R 3170
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RESOLUTION NO. 3170
A RESOLUTION OF THE CITY COUNCIL OF mE CITY
OF ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION, INSTRUCTING TIlE SEC~ARY TO
FILE A NOTICE OF DETERMINATION, AND APPROVING
TENTATIVE PARCEL MAP CASE NO. 96-530, LOCATED ['
AT 880 OAK PARK BOULEVARD, APPLIED FOR BY
RUSSELL AND PAMELA SHEPPEL
,
WHEREAS, the City Council of the City of Arroyo Graride has considered Tentative
Parcel Map Cas~ No. 96-530 in accordance with the Development Code of the City of Arroyo
Grande; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project under the provisions of the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council 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 Geneml Plan. and the
requirements of the Development Code. The General Plan designation is Oak Park Acres
#140 with a minimum lot size of 10,000 square feet, and the applicant is proposing
minimum lot sizes ranging from 18,295 to 25,788 square feet. All ~ parcels meet
development standards for the H-S subzone of the PD 1.1 zone of the Development
Code, except as approved by Variance Case No. 96-195.
2. This site as shown on the tentative parcel map, is physically suitable for the proposed
type and density of development because all necessary easements, drainage facilities, and
setbacks are provided.
3. 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.
4. The design of the subdivision or proposed improvements are not likely to cause public
health problems.
5. 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 or U1at alternate easements for access or for use will
be provided, and that these alternative easements will be substantially equivalent to ones L
previously acquired by the public.
6. 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.
7. Adequate publ~c services and facilities exist or will be provided as the result of the
proposed tentative parcel map to support project development
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Resolution No. 3170
Page 2
Department of FISh and Game Required Findings of Exemption:
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 Tentative Parcel
Map Case No. 96-530.
2. Based on the initial study, a negative declaration has been drafted for review by the
public and Planning Commission and review and approval by the City Council.
3. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole the the City Council adopted the negative declaration fmding that there
is no 3ubstantial 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.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby adopts the negative declaration, instruc~ the secretary, to file a Notice of Determination;
and approves Tentative Parcel Map Case No. 96-530, with the above findings and subject to the
conditions as set forth in Attachment It A It, attached hereto and incorporated herein by this
reference.
On motion of Council Member Fuller , seconded by Council Member Souza ,
and by the following roll call vote, to wit:
A YES: Council Meni::;ers Fuller, Souza, Lady, and Ma.yor Dougall
NOES: ~ne
ABSENT: Council Member Brandy
the foregoing Resolution was adopted this 10thiay of Septe:nber, 1996~
A. R
ATTEST:
'1/~a.~ .
NANCY A. AVIS, CITY CLERK
APPROVED AS TO CONTENT:
KtJL"CLr L. Jt lwr--
ROBERT L..HUNT, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3170
PAGE 3
OFFICIAL CERTIFICATION
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County r
of San Luis Obispo, State of California, do hereby certify under
penalty of perjury, that the foregoing Re~olution No. 3170 is a
true, full, and correct copy of said Resolution passed and adopted
at a regular meeting of said Council on the 10th day of September,
1996.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 17th day of September, 1996.
'11~. ~
NANCY A. VIS, CITY CLERK
CITY OF ARROYO GRANDE
. [
A ITA CHl\1ENT "A" . .
CONDITIONS OF APPROVAL
Tentative Parcel Map Case No. 96-530
880 Oak Park Boulevard
GENERAL CpNDmONS
COMMUNITY DEVELOPMENT DEPARTMENT
This approval authorizes the subdivision of an existing 1.59 acre commercial parcel into three
(3) lots.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as ar6 applicable to this project.
2. The applicant shall comply with all conditions of approval for Vari~ce Case No. 96-195
and Conditional Use Permit Case No. 88-435, Amendment #2.
3. This tentative map approval shall automatically expire on September 10, 1998 unless the
final map is recorded or an extension is granted pursuant to Section 9-02~140.C. of the
Development Code.
4. Development shall occur in substantial conformance with the plans presented to the City
Council at the meeting of Sept~mber 10, 1996 and marked Exhibit "A".
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 with the PD 1.1 zoning requirements except as otherwise
approved.
7. The developer shall comply with Development Code Chapter 9-04, "Land DiVisions".
8. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees
and Reservations. "
JOINT MAINTENANCE AGREEMENT
9. Prior to recordation of the parcel map, access and parking easements, drainage
easements, and maintenance agreements shall be amended to include the new parcels and
submitted for review and approval of the City Attorney. The amended agreements shall
be recorded concurrently with the parcel map.
PUBLIC WORKS DEPARTMENT CONDmONS
All conditions of approval herein specified, unless otherwise noted, are to be
complied with prior to the filing or the map.
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. GRADING
10. All grading shall be done in accordance with Grading Ordinance No. 303 C.S.
IMPROVEMENTS
II. The following improvements shall be designed in accordance with City specifications and
standards:
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a,. Drainage ditches, culverts, and other structures (if drainage calculation is I
required) ;
b. Sewer plan; {
c. . Grading and erosion control plan for subdivision related improvements;
d. Public utility location.
12. Prior to approval of improvement plans, the applicant shall enter into an agreement
with the City for inspection of said improvements.
WATER
13. Fire hydrants shall be installed as required by the Fire Chief at intervals along all
commercial development public streets.
SEWER
14. The subdivider shall install sewer laterals to each buildable lot shown on the tentative
map at a size appropriate for proposed use. The minimum size shall be four inches (4").
PUBLIC UTILITIES
15. All new public utilities shall be undergrounded to comply with the Development Code.
16. Prior to occupancy oC any parcel within parcel map AG 95-108, all public utilities
shall be operational.
17. At time of Public Improvement Plan review, plans shall be submitted to all applicable
public utility companies including but not limited to Pacific Gas and Electric (p. G. & E.),
General Telephone (G.T.E.), Cable TV and Southern California Gas Company for
review. Comments from the utility companies regarding required easements, transformer
locations, etc. shall be forwarded to Public Works Department for review and approval.
EASEMENTSIDEDICA TrONS
18. In commercial s~bdivisions, the utility companies may require an easement to be (
dedicated. All public utility easements shall be shown on the map.
19. All easements to be abandoned by the map (Government Code Section 66499.20) shall
be clearly identified as such with City-approved notation on the tentative and final map.
SOIL TESTING
20. Prior to recordation of parcel map, a preliminary soils report, prepared by a civil
engineer registered in this state, and based upon adequate test borings, shall be required
c:ICCllldilions\TPM96-530
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and . submitted to Public Works Department to comply with Government Code 66490
(Subdivision Map Act). . .
FEES
Note: The fees given at this time are estimates calculated using rates currently in effect.
The actual amount due shall be calculated using fee rates in effect at the time of
payment.
2l. Map Checking - $215 plus $11 per lot. This fee wiU be collected prior to recordation
or parcel map.
22. Public Improvement P1an Plancheck and Inspection - Based on approved estimated
cost of public improvements.
23. All of the fee shall be collected prior to recordation of parcel map.
BONDS/SURETY
24. Faithful Perfonnance - 100% of the approved estimated cost of all public
improvements.
25. Labor & Materials - 50% of the approved cost estimate.
26. One Year Guarantee - 10% of the approved cost estimate.
27. Monumentation - Prior to recordation oC- the parcel map, amount set by the
developer's engineer and approved by the Public Works Department of the monuments
are to be set and accepted by the City.
REPORTS/PLANS
28. Prier to recordation oC the final map, a current preliminary title report shall be
submitted to the Public Works Director.
29. Public improvement plans prepared by a registered civil engineer. and approved by the
Public Works Department will be required. Improvement plans shall include surface
improvements plan and prome, underground improvements plan and profile, and signing
and striping plans for all arterial streets.
30. The developer shall be responsible during construction for cleaning city streets, curbs,
gutters and sidewalks of dirt tracked from the subject site. The flushing of dirt and
debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning
shall.be done after each day's ~ork or as directed by the Director of Public Works or
the Community Development Director.
31. All required improvements shall be designed and constructed in accordance with the City
of Arroyo Grande Standard Specifications and Drawings.
e:\Conditiml\TPM96-S30
.. .32.
Reciprocal access, utility and drainage easements may be required for the subject project
prior to issuance of building permits. The specific easements needed cannot be
determined at this time with the information submitted.
SPECIAL CONDITIONS
33. Prior to recordation of the parcel map, the applicant shall show and provide easements
of all public utilities (electric, telephone, cable, gas) installed in the construction of the (
medical office. Said easements shall be recorded with the parcel map.
34. Prior to recordation of the parcel map, the applicant shall show and provide easements
of water and sewer lines and fire hydrant. lines installed in the construction of medical
office.
35. Prior to recordation of the parcel map, the applicant shall submit As-Built Plans of all
public improvements installed in the construction of the medical building.
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