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O 221 C.S. - - ~ L" 'It.,r ,.. " . ORDINANCE NO. 221 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING A PORTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE REFERRED TO IN SECTION .302 OF TITLE 9, CHAPTER 4, OF THE MUNICIPAL CODE SO AS TO REZONE CERTAIN PROPERTY IN THE CITY OF ARROYO GRANDE THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION I: That certain ordinance known as "ZONING ORDINANCE OF THE CITY OF' ARROYO GRANDE" is herewith amended as follows: [' The "ZONING MAP OF THE CITY OF' ARROYO GRANDE", referred to in Section .302 of title 9, Chapter 4 of the Municipal Code is amended so the A District as shown and designated on the map attached hereto, and by this reference incorporated herein, which map is entitled "A SECTION OF THE ZONING MAP OF THE CITY OF ARROYO GRANDE, AMENDED BY ORDINANCE NO. 221 C.S. OF THE CITY OF ARROYO GRANDE", and said map and all notations and references shown thereon shall be as much a part of this ordinance as if the matters shown on said map were all fully described herein, and the Districts and zones and boundaries of the property shown therein from and after the effective date of the adoption of this ordinance. The properties intended to be rezoned are described in Exhibit "A" attached hereto. The'referred to property is hereby rezoned from "A", Agriculture, to "P-D", Planned Development, zone; SECTION 2: DEVELOPMENT PROVISIONS. The following provisions shall apply to any planned development of the property described in Exhibit A attached hereto: 1. Planned development is hereby approved with a density of 233 dwell ing units. 2. No construction shall commence and no grading shall be performed prior to the recording of final map. 3. The subdivider shall indemnify, exonerate, and hold harmless the City of Arroyo Grande and all officers and employees thereof against all claims, demands, and causes of action arising out of improvements constructed within this subdivision. Also, subdivider shall provide Certificate of Insurance to cover employees and agent. 4. Deed covenants shall provide for perpetual care of any common areas. 5. The subdivider shall provide all necessary easements for streets, alleys, sewers, water facilities, utilities, drainage facilities, and other facilities as required by the City. In the event such easements cannot be obtained from the property owner involved by negotiation, the City may acquire them at the expense of the subdivider by exercise of the power of eminent domain. The subdivider shall bear all costs of appraisal, acquisition, attorney's fees, and court costs. r 6. The subdivider shall be responsible for all actions of his contractors I and subcontractors until such time as the improvements have been i accepted by the City and maintenance period has expired. \ 7. All requirements of any other law or agency of the State of California and any other governmental entity, applicable to this development. shall be met. 8, No request for occupancy shall be approved until all conditions are completed and accepted or approved. 9, All abandoned irrigation lines, trees (except trees to be preserved) and obstructions in the project site shall be removed and properly disposed of from the site, Proper backfill and compaction of voids shall be ;ubsequently accomplished to provide protection against settlement. .::,~{~. .__u __..___."_" ----.+---.-- - "'----'"------.-.--- """., __~~_ .... ""'-.to.' ...., uJ..'=" ,I . . . . 10. Standard Specifications for Public Works Construction, latest edition, and all applicable City Standard Plates shall be the project specifications, except as noted otherwise on the approved improvement plans. 11. All grading performed shall conform to Chapter 70 of the Uniform Building Code, and/or as recommended by the Soils Report with prior review and approval by the City, and any improvements required by the City in the improvement plan. 12. The subdivider or his agents or employees shall be responsible for removal and clean-up of any spill on public or private streets during his entire construction operations and maintenance period. 13. Ornamental street lights as approved by the City shall be installed I in accordance with the street lighting plan prepared by the subdivider and approved by the City and P.G. & E. 14. The improvement plans for this subdivision shall be prepared by a California Registered Civil Engineer and shall be approved by the Public Works Department prior to the filing of the final map. These plans shall be submitted concurrently and shall include, but not be limited to grading, street drainage, sewer, water, and appurtenant improvements. In addition, a master utility plan shall be submitted showing the layout and location of all the on-site and off-site utility facility improvements of the subdivision. (See Gas, Electric and Communication Utilities conditions). The plan submittal shall also include construction cost estimates, plan check fees, soils report, and all pertinent engineering design calculations. The final map may not be filed with the City Council unless all said improvement plans have been approved by the Public Works Department. 15. No grading, vegetation removal, or other substantial side disturbances sha 11 be al lowed unti I the grading and drainage plans required by Condition No. 14 are approved by the Public Works Department. No grading will be permitted during November 30th to April 15th. A winterization plan to be approved by the Public Works Department prior to November 30th. 16. Site and building plans shall be reviewed by the Building Department with letters or other documentation verifying review and any requirements from these agencies prior to recording the final subdivision map or establishment of the use. 17. All trash disposal areaS shall be screened from view with a solid wall or solid fencing. Submit drawings of screening structures prior to issuance of a building permit and install said approved screening prior to final building inspection, 18. No outdoor storage, or any accumulation of trash, debris, or packing materials shall be permitted, except in areas entirely enclosed by six food solid wood or masonry fencing. Materials so stored shall /p not be stacked higher than the fence. 19. In the event that archaeological resources (e.g" artifacts, human remains) are discovered on the subject site during construction of , \ this project, said resources are to remain undisturbed after discovery, construction activities shall cease immediately, and the City Planning Department is to be notified so that proper disposition of the archaeological resources may be accompli shed, Cons t ruc t i on may reSume only upon authorization by the Planning Department. ! 20. Site development to be consistent with the approved revised Haster , Plan, provided that minor boundary and area adjustments to lots may ! be made, if determined to be required as part of the approval of tentative subdivision maps. , . I , ",11"") ",d.. ~--_.._-~-_._- -~._----- i:$1:J , . . 21. Any proposal that will change any portion of the land use or the conceptual master plan shall be deemed a change in the approval of this Ordinance. Said changes will require reconsideration of the undeveloped portions of the project through the full and proper Zone Change procedure with the public retaining all of their rights regarding said Zone changes. 22. Cut and fill banks along all public roads will be within slope easements; width of slope easements to be determined through approval of improvement plans prior to approval of final Map. STREETS [ I. All streets, alleys, sidewalks, curbs, and gutters adjacent to the subdivision shall be improved as necessary to provide safe vertical ! a. nd horizontal transitions to connect impro.vements constructed within this subdivision to existing improvements as approved by the Public Works Department. Any street, alley, sidewalk, or curb damaged by the subdivider or its agents or employees shall be repaired. .-, 2. The Halcyon Road access to the side, from the southwesterly boundary up to its connection with James Way extension will be constructed first. 3. Use of the existing Miller Way in the Loomis Heights subdivision will be prohibited for all construction vehicles or other construction related traffic associated with the construction of the Knollwood Deve lopment. 4. All public streets within the Knollwood Development shall be designed and built to City Standard Specifications for full improvements or as approved by the Public Works Department. J _ 5. James Way and Halcyon Way will be constructed to a residential ' standard section for a collector street providing a minimum 64 foot right of way (property line to property line) encompassing 44.ft. pavement curb face to curb face and 6ft. sidewalk each side. 6. New portions of Miller Way extension will be constructed to a minimum 52 ft. right of way standard section for a local Street (property line to property line) encompassing two 16 foot through lanes, concrete curb and gutter, and 6-foot sidewalk. Street lights, fire hydrants and street trees shall be behind the sidewalk in a 10 foot street tree and public utility easement. All fronting lots to have minimum 90 ft. frontage and 30 ft. setback on Final Map. 7. Hill Street, both northerly and southerly extensions, will be constructed to a 52 foot right of way standard section for a local street as described in Condition No.6 above and each terminating at a standard cul-de-sac with a 52 foot curb to curb radius (and a 104 foot property line to property line radius), 8. Un-named street extension wil I be constructed to a minimum 52 foot right of way standard section for a local street (property line to property line), with a minimum 40 foot paved section and also encompassing curb and gutter and a 6 foot sidewalk. Said street extension shall occur in a southerly direction across the South County Facility property and connect on to West Branch Street. 9. All private streets, including fire access, will be constructec;J to a minimum 28 foot paved section with concrete curb and gutter. Cul-de-sacs wi 11 be constructed to a minimum 104 foot diameter, property line to property line (and a minimum 46 foot radius to curb). 10, West Branch Street (U,S. 101 Frontage Road) improvements would be. requi red as follo",s: Construction \"i t 1 be to a minimum 60 foot rtght j of ",ay "Ii th a /,6 foot paved section and concret~ curb and gutter. I Stripi~g for bicycle lanes to be provided. This improvement will be I requir'ed simul(;1neously with Condition f!2 under "Streets". , ! ! { , I ,~I i,~.~l, ------ U".1..V . . . . . - . lOa. The Knollwood developers will be responsible for constructing one 12 foot outside lane with concrete curb and gutter on the northerly edge of the pavement between Brisco Road and Halcyon Road. Only grading of sidewalk area will be required inasmuch as actual placement of the sidewalk improvement is the responsibility of the adjoining property owners. The construction of the third lane can facilitate a left turn lane on the Frontage Road. lOb. Additionally, to facilitate circulation between' U.S. Highway 101 interchanges at Branch Street and Brisco Road, it wi J I be necessary during Phase I to design and construct the Frontage Road between its two existing improved sections fronting the new County Center and the City property on Vernon Avenue. The minimum width shall i nc1 ude grading for full development and paving for two way traffic, and I concrete curb and gutter shall be constructed on Freeway frontage. All necessary drainage improvement and utilities shall be constructed at this' time. SEWER AND WATER , 1. The method of water distribution .and sewage and waste disposal shall be by means of a community collection system. All water and sewer system improvement shall meet or exceed the City's standards, necessary separation between water mains and sanitary sewers as required by State Department of Health and as directed by the Public Works Department. 2. The developers will be required to participate in the construction of a water tank to be built in the Rancho Grande site, sized and built to adopted standards and specifications and approved by the City of Arroyo Grande Public Works Department. 3. The subdivider shall install water mains" fire hydrants, services and storage facilities in conformance with the Water Department Standard Design and Specifications and approved plans. 4. A minimum fire flow of 1,000 gallons per minute, 2 hour minimum will be required. Adequate fire protection as determined by the City shall be available prior to obtaining any building permits. PUBLI C UT I LI TIES J. A six-foot and ten-foot public utility easement on the private property along the perimeter of collector and local streets respectively. i DRAINAGE I 1. Complete drainage calculations for the purposes of determining width I of drainage right of way, sizing or storm drains and required I retention basins will be submitted to (and approved by) the City I \ Engineering office prior to approval of the Final Map. All culverts, storm drains, drainage basins, etc., shall be designed by a civil engineer and shown on the improvement plans - these plans to be approved by the City Engineer prior to any construction on the ~ :~ project. ,:~ 2. A drairlage basin, if required on the property, specifically located ~Ii thi n a 6,8 acre area designated as "Open Space" on the approved Master P1an will be dedicated to the City in fee. 3, An erosion control plan shall be developed with Phase I plans for approval by the Public Works Depaftment, Said plan shall address permanent and temporary conditions including, but not limited to, protection of ne"ily graded slopes, prevention of siltation of downstream drainage CQIJfSeS, planting, etc. , I I , i , 1 I , i j , ,,,i~1 ail . . . - 4. The developer of the Knollwood project will be required to participate in the construction of the retention basin approved for the South County Citizens Center site adjacent to the subject site to the sou thwes t. A contract outlining the extent and procedure for participation will be entered into and signed by the developers and the County and approved by the City of Arroyo Grande prior to approval of the Final Map. 5. Lots over 15% slope shall be required to submit a site plan prepared by a Civil Engineer showing all proposed grading prior to any grading on the lot and prior to issuance of a building permit. PUBLIC FACILITIES ! I. .rhe developer shall dedicate to the City of Arroyo Grande 9 acres, in an area acceptable to said City, ,for park purposes. In addition thereto, the City may acquire an additional 5.8 acres of adjacent property for a period of 5 years at an agreed upon purchase price. In the event the City and the owner cannot agree upon a purchase price for said additional property, both parties to be bound by the the decision of three (3) arbitrators or appraisers, one selected by the City, one selected by the property owner, and the third selected by the two previously selected. LANDSCAPING I. A landscaping plan must be submitted and approved by the Planning Department prior to the filing of the Final Map. The PI an sha II include the preservation of Oak trees (specifying trees that must be removed and reason) and stands of chaparral. Trees to be planted along street I frontages are to be specified as to type, size and location. Special I attention should be given to the landscaping of the drainage retention basin. 2. Submit detailed landscaping and irrigation plans in accordance with the Planning Department landscaping plan review policy for Planning staff. review and approval prior to recording the final subdivision map. All proposed plant materials shall be sized to achieve a mature appearance within three years of installation. Said plans shall include, but not be necessarily limited to the following: _ A buffer of fast growing trees along the southwest boundary for softening the visual impact of the South County Center Maintenance Yard and Building. _ A buffer of fast growing trees along the southwesterly edge of the area designated for Senior Housing to soften the visual impact from the freeway and frontage road. _ Revegetation measures for erosion control and softening visual impact of grading activity immediately after completion of grading. Screening of northeasterly retention basin with fast growing vegetation including trees. _ Street tree planting and fencing program for cluster estate housing. Location and condition of isolated existing trees in or near all development areas; indicate trees w~ich must be removed due to. construction or unhealthiness, reta.n healthy trees to the maximum p05sible extent; grading is prohibited within drlpllne of trees required to be retained and retaining walls and fencing shall be u5ed where needed to prevent root damage and disturbance. ~....._.- . "(" . . . . . - Detailed landscaping proposals for parking lots and common areas of cluster, duplex and attached units, including elderly, shall be presented to the Planning Commission for approval prior to the issuance of a building permit. - Right of way clearing through brush for off-street improvements will be irregular in shape to present a natural clearing effect. On motion of Council Member Vandeveer, seconded by Council Member Hogan, and on the following roll call vote, to wit: AYES: Council Members Hogan and Vandeveer, and Mayor Pope NOES: Council Members Smith and Millis I ABSENT: None the foregoing Ordinance was passed and adopted this 12th day of August, 1980. L. I ATTEST: I, Cindy Christian, Deputy City Clerk of the City of Arroyo (Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 221 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council held on the 12th day of August, 1980. I further certify that said Ordinance was duly published in accordance with the law and order of said City Council in the Five Cities Times-Press-Recorder, a newspaper printed and published in said City, in the entire edition of 8-27-80. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of Augus t, 1980. ( SEAL) (lM1lfJtMJTMJ DEPUTY Y CLERK CITY OF ARROYO GRANDE , I I ~ I , I I I I ~.,;~ iii 1 ,..~_. .,..,,,_,,,,_,,,c_~._ . .. ~~ ,--- -~ ] ~-2 ! ! - - ....~ Park SitE> . ' . 9.8 A6' ' J _ - t '., \ .- -- ---:--- ~..._j'''''''''',', ...=....----"".,......,.. ~_.-..-_._. . - . .-_._.. - .---..--