Loading...
R 3123 .- . .- RESOLUTION NO. 3123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN AMENDl\fi:NTTO VESTING TENTATIVE TRACT MAP NO. 1834 AND SPECIFIC DEVELOPl\1ErIT PLAN NO. 90-01, FOR THE PROPERTY LOCATED NORTH OF JAl'\iIES WAY IN THE .c' "RANCHO GRANDE" PLANNED DEVELOPMENT, f ; APPLIED FOR BY OTTSE, INC. ! ~ WHEREAS, on April 30, 1991, the City Council adopted Resolution No. 2467 approving Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01; and WHEREAS, on Febmary 22, 1994, the City Council adopted Ordinance 461 C.S. for payment of tr3nspOrtation 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 fjle an amended project to allow payment of fees pursuant to Ordinance 461 C.S.; _and WHEREAS, Onse, Inc. has submitted an amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 9O-Ql; and WHEREAS, said amendment requests modi:ficatio~ o( 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. 1834 and Specific Development Plan No. ~0-01 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 PIanning Commission, on February 20, 1996, held a duly noticed public hearing on the amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01; and WHEREAS, the City Council, on March 12, 1996, held - a duly noticed public hearing , I on the amendment to Vesting Tentative ~IaCt Map No. 1834 and Specific Development PIan No. i I 90-01; and l ,.:,~ . , WHEREAS, the City Council finds, after due study, del11Jeration and public hearing, the following circumstances exist: . 1. The proposed map, design and improvements of this subdivision are consisteIlt with' the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of the Development Code. . .. . . 3123 Resolution No. \ Amended Vesting Tentative Tract 1834 Ottse, Inc. March 12, 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 n~ ~ments, parking, drainage facilities, and setbacks C3I1 be provided. 3. The design of the tentative map or the proposed improvements are not Ii1cely to cause substantial and considerable damage to the natur.1l environmen~ including fish, wildlife or their habitat provided the mitigation measures adopted as conditions of approval are implemented. Furthermore, payment of the new transportation fucilities impact fee (as opposed to paying the traffic impact fee) will adequately mi~gate 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. 0 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 Warer Code. 7. Adequate public services and facilities exist or wiIl be provided as the result of the proposed Amended Tentative Tract Map. NOW, THEREFOn BE IT RESOLVED that the City Council of the City of Arroyo G1'3I1de hereby approves the amendment to Vesting Tentative Tract Map No. 1834 and Specific Development Plan No. 90-01, subject to the above findings and the following conditions of approval: CONDmONS FOR APPROVAL: General Conditions 1. The applicant shall comply with all the conditions of approval of Vesting Tentative Tract i Map No. 1834 and Specific Development.PIan No. 90-01 except as specificany modified herein. 2. The subdivider shall defend, indemnify and hold harmless the City, its agents, officers, and employees, from any claim, action or 1RuCO:ding brought within the time period provided for in Government Code Section 66499 .37, against the City its agents, officers, or employees, to ~trnc:k, set aside, void or annul the City'So approval of tIris subdivision. In order for this condition to be effective, the City must promptly notify subdivider of any such ~ action or proceeding and must cooperate fully in the defense thereof. . . . - Resolution No. 3 1 23 Amended Vesting Tentative Tract 1834 Ottse, Inc. March U, 1996 Page 3 3. This Amended Tentative Tract Map approval. sbaIl automatically expire on February 20, 1998 unless the map is recorded or an extension is granted pursuant to Section 9- .4'.... 02.140.C. of the Development Code. i , Mitigation Measures i 4. Mitigation Measure number 23 of Vesting Tentative Tract Map No. 1834 and Specific 1 Development Plan No. 90-01 approved on April 30, 1991 is deleted and replaced with this mitigation. Prior to recordation of the final map, the developer shall enter into an agreement with the City, in a fonn 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 N'me Dollars and Twenty Two Cents ($1,069.22) per residential unit, to be paid for each residential unit prior to issuance of building pennits or within five (5) years of recordation of the Amended Tentative Tract Map, whichever comes first. On motion of Council Member Souza , seconded by Council Member Fuller , and by the following roll call vote, to wit AYES: Council Members Souza, Fuller, and Mayor Dougall NOES: Council Member Brandy AJBS]1ff: Council Member Lady the foregoing Resolution was adopted this 12tQfay of March , 1996. ATI'EST: lJ a ~ N . ~VIS, ~ CLERK APPROVED AS TO CONTENT: ~a~lll ILt ! C , I \ ".-. ROBERTL. HUNT, CITY MANAGER APPROVED AS TO FORM: R . " Resolution No. 3123 . Page 3 I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under p:nal ty of perjury that the foregoing Resolution No. 3123, is a true, full and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 12th day of March, 1996. WITNESS my hand and the Seal of the City of Arroyo Grande affixed tilis 18t:tfuy of March, 1996. ~ ~a. ~ CITY CLE .