PC R 93-14102 9��
RESOLUTION NO. 93-1410
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
TENTATIVE TRACT 2109, LOCATED AT 1385 BRIGHTON
AVENUE, APPLIED FOR BY MERILEE PECK-NEWDOLL
ADOPTING A NEGATIVE DECLARATION; AND
INSTRUCTING THE SECRETARY TO FILE A NOTICE OF
DETERMINATION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Tract 2109 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
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA) and determined that a Negative Declaration with
mitigation measures can be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
1. The proposed Tentative Tract Map, design and improvements of this subdivision are
consistent with the goals, objectives, policies, plans, programs, intent, and requirements
of the Arroyo Grande General Plan map and text and the requirements of the
Development Code because the General Plan designation is Single Family with a
maximum density of 4.5 dwelling units per acre, and the applicants are proposing a
density of 3.9 units per acre, and the lot widths, and depths meet the requirements of the
Development Code. The lot areas do not meet the requirements of the Development
Code, but a variance has been approved for the an exception from this requirement.
2
3.
This site is physically suitable for the proposed type of development because the property
is zoned for single family residences and the proposed lots provide adequate homesites.
This site is physically suitable for the proposed density of development because all
necessary easements, parking, drainage facilities, and setbacks can be provided.
4. 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. A negative declaration has been adopted that contains measures
to reduce impacts to insignificant levels. .
5. The proposed design of the subdivision or proposed improvements are not likely to cause
public health problems.
6. The design of the Tentative Tract 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.
7. 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.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed Tentative Tract Map to support project development.
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Resolution No. 93-1410
Tentative Tract 2109
Merilee Peck-Newdoll
March 16, 1993
Page Two
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 Tentative Tract Map Case
No. 2109.
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 with mitigation measures, instructs the
secretary to file a Notice of Determination and approves Tentative Tract 2109, 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 March 16, 1993 and marked "Exhibit A".
3. The applicant shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, or in
the alternative, to relinquish such approval. The applicant shall reimburse the City, its
agents, officers, or employees, for any court costs and attorney's fee's which the City,
its agents, officers or employees may be required by a court to pay as a result of such
action. The City may, at its sole discretion, participate at its own expense in the defense
of any such action but such participation shall not relieve applicant of his/her obligations
under this condition.
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 verification in writing by the monitoring department or agency that the
mitigation measures have been implemented. The tract map cannot be recorded until
the Public Works Department has veriCed that the mitigation measures have been
implemented.
5. This tentative map approval shall automatically expire on March 16, 1993 unless the final
map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the
Development Code.
Mitigation Measures
6. 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 (549-4513) 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 this mitigation.
Time Frame: During grading, construction or development of the project.
Responsible Department/Agency: Building Department
Resolution No. 93-1410 _
Tentative Tract 2109
Merilee Peck-Newdoll
March 16, 1993
Page Three
7. All new 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 etcetera. All water conserving designs and fixtures
shall be installed prior to final occupancy. .
Time Frame: Prior to final occupancy
Responsible Department/Agency: Building Department .
8. The applicant shall provide for review and approval by the City Council, an individual
water program which will propose measures to neutralize projected water demand for the
project. The approved program must be implemented prior to recordation of the final
map.
Time Frame: Prior to recordation of the final map.
Responsible Department/Agency: Public Works Department
9. Construction activities shall only occur between the hours of 7:00 am and 6:00 pm
Monday through Saturday.
Time Frame: During construction
Responsible Department/Agency: Public Works for Tract Improvements, Building
Department for construction of individual homes.
10. Prior to the start of grading, when deemed feasible by the Director of Parks and
Recreation, any tree designated to be removed shall be carefully dug and boxed by an
experienced company or individual approved by the Director of Parks and Recreation,
and set aside and replanted elsewhere on the site when grading is complete. The
developer shall provide a three (3) year, $5000.00 bond to guarantee survival of the
transplanted trees.
For any tree permanently lost, three replacement trees shall be planted in a location
approved by the Director of Parks and Recreation or a 24 inch box tree shall be planted
on each lot. In lieu of planting replacement trees, the applicant may pay a standard fee
to the City for planting trees off-site.
Time Frame: Prior to the start of grading
Responsible Department/Agency: Parks and Recreation Department
11. The indication of basins on the preliminary grading plan is one option for the handling
of runoff; others are explored by San Luis Engineering's letter of December 10 (attached
hereto and incorporated herein). The impact of basins upon the stability of the existing
retaining wall would not have been raised by Public Works, but since it has been raised
by Planning as an issue and since at this time it appears that verification of the wall's
design considerations is not available, it is quite likely that the option of conveying runoff
directly to public facilities will be pursued.
In the event of basins, their maintenance by the homeowners will be necessary. (The
formation of such an association will be necessitated by the proposed easement for a
common sewer lateral to Courtland.) In the event of direct conveyance of runoff to
public facilities, downstream improvements would appear to be warranted.
Time Frame: Prior to recordation of the Final Map
Responsible Department/Agency: Public Works Department
12. 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 One Thousand,
Nine Hundred, Ninety Two Dollars ($1992.00) per residential unit plus an inflation
adjustment based upon the Engineering News Record (ENR) index rate per year, to be
paid for each residential unit prior to issuance of building permits or within five (5) years
of recordation of the parcel map, whichever comes first.
Time Frame: Prior to recordation of the Parcel Map.
Responsible Department/Agency: Public Works Department
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Resolution No. 93-1410
Tentative Tract 2109
Merilee Peck-Newdoll
March 16, 1993
Page Four
13. The maximum elevation of the highest point of the coping of a flat roof or the deck line
of a mansard roof, or to the highest point of the highest gable of a pitch roof or hip roof
constructed on lots 1 through 4 shall not exceed 146.70 feet. For lots 5 through 8, the
maximum elevation of the highest point shall not exceed 148.50 feet. Concurrent with
recordation of the parcel map, the applicant shall record a deed restriction for each lot
noting this maximum elevation.
Time Frame: Concurrent with recordation for the deed restriction, prior to
issuance of building permits for the construction elevation.
Responsible Department: Planning Department for the deed restriction, Building
Department for the construction elevation.
Planning Department Conditions
14. Development shall conform with the SF (Single Family) zoning requirements unless
otherwise approved.
15.
16.
Prior to recordation of the final map, the applicarit shall remove the existing structures
on the property. NOTE: A demolition permit is required, see condition number 30.
Prior to recordation of the final map, the developer shall install wood or other fences
approved by the Planning Director on the exterior boundaries of the property.
Public Works Department Conditions �
17. Prior to or concurrent with recordation of the final map, the developer shall dedicate
street tree and public utility easements along the project's street frontages.
18.
19.
20.
21.
Prior to or concurrent with recordation of the final map, the developer shall dedicate
water rights within the subdivision to the City.
All public works improvements not installed prior to recordation of the final map shall
be bonded by the developer.
All parcels shall have City water and sewer services.
Prior to recordation of the final map, the applicant shall have prepared a grading,
drainage, and erosion control plan for review and approval of the City Engineer.
22. All improvement plans shall be prepared by a registered civil engineer, licensed in the
State of California, and shall be approved by the City Engineer prior to recordation of
the final map. Improvement plans shall include, but are not limited to, grading, street,
drainage, sewer, water, and appurtenant improvements. As required, the plan submittal
shall include construction cost estimates, plan check fees, soil reports, and all other
pertinent engineering design calculations.
23. "Standard Specifications for Public Works Construction", latest edition, and the latest
edition of the "Standard Plans for Public Works Construction", as amended by the City,
shall be the project specifications, except as noted otherwise on the approved
improvement plans.
24. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70
of the Uniform Building Code, and/or as recommended by the soils report with prior
review and approval of the City Engineer.
25. It is the contractor's responsibility to control dust and erosion throughout the construction
operation. This includes dust arising from the transport of grading materials to or from
the construction site. The developer or his agents or employees shall be responsible for
removal and clean-up of any spill on public streets during the construction operation.
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Resolution No. 93-1410
Tentative Tract 2109
Merilee Peck-Newdoll
March 16, 1993
Page Five
26. A registered civil engineer, licensed in the State of California shall assure that the
construction work conforms to the approved improvement plans and specifications, as
well as providing certified as-built plans after project completion, but prior to final
occupancy.
27.
:
Prior to recordation of the final map, the applicant may be required to install a street
lights to PG&E standards.
Prior to recordation of the final map, the applicant shall pay applicable drainage fees.
Building Department Conditions
29. Prior to recordation of the final map, the applicant shall properly abandon all
nonconforming wells, tanks, pipes and other nonconforming appurtenances on the
property.
30. Prior to demolition of the existing house, the applicant shall apply for a demolition
permit and provide verification of all existing building credits.
Parks And Recreation Department Conditions
31. Prior to recordation of the final map the developer shall pay street tree fees.
32.
33.
Prior to recordation of the final map the developer shall pay park development fees.
The developer shall comply with all the provisions of Ordinance 431 C.S..
Fire Department Conditions
34. Approved fire hydrants must be provided per Fire Department requirements, prior to
framing or recordation of the final map, whichever comes first.
35.
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37
Street grades may prohibit effective truck company operations. If a 6% grade is
exceeded, then residential fire sprinklers will be required.
Fire Department Impact Fees of $750.00 per lot are required prior to grading or
recordation of the final map, whichever comes first.
Approved access road must be in place prior to framing.
Police Department Conditions
38. Brighton Avenue shall be fully developed to City Standards along the project frontage.
On motion of Commissioner Tappan, seconded by Commissioner Hatchett, and on the fo�lowing
roll call vote, to wit:
AYES: Commissioners Tappan, Reilly, Deviny, Hatchett and Chairman Soto
NOES: None
ABSENT: Commissioners Carr and Moore
the foregoing Resolution was passed and adopted this 16th day of March, 1993.
ATTEST:
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Nancy Bro n, Commission Clerk
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