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PC R 15-2224 RESOLUTION NO. 15-2224 A- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, AND APPROVING TENTATIVE TRACT MAP 13-003 (TRACT 3054) AND PLANNED UNIT DEVELOPMENT 14-004 AND CLARIFYING A GENERAL PLAN LAND USE MAP AMBIGUITY; LOCATED AT 1029 ASH STREET; APPLIED FOR BY ASH STREET INVESTORS WHEREAS, the applicant has filed Tentative Tract Map 13-003 and Planned Unit Development 14-004 to approve a new 8 lot residential subdivision in the Single Family Residential (SF) zoning district; WHEREAS, the Planning Commission of the City of Arroyo Grande("Planning Commission") 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 reviewed the draft Mitigated Negative Declaration; and WHEREAS, the Planning Commission has reviewed the project at a duly noticed public hearing on May 5, 2015; and WHEREAS, the Planning Commission 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. The proposed tentative tract map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, and the requirements of this title. 2. The site is physically suitable for the type of development proposed-: , The site is physically suitable for single family residential development as a residential infill location. 3. The site is physically suitable for the proposed density of development. The site is physically suitable as designed for the density of development with the 'modified lot coverage, FAR, and setback standards. RESOLUTION NO. 15-2224 ' . MAY 5, 2015 PAGE 2 of 28 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. Per CEQA requirements, a Mitigated Negative Declaration was prepared for the project that includes mitigation measures that will reduce potential impacts to a less than significant level. i 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision is not likely to cause serious public health problems. 6. The design of the 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 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. There are no existing public easements on the property. 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. The proposed discharge of waste into the existing system is conditioned to meet requirements. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. 9. For a proposed subdivision that includes, or is adjacent to an agriculture district; the design of the tentative map or proposed improvements shall provide an adequate buffer, according to Section 16.12.170(F) and as further determined through environmental review under CEQA, to minimize potential conflicts between agricultural and non-agricultural land uses and to protect the public health, safety and welfare. Project is not adjacent to agricultural uses. 1 RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 3 of 28 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 project is consistent with the goals and objectives of the General Plan by providing single family residential lots. 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, FAR, and setbacks, the site is adequate to meet the intent of the single family residential 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; With the tree protection requirements and modifications, the private drive provides adequate access to the new lots. 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; 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 lot coverage, FAR and setback modifications, the project will not have an adverse effect on the surrounding property. 6. That the improvements required, and the manner of development, adequately address all natural and manmade hazards associated with the proposed RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 4 of 28 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 coverage, FAR and setbacks and design guidelines for future lot development including special tree protection measures. 8. The proposed development complies with all applicable performance standards listed in Section 16.32.050(E). The proposed development meets the standards of the Planned Unit Development by utilizing overall project open space and restricting Lot 8 from further subdivision. For a clustered residential development the following additional findings of fact shall be made by the planning commission: 9. The clustering of dwelling units is approved pursuant to a specific plan, planned unit development, or similar mechanism; The Planned Unit Development will allow the clustering of Lots 1-7 to preserve the large estate size of Lot 8, which will be restricted from further subdivision. 10. The overall permitted density of the project area is not exceeded; The overall allowable_density of the project site is not exceeded. 11. The resulting project will not require a greater level of public services and facilities than would an equivalent nonclustered project; The resulting project will not require a greater level of public services and facilities than would an equivalent nonclustered project. { RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 5 of 28 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 will preserve the large existing estate lot and provides design guidelines that will assist in preserving existing oaks during future lot development. 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 the lot coverage, FAR and setback modifications, the project will be compatible with the surrounding property. Clarification of General Plan Land Use Map Ambiguity Findings: 1. The 1990 General Plan Land Use Map designates the property as Single Family (SF). 2. The Zoning Map designates the property as SF. 1 3. During the 2001 update of the 1990 General Plan Land Use Map, the property 1 was not a property whose land use designation was proposed to be changed. 4. The Community Facility (CF) designation of the property on the updated 2001 General Plan Land Use Map was a graphical error made during preparation of the new color format and was not a deliberate change. _ 5. The Land Use Map should be corrected to designate the property as SF during the next update of the General Plan Land Use Map. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts the Mitigated Negative Declaration and approves Tentative Tract Map 13-003 and Planned Unit Development 14-004, and clarifies that the land use designation of the property on the General Plan Land Use Map shall be Single Family (SF) with the above findings and subject to the conditions as set forth in Exhibit "A", and as depicted in Exhibit "B" attached hereto and incorporated herein by this reference. On motion by Commissioner Martin, seconded by Commissioner Keen, and by the following roll call vote, to wit: - AYES: Martin, Keen, Mack NOES: George ABSENT: Fowler-Payne I _ . the foregoing Resolution was adopted this 5th day of May, 2015. 1 RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 6 of 28 ATTEST: DEBBIE WEICHINGER? LAN GEV) G SECRETARY TO THE COMMISSION CH IR AS TO CONTENT: �c -J TE /42 ESMCCLISH COMMUNITY DEVELOPMENT DIRECTOR - I RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 7 of 28 EXHIBIT 'A' CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 • 1029 ASH STREET (TRACT 3054) This approval authorizes the development of 8 custom residential lots on a 2.15-acre project site in the Single Family Residential (SF) zoning district and accessed by a private drive. COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION 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 and mitigation measures, for Tract Map 13-003 and Planned Unit Development Case No. 14-004. 3. This application shall automatically expire on May 5, 2017 unless a Final Map is recorded. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall conform to the Single Family Residential zoning requirements except as otherwise approved by the plans presented to the Planning Commission at the meeting of May 5, 2015 and marked Exhibit "B". The applicant shall, as a condition of approval of this tentative 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 RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 8 of 28 provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 5. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 6. Setbacks, lot coverage, and floor area ratios shall be as shown in the CC&R's and Design Guidelines, including those specifically modified by these conditions. i 7. Trash pick- up on Ash Street or at individual lots shall be approved by the South County Sanitary Service and the Community Development Director prior to Final Map recordation and includes the provision of a common onsite trash enclosure for refuse and recycling. Regulations for maintaining trash etiquette for this tract shall be included in the CC&R's. 8. 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 7:30 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 9. 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. 10. Street trees and landscaping shall be installed on Lot 1 along Ash Street with tract improvements and maintained by the owner of Lot 1. 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 (Water Efficient Landscape Requirements) and shall include the following: a. Tree staking, soil preparation and planting detail; b. The required landscaping and improvements. This includes: i. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; ii. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. iii. An automated irrigation system using smart controller (weather based) technology. - iv. The selection of groundcover plant species shall include native plants. 11. 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. — RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 9 of 28 Failure to comply with these conditions of approval may result in an 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 12. A permanent deed restriction shall be recorded so that no further subdivision of Lot 8 may occur. 13. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are administered by a subdivision homeowners' association or a comparable entity, formed by the applicant for the area within the subdivision. The CC&R's shall be 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 common driveway, sewer lines and other facilities; b' Include oak tree protection and mitigation tree maintenance responsibilities; c. Include Final Map as an exhibit; d. Require garages to be kept clear for parking cars at all times; e. Inform residents of the water conservation requirements placed on this project; and f. Include Design Guidelines as an attachment. 14. A joint maintenance agreement for the common driveway, sewer, and drainage systems 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. INCLUSIONARY HOUSING 15. Prior to final of subdivision improvements, the applicant shall pay an affordable housing in-lieu fee in compliance with Development Code Chapter 16.80 "inclusionary Affordable Housing Requirements". - ARCHITECTURAL REVIEW COMMITTEE SPECIAL CONDITIONS 16. The lot coverage maximum shall be calculated as 40% of the functional lot area, which means the lot area excluding the private drive; 17. A landscape area shall be provided along Ash Street to provide for street trees and landscaping; 1 RESOLUTION NO. 15-2224 MAY.5, 2015 PAGE 10 of 28 , 18. Oak mitigation trees shall be scattered throughout the project; 19. A setback for structures shall be 15' from the edge of the private drive paving. Exceptions may be made through Design Review in consideration of trees, solar access, etc; 20. On the Final Map, oak trees that are impacted by the private drive to the maximum extent of 33% shall be shown as restricted from further development impact; 21. Peer review of the arborist report shall be performed; 22. Fencing type, height, and placement shall be reviewed during Design Review for the development of each lot. Fencing along Ash Street shall comply with sight safety requirements. 23. The CC&R's shall include a provision for an annual arborist review of oak tree and eucalyptus tree health within the tract, including any pruning or removal recommendations, and the maintenance of tree limbs over the private drive at a height not less than 13 feet and 6 inches in order to provide emergency vehicle access. The report shall be submitted to the Public Works Director for approval. 24. Smart controllers shall be included with all irrigation plans within the tract. 25. Amend Design Guidelines to allow generally low roof pitches including 3:12 to 10:12. 26. Amend Design Guidelines to state that raised floor foundations shall be used for structures with the exception of garages. 27. A permanent deed restriction shall be recorded on Lot 8 to prevent further subdivision. 28. Fencing in public areas shall have a similar design theme and design shall not primarily include ornamental iron fencing. 29. Amend Design Guidelines: flatwork construction within tree drip lines may be considered during Design Review with an approved tree protection plan prepared by a qualified arborist. RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 11 of 28 BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS CBC/CFC 30. The project shall comply with the most recent editions of the California State Fire and Building Codes and the International Building and Fire Codes as adopted by the City of Arroyo Grande. FIRE LANES 31. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 32. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 33. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. FIRE SPRINKLER 34. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 35. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ABANDONMENT/ NON-CONFORMING 36. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. DEMOLITION PERMIT/ RETAINING WALLS 37. A demolition permit must be applied for, approved and issued. All asbestos and lead shall be verified if present and abated prior to permit issuance. SPECIAL CONDITIONS RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 12 of 28 38. Designate the common drive as a fire department access roadway, and as such there shall be a designated no parking zones throughout. This includes no parking signs'and striping with red curbs or red stripes to be maintained through the life of the project. Details of no parking designation will be determined during pan review of this project. - ENGINEERING DIVISION CONDITIONS All Engineering conditions of approval as listed below are-to be compiled with prior to recording the map or finalizing the permit, unless specifically noted otherwise. GENERAL CONDITIONS 39. 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 Director of Public Works, the Community Development Director or his/her representative. 40. Perform engineering construction activities during normal business hours (Monday through Friday, 8 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. 41. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 42. 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 format shall be required. 43. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 44. Record Drawings ("as-built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 45. 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 RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 13 of 28 Corner Record must be filed with the County and a copy delivered to the City Engineer. For benchmarks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior to project acceptance or sign off of the Encroachment Permit. 46. Provide new vertical control survey bench mark, per City Standard, as directed by the City Engineer. IMPROVEMENT PLANS 47. Improvement plans (including the following) shall be prepared by a registered Civil 1 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) _ 48.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. All existing and proposed parcel lines and easements crossing the property. c. The location and dimension of all existing and proposed paved areas. d. The location of all existing and proposed public or private utilities. , 49. Landscape and irrigation plans are required within the public right-of-way, and shall be approved by the Public Works Director. 50. 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. 51. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 52. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 14 of 28 - 53. The applicant shall be responsible for obtaining an encroachment.permit for all work within a public right-of-way. STREET IMPROVEMENTS 54. Obtain approval from the Public Works Director prior to excavating in any street recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 55. All street repairs shall be constructed to City standards. - 56. 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 57. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 58. Install ADA compliant facilities where necessary or verify that existing facilities are - compliant with State and City Standards. 59. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 60. 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. DEDICATIONS AND EASEMENTS 61. A Public Utility Easement (PUE) shall be dedicated 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. 62. Provide a Public PUE and Private Access Easement for Lots. 1-7. 63. A 6 foot wide street tree planting easement 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 and PUE, except that street tree easements shall exclude the area covered by public utility easements. '- 64.- Access shall be denied to Ash Street from lot 1 except as shown for the location of the private drive. The access denial shall be offered by the property owner and RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 15 of 28 recorded on the map or other document as is acceptable to the City. 65. Abandonment of public streets and public easements shall be listed on the final map of parcel map, in accordance with Section 66499.20'/ of the Subdivision Map Act. 66. 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. GRADING AND DRAINAGE 67. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies of the final project-specific Water Pollution Control Plan (WPCP). 68. All grading shall be performed in accordance with the City Grading Ordinance. 69. All drainage facilities shall be designed to accommodate a 100-year storm flow. 70. 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. 71. The applicant shall dedicate a pedestrian access easement(s) for the ADA sidewalk extension. 72. 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. WATER 73. Each parcel shall have separate water meters. 74. Non-potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 75. Lots using fire sprinklers shall have individual service connections. Units 1-7 are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. SEWER 76. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8". RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 16 of 28 77. All sewer laterals must have a minimum slope of 2%. 78. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 79. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. 80. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to permit issuance. PUBLIC UTILITIES 81. The developer shall comply with Development Code Section 16.68.050: Place existing and proposed utilities underground. 82. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 83. 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. 1 FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 84.The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 85. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Tract Map. b. Map check fee for Parcel Map. c. Plan check for grading plans. , (Based on an approved earthwork estimate) d. Plan check for improvement plans. (Based on an approved construction cost estimate) e. Permit Fee for grading plans. (Based on an approved earthwork estimate) f. Inspection Fee of subdivision or public works construction'plans. (Based on an approved construction cost estimate) g. Plan Review Fee l (Based on the current Building Division fee schedule) RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 17 of 28 86. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization 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. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.04.030. c. Water Meter 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. d. Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with - (not correct). e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.12.190. h. South San Luis Obispo County Sanitation District Connection fee in accordance with Municipal Code Section 13.12.180. i. Drainage fee, as required by the area drainage plan for the area being developed. j. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. k. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. I. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. n. 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. 87. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 18 of 28 FINAL MAP/PARCEL MAP a. Park Development fee, the developer shall pay the current park development fee, and/or donate land in-lieu of, for each lot approved, - in accordance with City Ordinance 313 C.S. b. Park Dedication, the developer shall dedicate, in accordance with City Ordinance 313 C.S., land for park purposes. c. Park Improvement fee, the developer shall, pay the current park improvement fee, for each lot approved, in accordance with City Ordinance 313 C.S. 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 ___ RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 19 of 28 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. 88. Preliminary Title Report, 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. BONDING SURETY 89. Erosion Control, prior to issuance of the grading or building permit, all new 1 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. 90. 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 shall 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. 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. TREE PRESERVATION/TREE REMOVAL PLAN RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 20 of 28 91. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. _ • In addition, Tree #1 located on Lot 1 shall be nominated for a Landmark tree designation prior to Final Map. 92. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. No approved tree removal shall occur within nesting bird season which is February 1st —August 15th or a survey of the trees to be removed shall be conducted prior to removal in order - to verify there are no nests present. 93. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site with the approval of the Public Works Director. Larger trees may be required to mitigate tree removal. A mitigation plan, including mitigation fees as required and indicating conceptual replacement tree locations on private lots, shall be approved prior to Final Map recordation and a provision for planting and maintenance by individual lot owners included in the CC&R's. 1 94. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 95. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical excavation within the drip line of a tree, unless approved by the Public Works Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk and at the dripline of each tree. 96. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. PLANNING COMMISSION CONDITIONS • RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 21 of 28 97. Upon approval by the Public Works Director, the perimeter eucalyptus trees are to _ be removed prior to Final Map Recordation. 98. A single light shall be installed on each property along the private drive during lot development. This requirement shall be included in the CC&Rs. 99. Create a pedestrian pathway from Ash Street. Consider contrasting pavement color or materials without increasing the width of the drive. 100. Provide one guest parking space on each lot. 101. No foundation construction or over —excavation shall occur within the drip line of the trees. Amend Condition of Approval No. 29 and the Design Guidelines to include foundation restriction and allow flatwork with approved tree protection plan. 102. The fencing locations, including respect to trees, shall be evaluated during Design Review by the Architectural Review Committee. 103. Clarify in Condition of Approval No. 75 that units 1-7 are to have fire sprinklers. MITIGATION MEASURES MM I-1: A minimum 6' wide street tree landscape buffer shall be provided along the project frontage on Ash Street. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a grading permit MM III-1: If the project site is located in a candidate area for Naturally Occurring Asbestos (NOA), the following requirements apply. Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105), prior to any construction activities at the site. The project proponent shall ensure that a geologic evaluation is conducted to determine if the area disturbed is exempt from'the regulation. An exemption request must be filed with the APCD. If the site is not exempt from the requirements of the regulation, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust t Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. - MM 111-2: bust Control Measures RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 22 of 28 ,Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Dust complaints could result in a violation of the APCD's 402 "Nuisance" Rule. Projects with grading areas that are greater than 4 acres or within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock pile areas should be sprayed daily as needed; d. permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non- invasive, grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; k. Sweep streets at the end of each day if visible soil material is carried onto . adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; I. All PM10 mitigation measures required should be shown on grading and building plans; and, the contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. MM 111-3: — RESOLUTION NO. 15-2224 MAY 5, 2015 , . PAGE 23 of 28 Construction Phase Idling Limitations This project is in close proximity to nearby sensitive receptors (residences). Projects that will have diesel powered construction activity in close proximity to any sensitive receptor,shall implement the following mitigation measures to ensure that public health benefits are realized by reducing toxic risk from diesel emissions: California Diesel Idling Regulations: a. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation'on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. b. Off-road diesel equipment shall comply with the 5 minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board's In-Use off-Road Diesel regulation. c. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the state's 5 minute idling limit. d. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: www.arb.ca.gov/msprog/truck-idling/2485.pdf and www.arb.ca.gov/regact/2007/ordies107/frool.pdf. Diesel Idling Restrictions Near Sensitive Receptors (Residential dwellings): In addition to the State required diesel idling requirements, the project applicant _ shall comply with these more restrictive requirements to minimize impacts to 1 nearby sensitive receptors: a. Staging and queuing areas shall not be Iodated within 1,000 feet of sensitive receptors; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment is recommended; and d. Signs that specify the no idling areas must be posted and enforced at the site, MM III-4: Truck Routing Proposed truck routes should be evaluated and selected to ensure routing patterns have the least impact to residential dwellings and other sensitive receptors, such as schools, parks, day care centers, nursing homes, and RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 24 of 28 _ hospitals. If the project has significant truck trips where hauling/truck trips are routine activity and operate in close proximity to sensitive receptors, toxic risk needs to be evaluated. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a grading permit MM III-5: Residential Wood Combustion Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. These devices include: • All EPA-Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally recognized testing lab; • Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally recognized testing lab; • Pellet-fueled wood heaters; and i1 • Dedicated gas-fired fireplaces. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Building Department Timing: Prior to issuance of a building permit. MM IV-1: A certified arborist approved by the Community Development Director is required to monitor construction of the private drive and approve the means of trenching and cutting through root zones. A work plan shall be submitted and approved by the City prior to any work performed onsite. The plan shall include a preconstruction meeting with the arborist, contractor and responsible crew members, and installation of tree protection fencing to the satisfaction of the Public Works Director. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a grading permit and during construction. MM IV-2: RESOLUTION NO. 15-2224 MAY 5;2015 PAGE 25 of 28 Paving shall be no closer than 10' to any oak tree trunk and must be porous within 15' of any trunk. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a grading permit 1 MM IV-3: I Trees that have met their impact allowance of 33% of the root zone due to � private drive construction shall be recorded on the Final Map as restricted from further disturbance. MM IV-4: CC&R's shall include tree protection requirements that include best management standards for site design around trees, natural grade retention, soil compaction, drainage, planting and irrigation, and pruning of oak trees. Paving shall be no closer than 10' to any oak tree trunk and must be porous within 15'. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande- Community Development Department Timing: Prior to Final Map. MM IV-5: - _ A tree protection plan prepared by a `certified arborist shall be prepared and approved with each development application. The tree protection plan must identify the Critical Root Zone (CRZ) location. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande- Community Development Department, Public Works Timing: Prior to Building Permit MM V-1: If a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease until a qualified archaeologist determines whether the uncovered resource requires further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms- and evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 26 of 28 bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the appropriate Information Center and provide for the permanent curation of the recovered materials. MM V-2: If human remains are encountered during earth-disturbing activities, all work in the adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be notified immediately. If the remains are determined to be Native American in origin, the Native American Heritage Commission shall be i notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered remains. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Community Development Department; Public Works Department Timing: Prior to issuance of a grading permit and during grading activities MM IX-1: A Water Pollution Control Plan (WPCP) shall be developed and implemented in consultation with the City. MM IX-2: To reduce erosion hazards due to construction activities, grading shall be minimized and project applicants shall use runoff and sediment control structures, and/or establish a permanent plant cover on slopes following construction. MM IX-3: All temporary fill placed during project construction shall be removed at project completion and the area restored to approximate pre-project contours and topography. MM IX-4: The project shall meet all Low Impact Development requirements set by the Regional Water Quality Control Board. MM IX-5: The following water quality BMPs shall be incorporated into the project: _ • Run-off Control. Maintain post-development peak runoff rate and average volume of runoff at levels that are similar to pre-development levels. • Labeling and Maintenance of Storm Drain Facilities. Label new and existing storm drain inlets with "No Dumping — Drains to Ocean" to alert the public to the destination of stormwater and to prevent direct discharge of pollutants into the storm drain. RESOLUTION NO. 15-2224 MAY 5, 2015 PAGE 27 of 28 Responsible Party: Developer Monitoring Agency: City of'Arroyo Grande — Engineering Division; • Public Works Department Timing: Prior to issuance of a grading permit and during grading activities MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 5 p.m. Monday through Friday. No construction shall occur on Saturday or Sunday. Equipment maintenance and servicing shall be confined to the same hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. MM XII-2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. MM XII-3: Equipment mobilization areas, water tanks, and equipment storage areas shall be placed in a central location as far from existing residences as feasible. 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