PC R 07-2030� RESOLUTION NO. 07-2030
A RESOLUTION OF THE PLANNING COMMISSfON OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE
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. 07-2030
PAGE 2
On motion by Commissioner Marshall, seconded by Commissioner Keen, and by the following
roll call vote, to wit:
AYES: Commissioners Marshall, Keen, and Chair Ray
NOES: Commissioners Barneich and Tait
ABSENT: None
the foregoing Resolution was adopted this 14 day of April 2007.
ATTEST:
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KATHY NDOZA FO YN REARDON-SMITH, CAREN RAY� CHAIR
COMMISSION CLERK � �
AS TO CONT -N :
KELL H �ERNON,
AC G COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO. 07-2030
PAGE 3
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EXHIBIT "A"
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.
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 Plot Plan Review Case No.
06-009.
3. This application shall automatically expire on 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 April 17, 2007 and marked Exhibits "B1 — B3".
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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6. Development shall conform to the Residential Rural (RR) zoning requirements except as
otherwise approved.
7. Setbacks shall be as shown on the development plan except as specifically modified by
these conditions.
RESOLUTION NO. 07-2030
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 fixtures 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.
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.
14. Lierly Lane shall be improved along the property boundary.
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.
18. The retention basin shall be redesigned to accommodate the sidewalk extension.
RESOLUTION NO. 07-2030
PAG E 5
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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.
28. The following Improvement plans shall be prepared by a registered Civil Engineer and
approved by the Public Works Department:
RESOLUTION NO. 07-2030
PAGE 6
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.
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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34.
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.
35. Fees to be paid prior to plan approval:
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.
RESOLUTION NO. 07-2030
PAG E 7
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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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Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
Underground improvements shall be installed prior to street paving.
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.
STREETS
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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.
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.
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.
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
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 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
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46. Perform all grading in conformance with the City Grading Ordinance.
RESOLUTION NO. 07-2030
PAGE 8
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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49. All drainage facilities shall be in accordance with the Drainage Master Plan.
50. 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.
53. The applicant shall dedicate the appropriate right of way for the extension of East
Cherry Avenue.
54. 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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56. Obtain a grading permit prior to commencement of any grading operations on site.
A R M NTS
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.
RESOLUTION NO. 07-2030
PAGE 9
IMPROVEMENT SEGLIRITIES
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.
MITI ATION 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.
RESOLUTION NO. 07-2030
PAGE 10
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.
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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:
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.
RESOLUTION NO. 07-2030
PAGE 11
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 two 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.
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: Applicant
Monitoring Agency: City of Arroyo Grande - Public Works Dept., Building
and Fire Department
Timing: 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.
RESOLUTION NO. 07-2030
PAGE 12
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:
. 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: Applicant
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: 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.
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RESOLUTION NO. 07-2030
PAGE 13
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:
Timeframe:
Applicant
City of Arroyo Grande — CDD, Public Works Dept.
During construction
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:
Monitoring Agency:
Timeframe:
Applicant
City of Arroyo Grande — Public Works Dept.
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: Applicant
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of Building Permit
RESOLUTION NO. 07-2030
PAG E 14
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:
Monitoring Agency:
Timeframe:
Applicant
City of Arroyo Grande —Public Works Dept.
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
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:
Monitoring Agency:
Timing:
Applicant
City of Arroyo Grande — Public Works Dept.
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.
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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