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PC R 06-1993RESOLUTION NO. 06-1993 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING VESTING TENTATIVE PARCEL MAP NO. 05-002 AND CONDITIONAL USE PERMIT NO. 05-007 FOR PROPERTY LOCATED AT 1375 EAST GRAND AVENUE, APPLIED FOR BY COURTLAND VILLAGE, LLC WHEREAS, the Planning Commission of the City of Arroyo Grande has considered applications for Vesting Tentative Parcel Map No. 05-002 and Conditional Use Permit No. 05-007, filed by Courtland Village, LLC for construction of two (2) single story commercial buildings totaling 11,020 square feet; 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 Tentative Parcel Map Findings: 1. The proposed Vesting Tentative Parcel Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan and the requirements of the Development Code. 2. The design of the Vesting Tentative Parcel Map is not likely to cause substantial environmental damage or substantially and avoidably injury to fish or wildlife or their habitat. 3. The design of the subdivision or proposed improvements is not likely to cause public health problems. 4. The discharge of waste from the project into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 5. Adequate public services and facilities exist or will be provided as a result of the proposed Vesting Tentative Parcel Map to support project development. 6. The site is physically suitable for the type of development that exists in the Gateway Mixed Use (GMU) zoning district. RESOLUTION NO. 06-1993 PAG E 2 7. The design of the Vesting Tentative Parcel Map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed Vesting Tentative Parcel Map. Conditional Use Permit Findings: 1. The proposed use is permitted within the Gateway Mixed Use (GMU) district pursuant to Section 16.16.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 3. The site is suitable for proposed because all the would be provided. the type and intensity of use or development that is necessary easements, circulation, parking and setbacks 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. 6. Site-specific property development standards are needed to make the project consistent with the intent of the Mixed Use provisions of the Development Code. 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 Vesting Tentative Parcel Map No. 05-002 and Conditional Use Permit No. 05-007. 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 Planning Commission finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. RESOLUTION NO. 06-1993 PAGE 3 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Vesting Tentative Parcel Map No. 05-002 and Conditional Use Permit No. 05-007, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Parker, seconded by Commissioner Fellows, and by the following roll call vote, to wit: AYES: Commissioner Parker, Fellows� Ray,and Chair Brown NOES: None �� ABSENT: None the foregoing Resolution was adopted this 7 day of March 2006. ATTEST: rL�E'��'� ,p�� LY REARDON-SMITH, SECRETARY TO THE COMMISSION TIM BR � WN, CHAIR AS TO CONTENT: o-"" KELL E NON, ACT G COMMUNITY DEVELOPMENT DIRECTOR I �� RESOLUTION NO. 06-1993 PAGE 4 Exhibit "A" CONDITIONS OF APPROVAL VESTING TENTATIVE PARCEL MAP NO. 05-002 AND CONDITIONAL USE PERMIT NO. 05-007 Courtland Village, LLC 1375 East Grand Avenue • ►i �i ► r � • ' ►i ► � _ : ►i ► ► :� •►� •► This approval authorizes the construction of two (2) commercial buildings totaling 11,020 square feet. 1 2 3. This application shall automatically expire on March 7, 2008 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 March 7, 2006 and marked Exhibits "B1 — B5". 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. 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 Vesting Tentative Parcel Map No. 05-002 and Conditional Use Permit Case No. 05-007. � •�►i ► •� C� 7 Development shall conform to the Gateway Mixed Use (GMU) zoning requirements except as otherwise approved. Signage shall be subject to the requirements of Development Code Chapter 16.60 0 Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. RESOLUTION NO. 06-1993 PAGE 5 � �� 9. All parking spaces adjacent to a wall, fence, or property line shall have a minimum width of 11 feet. I�C�7[.9q 10. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall occur on Sunday. . ► 11. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. �: : 12. 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 occupancy. • � �: 13. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of masonry or concrete with an exterior finish that complements the architectural features of the main buildings. The trash enclosure area shall accommodate recycling container(s). 14. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. - : •►� �T�� 15. The project shall provide five (5) bicycle parking spaces in a location acceptable to the Community Development Director. 16. The landscape strip on the southeast side shall be widened and/or climbing vines added on the fence to screen the project from the adjacent mini storage units. Landscaping shall also be increased around the trash enclosure area. 17 18 The project shall provide a trellis with vines to replace the window on the south side of the Sesloc building. . Vines or trees shall be planted behind Building "D" for screening. 19. The Architectural Review Committee (ARC) shall review and approve final plans for signage, awnings, colors and materials, landscaping and architectural detailing of the buildings. RESOLUTION NO. 06-1993 PAGE 6 20. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view behind the parapets, or with materials architecturally compatible with the main structure. 21. No left turn movements shall be allowed out of the project site on to East Grand Avenue. Appropriate signage shall be posted and a planted flare median shall be installed to discourage illegal left turn movements. 22. A landscaped median shall be installed between the property to the east and the project site beginning approximately 75' from East Grand Avenue. 23. The two parking spaces located on the north side of the project next to the monument sign shall be reserved for bicycle and/or motorcycle parking only; include striping to leave room for cars to back up. PRIOR TO ISSUING A BUILDING PERMIT: 24. The Community Development Director shall approve plans for the trash enclosures. The lease agreement shall include a clause encouraging recycling. 25. The applicant shall submit details of all proposed fencing and retaining walls to be approved by the Community Development Director. Any fence, wall, or combination thereof exceeding eight feet (8') in height shall require a Variance approved by the Planning Commission. 26. All walls, including screening and retaining walls, shall be compatible with the approved architecture and Development Code Standards, subject to the review and approval of the Community Development Director. 27. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surFaces and curbs; 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. 4. The selection of groundcover plant species shall include native plants. 5. Linear planters shall be provided in the parking area. RESOLUTION NO. 06-1993 PAGE 7 �,� �� PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 28. Development shall comply with Development Code Sections 16.48.O10, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 29. The developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 30. Alt electrical panel boxes shall be installed inside the building. '::. _► � : : _ •► � '_: ►I ► •► � •► � 31 32 The applicant shall comply with the provisions of the Community Tree Ordinance. Linear root barriers shall be used at the front of the project to protect the sidewalks. 33. All street front trees shall be 24-inch box. ' • � ' � � 11 ► PRIOR TO ISSUING A BUILDING PERMIT: 34. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 35. 36. 37 The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. The applicant shall post handicapped parking, per Police Department requirements. � � � ► � : � ' • : 11 ► 38. 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. RESOLUTION NO. 06-1993 PAGE 8 39. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 40. The project shall provide a 35-foot inside turning radius for all fire lanes. 41. The project shall have a fire flow per the latest version of the California Fire Code. PRIOR TO ISSUING A BUILDING PERMIT: 42. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 43. A demolition permit must be applied for, approved and issued. An approval letter from the San Luis Obispo County Air Pollution Control Board (APCD) is required prior to issuance of a demolition permit. PRIOR TO OCCUPANCY: 44. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 45. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 46. Fire hydrants shall be installed, per Fire Department and Public Works Department standards. The project shall connect to the existing Fire Department connection on Courtland Street. 47. The buildings must be fully sprinklered per Building and Fire guidelines. � • : . � ' � : ►i ► ► C � 11 ' C • 1l ► : � C 11 ► 48. Site Maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works. 49. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for 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. RESOLUTION NO. 06-1993 PAGE 9 50. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 51. Ee�s. - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exac�ions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approvat or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. RESOLUTION NO. 06-1993 PAGE 10 (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. 52. 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. SPECIAL 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. 53 54 55 56 57 The applicant shall pay the proportionate share to the Ash Street Sewer Upgrade The applicant shall install a fire hydrant in the project frontage. The applicant shall install an inline filtration system at the point the project line connects to the existing line in the Long's parking lot. The applicant shall pay the proportionate share of the Poplar Basin Expansion. The applicant shall remove and replace the existing streetlight on the wooden pole with a standard streetlight. � � � ►�'-• ►� ► ' • ► 58. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 59. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and an electronic copy on CD in AutoCAD format of approved improvement plans for inspection purposes during construction. 60. 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. 61. 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, RESOLUTION NO. 06-1993 PAGE 11 b. Street paving, curb, gutter and sidewalk, c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Traffic Control, g. Any other improvements as required by the Director of Public Works. 62. 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. 63. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 64. 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. �: : 65. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 66. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 67. 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. 68. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 69. 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 RESOLUTION NO. 06-1993 PAGE 12 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 $2,200 for each new residential unit. 70. The on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 15 feet wide easement. � : 71 72 73 74 75 76. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. The project wastewater flows to the "Bakeman Bottleneck". . . 77. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. Each parcel shall be provided a separate sewer lateral. All new sewer mains must be a minimum diameter of 8". All sewer laterals within the public right of way must have a minimum slope of 2%. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 78. 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. All utility company shall sign the improvement plans prior to final submittal. 79 :� Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. : RESOLUTION NO. 06-1993 PAGE 13 81. 82. 83. 84. East Grand Avenue shall not be cut until December 2008 in accordance with City Pavement Management practices. The parking lot shall be designed to support a 40,000 pound vehicle. Parking stalls shall be striped in accordance with City standards. All trench repairs shall be in accordance with City standards. :: ■ : �►� � � • . . .. . Install new concrete curb, gutter, and sidewalk across the project frontage. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. Install deep root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. ;:� ► 88. PerForm all grading in conformance with the City Grading Ordinance. 89. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 90. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. �:_ ► . 91. All drainage facilities shall be designed to accommodate a 100-year storm flow. � � ` • ► ' ► � ' 11 ► 92. 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. 93. Abandonment of public streets and public easements shall be listed on the final map or parcel map, in accordance with Section 66499.20 of the Subdivision Map Act. 94. 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 RESOLUTION NO. 06-1993 PAGE 14 95. 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. .� a. Water easements over all publicly owned water lines. The easements shall be a minimum of 15 feet wide. N''�l the right of way. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: Private easements shall be reserved on the map, or other separate document approved by the City, for the following: a. Drainage easements where shown on the tentative map. The easements shall be a minimum of 10 feet wide. b. Sewer easements where shown on the tentative map. The easements shall be a minimum of 10 feet wide. c. Water easements where shown on the tentative map. The easements shall be a minimum of 10 feet wide. : . A private easement shall be reserved on the map for access to the rear parcel Prior to recordation of the final map, the applicant shall have obtained all off-site easements for sanitary sewer, storm drainage, and access. ' : ► �- 100 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. 101 Obtain a grading permit prior to commencement of any grading operations on site. � : ►� ► 102. 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. 103. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The RESOLUTION NO. 06-1993 PAGE 15 subdivision agreement shall be on a form acceptable to the City. 104. Covenants, Conditions, and Restrictions for maintenance of the parking lot, drainage facilities, and other commonly owned facilities. The CC&R's shall be subject to the review and approval of the City Attorney and the Director of Public Works. ►1 ' : • ►I ► : 105. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 106. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 107. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. b. c. d. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, Labor and Materials: 50% of the approved estimated cost of all subdivision improvements One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. • . : �• ►� ► � •► 108. Tax Ce�tificate: 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 109 110 Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. "•' • ► � �► ' '►� . - RESOLUTION NO. 06-1993 PAGE 16 111. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRII�R T� ISSI!lNG A�'ERTlFJ1�4TE nF nr�� �Pnrvrv 112. All utilities shall be operational. 113. 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. 06-1993 PAGE 17 MITICATION MEASLIRES 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. Mitigation Measures: •� •� '�. - �� •� 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. The name and telephone number of such person(s) shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. 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 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 bidding on the project can include the purchase and installation costs in their bids. RESOLUTION NO. 06-1993 PAGE 18 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: Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the APCD. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxins Control Measure (ATCM) regulated under by the California Air Resources Board (ARB). Responsible Party: Developer Monitoring Agency: City of Arroyo Grande - Public Works Dept., Building and Fire Department Timing: Prior to issuance of Grading Permit and during construction Onerational Phase Emissions MM 3.11: To encourage walking within the development and provide a safer pedestrian environment, the applicant shall use textured and/or colored concrete at pedestrian crossings. MM 3.12: Provide continuous sidewalks separated from the roadway by landscaping with adequate lighting. MM 3.13: Provide shade tree planting along southern exposures of buildings to reduce summer cooling needs. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept., and Building & Fire Dept. Timeframe: Prior to issuance of Building Permit MM 5.1: 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." RESOLUTION NO. 06-1993 PAGE 19 Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timeframe: Prior to issuance of grading permit and during grading activities MM 6.1: To address specific conditions concerning grading, utility trenches, foundations, retaining walls and drainage, the contractor or builder shall adhere to the mitigation measures identified in the Soils Engineering Report prepared by GeoSolutions, Inc. dated October 5, 2004. MM 6.2: Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. MM 6.3: Permanent soil control measures identified in the landscape plan shall be implemented as soon as possible following completion of soil disturbing activities. MM 6.4: Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timeframe: Prior to issuance of grading permit and during construction MM 8.1: Construction activities shall be restricted to the hours of 8 a.m. and 6 p.m. Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall occur on Sunday. Equipment maintenance and servicing shall be confined to the same hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. 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. Responsible Pariy: Monitoring Agency: Timeframe: Developer City of Arroyo Grande — Public Works Dept. During construction MM 12.1: The developer shall pay the City's Traffic Signalization and Transportation Facilities Impact fees. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.; Public Works Dept. RESOLUTION NO. 06-1993 PAG E 20 Timeframe: Prior to issuance of Building Permit � i � MM 13.1: The applicant shall pay the project's proportionate share of SSLOCSD sewer upgrade impact fees. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande —Public Works Dept. Prior to issuance of Building Permit MM 13.2: The developer shall pay the City's sewer hookup fees and fair share of sewer upgrade impact fees. Responsible Pariy: Developer Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.; Public Works Dept. Timeframe: Prior to issuance of Building Permit 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: Developer 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: Developer 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/drought resistant species and drip irrigation systems rather than spray irrigation systems. Rain triggered shut off device and flow reducer shut off valve shall be installed. Responsible Pariy: Developer Monitoring Agency: City of Arroyo Grande — Parks, Recreation and Facilities Dept. Timing: Prior to issuance of Building Permit MM 14.4: The project plans shall include methods and appropriate best management practices for collecting surface run-off from the site for use on landscaped areas to reduce water use and minimize run-off to the extent feasible. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande —Public Works Dept. Prior to issuance of Building Permit