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PC R 93-1440RESOLUTION NO. 93-1440 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARC�L MAP CASE NO. 93-508, LOCATED AT 495 GRAND AVENUE, APPLILD FOR BY JAMES WOODHALL; ADOPTING A N�GATIVE DECLARATION; AND INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION WHEREAS, the Planning Commission of t1�e City of Arroyo Grande has considered Tentative Parcel Map Case No. 93-508 in accordance with the Development Code of the City of Anoyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and determined that a Negative Declaration can be adopted; and WHEREAS, the Planning 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 and the requirements of the Development Code. 2. This site as shown on tt�e 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 the proposed improvements are not likely to cause substantial and considerable damage to the natural environment, including fisl�, 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 the public at large for access through, or use of, property within the proposed Tentative Parcel 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. � �, L� Resolution No. 93-1440 Tentative Parcel Map Case No. 93-508 James Woodhall November 2, 1993 Page Two 7. Adequate public services and facilities exist or will be provided as the result of the proposed Tentative Parcel map. No increase in the number of dwelling units is being proposed. Department of Fish and Game Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Parcel Map Case No. 93- 508. 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 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 on the habitat upon which the wildlife depends as a result of development of this project. � � NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration, instructs the secretary to file a Notice of Determination and approves Tentative Parcel Map Case No. 93-508, subject to the above findings and those conditions listed below: General Conditions 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 the - Planning Commission at the meeting of November 2, 1993 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 defence thereof. 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 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 the mitigation measures have been implemented. Resolution No. 93-1440 Tentative Parcel Map Case No. 93-508 James Wooclliail November 2, 1993 Page Three 5. This tentative map approval shall at�tomatically expire on November 2, 1995 unless the parcel map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. 6. For any act, improvement or obligation required herein as a condition of approval that is not completed or otherwise satisfied prior to recordation of the parcel map the applicant shall comply with Chapter 9-15 of the Development Code regarding "Improvement Agreements" and "Improvement Security" . Mitigat.ion Measures 7. No grading, trenching, or construction shall occur on parcel 1 without prior review and approval by the City of Arroyo Grande. In considering whether to grant such approval, the city shall assess the likelihood of disturbance of archaeological resources. In some cases this may be done by city staff, in other cases the city may determine that the applicant must provide archaeological studies and/or mitigation measures. Time Frame: Prior to any grading, trenching, or construction on parcel 1. Responsible Department/Agency: Building/Planning/Public Works Departments Planning Department Conditions 8. Development shall conform with the HC (Highway Commercial) zoning requirements unless otherwise approved. 9. The Developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations". � 10. The Developer shall comply with Development Code Chapter 9-15, "Improvements". 11. Concurrent with recordation of the parcel map, an access easement across parcel 1 in favor of parcel 2 shall be recorded. 12. Prior to recordation of the parcel map, a joint maintenance agreement for the access easement shall be submitted for review and approval by the City Attorney. The joint maintenance agreement shall be recorded. 13. Prior to recordation of the parcel map, the applicant shall have the illegal wall sign removed from the Jiffy Lube building. Parks and Recreation Conditions 14. Prior to recvrdation of the parcel map, the applicant shall plant shrubs around the base of the Jiffy Lube monument sign to the satisfaction of the Director of Parks and Recreation. � � Resolution No. 93-1440 Tentative Parcel Map Case No. 93-508 James Woodhall November 2, 1993 Page Four Public Works Department Conditions 15. Prior to recordation of the parcel map, the applicant shall remove the westerly project driveway that is shown intersecting the proposed lot line. 16. Any lifted, broken, or cracked curb, gutter or sidewalk shall be removed and replaced prior to recordation of the parcel map. 17. Prior to recordation of the parcel map, the applicant shall address drainage of proposed parcel2 to the satisfaction of the Director of Public Works. This may require dedication of an easement across proposed parcel 1. 18. The applicant shall underground utilities, including the overhead crossing of Grand Avenue, at time of development of Parcel l. Prior to recordation of the parcel map, the applicant shall comply with Chapter 9-15 of the Development Code regarding "Improvement Agreements" and "Improvement Security". Building Department Conditions 19. Prior to recordation of the parcel map, the applicant shall relocate all utilities for each parcel wholly onto their respective parcel. Easements will be required for any utilities that must cross a parcel to service another parcel. Police Department Conditions 20. No additional driveways shall be allowed onto Grand Avenue. The intent of this condition is to allow one driveway per parcel onto Grand Avenue. On motion of Commissioner Deviny, seconded by Commissioner Keen, and on the following roll call vote, to wit: y .. AYES: Commissioners Deviny, Keen and Vice Chairman Tappan .. NOES: . Commissioners Soto and Reilly ABSENT: Commissioner Hatchett and Chairman Carr the foregoing Resolution was passed and adopted this 2nd day of November, 1993. ATTEST: � .: Nancy Brown, ommission Clerk illiam Tap a, Vice Chairman I �