R 3161
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RESOLUTION NO. 3161
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AN AMENDMENT TO
VESTING TENTATIVE TRACT MAP NO. 1997 AND
SPECIFIC DEVELOPlVIENT PLAN NO. 90-04, FOR THE
PROPERTY LOCATED NORTII OF JAl\1ES WAY AND
WEST OF LA CANADA IN THE "RANCHO GRANDE"
PLANNED DEVELOPMENT, APPLIED FOR BY OTTSE,
INC.
WHEREAS, on April 30, 1991, the City Council adopted Resolution No. 2469
approving Vesting Tentative Tract Map No. 1997 and Specific Development Plan No. 90-04;
and
WHEREAS, on February 22, 1994, the City Council adopted Ordinance 46J C.S. for
payment of transportation facilities impact fees; and
WHEREAS, as part of the approval of Ordinance 461 C.S., the City Council adopted
- a policy that allowed developers, under specified circumstances, to file an amended project to
allow payment of fees pursuant to Ordinance 461 C.S.; and
WHEREAS, Ottse, Inc. has submitted an amendment to Vesting Tentative Tract Map
No. 1997 and Specific Development Plan No. 90-04; and
WHEREAS, said amendment requests modification of mitigation measure number 23 to
allow payment of traffic mitigation fees pursuant to Ordinance 461 C.S.; and
WHEREAS, the City Council of the City of Arroyo Grande has considered said
amendment to Vesting Tentative Tract Map No. 1997 and Specific Development Plan No. 90-04
in accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, an Addendum to the Environmental Impact Report for the Rancho Grande
Subdivision has been prepared pursuant to the provisions of the California Environmental Quality
Act (CEQA); and
WHEREAS, the Planning Commission, on July 16, 1996, held a duly noticed public
hearing on the amendment to Vesting Tentative Tract Map No. 1997 and Specific Development'
Plan No. 90-04; and
WHEREAS, the City Council, on August 13, 1996, held a duly noticed public hearing
on the amendment to Vesting Tentative Tract Map No. 1997 and Specific Development Plan No.
\ , 90-04; and
WHEREAS, the City Council fmds, after due study, deliberation and public hearing,
the following circumstances exist:
1. The proposed map, design and improvements of this subdivision are 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.
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Resolution No. 3161
Amended Vesting Tentative Tract 1997
Ottse, Inc.
August 13, 1996
Page 2
2. This site as shown on the tentative map, is physically suitable for the proposed type and
density of development because all necessary easements, parking, drainage facilities, and .~
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setbacks can be provided. t
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3. The design of the tentative map or the proposed improvements are not likely to cause t
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. substantial and considerable damage to the natural environment, including fish, wildlife ..
or their habitat provided the mitigation measures adopted as conditions of approval are
implemented. Furthermore, payment of the new transportation facilities impact fee (as
opposed to paying the traffic impact fee) will adequately mitigate project impacts on City
transportation facilities.
4. The proposed design of the subdivision and proposed improvements are not likely to
cause public health problems.
, 5. The design of the proposed Amended 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 Amended 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.
6. The discharge of waste from the proposed subdivision 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.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed i\ mended Tentative Tract Map.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves the amendment to Vesting Tentative Tract Map No. 1997 and Specific
Development Plan No. 90-04, subject to the above findings and the following conditions of
approval:
CONDITIONS FOR APPRO V AL:
General Conditions i
1. The applicant shall comply with all the conditions of approval of Vesting Tentative Tract I
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Map No. 1997 and Specific Development Plan No. 90-04 except as specifically modified I
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herein. I
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2. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers,
and employees, from any claim, action or proceeding brought within the time period
provided for in Government Code Section 66499.37, against the City its agents, officers,
or employees, to attack, set aside, void or annul the City's approval of this subdivision.
In order for this condition to be effective, the City must promptly notify subdivider of
any such claim, action or proceeding and must cooperate fully in the defense thereof.
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Resolution No. 3161
Amended Vesting Tentative Tract 1997
Ottse, Inc.
August 13, 1996
Page 3
3. This Amended Tentative Tract Map approval shall automatically expire on August 13,
; 1998 unless the map is recorded or an extension is granted pursuant to Section 9-
02. 140.C. of the Development Code.
Mitigation Measures
4. Mitigation Measure number 23 of Vesting Tentative Tract Map No. 1997 and Specific
Development Plan No. 90-04 approved on April 30, 1991 is deleted and replaced with
this mitigation. Prior to recordation of the fmal map, the developer shall enter into an
agreement with the City, in a form acceptable to the City Attorney, whereby, the
developer agrees, on behalf of himself and his successors in interest, to pay the City a
fee of One Thousand, Sixty Nine Dollars and Twenty Two Cents ($1,069.22) per
residential unit, to be paid for each residential unit prior to issuance of building permits
or within five (5) years of recordation of the Amended Tentative Tract Map, whichever
comes first.
On motion of Council Member Fuller , seconded by Council Member Souza ,
and by the following roll call vote, to wit:
A YES: Fuller, Souza, Lady, Brandy" and Mayor Dougall
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 13th day of August, 1996.
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ATTEST: A. K. "PETE" DOUGALL, ~ YOR
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NANCY A. AVIS, CITY CLERK
APPROVED AS TO CONTENT:
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~ ROBERT L. HUNT, CITY MANAGER
APPROVED AS TO FORM:
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RESOLUTION NO. 3161
PAGE 4
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, r
County of San Luis Obispo, State of California, do hereby certify
under penalty of perjury, that the attached Resolution No. 3161 ".
is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of
Arroyo Grande on the 13th day of August, 1996.
WITNESS my hand and the Seal of the City of Arroyo Grande
affixed this 26th day of August, 1996.
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NANCY A. VIS, CITY CLERK
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