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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. 3��0_0 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 3�0`�1 3�0�2 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. _-, � g � ,�„ �� � � _ 3� 0 �. y A • 'i' ���i � f�� �'✓21 y�� r �' `,. + � � � � ti � . , _� ..N � `1 , . � 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. � 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: � Nancy Bro n, Commission Clerk 3� 0: �: � /anl� l� � c