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PC R 91-13511 ,�.� RESOLUTION NO. 91-1351 A RESOLUTION OF THE PLANNING CONIlVIISSION OF THE CITY OF ARROYO GRANDE APPROVING PARCEL MAP CASE NO. 91-499, LOCATED AT 327 WALNUT STREET APPLIED FOR BY DONNA AND BILL NIINTER AND ADOPTING A NEGATIVE DECLARATION AND INSTRUCTING THE SECRETARY TO FII,E A NOTICE OF DETERn�TATION. WHEREAS, the Planning Commission of the City of Arroyo Grande has held a public hearing on Parcel Map Case No. 91-499 in accordance with City Code; 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 has determined that a negative declaration with mitigation measures can be adopted and instructs the Secretary to file a Notice of Determination; and WHEREAS, said Parcel Map was refened to the Planning Commission, by various City Departments and the Staff Advisory Committee; 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 because the General Plan designation is Single Family with a maximum density of 4.5 dwelling units per acre, and the applicants are proposing a density of 3.5 units per acres, and the lot areas, widths, and depths meet the requirements of the Development Code, and the number of dwelling units will not increase. 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 4. The proposed design of the subdivision or proposed improvements are not likely to cause public health problems. 5. The design of the Tentadve 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. No increase in the number of dwelling units is being proposed. Department of Fish and Game Required Findings 1. The City of Anoyo Grande has prepazed an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Pazcel Map Case No. 91- 499. 1 �3�0 Resolution No. 91-1351 Parcel Map Case No. 91-499 327 Walnut Street (Minter) Page 2 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 RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration, instructs the Secretary to file a Notice of Determination, and approves said Parcel Map Case No. 91-499 subject to the following conditions: 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 November 5, 1991 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. 5. This tentative map approval shall automatically expire on November 5, 1993 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. Itesponsible 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 imgation with drought tolerant landscaping and etcetera. All water conserving designs and fixtures shall be installed prior to final occupancy. Time �rame: Prior to final occupancy Responsible Department/Agency: Building Department Resolution No. 91-1351 Parcel Map Case No. 91-499 327 Walnut Street (Minter) Page 3 Planning Department Conditions 8. Development shall conform with the SF (Single Family) zoning requirements unless otherwise approved. 9. Prior to recordation of the parcel map, the applicant shall remove the existing garage on the proposed lot line and replace it with a new garage on parcel "B" . 10. Prior to recordation of the parcel map, the applicant shall remove, or bond for removal of the existing house on parcel "A"; or if the applicants decide to retain the house, construct, or bond for construction of a garage for said house. 11. The applicant shall construct or bond for individual curb cuts and all weather driveways for both parcels prior to recordation of the parcel map. Public Works Department Conditions 12. Prior to or concurrent with recordation of the parcel map, the developer shall dedicate street tree and public utility easements along the project's Walnut Street frontage. 13. Prior to or concunent with recordation of the parcel map, the developer shall dedicate water rights within the subdivision to the City. 14. The applicant shall remove and replace any broken curb, gutter and sidewalk as required by the City Engineer along the project's Walnut Street frontage. 15. All public works improvements not installed prior to recordation of the parcel map shall be bonded by the developer. 16. Both parcels shall �have City water and sewer services. 17. Prior to issuance of building permits on parcel A, the applicant shall have prepared a grading and drainage plan for review and approval of the City Engineer. All improvement water to flow to the street. 18. All 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. 19. "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. 20. All grading shall conform to the City's Grading Ordinance (303 C.S.) and Chapter 70 of the Uniform Building Code, and/or as recommendetl by the soils report with prior review and approval of the City Engineer. 21. 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. 22. 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 131' occupancy. 1' 3�2 Resolution No. 91-1351 Parcel Map Case No. 91-499 327 Walnut Street (Minter) Page 4 23. 24 Prior to recordation of the parcel map, the applicant may be required to install a street light to PG&E standards on Walnut Street. Prior to recordation of the parcel map, the applicant shall pay applicable drainage fees. Building Department Conditions 25. Prior to issuance of any building permits, the applicant shall properly abandon all nonconforming wells, tanks, pipes and other nonconforming appurtenances on the property. 26. Prior to demolition of the existing house on proposed parcel A, the applicant shall apply for a demolition permit and provide verification of all existing building credits. On motion of Commissioner Brandy, seconded by Commissioner Boggess, and by the following roll call vote, to wit: AYFS: NOES: ABSENT: Commissioners Brandy, Moore, Boggess and Chairman Carr None Commissioners Souza and Soto the foregoing Resolution was passed and adopted this Sth day of November 1991. ATTEST: �.. �� � �i % , _ :s . � � �� Robert W. Carr, Chairman I J