R 4166RESOLUTION N0.4166
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE APPROVING TIME
EXTENSION CASE NO. 08-008 AND PROJECT
PHASING FOR TENTATIVE TRACT MAP CASE NO.
04-004 AND PLANNED UNIT DEVELOPMENT CASE
NO. 04-001; APPLICANT - DB&M PROPERTIES,
LLC; LOCATION - 415 EAST BRANCH STREET
(THE CREEKSIDE PROJECT)
WHEREAS, the City Council approved Vesting Tentative Tract Map No. 04-004 and
Planned Unit Development No. 04-001 on. September 25, 2007 to reconfigure iwenty-
three (23) existing parcels into nineteen (19) parcels and to construct a commercial
retail, office and residential development; and
WHEREAS, the City Council of the City of Arroyo Grande has considered a request for a
one-year time extension and project phasing for Vesting Tentative Tract Map No. 04-004
and Planned Unit Development No. 04-001 (the "Creekside Project"); and
WHEREAS, the Governor signed SB 1185 into law on July 15, 2008, providing an
automatic one year extension for tentative maps (and related approvals) that were valid
and effective on that date; and
WHEREAS, based on SB 1185, the Creekside Project approval expires on September
25, 2010; and
WHEREAS, the City Council finds, after due study and deliberation, that there have been
no sign cant changes in the General Plan, Municipal Code or character of the area within
which the project is located that would cause the approved project to be injurious to the
public health, safety, or welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande approves aone-year time extension and project phasing for Vesting Tentative
Tract Map No. 04-004 and Planned Unit Development No. 04-001, with the above
findings and subject to the conditions as set forth in Exhibit "A" attached hereto and
incorporated herein by this reference. Vesting Tentative Tract Map No. 04-004 and
Planned Unit Development No. 04-001 shall now expire on September 25, 2011.
On motion of Council Member Arnold, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Member Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Fellows
the foregoing Resolution was adopted this 10th day of March 2009.
RESOLUTION N0. ~ - ~ ~
PAGE 2
TONY M. F MAYOR
ATTEST:
Y WET RF, DIRECTOR OF ADMINISTRATIVE
~~ CITY CLERK
APPROVED AS TO CONTENT:
ST~V NY~AMS, CITY MANAGER
APPROVED AS TO FORM:
~~
TI THY J. MEL, CITY ATTORNEY
RESOLUTION N0.4166
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
TIME EXTENSION AND PROJECT PHASHING FOR
VESTING TENTATIVE TRACT MAP N0.04-004 AND
PLANNED UNIT DEVELOPMENT N0.04-001
APPLICANT - DB & M PROPERTIES, LLC; LOCATION - 415 EAST BRANCH ST.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes cone-year time extension and project phasing for Vesting
Tentative Tract Map No. 04-004 and Planned Unit Development No. 04-001 to construct
a commercial retail, office and residential development. The project is approved to be
phased as follows: Phase I -the Brown property containing the warehouse. and two
residences; Phase II -development of the commercial area; Phases III and IV -
development of the residential areas, all as shown on Exhibit "B" attached hereto and
incorporated herein. Conditions that do not indicate a specific phase apply to all
four phases. Conditions not applicable to Phase 1 are. based on the assumption
that there is no proposed change of use to existing structures.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as, are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 04-004 and Planned Unit Development 04-001.
3. Vesting Tentative Tract Map No. 04-004 and Planned Unit Development No. 04-
001 shall automatically expire on September 25, 2011 unless the final map for all
four phases is recorded or an additional time extension is granted. The applicant
may apply for two (2) additional one-year time extensions, pursuant to
Development Code Section 16.12.140.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of September 25, 2007 and marked Exhibits 61-
B13 (on file in the Community Development Department), except as modified by
these wnditions of approval
5. The applicant shall, as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the' City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
RESOLUTION N0.4166
PAGE 4
SPECIAL CONDITIONS
6. PHASE IV: Consistent with MM 4.3.30, an open space agreement and twenty-
five foot (25') creek easement measured from top of bank shall be recorded on
the property. No development shall occur within 25' creek setback area. A trail
easement shall also be recorded within the creek setback area. A homeowners
association shall be responsible for maintaining the creek easement area.
7. PHASES III & IV: The applicant shall provide two (2) on-site affordably restricted
housing units to be sold to moderate-income qualified families. Prior to
recording the final -map the applicant shall enter into an agreement, in a form
approved by the City Attorney, whereby the applicant agrees on behalf of itself
and its successors in interest to maintain the affordability of the units for thirty
(30) years or longer, as well as other terms and conditions determined to be
necessary to implement this condition.
8. AFTER ALL PHASES ARE COMPLETED: There shall be a "look back"
provision to determine whether a gate is necessary between the commercial and
residential uses two (2) years after the project has been constructed. The
applicant shall install a gate at its expense.
9. PHASES III 8~ IV: The two (2) Coast Live Oak trees and the Canary Island Date
Palm shall be transplanted to a suitable location on or off-site, as recommended
by the arborist report prepared by Carolyn Leach dated September 1, 2006.
10. PHASES III & IV: Storage cabinets within the garages shall be elevated to
reduce the risk of damage during a flood event, as determined by a flood study.
NOISE
11. Construction activities shall be restricted to the hours of 8:00 AM to 5:00 PM
Monday through Friday. There shall be no construction activities on Saturday or
Sunday.
DEVELOPMENT CODE
12. Development shall conform to the Village Mixed Use (VMU) zoning requirements
except as otherwise approved.
13. All fences and/or walls shall not exceed six feet (6') in height unless otherwise
approved with a Minor Exception or Variance application.
14. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
15. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
RESOLUTION N0.4166
PAGE 5
PRIOR TO ISSUANCE OF GRADING PERMIT
16. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval
of the Community Development Director.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
17. PHASES II-IV: The Architectural Review Committee (ARC) shall review and
approve the final architectural drawings, including exterior building colors and
materials, final landscape plan with historic railroad elements, Crown Terrace
guardrail design placed on top of required retaining walls, and historic markers.
18. PHASES II-IV: The applicant shall obtain approval for a Planned Sign Program
consistent with the Development Code and the Design Guidelines and Standards
for Historic Districts.
PRIOR TO RECORDING THE FINAL MAP
19. PHASES II-IV: A landscaping and irrigation plan shall be prepared by a licensed
landscape architect subject to review and approval by the Community
Development and Parks and Recreation Departments. The landscaping plan shall
include the following for all public street frontages and common landscaped areas:
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; and
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
20. All fencing shall be installed.
21. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs)
that are administered by a subdivision homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&Rs shall be reviewed
and approved by the City Attorney and recorded with the final map.
RESOLUTION N0.4166
PAGE 6
PARKS AND RECREATION DEPARTMENT CONDITIONS
22. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
23. Linear root barriers shall be used throughout the project to protect all sidewalks.
24. PHASES II-IV: All street front trees shall be 24-inch box and shall be located a
minimum of one (1) tree for every fifty feet (50') of street frontage. The existing
Cypress trees along Crown Terrace shall be removed in the northeast corner of the
site. The other Cypress trees shall be thinned or removed, as determined to be
necessary by an arborist study. The Architectural Review Committee (ARC) shall
review and approve the final landscape plan.
25. PHASES II-IV: The applicant shall submit a completed "GreenPoint" Checklist
from the most recent edition of "new Home Construction Green Building
Guidelines" developed by SLO Green Build to the Community Development
Department prior to issuance of building permit.
BUILDING AND FIRE DEPARTMENT CONDITIONS
26. PHASES II-IV: The project shall comply with the most recent editions of the
California State Fire and Building Codes and the Uniform Building and Fire
Codes as adopted by the City of Arroyo Grande.
27. PHASES II-IV: The project shall comply with State and Federal disabled access
requirements at public areas.
28. PHASES II-IV: The applicant shall show all setback areas for each lot on the
tentative tract map prior to map recordation.
FIRE LANES
29. PHASES II-IV: Prior to issuance of a certificate of occupancy, all fire lanes
must be posted and enforced, per Police Department and Fire Department
guidelines.
FIRE FLOW/FIRE HYDRANTS
30. PHASES II-IV: Project shall have a fire flow based on the California Fire Code
appendix III-A.
31. PHASES II-IV: Prior to bringing combustibles on site, fire hydrants shall be
installed, and be operational per Fire Department and Public Works Department
standards. Add an additional hydrant in the dead end street portion on the west
side of lots 6 & 7.
RESOLUTION N0.4166
PAGE 7
32. PHASES II-IV: Prior to occupancy, the applicant must provide an approved
"security key vault", per Building and Fire Department guidelines.
FIRE SPRINKLER
33. PHASES II-IV: Prior to occupancy, all buildings must be fully sprinklered per
National Fire Protection Association Standards.
34. PHASES II-IV: Prior to issuance of a grading permit or building permit,
whichever occurs first, the applicant shall show proof of properly abandoning all
non-conforming items such as septic tanks, wells, underground piping and other
undesirable conditions.
OTHER APPROVALS
35. PHASES II-IV: Prior to issuance of a building permit, County Health
Department approval is required for well abandonment if applicable.
36. PHASES II-IV: Project must comply with Federal and local flood management
policies.
37. PHASES II-IV: Any review costs generated by outside consultants, shall be paid
by the applicant.
SPECIAL CONDITION(S)
38. PHASES II-IV: The applicant shall provide entrance directories, with addresses
for Fire & Emergency responders, including private street names.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted
otherwise.
39. Fees -The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
40. Fees to be paid prior to plan approval:
a. Map check fee.
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.
RESOLUTION N0.4166
PAGE 8
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A)Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been
imposed are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E)The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
SPECIAL CONDITIONS
41. PHASE III: Replace the existing 4" water main underneath Crown Terrace with
an 8" main. Replace all services that are not to be abandoned.
RESOLUTION N0.4166
PAGE 9
42. PHASE III: Replace the short section of 4" main underneath Le Point Street to
connect to the 6" main underneath the northern section of Crown Terrace.
43. PHASE III: Replace the section of 4" main underneath Le Point Street between
Corbett Canyon/Highway 227 and McKinley Street.
44. PHASE III: Extend an 8" main through the site to connect to the main
underneath Le Point and Crown Hill.
45. PHASES II-IV: The applicant shall make all necessary welded connections to
the steel sanitary sewer main and slip line the main and welded stub laterals.
46. PHASES II-IV: Pay a proportionate share to the Fair Oaks Sewer Main Upgrade
47. PHASES I & II: Install decorative streetlights along Crown Hill to match existing
light standards in the village along East Branch Street. The minimum lighting
required by the Police Department shall be used. Streetlights along Crown
Terrace and Le Point Street shall be shielded to direct light downwards, and shall
be shorter than standard streetlights. The ARC shall review and approve the
final lighting plan.
48. Parking for existing businesses on the site shall not be blocked during
construction.
49. PHASES II-IV: Dust shall be controlled on site during construction.
50. PHASE IV: The pedestrian path adjacent to the creek shall be made of
decomposed granite (dg).
51. Distinctive marking, such as stamped concrete, shall be used to indicate a
pedestrian path across the parking area linking the pedestrian path adjacent to
the creek to East Branch Street. For PHASE I, a pedestrian. easement shall be
shown on the final map between lots 17 and 18 from the parking area to East
Branch Street.
52. PHASES II-IV: A bike rack containing six (6) bicycle spaces shall be installed in
both the residential and commercial components of the project for a total of
twelve (12) bicycle spaces (three spaces per phase).
53. Underground all existing overhead utilities, more specifically the following poles
and associated overhead lines, shown graphically in Exhibit A:
a. PHASE IV: Pole 2197, near the dead end of Le Point Street.
b. PHASE III: Pole 440, at the corner of Le Point and Crown Terrace.
c. PHASE II: Pole 524, at the corner of Crown Hill and Crown Terrace.
d. PHASE II or III: Pole 139, along Crown Terrace.
e. PHASE II or III: Unknown Pole Number, along Crown Terrace.
54. PHASES III & IV: Construct Le Point Street adjacent to the northern project
RESOLUTION N0.4166
PAGE 10
boundary to the following design standards:
^ 20 feet street width from curb to centerline of street from the project side.
• 6 feet wide concrete sidewalks on the project side with concrete curb and
gutter.
• 25 mile per hour design speed.
• TI of 6.5.
55. PHASES II 8~ III: Construct Crown Terrace adjacent to the eastern project
boundary to the following design standards:
^ 12 feet street width from curb to centerline of the street from the project
side.
^ 6 feet wide concrete sidewalks with concrete curb and gutter on the west
side of the street.
^ "No Parking" on both sides of the street.
^ 25 mile per hour design speed.
^ TI of 6.5.
56. PHASES 18~ II: Remove and replace any broken curb, gutter and sidewalk along
Crown Hill and East Branch Street.
57. PHASE 11: Install a pedestrian ramp at the corner of Crown Hill and East Branch.
58. PHASES II 8~ III: Overlay Crown Terrace with 1 ''/i' asphalt concrete. Grind the
perimeter of the overlay to facilitate matching to existing grades.
59. PHASE III: Complete half of the cross gutter and spandrel at the northwest
corner of Le Point Street and Crown Terrace.
60. PHASE III: Analyze the intersection of Crown Terrace and Le Point Street for
traffic control improvements and install an all-way stop, and any other
improvements as are deemed necessary by the Director of Public Works.
Sidewalk and ADA improvements shall be installed as necessary. The City shall
financially assist in drainage and sidewalk improvements as feasible at this
intersection.
61. PHASES III & IV: The residential portion of the project shall have primary
access from Le Point Street.
62. PHASES III & IV: Upgrade the storm drain system along Le Point to City
Standards, complete with fossil filters.
63. PHASE II: Remove and replace the drop inlet along the property frontage of
Crown Hill with a new City standard drop inlet.
64. PHASES II-IV: Project site drainage shall drain directly to the creek. Site
drainage shall be filtered prior to entering the creek. Energy dissipation shall be
RESOLUTION N0.4166
PAGE 11
provided for at the creek outfall. Bioswales shall be used where appropriate, as
approved by the California Department of Fish and Game and the U.S. Army
Corps of Engineers.
GENERAL CONDITIONS
65. PHASES II-IV: 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 Public Works.
66. PHASES II-IV: Perform construction activities requiring City inspection during
normal business hours (Monday through Friday, 7 A.M. to 5 P.M. excluding City
holidays) for inspection purposes.
67. Prior to placing the final map on the City Council Agenda, the following items
shall be submitted and approved:
a. Final map signed.
b. PHASES II-IV: Improvement Securities.
c. Fees paid.
d. PHASES 11-IV: Inspection agreement signed.
e. Subdivision improvement agreement signed.
f. Tax certificate.
g. Project CC&Rs or maintenance agreements.
IMPROVEMENT PLANS
68. PHASES II-IV: All project improvements shall be designed and constructed in
accordance with the City of Arroyo Grande Standard Drawings and
Specifications.
69. PHASES II-IV: Submit four (4) full-size paper copies and one (1) full-size mylar
copy of approved improvement plans for inspection purposes during
construction.
70. PHASES II-IV: Submit as-built plans at the completion of the project or
improvements as directed by the Director of Public Works. One (1) set of mylar
prints and an electronic version on CD in AutoCAD format shall be required.
71. PHASES II-IV: The following Improvement plans shall be prepared by a
registered Civil Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Any other improvements as required by the Director of Public Works.
72. PHASES 11-IV: The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
RESOLUTION NO. 4166
PAGE 12
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the
property.
e. The location and dimension of all existing and proposed paved areas.
g. The location of all existing and proposed public or private utilities.
73. PHASES II-IV: Improvement plans shall include plan and profile of existing and
proposed streets, utilities and retaining walls.
74. Any landscape and irrigation within the public right of way require plans that shall
be approved by the Public Works, Community Development and Parks and
Recreation Departments.
WATER
75. PHASES II-IV: Whenever possible, all water mains shall be looped to prevent
dead ends. The Director of Public Works must grant permission to dead end
water mains.
76. PHASES II-IV: Construction water is available at the corporate yard. The City of
Arroyo Grande does not allow the use of hydrant meters.
77. Each parcel shall have separate water meters. Duplex service lines shall be
used if feasible.
78. PHASES II-IV: 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.
79. PHASES II-IV: Existing water services to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
80. PHASES II-IV: 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 Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council
for approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential
unit.
81. PHASES II-IV: Install fire hydrants to Public Works and Building and Fire
Department requirements.
RESOLUTION N0.4166
PAGE 13
SEWER
82. PHASES II-IV: Each parcel shall be provided a separate sewer lateral.
83. All sewer laterals must connect to City sewer mains.
84. PHASES II-IV: All new sewer mains must be a minimum diameter of 8".
85. PHASES II-IV: All sewer laterals within the public right of way must have a
minimum slope of 2%.
86. PHASES 11-IV: All sewer mains or laterals crossing or parallel to public water
facilities shall be constructed in accordance with California State Health Agency
standards.
87. PHASES II-IV: Existing sewer laterals to be abandoned shall be properly
abandoned and capped at the main per the requirements of the Director of
Public Works.
88. PHASES II-IV: Obtain approval from the South County Sanitation District for the
development's impact to District facilities.
PUBLIC UTILITIES
89. PHASES II-IV: Underground all new public utilities in accordance with Section
16.68.050 of the Development Code.
90. PHASES II-IV: Under ground all existing overhead public utilities on-site and in
the street in accordance with Section 16.68.050 of the Development Code.
91. PHASES II-IV: Underground improvements shall be installed prior to street
paving.
92. PHASES II-IV: Submit all improvement plans to the public utility companies for
approval and comment. Utility comments shall be forwarded to the Director of
Public Works for approval.
93. Submit the Final Map shall to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works for
approval.
94. PHASES II-IV: Prior to approving any building permit within the project for
occupancy, all public utilities shall be operational.
95. PHASES II-IV: All public utility plans shall be submitted to the Director of Public
Works for review and comments.
RESOLUTION N0.4166
PAGE 14
STREETS
96. PHASES II-IV: Obtain approval from the Director of Public Works prior to
excavating in any street recently over-laid or slurry sealed. The Director of Public
Works shall approve the method of repair of any such trenches, but shall not be
limited to an overlay, slurry seal, or fog seal.
97. PHASES II-IV: All trenching in City streets shall utilize saw cutting. Any over
cuts shall be cleaned and filled with epoxy.
98. PHASES II-IV: All street repairs shall be constructed to City standards.
99. PHASES II-IV: Street structural sections shall be determined by an R-Value soil
test and TI, but shall not be less than 3" of asphalt and 6" of Class II AB.
100. PHASES II-IV: 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
Public Works.
CURB, GUTTER, AND SIDEWALK
101. PHASES II-IV: Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
102. PHASES II-IV: Install tree wells for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
GRADING
103. PHASES II-IV: Perform all grading in conformance with the City Grading
Ordinance.
104. PHASES II-IV: 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.
105. PHASES II-IV: Submit all retaining wall calculations for review and approval by
the Director of Public Works for walls not constructed per City standards.
DRAINAGE
106. PHASES II-IV: All drainage facilities shall be designed to accommodate a 100-
yearstorm flow.
107. PHASES II-IV: All drainage facilities shall be in accordance with the Drainage
Master Plan.
108. PHASES II-IV: The project is in Drainage Zone "B" and will require runoff to be
directed to the creek.
109. PHASES II-IV: Submit detailed drainage calculations for review and approval by
the Director of Public Works.
RESOLUTION N0.4166
PAGE 15
DEDICATIONS AND EASEMENTS
110. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
111. PHASES II-IV: Abandonment of public streets and public easements shall be
listed on the final map of parcel map, in accordance with Section 66499.20 of the
Subdivision Map Act.
112. PHASES 11-IV: 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.
113. PHASES III 8 IV: A Public Utility Easement (PUE) shall be dedicated over the
private driveway for the residential portion.
114. PHASES II-IV: Easements shall be dedicated to the public on the map, or other
separate document approved by the City, for the following:
• Sewer easement over the existing sewer main. The existing easement is
to the County of San Luis Obispo, but the City owns a portion of the main.
The easement shall be a minimum of 15 feet wide.
• Water easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
115. Private easements shall be reserved on the map, or other separate document
approved by the City, for sewer and water service.
116. Prior to issuance of grading or building permits for the project, the applicant shall
provide evidence, to the satisfaction of the City Attorney, of all easements
necessary for unimpeded public access to the project site, as shown on the
project plans.
PERMITS
117. 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.
118. PHASES II-IV: Obtain a grading permit prior to commencement of any grading
operations on site.
RESOLUTION N0.4166
PAGE 16
AGREEMENTS
119. PHASES II-IV: 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.
120. Subdivision Improvement 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.
121. Covenants, Conditions, and Restrictions to outline the maintenance of the
common facilities. These shall be subject to the review and approval of the
Director of Public Works and the City Attorney.
IMPROVEMENT SECURITIES
122. PHASES II-IV: All improvement securities shall be of a form as set forth in
Development Code Section 16.68.090, Improvement Securities.
123. PHASES II-IV: Submit an engineer's estimate of quantities for public
improvements for review by the Director of Public Works.
124. PHASES II-IV: Provide financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to
acceptance of the subdivision improvements.
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 Director of Public Works a
letter assuring that all monumentation has been set.
OTHER DOCUMENTATION
125. 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.
126. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
RESOLUTION N0.4166
PAGE 17
127. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works with the final submittal of the Map.
Prior to issuing a building permit
128. The Final Map shall be recorded with all pertinent conditions of approval
satisfied.
Prior to issuing a certificate of occupancv
129. PHASES II-IV: All utilities shall be operational.
130. PHASES II-IV: 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
Director of Public Works.
131. PHASES II-IV: Prior to the final 10% of occupancies for the project are issued;
all improvements shall be fully constructed and accepted by the City.
MITIGATION MEASURES
SEE MITIGATION MONITORING PROGRAM (EXHIBIT C).
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the Cify of Arroyo Grande, County of San Luis
Obispo,- State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4166 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
10~h day of March 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11~h day of
March 2009.
KELLY MORE, CITY CLERK