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PC R 09-2076RESOLUTION NO. 09-2076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP AND CONDITIONAL CERTIFICATE OF COMPLIANCE NO. 08-002, AND VARIANCE CASE NO. 08-001 TO ADJUST LOT LINES FOR SEVEN (7) EXISTING NON-CONFORMING RESIDENTIAL LOTS WITH AN APPROXIMATE 12,000 SQUARE FOOT OPEN SPACE EASEMENT FOR THE PROTECTION OF OAK TREES FOR PROPERTY LOCATED BETWEEN MAY STREET AND PASEO PLACE WHEREAS, the Arroyo Grande Planning Commission has considered Tentative Tract Map and Conditional Certificate of Compliance 08-002, filed by Wayne and Heather Jensen, to adjust lot lines for seven (7) non-conforming lots, accessed by Paseo Place and May Street; and WHEREAS, the Arroyo Grande Planning Commission has considered Variance 08-001, filed by Wayne and Heather Jensen, to deviate from front yard setbacks for four lots on Paseo Place (Lots 19-22, Crown Hill Tract); and WHEREAS, the Arroyo Grande Planning Commission has held a public hearing on these applications in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the Arroyo Grande Planning Commission has found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith; and WHEREAS, the Arroyo Grande Planning Commission reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has determined that that environmental impacts associated with the project will be mitigated to less than significant as set forth in a draft Mitigated Negative Declaration dated December 16, 2008; and WHEREAS, the Arroyo Grande Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: Tentative Tract Map Findings: 1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of the Development Code and the proposed development may be approved as being not contrary to the public health. 2. The site, as shown on the Tentative Tract Map, is physically suitable for the type of development because the amount of grading will be reduced by identified building envelopes with decreased front yard setbacks and identified mitigation measures related to potential impacts have been set forth and are required to be implemented. RESOLUTION NO. 09-2076 PAGE 2 3. The site, as shown on the Tentative Tract Map, is physically suitable for the proposed density because all necessary easements, parking, open space, and setbacks can be provided or variance provided in accordance with the Development Code. 4. The design of the Tentative Tract Map or the proposed improvements are not likely to cause substantial damage to the natural environment, including fish, wildlife or their habitat because the site is not located immediately adjacent to a creek and an perpetual open space easement is being provided for the protection of oak trees. 5. The design of the subdivision or proposed improvements is not likely to cause public health problems. 6. The design of the Tentative Tract Map and 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. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7(commencing with Section 13000) of the California Water Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Variance Findings 1. The strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. lf required to provide a full twenty (20l foot front yard setback, the property owner would be required to pe�form extensive grading on a substandard lot. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. The lot in question differs from most lots in the Residential Suburban (RSl zoning district in that it is steeply sloped, unusually small and narrow. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone. RESOLUTION NO. 09-2076 PAGE 3 Other property owners in the Residential Suburban (RSl Zoning district have built single-family residences that do not provide twenty (201 feet of parking in front of thei� garages. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. Granting of the variance will allow the property owner to deve%p the lot in question in a similar manner to other lots in the Residential Suburban (RSl neighborhood. 5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. Deviation from the front yard setback would not affect the public health, safety or welfare, nor would it be materially injurious to other properties or improvements in the vicinity of the lot in question. Parking in the driveway apron will not block either the sidewalk, which ends at the apron, nor the on-street travel lane. 6. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. The granting of the variance would allow the property owner to deve%p a single-family residence while minimizing the amount of grading required for de ve%pmen t. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Tentative Tract Map No. 08-002 and Variance No 08-001. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. RESOLUTION NO. 09-2076 PAGE 4 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby adopts the mitigated negative declaration and approves Tentative Tract Map 08-002 and Variance 08-001 with the above findings and subject to the conditions of approval as set forth in Exhibit "A", and mitigation measures as set forth in Exhibit "B" both of which are attached hereto and incorporated herein by reference. On motion by Chair Ray, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Chair Ray, Commissioners Keen, Barneich & Ruth NOES: None ABSENT: None ABSTAIN: Commissioner Brown the foregoing Resolution was adopted this 3rd day of February 2009. ATTEST:. � � �� L N REARDON-SMITH, CAREN RA , HAIR SECRETARY TO THE COMMISSION R�'STRONG, \ COMMUNITY DEVE�OP ENT DIRECTOR RESOLUTION NO. 09-2076 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP/CONDITIONAL CERTIFICATE OF COMPLIANCE CASE NO. 08-002 VARIANCE CASE NO. 08-001 GENERAL CONDITIONS This approval authorizes the subdivision/lot line adjustment of a 1.4 -acre property for seven (7) residential lots and one open space easement consisting of approximately 11,600 square ft. 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 Tentative Tract Map/Conditional Certificate of Compliance 08-002 and Variance 08-001. 3. This tentative tract map approval shall automatically expire on January 15, 2011 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall occur in substantial conformance with the tentative tract map presented to the Planning Commission at the meeting of January 15, 2008 and marked Exhibit "C" except as modified by these conditions of approval. 5. The applicant shall, as a condition of approval of this vesting tentative tract 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. A Mitigated Negative Declaration has been adopted for this project. The Mitigation Monitoring and Reporting Program ("MMRP") for the project is attached hereto in Exhibit "B" and incorporated herein by this reference. Mitigations stated in the MMRP shall be implemented as conditions of project approval and shall be monitored by appropriate City departments and other responsible agencies as indicated in Exhibit "B". The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Any and all costs incurred by City in implementing and monitoring the MMRP shall be paid for, and the responsibility of the applicant according to the City's master fee schedule. RESOLUTION NO. 09-2076 PAGE 6 COMMUNITY DEVELOPMENT DEPARTMENT SPECIAL CONDITIONS 7. OPEN SPACE EASEMENT - Concurrent with recordation of the final map, a permanent open space agreement over portions of Lots 2-6 as approved by the Planning Commission on February 3, 2009 and shall be recorded on the properties. Said easement shall be in favor of the public and the City and shall prohibit all structures, grazing, grading, filling or vegetation removal except fire prevention and except as may be required for City-approved infrastructure. Said easement shall be subject to the approval of the Community Development Director and the City Attorney. 8. AFFORDABLE HOUSING - Consistent with the City's Housing Element policies, the project shall restrict one unit, to qualified families earning a moderate-income (based on the City's affordable housing standards). As an option, the developer may pay an affordable housing in-lieu fee equal to fifteen percent (15%) of the project or 1 unit. 9. NOISE - Construction shall be limited to between the hours of 7am and 5pm Monday through Friday; and between 8am and 5pm on Saturday. No construction shall occur on Sunday. DEVELOPMENT CODE 10. Development shall conform to the Residential Suburban (RS) zoning requirements except as otherwise approved (including front yard setback is 10 ft. from edge of pavement). 11. The applicant shall comply with Development Code Chapter 16.20, "Land Divisions" except where otherwise approved herein. 12. The applicant shall comply with those portions of the Development Code Chapter 16.64, "Dedications, Fees and Reservations". PARKS AND RECREATION DEPARTMENT CONDITIONS 13. The Applicant shall comply with the provisions of the City's Tree Ordinance and shall use locally raised oak tree seedlings placed in deep root tubes in place of fifteen (15) gallon mitigation trees at a ratio of 9:1. Any and all potentially impacted trees as determined by a certified arborist shall require a tree removal permit. RESOLUTION NO. 09-2076 PAGE 7 BUILDING AND FIRE DEPARTMENT CONDITIONS CBC/CFC 14. The project shall comply with the most recent editions of the California Building and Fire Codes as adopted by the City of Arroyo Grande. FIRE LANES 15. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 16. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration of 2 hours. 17. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet apart, per Fire Department and Public Works Department standards or alternate provisions or locations shall be approved by the Fire Chief. FIRE SPRINKLERS 18. All units must be fully sprinklered per Building and Fire Department guidelines. ABANDONMENT/NON-CONFORMING 19. Prior to issuance of grading permit or a building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 20. Prior to recordation of the final map, the applicant shall record a deed restriction or other instrument as approved by the City Attorney, for lots 1, 2 and 7 requiring that said lots may not be sold, conveyed or developed until all structures overlying lot lines are removed. r— � RESOLUTION NO. 09-2076 PAGE 8 PUBUC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. PUBLIC WORKS DEPARTMENT SPECIAL CONDITIONS 21. Pay the proportionate share of the following sanitary sewer capital projects: • Tally Ho Sewer Upgrade (Lots 3, 4, 5, and 6), • Fair Oaks Sewer Upgrade (all lots). 22. Provide separate sewer laterals for Lots 1, 2, and 7 prior to obtaining a building permit: Individual laterals are already installed for Lots 3, 4, 5, and 6. 23. Provide separate water services for Lots 1, 2, and 7 prior to obtaining a building permit: Individual services are already installed for Lots 3, 4, 5, and 6. 24.Obtain a"will serve" letter from the South San Luis Obispo County Sanitation District. 25. Street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way, except that street tree easements shall exclude the area covered by public utility easements. 26. Prior to recordation of the final map, the applicant shall record a deed restriction or other instrument as approved by the City Attorney, for lots 1, 2 and 7 requiring that said lots may not be sold, conveyed or developed until curb, gutter, and sidewalk on the May Street frontage is installed. The grades and alignments shall match existing and be subject to the review and approval of the Director of Public Works. 27. Prior to recordation of the final map, the applicant shall record a deed restriction or other instrument as approved by the City Attorney, for lots 1, 2 and 7 requiring that said lots may not be sold, conveyed or developed until overhead utility lines within the May Street frontage are placed under ground. PUBLIC WORKS DEPARTMENT GENERAL CONDITIONS 28. 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. 29. 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 RESOLUTION NO. 09-2076 PAGE 9 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 30.A11 project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 31. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 32. 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. 33.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 34. 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. 35.Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 36. 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. RESOLUTION NO. 09-2076 PAGE 10 WATER 37. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 38. 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. 39. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 40. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing off- site high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee of $5,945.95 for each acre-foot of anticipated water use. SEWER 41.A11 sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 42. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. PUBLIC UTILITIES 43.A Public Utility Easement (PUE) shall be offered for dedication for Paseo Place in accordance with the Paseo Street Design Guidelines. 44. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 45. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. 46. Underground improvements shall be installed prior to street paving. RESOLUTION NO. 09-2076 PAGE 11 47. 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. 48. Submit the Final Map to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. STREETS 49.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. 50.A11 trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 51.A11 street repairs shall be constructed to City standards. 52. 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. CURB, GUTTER, AND SIDEWALK 53. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 54.Install deep root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 55. Perform all grading in conformance with the City Grading Ordinance. 56. 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. 57. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. RESOLUTION NO. 09-2076 PAGE 12 DRAINAGE 58.A11 drainage facilities shall be designed in accordance with City standards to accommodate a 100-year storm flow. The applicant shall install a City standard drop inlet with fossil filter, discharge pipe, and energy dissipater at the downstream end of the existing cross-gutter at the end of Paseo Place subject to approval of the Director of Public Works. DEDICATIONS AND EASEMENTS 59.Offer for dedication: provide a public pedestrian and bicycle path and emergency access easement on Paseo Place as depicted on the Tentative Tract Map coinciding with the private access easements for Paseo Place. 60.A11 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. 61.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. PERMITS 62. 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. 63.Obtain a grading permit prior to commencement of any grading operations on site. FEES 64. Pay all required City fees at the time they are due. 65. 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. RESOLUTION NO. 09-2076 PAGE 13 AGREEMENTS 66.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. 67.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 68. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 69. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 70. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: 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 71.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. 72. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 73. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. RESOLUTION NO. 09-2076 PAGE 14 PRIOR TO ISSUING A BUILDING PERMIT 74. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 75.A11 utilities shall be operational. 76.A11 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. 77. 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. 09-2076 PAGE 15 EXHIBIT "B" MITIGATION MEASURES TENTATIVE TRACT MAP/CONDITIONAL CERTIFICATE OF COMPLIANCE CASE NO. 08-002 VARIANCE CASE NO. 08-001 I. AIR QUALITY Short Term: In addition to the anticipated vehicle trips generated in conjunction with the project, future construction activities would generate dust, which could be a significant short-term impact to air quality. The following mitigation measures will reduce dust generation caused by potential construction activities to a less than significant level: MM-III-1. 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. MM-III-2. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. MM-III-3. 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. MM-III-4. 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. MM-III-5. Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to grading permit issuance II. BIOLOGICAL RESOURCES Oak Woodland: There is a native oak grove that wraps on the top of Crown Hill. One oak tree is proposed to be removed, and additional mitigation measure will reduce construction-related impacts to the oak grove to less than significant levels. RESOLUTION NO. 09-2076 PAGE 16 MM-IV-1 Any impacted oak trees are required to be replaced at a 9:1 ratio with local coastal live oak tree seedlings with deep root planters in the proposed open space area. MM-IV-2. Fencing shall be installed around each oak tree or cluster of oak trees adjacent to any grading and/or construction areas. This fencing shall be located a minimum of 1.5 times the dripline (distance from trunk to outermost canopy) of the tree or cluster of trees. The fencing shall be installed prior to any site clearing or grading activities, and shall remain in place until construction is complete. The fence shall be a minimum of 4' tall and supported by stakes at least every 10' on center. Weatherproof signs shall be permanently posted on the fences, stating the following: "Tree Protection Zone. No personnel, materials or vehicles allowed. Do not move or remove this fence." MM-IV-2. All trees designated for removal shall be clearly marked with either brightly colored ribbon or paint. All tree removals require approval of the Parks, Recreation and Facilities Department. MM-IV-3. The applicant shall retain a certified arborist during grading and construction activities to ensure that all mitigation measures relating to tree protection are implemented. MM-IV-5. Prior to removal of any trees, a survey shall be conducted by a qualified biologist to determine if any nesting birds will be impacted by construction-related activities. If any nesting birds are found, tree removal shall be conducted outside of breeding season (September to February) and a"no construction" buffer of at least 100' shall be established around the nesting areas until such time that a qualified biologist determines that the nesting areas are no longer occupied. Creek Future building in conjunction with the project may introduce light and glare into the nearby riparian area across Paseo Street causing a potential impact to species within the riparian habitat. MMIV-6. All lighting on the subject property should be directed away from the creek and night lighting should be kept to the minimum necessary for safety puposes. Decorative lighting should be of an intensity of 25 watts or less. RESOLUTION NO. 09-2076 PAG E 17 Analysis of Significance: Potentially significant impact unless mitigation incorporation Monitoring: Review of application for building permits Responsible Department: Building and Fire Department Department of Parks and Recreation Timeframe: Prior to issuance of building permits III. CULTURAL RESOURCES The property is not located in an area that has been identified as a known site for cultural resources. A portion of the property has previously been graded for development, and it is unlikely that any cultural resources are present on the site; however, the following mitigation measure is required to ensure that the project will have a less than significant effect on cultural resources: MM-V-1. 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." Monitoring: Building permit applicants shall include note on submitted building plans Responsible Department: Public Works Department Timeframe: Prior to issuing a grading permits IV. GEOLOGY AND SOILS Gradinq and Erosion The portion of the site proposed for development has been graded in the past. A large flat terraced area was created on proposed Lot 3 along with an asphalt driveway runs north and south. To minimize erosion, building pads are proposed on the bottom portion of the hillside adjacent to Paseo Street and May Street as identified on the proposed plans. However, because of the high potential for further erosion of fill areas, all existing features at the site subject to slippage and erosion must be repaired, and drainage devices and corrective grading must be incorporated to prevent the uncontrolled concentration of surface runoff. Analysis of Significance: Less than significant as conditioned Mitigation Measure: RESOLUTION NO. 09-2076 PAGE 18 1. The applicant shall submit a preliminary soils report. Monitoring: The applicant shall submit a preliminary soils report Responsible Department: Public Works Department Timeframe: Prior to issuing a grading permit V. HAZARDS AND HAZARDOUS MATERIALS The project will place residences adjacent to wildland areas, potentially exposing both people and structures to wildland fires. The following mitigation measure will reduce the risk of exposure to wildland fires to a less than significant level: MM-VII-1.The applicant shall submit a fuel modification plan, subject to review and approval by the Community Development Director and Fire Chief. Analysis of Significance: Potentially significant impact unless mitigation incorporation VI. HYDROLOGY AND WATER QUALITY Mitigation VIII-1. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by payment of a water neutralization fee. Monitoring: Payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit Drainaqe: Development of the currently vacant site will increase impervious surfaces, which in turn will change absorption rates and increase the amount of run-off. Detailed drainage calculations will be reviewed as part of the plan check process for future building permits. Analysis of Significance: Potentially significant unless mitigated Mitigation Measure: VIII-2. As part of the tract improvements plan check, the applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing and upgraded facilities to the satisfaction of the Director of Public Works. Monitoring: Review of tract improvement and grading plans Responsible Department: Public Works Department Timeframe: Prior to acceptance of tract improvements for construction �"� I I � o� EXHIBIT C � o, i � � � ti.. � . � �SQ Z I�-� ` I 1 � ,05'�9 �OO:6Z \ � \� M��00�00 �� �' a�ua� r ti � m � = � <-+ ,� ° ` 1, � � 0 - � � a ` r j 1 ° O- 3 �� �� � � \ � � � � o ° � � oI �, � ' �i � � � -'� ���:` ;�: ::.�.:: .� � � �,� . . .. o � . � � s .�`:;:., . �.hnr�fal.�ap ::o�;. c � `\, \ '�'� I ' a . 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