PC R 07-2035RESOLUTION NO. 07-2035
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
` OF ARROYO GRANDE APPROVING PLOT PLAN REVIEW CASE
NO. 06-009, LOCATED AT 795 EAST CHERRY AVENUE,
APPLIED FOR BY TONY JANOWICZ
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an
application for Plot Plan Review Case No. 06-009, filed by Tony Janowicz, to remove an
existing residence and accessory structures and construct a new residence and garage;
and
WHEREAS, the Planning Commission has held a public hearing on this application in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that a
Mitigated Negative Declaration can be adopted; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
FINDINGS FOR APPROVAL
Plot Plan Review Findings:
1. The proposed project is consistent with the goals, objectives, policies and
programs of the Arroyo Grande General Plan. The proposed single-family
residence meets all Development Code requirements for the Residential Rural
(RR) zoning district.
2. The proposed project conforms to applicable performance standards and will not
be detrimental to the public health, safety or general welfare. The project approval
is subject to all applicable requirements of the Municipal Code, thereby conforming
to applicable performance standards. The project will not be detrimental to the
public health, safety or welfare.
3. The physical location or placement of the use on the site is compatible with the
surrounding neighborhood. The replacement house will be placed further back on
the lot to provide greater distance between the residential use and adjacent
agricultural operations.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Plot Plan Review Case No. 06-009, with the above
findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
RESOLUTION NO. 07-2035
PAGE 2
On motion by Commissioner Marshall, seconded by Chair Ray, and by the following roll
call vote, to wit:
AYES: Commissioner Marshall, Chair Ray, and Commissioner Keen
NOES: Commissioner Barneich
ABSENT: Commissioner Tait
the foregoing Resolution was adopted this 19 day of June 2007.
ATTEST:
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LY REARDON-SMITH,
SECRETARY TO THE COMMISSION
AS TO CON ENT: --
KELLY FFE N,
ACTIN COMMUNITY DEVELOPMENT DIRECTOR
CAREN RAY,
RESOLUTION NO. 07-2035
PAGE 3
EXHIBIT "
CONDITIONS OF APPROVAL
PLOT PLAN REVIEW CASE NO. 06-009
Tony Janowicz
795 East Cherry Avenue
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This approval authorizes the removal of an existing 815 square foot single-family
residence and accessory structures on the project site and construction of a new 1,881
square foot residence and garage further back on the property.
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The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
The applicant shall comply with all conditions of approval for Plot Plan Review
Case No. 06-009.
3. This application shall automatically expire on June 19, 2009 unless a building
permit is issued. 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 June 19, 2007 and marked Exhibits
"B 1 — 63".
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
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Development shall conform to the Residential Rural (RR) zoning requirements
except as otherwise approved.
Setbacks shall be as shown on the development plan except as specifically
modified by these conditions.
RESOLUTION NO. 07-2035
PAGE 4
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8. Construction activities shall be restricted to the hours of 8:00 AM to 5:00 PM
Monday through Friday. There shall be no construction activities on Sundays.
Interior finish work is allowed on Saturdays that does not include hammering, the
use of power tools or any other noise generating activities. On-site equipment
maintenance and servicing shall be confined to the same hours (see also MM
8.1).
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9. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters and hot water recirculating systems. Water
conserving designs and fi�ures shall be installed prior to final occupancy.
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10. The applicant agrees to not contest the formation of an assessment district for
improvements to East Cherry Avenue and Lierly Lane.
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11. Similar to MM 2.2, a landscaped agricultural buffer shall be installed along the
southern property line. Prior to issuance of building permit, the applicant shall
submit a final landscape and irrigation plan to be reviewed and approved by the
Community Development Department and the Parks, Recreation and Facilities
Department.
12. Access shall be from Lierly Lane.
13. East Cherry Avenue shall be improved to City standards along the property
boundary (the applicant has the option of bonding for street improvements prior
to issuance of building permit).
14. Lierly Lane shall be improved along the property boundary (the applicant has the
option of bonding for street improvements prior to issuance of building permit).
15. The applicant shall submit a Phase I archaeological surface survey prior to any
grading activities.
16. Consistent with the adjacent Cherry Creek project, the applicant shall extend the
six foot (6') tall no climb wire fence along the south side of the improved East
Cherry Avenue adjacent to the Agricultural Preserve property from the west
project property line to east side of Lierly Lane.
17. A copy of these conditions shall be incorporated into all construction documents.
RESOLUTION NO. 07-2035
PAGE 5
18. The retention basin shall be redesigned to accommodate the sidewalk extension.
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19. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
PRIOR TO ISSUING A BUILDING PERMIT:
20. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
21. A demolition permit must be applied for, approved and issued. An approval letter
from the San Luis Obispo County Air Pollution Control District (APCD) is required
prior to issuance of a demolition permit.
PRIOR TO OCCUPANCY:
22. The replacement residence must be fully sprinklered per Building and Fire
guidelines.
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23. Perform construction activities during normal business hours (Monday through
Friday, 8 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.
24. Install deep tree root barriers for all trees planted adjacent to water, sewer and
storm drainage lines and curb, gutter & sidewalk.
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All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
27. 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.
RESOLUTfON NO. 07-2035
PAGE 6
28. 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
Works.
by the Director of Public
29. 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.
30. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
31. 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. 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.
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32. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
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All grading shall be done in accordance with the City Grading Ordinance.
The applicant shall pay all applicable City fees at the time they are due.
Fees to be paid prior to plan approval:
RESOLUTION NO. 07-2035
PAGE 7
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction
cost estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Inspection fee of public works construction plans based on an approved
construction cost estimate.
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36. Once City sewer is available, the applicant shall properly abandon the existing
private septic system and the new residence shall hook up to the City's sanitary
sewer system (see also MM 13.1).
37. All sewer laterals within the public right of way must have a min. slope of 2%.
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38. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
39. Underground improvements shall be installed prior to street paving.
40. 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.
41. Prior to approving a building permit, all public utilities shall be operational:
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42. 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.
43. 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.
44. Similar to MM 12.1, Lierly Lane shall be improved along the project boundary as
follows (the applicant has the option of bonding for street improvements prior to
" issuance of building permit):
■ 20 feet street width from curb to curb.
■ Concrete curb and gutter on project side of the street.
■ 21 feet wide right-of-way.
45. Similar to MM 12.2, the extension of East Cherry Avenue shall be designated as
a local street and shall adhere to the following design standards (the applicant
has the option of bonding for street improvements prior to issuance of building
permit):
RESOLUTION NO. 07-2035
PAGE 8
■ 25 MPH design speed
■ 32 feet street width from curb to curb.
■ Concrete curb, gutter and sidewalk on project side of the street.
■ Traffic index of 6.5
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46. Perform all grading in conformance with the City Grading Ordinance.
47. 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. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
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50.
All drainage facilities shall be in accordance with the Drainage Master Plan.
The applicant shall retain all increased stormwater on-site.
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51. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
52. 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.
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The applicant shall dedicate the appropriate right of way for the extension of
East Cherry Avenue.
The applicant shall widen the private access easement for Lierly Lane to 21 feet.
55. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
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RESOLUTION NO. 07-2035
PAGE 9
56. Obtain a grading permit prior to commencement of any grading operations on
site.
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57. 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.
IMPROVEMENT SEGURITIES
58. All bonds or. security shall be in a form acceptable to the City, and shall be
provided prior to issuance of building permit, unless noted otherwise. The
Improvement securities shall be such that they shall not expire until the City
accepts the improvements.
59. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
60. Provide bonds or other 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.
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61. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the dedication documents.
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62. All utilities shall be operational.
63. 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.
RESOLUTION NO. 07-2035
PAGE 10
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 2.1: Future property owners must sign a Real Estate Transfer
Disclosure indicating that they acknowledge and agree to the provisions
contained in the City's Right-To-Farm Ordinance. A deed restriction shall be
placed on the property indicating this requirement.
Responsible Party:
Monitoring Agency:
Timing:
Applicant; Real Estate Agent
City of Arroyo Grande — CDD
Prior to close of escrow
MM 2.2: The applicant shall submit a final landscape plan for the agricultural
buffer, prepared by an environmental specialist or professional biologist familiar
with agricultural buffers, to be reviewed and approved by the Community
Development Department and the Parks, Recreation and Facilities Department
to ensure that the plant selection provides effective and appropriate screening
with fast growing evergreen trees and shrubs. The final landscape plan shall be
consistent with the "Landscape Ag Buffer Plan" prepared by Firma for the project
site, dated January 29, 2007, on file in the Community Development
Department. The final landscape plan shall include additional species other than
Bottlebrush.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — CDD, PR&F (Parks,
Recreation and Facilities Dept.)
Timing: Prior to issuance of building permit.
MM 2.3: A deed restriction shall be placed on the property indicating that the
property owner(s) shall maintain the landscape buffer and that plants shall not be
removed unless diseased or dead. If any plants are removed, they shall be
replaced in kind.
Responsible Party:
Monitoring Agency:
Timing:
Property owner(s); Real Estate Agent
City of Arroyo Grande — CDD
Prior to close of escrow.
Constr�ction Pha�e Emiscionc
The project shall comply with all applicable Air Pollution Control District (APCD)
regulations pertaining to the control of fugitive dust (PM�o) as contained in section
6.5 of the Air Quality Handbook. All site grading plans shall list the following
regulations:
RESOLUTION NO. 07-2035
PAGE 11
MM 3.1: All dust control measures listed below (MM 3.2 — 3.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site.
MM 3.2: During construction, water trucks or sprinkler systems shall be used
to keep all areas of vehicle movement damp enough to prevent airborne dust from
leaving the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Reclaimed (non-potable) water shall be used whenever
possible.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation.
MM 3.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least finro feet of freeboard (minimum vertical
distance between top of load and top of trailer) in accordance with CVC Section
23114.
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 3.6: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water shall be used
where feasible.
MM 3.7: To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's specifications. The measures below (MM 3.8 — 3.10) shall be
clearly identified in the project bid specifications so the contractors biding on the
project can include the purchase and installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty
diesel engines.
RESOLUTION NO. 07-2035
PAGE 12
MM 3.10: Unless otherwise approved by APCD, the developer shall install
catalytic diesel particulate filters or Diesel oxidation catalyst on one (1) pieces of
construction equipment involved in primary earth moving and construction activities
and projected to generate the greatest emissions.
MM 3.11: The applicant shall obtain an approval letter for demolition from the San
Luis Obispo County Air Pollution Control District (APCD) prior to issuance of a
demolition permit.
Responsible Party:
Monitoring Agency:
Timing:
Applicant
City of Arroyo Grande - Public Works Dept.,
Building and Fire Department
Prior to issuance of Demolition Permit, Grading
Permit and during construction
MM 5.1. The applicant shall submit a phase I cultural resource surface survey
prepared by a qualified archaeologist.
Responsible Party:
Monitoring Agency:
Timeframe:
Applicant
City of Arroyo Grande — CDD
Prior to issuance of demolition or grading permit
MM 5.2. The note below shall be placed on the grading and improvement plans
for the project:
"In the event that during grading, construction or development of the
project, and archeological 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 (781-4513) shall be
contacted immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of grading permit/during
grading activities
MM 6.1: A project-specific soils report shall be prepared by a registered civil
engineer as required by the City's Grading Ordinance, and the recommendations
of that report shall be incorporated in the design and construction of the
proposed project. Final improvement plans submitted to the City shall be
accompanied by a letter of certification from the civil engineer that the plans are
in conformance with the soils report, and the certification shall confirm that the
plans include the following:
RESOLUTION NO. 07-2035
PAG E 13
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. The project shall be designed to withstand ground shaking
associated with a large magnitude earthquake on nearby active
faults.
. All proposed structures shall be designed to conform to the most
recent Uniform Building Code (UBC) Zone 4 guidelines.
. The project shall comply with the requirements of .the City's
Grading Ordinance.
. Site-specific specifications regarding clearing, site grading and
preparation, footings, foundations, slabs-on-grade, site drainage,
and pavements or turf block shall be delineated.
Responsible Party:
Monitoring Agency:
Timeframe:
Applicant
City of Arroyo Grande — Public Works Dept.
Prior to issuance of Grading Permit
MM 6.2: Prior to issuance of a Grading Permit for the project, the applicant shall
prepare and submit a grading and erosion control plan in compliance with the
City's Grading Ordinance for review and approval by the Public Works
Department. The plan shall be prepared by a civil engineer to address both
temporary and long-term sedimentation and erosion impacts.
Responsible Party:
Monitoring Agency:
Timeframe:
Applicant
City of Arroyo Grande — Public Works Dept.
Prior to issuance of Grading Permit
MM 8.1: Construction activities shall be restricted to the hours of 8:OOAM to 5:00
PM Monday through Friday. There shall be no construction activities on
Sundays. Interior finish work is allowed on Saturdays that does not include
hammering, the use of power tools or any other noise generating activities. On-
site equipment maintenance and servicing shall be confined to the same hours.
MM 8.2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
Responsible Party:
Monitoring Agency:
Dept.
Timeframe:
Applicant
City of Arroyo Grande — CDD, Public Works
During construction
RESOLUTION NO. 07-2035
PAGE 14
MM 12.1: Lierly Lane shall be improved along the project boundary as follows
(the applicant has the option of bonding for street improvements prior to issuance
of building permit):
■ 20 feet street width from curb to curb.
■ Concrete curb and gutter on project side of the street.
■ 21 feet wide right-of-way.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 12.2: The extension of East Cherry Avenue shall be designated as a local
street and shall adhere to the following design standards (the applicant has the
option of bonding for street improvements prior to issuance to building permit):
■ 25 MPH design speed
■ 32 feet street width from curb to curb.
■ Concrete curb, gutter and sidewalk on project side of the street.
■ Traffic index of 6.5
Responsible Party:
Monitoring Agency:
Timeframe:
Applicant
City of Arroyo Grande — Public Works Dept.
Prior to issuance of Building Permit
MM 13.1: Once City sewer is available, the applicant shall properly abandon the
existing private septic system and the new residence shall hook up to the City's
sanitary sewer system.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande —Public Works Dept.
Timeframe: Twenty-four (24) months after City sewer is
available
MM 13.3: The applicant shall pay the City's sewer hookup and SSLOCSD impact
fees.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.;
Public Works Dept.
Timeframe: Prior to sewer hookup
MM 13.4: The applicant shall pay the project's proportional share for upgrading
the Fair Oaks sewer main.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.;
Public Works Dept.
Timeframe: Prior to sewer hookup
RESOLUTION NO. 07-2035
PAGE 15
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MM 14.1: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City
Water Conservation Plans.
Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.2: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Responsible Party:
Monitoring Agency:
Timing:
Applicant
City of Arroyo Grande —Building Dept.
Prior to issuance of a Certificate of Occupancy
MM 14.3: The final landscape plan shall show low-water use species and drip
irrigation system rather than a spray irrigation system.
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Responsible Party: Applicant
Monitoring Agency: City of Arroyo Grande — Parks, Recreation and
Facilities Dept.
Timing: Prior to issuance of Building Permit
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