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PC R 93-1451� RLSOLUTION NO. 93-1451 A RCSOLUTION OF I'I-1C PLANNING COMMISSION Ol+ TIIE CITY OF ARROYO GRANll� AI'PROVING 'TCNTATiVL+' PARC�L MAP CASL NU. 93-512, LUCATEU AT 1274 ASH STREET, APYLI�D I�'OR IIY M.I.C.O., INC.; ADOI'"I'ING A NEGA'TIVC ll�CLARATION �'VI'I'I MITIGATION M�ASUR�S; AND INSTKUCTING T1IC SECRC'I'ARY TO rILL A NO'1'ICC Or llLTERMINA'1'ION WH�REAS, lhe Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 93-512 in accordance with the Development Code of the City of Arroyo Grande; ancl WII�REAS, the Planning Commission has found that this project is consistent witli the General Plan and the environmental documents associated therewith, and has reviewed the draft Negalive Declaralion with mitigation measures under the provisions of the California �nvironmental Quality Act (CEQA) and WI the I'lanning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed Tentative Parcel Map, design and improvements of this subdivision are consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text ancl the requirements of the Development Code because the General Pla�i designation is Condon�inium/Towiihouse with a maximum density of 9.0 dwelling units per acre, and the applicants are proposing a density oF 6.8 units per acres, and the lot areas, widths, and depths were found appropriate through the Planned Unit Development process. 2. 1'his 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, and setbacks can be provided. . 3. The design of the Tentative Parcel Map or lhe 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 nol conflict with easements acquired by the public at large for access through, or use of, property witliin tl�e proposed 'Tentative Parcel Map or ttiat 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. Resolutioi� No. 93-1451 Tent�t.ive P�rcel M�p C:�se No. 93-512 M.I.C.O., Inc. December 21, 1993 Yage Two 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. 7. Adequate public services and facilities exist or will be provided as the result of the proposed Tentative Parcel map. Dep�rt�nent of Fist� �nd G�me Required I'indings of Exemption 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 93-513 and Tentative Farcel Map Case No. 93-512. 2. Based on the initial study, a negative declaration was drafled for review by the public and review and approval by tl�e Planning Co►nmission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, TII�RCFORG, 13G IT Ri+.SOLV�D that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs lhe secretary to file a Notice of Determination and approves Tentative Parcel Map Case No. 93-512, subject to the above findings and standard conditions of the City and those conditions and mitigations listed below: Gener�l Conditions 1. The applicant shall ascertain and comply with all State, County and City requirements as are applicable to tl�is project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of December 21, 1993 and marked Exhibit "A". 3. The subdivider shall defend, indemnify and hold harmless the City, its agents, ofRcers, and employees, from any claim, action or proceeding brought within the time period provided for in Government Code Section 66499.37, against the Cily 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. � � Resolulion No. 93-1451 Tentative Parcel M�p C�se No. 93-512 M.I.C.O., Inc. December 21, 1993 Page Tl�ree 4. A negative declaratio�i I�as been prepared for tliis project. Mitigation measures are listed as conditions of approval. Said mitigation measures shall be implemented as conditions of approval and shall be monitoreci by appropriate City deparlments and other responsible agencies as indicated by the mitigation measures. The developer sl�all be res�onsible for veriCcation in �vriting by tl�e monitoring dep�rtn►ent ar agency tl�at the mitigatiou �neasures have been i�nplemented. 5. This tentative map approval shall automatically expire on December 21, 1995 unless lhe parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 6. 'I'he applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 93-513. Mitigltiou Measures 7. Prior to recorclation of the Parcel Map, deed restrictions or CC&R's shall be submitted for review and approval of the Planning Department, that infonn 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 llep�rtment: Plaiining Department Tiu�e Frame: Prior to recordation of the Parcel Map. 8. The applicant shalt provide for review and approval by the City Council, an individual water program which will propose mitigating measures to neutralize projected water demand for the project. Projected water demand for this project is 2.0 acre-feet per year. As part of the water program, the Cily Council may adjust projected water demand based upon proposecl waler conservation measures or other factors that decrease use of city water supplies. 1'he approved program must be implemented prior to recordation of the parcel map. Monitoring Dep�rtn�ent: Public Works Time I+r�me: Prior to recordation of the Parcel Map 9. The applicant shall comply with the provisions oF Ordinance 413 C.S., lhe Community Tree Ordinance, and shall comply with the recommendations of tlle project arborist, altached hereto and incorporated herein by reference. Monitoring Depa►•tment: Parks and Recreation/Building Department - T i�ne I'rame: Prior to and During Construction Resolut.ion No. 93-1451 Tent�t.ive Y�rcel M�p Case No. 93-512 M.LC.O., L�c. December 21, 1993 P�ge rour 10. Prior to recordation of the parcel map, the developer shall enter into an agreement with the City, in a form acceptable to the city attorney, whereby the developer agrees, on behalf of himself and his successors in interest, to pay the City a fee of Two Thousand, Six Hundred, Fifty Six Dollars ($2656) per residential unit for three (3 units or other such fee as is currently adopted, for each residential unit prior to issuance of btr}}��ng ��+Es a Certificate of OccupancX or within five (5) years of recordation of the parcel map, whichever comes first. Monitori��g Department: Public Works Time Frame: Prior to Recordation of t}�e Parcel Map 11. Fire Department Impact Fees of $750.00 per lot shall be paid prior to grading. Monitoring llepai-tment: Fire Department 'I'i�ne Fr��ne: 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 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 improvement plans shall be noted to reflect tl�is mitigation. Monitoring Dep�i-tment.: Building Department/Public Works Department Time FraEne: Prior to issuance of permits for the note, during construction for tl�e balance of t{�e condition. Arcliitectur�i Advisory Committee Co��diiions 13. Prior to recordation of the parcel map, the applicant shall provide some type of restriction, subject to planning slaff review and approval, to prevent �arking in lhe turn arounds at the rear of the property. Said restriction shall be recorded concurrently with tlie Parcel Map. Planni��g Department. Conditioi�s l4. Development shall conform wich the MF zoning requirements unless otherwise approved. 15. SetUacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exhibit "B". 16. The developer shall comply with llevelopment Code Chapter 9-14, "Dedications, Fees and Reservations." 17. The developer shall comply with Development Code Chapler 9-15 "Improvements". All above ground utilities shall be undergrounded. ltesolulion No. 93-1451 Te»t�tive Paccel Map Case No. 93-512 M.I.C.O., Inc. December 21, 1993 P�ge Tive 18. The developer shall comply with all tlie requirements of Chapter 9-04 of the Development Code, titled °Land Divisions". 19. Concurrent with recordation of tlie Parcel Map, tlle applicant sl�all record a maintenance agreement, subject to review and approval of the City Attorney, for the common driveway, common fences and any other common facilities. 20. All planted areas sl�all be separated from tl�e driveway and parking areas by concrete curbs. Exceptions mav be provided subj to review and a of the Plannin Director. 21. The rear property line fence shall be repaired or replaced prior to recordation of the parcel map. Public Worlcs Department Conditions 22. 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, all required or necessary grading, drainage, utility, and street improvements and shall include such cost estimates, investigations, calculations, fees, and surety as reyuired by the Director. 23. Curb, gutter and sidewalk improvements shall be provided along the full frontage of the project. 24. Drainage shall be retained on site to lhe extent determined to be reasonable by the Director of Public Works.- with concurrence of the Director of Parks and Recrealion to ensure protection of tl�e Oak trees ��--�elepHefl�is�bttEie�t��-sefr+fee-� �fles-s�ia�-be-tt�de�g�ea �de�-e�-�4-st�--SE�ee�- ;�j '�::;>:;.;>::.>::>;':'::::�;;` >:<;:;:;:<:::;;:; <;;;;>,;<::>:::»::;;;:;:>,<>:;...>;;�:;»<;::.:»:::;:><::;:::::�>:»:;::;:> . ,...,:;, ., . .leted by 1'Ir�t��iflz� C��r���1rsst�� �5�� er1t��Lrtct�it �ll �,� : Parks �ud Recrealion llepartment Couditions � 26. Landscape and irrigation shall be in substantial conformance with the landscape �and irrigation plans included as part of Exhibit "B". 27. The developer shall pay park development fees of $1,252 per unit on 4 units. rire Department Conditious 28. rire Access: Tt�e driveway starling at tl�e slreet and co�itinuing to tlie first oak tree sliall be designated as a"Fire Lane" and signed per Police Department guidelines. � Resolution No. 93-1451 Tentative P�ccel M�p C�se No. 93-512 M.I.C.O., Inc. December 21, 1993 P�ge Suc �� 30. 31. All addresses sliall be visible fro►n the street. All houses shall have Class A roofs. Approved fire hydrants must be provided every 300 feet with a minimum flow of 1000 GPM. Building Department Coaiditions 32. All pre-existing non-conforming items such as wells, underground tanks, septic systems, pipes, and etc. shal( be properly abandoried pursuant to applicable agency standards, prior to recordation of the final map or start of construction, whichever occurs first. 3 3 :��efine�}Het� -��H�eqt+ir�-€e�r�y-s��e�tt�eg-en-sf��i�-�l�e-�}e�e�Her�-perrt�i� �ess�� �e-��+�� i n g-�� �s--s ha 11-ge-�e� ewed: . ....:.. :::»>:::::>;�::>:::: �::::>,.:.>:>:::;::::><::>;:;:;:»;;:::>::><;> ���et��:>�.� �`l���nr,�,�. <�a�,:�7�rssca,�:. On motion of Commissioner Soto, seconded by Com►nissioner Tappan, and by the following rol( call vote, to wit: AY�S: NOES: A�srNZ Comit�issioners Tappan, Soto, Reilty, Halchett and Chairman Carr None Cotnmissioners Deviny and Keen the foregoing Resolulion was adopted tliis 21st day of December, 1993. ATT�ST: ..� Nancy }3r n, Commission Clerk /-�/, Robert W. Carr, Chairman I � �