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PC R 94-1490RESOLUTION NO. 94-1490 A RESOLUTION OF TH� PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP NO. 2160, LOCATED AT 305 ALDER STREET, APPLIED FOR BY M.I.C.O., INC.; ADOPTING A N�GATIV� D�CLARATION WITH MITIGATION MEASURES; AND INSTRUCTING TfIE SECRETARY TO FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Tract Map No. 2160 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 has reviewed the draft Negative Declaration with 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 tract map, is consistent witli the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of the Development Code because the General Plan designation is Condominium/Townhouse witli a maximum density of 9.0 dwelling units per acre, and the applicants are proposing a density of 8 units per acre, and tlie lot areas, widths, and depths were found appropriate through the Planned Unit Development process. 2. This site as shown on the tentative tract map, is physically suitable for the proposed type and density of development because all necessary easements, parking, open space, and setbacks can be provided. 3. The design of the tentative tract map or the proposed improvements are not likely to � cause substantial and considerable damage to the natural environment, including fish, 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 tract map or tlie 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 tract 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. 94-1490 Te��tative Tract Map No. 2160 M.I.C.O., Inc. November 15, 1994 Page Two 7. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. � Department of Fisli and Game Required Findi��gs: 1. The City of Arroyo Grande has pzepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Tentative Tract Map No. 2160 and Conditional Use Permit Case No. 94-526. 2. Based on the initial study, a negative declaration was prepareci for review by the public an review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, tlie Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on tl�e habitat upon whicti tl�e wildlife depends as a result of development of this project. 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 �le a Notice of Determination and approves Tentative Tract Map No. 2160, subject to the above findings and those conditions and mitigations listed below: General Condilions 1. The applicant shall ascertain and comply 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 tlie Planning Commission at the meeting of November 15, 1994 and marked "Exhibit A". 3. This tentative rnap approval shall automatically expire on November 15, 1996 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 4. The subdivider shall defend, indemt�ify and hold harmless the City, its agents, officers, and emplvyees, from any claim, action or proceeding brought witl�in 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 approvai 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. � .. :,.; ; ;.� . ;.,,, Resolution No. 94-1490 . Tentative Tract Map No. 2160 M.I.C.O., I►ic. November 15, 1994 Page Three 5. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 94-526. 6. A negative declaration has been prepared for tllis 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 veri�cation in writing by the monitoring department or agency that tlie mitigation measures have been implementecl. Mitigatioii Measures 7. Prior to recordation of the Final Map, deed restrictions or CC&R's shall be submitted for review and approval of the Planning Department, that inform prospective property owners of the water conservation requirements of the Conditional Use Permit. Deed restrictions or CC&R's shall be recorded concurrently with the Parcel Map. Monitoring Depai Planning Department Time Frame: Prior to recordation of the Parcel Map. 8. The applicat�t shall provide for review and approval of the City Council an individual water program that neutralizes projected water use for this project. The approved program must be implemented prior to recordation of the parcel map. Monitoring Dep�rtment: Public Works Time Frame: Prior to recordation of the Parcel Map 9. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. Monitoring Department: Parks and Recreation/Building Department Time Frame: Prior to and During Construction 10. Fire Department Impact Fees of $750.00 per lot shall be paid prior to grading or lot recordation, whichever comes first. (Credit shall be given for the house that was demolished.) Monitoring DepaMment: Fire Department Time Fra�ne: Prior to grading or recordation, wllichever comes first. 11. A certified archaeologist shall monitor initial construction activity causing disturbance of the ground due to the moderate possibility that a prehistoric archaeological site may be present in the project area. This monitoring would include mechanical clearing of vegetation, trenching for foundation footings, sewer and water line trenching, grading for roads, general property grading, and related sub-surface disturbances. Monitoring Department: Building Department/Public Works Department Time Frame: During initial construction. Resolution No. 94-1490 Tent�tive Tra��t Map No. 2160 M.I.C.O., Inc. November 15, 1994 Page Four � 12. If any significant cultural features (rniddens, hearths, stone tool production areas, etc.) or burials are discovered during construction monitoring, these archaeological materials will require Phase 3 salvage excavations. The applicant shall pay the costs of all such excavations and studies. Monitoring Department.: Building Department/Public Works Department Time Trame: During construction. 13. 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) st�all be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. All grading and improvement plans shall be noted to reflect this mitigation. Monitoring Dep�rtment: Building Department/Public Works Department Time Frame: Prior to issuance of per►nits for tl�e note, during construction for the balance of the condition. Pl�nning Department Conditions 14. Develop►nent shall conform witl� tl�e MF zoning requirements unless otherwise approved. 15. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exl�ibit B. 16. The developer s1�a11 comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." 17. The developer shall comply witli Development Code Chapter 9-15 "Improvements". All above ground utilities shall be undergrounded. 18. The developer shall comply with all tl�e requirements of Chapter 9-04 of the Development Code, titled "Land Divisions". 19. The soutl�, side yard property line fence sliall be replaced prior to recordation of tlie final map. 20. Prior to recordation of tl�e final map, tl�e applicant shall subn�it a maintenance agreement for the driveways and common areas, for review and approval by the City Attorney. Public Works Department Conditions 21. An improvement plan shall be prepared by a registered civil engineer to the satisfaction of the Director of Public Works prior to the issuance of any permit/approval. The plan shall include, but not be limited to, plan and profile of all required or necessary grading, drainage, utility, and street improvements and shall include such cost estimates, investigations, calculations, fees, and surety as required by the Director. � Resolution No. 94-1490 Tentative Tract Map No. 2160 M.I.C.O., Inc. November 15, 1994 Page Five 22. Curb, gutter and sidewalk improvements shall be provided along the full frontage of the proj ect. 23. All improvement water shall drain to the street. Due to the volume of water that will be flowing over the driveway, use an under-sidewalk drain to convey water from the property to the street. 24. The applicant shall be required to pay drainage fees with building permits or prior to recordation of the tract map. (Fees shall be calculated by the Building Department.) 25. Submit plans for public improvements along Alder Street. Paving section for conformance shall be a minimum of 3 inches Type B A.C. over 6 inches of Class II base. 26. 27 28. 29. All units shall be served with City water and sewer. If the sewer line to the project is a private line, a CC&R for maintenance shall be recorded. Separate water service shall be provided to each unit. Meters shall be located at the street. �. �: A mylar copy of the recorded map shall be provided to the Public Works Department prior to issuance of building permits. Prior to or concurrent with recordation of the parcel map, the applicant shall dedicate a ten foot street tree and public utility easement along the project frontages. Parks And Recre�tion Depai-tment Conditions 30. Hand trenching will be required for any utilities that must be placed under the dripline of existing trees. 31. 32. 33. 34, Pruning of existing Oak trees shall be done by a certified arborist. The developer shall pay current �ark development fees. Include grasscrete or pavers when adjacent to Oak trees (existing) at driveway or parking areas. Provide a 5' high protective fence around existing Oak trees prior to grading and conform to all the conditions of the community tree ordinance, 431 C.S.. Resolution No. 94-1490 Tentative Tract M�p No. 2160 M.I.C.O., Inc. November 15, 1994 ' Page Six Fire Deplrtment Condit.ions 35. All addresses shall be visible at tl�e street prior to issuance of a Certificate of Occupancy. 36. Access shall comply witt� the most recent editions of the State Fire Code. 37. All roofs shall be Class "A". Building Department Condit.ions 38. 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 recordation of the final map or start of construction, whichever occurs first. ' On motion of Commissioner Deviny, seconded by Commissioner Carr, and by the following roll call vote, to wit: AYFS: Commissioners Tappan, Carr, Deviny and Chairperson Keen NOES: None ABSENT: Commissioners Soto and Hatchett the foregoing Resolution was adopted this 15t1i day vf November, 1994. ATTEST: �o.stie�, ��a�.-� � Nancy IIro� , Commission Clerk ��� �•. i� • • . �= • �