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R 4251 RESOLUTION NO. 4251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DENYING AN APPEAL AND _ UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF VESTING TENTATIVE PARCEL MAP CASE NO. 05 -001 AND MINOR EXCEPTION CASE NO. 05 -006 FOR PROPERTY LOCATED AT 605 EMAN COURT; APPLIED FOR BY DEBLAUW BUILDERS, INC. WHEREAS, the applicant filed Vesting Tentative Parcel Map 05 -001 to subdivide a 1.28 - acre property into three (3) parcels and Minor Exception 05 -006 to allow up to an eight foot (8') tall retaining wall and deviate from lot depth requirements; and WHEREAS, the Planning Commission of the City of Arroyo Grande adopted Resolution No. 09 -2085 approving Vesting Tentative Parcel Map 05 -001 and Minor Exception 05 -006 on July 7, 2009 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, an appeal was filed by Chris Diedricksen on July 17, 2009 of the Planning Commission's decision to approve the project; and WHEREAS, the City Council of the City of Arroyo Grande has considered this appeal at a public hearing held on February 9, 2010 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the City Council has reviewed this project in compliance with the California -- Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Parcel Map Findings: 1. The proposed Vesting Tentative Parcel Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan and the requirements of the Development Code. 2. The design of the Vesting Tentative Parcel Map is not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements is not likely to cause public health problems. 4. The discharge of waste from the project 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. RESOLUTION NO. 4251 PAGE 2 5. Adequate public services and facilities exist or will be provided as a result of the proposed Vesting Tentative Parcel Map to support project development. 6. The site is physically suitable for the type of development that exists in the Single Family zoning district. 7. The design of the Vesting Tentative Parcel 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 Vesting Tentative Parcel Map. Minor Exception Findings: 1. The strict or literal interpretation and endorsement of the specified regulation would result in practical difficulty or unnecessary physical hardship because the sloping property necessitates a taller retaining wall for adequate access, and adequate creekway protection necessitates a narrower lot depth for Lot 2. 2. There are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same District because of the steep topography and proximity to the creek that is unique to the project site. 3. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same -- District. A shorter retaining wall will require a steeper, less congruent driveway than what other residences in the vicinity enjoy, and a greater lot depth for Parcel 2 would compromise protection of the creek. 4. The granting of the Minor Exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same District and will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 5. The granting of a Minor Exception is consistent with the objectives and policies of the General Plan and the intent of the Development Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby denies the appeal and upholds the Planning Commission's decision to approve Vesting Tentative Parcel Map No. 05 -001 and Minor Exception No. 05 -006 with the above findings and subject to the conditions as set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. RESOLUTION NO. 4251 PAGE 3 On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Arnold, Guthrie, Costello, Fellows, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 9 day of February 2010. RESOLUTION NO. 11-01 PAGE 4 a f TONY FE / tAYOR ATTEST: / /, er l l / CA fiatta .t- KELLY W TM E, CITY CLERK APPROVED AS TO CONTENT: ST A MS,iTY MANAGER APPROVED AS TO FORM: TIM HY J. C EL, CITY ATTORNEY RESOLUTION NO. 4251 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP NO. 05-001 AND MINOR EXCEPTION NO. 05-006 605 EMAN COURT DeBlauw Builders, Inc. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: This approval authorizes a three (3) lot residential subdivision on a 1.28 acre parcel and deviation from wall height and lot depth requirements. The property is currently developed with one (1) single - family residence. 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 Parcel Map No. 05 -001 and Minor Exception No. 05 -006. 3. Development shall occur in substantial conformance with the plans presented to the City Council at their meeting of February 9, 2010 and marked Exhibits "B1 — B3". 4. This tentative map approval shall automatically expire on February 9, 2012 unless the final map is recorded, an extension is granted pursuant to Section 16.12.140 of the Development Code, or State legislation provides for automatic extensions of time for tentative maps. 5. Development shall conform to the Single Family Residential (SF) requirements except as otherwise approved. 6. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. SPECIAL CONDITIONS: 7. Prior to issuance of a Building Permit, the existing deck on Parcel 1 shall be removed. 8. 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. RESOLUTION NO. 4251 PAGE 6 9. The final parcel map shall show an irrevocable offer to dedicate the creek channel and 25' creek setback area to the City (see also MM 4.2). 10. The existing palm tree located at the driveway access shall remain. Tree protection shall be installed prior to any grading activities (see also MM 4.3). 11. All new property owners within the subdivision 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. A deed restriction shall be placed on all three parcels indicating this requirement (see also MM 2.1). 12. New structures on Parcels 2 and 3 shall be single -story. BUILDING AND FIRE DEPARTMENT GENERAL CONDITIONS: 13. 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. 14. Project shall have a fire flow of 1,000 gallons per minute for duration of 2 hours. 15. Residential units on Parcels 2 and 3 shall be fully fire sprinklered per Building and Fire Department guidelines. 16. Prior to issuance of 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. 17. Prior to issuance of Building Permit for a new house on parcel 2, a demolition permit must be applied for, approved, and issued, for the removal of the existing deck. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT: 18. Water mitigation fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. 19. Water distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6 -7.22. 20. Water service charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6 -7.22. 21. Water supply charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6 -7.22. 22. Traffic impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 461 C.S., Resolution — 3021. RESOLUTION NO. 4251 PAGE 7 23. Traffic signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ordinance 346 C.S., Resolution 1955. 24. Sewer permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6- 6.405. 25. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. 26. Building permit fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. 27. All future construction on any of the three parcels must comply with City, State, and Federal flood management requirements. RECREATION AND MAINTENANCE SERVICES DEPARTMENT 28. Prior to issuance of Grading Permit, the applicant shall submit a Tree Removal and Protection Plan (see also MM 4.2). PUBLIC WORKS DIVISION All Public Works Division conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. FEES 29. Fees will be charged based on the fee amounts in place at the time when they are due (for your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 30. 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 the Newsom Springs Regional Drainage improvements. RESOLUTION NO. 4251 PAGE 8 PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. SPECIAL CONDITIONS: 31. The applicant shall replace the existing sanitary sewer main from the manhole in Eman Court to the manhole on the south side of the project site with an 8" PVC -- sewer main in accordance with the City wastewater master plan. RESOLUTION NO. 4251 PAGE 9 32. The applicant shall provide a 20' wide paved access to all sanitary sewer manholes. 33. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: a. Sewer easements where shown on the tentative map. The easements shall be a minimum of 20 feet wide. 34. Impact fees shall be paid prior to issuance of building permit for the following capital improvement project outlined in the City Wastewater Master Plan: a. Woodland Drive Sewer Upgrade. 35. Prior to issuance of a Certificate of Occupancy, the applicant shall overlay the bulb of the cul -de -sac in areas of disrepair to the satisfaction of the Community Development Director. 36. The applicant shall replace the existing drop inlet in the project frontage with a new City standard drop inlet with fossil filter insert. 37. The applicant shall perform one of the following to the 18" concrete metal pipe (CMP) drainage line from the drop inlet at Eman Court to the manhole junction with the 21" asphalt concrete pipe (ACP): • Slip line the pipe; OR, • Remove and replace with 18" HDPE. 38. The on -site storm drainage line will connect to the existing line with a City standard manhole. 39. The applicant shall install an inline storm water filtration system at the connection to the City system. 40. The applicant shall relocate proposed water services within the project frontage. 41. The applicant shall relocate the fire hydrant just south of the project driveway, not as shown. 42. The applicant shall submit CC &Rs for the maintenance of all common facilities, subject to review and approval of the City Attorney and Community Development Director. 43. The applicant shall remove the existing manhole at the center of Eman Court and relocate to the west as necessary to provide a minimum five (5) feet clearance between the sanitary sewer and the storm drain drop inlet. 44. The applicant shall revise the sanitary sewer alignment to keep the main in the center of the driveway. 45. The applicant shall abandon the sections of sanitary sewer main by either: RESOLUTION NO. 4251 PAGE 10 > Removal; OR > Fill with 1 sack slurry. 46. The applicant shall install the fire hydrant at the end of the water main. 47. The applicant shall eliminate the proposed blow off. 48. The applicant shall omit the abandonment of the storm drainage and PUE easement. GENERAL CONDITIONS: 49. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Community Development Director. 50. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS: 51. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 52. Submit three (3) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 53. Submit as -built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 54. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Division: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Any other improvements as required by the Community Development Director. 55. 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. RESOLUTION NO. 4251 PAGE 11 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. 56. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 57. 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. In addition, The Community Development Director shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER: 58. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 59. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 60. Lots using fire sprinklers shall have individual service connections. A fire sprinkler engineer shall determine the size of the water meters. 61. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high -flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Community Development Director 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. SEWER: 62. Each parcel shall be provided a separate sewer lateral. 63. All new sewer mains must be a minimum diameter of 8 ". 64. All sewer laterals within the public right of way must have a min. slope of 2 %. 65. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 66. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Community Development Director. 67. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. RESOLUTION NO. 4251 PAGE 12 PUBLIC UTILITIES: 68. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 69. Underground all existing overhead public utilities on -site and in the street in accordance with Section 16.68.050 of the Development Code. 70. Underground improvements shall be installed prior to street paving. 71. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Community Development Director for approval. 72. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Community Development Director for approval. 73. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS: 74. Obtain approval from the Community Development Director prior to excavating in any street recently over -laid or slurry sealed. The Community Development Director shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 75. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 76. All street repairs shall be constructed to City standards. 77. 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 11 AB. CURB, GUTTER, AND SIDEWALK: 78. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 79. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING: 80. Perform all grading in conformance with the City Grading Ordinance. 81. 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. _ RESOLUTION NO. 4251 PAGE 13 82. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. DRAINAGE: 83. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 84. All drainage facilities shall be in accordance with the Drainage Master Plan. 85. The project is in Drainage Zone "B" and may discharge storm water runoff to City facilities. DEDICATIONS AND EASEMENTS: 86. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 87. 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. 88. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 89. A Public Utility Easement (PUE) 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. 90. Private easements shall be reserved on the map over the proposed common driveway for the following: a. Drainage. b. Private utility services. c. Access. PERMITS: 91. 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. 92. Obtain a grading permit prior to commencement of any grading operations on site. AGREEMENTS: RESOLUTION NO. 4251 PAGE 14 93. 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. 94. Subdivision Agreement. The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. IMPROVEMENT SECURITIES: 95. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 96. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 97. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements. b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements. c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Community Development Director a letter assuring that all monumentation has been set. OTHER DOCUMENTATION: 98. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 99. Preliminary Title Report: A current preliminary title report shall be submitted to the Community Development Director prior to checking the map. 100. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Community Development Director with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT: 101. The Final Map shall be recorded with all conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 102. All utilities shall be operational. 103. All essential project improvements shall be constructed prior to occupancy. Non- RESOLUTION NO. 4251 PAGE 15 essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Community Development Director. 104. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. MITIGATION MEASURES 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. Mitigation Measures: MM 2.1: All new property owners 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. A deed restriction shall be placed on all three parcels indicating this requirement. Responsible Party: Developer; Real Estate Agent Monitoring Agency: City of Arroyo Grande — Community Development Dept. (CDD) Timing: Prior to close of escrow MM 2.2: The applicant shall submit a final landscape plan for the agricultural buffer, prepared by an environmental specialist or professional biologist familiar with agricultural buffers, to be reviewed and approved by the City's Arborist and the Architectural Review Committee (ARC) to ensure that the plant selection provides effective and appropriate screening with fast growing evergreen trees and shrubs compatible with existing native vegetation. Per the Evaluation and Recommendation for Agricultural Buffer for the project prepared by Firma dated February 2006, a row of trees shall be planted in the area along the driveway, roughly where several trees are proposed to be removed to build the driveway, as an enhancement to the agricultural buffer. The trees shall be shown as broad -leaf evergreen or conifers on the final landscape plan. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; Recreation and Maintenance Services Dept. (R &MS) 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 (PKo) as contained in section 6.5 of the Air Quality Handbook. All site grading plans shall list the following regulations: RESOLUTION NO. 4251 PAGE 16 MM 3.1: Greenhouse Gas (GHG) Emissions. Statewide thresholds have not yet been defined for GHG impacts; however, SLO County APCD recommends the implementation of feasible mitigation measures that minimize project related GHG impacts. Examples of potential measures for this development include: • Utilize low carbon fuel during construction. • Utilize local materials for construction to cut down on transportation emissions. • Reduce hauling activities to the extent possible by reusing materials on site. • Balance cut and fill on site to reduce the need to haul materials offsite. • Replace support equipment and vehicles that have internal combustion engines with their electric equivalents. • Implement trip reduction programs for workers to reduce vehicle trips, thereby reducing greenhouse gases and other criteria pollutants. M 3.2: Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Dust complaints could result in a violation of the APCD's 402 "Nuisance" Rule. Any project with a grading area greater than 4.0 acres exceeds the APCD's PKo quarterly threshold. This project is near potentially sensitive receptors and shall be conditioned to comply with all applicable APCD regulations pertaining to the control of fugitive dust (PM,o) as contained in Section 6.5 of the Air Quality Handbook. All PM10 mitigation measures required shall be shown on grading and building plans. The contractor or builder shall also designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. 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. Al! site grading and demolition plans shall list the following regulations: 1. Reduce the amount of the disturbed area where possible. 2. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency is required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. 3. All dirt stock pile areas shall be sprayed daily as needed. 4. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as — possible following completion of any soil disturbing activities. RESOLUTION NO. 4251 PAGE 17 5. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation is established. 6. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. 7. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. 8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. 11. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall use reclaimed water where feasible. MM 3.10: Portable equipment, 50 horsepower (hp) or greater, used during construction activities require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. To minimize potential delays, the applicant/builder should contact the APCD Engineering Division at 781 -5912 for specific information regarding permitting requirements. MM 3.11: Idling restrictions near sensitive receptors for both on and off -road equipment. 1. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors. 2. Diesel idling within 1,000 feet of sensitive receptors is not permitted. 3. Use of alternative fueled equipment is recommended whenever possible. 4. Signs that specify the no idling requirements shall be posted and enforced at the construction site. MM 3.12: Idling restrictions for on -road vehicles. Section 2485 of Title 13, the California Code or Regulations limits idling time for diesel - fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds and licensed for operation on highways. This RESOLUTION NO. 4251 PAGE 18 regulation applies to California and non - California based vehicles. In general, the regulation specifies that drivers of said vehicles: _ 1. Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and 2. Shall not operate a diesel - fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d) of the regulation. Signs shall be posted in the designated queuing areas and job sites to remind drivers of the 5 minute idling limit. The specific requirements and exceptions in the regulation can be reviewed at the following web site: www.arb.ca.qov/rnsproq/truck-idlinq/2485.pdf MM 3.13: Idling restrictions for off-road equipment. Off -road diesel equipment shall comply with the 5 minute idling restriction identified in Section 2449(d)(3) of the California Air Resources Board's In -Use Off -Road Diesel regulation: www.arb.ca.gov /reqact /2007 /ordies107 /frooal.pdf. Signs shall be posted in the designated queuing areas and job sites to remind off-road equipment operators of the 5 minute idling limit. MM 3.14: The project site is located in a candidate area for Naturally Occurring Asbestos (NOA), which has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarring, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if 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 ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Please refer to the APCD web page at http: //www.slocleanair.orq /business /asbestos.asp for more information or contact the APCD Enforcement Division at 781 -5912. Operational Phase Emissions MM 3.15: Provide shade tree planting along southern exposures of buildings to reduce summer cooling needs. MM 3.16: Orient homes to maximize natural heating and cooling. MM 3.17: Provide outdoor electrical outlets on homes to encourage the use of RESOLUTION NO. 4251 PAGE 19 electric appliances and tools. MM 3.18: Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. These devices include: • All EPA - Certified Phase II wood burning devices. • Catalytic wood burning devices that emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally- recognized testing lab. • Pellet- fueled wood heaters. • Dedicated gas -fired fireplaces. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; APCD Timeframe: Prior to issuance of Building Permit and during construction MM 4.1: The following measures shall be implemented to reduce potential impacts to California red - legged frogs (CRLF) and other listed species that might occur within the riparian area of the subject project site: 1. Prior to construction activities, surveys shall be performed within the subject property to determine presence /absence of Pismo clarkia. If this species is found on -site, the U.S. Fish and Wildlife Service (FWS) shall be contacted and avoidance measures implemented. 2. Prior to construction activities, presence /absence surveys shall be performed for marsh sandwort, Gambel's watercress, and Bell's vireo. If this species is found on -site, FWS shall be contacted and avoidance measures implemented. 3. If biological surveys show evidence of existing threatened or endangered species on site, all construction activities related to the proposed project shall be monitored by a qualified biologist for the duration of the project. The biological monitor shall conduct a biological resources education program for workers prior to the initiation of any clearing or construction activities. The construction crew foreman should be responsible for ensuring that crew members comply with the guidelines and that all new personnel receive the training before partaking in construction activities. The work area boundaries and other off -limit areas shall be identified by the onsite biologist. Any vegetation clearing activities shall be monitored by the onsite biologist. 4. Forty -eight (48) hours prior to initiation of construction activities and equipment access, a qualified biologist shall conduct surveys for CRLF at the project site in accordance with the FWS's revised survey guidelines (Service 2005b). If any life stage of the CRLF is found during these surveys, FWS shall be contacted immediately and all construction activities RESOLUTION NO. 4251 PAGE 20 that could result in take shall be postponed until the FWS is consulted and appropriate actions to avoid take are developed and implemented onsite. 5. If biological surveys show evidence of CRLF on the project site, then a biological monitor shall inspect the project site before work begins each day, including under parked equipment, for CRLF. If CRLF is found onsite during the daily inspections or during construction activities, all project activities that could result in take shall cease until FWS is consulted and appropriate actions to avoid take are developed and implemented onsite. 6. The limits of the project work area at the creek protection setback area shall be marked with high visibility orange fencing to ensure minimization of habitat disturbance within the riparian area. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; FWS Timeframe: Prior to Grading Permit and during construction MM 4.2: The Final Parcel Map shall show an irrevocable offer to dedicate the creek channel and the 25' creek setback area to the City. All construction documents shall indicate that no development or earth moving activities shall occur within 25' creek setback area. The creek setback area shall be delineated with construction fencing. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to Grading Permit MM 4.3: A Tree Protection Plan shall be prepared by a certified arborist for all potentially impacted trees to remain on the project site, including the palm tree located at the driveway access. Any native trees intentionally or unintentionally killed or removed that are greater than or equal to four (4) 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 appropriate native tree species as approved by the City's arborist. All trees to be • removed or retained shall be marked with differentiating colored ribbon or paint. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Recreation and Maintenance Services Dept. (R &MS) Timeframe: Tree Protection Plan submitted prior to Grading Permit. Monitoring to be conducted during grading and construction activities. MM 4.4: To reduce erosion hazards due to construction activities, grading shall be minimized, and project applicants shall use runoff and sediment control structures, and /or establish a permanent plant cover on bare soil following RESOLUTION NO. 4251 PAGE 21 construction. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to Grading Permit MM 4.5: Work shall be completed during the dry season (April 15 to October 15) to reduce active construction erosion to the extent feasible. If construction must extend into the wet weather season, a qualified hydrogeologist or civil engineer, and restoration biologist shall prepare a drainage and erosion control plan that addresses construction measures to prevent sedimentation and erosion of Arroyo Grande Creek. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to Grading Permit and during construction MM 4.6: No fueling or maintenance of equipment shall take place within 50' of the top of creek bank. Mechanical equipment shall be serviced in designated staging areas located outside of the creek riparian area. Water from equipment washing or concrete wash down shall be prevented from entering the creek. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: During construction MM 4.7: All temporary fill placed during project construction shall be removed at project completion and the area restored to approximate pre - project contours and topography. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to issuance of a Certificate of Occupancy MM 4.8: No construction debris or materials shall be allowed to enter the creek bed, either directly or indirectly. Stockpiles should be kept far enough from the banks of the active channel and protected to prevent material from entering the creek bed. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: During construction MM 4.9: Equipment staging areas and vehicle parking and movement shall be restricted to designated construction zones. Flagging shall also be used to keep equipment, vehicles, and personnel from restricted areas (i.e. within the 25' wide RESOLUTION NO. 4251 PAGE 22 creek setback area). During normal City building inspections, the inspector shall ensure that the 25' creek setback area is delineated and all construction activity is outside of the setback area. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: During construction MM 4.10: To reduce the potential attraction of CRLF predators, all food - related trash materials (e.g., leftovers, wrappers, and containers) shall be removed from the construction site each day, and the site constantly maintained as litter -free. Project personnel shall be instructed not to bring pets on -site, which may also prey upon CRLF. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: During construction MM 4.11: Strict adherence to erosion control measures, and control of project run -off, is critical to maintaining CRLF habitat. Riparian mitigation, geology and soils mitigation and hydrology mitigation shall be implemented. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: During construction MM 4.12: No removal of riparian or upland trees that provide shade to Arroyo Grande Creek shall occur. Management shall include planting of native riparian species (i.e., willow, big -leaf maple, cottonwood, etc.) along the creek to provide shade and therefore aid in cooling of the creek. These species shall be shown on the final landscape plan for the Agricultural buffer. The on -site riparian habitat shall be enhanced to result in a net benefit to Arroyo Grande Creek. The final landscape plan shall be prepared by a professional biologist and submitted prior to issuance of building permit. The final landscape plan shall be reviewed by other responsible agencies and stakeholders, including California Department of Fish and Game (CDF &G), Central Coast Salmon Enhancement, the Resource Conservation District, and Land conservancy of SLO County. Plant selection for the Agricultural buffer and riparian enhancement shall be coordinated. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to issuance of Building Permit and during construction MM 5.1. A qualified archaeologist shall complete the data recovery as part of the Phase III Archaeological Mitigation Review prepared for the project site by Thor Conway, dated January 17, 2006 in consultation with the Northern Chumash RESOLUTION NO. 4251 PAGE 23 Tribal Council (NCTC). Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to issuance of grading permit. MM 5.2: A qualified archaeologist shall be retained to monitor all grading and construction activities that affect the soil. 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 allowed to quickly record, collect, and analyze any significant resources encountered. It is preferred that location data of finds be recorded using a hand -held global positioning system (GPS) receiver. The client and the City shall be notified should resources meeting CEQA significance standards be discovered. The archaeologist shall work as quickly as possible to permit resumption of construction activities. Following the field analysis work, the qualified archaeologist shall prepare a 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. 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: During grading and construction activities; prior to issuance of a Certificate of Occupancy 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: RESOLUTION NO. 4251 PAGE 24 • 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 — CDD Timeframe: Prior to 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. • 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 CDD Timeframe: Prior to 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 Division. The plan shall be prepared by a civil engineer to address both temporary and Tong -term sedimentation and erosion impacts. The erosion control plan shall be subject to review and approval and monitoring during construction by an on -site 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; RESOLUTION NO. 4251 PAGE 25 • 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; • Estimate of the cost of implementing and maintaining all erosion and sediment control measures; • Revegetate graded slopes with appropriate native plant species (as specified by a qualified botanist or revegetation specialist) immediately upon completion of grading or prior to extended inactivity in any exposed area; • 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 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; Consulting biologist and hydrogeologist Timeframe: Prior to Grading Permit MM 6.4: All drop inlets shall have fossil filter inserts to clean storm water runoff prior to entering the creek. The filter system shall include a maintenance program. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to issuance of Building Permit RESOLUTION NO. 4251 PAGE 26 MM 6.5: All recommendations outlined in the soils engineering report dated October 20, 2005 shall be confirmed on the grading and building plans and followed. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande – CDD Timeframe: Prior to Grading Permit and during grading and construction activities MM 8.1: Construction activities shall be restricted to the hours of 7:OOAM to 5:00 PM Monday - Saturday. There shall be no construction activities on Sundays. 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 dwellings 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 Timeframe: During construction MM 9.1: The applicant shall pay an affordable housing in -lieu fee for any fraction of a unit. Fifteen (15 %) of new units constructed equals 0.3 of a unit. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande – CDD Timeframe: Prior to issuance of a Building Permit MM 10.1: The applicant shall pay the mandated Lucia Mar Unified School District (LMUSD) impact fee. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande – CDD; LMUSD Timeframe: Prior to issuance of Building Permit MM 11.1: The developer shall pay all applicable City park development and impact fees. RESOLUTION NO. 4251 PAGE 27 Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; R &MS 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 — CDD Timeframe: Prior to issuance of Building Permit MM 13.1: Similar to condition of approval no. 29, the applicant shall replace the existing sanitary sewer main from the manhole in Eman Court to the manhole on the south side of the project with an 8" PVC sewer main in accordance with the City's Wastewater Master Plan. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to recording the final map MM 13.2: The new residences shall hook up to the City's sanitary sewer system and shall be provided with individual sewer laterals. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to issuance of Building Permit MM 13.3: The developer shall pay the City's sewer hookup and SSLOCSD impact fees. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to issuance of Building Permit MM 14.1: To reduce erosion hazards due to construction activities, grading shall be minimized, and project applicants shall use runoff and sediment control structures, and /or establish a permanent plant cover on side slopes or land cleared of vegetation following construction. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timeframe: Prior to 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 RESOLUTION NO. 4251 PAGE 28 Monitoring Agency: City of Arroyo Grande – CDD 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 – CDD 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. 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OF'S [ • 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. 4251 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 9th day of February 2010. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 day of February 2010. it! l a J KELLY E ORE, CITY CLERK