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:
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K thleen Fryer, Commission lerk
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Jo eph . Costello, Chair
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Kerry McG�ant , �6mmunity Development Director
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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
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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
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