R 4225 RESOLUTION NO. 4225
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING VESTING TENTATIVE TRACT MAP NO. 2653 FOR
PROPERTY LOCATED BETWEEN EAST CHERRY AVENUE AND
MYRTLE STREET, APPLIED FOR BY CLIFF BRANCH
WHEREAS, the City Council approved Vesting Tentative Tract Map No. 2653 and
Planned Unit Development No. 04 -002 on November 28, 2006 to subdivide a nine (9)
acre property into twenty eight (28) single family residential lots, four (4) open space
lots and one (1) drainage lot (lot #29); and
WHEREAS, the City Council adopted Resolution No. 4187 on May 26, 2009 approving
a one -year time extension and amendments to the project description and conditions of
approval; and
WHEREAS, the City Council has determined that the revised project and conditions of
approval are in substantial compliance with the originally approved project and conditions;
and
WHEREAS, the City Council held a duly noticed public hearing on this application in
accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing, staff report, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
1. Based on the information contained in the staff report and accompanying
materials, the proposed Vesting Tentative Tract Map and Planned Unit
Development "the proposed project is consistent with the goals, objectives,
policies, plans, programs, intent, and requirements of the General Plan.
2. The proposed project will not adversely affect the public health, safety, and welfare
or result in an illogical land use pattern because all street, drainage, water, sewer,
agricultural buffer, and conservation /open space considerations will be
coordinated.
3. The proposed project is consistent with the purpose and intent of the Development
Code because the Zoning Map has been brought into consistency with the
General Plan designation for the subject property.
4. The potential environmental impacts of the proposed project are insignificant or
can be mitigated to a less than significant level.
RESOLUTION NO. 4225
PAGE 2
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 text and requirements of the Development Code because the tentative map
would allow the project area to be developed at a density and with uses that are
consistent with the City's General Plan Land Use Element and Single Family (SF)
zoning designation.
2. The site, as shown on the tentative tract map, is physically suitable for the type of
development and density proposed because all necessary easements, access,
parking, open space, and setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat, with implementation of mitigation measures contained in the Mitigated
Negative Declaration.
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems because adequate sewer, water, and drainage facilities are
provided.
5. 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. The property
has access to public roads.
6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development. The tentative tract
map is located adjacent to all necessary public facilities and will not negatively
affect the adequacy of those facilities.
Planned Unit Development Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan. The proposed development of twenty -eight
(28) units is allowed in the SF -MD land use category.
2. The project site is adequate in size and shape to accommodate said use and all
yards, open spaces, setbacks, walls and fences, parking areas, landscaping,
agricultural buffer and other features required by the Development Code. The
RESOLUTION NO. 4225
PAGE 3
proposed development provides an adequate amount of open space based on the
proposed density. The development has been designed so that each unit has an
average of approximately 4,000 square feet of private open space and over two (2)
acres will be dedicated as common open space.
3. 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.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare. The proposed development is adjacent or in close proximity to
all necessary public services. The proposed development will not cause a
reduction in these services or other properties in the vicinity so as to be a detriment
to public health, safety or welfare.
5. 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 single family residential use in the surrounding area. The
proposed one hundred and ten foot (110') to one and thirty foot (130') wide
agricultural buffer, which contains a sixty- to eighty -foot (60' -80') wide landscape
strip, fencing along the agricultural property, six to eight -foot (6' -8') tall landscaped
berm and four -foot (4') tall fence adjacent to the new residential development will
adequately separate conflicting agricultural and residential uses.
6. The improvements required, and the manner of development, adequately address
all natural and man -made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
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. The proposed development
provides a more efficient use of the land than could be achieved through the
strict application of the SF zoning district by allowing the property to be
subdivided in a manner consistent with and reflective of allowed density, while
providing an adequate amount of open space and all necessary parking.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
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PAGE 4
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves amendments to Vesting Tentative Tract Map No. 2653 and
Planned Unit Development No. 04 -002, with the above findings and subject to the
conditions as set forth in Exhibit "A attached hereto and incorporated herein by this
reference.
On motion by Council Member Guthrie, seconded by Council Member Arnold, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Arnold, Fellows, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 13 day of October 2009.
RESOLUTION NO. y125
PAGE 5
TONY M. `J r RA, MAYOR
ATTEST:
KELLY V1 TM RE, CITY CLERK
APPROVED AS TO CONTENT:
STEVE D. AD S, CITY MANAGER
APPROVED AS TO FORM:
TI THY J. AR L, CITY ATTORNEY
RESOLUTION NO. 4225
PAGE 6
EXHIBIT A
REVISED CONDITIONS OF APPROVAL for:
VESTING TENTATIVE TRACT MAP NO. 2653 and
PLANNED UNIT DEVELOPMENT NO. 04 -002
For property located between East Cherry Avenue and Myrtle Street
Applicant Cliff Branch
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes a twenty -eight (28) lot residential subdivision in a Planned Unit
Development configuration with four (4) open space parcels and one (1) drainage lot
(Lot #29) on the nine (9) acre Subarea 1 property.
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 -002 and Planned Unit Development 04 -002.
3. The tentative map and PUD approval shall automatically expire on November 28,
2011 unless the tentative map is extended by the State of California by operation
of law and /or the applicant applies for one (1) additional one -year time extension,
pursuant to Development Code Section 16.12.140. It is expressly agreed that
applicant may apply for the additional one (1) year extension during any time
period that the vesting tentative tract map 2653 is valid and in full force and effect,
including any in which the State of California by operation of law has extended
tentative tract maps. In the event that the State of California extends the time
and /or the applicant applies for a one (1) year time extension, the City shall not
require any further modifications to the Vesting Tentative Tract Map, Conditions of
Approval, or Mitigation Measures, unless required by State or Federal Law or to
protect the health, safety and welfare of the residents of the City, and the City
further agrees not to unreasonably withhold consent for the one -year time
extension.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of October 13, 2009 except as modified by these
conditions 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
RESOLUTION NO. 4225
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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.
SPECIAL CONDITIONS
6. The project shall comply with the provisions of the Agricultural Preservation
Overlay District (AG -2.2). No new residential structures shall be allowed within the
Agricultural Buffer area unless approved through the Conditional Use Permit
process.
7. Prior to issuing a grading or building permit, the Environmental Impact Report
(EIR) for the Newsom Springs Comprehensive Drainage Master Plan must be
certified and the final project Drainage Plan shall require approval by the Director
of Public Works to ensure consistency with the findings of the EIR.
8. The fence and /or wall located within the agricultural buffer adjacent to the
residential property shall not be located over the bioswale.
9. Prior to issuance of a certificate of occupancy, the applicant shall pay an
affordable housing in -lieu fee equivalent to one percent (1 of the value of the
new construction of each unit within the development as computed for building
permit purposes, which has been calculated to be $56,000.
10. A. Prior to the issuance of any grading permit and prior to the sale of either of the
Stillwell parcels (APN 007 565 -004, 007 522 -008) the applicant shall deed and
transfer to the City an exclusive forty foot (40') wide drainage easement covering
approximately one acre of land consistent with the Newsom Springs Regional
Drainage Plan, as shown on Exhibit A -1. The drainage easement shall include
any and all right title and interest in those certain "outfall drainage improvements
already completed by the applicant. In no event shall the drainage easement be
deeded to the City later than June 30, 2011, except if the deadlines set forth in
Revised Condition of Approval No. 3 above are extended, which shall both have
the impact of extending all deadlines in the Revised Conditions of Approval and in
the easement agreement affecting real property referenced in paragraph D of this
condition.
B. The applicant shall obtain approval of the drainage plans from the City for all of
the onsite and offsite drainage improvements, pursuant to the tract improvement
plans and the Newsom Springs Regional Drainage Plan, prior to June 30, 2011.
Drainage lot #29 shall be deeded to the City upon completion and acceptance of
improvements.
C. The applicant shall complete all the improvements pursuant to the tract
improvement plans and the Newsom Springs Regional Drainage Plan prior to
November 28, 2012.
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D. The applicant shall enter into an agreement affecting real property as prepared
by the City Attorney to implement this condition.
11. Design of all units shall be consistent with the Cherry Creek Design Guidelines.
12. The pedestrian path adjacent to the Agricultural buffer shall be made of concrete
and not decomposed granite.
13. The CC &Rs shall require uniformity in all backyard fencing and shall restrict any
construction or obstructions in the City's drainage easement throughout the swale.
14. The internal road name shall be changed from "Surefire Drive" to "Stilwell Drive
15. The Design Guidelines shall go back to the Architectural Review Committee for
final review prior to issuance of a grading or building permit.
16. The extension of East Cherry Avenue shall include the alignment incorporating
"Dirt Cherry" as indicated on the tentative map.
17. The following permits are required from various responsible agencies:
a. Biological Opinion and Take Permit; US Fish and Wildlife Service; prior to
issuance of Grading Permit
b. Storm Water Pollution Prevention Plan (SWPPP); Regional Water Quality
Control Board; prior to issuance of Grading Permit
c. Section 404 permit (potential refer to Due Diligence Report of the East
Village Neighborhood Plan Appendix); Army Corps of Engineers; prior to
issuance of Grading Permit
d. Streambed Alteration Agreement (potential refer to Due Diligence Report
of the East Village Neighborhood Plan Appendix); California Department of
Fish and Game; prior to issuance of Grading Permit.
18. The applicant agrees to offer to donate the Stillwell house at no cost for up to six
months after approval of the amended tentative tract map to a person or
organization willing and able to relocate and preserve it. The project shall be
referred to the Historical Resource Committee (HRC) to assist in relocation and
preservation efforts.
19. The applicant shall be allowed to drill and install an on -site irrigation well for the
sole purpose of irrigating the landscape materials located within the open space
parcels maintained by a homeowners association (HOA), and for construction
related purposes.
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NOISE
20. Similar to MM 8.1, 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
Sundays. Interior finish work is allowed on Saturdays that does not include
hammering, the use of power tools or any other noise generating activities. On-
site equipment maintenance and servicing shall be confined to the same hours.
DEVELOPMENT CODE
21. Development shall conform to the Single Family Residential (SF) zoning
requirements except:
A. As otherwise approved in the revised conditions of approval.
B. Second residential units shall be allowed on any lot except lots 22 25.
22. Minimum separation between buildings on adjacent lots shall not be less than ten
feet, except for attached units.
23. The fence/wall combination along the East Cherry Avenue frontage adjacent to the
residential subdivision shall not exceed eight feet (8') in height. All other fences
and /or walls within the subdivision shall not exceed six feet (6') in height unless
otherwise approved with a Minor Exception or Variance application.
24. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions
25. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
26. The following shall be included in the CC &Rs regarding open space:
a. The dedicated open space parcels shall not be further subdivided in the
future;
b. The use of the open space shall continue in perpetuity for the purpose
specified;
c. Appropriate provisions shall be made for the maintenance of the open
space; and
d. Common undeveloped open space shall not be turned into a
commercial enterprise admitting the general public at a fee.
27. A property homeowners association (HOA) and covenants shall be established to
ensure that common areas are owned and maintained by Planned Unit
Development property owners.
a. The homeowners association must be established before the homes
are sold;
b. Membership must be mandatory for each homebuyer and any
successive buyer;
c. The HOA shall maintain all areas designated as open space (Lots 30,
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PAGE 10
31, 32 and 33). The open space restrictions must be permanent, not
just for a period of years;
d. The association must be responsible for liability insurance, local taxes,
and the maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the
property if allowed in the master deed establishing the homeowners
association; and
f. The association must be able to adjust the assessment to meet
changed needs.
PRIOR TO ISSUANCE OF GRADING PERMIT
28. 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 RECORDING THE FINAL MAP
29. 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 maintenance and repair of common areas within the subdivision. The
CC &Rs shall preclude the public and private property owners from utilizing the 25'
creek setback area for private use, excepting lots #27 and #28, which shall have
the following restrictions:
A. No structure of any kind shall be allowed within the 25' creek setback area.
There shall be no public use of the 25' creek setback area on lots #27 and #28.
B. The applicant shall add wording to the transfer disclosure statement
acceptable to the Community Development Director indicating that:
1. All owners of the property shall minimally use pesticides and
fertilizers due to proximity of the Arroyo Grande Creek and shall use best
management practices to prevent any discharge into the creek; and
2. Only native riparian plant species may be planted and pervious
paving materials installed within the 25' creek setback area.
C. All drainage from lots #27 and #28 shall be directed into the approved tract
drainage system. In no event shall any drainage be directed into the creek.
D. The CC &Rs shall be reviewed and approved by the City Attorney and
recorded with the final map.
RESOLUTION NO. 4225
PAGE 11
30. 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
31. All fencing shall be installed. Exclusionary fencing that includes wood and wire
shall be installed on the south side of E. Cherry Avenue.
32. 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 Subarea 1. The CC &Rs shall be reviewed and
approved by the City Attorney and recorded with the final map.
ARCHITECTURAL REVIEW COMMITTEE (ARC)
33. The ARC shall review the architectural plans for each unit to determine compliance
with the Design Guidelines approved for the project.
34. The ARC shall review the final landscape and fencing plan for a recommendation
to the Community Development Director.
PARKS AND RECREATION DEPARTMENT CONDITIONS
35. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
36. Linear root barriers shall be used at the front of the project to protect sidewalks.
37. All street front trees shall be 24 -inch box and shall be located a minimum of one
(1) tree for every forty feet (40') of street frontage.
38. The CC &Rs shall address trash service in areas with receptacles, period cleaning
and maintenance of any grills, tables, benches, etc. All trees and other
RESOLUTION NO. 4225
PAGE 12
landscaping along East Cherry Avenue within the project area shall be maintained
by the HOA on both sides of the street except on lot #29.
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC /UFC
39. 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.
40. The project shall comply with State and Federal disabled access requirements at
public areas.
SETBACKS
41. The applicant shall show all setback areas for each lot on the tentative tract map
prior to map recordation. Setbacks shall be as indicated on the plans
considered by City Council on May 26, 2009 and marked EX -2, except for Lots 7
and 21 which shall have a ten -foot (10') south side setback adjacent to the
agricultural buffer. Also, the applicant shall show all setback areas for each lot
on an additional page for the final tract map prior to map recordation.
42. The setbacks for the proposed new garage adjacent to the historic Vandeveer
house shall be as follows: 18' street setback, 5' side yard setback and 6'
separation from the existing residence.
FIRE LANES
43. Prior to issuance of a certificate of occupancy, all fire lanes must be posted
and enforced, per Police Department and Fire Department guidelines.
44. On- street parking shall be required to leave a twenty -foot (20') clearance.
FIRE FLOW /FIRE HYDRANTS
45. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration
of 2 hours.
46. Fire hydrants shall be relocated per City standards.
47. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief.
FIRE SPRINKLER
48. With the exception of the historical Vandeveer home, prior to occupancy, all
existing and new buildings must be fully sprinklered per Building and Fire
Department guidelines.
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PAGE 13
ABANDONMENT /NON- CONFORMING
49. 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
50. Prior to issuance of a building permit, County Health Department approval is
required for well abandonment if applicable.
51. Project must comply with Federal and local flood management policies.
52. Prior to issuance of building permit, a demolition permit must be applied for,
approved and issued for buildings to be removed. Development impact fees for
the project shall be reduced based upon the square footage of the buildings
demolished and connection fees for existing structures credited.
53. Any review costs for the project generated by outside consultants over $11,900
shall be paid by the applicant except as outlined in condition no. 55(e).
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.
FEES
54. Fees will be charged based on the fee amounts in effect as of May 26, 2009,
except for school and South County Sanitation District sewer connection fees.
Fees will not be increased for 48 months after the date of recordation of the final
map for Tract #2653 after which fees will be assessed at the prevailing rate at
the time permits are obtained. 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).
55. 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. No permit fees, consultation
fees, legal fees, or inspection fees will be charged by the City for
construction of offsite drainage improvements.
RESOLUTION NO 4225
PAGE 14
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.
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PAGE 15
GENERAL CONDITIONS
56. 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.
57. Perform construction activities during normal business hours (Monday through
Friday, 8 A.M. to 5 P.M.) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director
of Public Works. The City may hold the developer or contractor responsible for
any expenses incurred by the City due to work outside of these hours.
58. Install deep tree root barriers for all trees planted adjacent to water, sewer and
storm drainage lines.
IMPROVEMENT PLANS
59. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
60. Submit four (4) full -size paper copies and one (1) full -size mylar copy of
approved improvement plans for inspection purposes during construction.
61. 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.
62. 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.
g. Profile water, sewer, storm drain and retaining walls.
63. 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.
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e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
64. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
65. Landscape and irrigation plans are required for landscaping within the public
right of way, and shall be approved by the Community Development and Parks
and Recreation Departments. The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
WATER
66. 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.
67. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
68. Each parcel shall have separate water meters. Duplex service lines shall be
used if feasible.
69. 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.
70. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
71. 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 off
site 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.
72. The applicant shall replace the existing 6" water main with an 8" water main from
the project site underneath Myrtle to the 10" main underneath Garden Street as
shown on the water and sewer plans. The applicant may enter into a
reimbursement agreement for this work.
73. The applicant shall install an 8" water main and blow off from Myrtle Street to the
eastern property line. The location and surface material shall be reviewed and
approved by the Director of Public Works.
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SEWER
74. Each parcel shall be provided a separate sewer lateral.
75. All new sewer mains must be a minimum diameter of 8
76. All sewer laterals within the public right of way must have a min. slope of 2
77. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
78. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
79. The applicant shall connect all existing residences within the project to the
sanitary sewer system when tested and approved.
80. The applicant shall sewer the project in the following manner:
a. Replace existing 6" clay sewer pipe with 8" PVC sewer line underneath
Myrtle Street and Garden Street to the intersection of Garden and Allen
Streets and backfill the trenches with native materials to 95% compaction
as verified with independent compaction testing.
b. Replace existing sewer manhole located at the intersection of Noguera
Place and Myrtle Street.
c. Extend 8" PVC sewer line underneath the new Stillwell Dr. and Myrtle St.
d. Install the sewer line to cross through the top of the drainage culvert to
provide a continuous grade. No siphons will be allowed.
e. Provide two 8" sewer stub -outs for Subarea 2 underneath the 20' access
road and East Cherry Avenue extension.
f. The main shall remain sufficiently deep to ensure adequate slope and
depth for future extension.
g. The applicant may enter into a reimbursement agreement for a portion of
the sewer improvements with the City.
81. Install all necessary sewer mains on site.
82. Project shall be subject to the review of the South San Luis Obispo County
Sanitation District.
83. The applicant shall pave over all sewer main easements passing through private
property.
84. All sewer mains shall be straight between manholes except as otherwise
approved by the Community Development Director.
RESOLUTION NO. 4225
PAGE 18
PUBLIC UTILITIES
85. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
86. Underground all existing overhead public utilities on -site and in the adjacent
streets (including East Cherry Ave.), except the existing utility pole located at the
northeast corner of Myrtle Street, to the satisfaction of PG &E.
87. Underground improvements shall be installed prior to street paving.
88. 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.
89. Submit the Final Map to the public utility companies for review and comment.
Utility comments shall be forwarded to the Director of Public Works for approval.
90. Prior to approving any certificate of occupancy, all public utilities shall be
operational excepting the Vandeveer house.
STREETS
91. Consistent with MM 12.2, the developer shall design and install a controlled a-
way stop at the intersection of East Cherry Avenue and Branch Mill Road as
approved by the Director of Public Works.
92. 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.
93. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
94. All street repairs shall be constructed to City standards.
95. 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.
96. Slurry seal, or fog seal of roads dedicated to the City prior to acceptance by the
City may be required as directed by the Director of Public Works.
97. Handicapped ramps shall be installed where the sidewalk terminates on the
northeast corner of the project.
RESOLUTION NO. 4225
PAGE 19
98. The extension of Myrtle Street past the internal road shall adhere to the following
design standards:
24 feet street width from curb to curb.
6 feet wide concrete sidewalk with concrete curb and gutter on the south
side of the street and concrete curb and gutter on the north side of the
street.
32 feet wide right -of -way.
25 mile per hour design speed.
Traffic Index of 6.5.
99. Interior streets shall adhere to the following design standards:
36 feet street width from curb to curb.
6 feet wide concrete sidewalks with concrete curb and gutter on both
sides of the street.
52 feet wide right -of -way.
25 mile per hour design speed.
Traffic Index of 6.5.
100. The extension of East Cherry Avenue shall be designated as a local street and
shall adhere to the following design standards:
24 feet street width from curb to curb.
Concrete curb and gutter on both sides of the street.
52 feet wide right -of -way.
25 mile per hour design speed.
Red curb both sides of the street, or install "no parking' signs.
Traffic Index of 7.0.
101. A. The secondary access road to subarea 2 shall be 20 feet wide and paved a
minimum of sixteen feet (16') wide.
B. Once access is established to the property from East Cherry Avenue, the
applicant shall make every reasonable effort to provide all vehicle access for
construction activity from East Cherry Avenue except for construction of
improvements to Myrtle Street.
CURB, GUTTER, AND SIDEWALK
102. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
103. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
104. The applicant shall install a meandering sidewalk along the north side of the
proposed East Cherry Extension.
105. The applicant shall install sidewalk on both sides of the Myrtle Street Extension
west of Stilwell Drive and then on the south side until the turn in front of the
Vanderveer home or as approved by the Director of Community Development.
RESOLUTION NO. 4225
PAGE 20
106. The applicant shall install a survey benchmark along East Cherry.
107. All driveway approaches shall be designed to maximize parking.
GRADING
108. Perform all grading in conformance with the City Grading Ordinance.
109. 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.
110. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
111. Prior to issuance of a grading permit, the applicant shall destroy all wells, septic
tanks, cesspools, etc. to County Health Department standards. The applicant
shall be responsible for providing all appropriate documentation from the County
Health Department to the Public Works Department prior to acceptance of the
improvements.
DRAINAGE
112. The proposed drainage facilities shall be designed to be compatible with the
Newsom Springs Regional Drainage project. System flowline elevations shall
allow for the extension of storm drains upstream and provide adequate cover for
agricultural operations (generally 4- feet).
113. The main drainage channel design shall include a connection for future Newsom
Springs storm drains. The design of the future connections shall direct the 100
year flow into the system by connection to future storm drain extensions, or
sheet flow, or a combination.
114. The main onsite flow channel shall be designed to have a minimum of twelve
inches (12 of freeboard above the 100 -year water surface elevation. The
channel shall be provided with a permanent erosion geotextile control rated to
meet the anticipated velocities.
115. The applicant shall install box culverts across East Cherry Avenue and Myrtle
Street, and an open channel connecting to Arroyo Grande Creek, as shown on
the tentative map and as required by these conditions, sized to collect and
convey the 100 -year peak flow.
116. The applicant shall construct a 48 -inch offsite storm drain line(s) and
appurtenances from the East Cherry Avenue box culvert, along Branch Mill Road
in the public right of way and through a City drainage easement on Dixon Ranch
to the existing ditch at the stone culvert located near the corner of Branch Mill
RESOLUTION NO. 4225
PAGE 21
Road and at Huebner Lane and construct other off site regional drainage
infrastructure, including a berm above the 48 -inch drain line consistent with the
conceptual drainage plan in Exhibit "B The applicant shall enter into a
reimbursement agreement with the City for this offsite drainage work. The City
shall reimburse the applicant $306,000, plus interest, for this work. The
$306,000 reimbursement to the developer is payable with accrued interest from
the amended tentative map approval date, at 3 until paid. Payment shall be
upon completion and City acceptance of the offsite Newsom Springs Drainage
Improvements. If it is infeasible for the City to obtain the required drainage
easement on Dixson Ranch, an alternative alignment entirely within the City's
Right of Way shall be considered by the Council.
117. All drainage facilities shall be designed to provide protection from potential
flooding of residential properties, and to accommodate a 100 -year storm flow in
combination with Phase II improvement of the Newsome Springs Master
Drainage Plan.
118. All drainage facilities shall be in accordance with the Drainage Master Plan
except as amended by the conditions.
119. The project is in Drainage Zone "B" and will require storm water runoff to be
directed to the creek.
120. The applicant shall provide detailed design plans prepared by a registered Civil
Engineer in the State of California for the design of all proposed drainage
facilities.
121. The applicant shall submit proof of compliance_with all appropriate regulatory
agencies for the outlet of the storm drain line to the creek.
122. The applicant shall remove, not abandon, the two existing 24" pipes underneath
Myrtle.
123. The applicant shall install in -line filtration to remove hydrocarbons, sedimentation
and pollutants from on -site stormwater that does not flow through the bioswale,
prior to discharging to the creek.
124. The grading and drainage plans shall be reviewed by the Coastal San Luis
Obispo Resource Conservation District. The applicant shall reimburse the City
for this review.
DEDICATIONS AND EASEMENTS
125. 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
RESOLUTION NO. 4225
PAGE 22
processing.
126. Abandonment of public streets and public easements shall be listed on the final
map in accordance with Section 66499.20 of the Subdivision Map Act.
127. 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.
128. The applicant shall dedicate the appropriate right of way for the following streets
as shown on the tentative map:
The extension of Myrtle Street.
The extension of East Cherry.
The construction of Stillwell Drive.
129. A Public Utility Easement shall be dedicated a minimum 6 feet wide adjacent to
all street right of ways. The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar facilities.
130. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following:
Drainage easements where shown on the tentative map. The
easements shall be a minimum of 15 feet wide.
Sewer easements where shown on the tentative map. The easements
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.
A 25' wide creek easement from the top of the bank, with Lots #27 and
#28 governed by the CC &Rs.
The I-IOA shall be responsible for maintaining all fencing in connection
with the drainage easements, as shown on the final map.
PERMITS
131. 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.
132. Obtain a grading permit prior to commencing any grading operations on site.
AGREEMENTS
133. 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. The City shall waive the inspection fees on any and all inspections
of the Newsom Springs Regional Drainage improvements.
RESOLUTION NO. 4225
PAGE 23
134. 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.
135. Covenants, Conditions, and Restrictions for maintenance of all privately
maintained items. These shall be subject to the review and approval of the
Director of Public Works and the City Attorney.
136. An Open Space Agreement for review and approval by the Director of Public
Works and City Attorney.
IMPROVEMENT SECURITIES
137. All securities shall be in a form mutually acceptable to the applicant and City, and
shall be provided prior to recording of the final map, for all work not completed as
required on the approved plans. The Improvement Securities shall be such that
they shall not expire until the City accepts the improvements.
138. Submit an engineer's estimate of quantities for public improvements for review by
the Director of Public Works.
139. Provide financial security mutually acceptable to the applicant and the City for the
following:
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 bond 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
140. 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.
141. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
142. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works prior to recording the Map.
RESOLUTION NO. 4225
PAGE 24
PRIOR TO ISSUING A BUILDING PERMIT
143. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
144. All utilities shall be operational.
145. 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.
146. The City shall have accepted all public improvements prior to issuing occupancy
for the final 10% of the lots.
147. The applicant is permitted to submit a phased final map, processed in accordance
with the California Subdivision Map Act and the City's Development Code
requirements.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MM 1.1: The applicant shall submit a lighting plan for development of Phase
1 verifying that all exterior lighting for the development is directed downward and
does not create spill or glare on to adjacent properties and riparian habitat.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD; Police Dept.
Timing: Prior to issuance of Building Permit
MM 1.2: The applicant shall submit final design, exterior colors and
materials for the homes in Phase 1 for ARC review and approval.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD
Timing: Prior to issuance of Building Permit
MM 2.1: The City has adopted a Right -To -Farm Ordinance with provisions for
farmland preservation and protection, and serves to notify residents of farmers'
rights and clarify agricultural activities. As an added measure, all new property
owners within the Neighborhood Plan area must sign a Real Estate Transfer
Disclosure indicating that they acknowledge and agree to the provisions contained
in the City's Right -To -Farm Ordinance. The disclosure shall have a bolded
statement cautioning the purchaser that they are living close to farmland.
RESOLUTION NO. 4225
PAGE 25
Responsible Party: Developer; Real Estate Agent
Monitoring Agency: City of Arroyo Grande CDD
Timing: Prior to close of escrow
MM 2.2: The final landscape plan for the agricultural buffer shall be
prepared by a landscape professional having experience with designing
agricultural buffers and shall be subject to the approval of the Community
Development Director. The plant selection shall provide effective and appropriate
screening with fast growing evergreen trees and shrubs. The vegetative
screening shall be installed prior to issuance of building permit to allow time for
the plants to become established. The CC &Rs shall contain assurances that the
screening is sufficiently maintained. At a minimum, the CC &Rs shall include
provisions for a five -year monitoring plan for the agricultural buffer landscaping.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, PR &F (Parks,
Recreation and Facilities Dept.)
Timing: Prior to issuance of building permit.
Construction Phase Emissions
The project shall comply with all applicable Air Pollution Control District (APCD)
regulations pertaining to the control of fugitive dust (PM10) as contained in section
6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the
following regulations:
MM 3.1: All dust control measures listed below (MM 3.2 3.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site. The name and telephone number of such
person(s) shall be provided to the APCD prior to land use clearance for map
recordation and finished grading of the area.
MM 3.2: During construction, water trucks or sprinkler systems shall be used
to keep all areas of vehicle movement damp enough to prevent airborne dust from
leaving the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Reclaimed (non potable) water shall be used.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation.
MM 3.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CVC Section
23114.
RESOLUTION NO. 4225
PAGE 26
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 3.6: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
MM 3.7: To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's specifications. The measures below (MM 3.8 3.10) shall be
clearly identified in the project bid specifications so the contractors bidding on the
project can include the purchase and installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off -road heavy -duty
diesel engines.
MM 3.10: If utility pipelines are scheduled for removal or relocation, or
building(s) are removed or renovated, this project may be subject to various
regulatory jurisdictions, including the requirements stipulated in the National
Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M asbestos
NESHAP). These requirements include, but are not limited to: 1) notification
requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos
Inspector, and 3) applicable removal and disposal requirements of identified
asbestos containing material.
MM 3.11: Prior to any grading activities at the site, the project proponent shall
ensure that a geologic evaluation is conducted to determine if Naturally Occurring
Asbestos (NOA) is present within the area that will be disturbed. If NOA is not
present, an exemption request must be filed with the APCD. If NOA is found at the
site, the applicant must comply with all requirements outlined in the Asbestos Air
Toxins Control Measure (ATCM) regulated under by the California Air Resources
Board (ARB).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.,
Building and Fire Department
Timing: Prior to issuance of Grading Permit and during
construction
RESOLUTION NO. 4225
PAGE 27
Operational Phase Emissions
MM 3.12: Provide continuous sidewalks separated from the roadway by
landscaping with adequate lighting and crosswalks at intersections.
MM 3.13: Provide shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
MM 3.14: Provide sodium streetlights.
MM 3.15: Orient homes to maximize natural heating and cooling.
MM 3.16: Provide outdoor electrical outlets on homes to encourage the use of
electric appliances and tools.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Public Works
Dept., and Building Fire Dept.
Timeframe: Prior to issuance of Building Permit
MM 4.1: With the exception of Lots 27 and 28, the Final Tract Map shall show
an irrevocable offer to dedicate to the City the creek channel, the twenty-five foot
(25') creek setback area measured from top of bank, and any environmentally
sensitive areas, as determined by a qualified biologist, along the Phase I property
boundary. An open space easement shall also be recorded stipulating that no
development shall occur within 25' creek setback area.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Public Works
Timeframe: Prior to Grading Permit
MM 4.2: A Riparian Habitat Restoration and Native Tree Replacement
Mitigation and Monitoring Plan (Restoration Plan) shall be prepared by a qualified
landscape architect and /or restoration biologist experienced in native habitat
restoration for the dedicated open space 25 -foot creek setback area measured
from top of bank and any environmentally sensitive areas, as determined by a
qualified biologist. The Restoration Plan shall include at a minimum a detailed
planting plan for the 25 -foot setback area and for all disturbed areas from
culvert/outfall construction and Myrtle Street extension. The Restoration Plan shall
also include at a minimum the number and location of other native trees impacted
and location of replacement plantings, specific plant species palette, a non native
species removal plan, success criteria, a five -year monitoring program, contingency
measures to ensure meeting the success criteria, and a wildlife friendly fencing
plan. The Restoration Plan shall also include an erosion control plan and Best
Management Practices (BMPs) for all disturbed areas within the 25 -foot creek
setback and exposed banks. The erosion control seed mix for the riparian setback
RESOLUTION NO. 4225
PAGE 28
area shall be composed exclusively of native species. Recommendations from the
Restoration Plan shall be included in the CC &Rs.
Responsible Party: Developer shall submit the plan to the City
Monitoring Agency: City of Arroyo Grande CDD and PR
CDFG
Timeframe: Restoration Plan shall be submitted and
approved prior to issuance of Grading Permit;
duration of monitoring shall be no less than five
(5) years.
MM 4.3: Landscaping within the bioswale shall be limited to native plant species.
The CC &Rs shall include a provision for continued maintenance of the bioswale
with regard to vegetation, sedimentation, reseeding and water quality monitoring.
Responsible Party: Developer shall submit the landscape plan to
the City. The CC &Rs shall include a
maintenance provision.
Monitoring Agency: City of Arroyo Grande CDD and PR &F
Timeframe: Final landscape plan shall be approved prior to
issuance of Grading Permit. CC &Rs shall be
approved prior to issuance of Building Permit.
MM 4.4: Any native trees intentionally or unintentionally killed or removed that are
greater than or equal to two (2) inches diameter at breast height (DBH) and less
than twelve (12) inches DBH shall be replaced at a 3:1 ratio. Trees removed that
are greater than or equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio.
Replacement trees shall be limited to in -kind replacement of appropriate native tree
species as approved by a qualified landscape architect and /or restoration biologist,
and the City Parks, Facilities and Recreation Department's arborist. All trees to be
removed shall be clearly marked on construction plans and marked in the field with
flagging or paint. All trees to be retained shall be clearly identified on construction
plans and marked in the field for preservation with highly visible construction
fencing at a minimum around the drip line.
Native riparian trees impacted shall be replaced within the 25 -foot riparian setback
area. Native trees impacted outside the riparian zone shall be replaced within the
riparian setback area or incorporated into the development landscaping plan.
Responsible Party: City of Arroyo Grande CDD, PR &F
Monitoring Agency: City of Arroyo Grande CDD, PR &F
Timeframe: During construction
MM 4.5: A qualified biologist shall perform one pre- construction survey for
southwestern pond turtles immediately prior to initiation of site grading and
culver /outfall structure construction. If southwestern pond turtles are observed
RESOLUTION NO. 4225
PAGE 29
within an area to be disturbed they shall be relocated out of harms way to an
appropriate area immediately upstream or downstream of the project area within
Arroyo Grande Creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD
Timeframe: Prior to issuance of Grading Permit
MM 4.6: All tree removal shall be limited to the time period of September 1 to
March 1 which is considered to be outside the typical breeding season for birds. If
it is not feasible to avoid the bird nesting season and trees will be removed
between March 1 and September 1 a pre- construction survey for nesting birds
shall be performed by a qualified biologist. If active birds nests are located during
pre- construction surveys within the project area subject to tree removal or ground
disturbance, the nest site shall be avoided until the adults and young are no longer
reliant on the nest site for survival as determined by a qualified biologist. If
determined necessary by a qualified biologist, a non disturbance buffer zone shall
be established around each nest for the duration of the breeding season until such
time as the adults and young are no longer reliant on the nest site for survival as
determined by the qualified biologist.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD
Timeframe: Prior to issuance of Grading Permit
MM 4.7: The applicant shall provide proof of Clean Water Act regulatory
compliance in the form of a permit from the Corps or written documentation from
the Corps that no permit would be required for diversion of the Newsom Springs
drainage at the stone culvert and placement of the culverts and outfall structure on
the bank of Arroyo Grande Creek. Should a permit be required, the applicant shall
implement all the terms and conditions of the permit to the satisfaction of the City
and the Corps. Corps permits and authorizations require applicants to demonstrate
that the proposed project has been designed and will be implemented in a manner
that avoids and minimizes impacts on aquatic resources. In addition, the Corps
requires compensatory mitigation for unavoidable impacts to achieve the goal of a
no net loss of wetland values and functions. As such, regulatory compliance would
reduce potential impacts on waters of the U.S. to a less- than significant level.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD; Corps
Timeframe: Prior to issuance of Grading Permit
MM 4.8: The applicant shall provide proof of compliance with Section 1600 et.seq.
of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation
from the CDFG that no agreement would be required for diversion of the Newsom
RESOLUTION NO. 4225
PAGE 30
Springs drainage at the stone culvert and placement of the culverts and outfall
structure on the bank of Arroyo Grande Creek. Should an agreement be required,
the applicant shall implement all the terms and conditions of the agreement to the
satisfaction of the City and the CDFG. The CDFG Streambed Alteration Agreement
process encourages applicants to demonstrate that the proposed project has been
designed and will be implemented in a manner that avoids and minimizes impacts
on riparian habitat and the stream zone. In addition, CDFG requires compensatory
mitigation for unavoidable impacts on riparian habitat in the form of habitat
restoration of disturbed areas to the extent feasible. As such, regulatory compliance
would reduce potential impacts on waters of the state to a less- than significant
level.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD; CDFG
Timeframe: Prior to issuance of Grading Permit
MM 4.9: The applicant shall provide proof of compliance with the federal
Endangered Species Act for potential impacts on the CRLF in the form of a take
permit/authorization or written documentation from the U.S. Fish and Wildlife
Service (USFWS) that the proposed project would not result in take of the CRLF or
would otherwise not adversely affect the species. Should a take
permit/authorization be required, or conditions imposed by the USFWS to ensure
that no take would result from the project, the applicant shall implement all the
terms and conditions of the USFWS permit, authorization, or recommendations to
the satisfaction of the City and the USFWS. The USFWS can only provide take
authorization for projects that demonstrate the species affected would be left in as
good as or better condition than before the project was implemented. Additionally,
the USFWS cannot authorize any project that would jeopardize the continued
existence of a listed species. As such, regulatory compliance would reduce
potential impacts on the CRLF to a less- than significant level.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD; USFWS
Timeframe: Prior to issuance of Grading Permit
MM 4.10: The applicant shall provide proof of compliance with the federal
Endangered Species Act for potential impacts on the steelhead in the form of a
take permit/authorization or written documentation from the National Marine
Fisheries Service (NMFS) that the proposed project would not result in take of the
steelhead or would otherwise not adversely affect the species. Should a take
permit/authorization be required, or conditions imposed by NMFS to ensure that no
take would result from the project, the applicant shall implement all the terms and
conditions of the NMFS permit, authorization, or recommendations to the
satisfaction of the City and NMFS. The NMFS can only provide take authorization
for projects that demonstrate the species affected would be left in as good as or
better condition than before the project was implemented. Additionally, the NMFS
RESOLUTION NO. 4225
PAGE 31
cannot authorize any project that would jeopardize the continued existence of a
listed species. As such, regulatory compliance would reduce potential impacts on
the steelhead to a less- than significant level.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD; NOAA Fisheries
Timeframe: Prior to issuance of Grading Permit
MM 5.1: A qualified archaeologist shall be retained to monitor all grading activities.
The monitor shall work closely with construction crews in close proximity to earth
moving equipment in order to investigate and evaluate exposed materials
immediately upon exposure and prior to disturbance. A daily log shall be
maintained by the monitor to record when and where earth moving activities take
place within the project area, as well as the presence /absence of archaeological
materials in the monitored matrix.
In the event that prehistoric cultural materials, or historic cultural materials are
encountered, work in the immediate vicinity of the finds shall be suspended and the
archaeologist shall be allowed to quickly record, collect, and analyze any significant
resources encountered. The client and the City shall be notified should resources
meeting CEQA significance standards are discovered. The archaeologist shall
work as quickly as possible to permit resumption of construction activities. It is
preferred that location data of finds be recorded using a hand -held global
positioning system (GPS) receiver.
In the event that human remains (burials) are found, the County Coroner (781 -4513)
shall be contacted immediately. If the coroner determines that the remains are not
subject to his or her authority and if the coroner recognizes the remains to be those
of a Native American, or has reason to believe that they are those of a Native
American, he or she will contact by telephone within 24 hours the Native American
Heritage Commission.
Following the field analysis work, the qualified archaeologist shall prepare final
monitoring /mitigation report that includes a description of the methods used,
materials recovered, and the results of historic or prehistoric analysis of those
materials. The final archaeological monitoring /mitigation report prepared by the
qualified archaeologist shall be accepted by the Community Development Director
prior to submittal to the repository and issuance of any final occupancy for the
project. A high quality, laser or equivalent copy, shall be provided to the
Community Development Director for retention in the project file.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Public Works
Timeframe: During grading and construction activities; prior
to issuance of a Certificate of Occupancy
RESOLUTION NO. 4225
PAGE 32
MM 5.2: The owner of the property containing the Vandeveer house shall register
the residence in the California Register of Historic Places through the State Office
of Historic Preservation (OHP).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Building Fire
Dept.
Timeframe: Prior to issuance of a Certificate of Occupancy
MM 5.3: Any alteration to the Vandeveer house shall comply with the Secretary's
Rehabilitation Standards and Guidelines (36 CFR part 68).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Building Fire Dept.
Timeframe: Prior to issuance of Building Permit for
alterations to the residence
MM 6.1: A project- specific soils report shall be prepared by a registered
geotechnical or soils engineer as required by the City's Grading Ordinance, and the
recommendations of that report shall be incorporated in the design and
construction of the proposed project. Final improvement plans submitted to the
City shall be accompanied by a letter of certification from the civil engineer that the
plans are in conformance with the soils report, and the certification shall confirm
that the plans include the following:
The project shall be designed to withstand ground shaking
associated with a large magnitude earthquake on nearby active
faults.
All proposed structures shall be designed to conform to the most
recent Uniform Building Code (UBC) Zone 4 guidelines.
The project shall comply with the requirements of the City's
Grading Ordinance.
Site specific specifications regarding clearing, site grading and
preparation, footings, foundations, slabs -on- grade, site drainage,
and pavements or turf block shall be delineated.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
MM 6.2: The soils report shall include the following considerations, at a minimum,
to ensure that the impacts related to soil instability and landslides are reduced to a
less- than significant level:
Utilities should be designed with as much flexibility as practical to
tolerate potential differential movement without becoming
disconnected or broken.
RESOLUTION NO. 4225
PAGE 33
Subgrade or base material shall be replaced or covered with
suitable base material.
Retaining wall design shall be prepared by a qualified structural
engineer based on the recommendations of a qualified civil
engineer and shall comply with the requirements of the City's
Grading Ordinance.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
MM 6.3: Prior to issuance of a Grading Permit for the project, the applicant shall
prepare and submit a grading and erosion control plan in compliance with the City's
Grading Ordinance for review and approval by the Public Works Department, a
qualified biologist and hydrologist. The plan shall be prepared by a civil engineer to
address both temporary and long -term sedimentation and erosion impacts. The
erosion control plan shall be subject to review, approval and monitoring during
construction by an on -site biologist, soils or geotechnical engineer and City staff
and shall include the following, at a minimum:
Install and maintain silt basins and fences or straw bales along
drainage paths during construction to contain on -site soils until
bare slopes are vegetated. Carefully stockpile graded soils away
from drainages;
Restrict grading and earthwork during the rainy season (October 15
through April 15) and stabilize all exposed soils and graded areas
prior to onset of the rainy season through mulching and reseeding.
Permit grading within this period only with installation of adequate
sediment and erosion control measures;
Delineate and describe the practices to retain sediment on the site,
including sediment basins and traps, and a schedule for their
maintenance and upkeep;
Delineate and describe the vegetative practices to be used,
including types of seeds and fertilizer and their application rates,
the type, location and extent of pre- existing and undisturbed
vegetation types, and a schedule for maintenance and upkeep;
Comply with all applicable City of Arroyo Grande ordinances
including landscaping compatibility for erosion control;
Only clear land that will be actively under construction within 6 to
12 months;
Stabilize disturbed areas except where active construction is taking
place. Examples of stabilization techniques include jute netting,
hydro- seeding (using native plant composition in consultation with a
qualified biologist or re- vegetation specialist), etc. and provide
permanent stabilization during finish grade and landscape the site;
Dispose of all construction waste in designated areas, and keep
RESOLUTION NO. 4225
PAGE 34
storm water from flowing on or off these areas; and
Place perimeter controls where runoff enters or leaves the site prior
to clearing, grubbing, and rough grading. Perimeter controls may
include dikes, swales, temporary storm drains, sand bags or hay
bales.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Public Works
Dept.; Consulting biologist and hydrogeologist
Timeframe: Prior to issuance of Grading Permit
MM 6.4: All project stormwater not passed through the bioswale shall be passed
through in line storm water filters prior to discharging to the creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Public Works
Dept.
Timeframe: Prior to issuance of Building Permit
MM 6.5: The San Luis Obispo County Public Works Department shall review the
project improvement plans to determine potential impacts to the County's gauging
station for Arroyo Grande Creek. The project shall comply with all County
ordinances and mitigation set forth by this agency.
Responsible Party: Developer; City of Arroyo Grande Public
Works Dept.
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timeframe: Prior to approval of improvement plans
MM 8.1: Construction activities shall be restricted to the hours of 8:OOAM to 5:00
PM Monday through Friday. There shall be no construction activities on Sundays.
Interior finish work is allowed on Saturdays that does not include hammering, the
use of power tools or any other noise generating activities. On -site equipment
maintenance and servicing shall be confined to the same hours.
MM 8.2: All construction equipment utilizing internal combustion engines shall be
required to have mufflers that are in good condition. Stationary noise sources shall
be located at least 300 feet from occupied dwelling units unless noise reducing
engine housing enclosures or noise screens are provided by the contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas
shall be placed in a central location as far from existing residences as feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, Public Works
Dept.
RESOLUTION NO. 4225
PAGE 35
Timeframe: During construction
MM 9.1: The applicant shall pay an affordable housing in -lieu fee equivalent to one
percent of the value of the new construction for each unit within the development
as computed for building permit purposes.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande CDD, City Attorney
Timeframe: Prior to recordation of the Final Tract Map
MM 10.1: The applicant shall pay the mandated Lucia Mar Unified School District
impact fee.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Building Fire Dept.;
Lucia Mar Unified School District
Timeframe: Prior to issuance of Building Permit
MM 11.1: The developer shall pay all applicable City park development and impact
fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Building Fire Dept.;
PR &F
Timeframe: Prior to issuance of Building Permit
MM 12.1: The developer shall pay the City's Traffic Signalization and
Transportation Facilities Impact fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Building Fire Dept.;
Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 12.2: The developer shall design and install a controlled 3 -way stop at the
intersection of East Cherry Avenue and Branch Mill Road as approved by the
Director of Public Works.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timeframe: Prior to recordation of the Final Tract Map
MM 13.1: Existing and new residences located in Phase I shall hook up to the
City's sanitary sewer system and shall be provided with individual sewer laterals.
RESOLUTION NO. 4225
PAGE 36
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 13.2: The developer shall pay the City's sewer hookup and SSLOCSD impact
fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Building Fire Dept.;
Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 13.3: The Final Tract Map shall show private sewer easements in the fire road
to benefit the existing residences along Lierly Lane for future sewer connection.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timeframe: Prior to recordation of the Final Tract Map
MM 14.1: The applicant shall submit a Notice of Intent to the Regional Water
Quality Control Board (RWQCB) to obtain a State Water Resources Control Board
General Construction Storm Water Permit. This shall include preparation and
submittal to the RWQCB of a City- approved Storm Water Pollution Prevention Plan
(SWPPP) and Erosion Control Plan that specifies the implementation of Best
Management Practices to avoid and minimize water quality impacts as required by
the Regional Water Quality Control Board (RWQCB). At a minimum, the SWPP
and Erosion Control Plan shall include:
Designation of equipment and supply staging and storage areas at
least 200 feet from the outside edge of the Arroyo Grande Creek
25 -foot setback area. All vehicle parking, routine equipment
maintenance, fueling, minor repair, etc., and soil and material
stockpile, shall be done only in the designated staging area.
Major vehicle /equipment maintenance, repair, and equipment
washing shall be performed off site.
A wet and dry spill clean up plan that specifies reporting
requirements and immediate clean up to ensure no residual soil,
surface water or groundwater contamination would remain after
clean up.
Erosion control and bank stabilization measures for installation of
the stormwater outfall culverts on the banks of the creek.
Designating concrete mixer washout areas at least 200 feet from
outside edge of Arroyo Grande Creek 25 -foot setback with the use
of appropriate containment or reuse practices.
A temporary and excess fill stockpile and disposal plan that
ensures that no detrimental affects to receiving waters would result.
RESOLUTION NO. 4225
PAGE 37
Required site preparation and erosion control BMPs for any work
that may need to be completed after October 15.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timing: Prior to issuance of Grading Permit
MM 14.2: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City Water
Conservation Plans.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.3: The project shall install best available technology for low -flow toilets,
showerheads and hot water recirculation systems.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Building Dept.
Timing: Prior to issuance of a Certificate of Occupancy
MM 14.4: The final landscape plan shall show low -water use /drought resistant species
and drip irrigation systems rather than spray irrigation systems.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande PR &F Dept.
Timing: Prior to issuance of Building Permit
MM 14.5: The project plans shall include methods for collecting surface run -off from
the site for use on landscaped areas to reduce water use and minimize run -off to the
extent feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.6: The applicant shall complete measures to neutralize the estimated increase
in water demand created by the project by either
Implement an individual water program consisting of retrofitting existing off
site 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,
The applicant may pay an in lieu fee of $2,200 per new residential unit.
RESOLUTION NO. 4225
PAGE 38
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande Public Works Dept.
Timing: Prior to issuance of Building Permit
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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. 4225 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 13 day of October 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this l9`" day of
October 2009.
KELL E TiORE, CITY CLERK