PC R 92-138422$
RESOLUTION NO. 92-1384
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING
TENTATIVE PARCEL MAP CAS� NO. 92-502, LOCAT�D
AT 150 S. HALCYON ROAD, APPLIED FOR BY PHILIP
S1'RAUSS; ADOPTING A NEGATIVE D�CLARAI'ION; AND
INSTRUCTING THE SECR�TARY TO FILE A NOTICE OF
DET�RMINA'I'ION
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Tentative Parcel Map Case No. 92-502 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 has reviewed the draft
Negative Declaration with mitigation measures 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. This
parcel map carries out the intent of the Land Use element of the General Plan by
subdividing a parcel of land that is currently designated as SF and Office Commercial.
This provides separate parcels in each zone and General Plan designation that may be
developed in conformance with the requirements of the zone and designation.
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 subst�ntial and considerable damage to the natural environment, including fish,
wildlife or their habitat.
4. The proposed design of the subdivision or proposed improvements are not likely to cause
pu6lic 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. No public easements affect this property.
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. Adequate sewer
treatment capacity is available for this subdivision.
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 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. 92-
502, Variance Case .No. 92-165, and Conditional Use Permit Case No. 92-498.
Resolution No. 92-1384
Tentative Parcel Map Case No. 92-502
Philip Strauss
September 15, 1992
Page Two
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 RESOLV�D 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. 92-502,
subject to the above findings and standard conditions of the City and those conditions and
mitigations 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 Septei�iber 15, 1992 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 measui•es 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 vei•ification in writing by the monitoi•ing department or agenc,y that the
mitigation me�sures have been unplemented.
5. This tentative map approval shall automatically expire on September 15, 199� unless the
parcel map is recorded or an extension is granted pursuant to Section 9-02.1kt0.C. of the
Development Code.
6. This Conditional Use Permit and Variance shall automatically expire on Se�tember 15,
1994 unless a building permit is issued and substantial construction is comrnenced and
diligently pursued toward completion, or a Certificate of Occupancy is issued. Th'irty
(30) days prior to the 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.
7. Development shall occur in substantial conformance with the plans presented to the
Planning Commission at the meeting of September 15, 1992 and marked "Exhibit A".
Exhibit B, the conceptual site plan is intended only as a guide for future development of
access,and parking facilities. Any proposal for development of parcel 3 is subject to
review through the conditional use permit procedure.
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Resolution No. 92-1384
Tentative Parcel Map Case No. 92-502
Yhilip Strauss
September 15, 1992
P�ge Three �
Mitigation Measures
8. 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
Respo��_sible Department/Agency: Building Department
9. 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 Depai�tment/Agency: Building Department
10. 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 Twenty Six
Thousand, Five Hundred, Sixty Dollars ($26,560.00), to be paid prior to issuance of
building permits to convert the residence to a dental office.
Time Frame: Prior to recordation of the parcel map and issuance of building
permits to convert the residence to a dental office.
Responsible Department/Agency: Public Works Department
Pl�nning Department Conditions
11. Development shall conform with the General Commercial, Office Professional, and
Single Family zoning requirements unless otherwise approved.
12. Signage shall be subject to the requirements of Section 9-4.2407 of the Zoning
Ordinance.
13. Prior to issuance of a business license for Parcel 2 or building permits, three (3) sets of
revised plans shall be submitted to be reviewed and approved by the Planning
Department, Parks and Recreation Department, Police Department, Public Works
Department, and Fire and Building Department as noted. The plans shall be revised to
include the following:
a.
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All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view with materials architecturally compatible with the main structure. It
is especially important that gas and electric meters and electric transformers be
completely screened from public view. All roof-mounted equipment which
generates noise, solid particles, odors, etcetera, shall cause the objectionable
material to be directed away from residential properties.
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. All walls, including screening and retaining walls, and the trash enclosure shall
be compatible with the approved project, subject to the review and approval of
the Planning Director.
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Itesolution No. 92-1384
Tentative Parcel 1VIap Case No. 92-508
Philip Strauss
September 15, 1992
Page Four
c. An exterior lighting plan subject to the review and approval of the Planning and
Police Departments which shall include the following:
(1) Cut-off luminaries shall be installed which will provide true 90 degree cut-
off and prevent projection of light above the horizontal from the lowest
point of the lamp or light emitting refractor or device.
(2) All fixtures shall use a flat, clear lens, energy-efficient light source.
(3) All project lighting shall be confined to the project site.
d. A landscaping and irrigation plan prepared by a licensed landscape architect
subject to review and approval by the Parks and Recreation and Planning
Departments. The landscaping plan shall include the following:
(1)
(2)
Tree staking, soil Preparation and planting detail;
The use of landscaping to screen ground-mounted utility and mechanical
equipment;
(3) The required landscaping and improvements. This includes:
(a) Deep root planters shall be included in areas where trees are
witl�in 5' of asphalt or concrete surfaces and curbs; and
(b) Water conservation practices including the use of drip irrigation,
mulch, gravel, drought tolerant plants and bark shall be
incorporated into the landscaping plan.
(c) A three foot high landscaped berm or wall shall be installed
between the street and the handicapped parking space.
e.
The parking lot and landscaping shall be fully developed along the property line
between parcels 2 and 3 as shown on the conceptual site plan. .
Public Works Department Conditions ' .
14. Prior to recordation of the parcel map, the developer shall construct curb, gutter,
sidewalk, and conformance paving along the project's Wood Place frontage.
15.
16.
17.
18.
19.
Prior to or concurrent with recordation of the parcel map, the developer shall dedicate
water rights within the subdivision to the City.
The applicant sllall remove and replace any broken curb, gutter and sidewalk as required
by the City Engineer along the project's S. Halcyon Road frontage.
All public works improvements not installed prior to recordation of the parcel map shall
be bonded by the developer.
All parcels shall have City water and sewer services.
Prior to recordation of the parcel map, the applicant shall have prepared a grading and
drainage plan for review and approval of the City Engineer.
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Resolution No. 92-1384
Tentative Parcel Map Case No. 92-502
Philip Strauss
September 15, 1992
Page Tive
20. 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.
21. Any 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 parcel 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.
22. "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.
23. 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.
24. 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.
25. Prior to recordation of the parcel map, the applicant shall pay applicable drainage fees
for the dental office. Prior to issuance of building permits the applicant shall �pay
applicable drainage fees for other structures.
26. If deemed necessary and desirable by the Director of Public Works, any or all utilities
may be required to be run from Wood Place.
Building Department Conditions
27. Prior to issuance of any building permits, the applicant shall properly abandon all
nonconforming wells, tanks, pipes and other nonconforming appurtenances on the
property.
28. Prior to converting the residence for commercial use, an architect or engineer shall
address code compliance with commercial requirements (per the Uniform Building Code
and the Uniform Fire Code) for conversion of the existing structure.
Parks and Recreation Department Conditions
29. Irrigation bubblers shall be installed with the project landscaping to water the street trees.
Fire Department Conditions
30. Prior to final occupancy, all future buildings and the building to be converted shall be
provided by the applicant, with external Fire Department approved key vaults.
31. Prior to issuance of building permits for the future buildings, the applicant shall redesign
the fire lanes to provide standard Fire Department approved turning radii and turn-
arounds.. In lieu of turn-arounds, the applicant may install fire sprinklers in the future
buildings.
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Resolution No. 92-1384
Tentative Parcel Map Case No. 92-502
Pliilip Str�tuss
September 15, 1992
Page Six
32. The applicant shall pay Fire Department impact fees of $750.00 per lot prior to grading
or recordation of the parcel map, whichever occurs first.
On motion of Commissioner Carr, seconded by Commissioner Tappan, and on the following roll
call vote, to wit:
AYES: Commissioners Carr, Soto, Moore, Souza, Tappan and Chairman Brandy
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of September, 1992.
ATTEST:
Mona L. Pre esnik, Commission Clerk
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Drew randy, Chairman