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PC R 09-2079RESOLUTION NO. 09-2079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE TENTATIVE TRACT MAP 07-002 AND PLANNED UNIT DEVELOPMENT 08-003; LOCATED AT 451 HIDDEN OAK ROAD; APPLIED FOR BY GREG NESTER CONSTRUCTION AND DEVELOPMENT, INC. WHEREAS, the applicant has filed Tentative Tract Map 07-002 and Planned Unit Development 08-003 to subdivide two properties totaling approximately eleven (11) acres located at 451 Hidden Oak Road into eleven (11) residential lots and one (1) open space lot located in the Rural Residential (RR) zoning district; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has adopted a Mitigated Negative Declaration for the project; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the following circumstances exist: Tentative Tract Map Findings: 2 3 The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title. The proposed fentative tract map is consisfent with the goals, objectives, policies, plans, programs, intent and requirements of fhe Arroyo Grande General Plan by allowing development of a residentially designated site at the allowed densify while preserving native Oak woodland as open space. ; The site is physically suitable for the type of development proposed. The site is adjacent to residential development of similar and compatible type and will provide necessary vehicular and emergency access, and setback buffers to adjacenf properties. The site is physically suitable for the proposed density of development. The site can accommodate the proposed density of eleven (11) residenfial units, which is similar to the surrounding residential density, including all required site improvements for residential development. RESOLUTION NO. 09-2079 TTM 07-002 & PUD 08-003 PAGE 2 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The clustered design of fhe tract map will not cause substantial environmental damage nor will if substantially or avoidably injure either fish or wildlife or their habitat, as it protects the existing native Oak woodland within a designated open space lot. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The clustered design of the subdivision is consistent with commonly accepted best management practices and will not cause any serious public health problems. 6. The design of the tentative tract 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 tract 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. There are no public access easemenfs currenfly recorded on the property, nor is there any need for public access through the property. The project has been conditioned to provide emergency access to the adjacent property to the west (Tract 1998). 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. The subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Development of the proposed tentative tracf map is consistent wifh the City's estimated build-out as outlined in the General Plan and will not require any public services or facilities beyond those that already serve the community. Planned Unit Development Findings: 1. The proposed development is consistent with the goals, objectives and programs of the General Plan and any applicable specific plan. RESOLUTION NO. 09-2079 TTM 07-002 & PUD 08-003 PAGE 3 The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan by allowing development of a residentially designated site at the allowed densify while preserving native Oak woodland as open space. 2. The site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required. Excepting minimum lot size, the site for the proposed development accommodates all required development standards of the Rural Residential (RR) zoning district. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. The site for the proposed developmenf will be accessed from Hidden Oak Road, which was designed and built to accommodate traffic to a potential future school site and has adequate capacity for the estimated traffic that will be generated by the proposed development. 4. Adequate public services exist, or will be provided in accordance with the , conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare. The proposed development is consistent with expected growth and will not result in a reduction of public services to properties in fhe vicinity so as to be a detriment to public health, safety or welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area. The proposed development, as conditioned, is compatible with adjacent residential development and will not have a substantial adverse effect on surrounding property. 6. The improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards. RESOLUTION NO. 09-2079 TTM 07-002 & PUD 08-003 PAGE 4 The required improvements and manner of development will adequately address all natural and manmade hazards associated with the site through adherence to all applicable building code standards, conditions of approval and mitigation measures relating to seismic, fire and slope hazards. 7. The proposed development carries out the intent of the planned unit development provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. The proposed development provides a more efficient use of the land and an excellence of design than fhat which could be achieved through the application of conventional developmenf standards by allowing development of residential lots that are consisfent with adjacent residenfial development and by preserving native Oak woodland within a designafed open space lot. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). As conditioned, the proposed development complies with all applicable performance standards in Municipal Code Section 16.32.050(E). Specific Findings for Cluster Subdivision: 9. The clustering of dwelling units is approved pursuant to a specific plan, planned unit development, or similar mechanism. The clustering of dwelling units is approved pursuant fo a planned unif development. 10. The overall permitted density of the project area is not exceeded. The overall permitted density of the project area is equal to eleven (11) residential units. 11. The resulting project will not require a greater level of public services and facilities than would an equivalent non-clustered project. The resulting project will not affect the level of required public services or facilities. 12. The result of clustering residential units is a more desirable and environmentally sensitive development plan which creates usable open space areas for the enjoyment of project residents and which preserves significant environmental features. RESOLUTION NO. 09-2079 TTM 07-002 & PUD 08-003 PAGE 5 The result of clustering residenfial unifs creates a substantial usable open space lot which preserves native Oak woodland. 13. The project development pattern, including the net density of developed area and proposed lot sizes which result from clustering are compatible with surrounding areas. The project development pattern, including the net density of eleven (11) residenfial lots is compafible with both the density and lot size of adjacent residential development. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends the City Council adopt a Mitigated Negative Declaration and approve Tentative Tract Map 07-002 and Planned Unit Development 08-003, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Brown, seconded by Commissioner Ruth, and by the following roll call vote, to wit: AYES: Commissioners Brown, Ruth, Barneich and Vice Chair Keen NOES: None ABSENT: Chair Ray the foregoing Resolution was adopted this 17` day of February, 2009. ATTEST: LYN REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO C�NTENT: KVCS J 1 KVIVl7, "� COMMUNITY DEVE PMENT DIRECTOR / � HN KEEN, CTING CHAIR � C�