PC R 09-2091�
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RESOLUTION NO. 09-2091
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE
TENTATIVE TRACT MAP NO. 3019 LOCATED NORTHEAST OF WEST
BRANCH STREET AND RODEO DRIVE COMPOSED OF EIGHT (8)
LOTS, APPLIED BY THE COUNTY OF SAN LUIS OBISPO
WHEREAS, the County of San Luis Obispo applied for Tentative Tract map No. 3019 to
subdivide approximately 27 acres located northeast West Branch Street and Rodeo Drive
into eight (8) lots within the area known as the South County Regional Center, and
WHEREAS, the Planning Commission has recommended approval of General Plan
Amendment and Development Code Amendment (GPA/DCA) Case No. 09-001,
including Subarea 5 involving reclassification of approximately one (1.0) acre of the
subject property from Community Facilities to Single Family Residential —Medium Density
and to rezone said portion of the property from Public Facility (PF) district to Residential
Suburban (RS) zoning district, and to reclassify approximately two (2.0) acre portion of
the subject property from Community Facilities to Multiple Family Residential-Medium
High Density and to rezone said portion from Public Facility, PF, to Multiple Family, MF,
zoning district, and
WHEREAS, the Planning Commission has found that the GPA/DCA CASE No. 09-001
and Tentative Tract Map No. 3019 are consistent with the City's General Plan and
Development Code as amended, and
WHEREAS, the Planning Commission has reviewed these proposals and this project in
compliance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines and the Arroyo Grande Rules and Procedures for Implementation of CEQA
and has recommended adoption of a Mitigated Negative declaration for these projects,
and
WHEREAS, the Planning Commission finds, after due study, deliberations and public
hearings conducted on April 7, July 7, July 21, August 18 and September 1, 2009 that the
following circumstances exist:
Tentative Tract Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent and requirements of the Arroyo Grande General Plan and
the Development Code as amended.
The proposed tentative tract map will enable four (4) Residential Suburban lots on
a one (1) acre portion of the subject property southeast of Rodeo Drive and
Mercedes Lane and one 2.0 acre lot on the south side of Rodeo Drive near Grace
Lane and as a transition to a potential Public Facility development on the three lots
designated and zoned for Public Facility on the northeast side of West Branch
Street near Rodeo Drive.
2. The site is physically suitable for the type of development proposed.
The four proposed Residential Suburban lots are on level terrain, with a proposed
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 2
lot depth and width similar in size to the adjoining existing Single Family
Residential development of Royal Oak Estates, Tract No. 1390, and the Multiple
Family designation and MF zoning proposes residential development compatible
with existing houses as well as providing transition to the potential Public Facility
development.
3. The site is physically suitable for the proposed density of development.
The four (4) Residential Suburban, RS, lots are on level terrain and are similar to
the density of the adjoining existing residential development and the potential
Multiple Family, MF, lot is on sloping terrain providing a transition to the Public
Facility lots and existing potential Public Facility developments with access to West
Branch Street and Rodeo Drive composing the South County Regional Center
area.
4. The design of the tentative tract map and the proposed improvements are not
likely to cause substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat.
The proposed Residential Suburban and Multiple Family zoned lots and the
potential Public Facility developments are located in and adjoin the South County
Regional Center and constitute infill development with existing streets and minor
utility and other infrastructure improvements having no impacts on fish or wildlife
habitat, which would be preserved and protected within a proposed Conservation
and Open Space Overlay and maintenance easement containing the drainage,
trails and habitat areas bisecting the South County Regional Center.
5. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The residential and Public Facility uses will be served by existing and proposed
water, sewer, drainage, utilities and streets which are adequate for the potential
uses.
6. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public-at-large for access through or use of
property within the proposed tentative tract map or that alternative easements will
be substantially equivalent to ones previously acquired by the public.
The existing public streets and easements provide for access, drainage and other
public utilities, including existing water lines and proposed sewer lines are provided
easements to enable adequate services.
7. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements as prescribed in
Division 7(commencing with Section 13000) of the California Wate� Code.
The subdivision will comply with all City and South San Luis Obispo County
Sanitation District standards relating to sewer system design.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
Development will constitute infill and utilize existing street, water and other
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 3
infrastructure and services and sewer, sidewalk and other improvements are
proposed as part of the tract to support project development.
NOW THEREFORE BE IT RESOLVED that the Planning� Commission of the City of
Arroyo Grande recommends that the City Council adopt a Mitigated Negative Declaration
and Approve Tentative Tract Map No. 3019 subject to and effective with GPA/DCA 09-
001 and the conditions set forth in Exhibit `A', attached hereto and incorporated herein by
reference.
On motion by Commissioner Ruth, seconded by Commissioner Barneich, and by the
following roll call vote, to wit:
AYES: Commissioners Ruth, Barneich, Brown and Chair Ray
NOES: None
ABSENT: Commissioner Keen
the foregoing Resolution was adopted this 1 st day of September 2009.
ATTEST:
f��t„P�C��,�c�� �
DEBBIE WEICHINGER, '
SECRETARY TO THE COMMISSION
AS TO CONTENT.:
ROB'STRONG;�
COMMUNITY DEVELO MENT DIRECTOR
CAREN RAY, C I
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 3019
Northeast of West Branch Street Near Rodeo Drive Part of South County
Regional Center
COMMUNITY DEVELOPMENT DEPARTMENT
This approval authorizes subdivision of four (4)
(1) 2.0 acre Multiple Family, MF, lot and thre
approximately 27.0 acres on the north side of
effective with GPA/DCA Case No. 09-001.
GENERAL CONDITIONS:
2
Residential Suburban, RS, lots and one
e(3) Public Facility (PF) lots containing
West Branch Street near Rodeo Drive,
The applicant or its successors shall ascertain and comply with all Federal, State,
County and City requirements as are applicable to this project.
The applicant or its successors shall comply with all conditions of approval for
Tentative Tract Map No. 3019.
3. This approval shall automatically expire in 2011 unless a final map is filed. Thirty
(30) days prior to the expiration of the approval, the applicant or its successors
may apply for an extension of one (1) year from the original date of expiration.
4. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at the meeting of September 1, 2009 and marked
Exhibit "B".
5. The applicant or its successors shall, as a condition of approval of this
application, defend, indemnify and hold harmless the City of Arroyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the City, its past or present agents, officers, or employees to
attack, set aside, void, or annul City's approval of this subdivision, which action is
brought within the time period provided for by law. This condition is subject to
the provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
6. Development shall conform to the Residential Suburban, Multiple Family and
Public Facility zoning districts standards as established by GPA/DCA Case No. 09-
001, except as otherwise approved.
7. All conditions of approval for the project shall be included in construction drawings
SPECIAL CONDITIONS:
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RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 5
8. The Multiple Family Residential development of Lot 3 shall conform to adopted
Housing Element Policies and standards for inclusionary or affordable housing and
subject to a subsequent Conditional Use Permit approval by the City.
9. Subdivision improvements, including sidewalk and underground utilities on West
Branch Street and Rodeo Drive, shall be deferred until Multiple Family and/or Public
Facility development of lots 1, 2, 3 or 4, respectively. All City standard subdivision
improvements required for Residential Suburban development of Lots 5 through 8,
inclusive shall be completed prior to issuance of building permits for house
construction on any one of these lots including relocation of a storm drainage line and
easement across portion of Lot 7.
10. Sewer collection laterals, water meters, sidewalks and driveways and other utilities to
facilitate development shall be completed prior to or concurrent with Residential
Suburban development of lots 5 through 8 inclusive.
MITIGATION MEASURES:
AIR QUALITY
11. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site. At a
minimum, this shall include wetting down such areas in the later morning and after
work is completed for the day and whenever winds exceed 15 miles per hour. Only
non-potable water shall be used for the purpose of controlling dust during
construction activities.
12. Soil stockpiled for more than two days shall be covered, kept moist, or treated with
soil binders to prevent dust generation.
13.A11 vehicles hauling dirt, sand, soil, or other loose materials shall be covered or
maintain at least two feet of freeboard (minimum vertical distance) between top of
load and top of trailer, in accordance with CVC Section 23114.
14. Wheel washers shall be installed where vehicles enter and exit onto streets, or all
trucks and equipment shall be washed off before leaving the project site. Only non-
potable water shall be used for the purpose of washing wheels and/or equipment.
15. Streets shall be swept at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall only use non-potable water.
CULTURAL RESOURCES
16.The following note shall be included on all construction documents: "In the event
that during grading, construction or development of the project, and cultural
resources are uncovered, all work shall be halted until the City has reviewed the
resources for their significance. If human remains (burials) are encountered, the
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 6
County Coroner shall be contacted immediately. The applicant may be required to
provide archaeological studies and/or mitigation measures."
HYDROLOGY AND WATER QUALITY
17.A11 new construction shall utilize fixtures and designs that minimize water usage. Such
fixtures shall include, but are not limited to, water saving toilets, low flow showerheads,
instant water heaters and hot water recirculating systems. Water conserving designs
and fixtures shall be installed prior to final occupancy.
18.A11 landscaping shall be consistent with water conservation practices including the use
of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent
possible, lawn areas and areas requiring spray irrigation shall be minimized. All
landscape plans shall be subject to review and approval by the Recreation and
Maintenance Services Department.
BUILDING DIVISION AND FIRE DEPARTMENT
STANDARD CONDITIONS:
BUILDING CODES
19. 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
20. All subsequent developments shall provide complete compliance with State and
Federal disabled access requirements.
FIRE LANES
21. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
22. Project shall have a fire flow based on the California Fire Code appendix III-A.
23. Prior to combustible materials being placed on site, fire hydrants shall be installed, per
Fire Department and Community Development Department standards.
FIRE SPRINKLERS
24. Prior to occupancy, all buildings must be fully sprinklered per Building Division and
Fire Department guidelines.
25. Provide Fire Department approved access and sprinkler-systems per National Fire
Protection Association Standards.
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 7
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
26. Water Meter, service main, distribution, and availability fees, to be based on codes
and rates in effect at�the time of building permit issuance.
27. Water Neutralization fee, to be based on codes and rates in effect at the time of
building permit issuance.
28. Traffic Impact fee, to be based on codes and rates in effect at the time of building
permit issuance. .
29. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
30. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the
time of building perrriit issuance.
31. Drainage fee, as required by the area drainage plan for the area being developed.
32. Building Permit fees, to be based on codes and rates in effect at the time of building
permit issuance.
33. 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.
34. Park Development fee, to be based on codes and rates in effect at the time of building
permit issuance. (Residential Development only)
35. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance. (Residential Development only)
36. Street Tree fees, to be based on codes and rates in effect at the time of building
permit issuance. (Residential Development only)
37. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance. (Residential Development only)
38. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
39. Police Facilities fee, to be based on codes and rates in effect at the time of building
permit issuance.
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAG E 8
RECREATION AND MAINTENANCE SERVICES CONDITIONS
SPECIAL CONDITIONS:
40. Install new concrete sidewalks across the property frontage of Mercedes Lane and
Rodeo Drive adjoining Lots 5-8 (Defer curb, gutter and sidewalk on Lots 1-4 until
Public Facility and Multi-family development pursuant to Conditional Use Permit
approvals.)
41. Remove and replace any damaged sections of curb and gutter or where residential
driveways are constructed within the project frontages on Rodeo Drive and
Mercedes Lane.
42. Perform detailed drainage calculations verifying a storm.water retention basin on Lot
5 has sufficient capacity to handle the increased storm water runoff as necessary.
43. Covenants, Conditions, and Restrictions for Single Family Residential Suburban
development of Lots 5 through 8 inclusive shall be the same as approved and
recorded for Tract No. 1390, Royal Oak Estates.
44. Dedicate street tree planting and maintenance easements adjacent to Rodeo Drive
and Mercedes Lane rights of way. Street tree easements shall be a minimum of 10
feet beyond the right of way, except that street tree easements shall exclude the
area covered by public utility easements. No tree removal or lot grading permits are
proposed as part of subdivision construction.
GENERAL CONDITIONS:
45. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or
contractor shall refrain from performing any work other than site maintenance
outside of these hours, unless an emergency arises or approved by the Director of
Community Development. The City may hold the developer or contractor
responsible for any expenses incurred by the City due to work outside of these
hours.
IMPROVEMENT PLANS
46. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
47. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 9
48. Submit as-built plans at the completion of the project or improvements as directed
by the City Engineer. One (1) set of mylar prints and an electronic version on CD in
AutoCAD format shall be required. �
49. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the City Engineer or qualified designee:
a. Grading, drainage and erosion control, .
b. Street paving, curb, gutter and sidewalk,
c. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works
50. 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.
51. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls. �
52. Landscape and irrigation plans are required for landscaping within the public right of
way, and shall be approved by the Community Development and Maintenance and
Recreation Services Departments.
WATER
53.
54.
55.
56.
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 and a fire sprinkler engineer shall
determine the size of the water meters.
SEWER
Each parcel shall be provided a separate sewer lateral.
All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 10
PUBLIC UTILITIE
57.
58.
59.
60.
61.
62.
63.
64.
Underground improvements shall be installed.
Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the City Engineer or designee for
approval.
Submit the final map to the public utility companies for review and comment. Utility
comments shall be forwarded to the City Engineer or designee for approval.
STREETS
Obtain approval from the City Engineer or designee prior to excavating in any street
recently over-laid or slurry sealed.
All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy, and all street repairs shall be constructed to City standards.
CURB, GUTTER AND SIDEWALK
Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
GRADING
Perform all grading in conformance with the City Grading Ordinance.
65. 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.
DRAINAGE
66. All drainage facilities shall be designed to accommodate a 100-year storm flow and
in accordance with the Drainage Master Plan.
DEDICATIONS AND EASEMENTS
RESOLUTION NO. 2091
TENTATIVE TRACT MAP NO. 3019
PAGE 11
67. All easements, abandonments, or similar documents to be recorded shall be
prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal
descriptions, sketches, closure calculations, and a current preliminary title report.
The applicant shall be responsible for all required fees, including any additional
required City processing.
PERMITS
68. 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
69. Obtain a grading permit prior to commencement of any grading operations on site.
FEES
70. Pay all required City fees at the time they are due.
71. 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
72. 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.
73. 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
74. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
RESOLUTION NO. 2091 �
TENTATIVE TRACT MAP NO. 3019
PAGE 12
75. Submit an engineer's estimate of quantities for public improvements for review by
the City Engineer or designee.
76. Provide financial security for the following, to be based upon a construction cost
estimate approved by the City Engineer or designee:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements,
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey monuments.
This financial security may be waived if the developer's surveyor submits to
the Director of Public Works a letter assuring that all monumentation has
been set.
OTHER DOCUMENTATION
77. 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.
78. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the
City Engineer or designee with the final submittal of the Map.
PRIOR TO ISSUING A BUILDING PERMIT
79. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
80. Prior to issuance of a building permit, the applicant shall submit a final landscape
plan, subject to review by and approval of the Director of Recreation & Maintenance
Services Department, including street trees on Lots 5 through 8.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
81. All utilities shall be operational.
82. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities, may
be constructed after occupancy as directed by the City Engineer or designee.