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PC R 02-1815RESOLUTION NO. 02-1815 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE PARCEL MAP CASE NO. 01-001, LOCATED SOUTH OF JAMES WAY AND NORTH OF COLLADO CORTE, APPLIED FOR BY THE CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande has filed Vesting Tentative Parcel Map 01- 001 to subdivide an existing ten (10) acre parcel, located south James Way and north of Collado Corte, into four�parcels of 8.6, 0.4, 0.4 and 0.6 acres; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Vesting Tentative Parcel Map Case No. 01-001 at a public hearing on January 15, 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 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. 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. 02-1815 PAGE 2 6. The site is physically suitable for the type of development that could be permitted in the PF and RS 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 01-001 . 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. 01-001, 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. 01-00, 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: Commissioners Bwon, Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 15` day of January 2002. RESOLUTION NO. 02-1815 PAGE 3 ATTEST: �� — !�c . Lyn Reardon-Smith, Commission Clerk J eph M. Costello, Chair AS TO CONTENT: , Rob Strong, Community D velopment Director RESOLUTION NO. 02-1815 PAGE 4 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP CASE NO. 01-001 City of Arroyo Grande Rancho Grande Park COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the subdivision of a 10-acre parcel into four parcels of 0.4, 0.4, 0.6, and 8.6 acres each. 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. 01-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of January 15, 2002 and marked Exhibit „ 4. This tentative map approval shall automatically expire on January 15, 2004 unless the final map is recorded or an extension is granted pursuant to Section 9- 02.140.C. 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 Residential Suburban (RS) 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." SPECIAL CONDITION: 9. Prior to issuance of building permit, Design Review shall be required for each new residence to ensure architectural compliance with the surrounding development in the Rancho Grande Planned Development. RESOLUTION NO. 02-1815 PAGE 5 PARKS. RECREATION AND FACILITIES DEPARTMENT PRIOR TO RECORDING THE MAP: 10. 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 11. 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. PRIOR TO RECORDING THE MAP: 12. A fire hydrant shall be installed at the end of Collado Corte on north side of the cul- de-sac that has a fire flow of 1,000 gallons per minute for a duration of 2 hours. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REQUIREMENTS 13. Fees - The applicant shall pay all applicable City fees at the time they are due. 14. 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. 15. 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, drainage and erosion control. b. Water and sewer. 16. 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. 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. RESOLUTION NO. 02-1815 PAGE 6 f. The location of all public or private utilities. g. Plan and profile drawings of existing and proposed streets and utilities h. Retaining wall locations and details. 17. 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. 18. 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. 19. Encroachment permits - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. STREET IMPROVEMENTS 20. Curb, gutter and sidewalk - The applicant shall install new sidewalk fronting the property along James Way. GRADING AND DRAINAGE 21. Grading - All grading shall be done in accordance with the City Grading Ordinance. 22. 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. 23 24 Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. Cross-lot Drainage — The drainage plan shall include devices as necessary to eliminate drainage across lot lines. WATER 25. Water meters - Each parcel shall have separate water meters. Lots to be fire sprinkled shall have individual 1-inch services. �� ��� 26. 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. RESOLUTION NO. 02-1815 PAGE 7 27. 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 of $2,200 for each new residential unit. WASTEWATER 28. Sewer lateral - Each parcel shall be provided a separate sewer lateral. 29. 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. 30. 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. PUBLIC UTILITIES 31. New Utilities - All new public utilities shall be installed as underground facilities. PRIOR TO RECORDING THE MAP: 32. Preliminary Title Report - A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 33. 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. 34. 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. RESOLUTION NO. 02-1815 PAGE 8 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 acceptance of the subdivision improvements. d. Monumentation, 100% of the estimated cost of setting survey monuments. 35. 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. 36. Tax Certificate - In accordance with Section 9-15.130 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. 37. Subdivision Guarantee - A Subdivision Guarantee shall be submitted to the Director of Public Works at the time of Map Recordation. 38. 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. 39. 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. DEDICATIONS AND EASEMENTS 40. Private Easements — Private easements shall be reserved on the map or other document acceptable to the City. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 41. Utilities — All utilities shall be operational. � _�