Developer to pay current street tree fee for new unit prior to recordation of p�rcel map.
30. Developer to pay current park development fee for the new unit prior to recordation of
the parcel map.
On motion by Commissioner Lubin, seconded by Commissioner Beck, and by the
following roll call vote, to wit:
AYES: Commissioners Lubin, Beck, Carr and Keen
NOES: Commissioners Soto and Tappan
ABSENT: Commissioner Deviny
the foregoing Resolution was adopted this 21st day of November, 1995.
ATTEST:
� �.
bu ' e Breese, Conim�ssion Clerk
AS TO CONTENT:
Doreen
Community
John een, Ch� rson
ent Director