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PC R 92-13802 0 �7; RESOLUTION NO. 92-1380 A RESOLUTION OF TIIE PLANNING CONIlVYISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CAS� NO. 92-503, LOCATED AT 538 IDE STREET, APPLIED TOR BY THE ESTATE OF OLIVER NELSON; ADOPTING A NEGATIVE D�CLAI2ATION; AND INSTRUCTING TH� SECRETARY TO TILE A NOTICE OF DETERNIINATION WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 92-503 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 t11e environmental documents associated therewith, and recommends adoption of a Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act (CEQA); and , W�IEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed Tentative Parcel Map is consistent with goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan, and the requirements of Title 9. 2. The site is physically suitable for the type of development proposed since the site is level. 3. The site is physically suitable for the proposed density of development as it is a flat site with no obstructions. 4. The design of the Tentative Parcel Map is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, provided the mitigation measures are implemented. 5. The design of the subdivision is not likely to cause serious public healtll problems provided the conditions of approval and mitigation measures are implemented. 6. The design of tlie Tentative Parcel Map 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 as 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 Parcel Map to support project development. Dep�rtment of Fish and Game Required Findings of Exemption � 1. The City of Arroyo Grande has prepared an initial study pursuant to section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Tentative Parcel Map Case No. 92-503. . 2. Based on the initial study, a negative declaration drafted for review by the public and review and approval by the Planning Commission. �. 208= Resolution No. 1380 Tentative P�rcel M�p Case No. 92-503 �state of Oliver Nelson August 18, 1992 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 ant 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. NOW, TH�REFORE, BE IT R�SOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends approval of Tentative Parcel Map Case No. 92-503, subject to the above findings and standard conditions of the City and those listed below: CONDITIONS FOR APPROVAL: General Conditions 1. The applicant shall ascertaiil 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 August 18, 1992. 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 the 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 such action but such participation shall not relieve the applicant of his/her obligations under this condition. 4. A negative declaration with mitigation measures has been adopted for this project. The following mitigations shall be implemented as conditions of approval and shall be monitored by the appropriate City department or other responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures 5. 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 water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and etcetera. All fixtures and designs shall be installed prior to �nal occupancy. Time Frame: Prior to final occupancy Respousible Depa��tment: Building Department 6. Prior to recordation of the final 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 Two Thousand, Six Hundred, Fifty Six Dollars ($2,656) 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 tive (5) years of recordation of the final map, whichever comes first. Time Frame: Prior to issuance of building permits or within five (5) years of recordation of the final map. Respa�sible Depa��tment: Public Works Department J Resolution No. 1380 Tent�tive P�►•cel Map Case No. 92-503 Estate of Oliver Nelson August 18, 1992 Page Three 7. 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 Fr�me: Prior to the recordation of the final map. Responsible Department: Public Works Department Planning Department Conditions 8. Development s11a11 conform with the SF zoning requirements unless otherwise approved. 8a. Construction on lots 1-4 shall be limited to sin l�e story homes. 8b. Prior to recordation of the final parcel map the a.,p�licant shall construct a two �2) foot high concrete fence footing (for drainage diversionl alon��the entire westerl�nroperty line A six (6) foot hi�h fence shall be constructed on ton of the footing along the westerlv boundary of lots 2. 3 and 4. Fire Department Condit.ions � 9. Fire and life safety impact fees of $750 per lot are due prior to recordation of the final map. 10. 11. 12. The access road must have a minimum width of 20 ft. with an approved turn around and vertical clearance of 13' 6" shall be provided. The access road must be maintained as a fire access road with no parking permitted, and it must be properly signed and maintained. Residential fire sprinklers must be provided for lots 2, 3 and 4. 13. A yard hydrant must be provided on the site in a location specified by the fire chief or lot four must be eliminated. The yard hydrant shall be in place prior to construction. Parks and Recre�tion Department. Condit.ions 14. The removal of thirteen orchard trees has been approved to provide for the access road. Some other trees may have to be removed. 15. A fence shall be constructed along the east property line. A concrete block, steel reinforced wall six (,6� feet high shall be constructed along the east property line of lot 1 from the north west corner of the house at 546 Ide Street to the south nropert,y line of lot 1. 16. The 18" avocado tree and trees along building setbacks are to be protected during driveway and home construction by enclosing them within an appropriate construction barrier, such as a chain link fence or other means acceptable to the City, prior to the issuance of a grading or building permit, and prior to the commencement of work. 17. One 15 gallon City street tree shall be planted on lot 4; the location and type of tree to be verified by the Parks and Recreation Department Director prior to the issuance of a certificate of occupancy for the house on lot number 4. 18. Standard park development fees must be paid for lots 2, 3, and 4 �2 0� 2� 1 `Q Resolution No. 1380 Tentative Parcel M�p Case No. 92-503 �;state of Oliver Nelson August 18, 1992 Page Four Public Works Depai�tment Conditions 19. Proper sheet flow of water must be maintained. 20. The floor level of structures that might be constructed must be two feet (2') above finish grade as the lots are located in the area between the 100 and 500 year flood plain. 21. 22. 23. Ponding areas must be provided for each lot to capture run-off due to changes in absorption rates. Well must be properly abandoned per County Health Department standards. DeveloPer shall transfer water rights within the subdivision to the City. Building Department Conditions 24. Prior to the issuance of building permits the applicant shall properly remove or abandon all existing non-conforming items such as septic tanks, wells, pipes and so forth. 25. Prior to the issuance of building permits, the applicant shall obtain necessary permits for: a. Work in the public right of way; b. Retaining walls; c. Grading; and d. Demolition of existing structures. 26. Prior to the issuance of building permits, the applicant shall verify whether existing structures are connected to the City sewer. The developer shall connect to public sewer facilities and pay appropriate sanitation district and City connection fees. 27. All structures as regulated by the currently adopted issues of the Uniform Building Codes and related codes, are subject to all seismic conditions as the would apply to earthquake zone 4. 28. All structures as regulated by the currently adopted issues of the Uniform Building Code and related codes, are subject to energy regulations as described in Title 24 of the California Administrative Code for climate zone 5. On motion by Commissioner Souza, seconded by Commissioner Tappan and by the following role call vote, to wit: AYES: Commissioners Souza, Tappan, Moore and Acting Chairman Soto NOES: None ABSENT: Commissioner Carr and Chairman Brandy the foregoing Resolution was adopted this 18th day of August, 1992. ATTEST: �Z.G/C Mona L. Prelesnik, Commission Clerk o n , Acting airman �