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PC R 95-1531RESOLUTION NO. 95-1531 A RESOLUTION OF TI-I� PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASUR.ES, INSTRUCTING T`HE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING TENTATIVE PARCEL MAP CASE NO. 95-526, APPLIED FOR I3Y MARK VASQUEZ (NORMA J. WIISOI� AT 1075 FARROLL AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 95-526, filed by Mark Vasquez, to subdivide one parcel into two lots; and WIiEREAS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WIIEREAS, the Planning Commission has found that this project is consistent witl� the General Plan and the Environmental documents associated therewilh; and WHEREAS, the Planning Commission has reviewed the draft negative declaration under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Cornmission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed Tentative Parcel Map No. 95-526 is consistent with goals, objectives, policies, plans, programs, intent, and requirements of the Anoyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of Title 9. 2. The site for proposed Tentative Parcel Map No. 95-526 is physically suitable for the type of development proposed. There is adequate buildable area for development of both parcels in a manner consistent with surrounding properties. 3. The site for proposed Tentative Parcel Map No. 95-526 is physically suited for the proposed density of development. The General Plan designation allows a density of 4.5 dwelling units per acre and the applicant is proposing a density of 3.2 dwelling units per acre. 4. The design of Tentative Parcel Map No. 95-526 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 tl�e subdivision for Tentative Parcel Map No. 95-526 or type of improvements is not likely to cause serious public health problems. 6. Tlle design of the Tentative Parcel Map No. 95-526 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 will be substantially equivalent to ones previously acquired by the public. The proposed residential building footprint does not encroach the existing sewer easement and as a condition of approval, ttie easement is being widened. Resolutio,i No. 95-1531 Teotative Parcel Map Case No. 95-526 Mark Vasquez (Norma J. Wilson) November 7, 1995 � Page 2 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 may result from this project. 8. Adequate public services and facilities exist or will be provided as the result of the proposed Tentative Parcel Map No. 95-526 to support project development. 9. The prohibition on future division of this lot, enacted as a condition of approval of Lot Split Case No. 75-222 is no longer necessary to serve the public interest. Development of adjacent properties to the south and west of this site have eliminated the possibility of a public right-of-way being constructed to serve these parcels. The existing easement is adequate to serve existing and proposed parcels and the condition requiring a recorded maintenance agreement will ensure that the access is maintained in satisfactory condition. NOW, THEREFORE, BE IT RESOLVED 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 Parcel Map Case No. 95-526, 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 empioyees, to attack, set aside, void or annul the City's approval of this subdivision. In order for tl�is 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. 5. A negative declaration with mitigation measures has been adopted for this project. The following mitigation shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The applicant shall be responsible for veri�cation in wi•iting by the monitoring department or agency that the initigation measures have 6een implemented. Resolutioi� No. 95-1531 Tentative Parcel Map Case No. 95-526 Mark Vasquez (Norma J. Wilson) November 7, 1995 Page 3 MITIGATION MEASURES 6. The applicant shall submit, for review and approval of the City Council, an individual water prograln that will neutralize projected water demand for the project. The approved program shall be implemented prior to recordation of the parcel map. Time Frame: Prior to recordation of the parcel map. Monitoring Department: Public Works Department 7. 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: IIuilding and Fire Department 8. All water conserving designs or fixtures shall be installed. Time Frs�me: Prior to final occupancy of any structure. Monitoring Department: Building and Fire Department 9. 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 10. The applicant shall comply with Community Tree Ordinance. Time Frame: Monitoring Department: the provisions of Ordinance 431 C.S., the Prior to and During Construction Parks and Recreation/Building and Fire 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 tl�e 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. Time Frame: Prior to issuance of building permits for the note, during construction. Monitoring Depart.ment: Building and Fire Department/Public Works Department 12. The applicant shall pay tl�e 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 Frame: Prior to issuance of building permits. Monitoring Department: Building and Fire Department Resolution No. 95-1531 Tentative Parcel Map Case No. 95-526 Mark Vasquez (Norma J. Wilson) November 7, 1995 Page 4 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 Works 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 utilization of alternative means of protection. Time Frame: Prior to recordation of the Parcel Map Monitoring Department: Building and Fire COMMUNITY DEVELOPMENT DEPARTMENT 15. The developer shall comply with Development Code Chapter 9-04, "Land Divisions". 16. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations. " 17. Prior to recordation of the parcel map, the deve�oper shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be undergrounded along the private driveway. 18. Prior to recordation of the parcel 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 discuss maintenance of paving and landscape areas and shall be recorded concurrently with the parcel map. PARKS AND R�CREATION DEPARTMENT 19. Prior to recordation of the parcel inap, the developer shall pay the current parks development fee for the new lot, (credit shall be provided for existing houses). 20. 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. POLICE DEPARTMENT 21. Applicant to provide street lighting adjacent to "grass crete"fire-access turn-around shown on map subject to review and approval of the Police Chief. (Prior to occupancy of residence on Parcel 2.) PUBLIC WORKS DEPARTMENT 22. Submit a grading and drainage plan for approval of the Director of Public Works. If ponding basin on the Gin-Keith project is used to pond the improvement water, developer shall acquire a drainage easement with the necessary maintenance agreement. Also, applicant shall acquire drainage easements from the owner of parcel 3, Parcel Map AG 75-279. All of the above documents to be recorded. A copy of the easements to be submitted to the City prior to recordation of parcel map. Resolutio�i No. 95-1531 Tentnttve Parcel MAp Cnse No. 95-526 Mark Vnsquez (NorrnA J. Wilson) November 7, 1995 P�ge 5 23. 24. 25. Prior to or concurrent with recordation of parcel map, the applicant shall dedicate to the City a 20 foot sewer easement, which shall be 10 feet on each side of the existing 14" VCP sewer main. Install sewer lateral for Parcel 2 within the driveway easement. Provide the City with "as-built" location of the lateral after installation. 26. Prior to or concurrent with recordation of the parcel map, dedicate to the City the widening of Farroll Avenue to meet collector street standards, and a six foot street tree and public utilities easement. 27. 28. 29. 30. 31. Pay a drainage fee per City resolution. Amount of fee to be calculated by the Building Department and to be paid with building permit. New parcel to be served with City water. Covenants, Conditions and Restrictions shall be provided for the maintenance of the driveway, recorded concurrently with the parcel map. All civil engineering plans to be prepared by a licensed civil engineer, registered with the State of California. All construction and installations shall be per tlle City's standard plans and specifications, and plans shall be approved by the Public Works Director. Replace broken driveway approach to City standards and specifications and subject to review and approval of the Director of Public Works. BUILDING AND FIRE DEPARTMENT 32. All address shall be visible at tt�e street and on individual building prior to issuance of a Certificate of Occupancy. 33. The project shall comply with tt�e 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. 34. All fire lanes must be posted and enforced per Police and Fire Department guidelines. 35. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non-confirming items such as septic tanks, wells, piping etc. � Y...;.,.::.... ..,. . :•1>:.;.f.�..,; :;.; 3��deFg{ea�-��ttt��ie� �: �l���i�<'�: ` :::<�a�rirt��r�?}� ....................:<�;�.;;;:<::.;::::: �;:.: ;::�;;: ;;:<::.»;;::;:.;>::.�;:...., ..... 37. Compaction tests required in the footings prior to concrete pour inspection. Resolution No. 95-1531 Tentative Parcel Map Case No. 95-526 Mark Vasquez (Nonna J. WiLson) November 7, 1995 Page 6 38. No water heaters permitted in garage. 39. 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. , On modon by Commissioner Tappan, seconded by Commissioner Soto, and by the following roll call vote, to wit: AYES: Commissioners Tappan, Soto, Beck, Deviny, Lubin, and Keen NOFS: None ABSENT: Commissioner Carr the foregoing Resolution was adopted this 7th day of November, 1995. ATTEST: � ucil ` Breese, Commission Clerk AS TO CONTENT: ��-- Joh�een, Chai�on Doreen Liti�rto-Blanck, Community Development Director � I I I U