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PC R 02-1821RESOLUTION NO. 02-1821 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP CASE NO. 01-004, LOCATED ON THE NORTHWEST CORNER OF EAST GRAND AVENUE AND COURTLAND STREET, APPLIED FOR BY LARRY PERSONS WHEREAS, the applicant, Larry Persons, has filed Vesting Tentative Parcel Map 01-004 to subdivide an existing 5.01-acre parcel, located on the northwest corner of East Grand Avenue and Courtland Street, into four parcels of 3.23, 0.66, 0.51 and 0.61 acres; and WHEREAS, considered Vesting February 19, 2002 Grande; and the Planning Commission of the City of Arroyo Grande has Tentative Parcel Map Case No. 01-004 at a public hearing on in accordance with the Development Code of the City of Arroyo 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 a Mitigated Negative Declaration can be adopted; 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 or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. i he 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. 02-1821 PAGE 2 6. The site is physically suitable for the type of development that could be permitted in the GC and SR zoning districts. 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. Required CEQA 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 (CEQA), for Vesting Tentative Parcel Map 01-004. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopts a negative declaration and finds that there is no substantial evidence of any 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. Further, the Planning Commission finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Vesting Tentative Parcel Map Case No. 01-004, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference, and instructs the Planning Commission Secretary to file a Notice of Determination with the San Luis Obispo County Clerk. BE IT FURTHER RESOLVED that this approval is preliminary to City Council approval of Development Code Amendment Case No. 01-004, and will become effective upon said action. On motion by Commissioner Guthrie, seconded by Commissioner Fowler, and by the following roll call vote, to wit: AYES: Commissioner's Brown, Fowler, Guthrie and Chair Costello NOES: Commissioner Keen ABSENT: None the foregoing Resolution was adopted this 19` day of February 2002. RESOLUTION NO. 02-1821 PAGE 3 ATTEST: ✓� ��'�l`G[�Y17- ��� Lyn Reardon-Smith, Commission Clerk ! �.�.�.. 1�. �-- , Joseph M. Costello, Chair .._�� AS TO CONTENT: ----- Rob tro g, Community De elopment Director RESOLUTION NO. 02-1821 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP CASE NO. 01-004 Larry Persons 1524 & 1542 East Grand Avenue COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the subdivision of a 5.01-acre parcel into four parcels of 3.23, 0.66, 0.51, and 0.61 acres each. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Parcel Map Case No. 01-004. 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". 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. 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: 6. Development shall conform to the General Commercial (GC) and Senior Housing (SR) zoning requirements except as otherwise approved. 7. The developer shall comply with Development Code Chapter 9-4, "Land Divisions". 8. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." RESOLUTION NO. 02-1821 PAG E 5 PARKS, RECREATION AND FACILITIES DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 9. The applicant shall pay the current park development fee for each lot approved for residential development in accordance with City Ordinance 313 C.S. BUILDING AND FIRE DEPARTMENT 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 11. Fees - The applicant shall pay all applicable City fees at the time they are due. 12. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 13. Documents - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8'/z x 11 inch 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. 14. Public Works Improvements - All project improvements shall be designed and constructed in accordance with City of Arroyo Grande standards and specifications. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading and drainage b. Erosion control c. Street paving, curb, gutter and sidewalk d. Water and sewer 15. Site plan - The site improvement plans shall include the following: a. The location and size of all water, sewer, and storm water facilities within the project site and abutting streets or alleys. RESOLUTION NO. 02-1821 PAG E 6 b. The location and size of all sewer laterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements crossing the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. g. Retaining wall locations and details. 16. Plan sets - Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, 2 sets of prints of the approved record drawings (as builts) and electronic (e.g. Autocad) files where available. 17. Improvement agreement - Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements. PRIOR TO ISSUING A BUILDING PERMIT: 18. Encroachment permits - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 19. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 20. The main parking lot entrance path shall be designed to handle trash truck loads (TI = 5.0). 21. The driveway entrances shall be constructed with curb returns with a minimum radius of 15', concrete cross-gutter and spandrels. 22. Parking lots shall be designed with a maximum cross-fall of 5%. 23. Parking lot spaces shall be delineated with double striping. GRADING AND DRAINAGE 24. Grading - All grading shall be done in accordance with the City Grading Ordinance. RESOLUTION NO. 02-1821 PAGE 7 25. Soils report - A preliminary soils report shall be prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 26. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. 27. Drainage study — A drainage study shall be performed to determine if the existing City storm drain facilities are of adequate size to accommodate additional project flows for a 100-year storm. If the existing facilities are not of adequate size, the applicant shall install storm drain facilities of adequate size as determined by the drainage study. The drainage study shall be subject to the approval of the Director of Public Works. 28. Storm drain system — The on-site storm drain system shall be private. All on- site private drainage structures shall be equipped with a fossil filter and 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. 29. CMP pipe — the appticant shall replace the corrugated metal pipe (CMP), which crossed Grand Avenue from the project at the corner of Courtland Street and Grand Avenue with same size HDPE pipe. This work may be completed by others. 30. DI catch basin — The applicant shall remove and replace the existing DI catch basin at the corner of Courtland and Grand with a new City standard DI catch basin. This work may be completed by others. 31. Cross-lot Drainage — The drainage plan shall include devices as necessary to eliminate drainage across lot lines. ►� � - 7 32. Water meters - Each parcel shall have separate water meters. Duplex service lines shall be used wherever feasible. 33. Water main — The applicant shall replace the existing six inch (6") water main in Grand Avenue with a new twelve inch (12") main for the entire frontage length along Grand Avenue. This work may be completed by others. 34. Fire hydrants — The applicant shall install fire hydrants on Grand Avenue and Courtland Street to comply with City standards for hydrant spacing. Locations of the hydrants shall be determined by the Director of Public Works. This work may be completed by others. RESOLUTION NO. 02-1821 PAGE 8 35. Abandonments - Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 36. Water Neutralization Program - The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing an individual water program consisting of retrofitting existing high- flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; or, Paying an in lieu fee. UTILITIES 37. Water and sewer mains — Any on-site water or sewer main shall be a public facility. This will require public improvement plans and dedication of a minimum fifteen-feet (15') wide easement. 38. Sewer lateral - Each parcel shall be provided a separate sewer lateral. 39. Abandonments - Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 40. Sewer crossings - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 41. Replacement — The applicant shall replace the existing sewer main, which runs along the western edge of the property in its entirety, to the connection in Grand Avenue. 42. New Utilities - All new public utilities shall be installed as underground facilities. Prior to issuing a certificate of occupancy, all utilities shall be operational. 43. Overhead utilities — All existing public overhead utilities which are onsite, and those within six feet of the side and rear lot lines, and those along the frontage (as shown in Figure A) shall be placed underground. Removal of the utility pole located on the corner of East Grand Ave. and Courtland St. shall be coordinated with the City's Capital Improvement Program. The developer is ultimately responsible for removal of this pole. 44. Utility companies — All improvement plans shall be submitted to the public utility RESOLUTION NO. 02-1821 PAGE 9 companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 45. Prior to approval of an improvement plan — The applicant shall enter into an agreement with the City for inspection of the required improvements. STREETS 46. Repairs and replacement — The applicant shall replace any cracked or broken curb, gutter, and sidewalk on the property, and shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. 47. Courtland Street shall be widened along the property frontage. The widening shall provide a width of finrenty feet (20') from centerline to the face of curb. The pavement structural section shall be based on a Traffic Index (TI) of 6.0. 48. Curb, gutter and sidewalk — The applicant shall install new City standard curb, gutter, and sidewalk along Courtland Street. � 49. Handicapped ramp — The existing wheelchair ramp at Courtland Street and Grand Avenue shall be removed and replaced with new City standard wheelchair ramp. PRIOR TO RECORDING THE MAP: 50. Preliminary Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 51. 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. 52. 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. RESOLUTION NO. 02-1821 PAGE 10 c. J One Year Guarantee, 10°/a of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. Monumentation, 100% of the estimated cost of setting survey monuments. ' 53. 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. 54. Tax Certificate - In Code, the applicant indicating that there property. accordance with Section 16.72.130 of the Development shall furnish a certificate from the tax collector's office are no unpaid taxes or special assessments against the 55. Subdivision Guarantee - A Subdivision Guarantee shall be submitted to the Director of Public Works at the time of Map Recordation. 56. 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'/2 x 11 inch 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. 57. 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 inch archival quality paper. DEDICATIONS AND EASEMENTS 58. Public Utility Easement — A Public Utility Easement (PUE) shall be dedicated a minimum of six feet (6') wide adjacent to Courtland Street. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 59. Street Tree Easement — A street tree planting and maintenance easement shall be dedicated adjacent to Courtland Street right of way. Street tree easements shall be a minimum of ten feet (10') beyond the right of way. 60. Private Access and Utility Easements — Private easements shall be reserved on the map or other document acceptable to the city, for shared access, drainage, water, and sewer. � �� 61. Public Sewer and Water Easements — Public Water and Sewer Easements shall be dedicated a minimum of fifteen feet (15') for any on-site water or sewer mains.