R 3239
,
, I .
RESOLUTION NO.3 23 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE PARTIALLY UPHOLDING THE APPEAL
OF CERTAIN C.ONCmONS OF APPROVAL OF TENTATIVE
: PARCEL MAP CASE NO. 97-537, LOCATED .AT THE
SOUTHEAST CORNER OF TRAFRC WAY AND CHERRY
A VENUE; APPELLANTS: ED DORFMAN AND LEE WEBB
WHEREAS, on April 15, 1997 the Planning Commission held a public hearing pursuant
to State Law and City Codes on Tentative Parcel Map 97-537; and
WHEREAS, after due study, deliberation and public hearing, the Planning Commission
approved Tentative Parcel Map 97-537 subject to 41 Conditions. of Approval
contained in Resolution 97-1613; .and
...
WHEREAS, on May 6, 1997 the applicants, Ed DorfrT1an and Lee Webb, filed an
appeal of the Planning Commission's approval, contending that the requirements of
condition numbers 16, 17, 23, 34, 37 and 38 were premature; and
WHEReAS, the City Council of the City 'of Arroyo Grande held a duly noticed public
hearing on June 10, and June 24, 1997 to consider said ,appeal; and
WHEREAS, the City Council has considered the Negative Declaration and finds, on the
basis of the Initial Study, that there is no substantial evidence that the project will
J
~ have a significant effect on the environment and approves said Negative Declaration;
and
-
WHEREAS, after due study, deliberation, and public hearing, the City Council finds
that the following circumstances exist relative to said appeal:
1. The Subdivision Map Act (664.11. 1) specifically allows the imposition of
requirements to dedicate right-of-way and easements of a parcel map.
Further, the Council finds that the dedication of easements and rights-of-
way at the time of map recordation is necessary for the orderly development
of the area.
,..
2. The construction of drainage improvements and the design qt the streets are
not needed at this time, and shall be required and constructed .at the time of
development.
3. An improvement agreement is not needed because no improVements are
required at this time.
4. Condition numbers 6, 9-14,16-19, 24-30, 34, 37-38 and portions of 32 and 3.6
1 adopted by the Planning Commission as part of Resolution97~ 1613 are not
needed at this time to insure orderly development or public safety, and
.....l therefore are deleted.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of ArrrJyo
Grande hereby partially upholds the appeal of the Planning Commission's approval of
___..,______..___u._".._.'__'._m..___ ______.~_u --~-
. ,
RESOLUTION NO. 3239
JUNE 24, 1997
Tentative Parcel Map 97.537 based on the staff reports, initial study, public testimony r
and the findings set forth herein subject to the conditions set forth in Attachment II A", ..
attached hereto and incorporated by reference.
On motion by Council Member Lady, seconded by Council Member ~ and by the
following roll call vote, to wit:
AYES: Council Members Lady, Tolley, Fuller, Runels, . and Mayor D9ugall
NOES: None
ABSENT: None
resolution was passed and adopted this 24th day of June 1997.
R
ATTEST:
.r
~
APPROVED AS TO FORM:
~~~
.~ - .'
OTH J. C. RMEL, CITY~ORNEY
APPROVED AS TO CONTENT:
KoL-u:.r l.ItLUll'
ROBERT L.. HUNT, CITY MANAGER
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify that the following Resolution No. 3239 is
a true, full and correct copy of said Resolution passed and adopted at a regular
meeting of said Council on the day of J\lne, 1 997 .
WITNESS my hand and the seal of the City of Arroyo Grande affixed this27thday of June
1997.
~.a.~
NANCY A. AVIS, CITY CLERK
-~.._~_. --- ---- -. .
- ------,.------.-
, .
EXHIBIT" A"
CONDITIONS OF APPRQV AL
TENTATIVE PARCEL MAP CASE NO. 97-537
Dorfman/Webb '-
Southeast Comer of Cherry Avenue and Traffic Way
COMMUNITY DEVELOPMENT DEPARTMENT
~ENERAL CONDITIONS
This approval authorizes the subdivision of a 13.5-acre parcel ir"!to two (2) lots of .
11.5 acres and 2.0 acres.
1. The applicant shall ascertain and comply with all Federal, Stine, County and
City requirements as are applicable to this project. u,
.,
2. The applicant shall comply' with all conditions of approval for - Tentative
Parcel Map Case No. 97-537.
3. This tentative map approval shall automatically expire on, June 24, 1 999
unless the final map is recorded or an extension is granted pursuant to
Section 9-02.140.C. of the Development Code.
, 4. The applicant shall, as a condition of approval of this tentative or final map
- application, defend, indemnify and hold harmless the City of . Arroyp .Grande,
-. i~s present or former agents, officers and employees from anycl~im, action,
or proceeding against the City, its past or present .ag,nts, 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 ofG9vernment Code
Section 66474.9, which are incorporated by reference herein as though set
forth in full.
5. Development shall occur in substantial conforJTlan~e wit" .the plans
presented to the City Council at their meeting of June 24, 1997 and marked
EXhibit n An.
DEVELOPMENT CODE
6. The developer shall comply with Development Code Chapter ~04, "Land
Divisions n .
7. The developer shall comply with Development Code Chapter 9-14,
"Dedications, Fees and Reservations. n
J
.
~ - -_.~- _._~---_. -'---
< .
P'UBlIC WORKS DEPARTMENT CONDITIONS
.
.
All Public Works Department conditions of approval as listed below are to be r
complied with prior to recording the map or finalizing the permit,' unless specifically
noted otherwise.
LOT NUMBERS
8. Lots shan be numbered in sequence.
DEDICA TIONS AND EASEMENTS
9. The property owner shall offer for dedication to the public .the right~f-way
for the following streets.
.#..
a. Cherry Avenue,. 64 feet wide (along, both Lots 1 and 2).
b. Traffic Way, 100 feet wide.
c. Curb return right-of-way shall provide for City standard curb ,.amps.
10. A Public Utility Easement (PUE) shall be dedicated a minimum. 6 feet wide
adjacent to all street right of ways. The PUE sha.1I be Wft1.er where
necessary for the installation or maintenance of the public. utility vaults.
pads, or similar facilities.
11. Street tree planting and maintenance easements shal! be dedicated adjacent ~...-...
-
to all street right of ways. Street tree easements shall be a minimum of 10
feet beyond the right of way and PUE, except that street tre~easements ,
shall exclude the area covered by pubnc utility easements.
12. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the folfowing:
a. Drainage easements where shown on the tentative map or where
required by the Director of Publ.ic Works. The easements shall be a
minimum of 20 feet wide.
PUBLIC UT1L1T1ES
13. The Parcel Map shall be submitted to the public utility companies for review
and comment. Utility comments shall be forwarded to the Director of Public.
Works fat approval.
FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable City fees, including the following:
14. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a. Map check fee for Parcel Map ($215 + $11.00 per lot).
. ..----------- .--~._-
.
15. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT.
a. Water Mitigation fee, to be based on codes and rates in e:ffect at the
time of building permit issuance, 'involving water connection' or'
enlargement of an existing connection.
b. Water Distribution fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Munidpal Code
6-7.22.
c. Water Service charge, to be based on codes and rates. in effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22.
d. Water Supply charge, to be based on codes and rates ip effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22. ..,
e. Traffic Impact fee, to be based on codes and rates irf effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
Res. 3021.
f. Traffic Signalization fee, to be based on codes and rates in effect at
the time of building permit issuance, in aGcordance with Ord. 346
C.S., Res. 1955.
g. Sewer Permit fee, to be based on codes and rates. in effect at the
time of building permit issuance, in accordance with Municipal Code
6-6.405.
. h. Street Tree Planting fee, the developer ,shall pay the current street
.
~ tree planting fee/deposit. One 15-gallon size or larger street tree is
required for every fifty feet (50') of project frontage. P.rior to
issuance of the certificate of occupancy, the developer, with the
approval of the Park and Recreation Director, may install all 15-gallon
trees and receive a refund of dep.osit. To be based on codes and
rates in effect at the time of building permit issuance, in accordance
with Ord. 431 C.S.
i. Construction Tax, the applicant shall pay a construction tax pursuant
to Section 3-3.501 of the Arroyo Grande Municipal Code.
j. Strong Motion Instrumentation Program (SMIP) Fee, to be based on
codes and rates in effect at the time of development in accordance
with State mandate.
k. Building Permit Fee, to be based on codes and rates in effect at the
time of development in acco~dance with Title 8 of the Municipal
Code.
16. PJ'eliminary Title Report, a current preliminary title report shaH be submitted
to the Director of Public Works prior to checking the map. A current
subdivision guarantee shall be submitted to the Director of Public Works
prior to recording the Map.
"1
J
-_.-_.~._.._- ----~
. ,
BONDING SURETY
17. 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 I r
and shall be provided prior to recording of the map, unless noted otherwise. _
The minimum term for Improvement securities shall be equal to the term of
the subdivision agreement.,
a. Monumentation, 100% of the estimated cost of' setting survey
monuments.
b. Tax Certificate, In accordance with Section 9-15.130 of the
Development Code, the applicant 'shall furnish a certificate .from the
tax collectorl s office indicating that there are no unpaic:f ;taxes or
special assessments against the property. i:.
SPECIAL CONDITIONS -.....
18. The development of any parcel shall require the installation of a separate
sewer lateral.
19. The development of any parcel shall require the installation of a separate
water service and meter.
20. All existing wells not proposed for agricultural use shan be properly
abandoned.
-
I
l._ .
.
.----".- ----