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PC R 01-1788RESOLUTION NO. 01-1788 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES; INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION; AND APPROVING VESTING TENTATIVE TRACT MAP NO. 2275 LOCATED AT 801 HUASNA ROAD, APPLIED FOR BY JAMES DOTSON WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Vesting Tentative Tract Map No. 2275, filed by James Dotson, to subdivide two existing parcels into six lots in the RS District; and WHEREAS, the Planning Commission has held a public hearing on these applications in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Tract Map Findings: 1. The proposed vesting tentative tract map is 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 Residential Suburban (RS) with a maximum density of 2.5 dwelling units per acre, and the applicant is proposing 6 residential lots on a 8-acre site, with one existing 2" residential dwelling unit for .88 dwelling units per acre, and the lot areas, widths, depths, and setbacks are within Development Code requirements. 2. The site, as shown on the vesting tentative tract map, is physically suitable for the proposed development because all necessary easements, parking, open space, and setbacks can be provided. 3. The site, as shown on the tentative tract map, is physically suitable for the proposed density because all necessary easements, parking, open space, and setbacks can be provided. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial damage to the natural environment, including fish, Resolution No. 01-1788 Vesting Tentative Tract Map 2275 May 1, 2001 Page 2 of 3 wildlife or their habitat. 5. The design of the subdivision or proposed improvements is not likely to cause 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. 7. 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. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Department of Fish and Game Required 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 for Tentative Tract Map No. 2275. 2. Based on the initial study, a mitigated negative declaration was prepared for public review and 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 mitigated 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 with mitigation measures, instructs the Secretary to file a Notice of Determination, and approves Vesting Tentative Tract Map No. 2275, with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. Resolution No. 01-1788 Vesting Tentative Tract Map 2275 May 1, 2001 Page 3 of 3 On motion by Commissioner Brown, seconded by Commissioner Fowler, and by the following roll call vote, to wit: � AYES: Commissioners Brown, Fowler, Guthrie, Keen and Chair Costello NOES: None ABSENT: None the foregoing Resolution was adopted this 1 st day of May, 2001 . ATTEST: � � - K thleen Fryer, Commission lerk /�i Jo eph . Costello, Chair AS TO C Kerry McG�ant , �6mmunity Development Director �. k` ' V 4, . '��y .�.. . . . b� �:: �` �_ EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP CASE NO. 01-002 JAMES DOTSON 801 HUASNA ROAD COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes the subdivision of a two parcels consisting of 8 acres into six parcels of 83,661, 49,503, 67,492, 57,247, 42,437 and 48,340 square feet. 1. 2. 3. 4. 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 Tract Map 2275. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of May 1, 2001 and marked Exhibit "B". The non-buildable area on Lots 2 through 5 is defined as the area that is bounded by the concrete drainage ditch and described as " Non Buildable Area" on Exhibit " B". No structures may be erected in this area. 5. This tentative map approval shall automatically expire on May 1, 2003 unless the final map is recorded or an extension is granted pursuant to Section 9- 02.140.C. of the Development Code. 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. 8. 9. Development shall conform with the single family (RS) zoning requirements except as otherwise approved. The developer shall comply with Development Code Chapter 9-4, " Land Divisions". The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." Resolution 01-1788 Exhibit A Page 2 of 8 PRIOR TO RECORDING THE MAP: 10. The applicant shall remove the accessory barn structure located on parcel 6. PARKS AND RECREATION DEPARTMENT CONDITIONS PRIOR TO RECORDING THE MAP: 11. The applicant shall pay the current park development fee for each lot approved in accordance with City Ordinance 313 C.S. BUILDING AND FIRE DEPARTMENT CONDITIONS 12. The project shall have a fire flow of 1,000 gallons per minute for a duration of two (2) hours. 13. Two fire hydrants shall be installed, per Fire Department and Public Works Department standards. PRIOR TO ISSUING A GRADING PERMIT: 14. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 15. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 16. Proposed residences on parcels 2, 3, 4, 5 and 6 must be fully sprinklered per Building and Fire Department guidelines (note that the existing residence must be retrofitted). PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL IMPROVEMENT REO.UIREMENTS 18. 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. Resolution 01-1788 Exhibit A Page 3 of 8 � 19 20. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. Grading - All grading shall be done in accordance with the City Grading Ordinance. 21. Fees - The applicant shall pay all applicable City fees at the time they are due. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications° reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. Resolution 01-1788 Exhibit A Page 4 of 8 (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. CONDITIONS REaUIRED PRIOR TO RECORDING THE MAP 22. Improvements required - All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 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. Public and private roadway improvement plans. c. Curb, gutter, and sidewalk plans. d. Public utilities. e. Water and sewer. 23. Drainage design - All site drainage shall be brought from the site in an underground conduit, and remain underground until connecting into City underground drainage facility. All drainage facilities shall be designed to accommodate a 100-year storm flow. Any and all drainage designs are subject to the approval of the Director of Public Works. 24. 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. 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. Existing retaining wall - A structural analysis of the retaining wall on the East side of the 25' access from Platino Lane shall be performed to ensure that the wall can withstand any additional surcharge loading experienced during construction and anticipated for the new private residential road. 28. Access Road Approach - For the Platino Lane access, applicant shall remove existing driveway approach, and install new City standard driveway approach. A stop sign shall be installed at the intersection of Platino Lane and the access road " Cindy Way". 29. Access Road - Driveway access from Huasna Rd. shall be for lot 1 and improved to a width of 18 feet to accommodate emergency access. Resolution 01-1788 Exhibit A Page 5 of 8 Access to lots 2- 6 shall be from Platino Lane. The intersection of the driveway from Huasna road and the private access road ("Cindy Way") shall include a"ham merhead" turnaround area and be closed off to through traffic by a removable barrier or gate. The new private driveway ("Cindy Way") shall be a minimum of 20 feet wide with the exception of the of the access easement from Platino Lane where it shall be a minimum of 18 feet. The private driveway ("Cindy Way") shall have a design speed of 30 miles per hour. The structural section of the new private access road shall be a minimum of 2" AC over 6" class II Aggregate base, with the actual section to be determined based on r-value tests taken at and a TI of 5.0. 30. Utility company review - All public improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 31. Plan submittals - 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, and 2 sets of prints of the approved record drawings (as builts). 32. CC & R's - The project Covenants, Conditions and Restrictions (CC&R's) shall be approved by the Director of Public Works. At a minimum, the CC&R's shall : a. Provide for the common maintenance of the private road, "Ci ndy Way," and drainage facilities. b. Require that no further division of the lots will be allowed. c. On Lots 2-6, require that no second residential units shall be allowed. d. On Lots 2-6, require that no large animals will be allowed. 33. Recorded 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�81 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. 34. Recorded Map - Prior to recording the Map, provide to the City 55.00 per sheet for recorded mylar copies to be delivered to the City. 35. Curb and sidewalk - A concrete curb, gutter, and 5' feet wide concrete sidewalk shall be constructed along the frontage of lots 2, 3, 4, and 5. And shall extend to the public sidewalk at Platino Lane. 36. Water main - A new water main shall be extended within the private drive to serve the project. Any new water main shall be a minimum of 8". Resolution 01-1788 Exhibit A Page 6 of 8 Design of new water facilities are subject to the approval of the City Engineer. 37. Sewer main - A new public sewer main shall be installed to serve the project. The main shall be a minimum diameter of 8 inches. There shall be paved access to all manholes. 38. Public easements - Easements shall be dedicated or offered to the public for the following: a. Public water mains - over the private drive (plus additional for the fire hydrants) b. Public sewer mains - over the private drive. c. Emergency access - over the private drive. d. Public Utilities - over the private drives and 6 feet on both sides. 39. Private easements - An easement for the private drainage facilities shall be obtained from the necessary property owners. 40. Water-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. Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. The water meter for Lot One shall be relocated as required by the Director of Public Works. 42. Existing Services - Existing water and sewer services not used by the project shall be abandoned per the requirements of the Director of Public Works. 43. Underground new utilities - All new public utilities shall be installed as underground facilities except as noted. 44. Utilities operational - Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 45. 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. 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. Resolution 01-1788 Exhibit A Page 7 of 8 , d. Monumentation, 100% of the estimated cost of setting survey monuments. e. 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. 46. Subdivision Agreement - The subdivider 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. 47. As builts - 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, and 2 sets of prints of the approved record drawings (as builts►. 48. City benchmark — Applicant shall install new City Benchmark in the vicinity of Platino Lane. CONDITIONS REaUIRED PRIOR TO A CERTIFICATE OF OCCUPANCY 49. Water Neutralization Program — Consistent with Mitigation Measure No. 1, The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement 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, Pay an in lieu fee of 52,200 per equivalent residential unit water usage. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. 50. The applicant shall pay a fee of 513,125 for adequate water storage for the project. Monitoring: Pay required fee. Resolution 01-1788 Exhibit A Page 8 of 8 Responsible Department: Public Works Department Timeframe: Prior to map recordation 51. As required by Condition of Approval No. 23, As part of the tract improvements new facilities plan check, the applicant shall provide detailed drainage calculations indicating that run-off shall be brought from the site in an underground conduit, and remain underground until connecting into a City underground drainage facility. All drainage designs are subject to the approval of the Director of Public Works. Monitoring: Responsible Department: Timeframe: Review of tract improvement grading plans Public Works Department Prior to acceptance of improvements for construction and tract 52. Any new construction shall utilize fixtures and designs which minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, and drip irrigation with drought tolerant landscaping. Water conserving designs and fixtures shall be installed prior to final occupancy for each residence. Monitoring: Field inspection of each residence Responsible Department Building and Fire Department Timeframe: Prior to issuance of Certificate of Occupancy 53. As required by Condition of Approval No. 1 1, the applicant shall pay all applicable park development fees to the City. Monitoring: Responsible Department Timeframe: The applicant shall pay the park development fees Parks & Recreation Department Prior to issuance of building permit � ��