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R 3693 RESOLUTION NO. 3693 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP 02..003; LOCATED AT 1595 EAST GRAND AVENUE; APPLIED FOR BY MATSUMOTO REVOCABLE TRUST WHEREAS, the applicant has filed Tentative Tract Map 02-003 to subdivide a 1.5-acre portion of a parcel located at 1595 East Grand Avenue; and WHEREAS, the Planning Commission of the City of Arroyo Grande was unable to make a recommendation to the City Council regarding Tentative Tract Map 02-003; and WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative Tract Map 02-003 at a public hearing on June 24, 2003 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 Development Code; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has found that potential environmental impacts have been addressed in the Final Environmental Impact Report (FEIR) for the Berry Gardens Specific Plan; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Tract Map Findings 1. The proposed tentative tract map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande general plan, as well as any applicable specific plan, and the requirements of this title. 2. The site is physically suitable for the type of development proposed. 3. The site is physically suitable for the proposed density of development. 4. The design of the tentative tract map or the- proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. RESOLUTION NO. 3693 Page 2 of 10 6. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public-at-Iarge 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 as 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 S\lpport project development. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Tentative Tract Map 02-003, as shown in Exhibit "B" with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution shall become effective when Ordinance No. 543 (Development Code Amendment 02-002) becomes effective. On motion by Council Member Lubin, seconded by Council Member Costello, and by the following roll call vote, to wit: AYES: Council Members Lubin, Costello, Dickens NOES: None ABSENT: Council Member Runels and Mayor Ferrara the foregoing Resolution was adopted this 24th day of June, 2003. . # ~ RESOLUTION NO. 3693 Page 3 of 10 TONYM~ ATTEST: fJ.&/LL- RE, DIRECTOR OF ADMINISTRATIVE SERVicES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: <Sf~CITY MANAGER APPROVED AS TO FORM: 4;--. RESOLUTION NO. 3693 Page 4 of 10 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 02.Q03 1595 EAST GRAND AVENUE This approval authorizes the subdivision of a portion of residential/commercial parcel into nine single-family lots. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Tentative Tract Map 02-003. 3. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of June 24, 2003 and marked Exhibit "B". 4. This tentative map approval shall automatically expire on August 7, 2005 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 5. Development shall conform to the Single-Family Residential - Specific Plan (SFR-SP) zoning requirements except as otherwise approved. 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. SPECIAL CONDITION: 7. Prior to issuance of building permits, the applicant shall pay an affordable housing in-lieu fee equal to the greater of 3% of construction costs or the affordable housing in-lieu fee duly authorized by Ordinance in effect at the time building permits are issued. RESOLUTION NO. 3693 Page 5 of 10 BUILDING AND FIRE DEPARTMENT GENERAL CONDITIONS: 10. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 11. Project shall have a fire flow of 1,000 gallons per minute for a duration of 2 hours. 12. Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. 13. Prior to occupancy, buildings on lots 4 through 9 must be fully sprinklered per Building and Fire Department guidelines, if required by the Fire Department. 14. An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements at a location approved by the Fire Chief. 15. Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 16. Prior to issuance of a building permit, County Health Department approval is required for well removal, if applicable. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT: 17. Water mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. 18. Water distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. 19. 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. 20. Water supply 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. 21. Traffic impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 461 C.S., Resolution 3021. RESOLUTION NO. 3693 Page 6 of 10 22. Traffic signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 346 C.S., Resolution 1955. 23. 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. 24. Drainage fee, as required by the area drainage plan for the area being developed. 25. Strong Motion Instrumentation Program (SMIP) ~ee, to be based on codes and rates in effect at the time of development in accordance with State mandate. 26. Building permit fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. PUAUC WORKS DEPARTMENT CONDITIONS GENERAL CONDITIONS: 27. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 28. All project improvements shall be designed and constructed in accordance with City standards and specification~. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading and drainage. b. Erosion control. c. Street paving, curb, gutter and sidewalk. d. Public utilities. e. Water and sewer. f. Landscaping and irrigation. 29. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 30. The site plan shall include the following: a. The location and size of all water, sewer, and storm .drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all sewer laterals. c. The location, quantity and size of all water laterals. d. The location, size and orientation of all trash enclosures. e. All lot lines and easements crossing the property. f. The location and dimension of all paved areas. g. The location of all public or private utilities. RESOLUTION NO. 3693 Page 7 of 10 31. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. 32. 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. 33. Prior to acceptance of the improvements, the applicant shall provide one reproducible mylar set and an electronic (e.g. Autocad) file of the approved record drawings (as builts) signed and stamped by the engineer of record. 34. 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 cJeaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 35. Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 36. The applicant shall be responsible for obtaining an encroachment permit for all work within the public right of way. 37. A traffic control plan will be required for any partial or full street or shoulder closure necessary during construction. The Traffic Control plan is subject to the approval of the Director of Public Works. STR~ETIMPROVEMENTS 38. Blackberry Avenue shall be designed and constructed to street standards established by the Berry Gardens Specific Plan, incJuding the following: a. 5 feet wide detached concrete sidewalks per City Standards to match existing. b. 50 feet wide right-of-way. c. 25 mile per hour design speed. d. entire paved area of street section between gutter lines shall be ground and overlayed with a minimum of 11/2 .. of asphalt to match existing for the width of the project frontage following sawcutting and installation of the various utility laterals. e. restriped after overlay. RESOLUTION NO. 3693 Page 8 of 10 39. Strawberry Avenue shall be designed and constructed to street standards established by the Berry Gardens Specific Plan, including the following: a. 36 feet street width from curb to curb. b. 5 feet wide detached concrete sidewalks with concrete curb and gutter on both sides of the street. c. 50 feet wide right-of-way. d. 25 mile per hour design speed. e. City standard cul-de-sac design. f. existing utility mains to be extended into the cul-de-sac. DFDICA TIONS AND EASEMENTS 40. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8YzX11 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. 41. A Public Utility Easement (PUE) shall be dedicated a minimum 11 feet wide established by the Berry Gardens Specific Plan adjacent to all street right-of- ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 42. A 5-foot sidewalk easement established by the Berry Gardens Specific Plan shall be dedicated adjacent to all street right-of-ways to match existing. 43. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. GRADING AND DRAINAGE 44. All grading shall be done in accordance with the City Municipal Code Section 13.24. 45. 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. f 46. All drainage facilities shall be designed to accommodate a 100-year storm flow. I I i I -"._~-- --- RESOLUTION NO. 3693 Page 9 of 10 47. The storm water run-off from the proposed Strawberry Avenue cul-de-sac is to be directed down Courtland Street to the Berry Gardens Drainage Basin. 48. The storm water run-off from the lots along Blackberry Avenue is to be directed down Cranberry Street to the Berry Gardens Drainage Basin. WA TER 49. The applicant shall connect the new 8-inch water main in Strawberry Avenue to the existing 8-inch water main in accordance with City Standards and as approved by the Director of Public Works. 50. All new water mains shall be a minimum of 8". 51. No combustible materials to be brought onto site without Fire Department approved fire access and water supply. 52. Fire hydrants are to be installed in accordance with the Fire Department guidelines at locations to be approved by the City of Arroyo Grande Fire Chief. 53. Abandon any existing private wells on site. Obtain "Certificate of Abandonment" from the County of San Luis Obispo prior to final approval. WASTEWATER 54. Each lot shall be provided a separate sewer lateral. 55. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 56. All new sewer mains shall be a minimum of 8". 57. The applicant shall connect the new 8-inch sewer main in Strawberry Avenue to the existing 8-inch sewer main in accordance with City Standards and as approved by the Director of Public Works. Pl JBI IC UTiliTIES 58. All new public utilities shall be installed as underground facilities. 59. Prior to approving any building permit within the project for occupancy, all public utilities shaD be operational. RESOLUTION NO. 3693 Page 10 of 10 60. All 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. 61. The Final Map shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded ~o the Director of Public Works for approval. FEES AND BONDS 62. The applicant shall pay all applicable City fees when they are due. 63. 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. 64. The applicant shall provide bonds or other financial security for the following. 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. d. Monumentation, 100% of the estimated cost of setting survey monuments. 65. 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. The minimum term for Improvement securities shall be one year longer than the schedule for completion of improvements described in the subdivision agreement. 66. 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. 67. A current preliminary title report shall 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. j . . RESOLUTION NO. 3693 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of pe~ury, that Resolution No. 3693 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 24th day of June, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27th day of June, 2003. . I IJuLLw~ E, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK r ~, " ----------.---- -'- -~"-_.._- ----