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PC 08.a. TTM 13-003 PUD 14-004 1029 Ash Street
TO: PLANNING COMMISSION FROM: TERESA MCCLISH,CCOMMUNITY DEVELOPMENT DIRECTOR [3' BY: AILEEN NYGAAR,N4SSOCIATE PLANNER SUBJECT: CONTINUED PUBLIC HEARING FROM APRIL 21, 2015; CONSIDERATION OF TENTATIVE TRACT MAP 13-003, PLANNED UNIT DEVELOPMENT 14-004, AND CLARIFICATION OF A GENERAL PLAN LAND USE MAP AMBIGUITY; 8 -LOT RESIDENTIAL (TRACT 3054) SUBDIVISION; LOCATION- 1029 ASH STREET; APPLICANT - ASH STREET INVESTORS; REPRESENTATIVE- JEFF EMRICK DATE: MAY 5, 2015 RECOMMENDATION: It is recommended that the Planning Commission review and provide clarification that the land use designation for the property on the General Plan Land Use Map should be Single Family (SF), adopt the Mitigated Negative Declaration and approve Tentative Tract Map 13-003 and Planned Unit Development 14-004. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: None. BACKGROUND: The project site is approximately 2.15 acres in size, zoned Single Family Residential (SF) and is comprised of two (2) parcels, one with an existing residence. The project site is surrounded on all sides by single family residential use, is fairly flat, contains approximately 20 oak trees and a 240' long row of eucalyptus trees. The neighborhood is characterized by the presence of large oak trees located throughout neighboring lots. The primary purpose of the SF district is to provide for residential development on common sized suburban lots. This district is intended as an area for development of single-family detached residential at a maximum allowable density of 4.5 dwelling units per gross acre. A Planned Unit Development (PUD) permit is intended to provide flexibility to development standards in exchange for providing a public benefit such as resource protection. Site planning techniques including "clustering" smaller lots in order to protect a hillside or oak trees may be employed with a PUD. A Mitigated Negative Declaration has been prepared to meet the California Environmental Quality Act (CEQA) requirements for this project. A mapping error on the General Plan Land Use Map was identified during the processing of this application and requires a clarification by the Planning Commission. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 2 of 19 Arroyo Grande Municipal Code Section 16.04.050 states that the Planning Commission shall clarify any ambiguities concerning the appropriate classifications of a particular land use. It further states the planning commission shall ascertain all pertinent facts and, by resolution, set forth their findings and interpretations. Staff Advisory Committee (SAC): SAC reviewed the project on January 8, 2014, May 14, 2014 and November 5, 2014. The discussion at each of these meetings focused on the insufficient size of the fire safety turn -a -round, impacts to existing oak trees, potential issues with parking, and maintenance of common facilities. Additional topics discussed were the need for pedestrian sidewalks, guest parking facilities, and accommodations for trash pick-up. Architectural Review Committee (ARC): ARC reviewed the project on November 14, 2014 and made recommendations in regard to processing a concurrent Planned Unit Development application to address concerns regarding: 1) tree protection measures throughout the project; 2) applicant proposed Design Review by the City without Design Guideline criteria; and 3) the nontraditional arrangement of the subdivison (See Attachment 2 for meeting minutes). A Planned Unit Development application was submitted and the ARC reviewed the project on March 16, 2015. The Committee made recommendations regarding lot coverage, structural setbacks from the edge of the private drive, and clarified tree protection measures that are included in the conditions of approval (See Attachment 3 for meeting minutes). LOCATION: ANALYSIS OF ISSUES: Project Description The tract map creates eight custom residential lots, including a 34,459 square -foot lot which is developed with an existing single family residence. The remaining seven smaller lots are arranged along a private drive terminating in a fire turn -around. No new buildings are proposed with the map; however, CC&R's and Design Guidelines were CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 3 of 19 prepared to facilitate maintenance provisions for the private drive, to provide neighborhood operational standards, and to guide lot development. Access The new internal street is a 20' wide private drive accessed from Ash Street which crosses lot lines to provide access to each lot. The access drive will act as a fire lane and therefore no parking will be allowed. The proposed fire safety turn -a -round will require pruning of the existing oak branches to 14' above ground to allow emergency vehicles to pass beneath and the street profile depth will need to support a fire truck. The excavation depth is estimated to be 2' deep within the tree root zone. No sidewalk or lighting along the drive is proposed and mail service will most likely be provided on Ash Street by a common mail box. Trash and recycling pick-up is not proposed to utilize the private drive and will require lot owners to haul bins to Ash Street once a week for service. Up to 24 bins for trash, recycling, and green waste may be placed on Ash Street for pick-up. A representative from South County Sanitary Services suggested that a common trash enclosure be located near the private drive entry on Lot 1 to accommodate dumpsters for trash and recycling and only locate green waste containers on Ash Street. Condition of Approval No. 7 requires that trash and recycling services be approved by both the South County Sanitary Service provider and the Community Development Director and a common trash enclosure shall be located onsite. Density The number of lots proposed meets the allowable density with the inclusion of Lot 8. The physical area of Lots 1-7 only yields a density of 6 lots, so these lots borrow area from Lot 8 in order to meet the overall density allowance for the total project. This subdivision is a cluster arrangement around the existing development area on Lot 8 and maintains one large lot as a visual public benefit. Lot Sizes Lot sizes, or required net area, in this zone are a minimum of 7,200 square -feet. While the map shows that the size requirements are met, the functional lot size is limited by the area of the private access drive and the locations of existing oak trees. The functional lot areas, defined in the Development Code section 16.04.070 as building site, which exclude the access drive, are less than the minimum lot size for the SF zone. This functional reduction is allowable with the PUD; however, the reduction affects lot development intensity when applying the standard lot coverage and floor area ratios that are calculated over the gross lot area. Only lots with functional lot areas greater than 6,750 square feet will be eligible for secondary dwelling unit development. Lots 4, 7, and 8 are the only lots large enough to accommodate a second unit. Second units require an additional parking space that is not located in the front setback or on the driveway. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 4 of 19 Lot Coverage Lot coverage is calculated using the gross area of the lots. With the functional lot area reduced by the access drive, this presents a potential lot coverage that is larger than a standard lot area would allow and creates a more intense arrangement by default. It is common practice to compare development on flag lots with the area of the standard lot that is created by removing the flag. By this example, the functional lot area is the comparable standard lot area created by removing the access drive. Per the Development Code, the allowed lot coverage for the SF zone is 40%, but the effective coverage with this method is 53-60%. A typical lot coverage of 40% equates to 60% of the lot that is not covered. The applicant proposes to reduce the standard lot coverage allowed per the Code by imposing a method of calculating open space over the functional lot first to establish the amount of lot coverage to allow per individual lot. The applicant proposes that a minimum of 45% of the functional lot area be established for open space, which leaves 55% of the functional lot for lot coverage allowance. The lot coverage produced by this method is similar to the amount of coverage area calculated over the gross lot. PUD applications allow consideration for items such as special setbacks that will include space for front yard landscape areas and Low Impact Development drainage areas in order to create coverage and open space on individual lots that is comparable to standard residential lots. It is important to provide development standards with the PUD in order to provide criteria for the ARC to use while evaluating future development applications. In order to provide adequate space for drainage facilities on site, comply with State stormwater requirements, and establish a development pattern comparable to standard lot design, Condition of Approval No. 16 provides that the lot coverage for the PUD shall be calculated as 40% of the functional lot area. Floor Area Ratio (FAR) Floor area ratios guide massing intensity and are intended to protect lots from over - massing. Floor area ratios are calculated based on gross lot size. For comparison, the gross lot area allows a FAR of 0.50, while the calculation over the functional lot area effectively produces a 0.70 FAR. For example, use of the gross lot area for the FAR calculation would allow Lot 1 to yield a home that is 4,474 square feet not including an additional 400 square feet of garage. The applicant proposes to calculate the FAR by a method that uses the functional lot area and applies a 0.50 ratio. Setbacks Setback standards for the SF zoning district are met as proposed. However, the front setback is measured from the property line, which measures to the middle of the 20' private drive for lots directly fronting on the private drive. The applicant proposes a CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 5of19 special 5' setback for structures from the edge of paving. For front facing garages, a special setback of 20' would apply to allow room for guest parking on the driveway. Side loaded garages, however, are allowed to use the 5' setback, which would promote more paving on the lot front to provide access to the garage and parking area. The ARC recommended that a 15' setback from edge of paving be implemented in order to keep a wall of structures from being placed along the edge of the drive and to allow for some landscaping. This is included in Condition of Approval No. 19. Functional lot f-, � lCt g uwS+�.e�+r Wtibr.av $�W iru e.b xc P17. ` ,` F ✓ � � eW ae bre b/b !ra rYF'IiY�f`dr nr � � I X r 4. Y N f ,w4 � �s ufl✓ T+,Y� 9� +f V w� D � '� � y Y..• � d` � - a 1 bblrl�q XS Y p �wNW wrt*ae'� rrs�ri r ySX y'�r.e �f p X Open Space Open space requirements for a PUD include the provision of usable open space, which is a combination of private open space and common open space. When a minimum of 1,000 square feet of private open space lot is provided per lot, then common open space is not required to be provided. However, the total amount of usable open space on the entire project site must equal a minimum of 45% of the project area. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 6 of 19 As proposed, the project meets the usable open space requirement. However, the private open space on Lot 8 is necessary to provide the area needed to meet the overall project requirement of 45%. As proposed, the open space area of Lots 1-7 only calculates to 39%. If lot coverage on Lots 1-7 was calculated as 40% of the functional lot area as staff recommends, then the open space in this area would equate to 43% and be distributed more evenly throughout the project. For comparison, the typical lot coverage of 40% equates to 60% of the lot that is not covered. Out of the 60% not covered area, useable open space is the area that is designed for outdoor living, recreation, pedestrian access, or landscaping, but excludes parking facilities, driveways, utility or service areas. At a minimum, 400 square -feet of driveway could be expected to be provided on each lot to allow for guest parking. Street trees are required along the Ash Street frontage a minimum of one (1) tree for every 50' of project frontage within the 6' wide tree easement per Municipal Code section 12.16.090 B. Table 1: Single Family (SF) Development Standards (Standards proposed for the PUD that are different than the requirements for standard size lots in the SF district are hiqhliqhted) Lot size Standard --oposed ------ — — 7,200 sf --- Pr Lot 1:8,947 sf Lot 2: 8,463 sf Lot 3: 9,068 sf Lots 4-5: 8,004 sf, 8005 sf Lots 6-7: 8,260 sf Lot 8: 34,459 sf —__ j Lot width I 70 70' average — Lot depth 100' 117.6' -120.6' Lots 1-3: 20' from property line Front setback 20' Special setbacks 5' measured from edge,, of private drive 20 for garages 5' for side loaded garages Lot 4-7: 20' Lot 8'. 55'existing, 20' allowable 5' and 10' Lots 1-7: 5' and10' Lot 8: 34', 40' existing 5' allowable Rear setback 10' 1 -story i Minimum of 10' 15' 2 -stogy Building Height 30' Not to exceed 30' CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 7 of 19 tLocoverage 40% Functional lot area- private open Lot 3 Of gross lot area I space (45% of functional lot area) Lot 6 Lo# 7 = lot coverage i Floor area ratio (FAR) .50 (7,200-11,999 sf) T 0.50 of functional lot area of gross lot area .45 (12 000-39,999 sf) Not to exceed 0.45 Table 2: Development Statistics- Proposed data and Comparisons (Proposed data is hiqhliqhted) Area in square Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lo# 7 Lot 6 Total feet Lot size (gross) 8,947 8,463 9,068 $ 004 8,005 8,260 81260 34,459 93,466 Standard 7.20_0 Private access 2;284 2,116 2,847 ___ 0 2,175 2,190 0 0 17,612 drive Lot size (functional area 6,663 6,347 6,221 8,004 5,803 6,070 8,260 34,459 75,332 without access drive _Loi Covera e _ Lot 1 Lot 2 Lot 3 ` . Lot 4 Lot 5 Lot 6, Lot 7 Lot 8 Tota( Lot Coverage 3,578 3,385 3,627 3,201 3,202 3,304 3,304 13,784 37,385 potential (5,425 sf (standard 40% of existing) gross area) functional lot coverage ison 54% 53% 58% 40% 55% 54% 40% 40% Pr posed Lof 3,265 3,091 3 022 3,202 2 807 2,939 3,304 13,,784 35,4'11 Coverage functional lot 49% 49% 49% 40% 48% 48% 40% 40% coverage I comparison COA 16 Lot coverage 2,665 2,539 2,488 3,2011 2,123 2,428 3,304 13,784 35,532 over functional lot I ! 40% 40% 40% 40% 40% 40% 40% 40% Floor Area f2atio Lot 1 Lot 2, Lot 3 Lot d ' Lo# S Lot 6 Lot 7 Lot 8 Total Floor Area Ratio potential 4,473 4,232 4,534 4,002 4,003 4,130 4,130 1Q45) 45,011 (standard 0.50 of gross area) I functional lot 0.70 0.70 0.70 0.70 0.75 0.70 0.50 0.45 0.60 coverage comparison Proposed FAR 3,332 3,174_j 3,111 4,002±2 915 3 035 4,130 15,507 9,206 CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 8 of 19 Existing Oak trees An arborist report was prepared to provide information on the condition of existing site trees, to evaluate impacts to the trees from the proposed development of the tract, including future site development potential, and to propose protection and mitigation recommendations (See Attachment 9 for arborist report). The report addresses 17 existing oak trees (Quercus agrifolia) and partial impacts of the proposed development regarding the alignment of the access drive and individual lot development. The tract map shows the removal of four (4) oak trees and approximately two (2) eucalyptus trees (See table below for summary of oak tree impacts). Another oak tree on Lot 6 has not been marked for removal, but the driveway would eliminate it. Four (4) oaks to be removed are due to the alignment of the access drive and includes a 64" diameter tree that is reportedly in poor condition, however may not need removal. The report does not address the eucalyptus trees and potential development impacts. In addition, the report was completed during nesting season and did not note the presence of any nesting birds at the time of preparation. 0.50 0.50 0 50 j 0.50 0 50 0.50 p 50 00 45 0 60 Open Space Lo_ 1 Lot 2 Lot 3 Lot 4 Lot 5 ILo+? Lot 7 Lot 9 Total Private Open ( space potential of 2,685 2,562 2,194 4,402 2,201 2,366 4,556 20,675 41,641 gross lot using 40% coverage (- 400 sf minimum driveway/service area) on Open Space 0 0 0 0 0 0 0— 0 10 sf allowable with over 1000 sf private open space provided Usable open space potential based on lot coverage 30% 30% 24% 55% 27% 29% 55% 60% 45% Percentage of gross area Proposed open 2,998 2,856 2,799 4,402 2,624 2,732 4 54320,676 43,629 space � Percentage of functional lot 45% 45aa 45°/u 55% 46% 45% 550X0 50% 47% COA16 and 19 t Open space Open 3,598 3,408 3,333 4,403 3,280 3,242 4,556 20,675 46,495 Percentage 54% 54% 54%55% 57% 53% of functional lot 55% 60% 50% Existing Oak trees An arborist report was prepared to provide information on the condition of existing site trees, to evaluate impacts to the trees from the proposed development of the tract, including future site development potential, and to propose protection and mitigation recommendations (See Attachment 9 for arborist report). The report addresses 17 existing oak trees (Quercus agrifolia) and partial impacts of the proposed development regarding the alignment of the access drive and individual lot development. The tract map shows the removal of four (4) oak trees and approximately two (2) eucalyptus trees (See table below for summary of oak tree impacts). Another oak tree on Lot 6 has not been marked for removal, but the driveway would eliminate it. Four (4) oaks to be removed are due to the alignment of the access drive and includes a 64" diameter tree that is reportedly in poor condition, however may not need removal. The report does not address the eucalyptus trees and potential development impacts. In addition, the report was completed during nesting season and did not note the presence of any nesting birds at the time of preparation. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 9 of 19 The access drive terminates in a cluster of oak trees that will require the following to provide fire engine access: limbs no lower than 13'+, a road that can hold a 75,000 pound vehicle, and a turn -around space. The applicant proposes to provide pavers to protect the root zones of the trees. Potential impacts to trees may occur due to the 2' depth of the base support beneath the pavers that may cut through root zone areas, will likely encounter and eliminate roots over 1" in size, and may impact the tree health. Even with hand excavation of the road area, achieving the compaction needed to support the traffic load requirements is uncertain. The road also aligns closely to some trunks, which is not addressed in the report and conflicts with the tree protection section of the Design Guidelines. Paving is located as close as 3-4' to at least two (2) trees along the private drive and six (6) other tree trunks are within 10' of paving. Narrowing the road width to 18` in some locations and including alternative paving methods that do not require as deep a profile to be less intrusive to the root zone will be considered during plan preparation. In addition, it is estimated that the private drive will impact the canopy area of seven (7) trees in the range of 33% for which further root zone impacts to these trees with lot development should be eliminated. The map shall identify which trees have met their impact allowance and may not be further disturbed and is part of the project conditions. Trees will also be affected by the future development of individual lots. According to the arborist report and map, and using the large 64.5" tree located on the boundary of Lots 1 and 2 as an example, each lot owner will be allowed to impact up to 33% of the root zone beneath the drip line. If each owner did this, the root zone impact for that one tree would be 66%, which is not acceptable by industry standards. The map depicts hatched zones beneath the canopies that according to the design guidelines should be no closer than 6' to the trunk. The map is inconsistent with the Design Guidelines and more hatching under the canopies should be eliminated as directed by the tree protection guidelines to indicate that less area under the canopy may be impacted. Oak Trees Lot 1 Lot 2 ' Lot 3Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Total Number of Oak trees proposed to 1: 3" 1 64 I 1: 24" 1: 60 be removed with tree I tree tree (dead) trees private driveway (under I 6' size i tree Number of Oak ____ T trees potentially 2 2 1 1 1 impacted within driveway private (Estimated % of 1 at 1 at ! 1 at 1 at 1 at j impact to 40%, 30% 30% 60% 20% individual trees) 1 at 30% CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 10 of 19 Provisions for post development protection of trees have been addressed in the Design Guidelines. However, guidelines that address paving shall have quantifiable measurements as a baseline. Namely, paving should be avoided within oak tree driplines and within 15' of trunks. The Design Guidelines do address impacts that may occur with site development by restricting the location of plant material and irrigation beneath tree canopies, and requiring hand trenching within the Critical Root Zone (CRZ). Fencing along property lines that may impact trunks and roots will be addressed with the development of individual lots. Building envelopes are a mechanism offered through the PUD that would offer custom tree protection on each lot. The proposed building envelopes shown on the map only indicate the area within the setbacks without offering a special protection to the trees. This is an alternative for the Planning Commission to consider. Tree removals, if approved, will require a mitigation plan for tree replacement. The plan will require mitigation trees to be placed within the project per Conditions of Approval 18 and 93. Final placement of project mitigation trees will reviewed with individual lot development. The CC&R's will be required to indicate lot owner responsibility for the provision and care of mitigation trees located on private lots. Landmark Tree Designation The Community Tree Program is intended to promote the preservation, maintenance, and regeneration of all trees; to provide a beautiful and aesthetically pleasing community; and to preserve trees or groves of unique or historical value and wildlife habitat. The large oak tree on Lots 1 and 2 is a prime specimen tree and should be considered for the Landmark Tree designation. Due to the location of the large oak in an open space away from other trees, the tree has had the opportunity over time to grow into a notable specimen tree. The shape and form of the tree, coupled with its age, provides a grand example of this species of oak. The Arroyo Grande community does not have many examples of large oaks still existing within the urban setting and special trees may be nominated for Landmark status through the Community Tree Program. The program offers additional protection of the tree by requiring consent of tree removal by the City Council and written approval for pruning branches larger than 2". Monitoring the tree's health is required every 3 years. Future potential impacts to the root zone of this tree by lot development may also include the pruning of lower branches, depending on the structure allowed beneath the canopy. Condition of Approval No. 91 requires nomination of the tree as a Landmark tree. Aesthetics The existing aesthetics will be changed by development of the proposed project. Current pastoral views of the oaks trees will be blocked by fencing and housing on Lot CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 11 of 19 1. The development of each home site with a potentially two-story home and within 5' of the private drive will affect direct views of the existing trees from Ash Street and will create a building dominated viewshed. The ARC condition of approval establishing a 15' setback from the edge of paving will relieve the structure dominated private drive. The existing row of eucalyptus trees on the west boundary will continue to provide a skyline canopy for the neighborhood. Drainage Low Impact Development (LID) standards are required to be implemented with the project and are proposed to be accommodated on individual lots. Spatial requirements for drainage facilities are estimated to be 4' x 15' and these areas are recommended to be located no closer than 8' to building foundations and outside of oak tree canopies. Area to accommodate these facilities supports the requirement to provide a comparable lot coverage method to standard lot development by calculating a 40% lot coverage over the functional lot size. Project Landscaping No project landscaping has been proposed with the PUD. However, landscape will be required as part of the design review and a street tree easement will be provided along Ash Street to accommodate street trees. In addition, tree removals require mitigation replacement trees and a minimum of 12 new oak trees shall be planted with the project. Common Facilities Maintenance Agreement The access drive is proposed as a private drive. A maintenance agreement will be required within the CC&R's to describe the shared maintenance responsibilities and schedules for required maintenance. Street trees and mitigation trees will be required to be maintained by the individual lot owners or as a common facility. CC&R's and Design Guidelines Building Design Architectural controls for the project regarding style and materials have been provided within the Design Guidelines and the document requires Design Review to be performed by the City to assess the harmony of external design with the design criteria. Site Grading Grading is intended to be minimal and raised floor construction is encouraged. Development restrictions on site fill, compaction, and drainage over root zones has been established by the document. Landscaping Private landscaping and irrigation within oak tree root zones has been restricted; however, no requirement for landscape area at the front of the lots has been established. As proposed by the applicant, structures may be constructed within 5' of the private drive which leaves no area for front landscaping. Condition of Approval No. 19 requiring a 15' setback from the edge of the private drive will allow for landscape to be included and considered during Design Review. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 12 of 19 Fencing Fencing in front yards is restricted to 3' in height within the front yard setback. No special height and placement restrictions have been proposed with the project, so a 6' tall fence could be installed along the private drive pavement which is outside the front setback. A 6' tall fence could also be installed along the back of the street tree easement along Ash Street up to within 10' of the private drive. Appropriate fencing height and location will be included with lot development Design Review as required by Condition of Approval No. 22. Parking All single family homes are required to provide two enclosed parking spaces for use by the residence. Guest parking is typically accommodated by the adjacent public street. However, no parking is provided by the private drive as it is a fire lane. Guest parking will be accommodated onsite by individual driveways or along Ash Street. The project frontage can accommodate approximately eleven (11) vehicles. Parking may be restricted along the project frontage on trash pick-up day in order for bins to be accessible. Findings: The Planning Commission must make the following findings in an affirmative manner in order to approve a request for a tentative Tract Map. 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, 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. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 13 of 19 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. 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. In addition, the Planning Commission must make these findings in an affirmative manner in order to approve a request for a planned unit development: 1. That the proposed development is consistent with the goals, objectives and programs of the general plan and any applicable specific plan; CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 14 of 19 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 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. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 15 of 19 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. 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. CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 16 of 19 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. E. Conditions of Approval. In granting a planned unit development permit, the planning commission shall require that the use and development of the property conforms with a site plan, architectural drawings, or statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety, or general welfare and to secure the objectives of the general plan. The planning commission may also impose such other conditions as may be deemed necessary to achieve these purposes, including, but not limited to, the following matters: 1. Setbacks, yard areas, and open spaces; 2. Fences, walls and screening; 3. Parking, parking area, and vehicular ingress and egress, in addition to the minimum requirements of Chapter 16.56 4. Landscaping and maintenance of landscaping and grounds; 5. Such other conditions as may be determined to assure that development will be in accordance with the intent and purposes of this chapter; 6. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the administering agency. General Plan Land Use Map Clarification: According to Arroyo Grande Municipal Code Section 16.04.050(A), entitled, "Clarification of Ambiguities", if an ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this title, the Planning Commission shall ascertain all pertinent facts, and, by resolution of record, set forth their findings and interpretations. The 2001 General Plan Land Use map shows the land use designation on a portion of the project site as Community Facilities (CF). However, the Zoning Map shows that the property is designated as Single Family (SF). This inconsistency of use classification suggests a potential error or oversight. Research of City files revealed that the 1990 General Plan Land Use Map shows the property designation as SF. The quality of the graphics on this map are poor and based on the graphic presentation it is reasonable to conclude that the "S" on the graphic was interpreted as a "P". Two changes that occurred during the 2001 update of the 1990 CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 17 of 19 map were to rename the Public Facilities (PF) category as Community Facilities (CF) and to change the graphic style to color. Letter designations were removed from the map and graphic symbols were introduced to clarify site uses. During the 2001 update, a symbol for a church was placed on the property. This graphic was used during the hearing and was subsequently approved. Review of the staff reports, EIR, and meeting minutes prepared for the update hearing, indicate twelve use areas were identified and proposed to be changed during the process. This property was not included on the list or discussed in the minutes as a property whose land use designation was proposed to be changed. Staff therefore concludes that the CF designation on this property was a graphical error made during preparation of the new color format and was not a deliberate change and recommends that the Land Use Map be corrected to SF. Summary of recommendations Staff recommends that the following modifications to the proposed project will allow the project to be compatible in scale and character with the neighborhood and provide adequate protection to the health of the existing oak trees. Information provided by neighbors following circulation of the MND indicates that there may raptors utilizing the site trees and a condition has been modified to address the timing of tree removal to protect any potential nesting birds. In addition, safety concerns raised by a neighbor regarding the eucalyptus tree health has been addressed by assessing the health of site trees within the CC&R's per Condition of Approval No. 92. These recommendations have been included as conditions of approval and as mitigation measures to reduce potential impacts to less than significant levels. Tract Development: • Lot coverage shall be calculated as 40% of the functional lot area. • Provide a 6' wide tree easement along the project frontage to accommodate street trees. • Oak mitigation trees are to be located on private lots throughout the subdivision and shown on the Final Map. Homeowners will be responsible for the maintenance and care of these trees and provisions will be required in the CC&R's. • Provide 15' setback from private drive paving for structures. • Identify on the map which trees have met their root zone impact allowance by the private drive and may not be further disturbed by lot development. Oak Trees: • Require peer review of arborist report in order to address impacts to tree health for trees within and adjacent to private drive. • Require arborist monitoring during private drive construction. • Allow paving encroachment no closer than 10' to existing oak trunks. • Nominate oak tree # 1 for Landmark tree status per Condition No. 91. • Condition No. 92 includes the provision that no approved tree removal shall occur within nesting bird season which is February 1st —August 15th or a survey CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 18 of 19 of the trees to be removed shall be conducted prior to removal in order to verify there are no nests present. CC&R's and Design Guidelines: • Fence height is limited to 3' within the front yard area at edge of private drive and along Ash Street unless approved through Design Review for individual lots to provide privacy screening. • Include property line fencing protocol to accommodate oak trees on the line through Design Review. • Each lot shall provide a tree protection plan with lot development. Condition 23 includes a provision for an annual arborist evaluation for oak and eucalyptus tree health to include care recommendations. ALTERNATIVES: The following alternatives are provided for the Planning Commission's consideration: • Adopt the attached Resolution approving Tentative Tract Map 13-003 and Planned Unit Development 14-004 with all identified mitigation measures; • Modify and adopt the attached Resolution approving Tentative Tract Map 13-003 and Planned Unit Development 14-004 with all identified mitigation measures; • Deny the attached Resolution; or • Provide direction to staff. ADVANTAGES: The proposed project provides the community with residential infill and 7 new home sites for housing opportunities. DISADVANTAGES: The proposed project will produce aesthetic changes with the introduction of seven (7) new clustered lots. ENVIRONMENTAL REVIEW: Staff has reviewed the proposed project in accordance with the California Environmental Quality Act (CEQA) Guidelines and has prepared a Draft Mitigated Negative Declaration (Attachment 1). Mitigation is required for aesthetics, construction impacts related to air quality, noise, trees, and hydrology. PUBLIC NOTIFICATION AND COMMENT: A Notice of Public Hearing was posted on the project site on April 23, 2015. A Notice of Public Hearing was sent to property owners within 300' of the project, and published in the Tribune on April 24, 2015. Staff has received written and verbal comments relating to concerns about development intensity, water use, increased noise, traffic and parking congestion, tree removal and impacts, privacy due to two —story homes, neighborhood character and property value decline (Attachments 5, 6, 7, and 8). CONSIDERATION OF TTM13-003 and PUD14-004 MAY 5, 2015 PAGE 19 of 19 ATTACHMENTS 1. Draft Mitigated Negative Declaration 2. Architectural Review Committee Minutes; November 17, 2014. 3. Architectural Review Committee Minutes; March 16, 2015 4. Landmark Trees; Municipal Code 12.16.060 5. Letter from Finney and Mary Jane Smith; 1030 Ash Street; April 15, 2015 6. Letter from Greg Van Velsir; 1046 Fair Oaks Ave.; April 16, 2015 7. Letter from Jenny Weaver; 1053 Ash Street.; April 28, 2015 8. Letter from Neighbor, April 29, 2015 9. Proposed Tract Map and documents a. CC&R's; September 26, 2014 b. Design Guidelines; March 6, 2015 c. Amended Arborist Report; March 5, 2015 d. Tract Map; March 6, 2015 IMM INV r we r ,...� TENTATIVE TRACT MAP t03 (TRACT 3054)r r r a Ii r IN 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. NW M -M N I u rAle _JqVA0* 11 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. 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 MHO t •' x.: y..! 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 development and the project site, including, but not limited to, flood, seismic, fire and slope hazards; I Mr -AIC I; ME Inns a M. 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. 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; RESOLUTION NO. May 5, 2015 PAGE 5 of 6 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. 3. During the 2001 update of the 1990 General Plan Land Use Map, the property 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 following roll call vote, to wit: AYES: NOES: None ABSENT: None , seconded by Commissioner , and by the the foregoing Resolution was adopted this 5th day of May, 2015. NMAY M =.^Wl a. DEBBIE WEICHINGER LAN GEORGa SECRETARY • THE COMMISSION CHAIR AS TO CONTENT: TERESA MCCLISH COMMUNITY DEVELOPMENT DIRECTOR ,. CONDITIONSI OF .O TENTATIVE TRACT MAP 0r 1 F-LANNE311 WHIT 1IEYEL#N4ENT11 1029 ASH STREET 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 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. 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. 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; 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: construction within tree drip lines may be considered during Design Review with an approved tree protection plan prepared by a qualified arborist. 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. Fiamingioulmlon 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 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 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 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. 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 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'/2 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. If the units 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". 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. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, including the following: 84. Fees will be charged based on the fee amounts in effect as of May 5, 2015, except for school and South County Sanitation District sewer connection fees. Fees will not be increased for 48 months after the date of recordation of the final map for Tract #3054 after which fees will be assessed at the prevailing rate at the time permits are obtained. 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 (Based on the current Building Division fee schedule) 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 (SMTP) 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 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. 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. 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 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 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 15`h 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. 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. MITIGATION MEASURES MM 1-1: 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 Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. MM 111-2: Dust Control Measures 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: 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/msprgg/truck-idling/2485.pdf and www.arb.ca.gov/regact/2007/ordigalO_7/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 nearby sensitive receptors: a. Staging and queuing areas shall not be located 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 !II -4: Truck Routinq 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 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 111-5: 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 • 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: 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 MM IV -3: 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, 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 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. 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Timing: Prior to issuance of a grading permit and during grading activities. CCT 4" OF ATTACHMENT 1 INITIAL STUDY/ MITIGATED NEGATI DECLARATION Tentative Tract Map 13-003 and Planned Unit Development 14-004 Tract 3054 1029 Ash Street Arroyo Grande, California THIS PAGE IS INTENTIONALLY BLANK INITIAL STU DY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVETRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Project: Tentative Tract Map 13-003 and Planned Unit Development 14-004 Lead Agency: City of Arroyo Grande Document Availability: • City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 • htto://www.arroyogrande.org/ Project Description: The 2.15 acre project site is currently developed with one single family residence. The proposed project, Tentative Tract Map 13-003 and Planned Unit Development 14-004, would retain the existing residence and create 8 residential lots in total; seven which are 8,260-9,000 square feet in area and one which is 34,459 square feet. Seven lots are served by a 20' wide private drive. Summary Document Preparation: Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the City) has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for the proposed project and finds that these documents reflect the independent judgment of the City. The City, as lead agency, also confirms that the project mitigation measures detailed in these documents are feasible and will be implemented as stated in the Mitigated Negative Declaration. &Z'- TeresFIlvictlisk, AICP Community Development Director Aileen NygaAVd Associate Planner s Die W i krr Dat Page 3 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Table of Contents: Introduction...................................................................................................................................................6 Introduction and Regulatory Guidance.....................................................................................................6 LeadAgency..............................................................................................................................................6 Purpose and Document Organization.......................................................................................................6 Summaryof Findings.................................................................................................................................7 ProjectDescription........................................................................................................................................8 Introduction...............................................................................................................................................8 Location.....................................................................................................................................................8 Background and Need for Project.............................................................................................................9 ProjectDescription....................................................................................................................................9 Other Required Public Agency Approvals.................................................................................................9 RelatedProjects......................................................................................................................................10 EnvironmentalChecklist..............................................................................................................................11 ProjectInformation.................................................................................................................................11 Environmental Factors Potentially Affected...........................................................................................12 Determination.........................................................................................................................................12 Evaluation of Environmental Impacts.....................................................................................................13 EnvironmentalIssues..................................................................................................................................14 I. Aesthetics.............................................................................................................................................14 11. Agriculture and Forest Resources.......................................................................................................15 III. Air Quality...........................................................................................................................................16 IV. Biological Resources...........................................................................................................................19 V. Cultural Resources..............................................................................................................................21 VI. Geology and Soils...............................................................................................................................23 VII. Greenhouse Gas Emissions...............................................................................................................24 VIII Hazards and Hazardous Materials....................................................................................................25 IX Hydrology and Water Quality..............................................................................................................26 X. Land Use and Planning........................................................................................................................28 XI. Mineral Resources..............................................................................................................................29 XII. Noise..................................................................................................................................................29 XIII. Population and Housing...................................................................................................................30 XIV. Public Services..................................................................................................................................31 XV. Recreation.........................................................................................................................................32 Page 4 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 XVI. Transportation/Traffic......................................................................................................................32 XVII. Utilities and Service Systems..........................................................................................................33 Mandatory Findings of Significance............................................................................................................35 Summary of Mitigation Measures...............................................................................................................36 References...................................................................................................................................................42 Documents& Maps.................................................................................................................................42 Page 5 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Introduction Introduction and Regulatory Guidance The Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo Grande (the City) to evaluate the potential environmental effects of the proposed project. This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. An Initial Study is conducted by a lead agency to determine if al',project may have a significant effect on the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant effects to a less -than -significant level, a Mitigated Negative Declaration may be prepared instead of an EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons a proposed project would not have a significant effect on the environment and, therefore, why an EIR need not be prepared. This IS/MND conforms to the content requirements under CEQA Guidelines §15071. Lead Agency The lead agency is the public agency with primary approval authority over the proposed project. In accordance with CEQA Guidelines §15051(b)(1), "the lead agency wilt normally be an agency with general governmental powers, such as a city or county, >rather than an agency with a single or limited purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for the lead agency is: Aileen Nygaard,<Associate Planner City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 (805)473-5420 Purpose and Document Organization The purpose of this document is to evaluate the potential environmental effects of the proposed project. Mitigation measures have been identified and incorporated into the project to eliminate any potentially significant impacts or reduce them to a less -than -significant level. This document is organized as follows: • Introduction This chapter provides an introduction to the project and describes the purpose and organization of this document. • Project Description This chapter describes the reasons for the project, scope of the project, and project objectives. Page 6 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 • Environmental Setting, Potential Impacts and Mitigation Measures This chapter identifies the significance of potential environmental impacts, explains the environmental setting for each environmental issue, and evaluates the potential impacts identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are incorporated, where appropriate, to reduce potentially significant impacts to a less -than - significant level. • Mandatory Findings of Significance This chapter identifies and summarizes the overall significance of any potential impacts to natural and cultural resources, cumulative impacts, and impact to humans, as identified in the Initial Study. • Summary of Mitigation Measures This chapter summarizes the mitigation measures incorporated into the project as a result of the Initial Study. References This chapter identifies the references and sources used in the preparation of this IS/MND. It also provides a list of those involved in the preparation of this document. Summary of Findings Section 3 of this document contains the Environmental (Initial Study) Checklist that identifies the potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting from implementation of the proposed project. In accordance with §15064(f) of the CEQA Guidelines, a Mitigated Negative Declaration shall be prepared if the proposed project will not have a significant effect on the environment after the inclusion of mitigation measures in the project. Based on the available project information and the environmental analysis presented in this document, there is no substantial evidence that, after the incorporation of mitigation measures, the proposed project would have a significant effect on the environment. It is proposed that a Mitigated Negative Declaration be adopted in accordance with the CEQA Guidelines. Page 7 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Project Description Introduction This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo Grande (the City) to evaluate the potential environmental effects of the proposed project. The City contains 5.5 square miles and has a population of approximately 17,252 (2010 Census). Tourism, retail sales, services, and agriculture form the core of the local economy. Arroyo Grande has distinct areas of residential, commercial, and industrial land uses and future development is expected to be through infill development rather than through the conversion of undeveloped land to urban uses outside of City limits. Location The project site is approximately 2.15 acres in size and is located on the wester the midst of large lot single family residences. The project site is comprised existing single family residence. The site is surrounded on the east, north; subdivision. This neighborhood is characterized by large oak trees that have residential lots. side of Highway 101 in f two parcels and one rd west by residential een, retained on large Page 8 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Background and Need for Project The project site is an infill location within the Single Family Residential (SF) zoning district. Of the eight lots, seven new home sites will provide additional housing options for the community. Project Description The development plan will create eight residential lots on a 2.15 acre property in the SF zoning district. The seven new lots are arranged along a 300' private drive terminating in a fire access turn -around. The site contains several large oak trees that provide the site with a mature character. The new lots will be custom residences, while the existing residence will maintain its large lot "estate" character. Page 9 of 42 INITIAL STU DY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Other Required Public Agency Approvals None. Related Projects None. Page 10 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Environmental Checklist Project Information Project Title: Tentative Tract Map 13-003 and Planned Unit Development 14-004 Lead Agency Name & Address: City of Arroyo Grande 300 East Brach Street Arroyo Grande, CA 93420 Contact Person & Telephone Number: Aileen Nygaard, Associate Planner (805)473-5420 Project Location: 1029 Ash Street :Arroyo Grande, CA 93420 Project Sponsor Name & Address: Ash Street Investors 214 Whitely Street Arroyo Grande, CA 93420 General Plan Designation: Medium Density Residential (MD) Zoning: Single Family Residential (SF) Description of Project Refer to page 9 Surrounding Land Uses & Setting: The proposed project is located on two large residential parcels developed with one single family residence and surrounded by residential to the north, Approval Required from Other Public Agencies: south, east, and west. The neighborhood is characterized by large oak trees. None. Page 11 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following pages: ® Aesthetics ®Biological Resources ❑ Greenhouse Gas Emissions ❑ Land Use/Planning ❑ Population/Housing ❑ Transportation/Traffic ❑ Agricultural Resources ® Cultural Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public services ❑ Utilities/Service Systems Determination On the basis of this initial evaluation: ® Air Quality ❑ Geology/Soils ®Hydrology/Water Quality ®Noise ❑ Recreation ❑ Mandatory Findings of Significance ❑ 1 find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ® I find that, although the original scope of the proposed project COULD have had a significant effect on the environment, there WILL NOT be a significant effect because revisions/mitigations to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT or its functional equivalent will be prepared. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment. However, at least one impact has been adequately analyzed in an earlier document, pursuant to applicable legal standards, and has been addressed by mitigation measures based on the earlier analysis, as described in the report's attachments. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the impacts not sufficiently addressed in previous documents. ❑ I find that, although the proposed project could have had a significant effect on the environment, because all potentially significant effects have been adequately analyzed in an earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, all impacts have been avoided or mitigated to a less -than - significant level and no further action is required. Aileen Nygaa d Date Associate Planner Page 12 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Evaluation of Environmental Impacts 1. A brief explanation is required for all answers, except "No Impact", that are adequately supported by the information sources cited. A "No Impact' answer is adequately supported if the referenced information sources show that the impact does not apply to the project being evaluated (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on general or project -specific factors (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must consider the whole of the project -related effects, both direct and indirect, including off-site, cumulative, construction, and operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, the checklist answers must indicate whether that impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate when there is sufficient evidence that a substantial or potentially substantial adverse change may occur in any of the physical conditions within the area affected by the project that cannot be mitigated below a level of significance. If there are one or more "Potentially Significant Impact' entries, an Environmental Impact Report (EIR) is required. 4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation Incorporated) applies where the incorporation of mitigation measures, prior to declaration of project approval, has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact with Mitigation." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR (including a General Plan) or Negative Declaration [CCR, Guidelines for the Implementation of CEQA, § 15063(c)(3)(D)j. References to an earlier analysis should: a) Identify the earlier analysis and state where it is available for review. b) Indicate which effects from the environmental checklist were adequately analyzed in the earlier document, pursuant to applicable legal standards, and whether these effects were adequately addressed by mitigation measures included in that analysis. c) Describe the mitigation measures in this document that were incorporated or refined from the earlier document and indicate to what extent they address site-specific conditions for this project. 6. Lead agencies are encouraged to incorporate references to information sources for potential impacts into the checklist or appendix (e.g., general plans, zoning ordinances, biological assessments). Reference to a previously prepared or outside document should include an indication of the page or pages where the statement is substantiated. 7. A source list should be appended to this document. Sources used or individuals contacted should be listed in the source list and cited in the discussion. 8. Explanation(s) of each issue should identify: a) the criteria or threshold, if any, used to evaluate the significance of the impact addressed by each question and b) the mitigation measures, if any, prescribed to reduce the impact below the level of significance. Page 13 of 42 INITIAL STU DY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Environmental issues I. Aesthetics Environmental Setting The City is mostly built -out, with distinct residential, commercial and agricultural districts and several mixed-use areas. The City also contains portions of three creeks and several open space areas. The City has been recognized as a "Tree City" for each of the last 32 years. The proposed project is located on a relatively flat 2.15 acre site with several large Oak trees and a eucalyptus windrow along the western boundary. Currently the visual aesthetic is a park -like setting with a mixture of large specimen and clustered oak trees on a vacant maintained lot and bound by a row of eucalyptus trees. Project development will eliminate the long range view into the site and views of the large existing specimen oak at the front of the site. This residential tract, known as the Fair Oaks Tract, was originally divided into approximately one acre size lots in 1926. Large, lot areas allowed for the retention of trees originally, and over time as lots were subdivided, many of these trees still characterize the overall neighborhood with mature tree canopies. Though most of the existing oaks are proposed to be retained with the subdivision, overall development impacts maa lead to the conditions and eventually lead to the removal of mature cant In addition, short term aesthetics will be .affected; on trash recycling, and green waste receptacles will line the prof not proposed. Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage >scenic resources, including;: but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highwaq? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? n of health p day when potentially 24 rubbish, , because pick-up at individual lots is Potentially Less Than fess Than Significant Significant Significant No Impact Impact With Impact Mitigation ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ Discussion a, b,d: No impact c: The current visual character is the pastoral view into the site. Lot development will likely include a 6' tall solid fence at the project frontage and a 30' tall house that will effectively block views into the site. The new development may also substantially degrade the existing visual character of the site and its surroundings by degrading the health conditions of existing oak trees. Less than significant impact with mitigation Page 14 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 MM 1-1: A minimum 6' wide street tree landscape buffer shall be provided along the project frontage on Ash Street. References: 1, 3, 15, 16, 19 II. Agriculture and Forest Resources Environmental Setting The City of Arroyo Grande contains approximately 460 acres of active farmland, most of which is Prime Farmland consisting of Class I and Class II soils. There are no forest resources located within the City. The site is not located in proximity to any agricultural land. * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model for use in assessing impacts on agricultural and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Discussion a -e: No Impact References: 1, 2, 3, 4, 9,15 Page 15 of 42 Potentially Less Than Less Than Significant Significantwith Significant No Impact Would the project: Impact Mitigation Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public ❑ ❑ ❑ Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non -forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ ❑ conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model for use in assessing impacts on agricultural and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Discussion a -e: No Impact References: 1, 2, 3, 4, 9,15 Page 15 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TENTATIVE TRACT MAP 13-003 and PLANNED UNIT I III. Air Quality APRIL 2015 Environmental Setting San Luis Obispo County is in non -attainment status for ozone (03), respireable particulate matter (PM10) and vinyl chloride under the California Air Resource Board (CARB) standards. The County is in attainment status for all other applicable CARB standards. * Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make these determinations. San Luis Obispo County Air Pollution Control District (APCD) The San Luis Obispo County Air Pollution Control District recommends standards during construction to ensure that best management construction activities and operational standards for residential development are observed. These recommendations are provided below. Discussion a,c,e: No impact b, d: The APCD recently evaluated a larger residential subdivision within the City limits and determined that impacts were likely less than the APCD's significance threshold values of 137lbs/day of ROG + NOx and/or 2.5 tons/quarter of ROG + NOx, 7 lbs/day and/or 0.13 tons/quarter of DPM or 2.5 tons/quarter of fugitive dust. In addition, the operational phase emissions would not exceed the APCD's daily operational emission threshold of 25 lbs/day of Reactive Organic Gases (ROG) + Nitrous Oxides (NOx) in Table 3-2 of the 2012 CECA Handbook. Based on this premise and that limited earthwork is proposed with this project, implementation of mitigation measures during construction will reduce the overall potential air quality impacts from the project to a level of insignificance. Less than significant with mitigation Page 16 of 42 Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Conflict with or obstruct implementation of the ❑ ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ® ❑ ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ❑ ❑ ❑ ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ® ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? * Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make these determinations. San Luis Obispo County Air Pollution Control District (APCD) The San Luis Obispo County Air Pollution Control District recommends standards during construction to ensure that best management construction activities and operational standards for residential development are observed. These recommendations are provided below. Discussion a,c,e: No impact b, d: The APCD recently evaluated a larger residential subdivision within the City limits and determined that impacts were likely less than the APCD's significance threshold values of 137lbs/day of ROG + NOx and/or 2.5 tons/quarter of ROG + NOx, 7 lbs/day and/or 0.13 tons/quarter of DPM or 2.5 tons/quarter of fugitive dust. In addition, the operational phase emissions would not exceed the APCD's daily operational emission threshold of 25 lbs/day of Reactive Organic Gases (ROG) + Nitrous Oxides (NOx) in Table 3-2 of the 2012 CECA Handbook. Based on this premise and that limited earthwork is proposed with this project, implementation of mitigation measures during construction will reduce the overall potential air quality impacts from the project to a level of insignificance. Less than significant with mitigation Page 16 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 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 Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. MM III -2: Dust Control Measures 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; IT. 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; 1. 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 Page 17 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 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 III -3: 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/ordiesIO7/frool.ndf. 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 nearby sensitive receptors: a. Staging and queuing areas shall not be located 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 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. Page 18 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT APRIL 2015 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 • Dedicated gas-fired fireplaces. References: 1, 4, 10, 11, 15 IV. Biological Resources Environmental Setting The proposed project is located on 2.15 acres, of which, roughly two -thirds of the site has been historically vacant and one third has been developed as a home site with domestic landscaping. The existing trees on the vacant part of the property are mainly native coast live oak trees with a row of eucalyptus trees approximately 30-40 foot tall located along the western boundary. The local Community Tree Program is intended to promote the preservation, maintenance, and regeneration of all trees; to provide a beautiful and aesthetically pleasing community; and to preserve trees or groves of unique or historical value and wildlife habitat. An arborist report was prepared that addresses the oak trees. Development impacts to oak trees will occur in two ways: 1) with the private drive alignment and 2) with the individual lot development. Construction of the private drive will require excavation of 2 feet of native soil material within the root zone of approximately 12 oak trees. Four oak trees are proposed for removal, three within the drive and one dead tree on a proposed lot. Though the paving material is proposed as pervious, the initial cutting of more than 33% of the root zone and an unknown number of roots over 1" in size is detrimental. The road alignment within the clustered trees and their overlapping canopies make it difficult to assess the actual amount of root zone impacts per tree and proximity of paving to tree trunks. Industry standards for tree protection indicate that paving shall be no closer than 15' to any tree trunk, but could be as close as 10' with porous paving. Industry standards also indicate that a tree should be impacted no more than 25-33% of its root zone. The arborist report for the project defines the Critical Root Zone (CRZ) for trees as 12" in radius for each 1" of diameter of trunk size and directs that all work in this area should be supervised by a certified arborist and include excavation and root pruning by hand. The alignment and excavation required for construction of the driveway will impact some trees to the extent of their disturbance allowance. The arborist report indicates, however, that though the excavation will be 2' deep for the road base and utility trenching is deeper, that this will not impact the trees. The pavers must support the weight of a 75,000 pound emergency vehicle and with potentially large roots saved and remaining in the road section, the foundation of the base material is potentially compromised. In addition, emergency vehicle clearance beneath the trees will require pruning of branches to a height of 13+ feet. The amount of limbs removed and the impacts to the tree canopy are not addressed in the arborist report. Page 19 of 42 INITIAL STU DY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 The impact allowance to approximately 6 trees is met or exceeded by the private drive alignment. These conditions should be identified in order to properly reduce buildable area on individual lots. Development on individual lots and the protection of oak trees has been partially addressed in the Design Guidelines by requiring raised floor foundations and by limiting the amount of encroachment within the tree canopy by structure, paving and landscaping. Setbacks from oak trees trunks should be identified as well. The large 60" diameter oak tree on Lots 1 and 2 is a prime specimen tree and could be considered for the Landmark Tree designation. The shape and form of the tree, coupled with its age, provides a grand example of this species of oak. The Arroyo Grande community does not have many examples of large oaks still existing within the urban setting and the program offers additional protection of the tree by requiring consent of tree removal by the City Council and written approval for pruning branches larger than 2". Monitoring the tree's health is required every 3 years. Page 20 of 42 Potentially Less Than Less Than Significant Significant Significant No Impact with Would the project: Impact Mitigation Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status ❑ ❑ ❑ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the ❑ ❑ ❑ California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, ❑ ❑ ❑ vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ❑ ❑ ❑ corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ® ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation El El ElPlan, or other approved local, regional, or state habitat conservation plan? Page 20 of 42 INITIAL STU DY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVETRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Discussion a -d, f: No impact e: Oak Tree protections can be addressed for the project by the implementation of development restrictions regarding site design, established performance criteria during construction, and operational criteria for lot owners regarding best management practices for the treatment of oak trees. Less than significant impact with mitigation 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 exavation 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. MM IV -2: Private Drive paving shall be no closer than 10' to any oak tree trunk and must be porous within 15' of any trunk. Alternative paving materials may be considered if determined to be less intrusive to root system. MM IV -3: 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 with 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'. 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. References: 1, 15, 16, 17 V. Cultural Resources Environmental Setting Previous investigations have indicated the presence of Native Americans within the present-day City Limits during prehistoric times. There are a handful of designated historical resources within the City, including the IOOF Hall, the Paulding House and the Bridge Street Bridge. The project location has been historically utilized for a single family residence and existing structures do not qualify as historically significant. Phase 1 cultural resource surveys performed in the near vicinity have produced negative results indicating a low potential for the presence of resources on this site. Page 21 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Discussion a -b: It is unlikely that cultural resources exist on the subject property. As a precaution, however, if cultural resources are encountered during the construction process, development activities at the site shall cease until a qualified archaeologist has been employed to view and assess the discovery and prepare a mitigation plan. Less than significant with mitigation 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, 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. c: No impact d: The proposed project will require grading and ground disturbance, which may disturb human remains, including those that have been interned outside of formal cemeteries. Less than significant with mitigation 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 notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered remains. References: 1, 3, 5, 15 Page 22 of 42 Potentially Less Than Less Than Significant Significant Significant No Impact Would the project: Impact with Mitigation Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in § ❑ ® ❑ ❑ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ❑ ® ❑ ❑ § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic ❑ ❑ ❑ 17 feature? d) Disturb any human remains, including those ❑ ® ❑ ❑ interred outside of formal cemeteries? Discussion a -b: It is unlikely that cultural resources exist on the subject property. As a precaution, however, if cultural resources are encountered during the construction process, development activities at the site shall cease until a qualified archaeologist has been employed to view and assess the discovery and prepare a mitigation plan. Less than significant with mitigation 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, 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. c: No impact d: The proposed project will require grading and ground disturbance, which may disturb human remains, including those that have been interned outside of formal cemeteries. Less than significant with mitigation 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 notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered remains. References: 1, 3, 5, 15 Page 22 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 VI. Geology and Soils Environmental Setting There are two faults within City Limits, the Pismo Fault and the Wilmar Avenue Fault. The Pismo Fault is an inactive fault, and presents a low risk to Arroyo Grande. The Wilmar Avenue fault is a potentially active fault that runs through the City, generally parallel to US 101. Approximately half of the City is at moderate risk for liquefaction caused by strong seismic ground shaking during an earthquake. These areas are primarily located south of US 101 and in the eastern part of the City and does not include this site. The majority of the City is at low risk for landslides. The areas at greatest risk are hillsides where greater slopes are located. The potential for slope stability hazards in valley areas is low to very low. The areas at greatest risk for landslide are just north of US 101 in the hillsides and in the eastern portions of the City. Page 23 of 42 Potentially Less Than Less Than Significant Significant withSignificant No Impact Would the project: Impact Mitigation Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area, or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) 2) Strong seismic ground shaking? 3) Seismic -related ground failure, including liquefaction? 4) Landslides? b) Result in substantial soil erosion or the loss of ❑ ❑ ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site ❑ ❑ ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1-6 of the Uniform Building Code (1994), creating ❑ ❑ ❑ substantial risks to life or property? Page 23 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal El El E3systems where sewers are not available for the disposal of waste water? Discussion a: The Wilmar Avenue Fault is a potentially active fault and could trigger an earthquake, causing strong seismic ground shaking and ground failure due to liquefaction. Any potential impacts to the proposed project will already be mitigated to an acceptable level of risk by following the Uniform Building Code development standards. Less than significant impact b -e: No impact References: 1, 2, 3, 4, 5, 12, 15, 17 VII. Greenhouse Gas Emissions Environmental Setting The City of Arroyo Grande emitted approximately 96,549 metric tons of carbon dioxide equivalent (CO2e) in the baseline year 2005. The transportation sector was by far the largest contributor to emissions (57.0%), producing approximately 55,030 metric tons of CO2e in 2005. Emissions from the residential sector were the next largest contributor (24.6%), producing approximately 23,778 metric tons of CO2e. The commercial and industrial sectors accounted for a combined 12.3% of the total. Emissions from solid waste comprised 6.0% of the total, and emissions from other sources such as agricultural equipment comprised 0.1%. The majority of emissions from the transportation sector were the result of gasoline consumption in private vehicles traveling on local roads, US Highway 101, and state highways. The APCD encourages a balance of residential and commercial infill within the existing County URL/VRLs, as this is consistent with the land use goals and policies of the APCD's Clean Air Plan. Enabling residents the opportunity to live, work and shop within areas that utilize land use principles that reduce the need to drive and minimizes vehicle exhaust emissions which account for over 50% of the County's air pollution including greenhouse gas emissions. Increasing density can reduce trips and travel distances and encourage the use of alternative forms of transportation. The APCD supports this project as it is consistent with the Conservation and Open Space Elements of the SLO County's General Plan, and the Energy Wise Plan, both adopted by the SLO County Board of Supervisors. Page 24 of 42 Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant effect on the ❑ ❑ ® ❑ environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ❑ ❑ ® ❑ greenhouse gases? c) Result in the exposure of local residents to hazards El El® ❑ associated with climate change? Page 24 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 APRIL 2015 Discussion a -c: In addition to the project's infill location, as previously discussed in the Air Quality section of this Initial Study/Mitigated Negative Declaration, the proposed project will require project conditions to mitigate any potential impacts to air quality during construction and for residential operations. Due to the capacity of these measures to additionally help mitigate any impacts to greenhouse gas emissions, the project is not anticipated to significantly increase greenhouse gas emissions within the City. Less than significant impact References: 10, 11, 15 VIII Hazards and Hazardous Materials Environmental Setting There are no known hazardous materials sites in the City, nor are there any airports within the vicinity of the City. Page 25 of 42 Potentially Less Than Less Than Significant Significant Significant No Impact Would the project: Impact Impact Mitigation Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ ❑ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset El El Eland accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste 1:1 El ❑ within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ ❑ ❑ would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people ❑ ❑ ❑ residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? Page 25 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including ❑ ❑ ❑ where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion a -h: No impact References: 4, 12, 15 IX Hydrology and Water Quality Environmental Setting The City of Arroyo Grande draws its water supply from a combination of the Lopez Reservoir and groundwater wells. Wastewater service is provided by the South San Luis Obispo County Sanitation District. The site is located in Stormwater Drainage Zone A of the Drainage Master Plan and within the Fair Oaks Drainage watershed. Soils in this watershed are typically suitable for infiltration basins. The project is proposing the installation of pervious paving for the private drive and relies on this project feature to address onsite drainage. Each individual lot will also be required to process its own run off within each lot. It is estimated that an approximately 4' x 15' area will be required for a drainage facility on each lot. These facilities are recommended to be located at minimum of 8' from foundations. Low - impact development (LID) techniques are required to be implemented by the Central Coast Regional Water Quality Control Board (RWQCB) and will act to filter drainage water. Page 26 of 42 Potentially Less Than Less Than Significant Significant Significant No Impact with Would the project: Impact Mitigation Impact a) Violate any water quality standards or waste El ® El 1:1discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ❑ ❑ ® ❑ production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the El El Elcourse of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? Ill Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase ❑ ❑ ❑ the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? Page 26 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater ❑ ❑ ❑ drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ® ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures ❑ ❑ ❑ which would impede or redirect flood flows? Discussion a: Development of the proposed project would result in an increase in the amount of impervious surface area and an associated increase in the rate and volume of stormwater runoff from the site. Construction activities have the potential to disrupt soil and cause erosion and increase sediment runoff. An Erosion Control Plan will be prepared prior to any ground disturbance activities to provide the details of the erosion control measures to be applied on the site during construction. The Erosion Control Plan will include Best Management Practices (BMPs) designed to minimize sediment in site runoff during construction. BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and sediment basins. Any disturbed portions of the project area will be revegetated following construction activities. Less than significant with mitigation 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. b. The anticipated increase in water consumption by the project will result from 7 new single family residences. The property is zoned residential and water use projections and supplies for this property have already been included within the Water Master Plan. Less than significant impact c, d, e: No impact f: The Central Coast Regional Water Quality Control Board (RWQCB) requires municipalities, via the Municipal General Storm Water Permit, to minimize negative impacts on aquatic ecosystems and degradation of water quality to the maximum extent practicable. Permittees must implement Best Management Practices (BMPs) that reduce pollutants in stormwater runoff to the technology-based standard of Maximum Extent Practicable (MEP) to protect water quality. The goals of post -construction BMPs are to prevent and control erosion and sedimentation, provide source control of potential pollutants, control and treat runoff, and protect wetlands and water quality resources. Post - Page 27 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 construction BMPs are required to achieve stormwater quality standards through Low Impact Development site -planning measures. Vegetative swales or other biofilters are recommended as the preferred choice for post -construction BMPs for all projects with suitable landscape areas, because these measures are relatively economical and require limited maintenance. For projects where landscape based treatment is impracticable, or insufficient to meet required design criteria, other post - construction BMPs should be incorporated. All post -construction BMPs must be maintained to operate effectively. Less than significant impact with mitigation MM IX -4: The project shall meet all Low Impact Development requirements set by the Regional Water Quality Control Board to the maximum extent practical. 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. g,h: No impact References: 4, 5, 6, 7, 8, 15, 18 X. Land Use and Planning Environmental Setting The City encompasses approximately 5.5 square -miles and is bisected north/south by US Highway 101. There are several distinct land use categories and zoning districts for residential, commercial, industrial, agricultural and mixed uses. The City is adjoined by the cities of Pismo Beach and Grover Beach to the west and unincorporated areas of San Luis Obispo County to the north, east and south. Page 28 of 42 Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with the applicable land use plan, policy, or regulation of any agency with jurisdiction over the project (including, but not limited to, a general plan, ❑ ❑ ❑ El specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? Discussion a,b,c No impact Page 28 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 References: 1, 2, 3, 4, 15 XI. Mineral Resources Environmental Setting There are no known mineral resources in the City of Arroyo Grande. Discussion a -b: No impact References: 1, 4, 5 XII. Noise Environmental Setting Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and US Highway 101, with intermittent noise generated by agricultural operations and construction activities. The site is surrounded on all sides with residential uses which are sensitive to noise outside of work day hours. Potentially Less Than Less Than Significant Significant Significant No Impact Would the project: Impact with Impact Would the project: Mitigation a) Result in the loss of availability of a known mineral ❑ ® ❑ ❑ resource that is or would be of value to the region and ❑ ❑ ❑ the residents of the state? b) Result in the loss of availability of a locally 1-1 ® El 11groundborne important mineral resource recovery site delineated 1:1 El 1:1on a local general plan, specific plan, or other land use plan? ❑ ❑ ❑ Discussion a -b: No impact References: 1, 4, 5 XII. Noise Environmental Setting Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and US Highway 101, with intermittent noise generated by agricultural operations and construction activities. The site is surrounded on all sides with residential uses which are sensitive to noise outside of work day hours. Page 29 of 42 Potentially Less Than Significant Less Than Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Generate or expose people to noise levels in excess of standards established in a local general plan or ❑ ® ❑ ❑ noise ordinance, or in other applicable local, state, or federal standards? b) Generate or expose people to excessive 1-1 ® El 11groundborne vibrations or groundborne noise levels? c) Create a substantial permanent increase in ambient noise levels in the vicinity of the project (above levels ❑ ❑ ❑ without the project)? d) Create a substantial temporary or periodic increase in ambient noise levels in the vicinity of the project, in ❑ ® ❑ ❑ excess of noise levels existing without the project? Page 29 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 e) Be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the ❑ ❑ ❑ project expose people residing or working in the project area to excessive noise levels? f) Be in the vicinity of a private airstrip? If so, would the project expose people residing or working in the ❑ ❑ ❑ project area to excessive noise levels? Discussion a, b, d: During construction of the proposed project, the use of construction vehicles and equipment has the potential to generate excessive levels of noise; however, this is only a temporary increase. All construction activities will comply with applicable City policies regarding noise. Less than significant impact with mitigation MM XII -1: Construction activities shall be restricted to between 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. c, e, f: No impact References: 1, 3, 15 XIII. Population and Housing Environmental Setting Arroyo Grande has a population of 17,252 (2010 Census) with an average household size of 2.4 persons. The project site is located between existing developed residential neighborhoods and is considered an infill project. The project will retain the existing single family residence on the site and will provide 7 new housing options for the community. No existing housing will be displaced with this project. Would the project: Potentially Less Than Significant Significant Impact With Mitigation Less Than Significant No Impact Impact Page 30 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 a) Induce substantial population growth in an area, either directly (for example, by proposing new homes ❑ ❑ ❑ and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? Discussion a -c: No impact References: 1, 4, 15 XIV. Public Services Environmental Setting The City of Arroyo Grande administers its own police department and parks and recreation facilities. Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement (JPA). The Lucia Mar Unified School District (LMUSD) provides K-12 educational facilities. Public services to the project site are readily provided by the City of Arroyo Grande. Would the project: a) Result in significant environmental impacts from construction associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection: Schools? Parks? Other public facilities? Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Mitigation Impact ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ Discussion a: The project developer is require to pay Lucia Mar School District development fees. Less than significant impact. References: 1, 4, 12, 15 Page 31 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 XV. Recreation Environmental Setting The Recreation Department oversees recreational activities throughout the City and manages the City's various parks and open spaces. The project will not affect any existing park or other recreational resource and is not expected to create additional demand for recreational facilities. Any potential impact will be mitigated by the City's standard condition requiring payment of park development (Quimby) and impact fees for the improvement or development of neighborhood community parks. Discussion a -b: No impact References: 1, 4 XVI. Transportation/Traffic Environmental Setting The City's street network consists of a hierarchy of street types which serve different functions. These include freeways, arterials, collectors, local streets and alleyways. Freeways route traffic through the community and are characterized by large traffic volumes and high- speed travel. Arterials link residential and commercial districts and serve shorter through traffic needs. Due to the heavier traffic on arterials, adjacent land uses are intended to be a mix of commercial and multi -family residential. Collector streets link neighborhoods to arterials and are not intended for through traffic but are nonetheless intended to move traffic in an efficient manner. Local streets are designed to serve only adjacent land uses and are intended to protect residents from through traffic impacts. Would the project: Potentially Potentially Less Than Less Than with Significant Significant Significant No Impact Impact with Impact Would the project: Mitigation a) Increase the use of existing neighborhood and regional parks or other recreational facilities, such that El El El E substantial physical deterioration of the facility would occur or be accelerated? b) Include recreational facilities or require the construction or expansion of recreational facilities that ❑ El ❑ might have an adverse physical effect on the environment? Discussion a -b: No impact References: 1, 4 XVI. Transportation/Traffic Environmental Setting The City's street network consists of a hierarchy of street types which serve different functions. These include freeways, arterials, collectors, local streets and alleyways. Freeways route traffic through the community and are characterized by large traffic volumes and high- speed travel. Arterials link residential and commercial districts and serve shorter through traffic needs. Due to the heavier traffic on arterials, adjacent land uses are intended to be a mix of commercial and multi -family residential. Collector streets link neighborhoods to arterials and are not intended for through traffic but are nonetheless intended to move traffic in an efficient manner. Local streets are designed to serve only adjacent land uses and are intended to protect residents from through traffic impacts. Would the project: Potentially Less Than Significant Significant with Impact Mitigation Less Than Significant No Impact Impact Page 32 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non -motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 11 ❑ ❑ ❑ 19 ❑ ❑ ® ❑ ❑ ❑ ❑ County Sanitation District. Discussion a -d, f: No impact e: The pervious paving on the private drive is designed to accommodate the weight of an emergency vehicle and the tree limbs shall be pruned to a height to allow passage beneath. Less than significant impact References: 1, 3, 13, 17 Xt1II. Utilities and Service Systems Environmental Setting Water and sewer utilities are provided by the City of Arroyo Grande and the South San Luis Obispo County Sanitation District. Potentially Less Than Less Than Significant Significant Significant No Impact Would the project: Impact with Mitigation Impact a) Exceed wastewater treatment restrictions or standards of the applicable Regional Water Quality ❑ ❑ ❑ Control Board? Page 33 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 b) Require or result in the construction of new water or wastewater treatment facilities or expansion of ❑ ❑ ❑ existing facilities? Would the construction of these facilities cause El El Elsignificant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing ❑ ❑ ❑ facilities? d) Have sufficient water supplies available to serve the project from existing entitlements and resources or ❑ ❑ ❑ are new or expanded entitlements needed? e) Result in a determination, by the wastewater treatment provider that serves or may serve the project, that it has adequate capacity to service the ❑ ❑ ❑ project's anticipated demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste ❑ ❑ ❑ disposal needs? g) Comply with federal, state, and local statutes and 1:1 El Elregulations as they relate to solid waste? Discussion a -g: No impact References: 3, 4, 5, 6, 7, 8,15 Page 34 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Mandatory Findings of Significance Would the project: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Mitigation Impact ❑ ❑ ❑ endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively, considerable" means that the incremental effects of a project are considerable when viewed In connection ❑ ❑ ❑' with the effects of past projects, the effects of other current projects, and the effects of probablefuture projects)? c) Does the project have environmental effects which will cause substantial -adverse effects on human ❑, ❑ Z beings, either directly'or indirectly? Discussion a: Construction of 7 new residential clots within existing developed neighborhoods will F H not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. No impact b: Construction of 7 new residential lots within existing developed neighborhoods in accordance with applicable zoning standards, building codes and the mitigation measures identified in this document, will ensure that the project does not have impacts that are individually limited, but cumulatively considerable. No impact c: Construction of 7 new residential lots within existing developed neighborhoods in accordance with applicable zoning standards, building codes and the mitigation measures identified in this document, will ensure that the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. Less than significant impact Page 35 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Summary of Mitigation Measures MM 1-1: A minimum 6' wide street tree landscape buffer shall be provided along the project frontage on Ash Street. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo c Works Departme Prior to issuance of a grai MM III -1: If the project site is located in a candidate following requirements apply. Under the+ Construction, Grading, Quarrying, and: Sur construction activities at the site. The project is conducted to determine if the area disturt request must be filed with the APCD. If the regulation, the applicant must comply with all may include development of an Asbestos,D Safety Program for approval by the APCD. " — Engineering Division; Public permit for Naturally Occurring Asbestos (NOA), the 3 Air Toxics Control Measure (ATCM) for Mining Operation's (93105), prior to any ponent shall ensure that a, geologic evaluation Is exempt from the regulation. An exemption is not exempt from the requirements of the uirements outlined in the Asbestos ATCM. This Mitigation Plan and an Asbestos Health and MM 111-2: Dust Control Measures 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 iii a violation of the APMs 402 "Nuisance" Rule. Projects with grading areas that are greater than 4acres 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; Page 36 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 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 III -3: 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/ordiesIO7/frool.od . 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 nearby sensitive receptors: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; Page 37 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 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. APRIL 2015 MM III -4: Truck Routine 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 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 11 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 • 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 Page 38 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 Timing: Prior to issuance of a grading permit and during construction. MM IV -2: 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 MM IV -3: 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, bone, glass, ceramic, wood, or shell artifacts; Page 39 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 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 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. 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 Page 40 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 and PLANNED UNIT DEVELOPMENT 14-004 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division Timing: Prior to issuance of a grading permit and during grading activities Page 41 of 42 INITIAL STUDY/MITIGATED NEGATIVE DECLARATION APRIL 2015 TENTATIVE TRACT MAP 13-003 AND PLANNED UNIT DEVELOPMENT 14-004 Documents & Maps 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande Land Use Map 3. City of Arroyo Grande Municipal Code 4. City of Arroyo Grande Zoning Map S. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010) 6. Arroyo Grande Urban Water Management Plan 7. Arroyo Grande Water System Master Plan (2012) S. Arroyo Grande Wastewater Master Plan (2012) 9. San Luis Obispo Important Farmland Map (California Department of Conservation, 2006) 10. CEQA & Climate Change White Paper (CAPCOA; 2008) 11. Air Quality Handbook (SLO APCD, 2012) 12. Arroyo Grande Multi -Jurisdictional Local Hazard Mitigation Plan (2012)', 13. Arroyo Grande Bicycle & Trails Master Plan 14. Arroyo Grande Climate Action Plan (2013) 15. Project Plans 16. Arborist Report (Arbor First, 2014-2015) 17. Geotechnical Report (Beacon Geotechn c6l,.2014) 18. Drainage Analysis (GTA, 2015) 19. City staff site visits February 19, 2014 and March 9 2015 Page 42 of 42 ATTACHMENT 2 -. : • REGULAR MEETING MONDAY, NOVEMBER The meeting of e City of Arroyo Grande Architectural Review Commi -€ ie was called to order at 3:30 p.m. y Chair Warren Hoag. 2. ROLL CALL Present were Chair Wa en Hoag and Committee Me, ers, Michael Peachey, Mary Hertel and Bruce Berlin. Lrbara Harmon resigned tr%m the Committee due to her new role on the City Council. s'° 3. FLAG SALUTE Chair Hoag led the Flag Salute. None. Mary Hertel made a motion, seconded by Mike Pbachey, to approve the minutes of OBerlin abstaining ductober 6, 2014 as, corrected. The motion passed o e to his absence on that date. a 3-0 1 voice vote, with Bruce 6. PROJECTS ° 6.a. Consideration of Tentative Tract Map 13-003, 8 Lot residential subdivision (Tract 3054); Location — 1029 Ash Street; Applicant — Stacy Bromley Representative— Jeff Emrick Staff Contact: Aileen Nygaard Associate Planner Nygaard presented the staff report. The Committee asked for clarification regarding the environmental review process, existing tree protection standards within the code, and future design review for lot development in tracts without architectural controls. Questions regarding the effect of a Landmark tree designation, how tree impacts are measured, guest parking requirements, site drainage, trash pick- up, and the General Plan Community Facility designation were also raised. Stacy Bromley, owner and Jeff Emrick, representative were present and submitted a revised tract map to the Committee at the meeting. The map presented changes such ARC MINUTES PAGE 2 November 17, 2014 as keeping the existing eucalyptus trees, presented revised setbacks and enlarged the fire truck turn -around. Mr. Emrick commented that the pervious paving and pavers would support fire engines, but not accommodate weekly use by trash trucks. He explained that drainage would be addressed with the development of each lot and that design review by the City was expected. Participation in the landmark tree program should be decided by individual lot owners for recognition purposes, and trees will not be impacted more than 33% per lot. The Committee discussed that adequate tree protection measures were not presented with the project materials at this point and that a tree protection plan would be needed to address construction and post development tree protection. Discussion revolved around the measurement of tree canopy impacts and where canopies cross multiple lots or where canopy areas are already affected by driveway improvements, if that would reduce the amount of area allowable to be impacted by a lot owner. The Committee supported the idea of a Landmark Designation for the Lot 1 oak tree and had mixed support for removal of the large tree on Lot 5, recognizing it exhibits some damage, however may not be a hazard and could be left in place. The Committee also discussed the process of standard building permit review and that as proposed, the standard tract map would not require an ARC review for individual lot development. The Committee discussed the benefits of the Planned Unit Development process and how standards can be modified to fit the physical setting constraints, providing protections for resources, such as the oak trees, that provide a public benefit. It was noted that this neighborhood was historically known for its large lots which enabled it to retain a number of oak trees over the years and are considered neighborhood character. The Committee also noted that trash pick-up on Ash Street present a visual and potentially physical impact when trash/recycle/green waste bins for 7 new lots are located together. Warren Hoag made a motion based upon the November 17, 2014 version of the map, and seconded by Bruce Berlin, to recommend that the following items be thoroughly examined by the Planning Commission during consideration of the project: 1) Low Impact Development standards shall be addressed by the project. 2) The elimination of sidewalks supports the character of a rural setting. 3) The proposal of a Landmark Tree designation for the oak tree on Lot 1 should be considered. 4) Fire Department access appears spatially adequate and will be subject to Fire Department approval. 5) Maintaining the existing row of eucalyptus trees is preferable to the character of the neighborhood and for screening the new project form the adjacent property. ARC MINUTES PAGE 3 November 17, 2014 6) Encroachment into oak tree drip lines (canopy) should be a maximum of 33% per tree. 7) Pervious paving and pavers are good within tree areas if demonstrated can support fire trucks. 8) A post construction mechanism for tree protection is needed with the project. 9) Raised floors are a good recommendation for tree root protection. 10)Processing a Planned Unit Development permit is recommended to provide appropriate development controls for design review and design tools such as building envelopes and raised foundations for tree protection. 11)Stepped setbacks for upper story building is encouraged. 12)Trash bin controls for pick-up on Ash Street are recommended. The motion carried on a 4-0 voice vote. 0 Ir1I1W111:44 Michael Peachey noted thatY submitted by the Northern Chu located near the Heritage House 9. STAFF COMMUNICATIONS None. e Public Art Committee reviewed a new art project �sh Tribe that is a proposed arborglyph sculpture to be Museum. 10. ADJOURNMENT The meeting was adjourned at 5:50 pm to a regu ar meeting on December 1, 2014 at 2:30 pm. Minutes: ARC ATTACHMENT 3 PAGE 2 Monday, March 16, 2015 Michael Peachey made a motion; econded by Mary Hertel, to recommend to the Community Development Director approval of the oject with the following conditions: 1) Accept the blade sign (sign Apr 2) The monument sign shall be reduc'� 3) The use of the "8 sided" calculation the Development Code. The motion carried on a 4-0 voice vote. to 50.5 square -feet; and tdb,od is acceptable to help the applicant meet 8.b. Consideration of Tentative Tract Map 13-003 and Planned Unit Development 14-004; An 8 -Lot Residential Subdivision (Tract 3054); Location - 1029 Ash Street; Applicant — Stacy Bromley; Representative- Jeff Emrick Staff Contact: Aileen Nygaard Associate Planner Nygaard presented the staff report. The Committee asked questions about how the project is meeting the PUD criteria, if a standard subdivision would have a private street, how trash bin pick-up on Ash Street would be accomplished if cars were parked on the street, where the front setback is measured from, and if each lot were allowed to impact a tree by 33% or if each tree could only be impacted by 33%. Jeff Emrick, applicant's representative, spoke in support of the project and addressed questions from the Committee members. Mr. Emrick stated that the project is an ordinary standard subdivision and that all the development standards have been complied with by the map. A PUD application was submitted only at the direction of staff and actually creates issues for the project. As recommended by the arborist, the private drive and utility trenches will be hand dug within the root zones, so there will be no impacts to the trees. Emrick expressed concern that an added landscape buffer on Ash Street would block pastoral views and that the lot coverage calculation promoted by staff would produce small houses. The Landmark Tree designation should be voluntary by the property owner, is really only for pride and that it does not add extra protection. Kirby Gordon, a co -applicant attended the meeting and stated that the intent of the project is to protect the integrity of the large estate lot, and from further subdivision. At 5:35, Bruce Berlin made a motion, seconded by Mary Hertel, to continue the meeting beyond 5:00 pm. The motion carried on a 4-0 voice vote. The Committee discussed that the project is unique, not standard, and merits the criteria that a PUD requires. The Committee discussed the idea of a functional lot that is comparable to a standard lot and creating standards to fit the size. Discussion revolved around structure setbacks from the edge of paving, fencing height and locations, and the potential amount of landscape that could be provided between structures and the private drive based on the Minutes: ARC PAGE 3 Monday, March 16, 2015 proposal. The Committee endorsed peer review of the arborist report and an evaluation of each lot by an arborist in the form of a tree protection plan with Development Review. Mary Hertel made a motion, seconded by Bruce Berlin, to recommend to the Planning Commission approval of the project with the following conditions: 1) The lot coverage maximum shall be calculated as 40% of the functional lot area, which means the lot area excluding the private drive; 2) A landscape area shall be provided along Ash Street to provide for street trees and landscaping; 3) Oak mitigation trees shall be scattered throughout the project; 4) A setback for structures shall be 15' from the edge of private drive paving; 5) 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; 6) Peer review of the arborist report shall be performed; 7) 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. 8) The CC&R's shall include a provision for an annual arborist review of oak tree health within the tract, including any pruning or removal recommendations, which shall be submitted to the Public Works Director for approval. 9) Smart controllers shall be included with all irrigation plans within the tract. 10)Amend Design Guidelines to allow generally low roof pitches including 3:12 to 10:12. 11) Amend Design Guidelines to state that raised floor foundations shall be used for structures with the exception of garages. 12) A permanent deed restriction shall be recorded on Lot 8 to prevent further subdivision. 13) Fencing in public areas shall have a similar design theme and design shall not primarily include ornamental iron fencing. 14)Amend Design Guidelines: construction within tree drip lines may be considered during Design Review with an approved tree protection plan prepared by a qualified arborist. The motion carried on a 4-0 voice vote. Following the motion, the Committee acknowledged Associate Planner Nygaard's efforts in the staff report to discuss the components of the project previously identified by the ARC. 7. DISCUSSION ITEMS: 7.a. Appointment of y After a brief discussion, the ARC concludec[`I continue consideration of appointment of an ARC member to the Bridge Street Bridge Committee takeholder's Group to April 6, 2015 in order to give Committee member Rubatzky an opportunity ,,voice his interest level in the project. 1 ■ � 12.16.060 - Landmark trees. K In order to initiate a landmark tree designation, the owner(s) of such trees shall sign the proposed designation resolution prior to city council adoption, thereby conferring consent for the tree(s) to be voluntarily designated as landmark tree(s) by the city and approved for the city to go upon the owner's property for monumentation, inspection and inventory. Trees may also be designated a landmark tree(s) as part of a city development approval or permit process (see Section 12.16.090). For such case the director shall sign the resolution after its adoption in lieu of the tree owner's(s') signature. The director shall sign as owner for all city -owned trees. B. The city council, upon recommendation of the planning commission or parks and recreation commission, shall, after making any revisions it deems appropriate, designate landmark trees or landmark groves by resolution. The director shall administer the landmark tree program for the city. C. In the event a landmark tree(s) owner desires to remove landmark tree designation from his or her tree(s), the owner may petition the city council to adopt a resolution repealing landmark status from the tree(s). D. No landmark tree(s) shall be removed without the consent of the city council, nor shall any landmark trees be destroyed or damaged. E. The director shall maintain a permanent log of all trees designated. Such log shall consist of a copy of all resolutions designating landmark trees. Each resolution shall contain a landmark tree monumentation number, a photograph of the tree(s), a location map of the tree(s) on the property, the reasons why such tree(s) has been designated a landmark tree(s), and the signature and owner's(s') name, and the address and legal description of the property upon which the tree(s) is located. The director shall present a copy of the adopted resolution to the tree owner. F. The director shall install a permanent marker upon or near each landmark tree, identifying the tree as a landmark tree, and containing the tree monumentation number. One marker may be used for a landmark grove. G. The director shall cause the physical inspection and inventory of all landmark trees every three years to determine their condition and presence, and he/she shall report his or her findings publicly to the city council, the parks and recreation commission, and the planning commission, via the city manager. H. Upon the death of a landmark tree, the director shall record the estimated date of death and suspected cause of death upon the resolution designating the tree. The director shall use such information to assist in determining future tree preservation programs for the city. I. No branches two inches or larger on a landmark tree shall be pruned without prior written approval of the director or the city tree coordinator. (Ord. No. 656, § 1, 8-27-2013) ATTACHMENT 5 Date: 4/15/2015 To: City of Arroyo Grande Planning Department From: Finney and Mary Jane Smith Re: Planned Unit Development 14-004 My name is Finney Smith, my mother Mary Jane Smith lives at 1030 Ash Street, she and my father Bill bought their home over fifty years ago and my mother still lives there today. Below I have listed a number of reasons why we believe the City of Arroyo Grande should deny approval of Planned Unit Development 14- 004 at 1029 Ash Street. The scope of the project is simply too big for our neighborhood. If approved, 1029 Ash would be the home to eight single-family homes. The substantial increased traffic and parking congestion would create a significant negative impact on street safety, fire protection, a substantial increase in noise and air pollution not to mention diminishing the historic beauty of our street. In addition, short-term aesthetics will be affected on trash pick-up day when potentially 24 rubbish, recycling and green waste receptacles will line the project frontage because pick-up at individual lots is not proposed. As mentioned in page eight of the city's negative declaration report, "This neighborhood is characterized by large oak trees that have been retained on large residential lots." We agree with your description of our neighborhood and we would like you to help keep it that way. As you know the City of Arroyo Grande has been recognized as a "Tree City for the last thirty —two years. However, this project proposes the elimination of at least four protected native oaks and provide conditions to increase the early death of twelve additional native oaks, due to proposed excavation of 2' of native soil surrounding trees and underground infrastructure, roads and buildings to be built very close to remaining trees. City of Arroyo Grand approval of this project seems to be in opposition to it's own City of Arroyo Grande Community Tree Program. A negative impact of the real estate value of neighboring homes is likely to occur if this proposed project is approved and built. While Ash Street Investors would certainly see an increase in their property values their neighbor's homes would not. Please vote NO to this proposed project. Sincerely, Finney and Mary Jane Smith 1030 Ash Street, Arroyo Grande ATTACHMENT 6 From: Sent: ursday, April 16, 2015 9:09 AM To: Aileen Nygaard Subject: Comments for MND for tract map 13-003 Aileen - I'm a new owner of the property at 1046 Fair Oaks Ave. My back yard looks directly onto the proposed PUD. My comments are as follows on the proposed tract map. I fail to understand why so many lots are being proposed in the development at a time when water is going to be unavailable to the existing homes. I believe it won't be long until the City will force further extreme water restrictions on existing property owners and I'll be watching 7 new water consuming homes being built literally in my backyard I while I struggle to keep even my few perennial plants alive. Secondly, the nature of our neighborhood is a mix of smaller and larger lots with typically modest lot coverage. This proposal will result in higher lot coverage and contribute to a change in that nature. To me this density is unwarranted and I would have less objection to the planned development proposal if there were fewer lots with a lower percentage of building coverage. That would help preserve the character, look and feel of our neighborhood. I am not completely against development but at this time it doesn't make sense to worsen the water problems we have with extensive dense development. And I really like the diverse character of my neighborhood so I don't want to see that changed by ever-increasing density all in the name of profit. Thank you and the Commission for your consideration. Greg Van Velsir 1046 Fair Oaks Ave Arroyo Grande, CA 93420 Jenny Weaver 245 Christine Way Pismo Beach, CA 93449 Owner of 1053 Ash St. Arroyo Grande, CA 93420 April 28, 2015 Aileen Nygaard City of Arroyo Grande Community Development Department 300 E. Branch St. Arroyo Grande, CA 9334-20 ATTACHMENT 7 [RECEIEE APR 2, 9 2"N5 r:�°"r 4,r ,:.,E : ,:rez GRANDE `' M' Regarding Project Description: 1029 Ash St. Arroyo Grande, Planned. Unit Development 14-004. Creating 8 total lots accessed by a private drive. Dear Ms. Nygaard, Please accept my comments and opinions about this development. My primary concern has to do with the row of Eucalyptus trees along the border between the development and my property as 1053 Ash Street. In particular, I want to stress up front that a certified tree report has stated that the row of Eucalyptus trees has grown into full maturity and that they are now a danger to anyone and any property in the vicinity. They should be removed. I have read the entire 42 pages of the Draft Initial Study/Mitigated Negative Declaration (MND). Page 8 of the Project Description states "This neighborhood is characterized by large oak trees that have been retained on large residential lots." The area of concern is called "Fair Oaks" neighborhood.. The neighborhood is not called "Fair Eucalyptus"! On page 14, Environmental Issues, 1. Aesthetics, Environmental Setting it is stated: "The proposed project is located on a relatively flat 2.15 acre site with several large Oak trees and a eucalyptus windrow along the western boundary. Currently the visual aesthetic is a park -like setting with a mixture of large specimen and clustered oak trees on a vacant maintained lot and bound by a row of eucalyptus trees. Project development will eliminate the long range view into the site and views of the large existing specimen oak at the front of the site.... Though most of the existing oaks are proposed to be retained with the subdivision, overall development impacts may lead to the degradation of health conditions and eventually lead to the removal of mature canopies." The last statement above indicates that damage and death may occur to the oaks as a result of development. If that is the case, then it also applies to the row of F,ucalyptus trees. They too will be damaged and may die due to the construction disturbance. The 'bulk 'oNUd mitigation involves protecting the Oak trees and requires that an `kppro,w&gftt4t4fiS&Atbovist be on site during work around the Oak trees. The MND does not speed that an approved Arborist monitor the damage to the Eucalyptus roots. Therefore, I am deeply concerned about the row of old overgrown eucalyptus trees that border my property at 1053 Ash St. While the trees provide a green skyline, nectar for hummingbirds and roosts for an occasional owl, they are nothing but hazardous and troublesome to my property and anyone living in the new development. They are also expensive to maintain and clean up after, which I have been doing for 20 years. I am proposing two options to the Community Development Department. Option One is my choice. OPTION ONE: DEVELOPER SHOULD BE REQUIRED TO REMOVE ALL OF THE EUCALYPTUS TREES INCLUDING STUMPS/ROOTS. DEVELOPER SHOULD ALSO BE REQUIRED TO FIX THE PUBLIC SIDEWALK WHICH HAS BEEN DAMAGED BY THE TREE NEAREST THE STREET. IN ADDITION, DEVELOPER SHOULD REPAIR THE DAMAGE TO MY ASPHALT DRIVEWAY WHICH IS EXTENSIVE ALONG THE BORDER. DEVELOPER SHOULD BE ENCOURAGED TO REPLACE THE EUCALYPTUS WITH PLANTS THAT PROVIDE PRIVACY AND CAN TOLERATE DISRUPTION DUE TO CONSTRUCTION. There are many supporting reasons why the Eucalyptus trees should be removed: For the last 20 years, neither the previous owner (Edmunson) nor the current owner (Ash St. Investors) have done ANY maintenance to the trees to control the height or the invasive roots. The roots have damaged my plumbing and the expanding trunks have damaged my driveway. I am the only one to incur any expense for continued maintenance and damage repair. There is little room to put up a privacy fence on my side of the trees because some trunks are so large they are encroaching on my property. See attached letter dated December 15, 2001 to Edmunson describing expenses incurred; $650 for Eucalyptus limb removal and $285 for Drain Doctor to remove Eucalyptus roots from my blocked sewer line. While this is the only letter documenting Eucalyptus pruning costs, I have spent over $2,500 on trimming Eucalyptus branches on my side. See attached letter dated August 13, 2008 to Edmunson asking him to split cost of estimated $450 for repairing driveway damaged by Eucalyptus tree closest to Ash. St. A maintenance plan was also asked for but none was ever offered by Edmunson. My driveway still needs to be repaired. See attached letter dated June 3, 2014 to Ash St. Investors/ Stacy Bromley describing problems with trees, expenses and request that Eucalyptus leaf and seed pod debris be removed weekly. Also I requested that broken limbs lying beneath tree which are a fire hazard be removed. I did not receive a response and no action was taken regarding my requests. See attached photo of "Fallen branch fire hazard". See attached letter dated December 11, 2014 to Ash St. Investors which includes a report dated 10/14/2014 from Ace Certified Tree Care. 'The initial purpose of report was to document damage to my driveway from tree roots and trunks. See attached photo "Tree pushing up driveway, Tree pushing entire sidewalk toward street and causing cracks". Certified Tree Inspector, Dave Brown also wrote in his report a section called "Unrelated. to this report but important" which is highlighted below. He did not need to include this section in his report but felt it would be unethical not to. "Incidental Safety Observation: There is a marked need for a thorough tree risk assessment as I found at least one stem with significant decay inside. The particular stem, if it were to fail would likely damage a car or the side of the house. There were also a number of heavy parts of the tree's foliage crown that could break with a windstorm. Even normal growth in the near future may also be too much weight for some branches to handle. Recommendations for unrelated issues: I recommend a tree risk assessment and plan of action and pruning geared for property and health safety at 1053 Ash St." To my knowledge, a thorough assessment has never been made of the Eucalyptus trees. The rotten trunk is still there and there are sure to be many more due to their age. The MND does not reference a report about preserving, protecting or maintaining the Eucalyptus. See letter dated March 16, 2015 to Five Cities Fire Authority (FCFA) regarding the 3 piles of dry brush at 1029 Ash St. These were the piles of dry limbs I had referred to in my letter dated June 3, 2014 to Ash St. Investors. Since no action was taken by the property owners for fire hazards starting in 2014, I contacted the FCFA to inform them of the flammable brush piles. Per the FCFA on 3/17/2015, a Notice of Violation was sent to the property owners giving them until April 7, 2015 to remove the combustible material. As of 4/24/15 two of the piles had been removed. There are still large branches of dry eucalyptus near the front of Eucalyptus row closest to Ash St. See attached photo "Fallen branch fire hazard". The Eucalyptus trees are at the end of their lifespan. As the Ace Certified Tree Report indicates "This particular planting has grown into fall maturity". They will only begin to decay and present more maintenance problems. Neither of the previous or current owners have invested any money in providing preventative maintenance and none of the damage to my property has been paid for by the owners of the Eucalyptus. I believe the developers intend to push the burden of this maintenance on to the new lot owners. Those owners will likely not be aware of the problems with these trees until something bad happens. They may also be unwilling to put any money into maintenance. In addition, I believe the construction will result in excessive damage to the Eucalyptus tree roots which will only exacerbate the problems I mention here. The Mitigated Negative Declaration (MND) only addresses saving the Oak trees. On page 19 the MND documents the amount of allowable Oak root damage (25-33% of its root zone) during construction. There is nothing that addresses damage to the Eucalyptus trees. These trees are sure to be affected by trenches that are dug for foundations, utilities sewer pipes, and driveways. If the plan is to keep the Eucalyptus, the plan should address prevention of damage similar to the Oak trees. Without that wording, I can only assume that the current owners and Arroyo Grande City are skirting the issue and leaving all the problems with the trees that have mentioned here for me and.future lot owners to deal with. OPTION TWO: It is my understanding from the Arroyo Grande Community Development Department that the Developer is planning to remove only two Eucalyptus trees. These are the trees that are closest to Ash Street. FIRST LET ME SAY THAT I BELIEVE THIS OPTION TO REMOVE ONLY TWO TREES IS A MISTAKE DUE TO THE AGE OF ALL THE TREES AND OTHER FACTORS MENTIONED ABOVE. BUT IF THIS IS THE ONLY COURSE OF ACTION SPECIFIED BY THE COMMITTEE, DEVELOPER SHOULD BE REQUIRED TO FIX THE PUBLIC SIDEWALK WHICH HAS BEEN DAMAGED BY 'THE TREE NEAREST THE STREET. IN ADDITION, DEVELOPER SHOULD REPAIR THE DAMAGE TO MY ASPHALT DRIVEWAY WHICH IS EXTENSIVE ALONG THE BORDER. DEVELOPER SHOULD ALSO BE REQUIRED TO HIRE A CERTIFIED ARBORIST TO INSPECT THE HEALTH OF THE REMAINING TREES AND PRODUCE A REPORT TO GUIDE CONTRACTORS IN MITIGATING DAMAGE FROM CONSTRUCTION TO EUCALYPTUS ROOTS. AN APPROVED ARBORIST SHOULD MONITOR CONSTRUCTION WORK AROUND THE EUCAL,YTPUS. DEVELOPER SHOULD CUT BACK THE REMAINING EUCALYPTUS TREES TO A MANAGEABLE, SIZE. FURTHER, CCRS SHOULD BE AMMENDED TO PROVIDE THE SAME GUIDELINES FOR THE EUCALYPTUS TREES AS SPECIFIED FOR THE OAK TREES ON PAGE 21, MMIV4, WHERE IT IS STATES THAT THE CCRs SHALL INCLUDE TREE PROTECTION REQUIREMENTS AND BEST MANAGEMENT STANDARDS FOR OAK TREES. Eucalyptus trees are not native to USA. I have enclosed three handouts which describe some of the drawbacks of Eucalyptus trees. Thank you for considering my requests. Sincerely, i i 7 Jenny Wea ev //J Enclosures: Letter 12/15/01 to Edmunson Letter 08/13/08 to Edmunson Letter 06/03/14 to Ash St. Investors Photo "Fallen branch fire hazard" Letter 12/11/14 to Ash St. Investors with Ace Certified Tree Care Report Photo "Tree pushing up driveway, entire sidewalk toward street & causing cracks". Letter 03/16/15 to Five Cities Fire Authority Cal Poly, Select Tree -"Red Flowering Gum" 3 pages SF Gate, Home Guides "Eucalyptus Shallow Root Danger" 3 pages "Life With The Eucalyptus" 2 pages Jenny Weaver 1053 Ash St. Arroyo Grande, CA 93420 (805) 473-3616 December 15, 2001 George & Glenna Edmunson 1029 Ash St. Arroyo Grande, CA 93420 (805) 489-2371 Dear George & Glenna, I really appreciate the maintenance and expense you put into your vacant lot adjoining my property and I enjoy its park -like qualities. But I am concerned about your row of huge eucalyptus trees that borders my driveway and yard. The tree roots are causing visible damage (mounding and cracking) to my driveway and have blocked my sewer line two times in the last 6 years. I am worried about continued damage to my driveway, sewer .line and foundation from the roots and possible damage to humans and my house from a falling tree. � ` I am also extremely concerned about the unexpected dropping of branches which could injure myself, my family and guests. I cannot store or plant anything of value next to the trees in the back yard because branches continually fall with no notice. I do not feel comfortable to have guests park near the trees for fear that a branch will fail. Just this week, another branch fell into my back yard, smashing some of my plants. I witnessed a huge branch falling recently near the street and there was no notice to protect people. When I purchased my property in 1996, there were many fallen eucalyptus branches in my back yard that I had to pay to have cut up. Several large branches fell in my driveway that prevented entering or leaving from the back of the house. I contacted you about the need to perform some trimming and you declined to share in the expense. I had the large overhanging branches on my side removed at a cost of $650. Recently this year my sewer backed up into all of my bathtubs. The "Drain Doctor" said the cause was the eucalyptus tree roots blocking my pipes. It cost me $285 to correct the situation and a considerable amount of unpleasant cleaning! As you can see, the tree nearest the street has pushed my driveway up several inches, cracked the sidewalk and pushed up the asphalt in the street. I asked the Arroyo Grande Street Maintenance to repair the street asphalt so no one would trip on the uneven surface. As you already know, an enormous branch fell yesterday onto your lot. I am concerned that if an entire tree fell your way, it would rip up my driveway and pipes. If it fell my way, it could damage my house and property or seriously injure a person. I recognize and appreciate that you continuously pay to have any fallen branches removed. You will recall that last September when a branch fell into my yard and hit my garden fence, I called and requested that we discuss a maintenance proposal. I am again proposing that we come to an agreement on a maintenance and prevention plan for both sides of the trees to control the roots and the branches. I am willing to pitch in with the expense. I would be willing to meet with you and tree service representatives to get estimates on a preventative program. Thank you for considering a solution to this problem. I think it is wise to spend money and time to prevent damage to property and injury to people instead of dealing with the consequences of actual damage. Please let me know as soon as possible when we can meet to discuss this important issue. I would like to have a plan in effect in January 2002 and start the New Year off safely! Sincerer Jenny Weaver Ce: Osty Insurance August 13, 2008 George and Glenna Edmunson 1029 Ash St, Arroyo Grande, CA 93420 Dear George and Glenna, 1336 Ramona Ave., Suite Grover Beacb, CA 954-L55 (805) 481-0935 This letter is regarding the trees that are on the property line of your property and I053 Ash. My client, Jenny Weaver, and I would like to try to come to a consensus on how to deal with the roots that have been disturbing the driveway at 1053 Ash. Pm aware that in the past there has been no urgent need to have work done on the trees, but the roots have continued to damage the asphalt of the driveway at 1053 Ash and I would like to remedy this. I have gotten a preliminary estimate by a professional tree trimmer of what it would cost to trim the roots of the problem tree(s). They indicated they would charge $75 per hour, and in order to do a complete job, some of the asphalt would have to be cut back. I have obtained a bid for the asphalt work, which totals $450.00. I realize that this is not something that you would like to do, but I am willing to split the costs 50150, despite the fact that the trees are yours. In addition to the initial root trimming that I am proposing, I would also like to come to an agreement for continual tree maintenance. PIease let me know your thoughts on the situation, and whetherornot you are agreeable to any of this. Sincerely, Wanda Cebulla Del Mar Property Mgmt. CC: AAA Insurance Jenny Weaver 245 Christine Way Pismo Beach, CA 93449 805-440-0366 June 3, 2014. 1029 Ash St. Investors LLC Stacy Bromley 760 Mattie Rd. Suite Al Pismo Beach, CA 93449 Dear Ms. Bromley, This is a follow up letter to my conversation with you on April 10, 2014 regarding the row of overgrown, brittle eucalyptus trees on your property at 1029 Ash St. in Arroyo Grande which borders my property at 1053 Ash St. I am writing to ask you to remove these trees and grind the stumps and roots so they do not re -grow before you develop the property with multiple single family homes. These trees have been a constant source of problems and expense since I purchased 1053 Ash St. in 1996. 1 have spent several thousand dollars on professional contractors to deal with the trees, including tree trimmers, plumbers and asphalt services. There is constant litter and debris from the trees which falls on my side of the property and the prior owners reused to take care of this debris problem. I also pay a landscape maintenance company to clear the debris from the driveway and the paths. In addition I have spent hundreds of hours of my own time cutting up smaller fallen branches, removing lower branches, raking leaves and seed pods. I am not willing to continue providing free landscape services to benefit the owners of these trees. All debris should be cleared weekly by the owners. I fill a green waste can almost every week with tree waste. Even so, my side yard bordering the trees is useless as a garden because eucalyptus inhibit growth. The eucalyptus tree closest to Ash St. has pushed the asphalt up in my driveway almost a foot. Please see the attached letters from 2001 and 2008 that were sent to the Edmunsons (previous owners) regarding maintenance and cost of repairs. You will see that in 2008 the estimate to repair the driveway damage created by just one tree was $450. There would have been extra charges to remove tree roots but the Edmunsons were insistent that I not do anything that might damage the roots of their precious trees. My husband needed to repair the sidewalk where the same tree had pushed the sidewalk towards the street. Someone could have tripped on the large gap. The Arroyo Grande Street Maintenance Department once had to repair the street next to the first eucalyptus tree. There are numerous cracks and bumps the entire length of my driveway where the roots have pushed up the asphalt. I also have ongoing expenses related to roots in the sewer line. We recently experienced a week of extreme heat (May 12-16, 2014) with high wind alerts. Every time there are high winds, there is a danger that branches or an entire eucalyptus tree will fall down. Currently there are a number of broken limbs lying beneath the trees which are a fire hazard. Eucalyptus trees contain oil in the leaves that is quite flammable. The Five Cities Fire Department is aware of the danger and previously asked the Edmunsons to remove the brush piles that accumulated. The drawbacks of eucalyptus trees are well known. The buyers of your new houses will all have the exact same problems that I have been experiencing. Leaves, pods and branches will constantly litter the ground and prevent normal plant growth. Roots are a more serious problem. They uplift patios, walkways and damage foundations. Cutting the roots to create foundations for new homes will make the trees unstable and susceptible to falling over in high winds or if the soil gets saturated. Eucalyptus trees are known to deplete the soil of moisture and inhibit the growth of other plants in the area. Removing the trees now before construction begins would be a smart move. It will surely be less costly to remove them now. Not doing so will certainly create issues later for your project and the new homeowners. Your new home buyers will likely prefer yards that are clear of eucalyptus debris. They will be able to put in plants that are much more pleasing such as fruit trees, vegetable gardens, and other plantings that will thrive because the eucalyptus have been removed. Sincerely, Jenny Weaver Attachments: Letter to Edmunsons, December 15, 2001 Letter to Edmunsons, August 13, 2008 Monthly Invoice, The Yardman: Drive and walkway cleanup Four photos of damages, fire hazard and debris CC: Mr. Kirby Gordon, Gordon Properties, Investment Partner CC: Arroyo Grande City Planning CC: AAA Rental. Property Insurance CC: Del Mar Property Management ��'�"�0�� � r 4 a �` c � � t i� W �. j4'1 C l:' �lY � e ! ' fA � � � � � � � Y 3� M r� Y V i � y �`i b 4�` � � �,��,, �, , ,r �,� r , ryry�� �. ., .. ,T<i �rx 4 Kyi. � ��4 tr �4.ea 'u�� � v � � Y { ,� � t 1 a a � `* ,� -t. + 1 r � � r, � c n 1,�� `; t /� �.�, �, i, .: 5 � . � ._,N�i '<,: From: Jenny Weaver 245 Christine Way Pismo Beach, CA 93449 805-440-0366 Date: December 11, 2014 To: 1029 Ash St. Investors LLC Stacy Bromley 760 Mattie Rd. Suite Al Pismo Beach, CA 93449 Re: Tree Report (Eucalyptus on 1029 Ash St. A.G. property, next to 1053 Ash St.) My last letter to you dated June 3, 2014, outlined the drawbacks of your eucalyptus trees and my expenses resulting from maintenance on my property. I have spent money again for this Tree Report. Since June 3, 2014, I have not seen any maintenance done to your eucalyptus trees or clearing of fallen branches. Enclosed is a Tree Report done by David Brown with Ace Certified Tree Care (Ace). My primary objective was to have a report on the current damage to my asphalt driveway from your tree roots. Ace noticed one eucalyptus trunk "with significant decay inside". When high winds are predicted, it worries me that a large trunk or branch will fall and damage my property. Ace did not do a thorough inspection of all the eucalyptus trees on our property line as that would have cost me more money. But he could not help noticing one decayed trunk, so he included it in his report. Please heed Ace's Tree Report where he recommends "a tree risk assessment and plan of action and pruning geared toward the property and health safety at 1053 Ash St." Please have a thorough assessment of all of your eucalyptus trees as soon as possible and get the necessary tree work done to prevent damage to people and property. Sincerely, Jenny Weaver Attachments: Ace Certified Tree Care "Tree Report" Photo of damage to asphalt driveway at 1053 Ash St. Arroyo Grande CC: Arroyo Grande City Planning, attention Aileen Nygaard, Assoc. Planner CC: AAA Rental Property Insurance Office: 2550 Tienda Place ^ Arroyo Grande, CA 93420 • (805) 474-8013 CERTIFIED GREE CARE Mail: P.O. Box 414 -Arroyo Grande, CA 93421 ER;ail: Dave@AceCer lfiedTreeCare.com , Web: http:ilacecer ifiedtreecare.com Tree Report The purpose of this report is to address a property owner's concern regarding possible damage to their property. Jenny Weaver 1053 Ash St_ Arroyo Grande, CA 93420 805-440-0366 pismoweaver(a), amail.com Subject Trees 1029 Ash St. at the property boundary next to 1053 Ash St. in Arroyo Grande From the edge of the sidewalk at Ash St to the rear of the property boundary of 1053 (about 150 feet the trees have been planted along the boundary with roughly 3 foot spacing. The trees average about 18 inches in diameter at breast height and about 30 to 40 feet tail. Species: Eucalyptus `ficifolia' or FLOWERING GUM Trees. Species height at maturity is approximately 30 to 40 feet. Location: The location of the trees is next to the driveway at 1053 and the root flare of the one nearest the sidewalk is touching and pushing the asphalt away for about 6 to 8 inches. There are several other trees root flares that actually touch the asphalt. Observations and Comments: This species is not particularly known to for surface rooting problems, and is normally known to be able to grow and thrive in fairly tight quarters, including sidewalk planters of as little as 4 feet X 4 feet. This particular planting bas grown into full maturity and the trees are not expected to make very large gains in height or trunk diameter in the coming 10 years or so. I have had some experience with this particular planting as it is located in the neighborhood where I work and, I have been asked in the past to give cost estimates for pruning them. The trees grow at a moderate rate of about 1 to 2 feet per year and should grow even faster with more rainfall. Tree Pruning, Removal, Replacement Px Consulting • HOAs and Municipal Tree Management Programs California State Contractors License 9902398 • ISA Certified Arborist # WE -7992A • Member: Western Chapter International Society of Arboriculture Concern of damage report Conclusion: I believe that the proximity of the tree's root flares pushing outward and upward and the fact that some of the roots run just underneath the driveway is causing quicker than normal disintegration of the driveway. There is some heaving or pushing upward of the edge of the asphalt at several places, and in other areas there are ridges and small cracking in the paving where there are roots underneath. There is also a very good chance that the roots of the trees will tend to enter cracks or openings in gray water pipes if there are any in proximity to the root flares of the trees. There is also a chance that the roots may grow and push against a nearby pipe enough to create a crack or open a joint in a pipe and then enter it. Unrelated to this report but important: I had to cite the following concerns of safety incidentally as it would be unethical not to. I became aware of them during my work at the driveway. Incidental Safety Observation: There is a marked need for a thorough tree risk assessment as I found at least one stem with significant decay inside. The particular stem, if it were to fail would likely damage a car or the side of the house. There were also a number of heavy parts of the tree's foliage crown that could break with a windstorm. Even normal growth in the near future may also be too much weight for some branches to handle. There are some parking and driveway areas below where damage could occur from falling tree parts. Recommendations for unrelated issues: I recommend a tree risk assessment and plan of action and pruning geared toward for the property and health safety at 1053 Ash St. Tree Pruning, Removal, Replacement & Consulting a HOAs and Municipal Tree Management Programs California State Contractors License #902398 - ISA Certified Arborist # WE -7992A • Member: Western Chapter International Society of Arboriculture 1 LMm Q s C^ � k � fi"�k n• Jennifer Weaver 245 Christine Way Pismo Beach, CA 93449 (805)440-0366 March 16, 2015 Five Cities Fire Authority 140 Traffic Way Arroyo Grande, CA 93420 Re: Combustible Materials at 1029 Ash St. Arroyo Grande, 3 Old Brush Piles. Fire Chief Steve Lieberman_ I own 1053 Ash St. Arroyo Grande, which is located next to 1029 Ash St. A.G. I pay property taxes yearly. My property taxes help pay for services in A.G. I am not getting service from the Five Cities Fire Authority (FCFA) Weed Abatement program. There are 3 piles of old combustible plant material located at 1029 Ash St. A.G. The dry brush piles have been there for well over a year! 2 piles are under flammable eucalyptus trees very close to the house I own. Besides the fire danger, my tenants have a direct view from their kitchen window of one unsightly pile which is clearly visible from Ash St. I have tried to get the hazardous brush piles removed by doing the following: 6/26/14 I called the property owner, Ms. Stacy Bromley and asked her to remove hazard. 7/11/14 My husband called Ms. Bromley and asked her to remove hazard. 7/29/14 I called the FCFA and spoke to Captain Ferguson. Ferguson said he would forward the message to Weed Abatement. I told him 2 piles were clearly visible from the street and one was behind the house. He said the Weed Abatement staff cannot see behind structures and FCFA relies on neighbors to call. 8/11/14 a neighbor of mine said that he also called your department to complain about the fire hazard. In addition to all of the above efforts, The Five Cities Fire Authority sent out NOTICE TO ABATE FIRE HAZARD to all property owners last year. I received one and I always remove combustible weeds and brush from my property. The Guidelines to Weed Abatement were not followed last year and the 3 brush piles remain a fire hazard at 1029 Ash St. You know it's been extremely hot recently. We are currently in the middle of record high temperatures and we are entering the fourth year of a drought. I received alerts from the Office of Emergency Management regarding the extreme heat over the period of 3/13/15 through 3/16/15. The fire season has started this year already! I don't know how to make it easier for you. Two of the brush piles are clearly visible from Ash St between 1029 and 1053 Ash St. The third large pile is behind 1029 Ash St. house. There are no fences or gates where the brush is located. The 3`a pile is visible from my back yard. You are welcome to walk down my driveway and into my back yard along the property line to look at the brush piles if you do not have authority to walk on 1029 Ash St. property. I have included 2 maps with the areas highlighted in red. One is the Assessor's Parcel Number map for the City of Arroyo Grande, the other is an overhead Google map. The tenants of 1029 Ash St. are often home during the week. 1029 Ash St. is owned by the Company "1029 Ash St. Investors, I:,LC". Kirby K. Gordon and Stacy Bromley are the registered agents. Their mailing address is: Kirby K Gordon Stacy Bromley 760 Mattie Rd. Suite Al Pismo Beach, CA 93449 There is no reason why the hazardous brush piles should remain at 1029 Ash St. for another extremely high fire season. You have all the information necessary to do your ,gob to ensure fire prevention and public safety NOW. The FCFA should have taken action last year and the brush piles should have been removed during the Weed Abatement period of May -November 20I4. If the combustible material is not removed by April 1, 2015, I will complain directly to the Arroyo Grande Mayor and A.G. City Manager. Sincerely, Jennifer Weaver Enclosures: SLO Co. Assessor's Parcel Map for City of Arroyo Grande Google Map of 1029 Ash St. A.G. FCFA 2014 Weed Abatement Program CC: Plus Property Management AAA Rental Property Insurance City Hall, City of Arroyo Grande 4/2112015 UFEI - SelecTree- Tree Detail Record- Corymbiaficifofia Skip to Conten) CAL POLY Urban Forest SAN LUIS 09:SP0 Ecosystems Institute tree nzme... ,mol NAVIGATION UFEI>SelecTree> Tree Doted Record - Corymbia frcNoka Explore UFEI: SelecTree - Tree Detail Record -1 UFEI Home Tree Selection Starts Here 6 Search Results 6 Tree Photos 0 Search Again SelecTree Select Trees by Attribute Right Tree Right Place All Trees Fit Udam Tree Key PoesTree _. _.. Big Trees Urban Wood Tree Attribute Info I', Attmock, Defined P Add or Felt Atriomes Search Results:' t44) matching trees `Based on last search Note: We recommendceM— M1—g-- three orm,.enbdc,r terra Oder xearrh. -Sea J Here 0 View Full Size Images - (15) 7 RED FLOWERING GUM Corymbia frcifolia General Notes Red flowering gum Is very desirable as a flowering accent tree, With its profusion of bight flower clusters in late summer, and sporadically throughout fire year. it prefers temperate coastal conditions, where it tolerates dryness and salt spray. It is draught and smog tolerant. Hardiness estimate : 25-30 degrees F. Leaves have no dot glands when held up to the light (see photo). Has fragrant leaf. Native to Western .Australia. M List all Myra ceae I Corymbia Corymbia ficifolia - Nryrtaceae Synonyms: Eucalyptus fictreira Common Names: Red Flowering Gum, Scarlet Gum Native To: Western Australia Habit Erect or Spreading with a Low Canopy. Has Evergreen foliage. Shape: Rounded Sunset Zones: 5 - 6 and 8 - 24 USDA Hardiness Zones: S - 10 Exposure: f=ull Sun to Partial Shade )Nater Needs: Moist to Dry Soil. Drought tolerant. Saii Type: Loam or Sand Soil OR: Slightly Acidic to Highly Alkaline Salinity Tolerance. Moderate on Coast Seaside Tolerance: Good in Moderate Zone Height: 35 feet Growth Rate: 24 Inches per Season Landscape Use: Screen Longevity: 50 to 150 years Leaves. Cvate Dark Green. Evergreen. Flowers: Showy, Orange, Pink. Red or Rose. Flowers In Fall, Water, Spring or Summer. Has perfect flowers (male and female parts in each flower). Fruit'. Brown Capsule, Medium (0.50 - 1.50 Inches), fruiting In Spring, Summer or Fall. Wildlife use it. Baric Light Gray or Red Brown, Exfoliating or Furrowed Pest & Disease: Resistant to Texas Root Rot and Verticillium. Susceptible to Beetle Borers and Thrip. Oak Root Rot, `;hytophthora and Root Rot Shading Capacity: Rated as Dense in Lear Branch Strength: Rated as Medium Tree Standards & Specs Abotrt SelecTree News Listings Con actlnfo Right Tree Right Place I i I Avoid Utilities, Fire Hazards. and Root Damage © Attributes Defined * Search Help http://selectee.calpoly.edultreedetail.lasso?rid=540&-session=selectree:475F83D20a483l B72B!VH2ED2F6A 1/3 41212015 UFEI - SelecTree - Tree Detail Record - CorymNa ficifolia v Litter Issue'. Dry Fruit - Root Damage Potential Rated as Moderate Health Hazard: None Known Cit, I his pegs S6,,Tree "Corynrbla F11moHe'Iree Raoartl." 1996-2015. Apr 21, 2i5- <pRRlleelectr�.czipolp.edWGee9afe�l lasso4rid=5{o> hRD:!lselectree.calpoly.e,dWtreedetail.lasso?rid=540&-session=selectree:475F83D20a4831B72BjVH2ED2F6A 2/3 42i/2015 U FEI- SelecTree - Tree Detail Record - Corymbia ficifolia © View Full Size Images a Back to Search Results Fe Search Again Photo Credits: let, Rittar, W, olark and J. ReITP.r Photo Locations: os Angeles County Arboretum .Arcadia, CA. Morse Ezv. CA and Alice Kech Memorial Garden - Santa Barbara. CA 12, —i g ... ,eize,as to lle Ile,", n ... h-ALe el lelel Tre..dvo.ni. }- tli l $Lat,l Lyanu . a c nolle, e e.,Lee,¢.o::.io--aa_mi_meo i.eje frzuk owe aasem a..ro-etia� _nidi-, I151',IIrl _ Home Institute Overview SelecTree ForesTree Tree Key But Trees Urban Wood UAL POLY CP Hoare - CP Find it -Get Maine Reader - Microsoft Viewers Urban Forest Ecosystems Instrate SIRES Department California Polytechnic Stale University Urbvmsud San Luis Obspo. CA 33407 Commnn.n, vra Colcabob edu Foentry Last Update: 111012012 http:!/selectree.calpoly.edWtreedetail.lasso?rid=540&-session=selectree:475F83D2Oa4831B72BiVH2ED2F6A 3(3 C 4121/2015 Eucalyptus Shallow Root Danger I Home Guides i SF Gate ISFIGAITEE Eucalyptus Shallow Root Danger • Demand Media Eucalyptus trees have shallow roots, which maybe a hazard. Eucalyptus trees (Eucalyptus spp.) are native to Australia, but have adapted to climates all over the world thanks to their shallow root system, and grow in U.S. Department of Agriculture plant hardiness zones 7 through ro. These trees have a shallow root system, which developed as a way to survive in a harsh native environment, where accessing a limited amount of rainfall is crucial to survival. It's this shallow root system that can make eucalyptus trees a danger. / r- 3 4/21/2015 Eucalyptus Shallow Root Danger I Home Guides I SF Gate About go percent of a eucalyptus tree's roots grow in the top 12 inches of soil. This shallow root system grows rapidly, and along writh a strong taproot, the lateral roots are vital to keeping a eucalyptus tree upright. A eucalyptus tree's taproot must grow down into the soil at least 6 feet to ensure good anchorage. The lateral roots spread out for up to roo feet to help support the rest of the tree, and this can be an issue for nearby buildings and structures. The roots and rootlets of eucalyptus trees planted in a yard can grow into ditches, clog water pipes, and crack septic tanks and cisterns. The roots of eucalyptus trees planted in an urban en-Oromnent can damage sidewalks, curbs and gutters. As the shallow eucalyptus roots grow and produce secondary thickening growth, they can heave up paved surfaces above and around them.. Uprooting In exposed locations, where eucalyptus trees are subjected to strong winds, a shallow root systern presents a hazard to people, homes and other structures. of the root system is not well established, winds can cause the tree to sway, which loosens the soil around the root collar. This causes the shallow roots to tear and the tree may fall over. Newly planted eucalyptus will show a cone-shaped hole around the base where the soil is lost around the root collar, which indicates the tree is at risk of uprooting. Envasive Eucalyptus trees have a massive, long -reaching root system that can be a danger to the health of other plants. Because much of the root system is in the upper layers of soil, it am absorb water and nutrients rapidly. Eucalyptus trees are heavy feeders and need an extraordinary amount of water. This often leaves nothing for nearby plants to take up. As the shallow root system expands, it invades the habitat of other species and can take over an area of the yard. Once it has established, it can be extremely difficult to eradicate a eucalyptus tree from your yard, because when the tree is cut down it undergoes mass -sprouting from the base and the root system and may reestablish growth. z d-�3 C!lWNRIN. Eucalyptus Shallow Root Danger I Home Guides I SF Gate prevent some of the dangers associated with its shallow root system with proper planting and maintenance. Plant eucalyptus trees so the distance away from buildings, structures and roadways is equal to two-thirds the potential mature height of the tree. If you plant your tree in clay soil, plant it further away because clay soils shrin z when dry, increasing the risk of uprooting. Coppice the tree regularly to restrict growth, particularly when it grows too tall, is top- heavy or unstable. Coppicing is the process of cutthig a tree down to allow the stump to regenerate. Eucalyptus roots grow rapidly, and coppicing serves to reduce the overall size of the tree, and restricts root and branch growth by stopping the food supply of the tree temporarily. This prevents the tree from storing up nutrients to build a bigger root system. Renee Miller began nn citing professionally in "tai2008; contributingto websites and the l "Community Press" newspaper. She is co- founder of On Fiction Writing, a website for writers. Miller holds a diploma in social services from Clarke College in Belleville, Ontario. moi`• a .r"r Hemera Technologies/Photos.com/Getty images 34ii 412112015 Linda Chisad Landscape Designer home I about lndah� I article5I questionnaire j contact LIFE WITH THE EUC"ALY1'I'US San Diego Home and Garden, p. 90, March 1990. "It's a beautiful tree," they say of the eucalyptus, "but just try to plant anything under one!" The myth goes that the resinous litter of a eucalyptus tree kills just about anything grown near it. As a landscape designer, I deal with this problem all the time, especially in Del Mar, Rancho Santa Fe, and Scripps Ranch. So I know it is possible to garden beneath these wonderful trees. Their story Eucalyptus trees are a cherished part of the scenery in California, from the Napa Valley, where they impart a distinctive minty fragrance and taste to some of our finest Cabernet Sauvignon wines, south to the Mexican border. In some communities in San Diego County, such as Scripps Ranch and Rancho Santa Fe, eucalyptus are the dominant species of tree. Their graceful blue -gray silhouettes and resinous aroma help to define the distinctive characters of these towns. Eucalyptus trees are not native to California. Because they are native to sections of Australia which have similar climates to California (subtropical, desert and Mediterranean), they grow happily here, tolerating our low rainfall and sometimes -poor soils. Eucalyptus trees were first brought to California by botanists in 1656. The trees were planted for firewood and also to provide windbreaks for orchards and vineyards. Later, around the turn of the century, magnates of the Santa Fe railroad, who believed that the wood would he ideal for railroad ties, planted extensive groves of the 18 best - suited varieties. They were encouraged by then -president Theodore Roosevelt's reforestation program. Three million seedlings were planted in Rancho Santa Fe alone! As most of us know, the wood proved to be unsuitable to hold the spikes in place and the trees were never used for their intended purpose. Eucalyptus in the landscape Nonetheless, eucalyptus were then and are today appreciated for their landscaping uses. Many eucalyptus species have beautiful forms and textures. Some of the flowers are striking in shape and have brilliant colors. Many leaf -forms and seed pods are sold by florists for arrangements. These trees all have extensive networks of large surface roots; a few varieties have deep tap roots as well. This combination makes them ideal candidates for holding soil on our many fragile slopes where watering is difficult and not advisable. The root system also allows these trees to tolerate our infrequent seasonal rainfall and infertile, rocky soils. Finally, the eucalyptus tree, planted and cared for properly, is an astonishingly fast grower. According to the Sunset Western Garden Book, some species grow 10 to 15 feet a year! The drawbacks There are, though, problems with these beautiful trees and the gardens in which they live. Many of us with eucalyptus trees are all too familiar with the vast amount of leaf, bark, and branch litter that can be generated by even one of these trees during a howling two- to three-day Santa Ana. � 4 6- http:/Aindachisari.com/Arficies/LifeWithEucalyptm.htm trucks in eucalyptus leaves to mulch around his mature tropical landscape, thereby conserving water and choking out weeds at the same time.) Normally, it is not a good idea to include eucalyptus parts in a compost or mulch pile. Couple the problems associated with eucalyptus litter and the aggressive, wide -reaching root system, which tends to take up available water and food at the expense of other plants, and we end up with relatively few plants that can successfully compete with the trees. There is nothing quite so beautiful as grass undulating over hilly expanses beneath eucalyptus trees. However, to keep that grass a healthy green, expect to spend a small fortune watering daily. The list of plants that follows is one which I have accumulated over the past 15 years from personal experience. These plants are mostly from other Mediterranean climate zones so they do not need large amounts of supplemental water once they are established. They can co -exist with the eucalyptus in a garden that is both beautiful and drought tolerant. Small trees Heteromeles arbutifolia (California myon or Christmas berry) Pittosporum undulatum (Victorian box) Pittosporum eugenioides (Tarata) Rhamnus californica (Coffeeberry) Fremontodendron mexicanum (Southern Flannel bush) Rhus ovata (Sugar bush) Rhus integrifolia (Lemonade berry) Rhus laurina (Laurel sumac) Shrubs Pittosporum tobira (Mock orange) and its varieties'Vanegata; and 'Wheelers Dwarf' Ligustrum japonicum Texanum' (Texas privet) Leptospermum taevigatum (Australian tea tree) Raphiolepis indica (Indian hawthorn) Myoporum laetum Shrublets Cistus varieties (Rockroses) Nandina domestics (Heavenly bamboo) Rosmarinus varieties (Rosemary) Solve heterophylla (Australian bluebell creeper) Echium fastuosum (Pride of Madeira) Crassula argentea (Jade Plant) Cytisus and Sparbum varieties (brooms) Perennials Aloe Hemerocallis (Daylily) Pelargonium peltatum (Ivy geranium) Osteospermum fruticosum (Trailing African daisy) Gazania varieties Agapanthus onentalis (Lily of the Nile) Achillea varieties (Yarrow) Lavandula varieties (Lavender) Iceplant (most varieties) pYs'- 112 4/2192015 Linda Chisari Landscape Designer Although the leaves are evergreen, the bark and pods of many species are deciduous and even under normal weather conditions there is a constant rain of litter. Since it is believed that there are toxins in the leaves which, when leached out by watering or rainfall, as a soil sterilant, prompt dean -up is necessary—at least once a week. {Unless, of course, your objective is weed control around mature plantings. To this end, a neighbor of mine to top of second column htiplffindachisari.com/Arficies/UfeWithEucalyptus.htm 212 ATTACHMENT 8 p CITY OF ARROYO GRANDE PLANNING COMMISSION 215 E. BRANCH ST. RE: Tract Map Case No, 13-003 Unit Development Case No: 14-004 Clarification of a General Plan Land Use Map Ambiguity 8 -Lot Residential Subdivision (Tract 3054) Location: 1029 Ash St. A.R. Ca. 93420 To whom it may concern: We live on Alder St. around the corner from the tract 3054 subdivision, our concerns are as stated: 1) We are in a water crisis, even though the planning commission accounts for new growth in A.G. City. The residents that are already established in the area of the tract, have been restricting their water usage, 8 more homes will put our crisis in deeper need for water. 2) We noticed on the residential map that was mailed, there is not a hold pond for water on the property. When we remodeled our home we had to account for a water holding pond on the property. The city required no water run off to the street. We do not see one on the map. 3) When remodeling our home we asked to go 2 stories on our plans, we were told that the block we live in could not go 2 story. When did this plan change in our block. 4) There is an easement to the power pole that is in the south side of the property, We do not see any way that the power company can easily access that pole, without going through another land holders property. 5) The traffic that will be put on Alder St. will be a terrific issue for us that live on that street. The traffic sometimes runs the stop signs at the intersection of Alder/ Ash and Alder/Fair Oaks where we have children crossing to school. The city I understand employs or asked for volunteers to be a crossing gaurd for the school. Some days we do not have crossing guards and our children are at the mercy of the drivers. 6) Margaret Harloe has over crowding students in the class rooms now approximately 28-36 students to a room, without having 8 more homes with families to have those children to attend. We need to think about education of our younger children, to have more one on teaching. We do not have enough teachers now. 7) We were inform that part of the property being developed was Agriculture and not for housing, if so when did that change. 8) Permitting to cut down Oak trees that have been there for 50 or more years to develop homes, and not to replace them in a different location. Thank You for taking the time to read our concerns of the development on Ash street. RECORDING REQUESTED BY: Fidelity National Title Company WHEN RECORDED MAIL TO: 1.029 Ash. Street Investors LLC 760 Mattie Road; Suite Ai Pismo Beach, CA 93449 ATTACHMENT 9 VESTING TENATIVE TRACT MAP NO. 3054 SEP a b t'1 Ckv, ARR6'Nl pPMW DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT FOR VESTING TENTATIVE TRACT MAP NO. 3054 This Declaration of Covenants, Conditions and Restrictions and Maintenance Agreement For Vesting Tentative Tract Map No. 3054 (hereinafter referred to as "Agreement') is made on the date set forth below by 1029 Ash Street Investors LLC., a California Limited Liability Company (collectively, "Declarant') A. Description of Real Property. Declarant is the Owner of that certain real property located in the City of Arroyo Grande (hereinafter referred to as "City"), San Luis Obispo County, California, described as Vesting Tentative Tract No. 3054 recorded in Book at Page of Parcel Maps, in the Official Records of San Luis Obispo County, California, as described in the attached Exhibit "A" (the Map"). B. Purpose of Aereement. The purpose of this Agreement is to ensure that the site retains the street amenities, access and landscaping over time and to establish rights, agreements and responsibilities of the Declarant hereto, their successors and assigns and all parties having or acquiring any right, title or interest in or to the herein described property (hereinafter, referred to as "Owner" or "Owners"), with regard to the use of the real property and the maintenance of the easements as shown on the recorded map attached as Exhibit "A" (collectively referred to as the "Easements") NOW, THEREFORE, Declarant hereby declares that the real property described in Exhibit "A" shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, sold and improved, subject to the following agreements, declarations, limitations, covenants, conditions, restrictions, easements, and assessments, all of which are for the purpose of enhancing and protecting the value and attractiveness of the herein described property, and every part thereof, in accordance with the plan for improvement of said property. All of tiie agreements, declarations, limitations, covenants, conditions, restrictions, easements and assessments, shall constitute covenants which shall run with the herein described property and shall be binding upon Declarant and its successors and assigns, and all parties having or acquiring any right, title or interest in or to the herein described property. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page I I ) Covenant. This Agreement provides a general plan for the maintenance, care, and upkeep of the property and of those Easements defined above, as well as a general plan for the use of the Lots (as defined in Section 2 below), and shall be for the benefit of each Lot and shall be an obligation of all Owners. 2) Reciprocal Appurtenant Easements By this agreement Declarant hereby creates reciprocal Easements for ingress, egress, drainage, and utilities, over those portions of Vesting Tentative Tract Map No. 3054 Recorded in Book at Page ____ of Parcel Maps, in the Official Records of Sari Luis Obispo County, California as described in the attached Exhibit "A" (the "Map"), Said Easements shall be an appurtenance (as defined in Section 662 oftile California Civil Code) to lots 1 through 8 of the Map (each a "Lot," and collectively, "Lots"). Lot 8, however, is the existing homestead, has its own access and does not use any of the private roads or utilities and is therefore not part of this Declaration, The above-described Easements shall automatically pass by conveyance of said Lots without further mention thereof, in accordance with Sections 1084 and 1104 of the California Civil Code. 3) Maintenance and Repairs The Owners of Lots 1-7shall be, as of the recordation of this Agreement, responsible for the maintenance and repair of the Easements prorate (14.2860/0 each), including the shared driveway and any common utility and sewer lines located within the Easements, after they are completed by Declarant. Each owner shall be responsible for the maintenance of all private driveways, sewer facilities, onsite drainage facilities, covered and uncovered private parking areas, site lighting, landscape areas and fencing on his/her lot. All exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the conditions of the approval of the City of Arroyo Grande for each tot as they develop. In the event that any Owner desires that additional maintenance and repairs be performed on the Easements over and above the determined by the majority of the Owners, and cannot obtain the concurrence of the majority of the Owners within six months after written request for such concurrence, said Owner shall have the right to apply for such relief as may be available under the provisions of California Civil Code Section 845 (or amendments thereof) as if this paragraph was not in effect. 4) Additional Repairs The Owners agree not to undertake any additional repairs or maintenance not specified in this Agreement without first obtaining the express written consent of a majority of the Owners, and the City of Arroyo Grande where applicable. 5) Entry for Repairs The Owners, for the sole purpose of complying with this Agreement, hereby permit any other Owner or that Owner's agent and employees to enter upon 'my Lot upon reasonable notice when necessary in connection with any maintenance or repairs for which an Owner or Owners are responsible, to effect emergency repairs or to effect necessary repairs which may be required by this Agreement and the City of'Arroyo Grande, Such entry shall be made with as little inconvenience to the Owner of that Lot as practicable and any damage caused thereby shall be repaired by the Owner or Owners for the benefit of who the entry was made, at their expense. Except in an emcrgency, 72 -hour advance written notice shall be given DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page 2 to the Owner or occupant of any Lot. 6) Maintenance Costs Each Owner agrees to bear and pay a percentage of the cost of maintenance and repair, to be determined by dividing the number of Lots owned by the said Owner by the total number of Lots subject to this Agreement. (7 Lots = 14.286% each) 7) Custodian of Funds For the purposes of collecting and maintaining money for the Owners, a custodian thereof, which custodian may or may not be an Owner shall be appointed by majority vote. Said custodian shall be a reputable licensed property manager, public accountant, CPA, attorney, bank or escrow agent. 8) Walls and Fencing Walls and/or fencing separating individual Lots, shall be the responsibility of the Owners of those particular Lots, which responsibility shall be shared proportionately. All fencing and drainage basins approved by the City of Arroyo Grande shall be maintained consistent with the Tract Map. 9) Voting Rights. For any matters which require a vote pursuant to this Agreement the following voting rights shall apply: The Owner or Owners of each Lot subject to this Agreement shall be entitled to one vote, and any one or more of the joint tenant or tenant-in-common Owners of said Lot may cast that vote provided that, in the event of a dispute among Owners of one Lot the majority shall be entitled to vote and, if no clear majority can be obtained, the Owners shall lose their right to vote. For the purposes of this Agreement, the Owner who has fee title to said Lot or said Lots shall be entitled to one vote per Lot, provided that if said Owner sells under contract of sale then they, by the said contract, may convey to the purchaser the right to the one vote per Lot. 10) Owner's Liability. The Owner of Lots 1-7 shall be liable for all damages to the improvements within the Easements caused by such Owner, or any occupant or invitee of his/her Lot or their guest. The Owners do not agree to share any liability arising from personal injury or property damage other than that attributable to the repairs or maintenance undertaken pursuant to this Agreement. 11) Insurance. Each Owner shall be responsible for maintaining his or her own insurance. 12) Personal Injury and Property Damage Liability. Each Owner agrees to bear liability in the same percentage as they share the costs of repair (14.286%), as specified in above in Section 6, for any personal injury or property damage to (a) any work employed to make repairs or do maintenance under the Agreement, or (b) any third person, which results from or arises out of maintenance or repair of the Easements, or to comply with City requirements. 13) Annual Meeting The Owners agree that they shall meet at least once annually to decide on the maintenance and repair to be made to the Easements and common driveway, and to make and assess each Owner under the method above provided for the maintenance and repair of said Easements. A majority of the Owners must be present at the annual meeting or by conference tail, Skype or other type of video conferencing for the meeting to be deemed valid. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page 3 14) Enforcement Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages plus costs of suit therein. (See also "Miscellaneous Provisions "B and P) 1 S) Architectural Approval No building, fence, wall, obstruction, screen, awing, or structure of any kind shall be commenced, erected or maintained upon any Lot, nor shall any alteration or improvement of any kind be made thereto until the same has been approved through permit issuance by the City of Arroyo Grande. Plans and specification showing the nature, kind, shape, color, size, materials and location of such improvements, alterations, etc., shall be submitted to the City for approval as to design and harmony of external design with existing structures, and as to location in relation to surrounding structures, topography, and finish grade elevation. If a permit is required by the City for any remodel, renovation or addition, then the Owner must obtain said pen -nit prior to commencing work. No landscaping on a Lot visible from the street or Easements shall be undertaken by any Owner until plans and specifications showing the nature, kind, shape and location of the materials have been submitted to and approved by the City of Arroyo Grande. All landscaping shall be consistent with the Tract Map or then current ordinance of the City of Arroyo Grande (For example in extreme drought situations the City may ban the watering of lawns and may require drought tolerant plants or other requirements). 16) Use Restrictions a) Use of Lots No Lot; or any portion thereof, shall be occupied and used by the Owners, their contract purchasers, lessees, tenants, or social guests, for any purpose other than private single -family residential purposes. The Subsection is intended to exclude every form of boarding or lodging house, vacation rental, and the like. No trade or business or commercial activity shall be carried on or conducted upon any Lot, except as follows: i) Declarant; its successor assigns, may use any Lot in the project owned by Declarant for a model home site and display and sales office during construction and until the last Lot is sold by Declarant, or until three years from the date of closing of the first sale of a Lot in the project, whichever occurs first; and ii) This Subsection shall not prohibit home occupations so long as they are merely incidental to the use of the Lot as a residence, are permitted by local law, are conducted in such a mariner as to not adversely affect other Owners' use and enjoyment of their respective Lots and the City has issued a Home Occupation Permit. iii) All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscaping, iv) The oak trees are on important aesthetic feature in the development shall be nurtured and protected to the fullest extent possible and all work on there shall be performed by a licensed arborist. v) All exterior maierial, finishes (wood, materials, lighting, stucco, garage door) shall be durable, high quality, and consistent wi8rthe neighborhood and approved Gv the City. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page 4 vi) Exterior lighting shall be designed to eliminate off-site glare and shall utilize full cut-off "hooded" lighting fixtures. b) Maintenance of Lots and Improvements Except for any improvements maintained collectively pursuant to Sections 3 through 8 herein, each Owner shall be responsible for maintaining his residence and Lot, including all improvements, landscaping and retention basin located on such Lot, (if any in good condition and repair. Maintenance of landscaping shall include, but not be limited to, keeping grass and vegetation on each Lot mowed, cut or pruned at regular intervals so as to maintain the same in a neat and attractive manner. Grass clippings, weeds, dead shrubs,, pnming's, leaves and other refuse shall be put in receptacles and shall not be put in any other location which may detract from the appearance of the Lot. Nothing in this Subsection shall be interpreted or construed to prevent the Declarant, or contractors hired by the Declarant, from storing construction materials, or any materials of matter resulting from construction, on Lots during the course of construction of improvements on any Lot or Lots. C) Vehicle Restrictions and Parking. Parking shall be prohibited in all areas, except in individual garages and associated private driveways and/or designated parking spaces. Under no circumstances is parking permitted in areas designated as fire lanes. "No Parking signs and/or red-curbing/painting along interior roadways shall be maintained as required by the City. No trailer, recreational vehicle, camper, motor home, commercial vehicle, truck with trailer, truck (other than a standard size pickup truck), boat or similar equipment shall be permitted to remain upon any Lot, except within an enclosed garage structure. An inoperable vehicle may not remain in view for more than seventy-two (72) hours. Commercial vehicles shall not include sedan or standard size pickup trucks that are used both for business and personal use, provided that any signs or marking of a commercial nature. Vehicles shall be in good working order and no inoperable vehicles niay be stored outside cif a garage. Major vehicle repair shall be performed only within designated garage structure. d) Signs. No signs of any kind shall be displayed to the public view on or from any portion of the Lots without the approval of a majority of the Owners except as follows: i) One sign of customary and reasonable dimension advertising a Lot for sale, lease, rent or exchange displayed from a Lot, which is in compliance with the City's sign regulations; ii) Such signs as may be used by Declarant or its assignees in connection with the development of the project and sale of Lots; and in) Such other signs or notices as are required by law or as are otherwise necessary to perfect a right provided for in law. e) Animals No animals or birds of any kind shall be raised, bred, or kept on any Lot; except that usual and ordinary household pets such as dogs, cats, or birds may be kept, provided that they are not kept, bred, or maintained for any commercial purposes, and they are kept ander reasonable control at all times. Notwithstanding the foregoing, no pets may be kept on a Lot which would result in an annoyance or nuisance to other Owners. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page 5 0 Trash; Storage of Materials All Trash and Recycling shall be regularly removed from Lots, and shall not be allowed to accumulate. Trash and Recycling shall be placed in covered sanitary containers not visible from any neighboring Lots except for a 24 hour period, the designated the collection day. No woodpiles or storage piles. Trash and Recycling shall be placed for pick up as required by the disposal service. No outdoor storage of inoperable vehicles, debris or junk is allowed on the Lots except in enclosed storage areas. g) Antennae; Roof Proiections No radio, telephone or video receiving or transmitting antenna, satellite dish or external apparatus with a diameter or diagonal measurement greater than 36 inches shall be installed on any L.ot. Satellite dishes are exempted by State law. h) Window Coverings Windows shall be covered only by drapes, shades or shutters and shall not be painted or coveted by foil, cardboard, sheets or similar materials. i) Clotheslines. Exterior clotheslines or other outside clothes drying or airing facility are not permitted. j) Major Appliances. No major appliances, including without limitation clothes washers, clothes dryers, refrigerators or freezers may be kept in any exterior area of a Lot. k) Drainage. No Owner shall construct any improvement that would interfere with the natural or established drainage systems or patterns within the project without the approval of the City of Arroyo Grande. All storm water shall be retained on site per Regional Water Quality Control Board Guidelines and City Ordinance. 1) Nuisances; Offensive Activities No noxious, illegal, or seriously offensive activities shall be carried on within any part of the property, nor shall anything be done that may be an annoyance or a nuisance that in any way interfere with the quiet enjoyment of each resident, or which shall in any way increase the rate of insurance for any other Owner. m) Temporary Structures No structure that is temporary, including, without limitation, any trailer, tent shack, garage, bam or other building, shall be used as a residence on any Lot at any time n) Mailboxes There shall be a common mailbox located on Ash Street in accordance with the Postal Service Regulations for new service. 17) Amendments Any amendment to this Agreement shall require the written consent of the Owners of at least four of the seven of the Lots subject to this Agreement. Amendment to this Agreement shall be reviewed and approved by the City of Arroyo Grande Community Development Department or any future successor agency before being effective. 18) Team. This Agreement shall run with and bind the Lots, and shall inure to the benefit of and be binding on the Owners of any Lots, their legal representatives, heirs, grantees, tenants, successors and assigns in perpetuity. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Paae 6 MISCELLANEOUS PRON71SIONS A. Survival. All covenants, representations, warranties and other provisions under this Agreement to be performed or relating to the period shall survive the consummation of this transaction. B. Attorneys' Fees. Should any party hereto reasonably retain counsel for the purpose of enforcing or preventing the breach of any provision hereof including, but not limited to, instituting any action or proceeding to enforce any provisions hereof for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights or obligations hereunder or for any other judicial remedy, then, if said matter is settled by judicial determination (which term includes arbitration judicially affirmed), the prevailing parry shall be entitled, in addition to such other relief as granted, to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys` fees and costs for the services rendered to such prevailing party. C. Time of Essence. Time is expressly declared to be of the essence in this Agreement and of every provision hereof in which time is an element. D. Benefit and Burden. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. E. Changes. Any changes to these CC&R's must be approved by the City of Arroyo Grande prior to recordation. F. Arbitration and Mediation. In the event that a dispute arises as to this Agreement, the Parties will engage in non-binding mediation in an effort to resolve the dispute. The costs of the mediation will be borne by the Parties equally. in the event that any such dispute cannot be resolved through mediation, the Parties agree that any dispute arising under this Agreement shall be decided by neutral, binding arbitration and not by court action, except as provided by California law for judicial review of arbitration proceedings. The Arbitrator shall be a retired Judge, or an Attorney with at least 5 years of experience in Real Estate Law. The Arbitrator shall be conducted in accordance with Part I11, Title 9 of the California Code of Civil Procedure, or successor provisions. Judgment upon the award of the Arbitrator maybe entered in the Superior Court of San Luis Obispo County, CA which shall have jurisdiction of the matter for all purposes. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page 7 IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Conditions and Restrictions and Maintenance Agreement for Parcel Map No. 03-0108 Recorded in Book at Page of Parcel Maps in the Official Records of San Luis Obispo County, California, as described in the attached Exhibit "A" of the date and year first written below. Dated: Approved for Recording 1029 Ash Street Investors, LLC. City of Arroyo Grande A California Limited Liability Company By: Stacy Bromley, Managing Member By: Kirby K. Gordon, Managing Member 0 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND MAINTENANCE AGREEMENT Page 8- I - I 1 W =61 Lei k' Kel I I I a 1029 Ash Street Arroyo Grande, CA 93420 Prepared by: Garing Taylor &Associates 141 South Elm Street Arroyo Grande, CA 93420 Date: 03/06/2015 1029 Ash Street Design Guidelines Section 1: Design Goals Setting.............................................................................. 1 Concept............................................................................ 1 Intent................................................................................. 1 Application........................................................................ 1 CommonFacilities............................................................ 1 Section 2: Site Design Drainage........................................................................... 2 Grading............................................................................. 2 Building Envelopes........................................................... 2 Section 3: Building Design Style and Character.......................................................... 2 Driveway & Garages......................................................... 2 Architectural Features....................................................... 3 Articulation........................................................................ 3 Entries............................................................................... 3 GarageDoors................................................................... 3 Exterior Materials.............................................................. 3 ExteriorColors.................................................................. 3 RoofMaterials................................................................... 3 RoofDrainage................................................................... 4 Trash Containers............................................................... 4 Mechanical Equipment...................................................... 4 Satellite Dishes & Antennas.............................................. 4 FireSprinklers................................................................... 4 Lighting.............................................................................. 4 Secondary Living Units ...................................................... 4 Section 4: Site Improvements Hardscape......................................................................... 5 Landscaping...................................................................... 5 Fencing.............................................................................. 5 Section 5: Oak Tree Protection Designing Around Oak Trees............................................. 6 Exhibits Fencing............................................................................. 8 Lot Development Standards ............................................... 9 Setting The 1029 Ash Street project consists of approximately 2.145 acres, located in the South Western portion of the City of Arroyo Grande. The site is fairly flat from the North to South and contains native oaks. Concept The overall design concept of these guidelines is to provide for individual, unique and separate designs for each residential lot, while using similar design elements to create a cohesive feel throughout the tract. Those design elements are described in sections 2, 3 U. While there may be similarities in design detail between lots, the guidelines encourage variation of building footprints, architectural components, exterior color and roof configurations to create a sense of diversity. No two properties should appear to have the same house footprint or exterior elevation as viewed from the private drive or Ash Street. If the owners wish to duplicate a particular floor plan design on any of the lots, the exterior shall be changed significantly (i.e. roof lines, wall materials, window placements, etc.) to avoid visual duplication. Intent These design guidelines are intended to facilitate sensitive and quality building designs that compliment the project setting. This is accomplished by providing flexible design and development standards, which assures compatibility of scale and character within the development without limiting imagination and individuality. All construction within the development is subject to the City of Arroyo Grande Development Code and all applicable development standards, except as modified herein, by tract approval documents or other City approvals. Application These design guidelines apply to all new construction and remodel projects within the tract. All construction drawings must be reviewed by the Community Development Director for consistency with these guidelines prior to issuance of a building permit through the Architectural Design Review process. If the Community Development Director finds that the construction drawings are inconsistent with these guidelines, the proponent may appeal the Director's finding to the Planning Commission. Common Facilities Landscaping, drainage and structures for the subdivision to be maintained collectively by the homeowners per a maintenance agreement include the private street. 9 • t Drainage Historically stormwater and drainage has remained on-site and infiltrated into the native soils. Each residence will be required to mitigate stormwater flows in conformance with City of Arroyo Grande standards for Drainage Zone A. Low Impact Development measures will be required on each lot to mitigate and control the increased storm water impacts from the residences. A number of options may be implemented by the property owners and must be detailed on Architectural approval applications. Grading It is the intent of the project to minimize grading for structure development and outdoor spaces and maximize opportunities for storm water infiltration. Living areas of new residences are expected to be raised floor construction, with slab on grade uses only for garages. Building Envelopes In an effort to provide visual interest to the relationship between structure and street, horizontal building wall articulation is encouraged. Additionally, vertical building articulation to step the building mass at multistory designs is desired. Providing a varied roof profile with roof lines generally lower at the edges of the building and graduating in height as they move towards the interior of the building can achieve this effect. Building sites shall conform to SF Standards with the following setbacks. For lots 1-8 a required 20' front setback and for lots 1-3 a required 20' setback from garage door to edge of private drive; 15' for side loaded garages; Interior Side — 5 ft. 1 side and 10 ft. opposite side; Street side yard— 15 ft.; Rear — 10ft. 1 story; 15 ft. 2 story. (See "Lot Development Standards" exhibit on page 9.) Construction within the dripline area of oak trees to the limits shown in the Lot Development Standards may be approved during Architectural review and based on a design specific tree protection plan. Section 3: Building Design Style and Character While no particular design style is required, it is encouraged that all designs be consistent with an overall character, or vocabulary of acceptable details. Architectural styles shall be low profile at all lots. Detailing and materials appropriate to the chosen styles are envisioned and include, but are not limited to Farmhouse, Craftsman, Cottage, Bungalow, Prairie and Spanish Eclectic. Inappropriate styles include Victorian, Tudor and Colonial due to high roof pitches and/or flat 2 story wall planes to replicate the style. Mid Century Modern styles with flat or mansard roofs are not appropriate. Driveways and Garages The concept of "street elevation" is encouraged. As such, it is recommended that a variety of garage locations be considered. These include front loaded, side loaded in the front yard area and rear yard locations (front, side and rear loading). Garages may be attached or detached, 2 depending on overall building design and/or site constraints. These variations will provide a more individual look and varied site plan for the project. Driveway impervious coverage should be minimized to the extent possible via "Hollywood" Driveways, permeable pavement materials or permeable pavers. Architectural Features The use of architectural features such as porches, arbors, trellises and garden walls are encouraged to assist in building articulation. Articulation and varying finish materials, either horizontally or vertically, should minimize large single plan wall expanses. (i.e. Masonry veneer or wainscot, varied siding materials, etc.) Articulation The use of varying ridge heights, wall planes and roof articulations provides variety to the overall building mass. Roof elements such as dormers may also be used to break up large roof masses. Primary roof planes should be low pitched (3:12 to 6:12). Eave lines shall be dominantly horizontal. Entries Entries shall be architecturally defined, appropriately detailed and obvious with a defined walkway from the public right of way, or off the approach driveway area. Entries should be covered and complimented with obvious enhancements such as porches, courtyards, flatwork finished, windows, etc. Garage Doors Garage door styes shall be detailed appropriately to enhance the chosen architectural style. Recessed double car or staggered single car garage doors are encouraged. Exterior Materials Exterior materials such as horizontal siding, board and batt siding, shingles or plaster are appropriate. Plaster may be used as appropriate to a specific style (i.e. Spanish eclectic, Bungalow, etc.), however detailing and articulation are required. Masonry (either brick, split faced concrete block, or any articulated masonry material) can be utilized as a veneer,or compliment, to exterior stucco or siding finishes. Exterior Colors Exterior colors should create visual compatibility between the structures and the natural surroundings. Exterior colors should be of individually coordinated palettes. Simple color schemes consisting of a maximum of 3 colors are recommended. Masonry materials have distinct coloring and shall be considered as an element of the color palette. Roof Materials Roof coverings appropriate for use include clay tile, concrete tile or dimensional shingle roofing. Metal or flat shingle roofing is not appropriate. All flashing, sheet metal, vents and pipe stacks shall be painted to match the adjacent roof or wall material. Exposed copper is also allowed. Skylights and sun tunnels shall be low profile, flat panel glazed. Solar collector panels, if used, shall be low profile and installed planar with roof surfaces. Panels shall be incorporated into roof design and installed flush with roof materials where possible. 3 Roof Drainage Gutters and downspouts shall be installed on all roof areas to control water generated during a storm event. Gutters and downspouts shall be color coordinated with structure. Individual disbursement methods are to be determined based upon each individual property constraints, however each property shall disburse the water from impervious surfaces to City approved swales, catchment, or containment devices. Trash Containers Trash, Recycle and Greenwaste containers shall be screened from public view with materials that are architecturally compatible with the main structure, except on pick-up day. Mechanical Equipment Equipment such as air conditioners, water treatment tanks, utility meters, etc. shall be screened from neighboring lots or public view with materials that are architecturally compatible with the main structure. Utility meters shall be located off of front facade, but accessible per utility provider requirements. Satellite Dishes and Antennas No satellite dishes larger than 3 feet in diameter are permitted. Any antennas or permitted satellite dishes shall be located to minimize public view as best possible. Antennas shall be subject to City approval per Development Code. Fire Sprinklers All residences shall have residential fire sprinkler system per California Building Code requirements. Lighting Exterior lighting should minimize direct glare through the use of fixtures that direct light in a downward direction. All lighting fixtures shall be compatible with the architectural character of the structure. Secondary Living Units Secondary living units are allowed within the subdivision subject to State Law and City Development Code requirements. Parking shall be provided on-site and exclusive of required parking for the main residence. 4 Hardscape Areas Incorporation of various types of pervious hardscape is encouraged with variation and texture Examples include colored concrete, tile, stone, pavers and brick. Flatwork color, texture and type should relate to the architectural style and design of the building. Impervious coverage should be minimized to the extent possible via permeable pavement materials or permeable pavers. Landscaping Native and drought resistant plant types are to be utilized in all planting areas. Turf areas are limited by City ordinance 16.84. Landscape materials shall compliment the architecture, fencing, walls and other aspects on the site. Trees should be located as to provide a vertical complement to the Architectural massing and where shade is important for window placement and outdoor uses. All planting areas shall include permanent automatic irrigation with separately zoned areas. Irrigation shall be achieved primarily through a drip system and requiring spray irrigation shall be minimized to the greatest extent possible. Fencing Fencing and walls shall be incorporated with each specific architectural design approval package. Walls, fences or retaining walls shall compliment the architectural style of the home. Privacy and defining areas for outdoor space is a primary function for location and vertical height. Fencing may be various forms of wood fencing (either solid or open), vinyl, ornamental welded metal (not including chain link) or masonry. (See Fencing exhibit on page 10) Fencing and/or freestanding walls, either separately or combined shall not exceed six feet in height without prior City permit approval. View protection is an important element for determining fence heights, as is privacy of the occupants. All property owners should work together to minimize obstruction of views and maximize outdoor area privacy during the design review process. Fencing shall not be located within the access easement. 5 Section 5: Oak Tree Protection Designing Around Oak Trees It is the intent of the project to protectively guide development around oak trees and adhere to the following conditions: • Caution: No oak tree shall be removed or pruned without the prior written authorization of the City of Arroyo Grande Tree Committee. • Any pruning of an oak tree prior to approval (pursuant to these guidelines) of an improvement plan showing such pruning shall require a separate permit from the Community Development Director. • A tree removal permit must be obtained from the Community Development Director prior to the removal of any oak tree on the property which is greater than two inches in diameter measured 12 inches above existing grade. • The Critical Root Zones (CRZ) are areas where feeder and structural roots are located under and around the tree. The extent of the CRZ is usually measured as 12 inches in radius for each 1 inch of diameter at Standard height (DSH). As a general rule, construction within the CRZ can take place given a proper Site Tree Protection Plan is implemented. Site Tree Protection Plans should include, but not be limited to: locating roots to be pruned prior to commencing construction; hand pruning roots over 1" in diameter within the CRZ; review of deep excavations by certified Arborist for proper handling of roots exposed. • When grading, filling, trenching, paving, or construction within the CRZ is proposed, it shall be kept to a minimum and the written recommendations of a certified arborist and a Site Tree Protection Plan must accompany the application to the City of Arroyo Grande Tree Committee for approval and submitted to the City. The written recommendations must accompany any application to the City for a grading permit. • Grading, filling, trenching, paving, or construction that is proposed within the CRZ of the trees should be monitored by a certified Arborist. Hand excavation where roots are prevalent should be done. Roots over 1" in diameter within the CRZ that are to be removed should be hand pruned leaving no breaks or frayed edges. • Grading fill applied within the CRZ should be supervised by a certified Arborist. • Services should be designed to avoid undergrounding them within the CRZ of oak trees. Where it is necessary to place them there, it is preferable to place all utilities in a common trench. No machine trenching shall be allowed within a tree's CRZ. • If paving must occur within the CRZ, a porous material such as brick with sand joints, pavers, gravel, bark, wood and mulches is encouraged. Redwood mulch is not permitted because it contains toxins that inhibit growth. • Trees whose drip lines overhang a driveway should be skirted to 14'. This will allow access for emergency vehicles as well as allow for systematic pruning of the trees that have been neglected over time. • Decks within an oak tree canopy must be above grade with spot footings, minimizing compaction of the soil. • Do not plant any vegetation that requires permanent or summer irrigation under oak canopies. Only drip irrigation is permitted within the drip line of the oak, and then only for a temporary establishment period of no more than one year. Spray irrigation and flooding is not allowed. Irrigation water should be minimized within 10 feet of the oak 6 tree trunk. • Turf grass is not permitted within 10 feet of the drip line of an oak tree. • It is preferable to leave the ground under the oak unplanted and natural. • If planting is to take place under an oak tree, choose plants that are dry shade plants with no summer irrigation requirements. • Use one gallon container size or smaller when planting under an oak. Larger container sizes should be used only sparingly. Larger plants require planting pits which can be harmful to the tree's root system. • Alternatives to plants, such as gravel, cobbles, or river rock, which do not interfere with percolation and air exchange, are permitted under oak trees. 7 N w W O 9 V -ice✓ I V Z U z w W U tl w z w W z p- -0-01 L Lot Development Standards alttar1t..,# >tvt rrt:. eta.�i `zeta. Lot Size (gross) 8,947 8,463 9,068 8,004 8,005 8,260 8,260 34,459 93466 Allowable lot coserage 3,265 3,091 3,022 3,202 2,807 2,939 3,304 13,784 35,414 4lowable -Floor Area 3,332 3,174 3,111 4,002 2,915 3,035 4,130 15,507 39,206 red Private Open 2,998 2,856 2,799 4,402 2,624 2,732 4,543 15,507 38,461 _.. ea within setbacks 1,129 592 1,681 1,2l'-7-----5-34---61-4-'--- 794 _� n/a 656161 veered by Oak tree dripline lowable developable area thin dripline of Oak trees 373 195 555 402 176 203 262 n/a 2,166 3% mabmum) DTE: Standard front setback is 20'. Setback for lots 1-3 is 20' from garage door to edge of privdte dn* 9 .C(ee & Environmental Specla/ist ®. A MAIII(:AN SOC; ETY of CONSULTING ARBII.IYTS March 5, 2015 Jeffrey J. Emrick, P.E. Gating Taylor & Associates 141 Elm Street N`, C' G Arroyo Grande, CA 93420 RE: 141 South Elm Street (Tract 3054), Arroyo Grande, CA Dear Mr. Emrick: We have reviewed the recommendations of Beacon Geotechnical, Inc. as contained in their letter to you dated March 4, 2015. This letter will serve as our analysis of the proposed construction methods. The alternative proposal for paving near/under the retained trees in this project includes the use of 4"' pavers on 2" of sand on 18" of crushed rock on geotextile fabric. This configuration eliminates compacting the soil in or near the Critical Root Zone (CRZ) of the retained trees. The above proposal, in conjunction with a proper Tree Protection Plan (TPP) that includes, but is not be limited to: locating roots to be pruned prior to commencing excavation / construction, hand pruning roots over I" in diameter within the CRZ and review of deep excavations by the certified arborist of record for proper handling of roots exposed will comply with recommended construction practices to preserve trees during Cell — 805.441.3715 / Office -Fax — 805.772.5400 170 Terra Street, Morro Bay, CA 93442 www.arborfirst.com / arborfirst@sbeglobal.net land development. Further, the proposed roadway construction as designed should not be included in the 33 percent limit on impacting the root zone of the retained trees. As with any Tree Protection Plan (TPP) if excavation must occur either within or near the tree protection zone, the consulting arborist of record should determine where tunneling, hand work and root pruning are required. All root pruning should be completed before grading begins. Any root exposed in excess of 1 %2 - 2" should be hand pruned by the consulting arborist to ensure no frayed edges or splits. If you have any questions, please do not hesitate to contact me. Sincerely, Cell -805.441.3715 / Office -Fax -805.772.5400 170 Terra Street, Mono Bay, CA 93442 www.arbot-irst.com / arborfirst@sbcglobal.net Certified :a Arborist Prepared for: Gating Taylor & Associates Attention: Jeff Emerick 141 South Elm Street Arroyo Grande, CA 93420 July 23, 2014 Prepared By: Robert Schreiber ISA Certified Arborist 170 Terra St Morro Bay, CA 93442 805-441-3715 ISA Certified Arborist ##FL -0314A Certified Arborist Report ASSIGNMENT' This report is an expansion of the original report issued April 7, 2014. It includes a site survey, tree numbering and health analysis of Coastal Live Oak trees (Quercus agrifolia) in the proposed construction project on vacant land (APN #'s 077-192-026 & 077-192-031) located in Arroyo Grande, CA. A tract map is attached as Figure I that shows the location of the seventeen (17) Coastal Live Oak trees in question. PURPOSE: This report is intended for use by the property owner, their agents and the City of Arroyo Grande. The trees have been tagged with numbered discs from #1 sequentially thru #17. Their location is indicated on the above referenced tract map. These numbers correspond to the below descriptions and assessments of each tree. The Diameter at Standard Height (DSH) is a standard method of expressing the diameter of the trunk or of a standing tree. The measurement is taken at 4.5' from ground level. In the instance where there are co -dominant leaders, the measurement is a combination of the leaders and expressed as one number. TREE HEALTH ASSESSMENT' #L Species — Coastal Live Oak [3 co -dominant leaders — DSH 64.5"] / General Condition — Good / Color — Good / Comments — the tree has approximately 13 % deadwood; some lower branches have been previously removed and most of the wounds are healing; some of the wounds will not fully heal as the branch removal was not done correctly; suggest removing some end weight from branches with no taper to minimize stress on attachment to trunk [see Figure 2]. #2. Species — Coastal Live Oak [DSH 19"] / General Condition — Fair / Color -- Good / Comments — the tree has approximately 17% deadwood; stub from branch removal should be removed at the collar to allow for complete healing; suggest removing some end weight by cutting back to laterals; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 31. #3. Species — Coastal Live Oak [DSH 14"] / General Condition — Fair / Color — New shoot growth Good -- Old shoot growth Fair / Comments — the tree has approximately 17% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 4]. 14. Species - Coastal Live Oak [2 co -dominant leaders — DSH 19"] / General Condition — Fair / Color — New shoot growth Good — Old shoot growth Fair / Comments — the tree has approximately 2of13 7% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see figure 4]. 95. Species — Coastal Live Oak [DSH 23"] / General Condition — Fair / Color — Good / Comments -- the tree has approximately 5% deadwood; there is an approximately fourteen inch (14") cavity at the base of the trtuik on the east side of the tree from a calloused over wound caused by cutting too close — this would will not heal over as a result; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 4]. 46. Species — Coastal Live Oak [2 co -dominant leaders — DSH 60.25"] / General Condition — Very Poor / Color — Good / Comments — the tree has approximately 15% deadwood; there are at least seven (7) cavities visible from the ground that were the results of breakage or improper pruning that will not heal; there are three (3) cavities measuring approximately twenty-two inches (22"), eighteen inches (18") and twenty-four inches (24") deep [see figure 2 below]. They are located at the center of the trunk at the base, in the center of the root flair and at the beginning of the missing branch wound respectively; this tree is an extreme hazard and should be removed immediately as it poses a threat to persons in its' proximity [see figure 4 & 5] #7. Species — Coastal Live Oak [DSH 15.25"] / General Condition — Very Good / Color — Good / Comments — the tree has approximately 15% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 4]. #8. Species — Coastal Live Oak [DSH 19"] / General Condition — Good / Color — Good / Comments — the tree has approximately 4% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 41. #9. Species — Coastal Live Oak [DSH 20.75"] / General Condition — Good / Color — Good l Comments — the tree has approximately 5% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 4]. #10. Species — Coastal Live Oak [2 co -dominant leaders — 23.5"1 / General Condition — Good l Color — Good / Comments — the tree has approximately 5% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 4]. 411. Species — Coastal Live Oak [DSH 17.5"] / General Condition — Good / Color -- Good I Comments — the tree has approximately 6% deadwood; stub sounding was hollow — suggestion to remove at the branch collar to allow for proper healing; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 4]. 3of13 412. Species — Coastal Live Oak [3 co -dominant leaders — DSH 60"] / General Condition — Very Poor / Color — Poor / Comments — the tree is 97% dead and portions have been removed; evidence of possible Oak Root fungus; foliage that is present is only living off of sugar stored in the sap wood and not from growth of the tree; this tree should be removed immediately [see Figure 6]. #13. Species -- Coastal Live Oak [2 co -dominant leaders — DSH 29.75"] / General Condition - Very Good / Color — Good / Comments — the tree has approximately 8% deadwood; suggest removing some end weight and pruning to allow light to the interior of the tree [see Figure 7]. 914. Species — Coastal Live Oak [2 co -dominant leaders -- DSH 29.5" / General Condition — Good / Color — Good / Comments — the tree has approximately 15% deadwood; evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 8]. #15. Species — Coastal Live Oak [3 co -dominant leaders —DSH 28.5"] / General Condition — Good / Color — Good / Comments — the tree has approximately 15% deadwood; there are two (2) leaders (21" & 8") at DSH (4.5'); evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 9]. #16. Species — Coastal Live Oak [DSH 9.5] / General Condition — Good / Color — Good / Comments — the tree has approximately 15% deadwood; the tree is a poor under story tree [see Figure 10]. #17. Species — Coastal Live Oak 2 co -dominant leaders — DSH 25"] / General Condition — Good / Color - Good / Comments — the tree has approximately 14% deadwood; there are four (4) leaders (18", 13" 8" & 7.5") at DSH (4.5'); evidence of bug infestation and possible iron chlorosis due to possible high ph in the soil is evidenced by brown spots and yellowing of leaves [see Figure 11]. ANALYSIS AND DISCUSSION: Proposed construction plans have been designed to incorporate a private driveway utilizing pavers as well as construction of single family residences. The following issues have been addressed as requested: Grading 4ill over root zones of trees The Critical Root Zones (CRZ) are areas where feeder and structural roots are located under and around a tree. The extent of the CRZ, is usually measured as 12 inches in radius for each 1 inch of Diameter at Standard Height (DSH). Grading that is proposed within the drip line of the trees should be monitored by the Arborist of Record. Hand excavation where roots are prevalent should be done. Roots over 1" in diameter within the CRZ that are to be removed should be hand pruned leaving no breaks or frayed edges, Grading fill applied within the CRZ should be supervised by the Arborist of Record. The tract map as currently exists does not contemplate fill compaction within the CRZ of the proposed lots. 4of13 Intact to trees within and adjacent to driveway area The tract map as currently presented indicated the removal of tree 411. Recommendations contained herein call for the removal of tree #6 (see Tree Health Assessment for tree 46 above). Plans indicate that the driveway is to be constructed of pavers (allowing for drainage) over base. The construction of this driveway should follow the above referenced protocols for protection of roots within the CRZ. If roots larger than 1" in diameter are discovered to be within the driveway, they should be evacuated and protected from compaction by the Arborist of Record. Trees whose drip lines overhang the driveway should be skirted to 14'. This will allow access for emergency vehicles as well as allow for a systematic pruning of the trees that have been neglected over time. Construction within oak tree root zones As a general rule, construction within the CRZ can take place given a proper Site Tree Protection Plan is implemented. This plan should include, but not be limited to: locating roots to be pruned prior to commencing construction; hand pruning roots over 1" in diameter within the CRZ; review of deep excavations by certified arborist of record for proper handling of roots exposed. Other factors also can influence the extent to which a tree can tolerate injury to their roots. Age, health and vigor will play a maj or role in how a tree reacts to construction activities. Additionally, pruning to correct improper previous pruning and neglect of the remaining trees would result in the improvement of their overall health. The construction activities as proposed coupled with the recommendation for removal of trees #6 & #12 would not have adverse effects on the remaining trees. Access to Lot 7 and impact to trees The issue of access to Lot 7 has been addressed in section Impact to trees within and adjacent to driveway area above. Fencing impacts on property lines This is outside the scope of a Certified Arborist. Fencing impacts on property lines need to be addressed with the developer. Trees located across multiple lots Based upon current tract map, in no instance will trees whose drip lines cross multiple lots have 33% of their root zones impacted by proposed construction. CONCLUSION AND RECOMMENDATIONS: Removing trees is a difficult decision when developing property. Saving every tree is not always possible, but preserving trees that have the best chance for survival is a vital part of a new project. A properly designed Tree Protection Plan (TPP) balances the requirements of construction and development with appropriate tree and natural resource protection. The TPP complements the legal framework of local tree ordinances and ensures that tree management during construction is 5of13 conducted in a manner that is beneficial for both the general welfare of the public and the urban forest. If the above mitigation measures are followed, we feel that there will be no long-term significant adverse impact to the retained Coastal Live Oaks. Sincerely, Robert Schreiber 6of13 Figure 1 ASH STRFTT 7of13 IT f 9 _ 17 o a� 21. 7 9 2 417 .. .., 15 14. AIO 7of13 Figure 3 8of13 Figure 4 Figure 5 9of13 10 of 13 Figure 11 12 of 13 The following terms and conditions apply to all oral and written reports and correspondence pertaining to the consultations inspections and activities of Arbor First: 1. All property lines and ownership of property, trees, and landscape plants and fixtures are assumed to be accurate and reliable as presented and described to the consultant, either verbally or in writing. The consultant assumes no responsibility for verification of ownership or locations of property lines, or for results of any actions or recommendations based on inaccurate information. 2. It is assumed that any property referred to in any report or in conjunction with any services performed by Arbor First, is not in violation of any applicable codes, ordinances, statutes, or other governmental regulations, and that any titles and ownership to any property are assumed to be good and marketable, Any existing liens and encumbrances have been disregarded, and any and all property is appraised and/or assessed as though free and clear, under responsible ownership and competent management. 3. All reports and other correspondence are confidential and are the property ofArbor First and its named clients and their assigns or agents. Possession of this report or a copy thereof does not imply any right of publication or use for any purpose, without the express permission of the consultant and the client to whom the report was issued. Loss, removal or alteration of any part of a report invalidates the entire appraisal/evaluation. 4. The scope of any report or other correspondence is limited to the trees and conditions specifically mentioned in those reports and correspondence, Arbor First and the consultant assume no liability for the failure of trees or parts of trees, either inspected or otherwise. The consultant assumes no responsibility to report on the condition of any tree or landscape feature not specifically requested by the named client. S. All inspections are Iimited to visual examination of accessible parts, without dissection, excavation, probing, boring or other invasive procedures, unless otherwise noted in the report, and reflect the condition of those items and features at the time of inspection. No warrantee or guarantee is made, expressed or implied, that problems or deficiencies of the plants or the property will not occur in the future, from any cause. The consultant shall not be responsible for damages caused by any tree defects, and assumes no responsibility for the correction of defects or tree related problems. 6. The consultant shall not be required to provide further documentation, give testimony, be deposed, or to attend court by reason of this appraisal/report unless subsequent contractual arrangements are made, including payment of additional fees for such services as described by the consultant or in the fee schedules or contract. 7. Arbor First makes no warrantee, either expressed or implied, as to the suitability ofthe information contained in any reports or correspondence, either written or verbal, for any particular purpose. It remains the responsibility of the client to determine applicability to his/her particular case. 8. Any report and the values, observations; and recommendations expressed therein represent the professional opinion of the consultant and the fee for services is in no manner contingent upon the reporting of a specified value nor upon any particular finding to be reported. 9. Any photographs, diagrams, graphs, sketches, or other graphic material included in any report, being intended solely as visual aids, are not necessarily to scale and should not be construed as engineering reports or surveys, unless otherwise noted in the report. Any reproductions of graphic material or the work product of any other persons is intended solely for the purpose of clarification and ease of reference. Inclusion of said information does not constitute a representation by Arbor First or the consultant as to the sufficiency or accuracy of that information. 14. payment terms are net payable upon receipt of invoice. All balances due beyond 30 days of invoice date will be charged a service fee of 1.5 percent per month (18 % APR). All checks returned for insufficient funds or any other reason will be subject to a $30.00 service fee. Advance payment of fees may be required in some cases. ADMINISTRATIVE ITEMS PLANNING COMMISSION MAY 5, 2015 (Approvals by the Community Development Director) ITEM NO. 1: MINOR USE PERMIT/PLOT PLAN REVIEW NO. 15-004; MODIFICATIONS TO AN EXISTING TELECOMMUNICATION FACILITY LOCATED AT 1275 ASH STREET (SOTO SPORTS COMPLEX); AT&T MOBILITY On April 21, 2015 the Community Development Director approved PPR 15-004 to perform the following telecommunication upgrades: • Remove and replace three (3) antennas on an existing light standard; • Install rack -mounted radio equipment within an existing equipment cabinet; and • Install a DC -6 surge suppressor and three (3) new remote radio units on the light standard. Standard conditions of approval were required as well as special conditions regarding site maintenance improvements. ITEM NO. 2: MINOR USE PERMIT/PLOT PLAN REVIEW NO. 15-005; MODIFICATIONS TO AN EXISTING TELECOMMUNICATION FACILITY LOCATED AT 300 RESERVOIR ROAD (CITY RESERVOIR NO. 1); AT&T MOBILITY On April 21, 2015 the Community Development Director approved PPR 15-005 to perform the following telecommunication upgrades: • Install one (1) DC -6 surge suppressor on an existing monopine; • Install three (3) remote radio units (RRUs) mounted behind existing panel antennas; • Install three (3) RRUs with A3 modules mounted behind existing panel antennas; and • Install one (1) radio equipment rack within an existing equipment cabinet. Standard conditions of approval were required. ITEM NO. 3: TEMPORARY USE PERMIT 15-007; LOCATION — 140 TRAFFIC WAY; APPLICANT — TRACY LLOYD After making the findings specified in Section 16.16.090 of the Municipal Code, the Community Development Director approved the above referenced project for the Boy Scout Pack 13 BBQ fundraiser event on Saturday, May 9, 2015 from 9:00 am until 2:00 pm. ITEM NO. 4: MINOR EXCEPTION 15-003; LOCATION — 257 LA CRESTA DRIVE; APPLICANT — FRANK AND LIISA GANDOLFO After making the findings specified in Section 16.16.100 of the Municipal Code, the Community Development Director approved the above referenced project for the increase of maximum fence height for a fence near the rear property line from six feet (6') to eight feet (8') due to sloping terrain in the area. ITEM NO. 5: VIEWSHED REVIEW 15-002; LOCATION — 211 ALLEN STREET; APPLICANT — CALLI BROOKS After making the findings specified in Section 16.16.110 of the Municipal Code, the Community Development Director approved the above referenced project for a 528 square -foot second -story addition in the Village Residential zoning district.