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PC R 10-2097RESOLUTION NO. 10-2097 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE REVISING CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT 08-001; LOCATED AT THE SOUTHWEST CORNER OF THE PIKE AND SOUTH ELM STREET; APPLIED FOR BY GREG WOODARD WHEREAS, the Planning Commission of the City of Arroyo Grande adopted Resolution 08-2060 on April 15, 2008, approving Tentative Tract Map 08-001 and Planned Unit Development 08-001; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered revising conditions of approval for Tentative Tract Map and Planned Unit Development 08-001 at a public hearing on January 19, 2010 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that revising the conditions of approval for Tentative Tract Map 08-001 and Planned Unit Development 08-001, specifically as they relate to water service, will benefit the City by potentially saving 6.44 acre-feet of water per year. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby revises the conditions of approval for Tentative Tract Map 08-001 and Planned Unit Development 08-001 as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Ruth, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Ruth, Barneich, Brown, Keen and Chair Ray NOES: None ABSENT: None the foregoing Resolution was adopted this 19 day of January, 2010 RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE 2 of 14 ATTEST: �G-�-� �JQ �-.!� �. DEBBIE WEICHINGER, COMMISSION CLERK AS TO CONTENT: �— � SA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR CAREN RAY C AIR RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE 3 of 14 EXHIBIT "A" REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP AND PLANNED UNIT DEVELOPMENT 08-001 SOUTHWEST CORNER OF THE PIKE AND SOUTH ELM STREET This approval revises the conditions of approval for Tentative Tract Map 08-001 and Planned Unit Development 08-001 as follows: COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 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 Tentative Tract Map and Planned Unit Development 08-001. 3. Development shall occur in substantial conformance with the plans presented to the Planning Commission at their meeting of April 15, 2008 and marked Exhibit „ 4. The applicant shall, as a condition of approval of this application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 5. Development shall conform to the Office Mixed-Use (OMU) zoning district standards except as otherwise approved. 6. All conditions of approval for the project shall be included in construction drawings. SPECIAL CONDITIONS: 7. The five (5) studio apartments shall be reserved for low-income rental units through an agreement approved by the City Attorney and entered into between the City and the applicant prior to final approval of the tentative map. This agreement shall set forth the provision to require each studio apartment to be rented to a qualified low-income household as certified by the Housing Authority of San Luis Obispo or such other authority approved by the City Council and shall remain affordable for a period of not less than 45-years. RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE4of14 8. Prior to issuance of a building permit, the applicant shall re-stripe South Elm Street from the Pike to the southern boundary of the City to include bicycle lanes on each side of South Elm Street. 9. Prior to issuance of a building permit, the applicant shall install a bus shelter with bench in the right-of-way adjacent to the 7-11 store as shown on the project plans. MITIGATION MEASURES: AIR QUALITY 10. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the later morning and after work is completed for the day and whenever winds exceed 15 miles per hour. Only non-potable water shall be used for the purpose of controlling dust during construction activities. 11. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 12. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 13. Wheel washers shall be installed where vehicles enter and exit unpaved roads onto streets, or all trucks and equipment shall be washed off before leaving the project site. Only non-potable water shall be used for the purpose of washing wheels and/or equipment. 14. Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall only use non-potable water. CULTURAL RESOURCES 15. The following note shall be included on all construction documents: "In the event that during grading, construction or development of the project, and cultural resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures." HYDROLOGY AND WATER QUALITY 16. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, low flow RESOLUTION NO. 10-2097 TTM & PUD 08-001 JAN UARY 19, 2010 PAGE 5 of 14 showerheads, instant water heaters and hot water recirculating systems. Water conserving designs and fi�ures shall be installed prior to final occupancy. 17. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. All landscape plans shall be subject to review and approval by the Parks, Recreation & Facilities Department. BUILDING AND FIRE DEPARTMENT STANDARD CONDITIONS: BUILDING CODES 18. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 19. Provide complete compliance with State and Federal disabled access requirements. FIRE LANES 20. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 21 22 Project shall have a fire flow based on the California Fire Code appendix III-A. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. FIRE SPRINKLERS 23 24 Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 25. Water Meter, service main, distribution, and availability fees, to be base� on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE 6 of 14 26. 27. 28. 29. 30. 31, Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. Drainage fee, as required by the area drainage plan for the area being developed. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 32. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 33 34 35 �� 37 : Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. �� � PUBLIC WORKS DEPARTMENT CONDITIONS SPECIAL CONDITIONS: 39. Extend a water main from the intersection of The Pike and South Elm down South Elm across the property frontage. RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAG E 7 of 14 40. Extend a water main from the intersection of The Pike and South Elm west on The Pike to the western project frontage. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. Extend a main through the site to connect to the new mains in The Pike and South Elm. Install a fire hydrant at the end of the main on South Elm. Install a water service manifold in a vault with a touch read pad. Install a pressure-regulating valve on each water service. Install a backflow prevention device on all non-single-family water services. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. Place a 2" overlay of'/2" Type B asphalt from the gutter to the centerline of South Elm across the property frontage. Grind the overlay area of South Elm 2" to facilitate matching the overlay to existing grade. Install new concrete sidewalk across the property frontage of South Elm. Remove and replace any damaged sections of curb and gutter within the project frontages of South Elm and The Pike. Install a City benchmark at the Southwest corner of The Pike and South Elm. Connect the on-site storm water system shall to the existing City storm system underground. 54. Replace the existing drop inlet in the property frontage with a new City standard drop inlet with fossil filter on South Elm Street and replace the existing underground pipes crossing Elm Street, between the project site and the retention basin, with RCP storm drains sized to accommodate flows. 55. Install a 48" RCP storm line in the earth ditch along South Elm Street from the intersection of The Pike and South Elm Street to the southern edge of the RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE8of14 property frontage, or an alternative acceptable to the Director of Public Works. This project is identified in the City Drainage Master Plan. 56. Perform detailed drainage calculations verifying the South Elm Basin has sufficient capacity to handle the increased storm water runoff or retain on-site as necessary. 57. Covenants, Conditions, and Restrictions for the maintenance of the parking areas, common driveways, the on-site storm drainage system, and any other common facilities. 58. Dedicate street tree planting and maintenance easements 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. 59. Dedicate a blanket Public Utility Easement (PUE) over the project site. GENERAL CONDITIONS: 60. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 61. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVEMENT PLANS 62. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 63. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 64. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. � RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAG E 9 of 14 65. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 66. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 67. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 68. 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 Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER .• rl�; Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 71. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. 72. 73 Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: RESOLUTION NO. 10-2097 TTM 8� PUD 08-001 JANUARY 19, 2010 PAG E 10 of 14 SEWER 74 75 76 77 PUBLIC UTILITIES 78. Underground improvements shall be installed prior to street paving. 79. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 80. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. STREETS a. Implement an individual water program consisting of retrofitting existing off- site high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee for each new residential unit, based on the fees in effect at time of building permit issuance. Each parcel shall be provided a separate sewer lateral. All new sewer mains must be a minimum diameter of 8". All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. r— � �J 81. Obtain approval from the Director of Public Works prior to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. r� , All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 83. All street repairs shall be constructed to City standards. � RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE 11 of 14 84. 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. 85. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public Works. CURB, GUTTER, AND SIDEWALK 86. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 87. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 88. Perform all grading in conformance with the City Grading Ordinance. 89. 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. 90. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 91. All drainage facilities shall be designed to accommodate a 100-year storm flow. 92. All drainage facilities shall be in accordance with the Drainage Master Plan. DEDICATIONS AND EASEMENTS 93. All easements, abandonments, or similar documents to be recorded shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 94. 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. RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE 12 of 14 PERMITS 95. 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. .� FEES 97 Obtain a grading permit prior to commencement of any grading operations on site. Pay all required City fees at the time they are due. 98. Fees to be paid prior to plan approval: a. Map check fee b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 99. 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. 100. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. IMPROVEMENT SECURITIES 101. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 102. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 103. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: � RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAG E 13 of 14 a. b. c. d. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, Labor and Materials: 50% of the approved estimated cost of all subdivision improvements One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 104. 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. 105. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 106. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 107. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 108. All utilities shall be operational. 109. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. 110. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. RESOLUTION NO. 10-2097 TTM & PUD 08-001 JANUARY 19, 2010 PAGE 14 of 14 PARKS, RECREATION & FACILITIES DEPARTMENT CONDITIONS GENERAL CONDITION: 111. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to review by and approval of the Director of Parks, Recreation & Facilities. PLANNING COMMISSION CONDITIONS SPECIAL CONDITIONS: 112 113 114 115 The applicant shall install a`right turn only' sign at the exit of the Pike driveway. The final landscape plan shall be revised to include a lighting plan that includes lighting along the pedestrian path. The final landscape plan shall be revised to include appropriate plant material to cover the trash enclosures. The final landscape plan shall be revised to replace all Melaleuca trees with Chinese pistache trees. 116. The final site plan shall be revised to move the trash enclosure adjacent to parking space #4 to parking space #6, and replace parking space #6 by adding a parking space adjacent to parking space #4 and extending the concrete sidewalk to the masonry wall. 117. The final site plan shall be revised to include additional paving/stamping along the Pike driveway. 118. The applicant shall verify sight distance requirements as they pertain to the trash enclosure at the Pike driveway and if necessary, relocate the trash enclosure accordingly. 119. Prior to issuance of a building permit, the applicant may obtain a will-serve letter from the Oceano Community Services District (OCSD) for water services. If a will-serve letter is provided by the OCSD, Condition of Approval Numbers 26, 39, 40, 41, and 73 will no longer apply to the project. 120. Prior to issuance of a building permit, the applicant shall obtain a will-serve letter from the Oceano Community Services District (OCSD) for sewer services.