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PC R 13-2195' RESOLUTION NO. 13 -2195 A RESOLUTION OF THE PLANNING CO_ MMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, AND APPROVING VESTING TENTATIVE TRACT MAP 13 -001 (TRACT 3045) AND PLANNED UNIT DEVELOPMENT 13 -001; LOCATED AT 1051 HUA"SNA ROAD; APPLIED FOR BY JEFF AND SHELLEY BECK, WEINHOLD FAMILY TRUST, AND SUZANNE VAN NESS WHEREAS, the applicant has filed Vesting Tentative Tract Map 1.3 =001 and' Planned Unit Development 13 -001 to approve a new 12 lot residential subdivision in the Residential Suburban (RS) 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 October 15, 2013; and WHEREAS, the Planning Commission finds„ after due study, deliberation, and 'public hearing, the following circumstances exist: Vesting 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 'infilllocation. 3. The site is physically suitable for the proposed density of development. The site is physically suitable as designed for the density of development proposed because the required lot sizes for lots located on slopes are met and the reduced lots sizes located on the plateau are compatible with the adjacent development patterns. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 2 of 26 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. A new access easement through the property for public and emergency access use is established with the design of the subdivision. 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. Fora ,proposed subdivision that includes, or is adjacent to an agriculture district, the. design of theaentative map or,proposed improvements shall provide an adequate,buffer, according to Section 16.12.17Ofl 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. An agricultural buffer that exceeds the required 100' is provided and includes plant species from the San Luis Obispo County recommended plant palette for Agricultural Buffers. Planned Unit Development Findings: n 1. That the proposed development is' consistent with the, goals, objectives and programs of the general plan and any applicable specific plan; ' RESOLUTION 140. 11-2,1195, OCTOBER 15, 201.3 ' PAGE 3 of 26 The proposed development is consistent with the goals, objectives and programs of the general plan. 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; The 4:85 acre site is 'adequate in size and shape to accommodate 12 residential dwellings and all yards, open spaces, setbacks, landscaping; and buffers as required. 3. That the site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways; The site access from Huasna Road provides adequate access for the 12 residential lots. The proposed cul -de -sac exceeds 600 feet in length which requires that a secondary access be provided for emergency access and the development plan design meets this requirement 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 will be provided with the addition of the emergency access easement in order to provide access for emergency vehicles and potential evacuation access for the project and adjacent neighborhood. 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; The proposed development is compatible with the existing and' planned land use character of'the surrounding area as an infill residential project, and as conditioned will not have a substantial adverse effect on 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, The emergency access easement provides access for emergency vehicles and potential evacuation access for the project and adjacent neighborhood in the event flood, seismic,, fire and slope hazards. Engineering requirements for construction addressslope stability standards; 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; RESOLUTION NO: 13 -2195 OCTOBER 1'5;,2013 PAGE ,4 of 26 The planned unit development. allows a reduction in lot saes which allows the area of 'the upper plateau to be used more effectively 'to locate the, majority of the lot's, which are also less visdile from Huasna Road., Design Guidelines addressing development character improve the quality of home, design and site development, ,especially on the prominentfrontslopes The proposed 'development complies with all applicable performance standards listed in Section 1 &32.050(E)., The,proposed development. compiles with all applicable performance standards,as_, :conditioned. NOW, THEREFORE,, BE IT RESOLVED that the Planning Commission of'the City, of Arroyo .Grande hereby adopts, the Mitigated Negative Declaration and approves Vesting Tentative Tract. Map 13 -00,1 and Planned' Unit ;Development 1-3 =001 with the above findings and subjectsto the conditions as setforth imExh�ibit'A ", and asAiapicted in,Exh'ibii "b" attached hereto and incorporated herein by thin reference. On motion by Commissioner,Bameich, seconded by Commissioner, Sperow, and by the following roll call vote, to wit: AYES: Ba"rneich,'Sperow „ Keen, .Martin NOES: None ABSENT: None the foregoing Resolutionvas adopted th'i's 15th'dayof Octdber „2013: ATTEST: DEBBIE.WEICHINGER' SECRETARY °TO','THE COMMISSION AS TO CONTENT:, ENT DIRECTOR NICE CHAIR RESOLUTION NO. 13 -2195 OCTOBER 1'5; 2013 PAGE 5 of 26 EXHIBIT 'A' CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 13 -001 AND PLANNED UNIT DEVELOPMENT 13 -001 1051 HUASNA ROAD (TRACT 3045) This approval authorizes the, development of 12 custom residential lots on a 4.85 -acre project site in the Residential Suburban (RS) zoning district. 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. I 2. The applicant shall comply with all conditions of approval for Vesting Tentative Tract Map 13 -001 and Planned Unit Development Case No. 13-001. 3. This application shall automatically expire on October 15, 2015 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 occur in substantial conformance with the ,plans presented to the Planning Commission at the meeting of October 135, 2013 and marked Exhibit "B ". 5. The applicant shall, as a condition of approval of this tentative or final 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. 6. Prior to final of subdivision improvements, the developer shall provide mail I receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 6 of 26 ' 7. All walls (including retaining walls), fences, or combination thereof, within the front setback area, shall be decorative and no more than 3 feet in height. Unless specifically approved through the appropriate procedure, no other wall (including retaining walls), fence, or combination thereof shall exceed six feet (6') in height. A 6' tall decorative retaining wall along the entry road was approved with the tract map. DEVELOPMENT CODE 8. Development shall conform with the Residential Suburban (RS) zoning requirements except as otherwise approved and contained within the Design Guidelines. 9. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exhibit "B ", except as specifically modified by 'these conditions. 10. The developer shall comply with Development Code Chapter 16.20, "Land Divisions ". 11,. The developer shall comply with Development 'Code Chapter 16.64, ' "Dedications, Fees and Reservations.` 12. Prior to final of subdivision improvements, the developer shall comply with Development Code Chapter 1'6.68, "Improvements ". All above ground utilities shall be undergrounded. CC &R's 13. Prior to recordation of the final /parcel map, the applicant shall submit Covenants, Conditions and Restrictions (CC &R's) that are administered by a subdivision homeowners' association or other comparable mechanism, formed by the applicant for the maintenance and repair of common facilities and development of individual lots within the subdivision. The CC &R's shall be reviewed and approved by the City Attorney and recorded with the final map. At a minimum, the CC &R's shall: a. Provide for maintenance and repair of common facilities as shown by 'Exhibit B' including but not limited to: the drainage facilities and associated landscaping and irrigation, including street trees within the public right of way, natural hillside landscaping, retaining wall, and other facilities such as the emergency/ pedestrian access ' easement. A maintenance schedule and provisions for plant replacement shall be included. A property management company RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 ' PAGE 7 of 26 shall be retained to administer the maintenance agreement and to hire a professional maintenance company to perform maintenance services,; b. Include a requirement that street trees on private property shall, be installed with the development of individual lots and are to be maintained by the lot owner; c. Include the Design Guidelines document as an attachment; and d. Inform residents of their proximity to active farmland. STREET NAMES 14. Street names shall be approved by the Planning Commission in accordance with Municipal Code Section 1 2.04 and shown on the Tentative Map. LANDSCAPING 15. Street Trees shall be planted at a minimum of 50' intervals along all frontages and a within the street tree easement. 16. Prior to issuance of a grading permit, a 'landscaping, and irrigation plan shall 'be prepared by a licensed landscape architect subject to review and approval by the Community Development, Police, Building and Fire, and Parks 'and Recreation Departments. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. 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; (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) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material; and (4) An automated irrigation system. SOLID WASTE 17. Interior vehicle travel ways shall be designed to be capable of withstanding loads imposed by trash trucks. rSPEC /AL CONDITIONS RESOLUTION NO'. 13 -2195 OCTOBER 15,,2013 PAGE 8 of 26 18: The restricted building area on lots 6- 9'shall bb�shown on the Final Map., 1 1,9. Special considerationlshall be paid to "the design of homes, on lots 7 -9 and shall includel special consideration regarding visual impact and additional articulatim on downward sloperto the satisfaction of'the Community'Development,Director. 20: Design guidelines shall 'be revised -to clarify language that allows for flexibility within defined styles to,the;satjsfaction of the, Community development Director. 21 . A 15 foot.setback shall be.allowed for side loading garages. 22. The agricultural buffer and ',bioswale planting area shall be evaluated 'for functionality, and planting survival to .the satisfaction of the Community Development Director. 23. The "Natural state" area shall include native ',grasses„ trees iand'shrubs and shall be maintained pursuantto the maintenance agreement -., 24. Maintenanceagreenr ent shall' include the cut slope. 25_. Street trees, to be planted at time of building permit issuance -for individual lots ' and '•tract planting installed with tractimprovements. BUILDING AND FIRE DIVISION CONDITIONS CBC / CFC 26; The project shall comply with the most: recent editions, of''the California Fire and Building- and the International Building and Fire Codes as adopted by the, City of Arroyo Grande. FIRE LANES 27. Prior to final of,!subdivision improvements, the applicant shall post designated firedanes, per Section 22500.1 of the California`Vehicle Code. 28. All 'fire lanes. must be posted and enforced, per Police Department and Fire De,partrneht guidelines. 29. Emergency access shall be provided within the easement on Lot 1 and shall be ' 12' wide with a'! weatheF low growing vegetated surfacing, a decomposed granite 'footpath, and removable, bollards. , This roadway access shall be RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 9 of 26 designed to support the weight of a 75,000 pound fire apparatus. FIRE FLOW /FIRE HYDRANTS 30. Project shall have a fire flow -approved by per Fire Department and Public Works Department. 31. Prior to final of subdivision improvements, fire hydrants shall be installed, per Fire Department and Public Works Department standards. FIRE SPRINKLER 32. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. ABANDONMENT /NON - CONFORMING' 33. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall show proof of properly abandoning all non- conforming items ' such as septic tanks, wells, underground piping and other undesirable conditions. OTHER PERMITS 34. Prior to approval of subdivision improvements, approval from other agencies must be provided as required. 35. Any review costs generated by outside consultants, shall be paid by the applicant. SPEC /AL CONDITIONS 36. The applicant shall provide a site plan and construction details for modifications to the existing house prior to Final Map recordation: ENGINEERING AND PUBLIC WORKS CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the Final Map, unless specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 10 of 26 ' 37. All project improvements shall be designed and constructed in accordance with City standards and specifications. Plans within the right -of -way shall include profile drawings. Improvement plans (including the following) 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. Striping and signage plan. d'. Public utilities. e. Water and sewer. f. Landscaping and irrigation. 38. 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. All existing and proposed parcel lines and easements crossing the property. d. The location and dimension of all existing and proposed paved areas. e. The location of all existing and proposed public or private utilities. 39. Landscape' and irrigation plans are required for planting within the public right of way, and shall be approved by the Community Development and Public Works Departments. 40. Improvement plans shall include plan and profile of existing and proposed .streets, utilities and retaining' walls. 41. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 42. Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). 43. PRIOR TO ISSUANCE' OF A GRADING PERMIT, THE DEVELOPER shall submit two (2) copies of the final project- specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 44. The developer shall be responsible during construction for cleaning city streets, , curbs, gutters and sidewalks of dirt tracked from the project site. The flushing RESOLUTION NO. 13 -2195 OCTOBER 15„ 2013 ' PAGE 11 of'26 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 or the Community Development Director. 45. The applicant shall be responsible for, obtaining an encroachment permit for all work within a public right of way (City or Caltrans). 46. Perform construction activities during normal business hours (Monday through Friday,, 8 A.M. to 6 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. GRADING AND DRAINAGE 47. The applicant shall perform all grading in conformance with the City Grading Ordinance. ' 48. The applicant shall 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. 49. Street structural sections shall be determined by an R -Value soil test. 50. The ,applicant shall submit all retaining wall calculations for, review and approval by the Community Development Director for walls not constructed per City standards. 51. All drainage facilities shall be designed to accommodate a 25, 50, and 100 year storm flow. 52. All drainage facilities shall be in accordance with the Drainage Master Plan. 53. The project shall meet all Low Impact Development requirements set by the Regional Water Quality Control Board. 54. 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 for the basin on the left side of the ' project at elevation '162.5. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 12 of 26 ' 55. 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 C ity. 56. Plans shall include a detail for safe overflow for the basins. TREE PRESERVATION /TREE REMOVAL PLAN 57. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Municipal Code Chapter 12.16, the Community Tree Program. 58. Prior to issuance of a grading 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 on trees or adjacent property. 59. 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, tree removal shall be mitigated by planting on site, off -site, or payment of in -lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, a replacement tree installation agreement. shall be approved or fees paid., 60. 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 the dripline of the tree or a minimum of eight (8') foot radius from the trunk of the tree if approved. 61. 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 trenching 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. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 ' PAGE 13 of 26 d. A five foot (5'') protective fence shall be constructed a minimum of 8' from the trunk of each tree. 62. All trees to be pruned, shall be pruned under supervision of a Certified Arborist using the International Society of Agricultural Pruning Standards. WATER 63. Non - potable construction water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 64. Each parcel shall have separate water meters. Water services not proposed to be used shall be abandoned and capped per City Standards. 65. Lots using fire sprinklers shall have individual 1" service connections: 66. The applicant shall' pay a water neutralization fee for each new residential unit. 67. The existing water main on Huasna Road shall be relocated to be outside of the proposed sidewalk a minimum of 2 feet. ' 68. 'Connection to waterline, shall be from the existing waterline on Fortuna Court. 69. The proposed 8" water main shall end at the intersection of Huasna on the proposed street at a fire hydrant. Connection to the Huasna water main shall be prohibited due to different pressure zones. 70. The existing water main on Fortuna shall be modeled and certified by Water Systems Consulting Inc.,. (WSE). `The water main on Fortuna is currently a 6" and may need to be increased to 8 ". 71. The applicant shall offer to dedicate an easement for the proposed water main to the City. SEWER 72., Each parcel shall be provided a separate sewer lateral. 73. All new sewer mains must be a minimum diameter of 8" including the sewer main extension to Callie Court. 74. All sewer laterals within the public right of way must have a minimum slope of 2,, %. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 14 of 26 ' 75. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with the Standard Plans. 76. The applicant shall obtain approval from the South County Sanitation District for the development's impact to the District facilities prior to approval of the public improvement plans. 77. Pay proportional share of Huasna Sewer up -grade project per the City's Sewer Master Plan. PUBLIC UTILITIES 78. Underground all proposed and existing utilities, including all existing utilities on Huasna Road along the project frontage and serving the project, in accordance with Section 16.68.050 of the Development Code. 79. Underground improvements shall be installed prior to street paving. 80. Street lights shall be placed 200' — 250' apart. 81. Plans shall be submitted to the public utility companies for review and I comment. Utility comments shall be forwarded to the Community Development Director for approval. 82. Prior to issuance of ra certificate of occupancy, all public utilities shall be operational. STREET IMPROVEMENTS 83. Obtain approval from the Public Works Director prior to excavating on Huasna or 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. 84. All trenching in City streets shall "utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 85. All street repairs shall be constructed to City standards. 86. 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. 87. Huasna Road shall be slurry sealed to the centerline throughout the project's I frontage. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 ' PAGE 15 61 26 88. Streets that shall be designated as a local, street shall adhere to the following design standards: a. 30 feet street width from curb to curb. b. 5 feet wide concrete sidewalks excluding sidewalk for lot 9. c. Concrete curb and gutter on both sides of the street. and Huasna frontage., d. 25 mile per hour design speed. 89. The project shall include a sidewalk from the cul -de -sac to Huasna on the east side of the proposed street and from the cul -de sac to Lot 9 on the west side of the street. 90. The proposed wall and landscape area adjacent to the wall shah may be outside inside, of the right -of -way if necessary and shall be maintained by the CC &R's: Common 'Maintenance provisions. 91. The cul -de -sac shall be designed, per fire vehiclel access requirements. ' 92. The applicant shall provide structural section for the access drive to Fortuna Court. Structural section shall be per City Standards. 93. The proposed driveway for lot 8 and 9 shall.be constructed per City Standards, 94. The applicant, shall utilize saw cuts for ajl repairs made in curb'; gutter, and sidewalk. 95. Underground improvements shall be installed prior to street paving. 96. The applicant shall check traffic /site .distance issues related to Huasna Road. No parking 'on portion of frontage from proposed access road east approximately 100'. ,Distance to be recommended by developer's Civil Engineer and approved'. by °the Community Development Director,. 97. The applicant shall install ADA compliant facilities where necessary, including ADA facilities required on Huasna and install a temporary barricade at the end of the sidewalk. 98. The applicant shall install tree wells for all trees planted adjacent to curb, gutter and sidewalk to ,prevent damage due to root growth and' as follows: ' a. Street trees shall be planted at minimum 50' intervals along all frontages within 10 feet behind the edge of the sidewalk. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 16 of 26 b. All hill slopes shall be vegetated with ground cover and adequate erosion ' control. DEDICATIONS AND EASEMENTS 99. Abandonment of public streets and public /private easements shall be listed on the final map, in accordance with Section 66499.20 of the Subdivision Map Act. 100. Street tree planting and maintenance easements shall be dedicated adjacent to all street, right of ways. 101. A Public Utility Easement (PUE) shall be created over the entire proposed street. 102. A private and public emergency access easement, shall be 'created on the Final Map, for access to lots 8 and 9. 103. Access to the proposed street and Huasna for lots 8 and 9 shall be relinquished except as shown on the map. The access denial shall be offered I by the property owner and recorded on the map or other document as is acceptable to the City. 104. The applicant shall create an Emergency /Utility /Pedestrian access easement across Lot 1 which shall be a minimum of 12 feet wide. 105. Private easements shall be created on the Final Map, or other separate document approved by the City, for the following: a. Drainage easements where shown on the tentative map or where required by the Director of Public Works. The easements shall be a minimum of 10 feet wide. Mapping Requirements 106. Lots shall be numbered in sequence. PERMITS 107. The applicant shall obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, ' RESOLUTION NO OCTOBER 15, 201 ' PAGE 17 of 26 b. C. d. 13 -2195 3 Staging work in the City right of way, Stockpiling material in the City right of way, Storing equipment in the City right of way. 108. The applicant shall obtain a grading permit prior to commencement of any grading operations on site. AGREEMENTS 109. 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. 110. Subdivision Improvement Agreement: The applicant 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. 111 . The applicant shall record Covenants, Conditions, and Restrictions to include a Home Owners Association (HOA) or comparable mechanism for the maintenance of drainage, facilities, project landscaping and natural hillsides, retaining walls and the emergency /pedesfrianlutility easement on lot 1,. FEES AND BONDS FOR ALL CITY DEPARTMENTS The.applicant shall pay all applicable City fees, including the following: 112. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Tract Map b. 'Plan check for grading plans. C. Plan check for improvement'plans. d. Permit Fee for grading plans. e. Inspection Fee of subdivision or public works construction plans. 113. Impact fees to specific capital improvement project as determined by the Community Development Director. 114. Developer shall pay the Parks and Recreation fee as ,stated in Chapter 16.64 - Dedications, Fees and Reservations of the Muni Code. ' 115. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water' Neutralization fee, to''be ,based on codes and rates in effect RESOLUTION NO. 13 -2195 OCTOBER 1'5; 2013 PAGE 18 of'26 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 6 -7.22. C. Water Service 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 Supply 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. 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 Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in a_ ccordance with Municipal Code 6- 6.405. i. 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. M. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. n. Building Permit Fee, to be based on codes,and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. FEES TO BE PAID PRIOR TO FINAL OF SUBDIVISION IMPROVEMENTS 1 16. Prior to final of subdivision improvements, the applicant shall pay an affordable housing in -lieu fee. FEES TO BE PAID OR PRIOR TO RECORDATION OF THE FINAL MAP 117. Subdivision Agreement, 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. 1 1 8. Development Impact fees shall be paid as required by'the City. I RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 ' PAGE 19 of 26 119. 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. IMPROVEMENT SECURITIES 120. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 121. Submit an engineer's estimate of quantities for public improvements for review ,by the Community Development Director. 122. 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, 1'0% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdi,'vision improvements. d. Monumentation, 100% of the estimated cost of setting survey monuments. e. 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 map on the City Council Agenda for approval. OTHER DOCUMENTATION 123. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. PRIOR TO ISSUING A BUILDING PERMIT 124. 'The Final Map '_shall be recorded with all pertinent conditions of approval RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 20 of 26 satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 125. All utilities shall be operational. 126. 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. 127. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. PLANNING COMMISSION CONDITIONS 128. Street trees shall be the oak species Quercus agrifolia and shall be planted as close to 10' behind the,sidewalk as possible. ' 129. Add skyline trees to the Agricultural Buffer planting including Incense and Deodar cedars. 130. The proposed 15' rear yard setback shall remain at 20'. 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,: Thee Design Guidelines shall include house height limits on Lots 6 -9 to 22' above natural grade. 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) f'or 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 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 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. Uses 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 revegetatioh and landscape plans should be implemented as soon as possible, following completion of any soif 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 23,114; j. Install wheel washers where vehicles enter and exit unpaved roads, onto streets, or wash off trucks and equipment, leaving the site; RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 21 of 26 ' request must be filed with the APCD. If the site is hot 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 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. Uses 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 revegetatioh and landscape plans should be implemented as soon as possible, following completion of any soif 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 23,114; j. Install wheel washers where vehicles enter and exit unpaved roads, onto streets, or wash off trucks and equipment, leaving the site; RESOLUTION NO. 13 -2195 OCTOBER 15; 2013 PAGE 22 of 26 , 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 1,3 of the California Code of Regulations. This regulation limits idling from diesel - fueled commercial motor vehicles with gross vehicular weight ratings of more than 1.0,000 pounds and licensed for operation on highways. It applies, to Californ'i'a 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.pdf. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 ' PAGE 23 of 26 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 -4r 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. ' 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. 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, RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 PAGE 24 of'26 ' 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. MM IX -1: A Storm-water Pollution Prevention Plan (SWPPP) shall be developed and 'implemented in' consultation with the City, Regional Water ' Quality Control Board (RWQCB), and other regulatory agencies. The SWPPP shall include BMPs to reduce potential impacts to surface water quality through the construction 'and life of the project. The SWPPP shall adhere to the following requirements: • The SWPPP shall include measures to avoid creating contaminants, minimize the release of contaminants, and water quality control measures to minimize contaminants from entering surface water or percolating into the ground. • The water quality control measures shall address both construction and operations periods. • Fluvial erosion and water pollution related to construction shall be controlled by a construction water pollution control program that shall be filled with the appropriate agency and kept current throughout any site development phase. • The water pollution prevention program shall include BMPs, as appropriate, given the specific circumstances of the site and project. • The SWPPP shall be submitted for review and approval to the,RWQCB. • A spill prevention and countermeasure plan shall be incorporated into the SWPPP. • Major vehicle /equipment maintenance, repair, and equipment washing ' shall be performed off site. RESOLUTION NO. 13 -2195 OCTOBER 15, 2013 ' PAGE 25 of 26 • A wet and dry spill cleanup plan that specifies reporting requirements and immediate clean up to ensure no ,residual soil, surface water or groundwater contamination would remain after clean up. • A temporary and excess fill stockpile and disposal plan 'that ,ensures that no detrimental affects to receiving waters would, result. • Requiring all grading and application of concrete, asphalt, etc. to occur during the dry season from April 15 to October 15. • Required site preparation and erosion control BMPs for any work that may need to be completed after October 15. 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. MM XII -1: Construction activities shall be restricted to the hours of 8 a.m. and 6 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' RESOLUTION 'Nb. 13 -2195 OCTOBER 15, 20,13 PAGE; 26' of, 26 the contractor. MM ,XII -3: Equipment mobilization areas, water tanks;, and �equi'pment, storage areas shall be; placed in a central location as far -from existing residences as feasible. MM XV1' -1: Check traffic/,site distance issues related to Huasna'Road. No parking on ,portion of frontage from proposed access road east approximately 100'. 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