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PC R 95-1532RESOLUTION NO. 95-1532 A RESOLUTION OF THT PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECL�TION WITH MiTIGATION MEASURF.S, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING TCNTATIVE TR.ACT MAP 2190, APPLIED FOR BY BOB BOWEN, AT 1101 HUASNA ROAD WHEREAS, the Planning Commission of the City of Arrvyo Grande has considered Tentative Tract Map No. 2190, filed by Bob Bowen, to subdivide one parcel into five lots; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WIIEREAS, the Planning Commission has found tliat this project is consistent with the General Plan and t1�e Environrnental documents associated therewith; and WI�iEREAS, the Planning Commission has reviewed the draft negative declaration 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 Tract Map No. 2190 is consistent with 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 Title 9. 2. The site for Tentative Tract Map No. 2190 is physically suitable for the type of development proposed. 3. The site for Tentative Tract Map No. 2190 is physically suited for the proposed density of development. The site is large enough to accommodate the proposed number of single family parcels. 4. The design of the Tentative Tract Map No. 2190 or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no water course with fish or wildlife on or near tl�is site. 5. The design of the subdivision for Tentative Tract Map No. 2190 or type of improvements . proposed for it ares not likely to cause serious public health problems. 6. The design of the Tentative Tract Map No. 2190 or the type of improvements proposed for it will not conflict with easements acquired by the public at large for access tl�rough, or use of, property within lhe proposed Tentative Tract Map or that alternate easements will be substantially equivalent to ones previously acquired by the public. There are no existing public easements for access through or on to the property within the proposeci Tentative Tract Map No. 2190 7. The discharge of waste from the proposed subdivision Tentative Tract Map No. 2190 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 community sewer system can accommodate the additional discharge vf waste as a result of this project. Resolution No. 95-1532 Te�tative Tract 2190 Bob Bowen November 7, 1995 Page 2 8. Adequate public services and facilities exist or will be provided as the result of the proposed Tentative Tract Map No. 2190 to support project development. NOW, THEREFORE, BE IT RFSOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the secretary to file a Notice of Determination, and approves Tentative Tract Map No. 2190, subject to the conditions of approval listed below: 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 November 7, 1997 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 November 7, 1995 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 annut 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 thereof. MITIGATION MEASURES 5. 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 recordation of the final map. Time Frame: Prior to recordation of the final map. Monitoring Department: Public Works Department 6. 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, drip irrigation with drought tolerant landscaping and so forth. Time Frame: During building plan check Monitoring Department: Building and Fire Department 7. All water conserving designs or fixtures shall be installed. Time Frame: Prior to final occupancy of any structure. Monitoring Depart�nent: Building and Fire Department 8. 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 Resolution No. 95-1532 Tentative Tract 2190 Bob Bowen November 7, 1995 Page 3 9. The applicant shall comply witli tl�e provisions of Ordinance 431 C.S., the Community Tree Ordinance. Time Frame: Prior to and During Construction Monitoring Department: Parks and Recreation/Building and Fire Department 10. 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 sliall be noted to reflect this mitigation. Tirne rrame: Prior to issuance of building permits for the note, during construction. Moi�itoring Department: Building and Fire Department/Public Works Department 11. The applicant shall pay the applicable Transportation Facilities Development Impact Fee as required by Ordinance 461 C.S. and shall pay the applicable Traffic Signalization Fees as required by Municipal Code Section 3-2.3. Time Trame: Prior to issuance of building permits. Monitoring Department: Building and Fire Department 12. 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, crerlit may be given (if applicable) for utilizing alternative means of protection. Time Fr�me: Prior to recordation. Monitoring Department: Building and Fire Department 13. 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: Building and Fire Department/Public Wor.ks Department COMMUNITY DEVELOPMENT D�PARTMENT 14. Development shall conform with the Residential Suburban (RS) zoning requirements except as otherwise approved. � 15. Walls or fences within the front setback area shall be no more than three feet (3') in height. Unless specifically approved through the appropriate procedure, no wall or fence shall exceed six feet (6') in height. 16. The developer shall comply with Development Code Chapter 9-04, "Land Divisions". 17. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations. " Resolution No. 95-1532 Tentative Tract 2190 Bo6 Bowen November 7, 1995 Page 4 18. Prlor to recordation of the �nal map, the developer shall comply with Development Code Chapter 9-15, "Improvements". All on-site utilities shall be undergrounded (per Condition number 36) however, existing overhead power lines that extend across Huasna Road to the existing power pole may remain. Utilities shall be undergrounded from the power pole to the properties. 19. The development shall comply with Development Code Sections 9-10.070, "Fences, , Walls and Hedges"; 9-10.080, "Lighting"; 9-10.110, "Performance Standards"; and 9- 10.120 "Screening Requirements". 20. Prior to recordation of tlie Cnal map, a joint maintenance agreement for the access easement shall be submitted for review and approval of the City Attorney. The joint maintenance agreement shall be recorded concurrently with the final map. 21. Prior to recordAtion of the �nal map, the applicant shall remove all structures in . con�lict with new lot lines. 22. Prior to recordAtion of the rnal map, the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. 23. Prior to recordation of the final map, the applicant shall construct, or bond for construction of a two-car garage and driveway for the existing house on lot 1. 24. Prior to recordation of the �nal map, the developer shall provide deed restrictions that stipulate that a minimum of 50 percent of the site on Parcel 5 only shall remain in a natural state and a minimum of 20 percent of the site on Parcels 1 and 2 shall remain in a natural state (Section 9-04.050). Said deed restrictions shall be reviewed and approved by the City Attorney and recorded concunently with the final map PARKS AND RECREATION DEPARTMENT 25. Prior to recordation of the finAl map, the developer shail pay the cunent parks development fee for each lot (credit shall be provided for existing houses). 26. The developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street tree is required for every fifty (50') feet of project frontage. The developer, with the approval of the Park and Recreation Director, may install all 15 gallon trees and receive a refund of deposit, upon final acceptance, and issuance of the certificate of occupancy. 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. Tl�e 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. � Resolution No. 95-1532 Tentative Tract 2190 Bob Bowen November 7, 1995 Page 5 � 28. Prior to recordation of the final map, the applicant shall submit a fence/wall and landscaping plan for the Huasna Road street frontage. The plan shall provide continuity with the Dorfman and Ikeda tracts and shall be subject to review and approval of the Director of Parks and Recreation and the Community Development Director. The fence/wall shall be installed with tract improvements. Deed restriction for lots 2, 3& 4, shall require lot owners to maintain landscaping adjacent to Huasna Road. Said deed restrictions shall be reviewed and approved by the City Attorney and recorded concurrently with the final map. PUBLIC WORKS DEPARTMENT 29. All civil engineering plans to be prepared, stamped, and signed by a civil engineer registered in the State of California. 30. Install concrete curb, gutter and sidewalk along Callie Court and Huasna Road frontages of project, and conform paving to new curb and gutter. Minimum structural section of paving along Huasna Road shall be 8" class 2 aggregate base and 2 1/2" asphalt concrete. Curb face, on Callie Court to be 6" and Huasna Road to be 8". 31. Dedicate a 10' street tree and public utilities easement on Callie Court. On Huasna Road which is a collector street, a 6' street tree and public utilities easement is required, but where there is S feet or more of space from the back of the 6' sidewalk to the existing right of way, no dedication of easement is necessary. 32. 33. 34. 35. Owner/developer to relinquish all vehicular access on the southerly lines of lots 1- 4 abutting Huasna Road. This should be noted on the Owner's Certificate of the final map. C.C. and R's to be recorded with the Tract Map for the maintenance of the common driveway for lots 1- 5. All units to be served by city water and sewer. Existing house on lot I to be connected to the sewer, and if already connected tlie lateral must be relocated to fall witf�in the proposed lot lines. 36. Install street light at intersection of Callie Court and Huasna Road and relocate existing street light on Huasna Road as approved by the Director of Public Works. Installation shall be per City and P.G.& E. standards. In addition applicant shall underground all on-site utilities from tlie pole as appzoved by the Director of Public Works. 37. Vee drain ditch along the northerly line of lot 4 to Ue concrete lined and maintained by the property owner. Connection to the existing drain inlet on Huasna Road shall be approved by the Director of Public Works. Resolution No. 95-1532 Tentative Tract 2190 Bob Bowen November 7, 1995 Page 6 BUILDING AND FIRE DEPARTMENT 38. All structures must comply with the most recent edition of the California Fire and Building Codes and City Ordinances. 39. Credit shall be given for (existing) permitted structures to be demolished. $25.00 demolition permit for any structures to be removed. 40. All pre-existing non-conforming items such as wells, underground tanks, septic systems, pipes, and etc., shall be properly abandoned pursuant to applicable agency standards prior to issuance of building permits. 41. A demolition permit is required for removal of the existing structures. With the demolition permit, building credits shall be reviewed. On motion by Commissioner Deviny, seconded by Commissioner Tappan, and by the following roll call vote to wit: AYES: Commissioners Deviny, NOFS: None ABSENT: Commissioner Carr Tappan, Beck, Lubin, Soto, and Keen 0 the foregoing Resolution was passed and adopted this 7th day of November, 1995. ATTT.,ST: � / il Breese, Commission Clerk Joh een, Chai� AS TO CONTENT: Doreen Liberto'�lanck, Community Development Director ��I L__I �1 ,��