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PC R 93-1407RESOLUTION NO. 93-1407 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CASE NO. 92-507, LOCATED AT 1101 HUASNA ROAD, APPLIED FOR BY BOB BOWEN; ADOPTING A NEGATIVE DECLARATION; AND INSTRUC�'ING THE SECRETARY TO FII,E A NOTICE OF DETERr�TATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 92-507 in accordance with the Development Code of the City of Anoyo Grande; and � WIiEREAS, 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 under the provisions of the California Environmental Quality Act (CEQA); 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. The General Plan designation is Residential Suburban with a maximum density of 2.5 dwelling units per acre, and the applicants aze proposing a density of 1.25 units per acre, The lot areas, widths, and depths meet the requirements of the Development Code. 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, 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 provided the mitigation measures adopted as conditions of approval are implemented. 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. 7. Adequate public services and facilities exist or will be provided as the result of the proposed Tentative Parcel Map. DEPARTMENT OF FISH AND GAME REQUIltED FINDINGS 1. The City of Anoyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Parcel Map Case No. 92- 507. 2. Based on the initial study, a negative declaration was prepared for review by the public an review and approval by the Planning Commission. Resolution No. 93-1407 Tentative Parcel Map Case No. 92-507 Bob Bowen ' February 16, 1993 Page Two 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 RFSOLVED 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 Parcel Map Case No. 92-507, subject to the above findings and the following conditions of approval: CONDITIONS FOR APPROVAL: 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 7anuary 19, 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 parcel 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 January 19, 1995 unless the parcel 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 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 of any new buildings on site Responsible Department/Agency: Building Department .2t9�3 �2�9:4 Resolution No. 93-1407 Tentative Parcel Map Case No. 92-507 Bob Bowen February 16, 1993 Page Three 8. The applicant shall provide for review and approval by the City Council, a�i 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 parcel map. Time Frame: Prior to the recordation of the parcel map. Responsible Department: Public Works Department 9. The applicant shall provide for review and approval by the Director of Public Works, an engineered grading, drainage and erosion control plan. Time Frame: Prior to recordation of the parcel map. Responsible Department: Public Works Department 10. Construction activities shall only occur between the hours of 7:00 am and 6:00 pm Monday through Saturday. Tune Frame: During construction Responsible Department: Public Works for Tract Improvements, Building Department for construction of individual homes. 1 l. 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) 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: Public Works Department. 12. 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 or hip roof constructed on parcels 2, 3, or 4 shall not exceed 213.0 feet. Concurrent with recordation of the parcel map, the applicant shall record a deed restriction on parcels 2, 3, and 4 noting this maximum elevation. Time Frame: Prior to recordation for the deed restriction, prior to issuance of building permits for the construction elevation. Responsible Department: Public Works for the deed restriction, Building Department for the construction elevation. Planning Department Conditions 13. Development shall conform with the RS (Residential Suburban) zoning requirements unless otherwise approved. 14. The �pplicant shall construct a wood fence along the west exterior boundary of the property in accordance to Section 9-10.070 of the Development Code prior to recordation of the parcel map. 15. 16. Any fence or wall constructed along Huasna Road will be subject to review and approval by the Planning Director. The applicant shall provide, or pay a fee for striping bicycle lanes along the Huasna Road project frontage if not installed per Prop 116 funding. 17. 2400 square feet of each individual parcel must remain in a natural state, i.e. no grading or filling may occur. Concunent with recordation of the parcel map, the applicant shall record a deed restriction on parcels 1 through 4 noting this requirement. 2� 9:5 Resolution No. 93-1407 Tentative Parcel Map Case No. 92-507 Bob Bowen February 16, 1993 Page Four Public Works Department Conditions 18. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform Building Code. 19. The developer shall provide curb, gutter, and sidewalk along the entire frontages of parcels 1, 2, 3 and 4 prior to recordation of parcel map. 20. Prior to recordation of the parcel map, the applicant shall construct a driveway from the cul-de-sac road to the residence on the remainder and eliminate the existing access. No additional driveways shall be installed from Huasna Road to the remainder unless approved as part of a subdivision of the remainder. 21. Deleted Parks and Recreation Conditions 22. The developer shall pay all standard park development fees prior to recordation of parcel map. 23. The developer shall pay street tree fees prior to recordation of parcel map. Building Department Conditions 24. Prior to recordation of the parcel map the applicant shall properly remove or abandon all non-conforming items such as septic tanks, water tanks, wells, pipes, and so forth on parcels 1 through 4. Fire Department Conditions 25. Fire and life safety impact fees of $750 per lot are due prior to grading or parcel map recordation, whichever comes first. 26. 27. 28. 29. 30. Approved fire hydrants shall be provided per Fire Department requirements prior to framing or recordation of the parcel map, whichever comes first. Residential fire sprinklers will be required in all residences due to the grade of street, resulting in the inability to use Fire Department truck company. Class A roofs shall be required in all residences due to the fire interface area. Conditions 27 and 28 shall be recorded as deed restrictions on parcels 1-4 with recordation of the parcel map. Approved access road must be in place prior to framing. On motion by Commissioner Can, seconded by Commissioner Deviny, and by the following roll call vote, to wit: AYES: Commissioners Deviny, Hatchett, Carr, Reilly and Chairman Soto NOES: Commissioners Moore and Tappan ABSENT: None the foregoing Resolution was adopted this 16th day of February, 1993. ATTEST: Nancy Brow Commission erk o n t, airman