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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. 2 �2'9 � 2 �3 `Q 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. � 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. �. . 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. �2�3`� 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. 2��3<� 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. 2 3 `� 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 � Drew randy, Chairman