PC R 06-2005RESOLUTION NO. 06-2005
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION, INSTRUCT THE CITY
CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVE
GENERAL PLAN AMENDMENT NO. 04-001, DEVELOPMENT CODE
AMENDMENT NO. 04-001, CONDITIONAL USE PERMIT NO. 05-006
AND LOT MERGER NO. 05-001 FOR PROPERTY LOCATED AT 265, 279
AND 295 ALDER STREET, APPLIED FOR BY THE CITY OF ARROYO
GRANDE AND VICTOR AND JO ANN TOSE (ALDER HOUSE)
WHEREAS, the City of Arroyo Grande General Plan Land Use Map was updated in 2001
to change the land use designation of the subject 1.28-acre property from Single Family
Residential (SF) to Multiple Family Very High Density Residential (MF-VH) with a Planned
Development (PD) overlay; and
WHEREAS, the City of Arroyo Grande determined that the PD designation is not justified
for the small size of the subject property and initiated a General Plan Amendment to
remove the PD designation; and
WHEREAS, the City of Arroyo Grande has initiated a Development Code Amendment to
change the zoning of the subject property from Single Family Residential (SF) to Multiple
Family Very High Density Residential (MF-VH) in order to bring the property into
compliance with the General Plan; and
WHEREAS, adoption of the zoning would establish land use, development and design
standards for the above described area, and allow the property to be developed for higher
density senior housing subject to Conditional Use Permit approval for new development;
and
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
General Plan Amendment No. 04-001 to remove the PD designation, Development Code
Amendment No. 04-001 to bring the zoning into compliance with the General Plan,
Conditional Use Permit No. 05-006 to expand the existing senior assisted living facility
from 32 to 48 bedrooms, and Lot Merger No. 05-001 to consolidate the three existing lots
into one parcel; and
WHEREAS, the Planning Commission has held a public hearing on these applications in
accordance with the City Code; and
WHEREAS, the Planning Commission finds that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the 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 determined that a
Mitigated Negative Declaration can be adopted; and
RESOLUTION NO. 06-2005
PAG E 2
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
General Plan Amendment and Development Code Amendment Findings:
1. Based on the information contained in the staff report and accompanying
materials, the proposed General Plan Amendment eliminating the PD designation,
and Development Code Amendment amending the Zoning Map for the property
from SF to SR, is consistent with the goals, objectives, policies, plans, programs,
intent, and requirements of the General Plan.
2. The proposed project will not adversely affect the public health, safety, and welfare
or result in an illogical land use pattern.
3. The proposed project is consistent with the purpose and intent of the Development
Code. Residential development within the project area would be required to meet
development and design standard under the SR zoning designation that insure
orderly development.
4. The potential environmental impacts of the proposed project are insignificant or
can be mitigated to a less than significant level, or there are overriding
considerations that outweigh the potential impacts.
Conditional Use Permit Findings:
1. The proposed use is permitted within the Multiple Family Very High Density
Residential (MF-VH) land use designation and Senior Housing (SR) zoning district
pursuant to Section 16.16.050 of the Development Code, and complies with all
applicable provisions of the Development Code, the goals and objectives of the
Arroyo Grande General Plan, and the development policies and standards of the
City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the use already exists and the expansion
is designed with a residential architectural style to be consistent with surrounding
uses.
3. The site is suitable for
proposed because all the
would be provided.
the type and intensity of use or development that is
necessary easements, circulation, parking and setbacks
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity because the
proposed project would not create adverse environmental impacts.
RESOLUTION NO. 06-i2005
PAG E 3
Lot Line Adjustment/Lot Merger Findings:
This Lot Merger does not:
1. Create any new lots;
The proposed project would decrease the number of lots from three
(3) to one (1).
2. Include any lots or parcels created illegally;
All of the subject lots were created according to standards in place at
the time of their creation.
3. Impair any existing access or create a need for access to any adjacent
lots or parcels;
Access to the project site will be from Alder Street.
4. � Impair any existing easements or create a need for any new
easements serving adjacent lots or parcels;
There are no existing easements recorded on the property that will be
in conflict with the Lot Merger, and the project will not create a need for
additional easements serving adjacent lots or parcels.
5. Constitute poor land planning or undesirable lot configurations due to
existing environmental conditions or current zoning development
standards;
Two (2) of the existing three (3) lots do not conform to the current
Multiple Family Very High Density Residential (MF-VH) zoning district
with regard to lot size; the proposed project would combine the three
(3) lots into one (1) parcel for the purpose of expanding an existing
assisted living facility.
6. Require substantial alteration of any existing improvements or create a
need for any new improvements;
The proposed Lot Merger will not require substantial alteration of
existing improvements, nor will it create a need for any new public
improvements.
7. Create a nonconforming lot in the development district in which it
exists, except as allowed in Section 16.48.110 of this title.
The proposed project would not cause any lot to become less
conforming to the Multiple Family Very High Density Residential (MF-
VH) zoning district.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for General
Plan Amendment No. 04-001, Development Code Amendment No. 04-001,
Conditional Use Permit Case No. 05-006 and Lot Merger 05-001.
RESOLUTION NO. 06-i 2005
PAGE 4
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the Planning Commission recommends the City Council
adopt a negative declaration and finds that there is no substantial evidence of any
significant adverse effect, either individually or cumulatively on wildlife resources
as defined by Section 711.2 of the Fish and Game Code or on the habitat upon
which the wildlife depends as a result of development of this project. Further, the
Planning Commission finds that said Mitigated Negative Declaration reflects the
City's independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends that the City Council approve General Plan
Amendment 04-001, Development Code Amendment 04-001, Conditional Use Permit No.
05-006, and Lot Merger 05-001, with the above findings and subject to the conditions as
set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Arroyo Grande
hereby recommends to the City Council that a lot merger be recorded for the three (3)
underlying parcels identified as Assessor Parcel Numbers 077-204-001, 077-203-009 and
077-203-019 prior to the effective date of the Ordinance approving Development Code
Amendment 04-001.
On motion by Commissioner Parker, seconded by Commissioner Fellows, and by the
following roll call vote to wit:
AYES: Commissioners Parker, Chair Fellows and Commissioner Tait
NOES: Commissioner Brown
ABSENT: Commissioner Ray
the foregoing Resolution was adopted this 1 St day of August 2006.
ATTEST:
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LYN REARDON-SMITH,
SECRETARY TO THE COMMISSION
❑�
ROB STRONG,
COMMUNITY DEVELOP. ENT DIRECTOR
CFlUCK FELLOWS, CHAIR
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RESOLUTION NO. 06-2005
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 05-006 AND
LOT MERGER NO. 05-001
VICTOR AND JO ANN TOSE
265, 279 AND 295 ALDER STREET
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C�FNERAL GONDITIONS
This approval authorizes the expansion of an existing senior assisted housing facility to
allow up to 48 bedrooms.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional use
Permit Case No. 05-006 and Lot Merger 05-001.
3. This application shall automatically expire one year after approval unless a building
permit is issued. 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.
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4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of and marked Exhibits "B-1 through B-
8".
5. The applicant shall agree to defend, indemnify and hold harmless at his/her sole
expense any action, claim or proceeding brought against the City, its present or
former agents, officers, or employees within the time period provided for in
Government Code Section 66499.37 because of the issuance of said approval, or
in anyway relating to the implementation thereof, or in the alternative, to relinquish
such approval. The City shall promptly notify the applicant of any claim, action or
proceeding and shall cooperate fully in its defense. The applicant shall reimburse
the City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition. This condition is
imposed pursuant to Government Code Section 66474.9.
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6. Development shall conform to the Multiple Family Very High Density Residential
(MF-VH) zoning requirements except as otherwise approved.
RESOLUTION NO. 06-2005
PAGE 6
7
:
Setbacks shall be as shown on the development plans except as specifically
modified by these conditions.
All parking spaces adjacent to a wall, fence, or property line shall have a minimum
width of 11 feet.
9. All new construction shall utilize fixtures and designs that minimize water 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.
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10. Construction shall be limited to between the hours of 7 a.m. and 5 p.m. Monday
through Friday. No construction, including removal of any trees, shall occur on
Saturday or Sunday.
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11. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
PRIOR TO ISSUING A BUILDING PERMIT:
12. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department and Parks and Recreation Department. The landscaping plan shall
include the following (see also condition no. 19):
a.
b.
c.
1.
2.
3.
Tree staking, soil preparation and planting detail;
The use of landscaping to screen ground-mounted utility and mechanical
equipment;
The required landscaping and improvements. This includes:
Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan; and
An automated irrigation system.
13. All new walls and fences, including screening and retaining walls, shall be
compatible with the approved architecture and Development Code Standards,
subject to the review and approval of the Community Development Director.
PRIOR TO OCCUPANCY:
14. Development shall comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards";
and 16.48.130 "Screening Requirements".
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RESOLUTION NO. 06-2005
PAGE 7
15. Prior to paint or stucco color coat being applied to the building, the applicant shall
paint a test patch on the building including all colors. The remainder of the building
may not be painted until inspected by the Community Development Department or
Building and Fire Department to verify that colors are consistent with the approved
color board. A 48-hour notice is required for this inspection.
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16
17
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Employee parking shall be restricted to spaces provided on site.
Fast growing evergreen trees shall be planted along the southern property line to
screen the adjacent neighbors. Size of the trees shall be 15 gallon minimum.
The Lot Merger shall be recorded prior to the effective date of the Ordinance
approving Development Code Amendment 04-001.
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19. The final landscape plan shall be reviewed by the ARC, and shall include the
following (see also MM 7.1):
a. The five (5) pine trees on the southwest corner of the property shall remain.
b. The large 30" diameter Conifer near the edge of the parking lot shall remain.
c. The project plans shall either be revised to retain the 10" diameter Coast Live
oak tree, or the oak shall be transplanted to another location on site.
d. Include shrubs to provide a continuous screen at headlight height. The
landscape architect shall evaluate the effectiveness of the Chinese Flame tree
for climate compatibility and sight distance.
BLIILDINC & FIRE DEPARTMENT
(Note that underground Fire water lines, overhead fire sprinkler system and fire alarm and
monitoring systems shall be separate submittals and permits).
20. The project shall comply with the most recent editions of all California Building
and Fire Codes, as adopted by the City of Arroyo Grande.
21. Provide complete compliance with State and Federal disabled access
requirements.
22.
23.
24.
25.
All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
Project shall have a fire flow based on the California Fire Code appendix III-A.
Prior to combustible materials being placed on site, fire hydrants shall be
installed, per Fire Department and Public Works Department standards.
Prior to Occupancy, the applicant must provide an approved "security key
vault", per Building and Fire Department guidelines.
RESOLUTION NO. 06-2005
PAGE 8
26. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines to National Fire Protection Association (NFPA) 13
standards.
27. Provide Fire Department approved access and sprinkler system per NFPA
standards.
28. Prior to issuance of a grading permit or building permit, whichever occurs
first, the applicant shall show proof of properly abandoning all non-conforming
items such as septic tanks, wells, underground piping and other undesirable
conditions.
29. Any review costs generated by outside consultants, shall be paid by the applicant.
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PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
32.
33.
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34. The applicant shall pay the proportionate share to the Alder Street Sewer
Upgrade.
A tree removal permit shall be obtained prior to any removals taking place.
Trees within six feet (6') of curb, gutter or sidewalks shall have deep root
barriers.
The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code.
The applicant shall post handicapped parking, per Police Department
requirements.
35. The applicant shall install curb, gutter and sidewalk in the Dodson Way frontage.
The project shall extend the curb and gutter from the eastern project limits to the
cross gutter at Wood Place along the Dodson Way frontage.
36.
37
Under ground all existing overhead public utilities on-site and along the street
frontage in accordance with Section 16.68.050 of the Development Code.
The applicant shall overlay Dodson Way and Alder Street to the centerline across
the frontage.
RESOLUTION NO. 06-2005
PAGE 9
38
39
40
41
The applicant shall install handicap ramps at the southeast and northeast corners
of Dodson Way and Alder Street.
The applicant shall abandon the existing water service and upgrade the service to
the appropriate size.
The applicant shall abandon the existing sewer lateral and upgrade the lateral to
the appropriate size.
The applicant shall install a fire hydrant in the Alder Street frontage adjacent to the
Fire Department Connection.
42. The applicant shall provide detailed drainage calculations for sizing the on-site
retention basins, to the satisfaction of the Director of Public Works. These
calculations shall be based on the water balance method.
43.
44.
45.
46.
47.
The applicant shall have a licensed land surveyor in the State of California
prepare the lot merger documents.
The lot merger shall be finalized by recording the lot merger documents.
A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the final lot merger documents.
The applicant shall furnish a certificate from the tax collector's office indicating
that there are no unpaid taxes or special assessments against the property.
The lot merger documents shall be recorded with all pertinent conditions of
approval satisfied prior to issuing a building permit
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48. Clean all streets curbs, gutters and sidewalks at the end of the day's operations or
as directed by the Director of Public Works.
49. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director of
Public Works. The City may hold the developer or contractor responsible for any
expenses incurred by the City due to work outside of these hours.
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50. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
RESOLUTION NO. 06-2005
PAGE 10
51. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
52. Submit as-built plans at the completion of the project or improvements as directed
by the Director of Public Works. One (1) set of mylar prints and an electronic
version on CD in AutoCAD format shall be required.
53. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the Public Works 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. Any other improvements as required by the Director of Public Works.
54. Landscape and irrigation plans are required for landscaping within the public right
of way, and shall be approved by the Community Development and Parks and
Recreation Departments. In addition, The Director of Public Works shall approve
any landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
55. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
56. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
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57.
58.
59.
Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
RESOLUTION NO. 06-2005
PAGE 11
60.
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential unit.
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61.
62.
63.
64.
All sewer laterals within the public right of way must have a minimum slope of 2%.
All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Director of Public Works.
Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to final recordation of the map.
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65. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
66. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval. All utility company shall sign the improvement plans prior to final
submittal.
67. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
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All street repairs shall be constructed in accordance with the City Street cut policy.
All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
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.
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71. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
RESOLUTION NO. 06-2005
PAGE 12
72. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
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73.
74.
PerForm all grading in conformance with the City Grading Ordinance.
Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
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75.
Fl^.
All drainage facilities shall be designed to accommodate a 100-year storm flow.
All drainage facilities shall be in accordance with the Drainage Master Plan.
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77. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
78. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond
the right of way.
79. 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.
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Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
Obtain a grading permit prior to commencement of any grading operations on site.
82. Fees - 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 Exacfions" is provided below).
RESOLUTION NO. 06-2005
PAGE 13
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be tendered when
due, or that any conditions which have been imposed are provided for or
satisfied, under protest.
(b) A statement informing the City Council of the factual elements of the
dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
�p) 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.
83. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate. `
b. Plan check for improvement plans based on an approved construction cost
estimate.
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RESOLUTION NO. 06-2005
PAG E 14
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
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84. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
85. Improvement Agreement: The applicant shall enter into an agreement for the
completion and guarantee of improvements required. The agreement shall be on
a form acceptable to the City.
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All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
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.
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89. Preliminary Title Report: A current preliminary title report shall be submitted to the
Director of Public Works prior to checking the plans.
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90. The improvement plans shall be approved with all pertinent conditions of approval
satisfied.
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91. All utilities shall be operational.
RESOLUTION NO. 06-2005
PAGE 15
MITI�ATION MEASLIRES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
Mitigation Measures:
MM 3.1 The project shall be subject to the City's Grading Ordinance
No. 303 and other regulations and policies regarding grading and erosion.
Monitoring: Review of grading, drainage, and
foundation plans
Responsible Department: Public Works Department
Timeframe: Prior to and during construction
MM 4.1: The applicant shall complete measures to neutralize the
estimated increase in water demand created by the project by either:
Implementing an individual water program that utilizes
fixtures and designs that minimize water usage. The
calculations shall be submitted to the Director of Public
Works for review and approval. The proposed individual
water program shall be submitted to the City for approval
prior to implementation; or,
Paying an in lieu fee.
Monitoring:
Responsible Department
Timeframe:
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Review of individual water program or
payment of the in
lieu fee
Public Works Department
Prior to issuance of building permit
MM 4.2: All new construction shall utilize fixtures and designs that
minimize water usage. Such fixtures shall include, but are not limited to,
water saving toilets, instant water heaters and hot water recirculating
systems. Water conserving designs and fixtures shall be installed prior to
final occupancy.
Monitoring: Review of building plans
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of building permit
MM 4.3: All landscaping shall be consistent with water conservation
practices including the use of drought tolerant landscaping, drip irrigation,
RESOLUTION NO. 06-2005
PAGE 16
and mulch. To the greatest extent possible, areas requiring spray irrigation
shall be minimized.
Monitoring:
Responsible Department:
Timeframe:
Review of landscaping and irrigation
plans
Community Development Department;
Parks and Recreation Department
Prior to issuance of building permit
MM 4.4: The applicant shall provide on-site retention to the satisfaction
of the Director of Public Works.
Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
MM 5.1: All dust control measures listed below (MM 5.2 — 5.6) shall be
followed during construction of the project and shall be shown on grading
and building plans. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order increased
watering, as necessary, to prevent transport of dust off site. The name and
telephone number of such person(s) shall be provided to the APCD prior to
land use clearance and finished grading of the area.
MM 5.2: During construction, water trucks or sprinkler systems shall be
used to keep all areas of vehicle movement damp enough to prevent
airborne dust from leaving the site. At a minimum, this would include
wetting down such areas in the later morning and after work is completed
for the day and whenever wind exceeds 15 miles per hour. Reclaimed
(non-potable) water shall be used whenever possible.
MM 5.3: Soil stockpiled for more than two days shall be covered, kept
moist, or treated with soil binders to prevent dust generation.
MM 5.4: All vehicles hauling dirt, sand, soil, or other loose materials
are to be covered or should maintain at least two feet of freeboard
(minimum vertical distance befinreen top of load and top of trailer) in
accordance with CVC Section 23114.
MM 5.5: Install wheel washers where vehicles enter and exit unpaved
roads on to streets, or wash off'trucks and equipment leaving the site.
Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
MM 5.6: Sweep streets at the end of each day if visible soil material is
carried on to adjacent paved roads. Water sweepers with reclaimed water
shall be used where feasible.
RESOLUTION NO. 06-2005
PAGE 17
MM 5.7: To mitigate the diesel PM generated during the construction
phase, all construction equipment shall be properly maintained and tuned
according to manufacturer's specifications. The measures below (MM 5.8 —
5.10) shall be clearly identified in the project bid specifications so the
contractors bidding on the project can include the purchase and installation
costs in their bids.
MM 5.8: All off-road and portable diesel powered equipment, including
but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, shall be fueled with
California Air Resources Board (ARB) motor vehicle diesel fuel.
MM 5.9: To the maximum extent feasible, the use of diesel
construction equipment shall meet the ARB's 1996 certification standard for
off-road heavy-duty diesel engines.
MM 5.10: Unless otherwise approved by APCD, the developer shall
install catalytic diesel particulate filters or Diesel oxidation catalyst on two
(2) pieces of construction equipment involved in primary earth moving and
construction activities and projected to generate the greatest emissions.
APCD staff shall be included in the selection of candidate equipment along
with a representative of the contractor.
Monitoring: Review of improvement plans
Responsible Department: Public Works, Community Development
and Building & Fire Depts.
Timeframe: Prior to issuance of building permit and
during construction
MM 6.1: The applicant shall pay the Traffic Signalization Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of Building Permit
MM 6.2: The applicant shall pay the City's Transportation Facilities
Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of building permit
MM 7.1: The five (5) mature pine trees located along the south side of
the property shall remain, as well as the 30" diameter Conifer located near
the edge of the parking lot. The 10" diameter oak tree located on the
southwest side of the property near the existing front entrance shall be
relocated to an appropriate space on site.
RESOLUTION NO. 06-2005
PAGE 18
Monitoring:
Responsible Department:
Timeframe:
The final landscape plan shall
these changes.
Community Development and
Recreation and Facilities Depts.
Prior to issuance of Grading Permit
show
Parks,
MM 7.2: Protective fencing shall be installed at the dripline around all
trees to be retained on site. The fencing shall be installed prior to any site
clearing, grading, or demolition activities, and shall remain in place until
construction is complete, including landscaping. Weatherproof signs shall
be permanently posted on the fences, stating the following:
Tree Protection Zone
No personnel, equipment, materials, or vehicles are
allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general
contractor]
Monitoring: Field inspection
Responsible Departments: Community Development and Parks,
Recreation & Facilities Depts.
Timeframe: Prior to issuance of Grading Permit
MM 10.1: Construction activities shall be restricted to the hours of 7:00
AM to 5:00 PM Monday through Friday. There shall be no construction
activities on Saturdays or Sundays. Equipment maintenance and
servicing shall be confined to the same hours. To the greatest extent
possible, grading and/or excavation operations at portions of the site
bordering developed areas should occur during the middle of the day to
minimize the potential for disturbance of neighboring noise sensitive uses.
MM 10.2: 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 10.3: Equipment mobilization areas, water tanks, and equipment
storage areas shall be placed in a central location as far from existing
residences as feasible.
RESOLUTION NO. 06-2005
PAG E 19
Monitoring: Notes shall be placed on the construction
plans referencing the above measures.
Responsible Department: Public Works Department
Timeframe: During construction
MM 14.1: The following note shall be placed on the grading and
improvement plans for the project:
"In the event that during grading, construction or development of the
project, archeological resources are uncovered, all work shall be
halted until the significance of the resources are determined. If human
remains (burials) are encountered, the County Coroner (781-4513)
shall be contacted immediately. The applicant may be required to
provide archaeological studies and/or additional mitigation measures
as required by the California Environmental Quality Act if
archaeological resources are found on the site."
Monitoring:
Responsible Department:
Timeframe:
Review of grading plans and site visits
by the Public Works Inspector.
Public Works, Fire & Bldg. Depts.
Prior to issuance of a grading permit and
during site grading
MM 15.1: The applicant shall pay all applicable Park Development and
Community Center Impact fees.
Monitoring:
Responsible Department
Timeframe:
The applicant shall pay the fees to the
City.
Parks & Recreation Department
Prior to issuance of building permit
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