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PC R 92-1398�. > 273� RFSOLUTION NO. 92-1398 A RESOLUTION OF T�IE PLANNING CONIlVIISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CASE NO. 92-505, LOCATED AT 154 AND 200 TRAFFIC WAY, APPLIED FOR BY DAVID HAYERTZ; ADOPTING A NEGATIVE DECLARATION; AND INSTRUCTING THE SECRETARY TO FII.E A NOTICE OF DETERII�IINATION WHEREAS, the Planning Commission of the City of Anoyo Grande has considered Tentative Pazcel Map Case No. 92-505 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 is consistent with the goals, objectives, policies plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any Specific Plan, and the requirements of Title 9 with the exception to the requirements for minimum lot width and lot area. A Variance has been approved for these deviations. 2. 3. The site is physically suitable for the type of development proposed because all required landscape areas, parldng and setbacks can be provided for the individual parcels. The site is physically suitable for the proposed density of development as no more structures will be added to the site. 4. The design of the Tentative Parcel Map or the proposed improvements are not likely to cause substandal damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. 6. The design of the Tentative Parcel Map or the type of improvements will not conflict with easements acquireti by the public at large for access through, or use of, property within the proposed Tentative Parcel Map. 7. Adequate public services and facilities exist to support the project. The property is fully developed and no additional public services will be required if the project is approved. Department of Fish and Game Required Findings 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15p63 of the Guidelines of the California Environmental Quality Act (CEQA), for Tentative Parcel Map Case No. 92-505 and Variance Case No. 92-167. 2. Based on the initial study, a negative declaration was drafted for review by the public and 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-r�o. 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. 274, Resolution No. 92-1398 Tentative Parcel Map Case No. 92-505 David Hayertz December 15, 1992 Page Two NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Anoyo Grande hereby adopts a negative declaration, instructs the secretary to file a Notice of Determination and approves Tentative Parcel Map Case No. 92-505, subject to the above findings and those conditions listed below: General Conditions � l. 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 December 15, 1992 and marked "Exhibit A". 3. The applicant shall agree to defend at his/her own expense any action brought against the City, its agents, officers, or employees because of the issuance of this approval, or in the alternative, to relinquish 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, parkicipate at its own expense in the defense of any action but such participation shall not relieve the applicant of his/her obligations under this condition. 4. All 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 hot water heaters or hot water recirculating systems, drip imgadon with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to occupancy. 5. This application shall automatically expire on December 15, 1994 unless the parcel map is recorded. Thirty (30) days prior to expiration of the approval, the applicant may apply to the Planning Commission for an extension of one (1) year from the original date of expiration. Planning Department Conditions 6. Development shall conform with the GC D-2.11 zoning requirements unless otherwise approved. 7. Signage shall be subject to the requirements of Chapter 9-13 of the Development Code. All banners shall be removed from the fence of proposed pazcel 2 prior to recordation of the parcel map. 8. Prior to recordation of the parcel map, the applicant shall remove the northwestern driveway for proposed parcel 2 and replace it with curb, gutter and sidewalk. 9. Prior to recordation of the parcel map, the applicant shall construct and plant a 15 foot wide landscaped strip between the front property line and the parking area of proposed parcel2. Within that landscaped strip, the applicant shall construct a three foot (3') high wall, berm, or combination wall and berm to screen the parking area. 10. Prior to recordation of the parcel map, the applicant shall submit a pazldng plan for proposed parcel 2, providing a minimum of 14 parking spaces, including handicapped -,.,,:...; �_ sp�ces„for- and approval of the Planning Director. The pazking plan shall include ....� lar�dscap;ed areas wit}� a mini�mum width of four feet (4') between parlcing areas and side property lines. The parking lot and landscaped areas shall be fully constructed prior to recordation of the parcel map. Resolution No. 92-1398 Tentative Parcel Map Case No. 92-505 David Hayertz December 15, 1992 Page Three Public Works Department Conditions 11. Prior to recordation of the parcel map, the applicant shall replace any broken curb, gutter, or sidewalk to the satisfaction of the Director of Public Works. 12. The applicant shall apply for and be granted an encroachment permit for any work in the public right-of-way. Building Department Conditions 13. The existing building on proposed parcel 2 shall be inspected and brought into code compliance prior to recordation of the parcel map. Parks and Recreation Department Conditions 14. Prior to recordation of the parcel map, a landscape and irrigation plan for the new planters, prepared by a licensed landscape architect shall be submitted for review and approval of the Director of Parks and Recreation. On motion of Commissioner Carr, seconded by Commissioner Tappan, and on the following roll call vote, to wit: AYES: Commissioners Moore, NOFS: None ABSENT: None Tappan, Carr, Reilly, and Chairman Soto the foregoing Resolution was passed and adopted this 15th day of December, 1992. ATTFST: Nancy Bro Commission Clerk John S , hairman 2'7 5 � ^h •.\._ . -. .