PC R 94-1464RTSOLUTION NO. 94-1464
A RrSOLUTION OF TIIE PLANNING COMMISSION OF
TIIE CITY OF ARROYO GRAND� APPROVING
TENTATIVE PARCEL MAP CASE NO. 94-517, LOCATED
AT 295 SPRUCE STREET, APPLIrD FOR I3Y KEVIN
IIUNSTAD, INC.; ADOPTING A NEGATIVE
DECLARATION WITII MITIGATION MEASURF.S; AND
INSTRUCT.ING TIIC SECRrTARY TO FILE A NOTICE OT
DETERMINATION
WHER�AS, the Planning Commission of the City of Arroyo Grande has considerecl
Tentative Parcel Map Case No. 94-517 in accordance with the Development Code of the City
of Arroyo Grande; and
WHCR�AS, 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
WIi�R�AS, the Planning Commission finds, after due study, deliberation and puUlic
hearing, the following circumstances exist:
1. The proposed Tentative Parcel Map, design and improvements of tl�is subdivision are
consistent with the goals, objectives, policies, plans, programs, intent, and requirernents
of the General Plan map and text and the requirements of tl�e Development Code because
the General Plan designation is Condominium/Townhouse witf� a maximum density of
9.0 dwelling units per acre, and the applicants are proposing a density of 7.35 units per
acres, and tl�e lot areas, widths, and depths were found appropriale through the Planned
Unit Development process.
2. This site as shown on the tentative parcel map, is physically suitable for the proposed
type and density of development because all necessary easements, parking, drainage
facilities, open space, and setbacks can be provided.
3. The design of the Tentative Parcel 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 proposed 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 tlie public at large for access through, or use of, property
within the proposed Tentative Parcel Map or tf�at alternate easements for access or for
use will be provided, and that ti�ese alternative easements will be substantially equivalent
to ones previously acquired by tlie public.
Resolution No. 94-1464
Tentative Parcel Map Case No. 94-517
Kevin I L�c.
M�rcli 1, 1994
Page 2
6. The discharge of waste from tt�e proposecf subdivision into an existing com►nunity sewer
system will not result in violation of existing req�iirements a prescribed in Division 7
(commencing witli Section 13000) of tl�e California Water Code.
7. Adequate,public services and facilities exist or will be provided as tl�e result of the
proposed Tentative Parcel map.
Department of Fish and Game Required Tindiugs
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of
the Guidelines of lhe California Environmental Quality Act for Parcel Map Case No. 94-
517 and Conditional Use Permit Case No. 94-517.
2. Based on the initial study, a negative declaration was prepared for review by the public
an review and approval by the Planning Commission.
3. After holding a public hearing pursuant lo State and City Codes, and considering the
record as a whole, the Planning Commission adopted the negative declaration and found
that tl�ere is no substantial evidence of any significant adverse effect, either individually
or on the habitat upon whicl� the wildlife depends as a result of development of this
project.
NOW, T1��REFORE, BE IT RESOLVTD t1�at the Planning Commission of the City of
Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs ttie
secretary to file a Notice of Determination and approves Tentative Parcel Map Case No. 94-517,
subject to the above findings and standard conditions of the City and tl�ose conditions and
mitigations listed below:
General Conditio��s
1. The applicant sl�all ascertain and comply with all State, County and City requirements
as are applicable to this project.
2. Development shall occur in substantial conformance witl� the plans presented to tl�e
Planning Commission at the meeting of March 1, 1994 and marked "Exhibit A".
3. 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 the defense thereof.
I
J
ltesolution No. 94-14G4
Tentati��e P�rcel M�p C�se No. 94-517
ICevin ��Iunst�d, Iiic.
March 1, 1.994
Page 3
4. A negative 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 sl�all be monitored by appropriate City departments and other responsible
agencies as indicateci by tlie mitigation measures. The developer sl�all Ue respo��sible
for veritication in writiug by the monitoring dep�trt.rnent or agency that t.l�e
mitigation measures have been irnplement.ed.
5. This tentative map approval sliall automatically expire on March 1, 1996 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. 94-517.
Mit.igation Measures
7. Prior to recordation of tl�e Parcel Map, deed restriclions or CC&R's sl�all be submitted
for review and approva( 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 Department: Planning Department
Time Frame: Prior to recordation of the Parcel Map.
8. The applicant lias provided an individual water progra►n that was approved by the City
Council on February 22, 1994. Tl�e approved program must be implemented prior to
recordation of the parcel map.
Monitoring Deps�► Public Works
Time Frame: Prior to recordation of the Parcel Map
9. The applicant shall comply with the provisions of Ordinance 431 GS., the Community
Tree Ordinance, and shall comply with the recommendations of the project arborist,
„ attached hereto and incorporated herein by reference.
Monitoring Deplrtment: Parks and Recreation/Building Department
Time Frame: Prior to and During Construclion
10. Prior to recordation of the parcel map, the developer shall enter into an agreement with
the City, in a form acceptable to tl�e city attorney, whereby the developer agrees, on
behalf of himself and his successors in interest, to pay the City a fee of Four Hundred,
Three Dollars and Sixty Six Cents ($403.66) per.residential unit or otlier such fee as is
currently adoptecl, for each residenlial unit prior to issuance of building permits or within
five (5) years of recordation of the parcel map, whichever comes first. (Credit for the
existing house I�as been applied to lower the fee from tl�e standard fee of $538.22 per
residential unit.)
Monitoring llepai Public Works
Time Frame: Prior to Recorclation of the Parcel Map
Resolation No. 94-1464
Tentative Parcel Map Cnse No. 94-517
Kevin IIunstad, L�c.
M�rch 1, 1994
Page 4
11. Fire Department Impact Fees of $750.00 per lot sl�all be paid prior to grading. (Creciit
shall be given for the existing I�ouse.)
Monitoring Department: Fire Department
Ti�ne Fr�ine: Prior to grading
12. 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 lhe resources for their significance. If human burials are encountered, tt�e
County Coroner (781-4513) shall be contacted immediately. The applicant may be
required to provide arcl�aeological studies and/or miligation measures. All grading and
improvement plans shall be noled to reflect this mitigation.
Monitoring Department: Building Department/Public Works Department
Time Tra►ue: Yrior to issuance of pennits for the note, during construction for
tl�e balance of tl�e condition. �
Pl�nning Department Conditions
13. Development st�all conform wit}� tl�e MF zoning requirements unless otherwise approved.
14.
15.
16.
17.
18.
Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans,
Exhibit A.
The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations."
The developer shall comply with Development Code Chapter 9-15, "Improvements". All
above ground utilities shall be undergroundeci. .
The developer shall comply with all the requirements of Chapter 9-04 of the
Development Code, titlecl "Land Divisions". .
The north, side yard property line fence st�all be repaired or replaced prior to recordation
of the parcel map.
I'ublic Works Department Conditions
19. An improvement plan shall be prepared by a registereci civil engineer to the salisfaction
of the Director of Public Works prior to tl�e issuance of any permit/approval. The plan
shall include, but not be limited to, all required or necessary grading, drainage, utility,
and street improvements and sha(1 include such cost esti►nates, investigations,
calculations, fees, and surety as required by the Director.
20. Curb, gutter and sidewalk improvements sl�all be provided along the full fronlage of tl�e
project.
Resolution No. 94-14G4
Teutative Parcel Map Case No. 94-517
ICevin Hunstad, Inc.
Marcl� 1, 1994
P�ge 5
21.
22.
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24.
25.
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27.
28.
Drainage shall be retained on site to the extent determined to be reasonabl.e by the
Director of Public Works.
A mylar copy of tl�e recorded map shall be provided to the Public Works Department
prior to i$suance of building permits.
Prior to or concurrent with recordation of the parcel map, tlie applicant shall dedicate one
foot for street widening along Spruce Street.
Prior to or concurrent with recordation of tlie parcel map, tl�e applicant sl�all dedicate a
ten foot street tree ancl public utility easement along the project frontages.
The applicant st�all provide a 30 foot radius curb return with handicap ramp at the corner
of Ash and Spruce Streets.
Tt�e applicant shali construct a spandrel and cross-gutter at the corner of Ash and Spruce
Streets.
Prior to recordation of the parcel map the applicant shall pay applicaUle drainage fees.
Prior to recordation of the parcel map, the appiicant shall install street lights as required
to PG&E standards.
Parks and Recreation Departmeiat Conditions
29. Landscape and irrigation shall be in suUstantial conformance witt� the landscape and
irrigation plans included as part of Exhibit A.
30. The developer shall pay park development fees of $1,252 per unit on 3 units, prior to
recordation of the parcel map. (Creclit is given for the existing house.)
Fire Department Condit.ions
31. All houses shall have Class A zoofs.
32. Approved fire l�ydrants must be provided every 300 feet with a rninimum flow of 1000
GPM.
Building Department Condit.ions
33. All pre-existing non-conforming items sucl� as wells, underground tanks, septic systems,
pipes, and etc. shall be properly abandoned pursuant to applicable agency standards,
prior to recordation of the final rnap or start of construction, whichever occurs f'irst.
34 A demolition permit is required for any strtictures on site.
Resolution No. 94-1464
Tentative Parcel M�p Case No. 94-517
Kevin �Iunst.�d, Inc.
Marcl� 1, 1994
Page 6
�
On motion of Commissioner Soto, secondecl by Commissioner Hatchett, and by the
following roll call vote, to wit:
AYFS: Commissioners Tappan, Soto, Reilly, Hatchett, Keen, and Chairman Carr
NO�S: None
ABS�NT: Commissioner Deviny
the foregoing Resolution was adopted tl�is 1 st day of Marcl�, 1994.
ATTEST:
Nancy Bro , Comrnission Clerk
,
Robert W. Carr, Chairman
a