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PC R 16-2252RESOLUTION NO. 16-2252 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE PARCEL MAP 15-002 AND PLANNED UNIT DEVELOPMENT 15-002; LOCATED AT 189 BRISCO ROAD; APPLIED FOR BY EDWARD SHAPIRO WHEREAS, the applicant has filed Tentative Parcel Map 15-002 and Planned Unit Development 15-002 to subdivide the subject property located at 189 Brisco Road into four (4) lots to construct four (4) attached townhomes; and WHEREAS, the Planning Commission has reviewed the 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 previously adopted a Mitigated Negative Declaration (MND) prepared for a project with greater impacts, therefore adequately mitigating the current project; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the project at a duly noticed public hearing on May 3, 2016; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings 1. The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any Specific Plan, and the requirements of this title; The proposed Parcel Map is consistent with the goals, objectives, and policies of the General Plan, specifically Policies LU3-3, LU11-1, and LU11-3 of the General Plan Land Use Element. 2. The site is physically suitable for the type of development proposed; The site is approximately 21,200 square feet and is physically suitable for four residences as proposed on a residential infill lot. 3. The site is physically suitable for the proposed density of development; The site is 21,200 square feet, is located in the Multi -Family Apartment zoning district, and is physically suitable for the density of four residences as proposed. RESOLUTION NO. 16-2252 PAGE 2 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The tentative parcel map is proposed on an infill residential lot and the design of the map and associated improvements are not likely to cause substantial environmental damage. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems; The design of the parcel map on an infill residential lot and the type of improvements proposed is not likely to cause serious public health problems. 6. 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 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; The project site does not contain any existing public easements and therefore the proposed project will not interfere with any public easements. All existing private easements will remain or be appropriately updated. 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 by Division 7 (commencing with Section 13000) of the California Water Code; The proposed discharge of waste into the existing waste system is conditioned to meet requirements. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development; Adequate public services and facilities exist for the proposed parcel map and subsequent development. RESOLUTION NO. 16-2252 PAGE 3 Planned Unit Development Findings: 1. That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan. The proposed Parcel Map and subsequent residential development is consistent with the goals, objectives, and policies of the General Plan, specifically Policies LU3-3, LU11-1, and LU11-3 of the General Plan Land Use Element. 2. That the site for the proposed development is adequate in size and shape to accommodate the use and all yards, open spaces, setbacks, walls and fences, parking area, loading areas, landscaping, and other features required. With the flexibility offered by the Planned Unit Development and the modified development standards for lot size and setbacks, the site is adequate to meet the intent of the Multi -Family Apartment zoning district. 3. That the site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. The site has adequate common access from Brisco Road for the design of the proposed project and the newly created lot. 4. That adequate public services exist, or will be provided in accordance with the conditions of development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of such public services to properties in the vicinity so as to be a detriment to public health, safety or welfare. The proposed development is consistent with the General Plan, adequate public services are available to serve the project, and proposed development will not result in a reduction of public services in the vicinity so as to be a detriment to public health, safety or welfare. 5. That the proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area. With the flexibility offered by the Planned Unit Development and the modified development standards for lot size and setbacks, the project will not have an adverse effect on the surrounding property. RESOLUTION NO. 16-2252 PAGE 4 6. That the improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards. There are no known natural and manmade hazards associated with the proposed development and the project site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the planned unit development provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. The planned unit development provides a more efficient use of the land by allowing modifications to the development standards for lot size and setbacks and allowing for an additional residential lot in the Multi -Family Apartment zoning district. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). The proposed development meets the standards of Planned Unit Developments including open space requirements. 9. The clustering of dwelling units is approved pursuant to a specific plan, planned unit development, or similar mechanism. The Planned Unit Development is allowing for the clustering of residences in a small lot, detached format in the Multi -Family Apartment zoning district. 10. The overall permitted density of the project area is not exceeded. The overall density of the proposed project is in compliance with the original allowable density of the project site. 11. The resulting project will not require a greater level of public services and facilities than would an equivalent nonclustered project. The development resulting from the Planned Unit Development will be of a density consistent with the zoning district and will therefore not require a greater level of public services and facilities than an equivalent nonclustered project. RESOLUTION NO. 16-2252 PAGE 5 12. The result of clustering residential units is a more desirable and environmentally sensitive development plan which creates usable open space areas for the enjoyment of project residents and which preserves significant environmental features. The result of clustering lots allows for the development of additional residential lots and reduces development pressure on non in -fill lots. 13. The project development pattern, including the net density of developed area and proposed lot sizes which result from clustering are compatible with surrounding areas. With modifications to lot size and setbacks, the resulting development will be at a scale and intensity consistent and compatible with the surrounding properties. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Tentative Parcel Map 15-002 and Planned Unit Development 15-002 as shown in Exhibit "B", attached hereto and incorporated herein by this reference, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Chair George, seconded by Commissioner Mack, and by the following roll call vote, to wit: AYES: George, Mack, Fowler -Payne, Martin, Keen NOES: None ABSENT: None the foregoing Resolution was adopted this 3rd day of May, 2016. RESOLUTION NO. 16-2252 PAGE 6 L AAZ l) L N GE CHAIR ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERE'SAWtCLISH COMMUNITY DEVELOPMENT DIRECTOR RESOLUTION NO. 16-2252 PAGE 7 EXHIBIT `A' CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 15-002 AND PLANNED UNIT DEVELOPMENT 15-002 189 BRISCO ROAD This approval authorizes the subdivision of one (1) lot into four (4) lots and development four (4) residences in the Multi -Family Apartment (MFA) zoning district. PLANNING DIVISON CONDITIONS GENERAL CONDITIONS: 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 Parcel Map 15-002 and Planned Unit Development 15-002. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of May 3, 2016 and marked Exhibit 1181 4. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 5. Development shall conform to the Multi -Family Apartment (MFA) zoning district standards except as otherwise approved. 6. All conditions of approval for the project shall be included in construction drawings. 7. This approval shall expire on May 3, 2018 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, including those specifically modified by these conditions. 9. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. RESOLUTION NO. 16-2252 PAGE 8 10. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 11. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by these conditions. 12. The developer shall comply with Development Code Chapter 16.56, "Parking and Loading Requirements". All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. 13. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code. Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. The developer shall invite neighbors to the project's preconstruction meeting and provide regular notice to neighboring residences during heavy disruption events, including, but not limited to, material deliveries, concrete deliveries, and impacts to the driveway. Hours for large truck deliveries shall be limited to 8 AM until 4 PM Monday through Friday. 14. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 15. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Model Water Efficient Landscaping Ordinance). 16. For projects approved with specific exterior building colors, the developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 17. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent to a fire access roadway, away from the public right-of-way, incorporated into the design of the site, and screened to the maximum extent feasible. 18. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an RESOLUTION NO. 16-2252 PAGE 9 immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. SUBDIVISION CONDITIONS 19. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations." 20. The applicant shall comply with Development Code Chapter 16.20 "Land Divisions". 21. The developer shall comply with Development Code Chapter 16.68 "Improvements". 22. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are reviewed and approved by the City Attorney and recorded prior to or concurrently with the final map. At a minimum, the CC&R's shall: a. Provide for maintenance of the driveways, common areas, and other facilities; b. Prohibit additions to the units; C. Require garages to be kept clear for parking cars at all times; and d. Inform residents of the water conservation requirements placed on this project. 23. A joint maintenance agreement for the common landscape, drainage and access driveway shall be submitted for review and approval of the City Attorney. The joint maintenance agreement shall be recorded prior to or concurrently with the final map. SEPCIAL CONDITIONS 24. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be of energy efficient material (e.g., LED. 25. The project shall comply with all mitigation measures contained in the Mitigated Negative Declaration prepared for Tentative Tract Map 06-003 and Planned Unit Development 06-003 and previously adopted by the Planning Commission, incorporated herein by reference. RESOLUTION NO. 16-2252 PAGE 10 BUILDING AND LIFE SAFETY DIVISION CONDITIONS GENERAL CONDITIONS: BUILDING CODES 26. The project shall comply with the most recent editions of all California Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 27. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 28. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 29. Prior to occupancy, all fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 30. Project shall have a fire flow based on the California Fire Code. FIRE SPRINKLERS 31. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 32. Provide Fire Department approved access & sprinkler -system per National Fire Protection Association Standards. ABANDONMENT / NON -CONFORMING 33. Prior to map recordation, issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non -conforming items such as septic tanks, wells, underground piping and other undesirable conditions. SPECIAL CONDITIONS 34. One week prior to scheduling of final inspection or any issuance of certificate of occupancy, a project inspection by the Building, Planning and Engineering Divisions and Public Works Department is required. RESOLUTION NO. 16-2252 PAGE 11 FEES 35. Pay all required City fees at the time they are due (for your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 36. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 37. Water neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 38. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 39. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 40. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 41. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 42. Strong Motion Instrumentation Program (SMTP) fee and State Green Building fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 43. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. 44. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. 45. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. 46. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 47. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. 48. Reimburse the City for all Land Survey Professional Service needs to process project prior to issuance of Building Permit RESOLUTION NO. 16-2252 PAGE 12 PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. ENGINEERING DIVISION CONDITIONS RESOLUTION NO. 16-2252 PAGE 13 POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 49, The Applicant shall develop, implement and provide the City a: a. Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). 50. Prior to any Permit — Stormwater Control Plan. The Stormwater Control Plan must include, at minimum: Contents a. Project information including project name; application number; location; parcel numbers; applicant contact information; land use information; site area; existing, new, and replaced impervious area, and applicable PCR requirements and exceptions. b. Narrative analysis or description of site features and conditions, and opportunities and constraints for stormwater control. c. Narrative description of site design characteristics that protect natural resources including endangered species habitat, protected vegetation, and archaeological resources, and preserve natural drainage features, minimize imperviousness, and disperse runoff from impervious areas. d. Tabulation of proposed pervious and impervious DMAs, showing self - treating areas, self-retaining areas, areas draining to self-retaining areas, and areas tributary to each LID facility. e. Proposed sizes, including supporting calculations, for each LID facility. f. Narrative description of each DMA and explanation of how runoff is routed from each impervious DMA to a self-retaining DMA or LID facility. g. Description of site activities and potential sources of pollutants. h. Table of pollutant sources identified from the list in Appendix A and for each source, the source control measure(s) used to reduce pollutants to the maximum extent practicable. i. Description of signage for bioretention facilities. j. General maintenance requirements for bioretention facilities and site design features. k. Means by which facility maintenance will be financed and implemented in perpetuity. RESOLUTION NO. 16-2252 PAGE 14 I. Statement accepting responsibility for interim operation & maintenance of facilities. F_xhibits a. Existing natural hydrologic features (depressions, watercourses, relatively undisturbed areas) and significant natural resources. b. Proposed design features and surface treatments used to minimize imperviousness and reduce runoff. c. Existing and proposed site drainage network and connections to drainage off-site. d. Entire site divided into separate Drainage Management Areas (DMAs). Each DMA has a unique identifier and is characterized as self-retaining (zero -discharge), self -treating, or draining to a LID facility. e. Proposed locations and footprints of LID facilities. f. Potential pollutant source areas, including loading docks, food service areas, refuse areas, outdoor processes and storage, vehicle cleaning, repair or maintenance, fuel dispensing, equipment washing, etc. 51. Prior to Final Approval - Operations and Maintenance Plan. The Operations and Maintenance Plan must include, at minimum: a. Stormwater Control Measures report number b. A site map identifying all Stormwater Control Measures requiring Operations and Maintenance practices to function as designed. c. Operations and Maintenance Procedures for each structural stormwater control measure including, but not limited to, Low Impact Design facilities, retention and detention basins, and manufactured or propriety devices operations and maintenance. d. Short -and long-term maintenance requirements, recommended frequency of maintenance, and estimated cost for maintenance. 52. Prior to Occupancy - Maintenance Agreement. The Applicant shall provide a signed statement accepting responsibility for the Operations and Maintenance of the installed Storm Water Control Measures. The Applicant shall include written conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally enforceable mechanism that require the assumed responsibility for the Operations and Maintenance of Stormwater Control Facilities. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion dates of the following milestones i. Construction ii. Field verification of Stormwater Control Facilities iii. Final Project approval/occupancy d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as RESOLUTION NO. 16-2252 PAGE 15 required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. 53. Annual - Maintenance Notification. The Owner/Applicant shall provide a signed statement notifying the City of all maintenance of the installed Storm Water Control Measures. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. GENERAL CONDITIONS: 54. 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 cleaning shall be done after each day's work or as directed by the Public Works Director. 55. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. 56. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 57. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 58. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD as well as PDF format shall be required. Record Drawings ("as -built" plans) are required to be submitted prior to release of the Faithful Performance Bond. RESOLUTION NO. 16-2252 PAGE 16 59. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie -out survey monuments or vertical control bench marks within 24 inches of work. Should any existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the project acceptance or sign off of the Encroachment Permit. 60. Provide new vertical control survey bench mark, per City Standard, as directed by City Engineer, IMPROVEMENT PLANS 61. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California and approved by the Public Works or Community Development Department: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, C. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Other improvements as required by the Community Development Director. (NOTE: All plan sheets must include City standard title blocks, no larger than 24" x 36"). g. Provide Construction Estimate of all public improvements using unit construction cost as provided by the County of San Luis Obispo. 62. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location and dimension of all existing and proposed paved areas. C. The location of all existing and proposed public or private utilities. d. Provide plan and profile with grades for all curb, gutter and sidewalk installations. 63. Improvement plans shall include plan and profile of existing and proposed retaining walls (if applicable). 64. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. RESOLUTION NO. 16-2252 PAGE 17 65. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 66. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City or Caltrans). WATER 67. Non -potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters or the use of potable water for construction purposes. 68. Fire sprinkler engineer shall determine the size of the water meters. 69. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 70. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 71. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 72. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee in the amount to be calculated at the time of building permit issuance. .qFINFR 73. All sewer laterals within the public right of way must have a minimum slope of 2%. 74. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 75. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. RESOLUTION NO. 16-2252 PAGE 18 PUBLIC UTILITIES 76. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. 77. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 78. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the Director of Public Works for approval. STREET IMPROVEMENTS 79. All street repairs shall be constructed to City standards. 80. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 81. Street structural sections shall be determined by an R -Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. CURB, GUTTER, AND SIDEWALK 82. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 83. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 84. At time of Building Permit - Provide parking restricted red curb at proposed driveway entrance in conformance with City Engineering Standard 104 -AG and repave driveway. 85. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. All driveway approaches must provide ADA compliant walkway. A bulbout may be considered to provide the ADA compliance walkway. GRADING AND DRAINAGE 86. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies of the final project -specific Storm Water Pollution Prevention Plan RESOLUTION NO. 16-2252 PAGE 19 (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 87. All grading shall be performed in accordance with the City Grading Ordinance. 88. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 89. Submit a soils report for the project 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. 90. Infiltration basins shall be designed based on soil tests. Infiltration test shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. DEDICATIONS AND EASEMENTS 91. All easements, abandonments, lot mergers or similar documents to be recorded as a separate document, shall be prepared by the applicant on 8 1/2 x 11 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. 92. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide 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. PERMITS 93. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 94. Obtain a grading permit prior to commencement of any grading operations on site. FEES 95. Pay all required City fees at the time they are due. 96. Fees to be paid prior to plan approval: a. Map check fee for lot merger. RESOLUTION NO. 16-2252 PAGE 20 b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 97. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 98. Improvement Agreement: The applicant shall enter into an improvement agreement for the completion and guarantee of improvements required. The improvement agreement shall be on a form acceptable to the City. 99. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 100. Erosion Control, prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. 101. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director: 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. This financial security may be waived if the developer's surveyor submits to the Community Development Director a letter assuring that all monumentation has been set. RESOLUTION NO. 16-2252 PAGE 21 OTHER DOCUMENTATION 102. Tax Certificate: 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. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the final map on the City Council Agenda for approval. 103. Preliminary Title Report: A current preliminary title report shall be submitted to the Community Development Director prior to checking the final map. 104. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Community Development Director with the final map. PRIOR TO ISSUING A BUILDING PERMIT 105. The Final Map shall be recorded with all pertinent conditions of approval satisfied. 106. Reimburse the City for all Land Survey Professional Service needs to process the Final Map PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 107. All utilities shall be operational. 108. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Community Development Director. BONDING SURETY 109. 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, and shat: 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. 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. RESOLUTION NO. 16-2252 PAGE 22 e. Tax Certificate, In accordance with Section 9-15.130 of the Development Code, 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. f. Accessory Structures, the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. g. Curb cuts, the applicant shall construct or bond for construction of individual curb cuts and paved driveways for parcels. PUBLIC WORKS DEPARTMENT CONDITIONS 110. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to review by and approval of the Public Works Director. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS 111. Incorporate more density into the landscape plan. 112. Replace the silk floss trees with an alternate tree species that requires less maintenance. 113. Soften the appearance of the retaining wall of the drainage basin by incorporating additional landscaping above and below the wall. 114. Minimize the driveway wall to increase pedestrian safety. 115. Provide additional window detailing, including inset windows, on the north elevation. PLANNING COMMISSION CONDITIONS 116. The developer shall work with City staff to specify the size of required driveway bulbout. 117. The depth of the drainage basin shall be no more than two feet (2) to eliminate the need for fencing. Should a deeper basin be necessary and require installation of a fence, the fence design shall require Design Review by the Architectural Review Committee for a recommendation to the Community Development Director. 118. All new driveway grades shall comply with the latest edition of Engineering Standard 2130. 119. 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