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PC R 12-2165WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Development Code Amendment 12 -002, Conditional Use Permit 12 -001 and Lot Merger 12 -001, filed by Todd Tose to expand and renovate an existing senior assisted living facility ( "Alder House "), change the zoning of the adjacent parcel to the north from Single - Family Residential (SF) to Multi - Family Very High Density Residential (MFVH), and merge the two lots into one; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREAS, the Planning Commission finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission finds that variation from the north side yard setback will create will produce a more desirable and livable community than can be obtained by strict compliance with such minimum requirement; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: A. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning Map is consistent with the goals, objectives, policies and programs of the General Plan and is necessary and desirable to implement the provisions of the General Plan. B. The proposed Development Code Amendment amending the Zoning Map will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The proposed expansion of the existing assisted living facility retains the residential character of the surrounding neighborhood by keeping the structure low- profile and single -story, and will not impact public services beyond what the General Plan anticipates for this area. RESOLUTION NO. 122165 AUGUST 21, 2012 PAGE 2 C. The proposed Development Code Amendment amending the Zoning Map is consistent with the purpose and intent of the Development Code. Very High Density residential development within the project area would be required to meet development and design standards under the MFVH zoning designation that insure orderly development. D. The potential environmental impacts of the proposed Development Code Amendment amending the Zoning Map are insignificant or can be mitigated to a less than significant level. Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed expansion and remodel of the existing assisted living facility is permitted within the MFVH zoning district and complies with all applicable Municipal Code requirements, the goals and objectives of the General Plan and the development policies and standards of the City. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed expansion and remodel of the existing assisted living facility is consistent and compatible with the surrounding residential development and would not impair the integrity or character of the MFVH zoning district. The facility would remain single -story and the addition is consistent with the architectural character of the existing structure. 3. The site is suitable for the type and intensity of use or development that is proposed. At 27 dwelling units per acre, the proposed development is below the maximum density of 35 dwelling units per acre allowed for assisted living arrangements per State law. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. Adequate capacity for water, sanitation and public utilities and services exist to serve the project; therefore, public health and safety will not be impacted. RESOLUTION NO. 122165 AUGUST 21, 2012 PAGE 3 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. The proposed use will not be detrimental to the public health, safety or welfare nor would it be materially injurious to properties and improvements in the vicinity. Lot Merger Findings: 1 . Merged lots should comply wherever feasible with the minimum lot size, lot width, and lot depth requirements of the zoning district in which it is located. The proposed project would merge two (2) lots into one (1) and the remaining lot would be more conforming to the MFVH zoning district development standards. Currently, Lot 1B does not conform to MFVH development standards for minimum lot area or lot width. 2. Adequate access and placement of easements shall be provided. The access driveway to Lot 1B will be removed and access to the project site will be from the existing /upgraded driveway for the assisting living facility. All new easements will be recorded. 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 Development Code Amendment 12 -002, Conditional Use Permit 12 -001 and Lot Merger 12 -001. 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. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council approve Development Code Amendment 12 -002, Conditional Use Permit 12 -001 and Lot Merger 12 -001 subject to the conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. On motion by Commissioner Sperow, seconded by Commissioner Ruth, and by the following roll call vote, to wit: AYES: Sperow, Ruth, Barneich, Martin NOES: None ABSENT: Keen the foregoing Resolution was adopted this 21st day of August 2012. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 5 D '' LOU • • • •► '2,, A IM 1 Rl 1 V q" •' • MOM • RM RESOLUTIOR'AO. AUGUST 21, 2012 PAGE 6 :1'■ I II k IWAV COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes: A change in zoning from SF to MFVH for property located at 279 Alder Street; an addition of nine (9) new guest rooms, a new office, lobby, an activity area and remodeling of the existing kitchen and medical station to an existing assisted living facility; and merger of two (2) lots into one (1). 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 Development Code Amendment 12 -002, Conditional Use Permit 12 -001 and Lot Merger 12 -001. 3. This application shall automatically expire on , 2014 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. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of and marked Exhibits "131 -139 ". 5. The applicant shall agree to defend at his /her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's 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. 6. A copy of these conditions shall be incorporated into all construction documents. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 7 Special Conditions 7. A tree protection plan shall be submitted for all existing Coast Live Oak trees to remain. 8. The pavers proposed under the existing 30" diameter Coast Live Oak tree located to the rear of the property shall be removed and replaced with bark or other natural permeable material. Development Code 9. Development shall conform to the Multi- Family Very High Density (MFVH) residential zoning requirements except as otherwise approved. 10. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. 11. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. Noise 12. Consistent with MM 12.1, construction activities shall be restricted to the hours of 7 AM and 6 PM Monday through Saturday. No construction shall occur on Sunday. On -site equipment maintenance and servicing shall be confined to the same hours. Lighting 13. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. Water 14. 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. Solid Waste 15. Location of Solid waste pick -up as identified on the project plans is acceptable. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. PRIOR TO ISSUING A BUILDING PERMIT: 16. A final landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and the Recreation and Maintenance Services Department. The landscaping plan shall include the following: RESOLUTION NO. 12-2165 AUGUST 21, 2012 PAGE 8 a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground- mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5) of asphalt or concrete surfaces and curbs; 2. 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; 3. An automated irrigation system; 4. The selection of groundcover plant species shall include native plants; and 5. Linear planters shall be provided in the parking areas. 0 0 .. 17. 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 ". 18. All new electrical panel boxes shall be installed inside the building. BUILDING DIVISION 19. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. 20. The project shall provide complete compliance with State and Federal disabled access requirements. 21. Prior to issuing a Certificate of Occupancy, the facility must be fully sprinklered per Building and Fire Department guidelines. 22. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 23. The project shall have a fire flow based on the California Fire Code appendix III -A. 24. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Authority and Community Development Department standards. 25. Prior to occupancy, the applicant must provide an approved "security key vault', per Building and Fire Department guidelines. 26. Prior to issuance of grading or building permit, the applicant shall show proof of properly abandoning all non - conforming items such as septic tanks, wells, underground piping and other undesirable conditions. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 9 ENGINEERING DIVISION All conditions of approval as listed below are to be complied with prior to recording the lot merger, unless specifically noted otherwise. GENERAL CONDITIONS 27. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Parks, Recreation and Maintenance. 28. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS 29. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 30. Submit three (3) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 31. 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. 32. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the 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. Any other improvements as required Director. 33. The site plan shall include the following: by the Community Development 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. RESOLUTION NO. 122165 AUGUST" 21, 2012 PAGE 10 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. 34. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 35. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks, Recreation and Maintenance Departments. WATER 36. Whenever possible, all water mains shall be looped to prevent dead ends. The Director of Parks, Recreation and Maintenance must grant permission to dead end water mains. 37. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 38. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 39. 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. 40. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Parks, Recreation and Maintenance. 41. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high -flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Parks, Recreation and Maintenance 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 for each new residential unit. 42. The on -site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 10 feet wide easement. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 11 43. New fire hydrant required within 50 feet of existing building fire department connection on double detector valve assembly, to be constructed in accordance with City Standards. 44. The existing water meter serving Lot 1B shall be abandoned and disconnected at the Main in Alder Street, and the existing water meter serving Lot 1A shall be upsized to accommodate both irrigation and domestic water for the entire site. An alternative shall be to dedicate use of the existing water meter serving Lot 1 B for irrigation of the entire project site (Lot 1A and Lot 1 B). SEWER 45. Each parcel shall be provided a separate sewer lateral 46. All new sewer mains must be a minimum diameter of 8 ". 47. All sewer laterals within the public right of way must have a minimum slope of 2 %. 48. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 49. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Parks, Recreation and Maintenance. 50. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to construction permit issuance. 51. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. PUBLIC UTILITIES 52. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 53. Underground all existing overhead public utilities on -site and in the street in accordance with Section 16.68.050 of the Development Code. 54. Underground improvements shall be installed prior to street paving. 55. Street lights shall be placed 200' — 250' apart on streets 40' or less in width. On streets greater than 40' in width, a street lighting plan shall be designed and submitted to the Community Development Director for approval. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 12 56. The Improvement Plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Community Development Director for approval. 57. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 58. All existing and proposed public utility easements shall be shown on the improvement plans. Verify the existence of public utility easements along the north and south property lines of Lot 1A where overhead utility lines exist and show and note the recorded document reference on the improvement plan drawings. If the easements do not exist, an offer to dedicate public utility easements shall be made. RTRFFTR 59. Obtain approval from the Director of Parks, Recreation and Maintenance 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. 60. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 61. All street repairs shall be constructed to City standards. 62. 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. 63. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Parks, Recreation and Maintenance. 64. Alder Street shall be taper grind and an asphalt concrete overlay constructed from the edge of gutter to the centerline of the street along the entire frontage of the project. CURB GUTTER AND SIDEWALK 65. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director. 66. Color any such new facilities as directed by the Community Development Director. 67. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 68. Install ADA compliant facilities where necessary. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 13 69. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 70. The existing driveway approach shall be modified to new standards with ADA accessible walkway behind driveway apron, in accordance with Title 24 of the California Building Code, Chapter 11. 71. Perform all grading in conformance with the City Grading Ordinance. 72. Submit a preliminary soils report 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. 73. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 74. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 75. All drainage facilities shall be in accordance with the Drainage Master Plan. 76. The Regional Water Quality Control Board has established a goal of elimination of all runoff from new development or redeveloped properties. The City, as well as SLO County and the other cities in the county, is now participating in a joint study that will better define how, or to what extent, that can be accomplished. At the completion of the studies there will be a set of guidelines and hydromodification regulations. Low Impact Development (LID) will be the standard. Currently the City is utilizing Interim Guidelines that include a calculation by the applicant of the additional stormwater runoff that will be generated by their project. With that information the applicant will develop a plan for handling on -site drainage including a determination of how much runoff it may be possible to percolate, or store for irrigation purposes, or otherwise use on site. Stormwater runoff that cannot be retained on site for percolation or use must be treated through the use of bioswales and then directed into the appropriate drainage system described in the Drainage Master Plan. Redeveloped properties will be required at a minimum to provide bioswales for the treatment of runoff even if no additional runoff is generated by the proposed project. 77. Prior to issuance of building permit, a maintenance agreement shall be executed between the applicant and the City for maintenance of all proposed stormwater management facilities, including the retardation basin and the underground stormwater storage /infiltration system. The agreement shall include a maintenance checklist and schedule. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 14 78. Storm drain inlets, both public and private, will be required to be stenciled with the warning: "Drains to Creek" or other appropriate advice as directed by the City. 79. The project is in Drainage Zone "A" and will require infiltration basin(s). 80. The applicant shall provide detailed drainage calculations indicating that increased run -off can be accommodated by existing facilities and /or provide on- site retention basins, to the satisfaction of the Community Development Director. 81. Infiltration basins shall be designed based on soil tests. Infiltration tests 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. 82. The applicant shall submit an engineering study regarding flooding related to the project site as directed by the Community Development Director. Any portions of the site subject to flooding from a 100 -year storm shall be shown on the site plan, and shall be noted as a building restriction. 83. The applicant shall provide on -site storm water retardation facilities designed and constructed to Public Works and Community Development requirements, and the following: a. The facilities shall be designed to reduce the peak flow rate from a post - development 100 year storm. b. The 100 year basin outflow shall not exceed the pre - development flow. c. The 100 year basin outflow shall be limited to a level which does not cause the capacity of existing downstream drainage facilities to be exceeded. d. The basin design shall include freeboard equal to 20 percent of the basin depth, to a minimum of 12 inches. e. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. f. The basin shall be maintained by a homeowner's association. The City shall approve the related language in the association CC &Rs prior to recordation. g. The basin design shall include landscaping and irrigation. h. The basin shall be fenced around the perimeter. Fencing shall be subject to the review and approval of the Community Development Director and the Parks, Recreation and Maintenance Director. DEDICATIONS AND EASEMENTS 84. All easements, abandonments, lot mergers or similar documents to be recorded as a separate document, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 15 85. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 86. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. PERMITS 87. 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. 88. Obtain a grading permit prior to commencement of any grading operations on site. FEES 89. Pay all required City fees at the time they are due. 90. Fees to be paid prior to plan approval: a. Map check fee for lot merger. b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 91. Impact fees to specific capital improvement projects as determined by the Community Development Director. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS 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: 10 12 -2165 (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 this development occurs, for the purposes of this section, when the conditional use permit is approved or conditionally approved or when the lot merger is recorded. (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. AGREEMENTS 92. 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. 93. Covenants, Conditions, and Restrictions as required by the City. IMPROVEMENT SECURITIES 94. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 17 95. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director, 96. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Community Development Director a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 97. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the lot merger on the City Council Agenda for approval. 98. Preliminary Title Report: A current preliminary title report shall be submitted to the Community Development Director prior to checking the lot merger. 99. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Community Development Director with the final submittal of the lot merger. PRIOR TO ISSUING A BUILDING PERMIT 100. The Final lot merger shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 101. All utilities shall be operational. 102. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Community Development Director. 103. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 18 MITIGATION MEASURES 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. MM 1.1: The applicant shall submit a lighting plan verifying that all exterior lighting for the development is directed downward and does not create spill or glare to the surrounding neighborhood. MM 3.1: The following conditions shall be included on all construction plans and adhered to for all construction - related permits: • Reduce the amount of disturbed area where possible. • Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increase watering frequency when wind speeds exceed 15 MPH. Reclaimed (non - potable) water shall be used whenever possible. • All dirt stockpile areas should be sprayed daily or as needed. • Exposed ground areas that are planned to be reworked more than one (1) month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. • All roadways, driveways, sidewalks and other areas 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. • All trucks hauling dirt, sand, soil or other loose materials are to be covered or shall maintain at least two (2) feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. • Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed (non - potable) water should be used where feasible. • Diesel idling shall not be permitted. • Signs that specify the no idling requirement shall be posted and enforced at the construction site. • Use of alternative - fueled equipment is recommended whenever possible. • The contractor /builder shall designate a person or persons to monitor and implement these measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity and to prevent the transport of dust off -site. The name and telephone number of such persons shall be provided to the Air Pollution Control District (APCD) prior to the start of any construction - related activities. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 19 MM 3.2: All portable equipment (50 horsepower or greater) used during construction must be issued a permit by either the CARB or the APCD. (Contact the APCD Engineering Division at (805) 781 -5912 for specific information regarding permitting requirements prior to start of the project). MM 5.1: The note below shall be placed on the grading and improvement plans for the project: "If human remains (burials) are encountered, the County Coroner shall be contacted immediately. In the event that previously unidentified potentially significant cultural resources are discovered, an archaeologist shall have the authority to divert or temporarily halt ground disturbance operations in the area of discovery to allow evaluation of potentially significant cultural resources in consultation with Northern Chumash Tribal Council. For significant cultural resources, a Research Design and Data Recovery Program to mitigate impacts shall be prepared by the consulting archaeologist and approved by the City, then carried out using professional archaeological methods. If it can be demonstrated that a project will cause damage to a unique archaeological resource, the City may require reasonable efforts to be made to permit any or all of these resources to be preserved in place or left in an undisturbed state." MM 9.1: The following BMPs shall be incorporated into the project: • Roof Downspout System. Where feasible, direct roof drains to pervious areas to allow infiltration prior to discharging to water bodies or the municipal storm drain system. • Filters. Install filter systems in all storm drain inlets serving the project site. • Labeling and Maintenance of Storm Drain Facilities. Label new 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. • Common Area Litter Control. Implement trash management and litter control to prevent litter and debris from being carried to water bodies or the storm drain system. • Refuse Areas. Trash compactors, enclosures and dumpster areas should be covered and protected from roof and surface drainage. Install a self - contained drainage system that discharges to the sanitary sewer if water cannot be diverted from the areas. RESOLUTION NO. 12 -2165 AUGUST 21, 2012 PAGE 20 ® Street/parking lot Sweeping. Implement a program to regularly sweep the sidewalks and parking lot to prevent the accumulation of litter and debris. Debris resulting from pressure washing should be trapped and collected to prevent entry into the storm drain system. Washwater containing any cleaning agent or degreaser should be collected and discharged to the sanitary sewer. ® Maintenance. A Maintenance Agreement shall be executed that defines the applicant's responsibilities for proper long -term maintenance of the underground stormwater chamber system and bioswale. MM 12.1: Construction activities shall be restricted to the hours of 7:00 AM to 6:00 PM Monday through Saturday. No construction shall occur on Sunday. On- site equipment maintenance and servicing shall be confined to the same hours. MM 12.2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Stationary noise sources shall utilize noise reducing engine housing enclosures or noise screens. MM 12.4: A note shall be placed on the construction plans that no more than two (2) pieces of major earth moving equipment shall be allowed to operate simultaneously.