R 4560RESOLUTION NO. 4560
A RESOLUTION OF THE CITY COUNCIL UPHOLDING
THE APPEAL AND APPROVING VESTING TENTATIVE
TRACT MAP 13-001 (TRACT 3045) AND PLANNED UNIT
DEVELOPMENT 13-001; LOCATED AT 1051 HUASNA
ROAD; APPLIED FOR BY JEFF AND SHELLEY BECK,
WEINHOLD FAMILY TRUST, AND SUZANNE VAN NESS
WHEREAS, the Planning Commission of the City of Arroyo Grande approved Vesting
Tentative Tract Map 13-001 and Planned Unit Development 13-001 on October 15, 2013
in accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, on October 23, 2013, an appeal of the Planning Commission decision was
filed by Janis Scott; and
WHEREAS, on November 26, 2013, at a duly noticed public hearing the City Council
considered the appeal; and
WHEREAS, the City Council of the City of Arroyo Grande finds that the proposed project
is consistent with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA
and has reviewed the draft Mitigated Negative Declaration; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Vesting Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with goals, objectives, policies, plans,
programs, intent and requirements of the Arroyo Grande General Plan, as well as any
applicable specific plan, and the requirements of this title.
The proposed tentative tract map is consistent with goals, objectives, policies,
plans, programs, intent and requirements of the Arroyo Grande General Plan, and
the requirements of this title.
2. The site is physically suitable for the type of development proposed.
The site is physically suitable for single family residential development as a
residential in fill location.
3. The site is physically suitable for the proposed density of development.
The site is physically suitable as designed for the density of development proposed
because the required lot sizes for lots located on slopes are met and the reduced
lots sizes located on the plateau are compatible with the adjacent development
patterns.
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4. The design of the tentative tract map or the proposed improvements are not likely to
cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat.
Per CEQA requirements, a Mitigated Negative Declaration was prepared for the
project that includes mitigation measures that will reduce potential impacts to a less
than significant level.
5. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the subdivision is not likely to cause serious public health problems.
6. The design of the tentative tract map or the type of improvements will not conflict with
easements acquired by the public-at-large for access through, or use of, property within
the proposed tentative tract map or that alternate easements for access or for use will
be provided, and that these alternative easements will be substantially equivalent to
ones previously acquired by the public.
There are no existing public easements on the property.
7. The discharge of waste from the proposed subdivision into an existing community sewer
system will not result in violation of existing requirements as prescribed in Division 7
commencing with Section 13000) of the California Water Code.
The proposed discharge of waste into the existing system is conditioned to meet
requirements.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
Adequate public services and facilities exist or will be provided prior to occupancy
to support project development.
9. For a proposed subdivision that includes, or is adjacent to an agriculture district; the
design of the tentative map or proposed improvements shall provide an adequate buffer,
according to Section 16.12.170(F) and as further determined through environmental
review under CEQA, to minimize potential conflicts between agricultural and non-
agricultural land uses and to protect the public health, safety and welfare.
An agricultural buffer that exceeds the required 100'is provided and includes plant
species from the San Luis Obispo County recommended plant palette for
Agricultural Buffers.
Planned Unit Development Findings:
1. That the proposed development is consistent with the goals, objectives and programs of
the general plan and any applicable specific plan;
The proposed development is consistent with the goals, objectives and programs of
the General Plan.
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2. That the site for the proposed development is adequate in size and shape to
accommodate the use and all yards, open spaces, setbacks, walls and fences, parking
area, loading areas, landscaping, and other features required;
The 4.85 acre site is adequate in size and shape to accommodate 12 residential
dwellings and all yards, open spaces, setbacks, landscaping, and buffers as
required.
3. That the site for the proposed development has adequate access, meaning that the site
design and development plan conditions consider the limitations of existing streets and
highways;
The site access from Huasna Road provides adequate access for the 12 residential
lots. The proposed cul-de-sac is significantly sloped, exceeds 600 feet in length and
does not require a secondary access for emergency use.
4. That adequate public services exist, or will be provided in accordance with the
conditions of development plan approval, to serve the proposed development; and that
the approval of the proposed development will not result in a reduction of such public
services to properties in the vicinity so as to be a detriment to public health, safety or
welfare;
Adequate public services will be provided for the project.
5. That the proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be compatible with
the existing and planned land use character of the surrounding area;
The proposed development is compatible with the existing and planned land use
character of the surrounding area as an infrll residential project, and as conditioned
will not have a substantial adverse effect on surrounding property.
6. That the improvements required, and the manner of development, adequately address
all natural and manmade hazards associated with the proposed development and the
project site, including, but not limited to, flood, seismic, fire and slope hazards;
Due to the number of lots in the subdivision, emergency access for the project in the
event flood and fire is not required. Engineering requirements for construction
address seismic and slope stability standards.
7. The proposed development carries out the intent of the planned unit development
provisions by providing a more efficient use of the land and an excellence of design
greater than that which could be achieved through the application of conventional
development standards;
The planned unit development allows a reduction in lot sizes which allows the area
of the upper plateau to be used more effectively to locate the majority of the lots,
which are also less visible from Huasna Road. Design Guidelines addressing
development character improve the quality of home design and site development,
especially on the prominent front slopes.
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8. The proposed development complies with all applicable performance standards listed in
Section 16.32.050(E).
The proposed development complies with all applicable performance standards as
conditioned.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves the appeal and adopts the mitigated negative declaration and
Vesting Tentative Tract Map 13-001 and Planned Unit Development 13-001 with the
removal of the emergency and pedestrian access easement on Lot 1, subject to the
conditions of approval set forth in Exhibits "A" and "B", attached hereto and incorporated
herein by this reference.
On motion by Mayor Ferrara, seconded by Council Member Brown, and by the following
roll call vote to wit:
AYES:Mayor Ferrara, Council Members Brown, Bameich, Guthrie, and Costello
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 10th day of December 2013.
RESOLUTION NO. 115 0
PAGE 5
TONY' : • RA, MAYOR
ATTEST:
Uc si
KELLY _ M•J'E, CITY CLERK
APPROVED AS TO CONTENT:
STEVE ADA , CITY MANAGER
APPROVED AS TO FORM:
TI OTHY J. ARMEL, CITY ATTORNEY
RESOLUTION NO. 4560
PAGE_6
EXHIBIT `A'
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 13-001 AND
PLANNED UNIT DEVELOPMENT 13-001
1051 HUASNA ROAD
TRACT 3045)
This approval authorizes the development of 12 custom residential lots on a 4.85-acre
project site in the Residential Suburban (RS) zoning district.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 13-001 and Planned Unit Development Case No. 13-001.
3. This application shall automatically expire on December 10, 20. 15 unless a Final
Map is recorded. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of October 15, 2013 and marked Exhibit
B", and as modified to eliminate emergency and pedestrian access easements,
and to provide only a gated utility easement on Lot 1, with associated rights of
ingress and egress for construction, maintenance, and repair.
5. The applicant shall, as a condition of approval of this tentative or final map
application, defend, indemnify and hold harmless the City of Arroyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the City, its past or present agents, officers, or employees to
attack, set aside, void, or annul City's approval of this subdivision, which action is
brought within the time period provided for by law. This condition is subject to
the provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
6. Prior to final of subdivision improvements, the developer shall provide mail
receptacles for the units as required by the Postmaster of the Pismo Beach Post
Office.
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7. All walls (including retaining walls), fences, or combination thereof, within the front
setback area, shall be decorative and no more than 3 feet in height. Unless
specifically approved through the appropriate procedure, no other wall (including
retaining walls), fence, or combination thereof shall exceed six feet (6') in height. A
6' tall decorative retaining wall along the entry road was approved with the tract
map.
DEVELOPMENT CODE
8. Development shall conform with the Residential Suburban (RS) zoning
requirements except as otherwise approved and contained within the Design
Guidelines.
9. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, Exhibit "B", except as specifically modified by these
conditions.
10. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
11. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
12. Prior to final of subdivision improvements, the developer shall comply with
Development Code Chapter 16.68, "Improvements". All above ground utilities
shall be undergrounded.
CC&R's
13. Prior to recordation of the final/parcel map, the applicant shall submit Covenants,
Conditions and Restrictions (CC&R's) that are administered by a subdivision
homeowners' association or other comparable mechanism, formed by the
applicant for the maintenance and repair of common facilities and development of
individual lots within the subdivision. The CC&R's shall be reviewed and approved
by the City Attorney and recorded with the final map. At a minimum, the CC&R's
shall:
a.Provide for maintenance and repair of common facilities as shown by
Exhibit B' including but not limited to: the drainage facilities and
associated landscaping and irrigation, including street trees within the
public right of way, natural hillside landscaping, retaining wall, and other
facilities such as the utility easement on Lot 1. A maintenance schedule
and provisions for plant replacement shall be included. A property
management company shall be retained to administer the maintenance
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agreement and to hire a professional maintenance company to perform
maintenance services ;
b. Include a requirement that street trees on private property shall be
installed with the development of individual lots and are to be
maintained by the lot owner;
c. Include the Design Guidelines document as an attachment; and
d. Inform residents of their proximity to active farmland.
STREET NAMES
14. Street names shall be approved by the Planning Commission in accordance with
Municipal Code Section 12.04 and shown on the Tentative Map.
LANDSCAPING
15. Street Trees shall be planted at a minimum of 50' intervals along all frontages and
a within the street tree easement.
16. Prior to issuance of a grading permit, a landscaping and irrigation plan shall be
prepared by a licensed landscape architect subject to review and approval by the
Community Development, Police, Building and Fire, and Parks and Recreation
Departments. The landscaping plan shall include the following:
a. Tree staking, soil preparation and planting detail;
b. The required landscaping and improvements. This includes:
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;
3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material; and
4) An automated irrigation system.
SOLID WASTE
17. Interior vehicle travel ways shall be designed to be capable of withstanding loads
imposed by trash trucks.
SPECIAL CONDITIONS
18. The restricted building area on lots 6-9 shall be shown on the Final Map.
19. Special consideration shall be paid to the design of homes on lots 7-9 and shall
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include special consideration regarding visual impact and additional articulation
on downward slope to the satisfaction of the Community Development Director.
20. Design guidelines shall be revised to clarify language that allows for flexibility
within defined styles to the satisfaction of the Community development Director.
21. A 15 foot setback shall be allowed for side loading garages.
22. The agricultural buffer and bioswale planting area shall be evaluated for
functionality and planting survival to the satisfaction of the Community
Development Director.
23. The "Natural state" area shall include native grasses, trees and shrubs and shall
be maintained pursuant to the maintenance agreement.
24. Maintenance agreement shall include the cut slope.
25. Street trees to be planted at time of building permit issuance for individual lots
and tract planting installed with tract improvements.
BUILDING AND FIRE DIVISION CONDITIONS
CBC / CFC
26. The project shall comply with the most recent editions of the Califomia Fire and
Building Codes and the International Building and Fire Codes as adopted by the
City of Arroyo Grande.
FIRE LANES
27. Prior to final of subdivision improvements, the applicant shall post designated
fire lanes, per Section 22500.1 of the California Vehicle Code.
28. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
29. Project shall have a fire flow approved by per Fire Department and Public Works
Department.
30. Prior to final of subdivision improvements, fire hydrants shall be installed, per Fire
Department and Public Works Department standards.
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ARE SPRINKLER
31. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
ABANDONMENT/NON-CONFORMING
32. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
OTHER PERMITS
33. Prior to approval of subdivision improvements, approval from other agencies must
be provided as required.
34. Any review costs generated by outside consultants, shall be paid by the applicant.
SPECIAL CONDITIONS
35. The applicant shall provide a site plan and construction details for modifications to
the existing house prior to Final Map recordation.
ENGINEERING AND PUBLIC WORKS CONDITIONS
All Public Works Department conditions of approval as listed below are to be
complied with prior to recording the Final Map, unless specifically noted otherwise.
GENERAL IMPROVEMENT REQUIREMENTS
36. All project improvements shall be designed and constructed in accordance with
City standards and specifications. Plans within the right-of-way shall include profile
drawings. Improvement plans (including the following) shall be prepared by a
registered Civil Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c.Striping and signage plan.
d.Public utilities.
e. Water and sewer.
f.Landscaping and irrigation.
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37. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. All existing and proposed parcel lines and easements crossing the property.
d. The location and dimension of all existing and proposed paved areas.
e. The location of all existing and proposed public or private utilities.
38. Landscape and irrigation plans are required for planting within the public right of
way, and shall be approved by the Community Development and Public Works
Departments.
39. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
40. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
41. Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes. Prior to acceptance of the improvements, the applicant shall provide
reproducible mylars, and 2 sets of prints of the approved record drawings (as
builts).
42. PRIOR TO ISSUANCE OF A GRADING PERMIT, THE DEVELOPER shall submit
two (2) copies of the final project-specific Storm Water Pollution Prevention Plan
SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis
Obispo Regional Water Quality Control Board (RWCB) requirements.
43. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The
cleaning shall be done after each day's work or as directed by the Director of
Public Works or the Community Development Director.
44. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right of way (City or Caltrans).
45. Perform construction activities during normal business hours (Monday through
Friday, 8 A.M. to 6 P.M.) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the
Community Development Director. The City may hold the developer or contractor
responsible for any expenses incurred by the City due to work outside of these
hours.
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GRADING AND DRAINAGE
46. The applicant shall perform all grading in conformance with the City Grading
Ordinance.
47. The applicant shall submit a preliminary soils report prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
48. Street structural sections shall be determined by an R-Value soil test.
49. The applicant shall submit all retaining wall calculations for review and approval by
the Community Development Director for walls not constructed per City standards.
50. All drainage facilities shall be designed to accommodate a 25, 50, and 100 year
storm flow.
51. All drainage facilities shall be in accordance with the Drainage Master Plan.
52. The project shall meet all Low Impact Development requirements set by the
Regional Water Quality Control Board.
53. Infiltration basins shall be designed based on soil tests. Infiltration tests shall
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required for the basin on the left side of the project at
elevation 162.5.
54. Storm drain inlets, both public and private, will be required to be stenciled with
the warning: "Drains to Creek" or other appropriate advice as directed by the
City.
55. Plans shall include a detail for safe overflow for the basins.
TREE PRESERVATION/TREE REMOVAL PLAN
56. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Municipal Code Chapter 12.16, the Community Tree
Program.
57. Prior to issuance of a grading permit, the developer shall submit a tree
preservation and tree removal plan to the Director of Public Works/City Arborist for
undeveloped parcels or lots with trees. The plan shall include the location, size
and species of all trees located on the lot or on adjoining lots, where development
RESOLUTION NO. 4560
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could affect the roots or limbs on trees or adjacent property.
58. All significant trees to be removed as designated by the Director of Public Works '
City Arborist shall be replaced at a 3:1 ratio and planted on site. With the
approval of the Public Works Director, tree removal shall be mitigated by planting
on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a
15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to
issuance of a grading permit, a replacement tree installation agreement shall be
approved or fees paid.
59. Prior to issuance of a grading permit, all trees to remain on site shall be marked
with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The
fence shall be located at the dripline of the tree or a minimum of eight (8') foot
radius from the trunk of the tree if approved.
60. All trees on the construction site to be preserved shall be protected under the
conditions of the Community Tree Ordinance (431 C.S.) which include but are not
limited to:
a.No mechanical trenching within the drip line of a tree, unless
approved by the Public Works Director.
b. No storage of equipment, supplies, tools, etc., within 8' of the
trunk of any tree.
c.No grading shall occur under a trees dripline, unless approved
by the Public Works Director.
d. A five foot (5') protective fence shall be constructed a
minimum of 8' from the trunk of each tree.
61. All trees to be pruned, shall be pruned under supervision of a Certified Arborist
using the International Society of Agricultural Pruning Standards.
WATER
62. Non-potable construction water is available at the Soto Sports Complex. The City
of Arroyo Grande does not allow the use of hydrant meters.
63. Each parcel shall have separate water meters. Water services not proposed to be
used shall be abandoned and capped per City Standards.
64. Lots using fire sprinklers shall have individual 1" service connections.
65. The applicant shall pay a water neutralization fee for each new residential unit.
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66. The existing water main on Huasna Road shall be relocated to be outside of the
proposed sidewalk a minimum of 2 feet.
67. Connection to waterline shall be from the existing waterline on Fortuna Court.
68. The proposed 8" water main shall end at the intersection of Huasna on the
proposed street at a fire hydrant. Connection to the Huasna water main shall be
prohibited due to different pressure zones.
69. The existing water main on Fortuna shall be modeled and certified by Water
Systems Consulting Inc., (WSE). The water main on Fortuna is currently a 6"
and may need to be increased to 8".
70. The applicant shall offer to dedicate an easement for the proposed water main to
the City.
SEWER
71. Each parcel shall be provided a separate sewer lateral.
72. All new sewer mains must be a minimum diameter of 8" including the sewer main
extension to Callie Court.
73. All sewer laterals within the public right of way must have a minimum slope of 2%.
74. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with the Standard Plans.
75. The applicant shall obtain approval from the South County Sanitation District for
the development's impact to the District facilities prior to approval of the public
improvement plans.
76. Pay proportional share of Huasna Sewer up-grade project per the City's Sewer
Master Plan.
PUBLIC UTILITIES
77. Underground all proposed and existing utilities, including all existing utilities on
Huasna Road along the project frontage and serving the project, in accordance
with Section 16.68.050 of the Development Code.
78. Underground improvements shall be installed prior to street paving.
79. Street lights shall be placed 200' — 250' apart.
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80. Plans shall be submitted to the public utility companies for review and comment.
Utility comments shall be forwarded to the Community Development Director for
approval.
81. Prior to issuance of a certificate of occupancy, all public utilities shall be
operational.
STREET IMPROVEMENTS
82. Obtain approval from the Public Works Director prior to excavating on Huasna or
any street recently over-laid or slurry sealed. The Director shall approve the
method of repair of any such trenches, but shall not be limited to an overlay, slurry
seal, or fog seal.
83. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
84. All street repairs shall be constructed to City standards.
85. 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.
86. Huasna Road shall be slurry sealed to the centerline throughout the project's
frontage.
87. Streets that shall be designated as a local street shall adhere to the following
design standards:
a. 30 feet street width from curb to curb.
b. 5 feet wide concrete sidewalks excluding sidewalk for lot 9.
c. Concrete curb and gutter on both sides of the street and Huasna
frontage.
d. 25 mile per hour design speed.
88. The project shall include a sidewalk from the cul-de-sac to Huasna on the east
side of the proposed street and from the cul-de sac to Lot 9 on the west side of the
street.
89. The proposed wall and landscape area adjacent to the wall may be inside of the
right-of-way if necessary and shall be maintained by the CC&R's Common
Maintenance provisions.
90. The cul-de-sac shall be designed per fire vehicle access requirements.
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91. The proposed driveway for lot 8 and 9 shall be constructed per City Standards.
92. The applicant shall utilize saw cuts for all repairs made in curb, gutter, and
sidewalk.
93. Underground improvements shall be installed prior to street paving.
94. The applicant shall check traffic/site distance issues related to Huasna Road. No
parking on portion of frontage from proposed access road east approximately 100'.
Distance to be recommended by developer's Civil Engineer and approved by the
Community Development Director.
95. The applicant shall install ADA compliant facilities where necessary, including ADA
facilities required on Huasna and install a temporary barricade at the end of the
sidewalk.
96. The applicant shall install tree wells for all trees planted adjacent to curb, gutter
and sidewalk to prevent damage due to root growth and as follows:
a. Street trees shall be planted at minimum 50' intervals along all frontages
within 10 feet behind the edge of the sidewalk.
b. All hill slopes shall be vegetated with ground cover and adequate erosion
control.
DEDICATIONS AND EASEMENTS
97. Abandonment of public streets and public/private easements shall be listed on the
final map, in accordance with Section 66499.20 of the Subdivision Map Act.
98. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways.
99. A Public Utility Easement (PUE) shall be created over the entire proposed street.
100. A private and public emergency access easement shall be created on the Final
Map, for access to lots 8 and 9.
101. Access to the proposed street and Huasna for lots 8 and 9 shall be relinquished
except as shown on the map. The access denial shall be offered by the property
owner and recorded on the map or other document as is acceptable to the City.
102. The applicant shall create a Utility access easement across Lot 1 which shall be
a minimum of 12 feet wide. The easement shall be covered with a material
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approved by the Community Development Director, fenced on the interior side
yard Lot 1 easement boundary with a low rail fence, fenced across the Fortuna
Court access and gated on the southern access. The fence shall be set back
from Fortuna Court approximately 20' and the easement area in front of the
fence may be landscaped with easily removable herbaceous shrubs.
103. Private easements shall be created on the Final Map, or other separate
document approved by the City, for the following:
a. Drainage easements where shown on the tentative map or where
required by the Director of Public Works. The easements shall be a
minimum of 10 feet wide.
Mapping Requirements
104. Lots shall be numbered in sequence.
PERMITS
105. The applicant shall 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.
106. The applicant shall obtain a grading permit prior to commencement of any grading
operations on site.
AGREEMENTS
107. 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.
108. Subdivision Improvement Agreement: The applicant shall enter into a subdivision
agreement for the completion and guarantee of improvements required. The
subdivision agreement shall be on a form acceptable to the City.
109. The applicant shall record Covenants, Conditions, and Restrictions to include a
Home Owners Association (HOA) or comparable mechanism for the
maintenance of common facilities, including drainage facilities, project
landscaping and natural hillsides, retaining walls and the utility easement on Lot
1.
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FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable City fees, including the following:
110. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a. Map check fee for Tract Map
b. Plan check for grading plans.
c.Plan check for improvement plans.
d. Permit Fee for grading plans.
e. Inspection Fee of subdivision or public works construction plans.
111. Impact fees to specific capital improvement project as determined by the
Community Development Director.
112. Developer shall pay the Parks and Recreation fee as stated in Chapter 16.64 -
Dedications, Fees and Reservations of the Muni Code.
113. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a. Water Neutralization 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.
b. Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code 6-7.22.
c. Water Service charge to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code 6-7.22.
d. Water Supply charge, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code 6-7.22.
e. Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
Res. 3021.
f.Traffic Signalization fee, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with Ord. 346
C.S., Res. 1955.
g. Sewer Permit fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
6-6.405.
Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
RESOLUTION NO. 4560
PAGE 19
effect at the time of building permit issuance in accordance with Ord.
313 C.S.
m. Strong Motion Instrumentation Program (SMIP) Fee, to be based
on codes and rates in effect at the time of development in accordance
with State mandate.
n.Building Permit Fee, to be based on codes and rates in effect at the
time of development in accordance with Title 8 of the Municipal Code.
FEES TO BE PAID PRIOR TO FINAL OF SUBDIVISION IMPROVEMENTS
114. Prior to final of subdivision improvements, the applicant shall pay an affordable
housing in-lieu fee.
FEES TO BE PAID OR PRIOR TO RECORDATION OF THE FINAL MAP
115. 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.
116. Development Impact fees shall be paid as required by the City.
117. Preliminary Title Report, a current preliminary title report shall be
submitted to the Director of Public Works prior to checking the map. A current
subdivision guarantee shall be submitted to the Director of Public Works prior to
recording the Map.
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.
RESOLUTION NO. 4560
PAGE 20
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.
IMPROVEMENT SECURITIES
118. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
119. Submit an engineer's estimate of quantities for public improvements for review by
the Community Development Director.
120. The applicant shall provide bonds or other financial security for the following. All
bonds or security shall be in a form acceptable to the City, and shall be provided
prior to recording of the map, unless noted otherwise. The minimum term for
Improvement securities shall be equal to the term of the subdivision agreement.
a.Faithful Performance, 100% of the approved estimated cost of
all subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c.One Year Guarantee, 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
RESOLUTION NO. 4560
PAGE 21
monuments.
e. Tax Certificate, The applicant shall furnish a certificate from the tax
collector's office indicating that there are no unpaid taxes or special
assessments against the property. The applicant may be required to
bond for any unpaid taxes or liens against the property. This shall be
submitted prior to placing the map on the City Council Agenda for
approval.
OTHER DOCUMENTATION
121. Preliminary Title Report: A current preliminary title report shall be submitted to the
Director of Public Works prior to checking the map.
PRIOR TO ISSUING A BUILDING PERMIT
122. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
123. All utilities shall be operational.
124. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Community Development
Director.
125. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City.
PLANNING COMMISSION CONDITIONS
126. Street trees shall be the oak species Quercus agrifolia and shall be planted as
close to 10' behind the sidewalk as possible.
127. Add skyline trees to the Agricultural Buffer planting including Incense and Deodar
cedars.
128. The proposed 15' rear yard setback shall remain at 20'.
CITY COUNCIL CONDITIONS
129. The final design of the northern easement fence shall be reviewed by the
Architectural Review Committee and adjacent Fortuna Court property owners
prior to installation.
RESOLUTION NO. 4560
PAGE 22
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 I-1:
The Design Guidelines shall include house height limits on Lots 6-9 to 22' above
natural grade.
MM III-1:
If the project site is located in a candidate area for Naturally Occurring Asbestos
NOA), the following requirements apply. Under the ARB Air Toxics Control
Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining
Operations (93105), prior to any construction activities at the site. The project
proponent shall ensure that a geologic evaluation is conducted to determine if
the area disturbed is exempt from the regulation. An exemption request must
be filed with the APCD. If the site is not exempt from the requirements of the
regulation, the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos Dust Mitigation
Plan and an Asbestos Health and Safety Program for approval by the APCD.
MM III-2:
Dust Control Measures
Construction activities can generate fugitive dust, which could be a nuisance to
local residents and businesses in close proximity to the proposed construction
site. Dust complaints could result in a violation of the APCD's 402 "Nuisance"
Rule. Projects with grading areas that are greater than 4acres or within 1,000
feet of any sensitive receptor shall implement the following mitigation measures
to manage fugitive dust emissions such that they do not exceed the APCD 20%
opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402):
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering frequency would
be required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water should be used whenever possible;
c. All dirt stock pile areas should be sprayed daily as needed;
d. permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemented as soon as
possible, following completion of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading should be sown with a fast
RESOLUTION NO. 4560
PAGE 23
germinating, non-invasive, grass seed and watered until vegetation is _
established;
f. All disturbed soil areas not subject to revegetation should be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed
as soon as possible. In addition, building pads should be laid as soon as
possible after grading unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered
or should maintain at least two feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CVC
Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site;
k. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water should be
used where feasible;
I. All PM10 mitigation measures required should be shown on grading and
building plans; and, the contractor or builder shall designate a person or
persons to monitor the fugitive dust emissions and enhance the
implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20% opacity. Their duties shall
include holidays and weekend periods when work may not be in progress.
The name and telephone number of such persons shall be provided to the
APCD Compliance Division prior to the start of any grading, earthwork or
demolition.
MM III-3:
Construction Phase Idling Limitations
This project is in close proximity to nearby sensitive receptors (residences).
Projects that will have diesel powered construction activity in close proximity to
any sensitive receptor shall implement the following mitigation measures to
ensure that public health benefits are realized by reducing toxic risk from diesel
emissions:
California Diesel Idling Regulations:
a. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the
California Code of Regulations. This regulation limits idling from diesel-
fueled commercial motor vehicles with gross vehicular weight ratings of more
than 10,000 pounds and licensed for operation on highways. It 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
RESOLUTION NO. 4560
PAGE 24
minutes at any location, except as noted in Subsection (d) of the
regulation; and,
2. Shall not operate a diesel-fueled auxiliary power system (APS) to power
a heater, air conditioner, or any ancillary equipment on that vehicle
during sleeping or resting in a sleeper berth for greater than 5.0
minutes at any location when within 1,000 feet of a restricted area,
except as noted in Subsection (d) of the regulation.
b. Off-road diesel equipment shall comply with the 5 minute idling restriction
identified in Section 2449(d)(2) of the California Air Resources Board's In-
Use off-Road Diesel regulation.
c. Signs must be posted in the designated queuing areas and job sites to remind
drivers and operators of the state's 5 minute idling limit.
d. The specific requirements and exceptions in the regulations can be reviewed at
the following web sites: www.arb.ca.00v/msproq/truck-idling/2485.pdf and
www.a rb.ca.qov/regact/2007/ord iesl07/froo I.pdf.
Diesel Idling Restrictions Near Sensitive Receptors (Residential dwellings):
In addition to the State required diesel idling requirements; the project applicant
shall comply with these more restrictive requirements to minimize impacts to
nearby sensitive receptors:
a. Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
c. Use of alternative fueled equipment is recommended; and
d. Signs that specify the no idling areas must be posted and enforced at the site.
MM III-4:
Truck Routing
Proposed truck routes should be evaluated and selected to ensure routing
patterns have the least impact to residential dwellings and other sensitive
receptors, such as schools, parks, day care centers, nursing homes, and
hospitals. If the project has significant truck trips where hauling/truck trips are
routine activity and operate in close proximity to sensitive receptors, toxic risk
needs to be evaluated.
MM III-5:
Residential Wood Combustion
Under APCD Rule 504, only APCD approved wood burning devices can be
installed in new dwelling units. These devices include:
All EPA-Certified Phase II wood burning devices;
Catalytic wood burning devices which emit less than or equal to 4.1 grams
per hour of particulate matter which are not EPA-Certified but have been
verified by a nationally recognized testing lab;
RESOLUTION NO. 4560
PAGE 25
Non-catalytic wood'burning devices which emit less than or equal to 7.5
grams per hour of particulate matter which are not EPA-Certified but have
been verified by a nationally recognized testing lab;
Pellet-fueled wood heaters; and
Dedicated gas-fired fireplaces.
MM V-1: If a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius
of the find shall cease until a qualified archaeologist determines whether the
uncovered resource requires further study. A standard inadvertent discovery
clause shall be included in every grading and construction contract to inform
contractors of this requirement. Any previously undiscovered resources found
during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of
California Environmental Quality Act criteria by a qualified archaeologist.
Potentially significant cultural resources consist of, but are not limited to, stone,
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
MM V-2: If human remains are encountered during earth-disturbing activities, all
work in the adjacent area shall stop immediately and the San Luis Obispo
County Coroner's office shall be notified immediately. If the remains are
determined to be Native American in origin, the Native American Heritage
Commission shall be notified and will identify the Most Likely Descendent, who
will be consulted for recommendations for treatment of the discovered remains.
MM IX-1: A Stormwater Pollution Prevention Plan (SWPPP) shall be developed
and implemented in consultation with the City, Regional Water Quality Control
Board (RWQCB), and other regulatory agencies. The SWPPP shall include
BMPs to reduce potential impacts to surface water quality through the
construction and life of the project. The SWPPP shall adhere to the following
requirements:
The SWPPP shall include measures to avoid creating contaminants,
minimize the release of contaminants, and water quality control measures
to minimize contaminants from entering surface water or percolating into
the ground.
The water quality control measures shall address both construction and
operations periods.
RESOLUTION NO. 4560
PAGE 26
Fluvial erosion and water pollution related to construction shall be
controlled by a construction water pollution control program that shall be
filled with the appropriate agency and kept current throughout any site
development phase.
The water pollution prevention program shall include BMPs, as
appropriate, given the specific circumstances of the site and project.
The SWPPP shall be submitted for review and approval to the RWQCB.
A spill prevention and countermeasure plan shall be incorporated into the
SWPPP.
Major vehicle/equipment maintenance, repair, and equipment washing
shall be performed off site.
A wet and dry spill cleanup plan that specifies reporting requirements and
immediate clean up to ensure no residual soil, surface water or
groundwater contamination would remain after clean up.
A temporary and excess fill stockpile and disposal plan that ensures that
no detrimental affects to receiving waters would result.
Requiring all grading and application of concrete, asphalt, etc. to occur
during the dry season from April 15 to October 15.
Required site preparation and erosion control BMPs for any work that may
need to be completed after October 15.
MM IX-2: To reduce erosion hazards due to construction activities, grading shall
be minimized and project applicants shall use runoff and sediment control
structures, and/or establish a permanent plant cover on slopes following
construction.
MM IX-3: All temporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours
and topography.
MM IX-4: The project shall meet all Low Impact Development requirements set
by the Regional Water Quality Control Board.
MM 1X-5: The following water quality BMPs shall be incorporated into the
project:
Run-off Control. Maintain post-development peak runoff rate and average
volume of runoff at levels that are similar to pre-development levels.
Labeling and Maintenance of Storm Drain Facilities. Label new and
existing storm drain inlets with "No Dumping — Drains to Ocean" to alert
the public to the destination of stormwater and to prevent direct discharge
of pollutants into the storm drain.
MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 6
p.m. Monday through Friday. No construction shall occur on Saturday or
RESOLUTION NO. 4560
PAGE 27
Sunday. Equipment maintenance and servicing shall be confined to the same
hours. To the greatest extent possible, grading and construction activities should
occur during the middle of the day to minimize the potential for disturbance of
neighboring noise sensitive uses.
MM XII-2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
MM XII-3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
MM XVI-1: Check traffic/site distance issues related to Huasna Road. No parking
on portion of frontage from proposed access road east approximately 100'.
Distance to be recommended by developer's Civil Engineer.
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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. 4560 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
10th day of December, 2013.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of
December 2013.
err /
KELL W / MORE, CITY CLERK