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R 4219 RESOLUTION NO. 4219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP NO. 3018 LOCATED AT THE NORTHEAST CORNER OF WEST BRANCH STREET AND OLD RANCH ROAD COMPOSED OF FIVE LOTS, APPLIED FOR BY THE CITY OF ARROYO GRANDE WHEREAS, the City of Arroyo Grande applied for Tentative Tract Map No. 3018 to subdivide approximately 5.0 acres located at the northeast corner of West Branch Street and Old Ranch Road into four (4) Single Family Residential lots and one (1) Public Facility lot, within a portion of the area known as the South County Regional Center; and WHEREAS, after due study, deliberation and public hearings conducted on April 7, July 7, July 21, August 18 and September 1, 2009, the Planning Commission has recommended approval of General Plan Amendment and Development Code Amendment (GPA DCA) Case No. 09 -001, including reclassification of approximately one (1.0 acre of the subject property from Community Facilities to Single Family Residential Medium Density and to rezone said portion of the five (5) acre property from Public Facility (PF) district to Single Family Residential zoning district; and WHEREAS, the City Council has found that the GPA/DCA Case No. 09 -001 and Tentative Tract Map No. 3018 are consistent with the City's General Plan and Development Code as amended; and WHEREAS, the City Council has reviewed these proposals and 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 recommended adoption of a Mitigated Negative declaration for these projects; and WHEREAS, on September 22, 2009, the City Council finds, after due study, deliberations and public hearing that the following circumstances exist: Tentative Tract Map Findings: 1. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan and the Development Code as amended. The proposed tentative tract map will enable four (4) Single Family Residential lots on a one (1) acre portion of a five (5) acre property southeast of Old Ranch Road adjoining and as a transition to a potential Public Facility development on the large corner lot at the northeast corner of West Branch Street and Old Ranch Road. 2. The site is physically suitable for the type of development proposed. The four (4) proposed residential lots are on sloping terrain, with a proposed lot depth and width similar in size to the adjoining existing Single Family Residential development of Royal Oak Estates, Tract No. 1390, and proposes residential development similar to and compatible with existing houses as well as providing transition to the potential Public Facility development. RESOLUTION NO. 4219 PAGE 2 3. The site is physically suitable for the proposed density of development. The four (4) single family lots are on sloping terrain and are similar to the density of the adjoining existing residential development and the potential Public Facility lot is a relative large level parcel with access to West Branch Street and Old Ranch Road, adjoining the existing Women's Community Center building and parking lots to the east. 4. The design of the tentative tract map and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The proposed Single Family Residential lots and the potential Public Facility developments are located in and adjoin the South County Regional Center and constitute infill development with existing streets and minor utility and other infrastructure improvements having no impacts on fish or wildlife habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The residential and Public Facility uses will be served by existing and proposed water, sewer, drainage, utilities and streets which are adequate for the potential uses. 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 alternative easements will be substantially equivalent to ones previously acquired by the public. The existing public street and an access easement to Reservoir No. 1 provide for primary access and secondary emergency access to the front and rear of the residential Tots. Other public utilities, including existing water lines and proposed sewer lines are provided easements to enable adequate services. 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 subdivision will comply with all City and South San Luis Obispo County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Development will constitute infill and utilize existing street, water and other infrastructure and services and sewer, sidewalk and other improvements are proposed as part of the tentative tract map to support project development. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Tentative Tract Map No. 3018 subject to and effective upon the effective date of Ordinance No. 612 and subject to the conditions set forth in "Exhibit A attached hereto and incorporated herein by reference. RESOLUTION NO. 4219 PAGE 3 On motion by Council Member Fellows, seconded by Council Member Arnold, and by the following roll call vote, to wit: AYES: Council Members Fellows, Arnold, Guthrie, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was adopted this 22 day of September 2009. RESOLUTION NO. 4219 PAGE 4 L ,1(41.---- -2 TONY FE ,r„ MAYOR ATTEST: it h kita tc KELLY 'E MOV, CITY CLERK APPROVED AS TO CONTENT: STEVE CITY MANAGER APPROVED A TO FORM: TI THY ZRNIERITY ATTORNEY RESOLUTION NO. 4219 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 3018 Northeast Corner of West Branch Street and Old Ranch Road COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes division of four (4) Single Family Residential lots and one (1) Public Facility lot on five (5) acres of vacant land at the northeast corner of West Branch Street and Old Ranch Road, effective with GPA/DCA Case No. 09 -001 applied for by the City of Arroyo Grande: GENERAL CONDITIONS: 1. The applicant or its successors shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant or its successors shall comply with all conditions of approval for Tentative Tract Map No. 3018. 3. This application shall automatically expire on September 22, 2011 unless a final map is filed. Thirty (30) days prior to the expiration of the approval, the applicant or its successors 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 September 22, 2009 (on file in the Community Development Department). 5. The applicant or its successors shall, as a condition of approval of this 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. Development shall conform to the Single Family Residential and Public Facility zoning districts standards as established by GPA/DCA Case No. 09 -001, except as otherwise approved. 7. All conditions of approval for the project shall be included in construction drawings. RESOLUTION NO. 4219 PAGE 6 SPECIAL CONDITIONS: 8. The City of Arroyo Grande shall contribute to 0.6 unit equivalent toward moderate income affordable housing in -lieu fee or 0.4 unit equivalent toward low- income affordable housing in -lieu fee, and pay its proportionate share of the Fair Oaks Sanitary Sewer Upgrade Project. 9. Subdivision improvements, including curb, gutter and sidewalk and underground utilities on West Branch Street and Old Ranch Road adjoining Lot 5, shall be deferred until Public Facility development of that lot. All City standard subdivision improvements required for Single Family Residential development of Lots 1 through 4, inclusive, including street lights shall be completed prior to issuance of building permits for house construction on any one of these lots. 10. On and off -site sewer collection line and easement shall be completed prior to or concurrent with Single Family Residential development including the portion on Lot 5, and the subdivider shall obtain a "will serve" letter from South San Luis Obispo County Sanitation District. MITIGATION MEASURES: AIR QUALITY 11. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the later morning and after work is completed for the day and whenever winds exceed 15 miles per hour. Only non potable water shall be used for the purpose of controlling dust during construction activities. 12. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 13. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer), in accordance with CVC Section 23114. 14. Wheel washers shall be installed where vehicles enter and exit onto streets, or all trucks and equipment shall be washed off before leaving the project site. Only non potable water shall be used for the purpose of washing wheels and /or equipment. 15. Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall only use non potable water. RESOLUTION NO. 4219 PAGE 7 CULTURAL RESOURCES 16. The following note shall be included on all construction documents: "In the event that during grading, construction or development of the project, and cultural resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner shall be contacted immediately. The applicant may be required to provide archaeological studies and /or mitigation measures." HYDROLOGY AND WATER QUALITY 17. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, low flow showerheads, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 18. The applicant shall complete measures to neutralize the estimated increase in water demand by the implementation of an individual water program consisting of retrofitting existing offsite high -flow plumbing fixtures or other water conservation measures with low flow devices. The calculations shall be submitted to the Water Conservation Coordinator and Director of Community Development for review and recommendation. The proposed individual water program shall be submitted to the City Council for approval prior to implementation. 19. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. All landscape plans shall be subject to review and approval by the Recreation and Maintenance Services Department. BUILDING DIVISION AND FIRE DEPARTMENT STANDARD CONDITIONS: BUILDING CODES 20. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 21. All subsequent developments shall provide complete compliance with State and Federal disabled access requirements. FIRE LANES 22. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. RESOLUTION NO. 4219 PAGE 8 FIRE FLOW /FIRE HYDRANTS 23. 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 Department and Community Development Department standards. FIRE SPRINKLERS 25. Prior to Occupancy, all buildings must be fully sprinklered per Building Division and Fire Department guidelines. 26. Provide Fire Department approved access and sprinkler- systems per National Fire Protection Association Standards. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 27. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 28. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. 29. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 30. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 31. Sewer hook -up facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 32. Drainage fee, as required by the area drainage plan for the area being developed. 33. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 34. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 35. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 36. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) RESOLUTION NO. 4219 PAGE 9 37. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 38. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 39. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 40. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. RECREATION AND MAINTENANCE SERVICES CONDITIONS SPECIAL CONDITIONS: 41. Extend a 8 inch sewer main at a minimum slope of 0.5% from the intersection of West Branch Street and Vernon Street north along the east side of the subject property to City standards including a manhole at the end of the line rather than a clean -out and provide a Public Utility Easement across the side of Lot 5 and rear of Lots 1 through 4, inclusive. 42. Extend an 8 inch water line and install a fire hydrant on the northwest or southwest corner of Lot 4 on Old Ranch Road, water meters, including fire sprinkler connections for lot 1 -4 and install a backflow prevention device on Lot 5 water service. 43. Underground all existing overhead and all new public utilities in accordance with Section 16.68.050 of the Development Code. 44. Install new concrete sidewalk across the property frontage of Old Ranch Road adjoining Lots 1-4. (Defer curb, gutter and sidewalk on Lot 5 until Public Facility development pursuant to Conditional Use Permit approval.) 45. Remove and replace any damaged sections of curb and gutter or where residential driveways are constructed within the project frontages of Old Ranch Road. 46. Perform detailed drainage calculations verifying a storm water retention basin on Lot 5 has sufficient capacity to handle the increased storm water runoff as necessary. 47. Covenants, Conditions, and Restrictions for Single Family Residential development of Lots 1 through 4 inclusive shall be the same as approved and recorded for Tract No. 1390, Royal Oak Estates. RESOLUTION NO. 4219 PAGE 10 48. Dedicate street tree planting and maintenance easements adjacent to Old Ranch Road right of way. 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. No tree removal or lot grading permits are proposed as part of Tentative Tract Map construction. GENERAL CONDITIONS: 49. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Community Development. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. Clean all streets and sidewalks daily as directed by the City. 50. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 51. Submit four (4) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 52. Submit as -built plans at the completion of the project or improvements as directed by the City Engineer or qualified designee. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 53. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the City Engineer or qualified designee: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 54. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. RESOLUTION NO. 4219 PAGE 11 55. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 56. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Recreation and Maintenance Services Departments. WATER 57. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 58. Each parcel shall have separate water meters at the rear of Lots 1 through 4 and a fire sprinkler engineer shall determine the size of the water meters. SEWER 59. Each parcel shall be provided a separate sewer lateral. 60. The new sewer main shall be a minimum diameter of 8 61. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. PUBLIC UTILITIES 62. Underground improvements shall be installed. 63. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the City Engineer or designee for approval. 64. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the City Engineer or designee for approval. STREETS 65. Obtain approval from the City Engineer or designee prior to excavating in any street recently over -laid or slurry sealed. 66. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy, and all street repairs shall be constructed to City standards. RESOLUTION NO. 4219 PAGE 12 CURB, GUTTER, AND SIDEWALK 67. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 68. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 69. Perform all grading in conformance with the City Grading Ordinance. 70. 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. 71. Submit all retaining wall calculations for review and approval by the City Engineer or designee for walls not constructed per City standards. DRAINAGE 72. All drainage facilities shall be designed to accommodate a 100 -year storm flow and in accordance with the Drainage Master Plan. DEDICATIONS AND EASEMENTS 73. All easements, abandonments, or similar documents to be recorded 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. PERMITS 74. 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, or on Lot 5, c. Stockpiling material in the City right of way, or on Lot 5, d. Storing equipment in the City right of way, or on Lot 5. 75. Obtain a grading permit prior to commencement of any grading operations on site. FEES 76. Pay all required City fees at the time they are due. RESOLUTION NO. 4219 PAGE 13 77. 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. AGREEMENTS 78. 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. 79. 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. IMPROVEMENT SECURITIES 80. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 81. Submit an engineer's estimate of quantities for public improvements for review by the City Engineer or designee. 82. Provide financial security for the following, to be based upon a construction cost estimate approved by the City Engineer or designee: 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 83. 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 RESOLUTION NO. 4219 PAGE 14 liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 84. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the City Engineer or designee with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 85. The Final Map shall be recorded with all pertinent conditions of approval satisfied. 86. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to review by and approval of the Director of Recreation Maintenance Services Department, including street trees on Lots 1 through 4 and subject to subsequent Conditional Use Permit for Lot 5. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 87. All utilities shall be operational. 88. 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 City Engineer or designee. (Lot 5 curb, gutter, sidewalk and utilities are deferred until Public Facility development.) OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4219 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 22 day of September 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25 day of September 2009. °S! I is. k !1[ss%L' KELLY ET r. RE, CITY CLERK