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PC R 02-1827RESOLUTION NO. 02-1827 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP CASE NO. 01-005, LOCATED AT 509 AND 517 EAST GRAND AVENUE, APPLIED FOR BY DAVID TURTON WHEREAS, the City of Arroyo Grande has filed Vesting Tentative Parcel Map 01- 005 to subdivide an existing .9 acre parcel, located at 509 and 517 East Grand Avenue, into two parcels of .4 and .5 acres; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 01-005 at a public hearing on February 19, 2002 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 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 determined that the proposed project is categorically exempt under Section 15315 of the CEQA Guidelines; and _ WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: 1. The proposed Tentative Parcel Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan and the requirements of the Development Code. 2. The design of the Tentative Parcel Map is not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements is not likely to cause public health problems. 4. The discharge of waste from the project 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. 5. Adequate public services and facilities exist or will be provided as a result of the proposed Tentative Parcel Map to support project development. RESOLUTION NO. 02-1827 PAGE 2 6. The site is physically suitable for the type of development that exists in the HC zoning district. 7. 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map Case No. 01-005, as shown in Exhibit "B1" 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 Keen, seconded by Commissioner Brown, and by the following roll call vote, to wit: AYES: Commissioner's Brown, Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 19` day of February 2002. ATTEST: �l ���+Q:���� r _ . Lyn Reardon-Smith, Commission Clerk AS TO CONTENT: Rob Strong, ' � Community Developi � � Jos ph M. Costello, Chair RESOLUTION NO. 02-1827 PAGE 5 acceptance of the subdivision improvements. d. Monumentation, 100% of the estimated cost of setting survey monuments. 17. Subdivision Agreement - The developer shall enter into a Subdivision Agreement for the completion and guarantee of improvements required. The Subdivision Agreement shall be on a form acceptable to the City. 18. Private Agreements - An agreement shall be entered into for the common maintenance of the private driveway. 19. Tax Certificate - In accordance with Section 16.68.130 of the Development Code, the applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. 20. Subdivision Guarantee - A Subdivision Guarantee shall be submitted to the _ Director of Public Works at the time of Map Recordation. 21. Documents - All easements, abandonments, or similar documents to be recorded as a document separate from the map, shall be prepared by the applicant on 8.5 x11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing fees. 22. Recordation - At the time of map recordation, copies of all recorded documents shall be submitted to the City on either mylar sheets or 8'/2" x 11" archival quality paper. 23. Private easements - Private easements shall be reserved on the map or other document acceptable to the City for Private access and drainage easements. RESOLUTION NO. 02-1827 PAGE 3 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP CASE NO. 01-005 509 AND 517 EAST GRAND AVENUE COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the subdivision of a.9-acre parcel into two parcels of 0.4 and .5 acres each. `� 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map Case No. 01-005. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of February 19, 2002 and marked Exhibit "B-1 ". 4. This tentative map approval shall automatically expire on February 19, 2004 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140. of the Development Code. 5. Development shall conform to the East Grand Avenue Enhancement Plan (February 2002). ' 6. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. DEVELOPMENT CODE: 7. n 0 Development shall conform to the Highway Commercial zoning requirements except as otherwise approved. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." RESOLUTION NO. 02-1827 PAGE 4 PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS 10. Fees - The applicant shall pay all applicable City fees at the time they are due. 11. Encroachment permits - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. . _ . 13. Fossil Filter/Debris Catcher - All on-site private drainage structures shall be equipped with a fossil filter/debris catcher. A regular maintenance and cleaning program for the on-site drainage facilities shall be implemented by the applicant. . Both the filters and the maintenance program shall be subject to the approval of the Director of Public Works. PRIOR TO RECORDING THE MAP: 14. Preliminary Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 15. Improvements - All subdivision improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. 16. Bonds — The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The � minimum term of improvement securities shall be equal to the schedule for - completion of improvements described in the subdivision agreement. a. Faithful Performance, 100% of the approved estimated cost of all subdivision improvements. b. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. c. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to