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Agenda Packet 2005-11-08 -- --.----- - CITY OF City Council Agenda Tony Ferrara Mayor Steven Adams City Manager Joe Costello Mayor Pro Tem '~L1FOR~.t Timothy J. Carmel City Attorney Jim Dickens Council Member Kelly Wetmore City Clerk Jim Guthrie Council Member Ed Arnold Council Member ~- ~ - AGENDA SUMMARY CITY COUNCIL MEETING TUESDAY, NOVEMBER 8, 2005 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: BOY SCOUT TROOP 26 4. INVOCATION: PASTOR JERRY NELSON SEVENTH DAY ADVENTIST CHURCH, ARROYO GRANDE . 5. SPECIAL PRESENTATIONS: 5.a. Proclamation Conaratulatina the Economic ODDortunitv Commission on its 40th Anniversarv 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY - NOVEMBER 8, 2005 PAGE 2 7. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action on matters not published on the agenda. In response to your comments, the Mayor or presiding Council Member may: . Direct City staff to assist or coordinate with you. . A Council Member may state a desire to meet with you. . It may be the desire of the Council to place your issue or matter on a future Council agenda. Please adhere to the following procedures when addressing the Council: \ . Comments should be limited to 3 minutes or less. . Your comments should be directed to the Council as a whole and not directed to individual Council members. . Slanderous, profane or personal remarks against any Council Member or member of the audience shall not be permitted. 8. CONSENT AGENDA: The following routine items listed below are scheduled for consideration as a group. The recommendations for each item are noted. Any member of the public who wishes to comment on any Consent Agenda item may do so at this time. Any Council Member may request that any item be withdrawn from the Consent Agenda to permit discussion or change the recommended course of action. The City Council may approve the remainder of the Consent Agenda on one motion. a.a. Cash Disbursement Ratification (KRAETSCH) Recommended Action: Ratify the listing of cash disbursements for the period October 16, 2005 through October 31, 2005. - a.b. Consideration of Aooroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council meeting of September 27,2005 as submitted. a.C. Consideration of Acceotance of the East Grand Avenue Enhancements at Courtland Street Proiect. PW 2005-06 (SPAGNOLO) Recommended Action: 1) Accept the project improvements, as constructed by Curt Bailey Masonry, Inc. in accordance with the plans and specifications for the East Grand Avenue Enhancement Project, PW 2005-06: 2) Direct staff to file a Notice of Completion: and 3) Authorize release of the retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. AGENDA SUMMARY - NOVEMBER 8, 2005 PAGE 3 a. CONSENT AGENDA (continued): a.d. Consideration of the Preoaration of a Brisco Road-Halcvon Road/Route 101 Suoolemental Proiect Study Reoort (PSR) to Aooly for Desian and Construction Fundina and Additional Aoorooriation to Comolete the Suoolemental PSR and Proiect Aooroval and Environmental Determination (PA&ED) (SPAGNOLO) Recommended Action: 1) Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental Project Study Report (PSR) for the Brisco Road-Halcyon Road/Route 101 project in order to apply for design and construction funding: 2) Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. for additional items required to complete the Project Approval & Environmental Document (PA&ED) phase of project development: and 3) Allocate an additional appropriation of $139,250 from the Transportation Facility Impact Fund. 9. PUBLIC HEARINGS: 9.a. Continued Public Hearina - Consideration of a Prooosed Ordinance Amendina Chaoter 12.16 of Title 12 of the Arrovo Grande Municioal Code Reaardina the Communitv Tree Proaram (HERNANDEZ) Recommended Action: Introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Regarding the Community Tree Program. 9.b. Consideration of a Resolution Orderina Formation Of The Parks ide Villaae Assessment District. Confirmina Assessments. District . Diaaram and the Lewina Assessments (CARMEL) Recommended Action: Adopt a Resolution approving the formation of the Parkside Village Assessment District, confirming assessments, assessment district diagram and the levying of assessments upon benefiting property. 9.c. Consideration of an Interim Uraencv Ordinance Extendina the Susoension of Acceotance and Processina of New Aoolications for Develooment of anv Portion of Prooertv Immediatelv Adlacent To Arrovo Grande Creek. Tallv Ho Creek. Meadow Creek Or Creek Tributaries Within The Citv Of Arrovo Grande (STRONG) Recommended Action: Adopt an' Interim Urgency Ordinance to extend the suspension of acceptance and processing new applications for development of any portion of property immediately adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or creek tributaries within the City of Arroyo Grande. 9.d. Consideration of Prooosed Ordinance Amendina Title 13 (Public Works) of the Arrovo Grande Municioal Code Relatina to Water and Sewer Service Provisions (SPAGNOLO) Recommended Action: Introduce an Ordinance amending Title 13 (Public Works) of the City of Arroyo Grande Municipal Code repealing, amending, and adding provisions relating to water and sewer service to provide internal consistency with current City policy, procedures, and practices. - AGENDA SUMMARY - NOVEMBER 8, 2005 PAGE 4 10. CONTINUED BUSINESS: None. 11. NEW BUSINESS: None. 12. CITY COUNCIL MEMBER ITEMS: The following item(s) are placed on the agenda by a Council Member who would like to receive feedback, direct staff to prepare information, and/or request a formal agenda report be prepared and the item placed on a future agenda. No formal action can be taken. a. None. 13. CITY MANAGER ITEMS: The following item(s) are placed on the agenda by the City Manager in order to receive feedback and/or request direction from the Council. No formal action can be taken. a. None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. 16. COMMUNITY COMMENTS AND SUGGESTIONS: This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions. Comments should be limited to those matters that are within the jurisdiction of the City Council. The Brown Act restricts the Council from taking formal action 'on matters not published on the agenda. 17. ADJOURNMENT ---~~ - AGENDA SUMMARY - NOVEMBER 8, 2005 PAGE 5 ************************* All staff reports or other written documentation relating to each item of business referred to on the agenda are on file in the Administrative Services Department and are available for public inspection and reproduction at cost. If requested, the agenda shall be made available in appropriate alternative.formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Administrative Services Department at 805- 473-5414 as soon as possible and at least 48 hours prior to the meeting date. ************************** Note: This agenda was prepared and posted pursuant to Government Code Section 54954.2. Agenda reports can be accessed and downloaded from the City's website at www.arrovoqrande.orq ---- 5.a. OF ; ~t~CALlFOR~ ' ..~. ~ .~ ~Il \_~~ ". HONORARY PROCLAMATION CONGRATULATING THE ECONOMIC OPPORTUNITY COMMISSION ON ITS 40TH ANNIVERSARY WHEREAS, the Economic Opportunity Commission of San Luis 9bispo County, Inc. was established by Congressional decree and then by the County Board of Supervisors, on December 9, 1965, as San Luis Obispo County's official Community Action Agency; and WHEREAS, the Economic Opportunity Commission is a private nonprofit public benefit corporation dedicated to eliminating the causes of poverty by assisting low- income individuals and families to build the skills needed for stability and greater self- sufficiency, gain access to new opportunities, and achieve economic independence through an' array of community-based programs and actions; and WHEREAS, the Economic Opportunity Commission is directly responsible for service planning and delivery of community programs including Early Head Start, Head Start, Migrant and Seasonal Head Start, State Migrant Child Care, State Preschool, State General Child Care, Child Care Resource Connection, Energy Conservation/Weatherization Services, Health Services including Clinical, Health Education and Youth Development Programs, Emergency Services, Homeless Shelter and Support Services, Adult Day Services, and Parent Education and Child Abuse Prevention Services; and WHEREAS, the Economic Opportunity Commission is an independent organization annually serving 35,000 low-income persons by working in partnership with volunteers, county government, city government, the private sector, and low-income populations throughout San Luis Obispo County. NOW, THEREFORE, BE IT RESOLVED, that I, Tony Ferrara, Mayor of the City of Arroyo Grande, on behalf of the City Council, do hereby acknowledge and congratulate the Economic Opportunity Commission on its 40th Anniversary. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Arroyo Grande to be affixed this s"' day of November 2005. TONY FERRARA, MAYOR . ----. . -,-- - --'< I 8.a MEMORANDUM TO: CITY COUNCIL ANGELA KRAETSCH, DIRECTOR OF FINANCIAL SERVICES~ FROM: BY: FRANCES R. HEAD, ACCOUNTING SUPERVI~ SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: NOVEMBER 8, 2005 RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period October 16 through October 31, 2005. FUNDING: There is a $562,571.33 fiscal impact. All payments are within the existing budget. DISCUSSION: The attached listing represents the cash disbursements required of normal and usual operations. It is requested that the City Council approve these payments. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staffs recommendation; . Do not approve staffs recommendation; . Provide direction to staff. Attachments: Attachment 1 - Cash Disbursement Listing Attachment 2 - October 21, 2005, Accounts Payable Check Register Attachment 3 - October 28, 2005, Accounts Payable Check Register Attachment 4 - October 28, 2005, Payroll Checks & Benefit Register , , I I ---- , ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS 7111< de 'Pettid ~ O~ 16 7~ O~ 31. 2005 0-0-0-0-0-00-.--0-0- _o._._~.__.___... November 8 2005 Presented are the cash disbursements issued by the. Department of Financial Services for the period October 16 to October 31, 2005. Shown are cash disbursements by week of occurrence and type of payment. 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Vacation Buyback - Sick Leave Buyback - Vacation Pay 11,248.62 Comp Pay 5,114.75 Annual Leave Pay 6,106.15 PERS Retirement 65,399.89 Social Security 17,910.30 PARS Retirement 394.65 State Disability Ins. 1,001.22 Deferred Compensation 750.00 Health Insurance 30,739.09 Dental Insurance 4,091.22 Vision Insurance 937.27 Life Insurance 707.53 Long Term Disability 1,070.86 Uniform Allowance - Car Allowance 500.00 Council Expense - Employee Assistance 225,60 Boot Allowance - Motor Pay 75.00 - 391,456.17 I I 8.b. MINUTES REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY TUESDAY, SEPTEMBER 27, 2005 COUNCIL CHAMBERS, 215 EAST BRANCH STREET. ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor/Chair Ferrara called the Regular City Council meeting to order at 7:02 p.m. 2. ROLL CALL City CounciVRDA: Council/Board Members Dickens, Guthrie, Arnold, and Mayor/Chair Ferrara were present. Mayor Pro TemlVice Chair Costello was absent. City Staff Present: City Manager Adams, City Attorney Carmel, Director of Administrative Services/City Clerk Wetmore, Director of Parks, Recreation & Facilities Hernandez, Director of Public Works Spagnolo, Director of Financial Services Kraetsch, Director of Community Development Strong, and Associate Planner McClish. 3. FLAG SALUTE A representative from Arroyo Grande Lions Club led the Flag Salute. 4. INVOCATION Pastor Robert Underwood, First United Methodist Church, Arroyo Grande, delivered the invocation. 5. SPECIAL PRESENTATIONS 5.a. Recognition of John Keen, Former Planning Commission Member. Mayor Ferrara presented a Mayor's Commendation to John Keen for his service to the City of Arroyo Grande as a member of the Planning Commission from July 1998 to August 2005. Mayor Ferrara also acknowledged that Mr. Keen had also served on the City's Traffic Commission as well as an earlier termon the Planning Commission. Community Development Director Strong, Planning Commissioner Tait, Architectural Review Committee Member Scherquist and City Manager Adams also acknowledged Mr. Keen's service to the City. 5.b. Mayor's Commendation - Jordan Hasay, Gold Medal Winner at Junior Olympics. Jordan Hasay could not be present due to her practice schedule; however, Mayor Ferrara acknowledged Jordan's achievement at the Junior Olympics and highlighted her other track records and achievements. 6. AGENDA REVIEW 6.a. Resolutions and Ordinances Read in Title Only Council Member Dickens moved, Council Member Arnold seconded, and the motion passed unanimously that all resolutions and ordinances presented at the meeting shall be read in title only and all further reading be waived. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 2 7. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS None. S. CONSENT AGENDA CounciVBoard Member Arnold rnoved, and CounciVBoard Member Guthrie seconded the motion to approve Consent Agenda Items 8.a. through 8.j., as recommended. The motion carried on the following roll-call vote: AYES: Arnold, Guthrie, Dickens, Ferrara NOES: None ABSENT: Costello S.a. Cash Disbursement Ratification. Action: Ratified the listings of cash disbursements for the period September 1 - September 15, 2005. S.b. Consideration of Statement of Investment Deposits. Action: Received and filed the report of current investment deposits as of August 31, 2005. S.c. Consideration of a Temporary Increase in- Mileage Reimbursement Rate for Employees and Volunteers [COUNCIURDA). Action: Established .485~ per mile as the employeelvolunteer mileage reimbursement rate from September through December 2005. S.d. Consideration of Adoption of Resolution Accepting the Improvements Constructed as Part of the Poplar Drainage Basin Expansion. Action: Adopted Resolution No. 3880 accepting the improvements constructed as part of the Poplar Drainage Basin Expansion. S.e. Consideration to Approve an Application by Martin de Leon to Drill a Replacement Irrigation Well. Action: Approved an application for Martin de Leon to drill a replacement irrigation well. S.t. Consideration of Approval of Plans and Specifications for the Camino MercadolWest Branch Street Traffic Signal Project, PW 2005-05. Action: 1) Approved the plans and specifications. for the Camino MercadolWest Branch Street Traffic Signal Project, PW 2005-05; 2) Found that the project is categorically exempt from CEQA pursuant to Section 15301 (e); and 3) Directed the Director of Administrative Services to file a Notice of Exemption. S.g. Consideration of an Award of Contract to Lee Wilson Electric Company, Inc., for Construction of the East Grand Avenue/Halcyon Road Traffic Signal Upgrade Project, PW 2005-01. Action: 1) Awarded a contract for the construction of the East Grand Avenue/Halcyon Road Traffic Signal Upgrade Project, PW 2005-01 to Lee Wilson Electric Company, Inc. in the amount of $189,400.00; 2) Authorized the City Manager to approve change orders not to exceed the contingency of $18,940.00 for use only if needed for unanticipated costs during the construction phase of the project; and 3) Transferred $50,000.00 from the Traffic Signalization Fund and $47,500.00 from the Transportation Facilities Fund. S.h. Consideration of Approval of an Agreement with Todd Engineers to Prepare a Groundwater Study. Action: 1) Approved an agreement with Todd Engineers to prepare a groundwater study in the amount of $21,020; and 2) Appropriated $21,020 from the Water Fund. . --- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 3 8.i. Consideration of Award of Contract with Maxlmus for State Mandated Cost Services. Action: Authorized the Financial Services Director to execute an agreement with Maximus to provide state mandated cost services. S.j. Consideration of Council Appointment to the Planning Commission. Action: Approved the recommendation of Council Member Ed Arnold to appoint Caren Ray to the Planning Commission. 9. PUBLIC HEARINGS 9.a. Consideration of a Proposed Ordinance Amending Portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 05-006), Revising Land Use Regulations and Approval Processes to Ensure Consistency with the Arroyo Grande General Plan. Associate Planner McClish presented the staff report and stated the Planning Commission recommended the City Council introduce an Ordinance considering text amendments to Title 16 of the City of Arroyo Grande Municipal Code to ensure consistency with the General Plan. Staff responded to questions regarding the definition of the Restricted General Retail land use category and what it includes, and clarification of Village Mixed Use and Office Mixed Use districts as they relate to how maximum densities are calculated. Mayor Ferrara opened the public hearing and invited comments from those in the audience who wished to be heard on the matter. No public comments were received and Mayor Ferrara closed the public hearing. Council comments and discussion ensued regarding the issue of maximum density for multi- family uses in the Mixed-Use Districts. Staff clarified that this issue would be brought forth at a later date when the Council will be considering updates to the Residential Districts in Chapter 16.32. There was also discussion regarding allowing drive-through services in the Regional Commercial and Gateway Mixed Use Districts as a conditional use. Council Member Guthrie moved to introduce an Ordinance, as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT OS-006),REVISING LAND USE REGULATIONS AND APPROVAL PROCESSES TO ENSURE CONSISTENCY WITH THE ARROYO GRANDE GENERAL PLAN", as amended to change the land use of Drive- Through Services from Not Permitted (NP) to Conditional Use Permit (CUP) in the Regional Commercial (RC) District. Council Member Arnold seconded, and the motion carried on the following roll-call vote: AYES: Guthrie, Arnold, Dickens, Ferrara NOES: None ABSENT: Costello _ ---------------- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 4 9.b. Consideration of a Proposed Ordinance Amending Chapter 12.16 of Title 12 of the' Arroyo Grande Municipal Code Relating to the Community Tree Program. Director of Parks, Recreation and Facilities Hernandez presented the staff report and stated the Parks and Recreation Commission recommended the Council introduce an Ordinance amending Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code Relating to the Community Tree Program. City Attorney Carmel suggested language modifications to clarify provisions in Section 12.16.070 regarding tree removals, standards for pruning of trees, and appeals. Staff then responded to questions from Council regarding several of the definitions; clarification regarding the minimum oak tree diameter size for regulation purposes; clarification of tree removal and/or pruning on private property versus public property; viewshed issues related to trees; whether the Planning Commission and Architectural Review Committee could be notified about permits issued for removal of trees; clarification regarding what is considered excessive pruning: and clarification regarding the penalty provisions [proposed section 12.16.030(1)]. There was also a suggestion to notify the Tree Guild of Arroyo Grande of tree removals as a matter of internal City _ policy/practice. Mayor Ferrara opened the public hearing and invited comments from those in the'audience who wished to be heard on the matter. Orrin Cocks, owner of the nine professional offices at 1170-1186 E. Grand Avenue, distributed correspondence to the Council (on file in the Administrative Services Department) and read it into the record. He spoke in opposition to the proposed modifications to the Community Tree Ordinance as it relates to regulating trees on private property. Dan Beher, tenant at 1170-1186 E. Grand Avenue, referred to and supported the removal of the trees at 1170-1186 E. Grand Avenue and expressed concern about liability issues associated with damaged concrete and sidewalks. Phil Lozano, Chair of the Parks and Recreation Commission, spoke in support of the proposed modifications to the Community Tree Ordinance. He encouraged continued public education about the City's tree program and policies. Diane Schiealer, tenant at 1170-1186 E. Grand Avenue, spoke in opposition to the proposed Ordinance as it relates to regulating trees on private property. Dave Raaan, certified arborist, spoke in support of the proposed Ordinance as it relates to tree pruning practices. He also suggested the Tree Subcommittee have an arborist available to advise them regarding potential tree removals. i Garv SCherauist, member of the Architectural Review Committee (ARC) and the Tree Guild of I Arroyo Grande, spoke in support of the proposed Ordinance. He suggested that the ARC have more review and advisory input on landscape plans. Joe Adido, tenant at 1170-1186 E. Grand Avenue, expressed concerns about the proposed Ordinance as it relates to regulating trees on private property. Larrv Ramev referred to the removal of trees at 1170-1186 E. Grand Avenue and stated the type of trees planted in this area caused a lot of concrete and sidewalk damage. Carv James, tenant at 1186 E. Grande Avenue, referred to the sidewalk damage and unsafe condition for pedestrians at this location. He also spoke about viewshed issues and suggested including provisions to protect views. Stacv Cocks referred to correspondence written by John Belsher regarding the removal of trees at 1170-1186 E. Grand Avenue and read it into the record. Dave Sturaes spoke in opposition to the proposed Ordinance. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 5 No further public comments were received and the Mayor closed the public hearing. Council and staff comments and discussion ensued regarding the definitions of "lions tailing", "street trees", and "regulated trees"; trees on private and public property; tree and root pruning practices; existing regulations for removal of trees; and the need to further clarify the language in Section 12.16.070(a) regarding tree removals. Following Council comments, staff was directed to modify the Ordinance to address the following: - Expand the definitions of "lion's tailing", "regulated trees", and "street trees in the public right-of-way"; - Add language to include notification to the Planning Commission and Architectural Review Committee of appeals to tree removals; - Clarify language that tree pruning standards shall apply to all regulated trees; - Establish internal policy/procedure to notify the Tree Guild of Arroyo Grande of appeals to tree removals. Council Member Guthrie moved to continue the public hearing to the City Council Meeting of October 25, 2005. Council Member Dickens seconded, and the motion carried on the following roll-call vote: AYES: Guthrie, Dickens, Arnold, Ferrara NOES: None ABSENT: Costello 10. CONTINUED BUSINESS None. 11. NEW BUSINESS 11.a. Consideration of Adoption of an Interim Urgency Ordinance Suspending Acceptance and Processing of Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek, or Creek Tributaries within the City of Arroyo Grande. Associate Planner McClish presented the staff report and recommended the City Council adopt an Interim Urgency Ordinance and direct staff to immediately prepare a study considering all foreseeable ramifications of allowing development of properties on or immediately adjacent to creeks within the City of Arroyo Grande. Mayor Ferrara referred to correspondence distributed to the Council, which was received from Andre, Morris & Buttery on behalf of Castle rock Development and asked staff to clarify how the interim urgency ordinance would affect vested projects. Staff responded that the intent was to only apply the suspension to all new projects which have not been formally accepted for processing. Mayor Ferrara invited comments from those in the audience who wished to be heard on the matter. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 6 John Belsher, attorney, stated he represented a number of property owners who could be impacted by this urgency ordinance and said he did not understand why this was being applied to discretionary permits when the Council has the ability to apply conditions to projects. He suggested that the ordinance should exempt discretionary permits and apply to ministerial permits. He stated that language in the ordinance was not consistent with the General Plan. He inquired whether adoption of the ordinance would exempt the Pace Brothers project on Whiteley and asked the Council to clarify this issue. Jeff Emrick stated that the ordinance takes away options and suggested the Council evaluate project setbacks on a case-by-case basis. Scott Pace spoke in opposition to the urgency ordinance. He referred to the Whiteley Street project which has been in the system for six months. He requested this project be exempt from the ordinance. Hearing no further public comments, Mayor Ferrara closed the public comment period. Council and staff comments and discussion ensued with regard to the interim urgency ordinance as it relates to the General Plan. City Attorney Carmel explained that the purpose of the interim urgency ordinance would give staff time to study the issues that had been identified to determine whether or not a General Plan Amendment was needed. He further stated that the Pace Whiteley Street project would be exempt from the interim urgency ordinance. Following comments in support of the proposed interim urgency ordinance, Council Member Arnold moved to adopt an interim urgency ordinance as follows: "AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUSPENDING ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR DEVELOPMENT OF ANY PORTION OF PROPERTY IMMEDIATELY ADJACENT TO ARROYO GRANDE CREEK, TALLY HO CREEK, MEADOW CREEK OR CREEK TRIBUTARIES WITHIN THE CITY OF ARROYO GRANDE". Council Member Guthrie seconded, and the motion carried on the following roll-call vote: AYES: Guthrie, Dickens, Arnold, Ferrara NOES: None ABSENT: Costello 12. CITY COUNCIL REPORTS I a. MAYOR TONY M. FERRARA: I (1) San Luis Obispo Council of Governments/San Luis Obispo Regional Transit i Authority (SLOCOGlSLORTA). Reported that the Price Street Extension project was not approved; therefore there is a substantial amount of money that can be reallocated and it is hoped that SLOCOG Board would reallocate the money to South County to advance the HalcyonlBriscol101 Interchange project. City Manager Adams gave an overview of discussions held regarding the project timeline versus funding allocation timeline. (2) South San Luis Obispo County Sanitation District (SSLOCSD). Reported that the plant is running according to standards and the chlorinator project is nearing completion, (3) Other. None. .,----- CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 7 b. MAYOR PRO TEM JOE COSTELLO: (ABSENT) (1) Zone 3 Water Advisory Board. No report. (2) County Water Resources Advisory Committee (WRAC). No report. (3) Air Pollution Control District (APCD). No report. (4) Fire Oversight Committee. No report. (5) Other. None. c. COUNCIL MEMBER JIM DICKENS: (1) South County Area Transit (SCAT). Last meeting canceled due to lack of a quorum. No report. (2) South County Youth Coalition. No report. (3) Other. None. d. COUNCIL MEMBER JIM GUTHRIE: (1) Economic Vitality Corporation (EVC). No report. Meets tomorrow. (2) Other. None. e. COUNCIL MEMBER ED ARNOLD: (1) Integrated Waste Management Authority Board (IWMA). Meeting canceled. No report. (2) California Joint Powers Insurance Authority (CJPIA). No report. (3) County Water Resources Advisory Committee (WRAC). Reported on salt water intrusion into Morro Bay's wells. Suggested that the City's groundwater study include consideration of salt water issue in wells. (4) Other. None. 13. CITY COUNCIL MEMBER ITEMS: None. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Council Member Arnold commented that the Annual Harvest Festival was wonderful this year and he thanked City staff for their involvement. He reported that he enjoyed participating in the pie-eating contest. City Manager Adams noted that the Harvest Festival was totally organized by community volunteers. He stated that he and Debbie Sidenberg were co-chairs for the event and he recognized and expressed appreciation for all those who were involved in planning the annual event. 16. STAFF COMMUNICATIONS: None. 17. COMMUNITY COMMENTS AND SUGGESTIONS: None. 18. ADJOURNMENT There being no further business before the City Council, Mayor/Chair Ferrara adjourned the meeting at 10:20 p.m. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES SEPTEMBER 27, 2005 PAGE 8 Tony Ferrara, Mayor/Chair ATTEST: Kelly Wetmore, City Clerk/Agency Secretary (Approved at CC Mtg ) i - _. _'_'__"_ ____0____ --~ ._._---~-_._---- I B.c. MEMORANDUM i TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER r/!f6 SUBJECT: CONSIDERATION OF AN ACCEPTANCE OF THE EAST GRAND AVENUE ENHANCEMENTS AT COURTLAND STREET PROJECT, PW 2005-06 DATE: NOVEMBER 8, 2005 RECOMMENDATION: It is recommended the City Council: 1. accept the project improvements, as constructed by Curt Bailey Masonry, Inc. in accordance with the plans and specifications for the East Grand Avenue Enhancement Project, PW 2005-06. 2. direct staff to file a Notice of Completion; and 3. authorize release ofthe retention thirty-five (35) days after the Notice of Completion has been recorded, if no liens have been filed. FUNDING: On August 23, 2005, the City Council awarded the East Grand Avenue Enhancement Project to Curt Bailey Masonry, Inc. in the amount of $23,480.00 and authorized a contingency of $2,348.00 to be used for unanticipated costs during the construction phase of the project. Curt Bailey Masonry, Inc. completed the construction at their original bid price of $23,480.00. The total authorized construction budget was $28,074.00. DISCUSSION: Curt Bailey Masonry, Inc. has completed all items of work on the East Grand Avenue Enhancement Project in accordance .with the plans and specifications. The project involved the construction of a masonry screen wall within a five-foot (5') landscape and access control easement at the northeast corner of the East Grand Avenue and Courtland Street intersection. The work is part of a coordinated beautification effort between the City and Gil's Market, a private business. City forces removed the existing driveway approach and replaced it with curb, gutter and sidewalk concurrent with the masonry screen wall construction. The Parks, Recreation and Facilities Department will install landscaping and irrigation in the right-of-way at a future date. ------~----- ------..----------- CONSIDERATION OF ACCEPTANCE OF THE EAST GRAND AVENUE ENHANCEMENTS AT COURTLAND STREET PROJECT, PW 2005-06 NOVEMBER 8, 2005 PAGE 2 Staff is recommending the Council accept the improvements as constructed, authorize staff to file a Notice of Completion, and release the remaining portion of the 10% retention ($2,348.00) to Curt Bailey Masonry, Inc. thirty-five (35) days after the Notice of Completion has been recorded, if no liens are filed. ALTERNATIVES: The following alternatives are provided for the Council's consideration: . Approve staff's recommendations; . Do not approve staff's recommendations; . Modify as appropriate and approve staff's recommendations; or . Provide direction to staff. Attachment: 1. Notice of Completion S:IPUBLlC WORKS ENGINEERING SHARED ITEMSICapital Projectsl20051E Grand Enhancementst at Courtland - Gils Market\Council\Council Memo - Acceptance.doc ----- - ,.-- -- RECORDING REQUESTED BY . AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE Attachment 1 P.O. BOX 550 ARROYO GRANDE, CA 93421 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: I. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe. 2. The FULL NAME ofthe OWNER is: The Citv of Arrovo Grande 3. The FULL ADDRESS of the OWNER is: 214 East Branch Street. Arrovo Grande. California 9342/ 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee 5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES None 6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S.in interest of the undersigned ifthe property was transferred subsequent to the commencement of the work of improvements herein referred to: NAMES ADDRESSES None 7. All work of improvement on the property hereinafter described was COMPLETED October 21. 2005 8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for stich work of improvement is: Curt Bailev Masonrv. Inc. 9. The street address of said property is: 1490 East Grand Avenue. Arrovo Grande. California 93420 10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, Slate of California, and is described as follows: . East Grand Avenue Enhancements at Courtland Street Proiect. PW2005-06 Verification of NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that! know and understand the contents thereof, and the facts stated therein are true and correct. Don Spagnolo, PE, Director of Public Works/City Engineer November 9, 2005, Arroyo Grande, California -- END OF DOCUMENT-- -- .-- , - --.- -. --- - -- -- -------- --. 8.d. MEMORANDUM TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER /Jcr SUBJECT: CONSIDERATION OF THE PREPARATION OF A BRISCO ROAD- HALCYON ROAD/ROUTE 101 SUPPLEMENTAL PROJECT STUDY REPORT (PSR) TO APPLY FOR DESIGN AND CONSTRUCTION FUNDING AND ADDITIONAL APPROPRIATION TO COMPLETE THE SUPPLEMENTAL PSR AND PROJECT APPROVAL AND ENVIRONMENTAL DETERMINATION (PA&ED) DATE: NOVEMBER 8, 2005 RECOMMENDATION: It is recommended the Council: 1. Authorize the City Managerto execute a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental Project Study Report (PSR) for the Brisco Road- Halcyon Road/Route 101 project in order to apply for design and construction funding; 2. Authorize the City Manager to execute a contract amendment with Wood Rodgers, Inc. for additional items required to complete the Project Approval & Environmental Document (PA&ED) phase of project development; 3. Allocate an additional appropriation of $139,250 from the Transportation Facility . Impact Fund. FUNDING: It is estimated that $32,500 will be needed to prepare a Supplemental PSR. It is estimated. that $106,750 will be needed to complete PA&ED ($18,750 for the auxiliary lane and $88,000 for the environmental studies). The FY 2005/06 current fund balance in the Transportation Facility Impact Fund is approximately $2,325,528. This $139,250 allocation will bring the fund balance to $2,186,278. Staffwill request $26,875 (25% of $32,500 plus $18,750) in regional funding be programmed and reimbursed by the San Luis Obispo Council of Governments (SLOCOG) to help pay for a portion of work that is due to adding the northbound auxiliary lane to the project. -------...- CITY COUNCIL CONSIDERATION OF THE PREPARATION OF A BRISCO ROAD-HALCYON ROAD/ROUTE 101 SUPPLEMENTAL PROJECT STUDY REPORT (PSR) TO APPLY FOR DESIGN AND CONSTRUCTION FUNDING AND ADDITIONAL APPROPRIATION TO COMPLETE THE SUPPLEMENTAL PSR AND PROJECT APPROVAL AND ENVIRONMENTAL DETERMINATION (PA&ED) NOVEMBER 8, 2005 PAGE 2 DISCUSSION: Supplement Proiect Study Report (PSRI In 2001, the City was successful in obtaining Caltrans approval ofthe Brisco Road Halcyon Road/Route 101 Project Study Report-Project Development Report (PSR-PDS). The reason the document was approved as a PSR-PDS was due to the inclusion of Alternative NO.5 in the report. Alternative NO.5 presents the realignment of West Branch Street to the East Grande Avenue/Route 101 northbound off-ramp intersection. This improvement, which was proposed to improve local circulation, required a design exception. Caltrans would not approve the design exception, citing possible wrong way movements of vehicles traveling south on West Branch Street onto the Route 101 northbound off-ramp. At the time of approval, producing a PSR-PDS did not prevent the City from moving on to the next step of project development, the Project Approval and Environmental Document (PA&ED), because an approved PSR-PDS allows the programming of funds for PA&ED. With the approved PSR-PDS, the City was successful in securing regional funding for PA&ED, which is currently underway and being prepared by Wood Rodgers, Inc. Once the City obtains Caltrans approval of the PA&ED, it can apply for regional and state funding for the next phases of the project, final design and construction. Since the aforementioned path of project development and funding was started, subsequent events have occurred that may present other funding opportunities for this project. The Price Street Extension was terminated by the Pismo Beach City Council and approximately $13 million was returned to the San Luis Obispo Council of Governments (SLOCOG) for re-programming in its upcoming funding cycle. This presents a possible opportunity for the City of Arroyo Grande to request funding for final design and construction. However, State law and current programming guidelines do not allow the programming offinal design and construction funds until the City has an approved PSR or PA&ED. Through discussions with Wood Rodgers, Inc., it has been determined that due to required protocols, the PA&ED cannot be completed in time for the upcoming SLOCOG programming cycle. Therefore, the option of preparing a Supplemental PSR is being considered. This will require seve rid tasks, such as removing Alternative No. 5 from consideration and preparation of the following for the remaining alternatives: . Updated Right-of-Way Data Sheets . Storm Water Data Report . Updated Construction Cost Estimate . Design Exceptions - per the DIB 78 form . Updated Traffic Table B (accident and traffic data) . A review of the PEAR and discussion of its current relevance . A new Structure Advance Planning Study (APS) for the northbound auxiliary lane CITY COUNCIL CONSIDERATION OF THE PREPARATION OF A BRISCO ROAD-HALCYON ROAD/ROUTE 101 SUPPLEMENTAL PROJECT STUDY REPORT (PSR) TO APPLY FOR DESIGN AND CONSTRUCTION FUNDING AND ADDITIONAL APPROPRIATION TO COMPLETE THE SUPPLEMENTAL PSR AND PROJECT APPROVAL AND ENVIRONMENTAL DETERMINATION (PA&ED) NOVEMBER 8, 2005 PAGE 3 . Update of 2 APS (new structure over, and widen Brisco UC) . Geometric Drawings of the Alternatives to include the northbound auxiliary lanes . Viable Funding Plan agreed upon by City, SLOCOG, and Caltrans Wood Rodgers, Inc. has given the City an estimate of $32,500 to prepare the Supplemental PSR. This task is proposed to be added to their existing contract with the City. Wood Rodgers, Inc. has scheduled the Draft Supplemental PSR to be submitted to the City and Caltrans by December 1 , 2005. The Final Supplement PSR would need to be approved by Caltrans by January 19, 2005 in order to be considered in the SLOCOG programming cycle. It is important to note that Caltrans has not guaranteed they can process the Supplemental PSR in time to meet SLOCOG's deadlines. Therefore, there is some risk to the City involving this option. However, staff has determined this is the best alternative available to qualify for funding in the next cycle and has been coordinating with Caltrans staff to ensure it is processed as quickly as possible. Finally, even though the Supplemental PSR allows the programming of final design and construction funds, the PA&ED still needs to be completed and approved by Caltrans as part of the required project development process. Proiect Approval and Environmental Determination (PA&EDI The Project Approval and Environmental Determination (PA&ED) phase of project development is underway. To ensure comprehensive improvements and an acceptable level of service throughout the project study area, SLOCOG and Wood Rodgers, 'Inc. have recommended that a northbound auxiliary lane between Grand Avenue and Camino Mercado be added to the project. Wood Rodgers, Inc. has given the City an estimate of $18,750 to include the northbound auxiliary lane in the project. This item could be added to Wood Rodgers' existing contract and would not affect the overall project schedule. In addition, a meeting betweenCaltrans and Wood Rodgers' environmental subcconsultant was held on September. 13, 2005. At this meeting, Caltrans stated additional environmental studies would need to be completed in order to receive (National Environmental Policy Act) NEPA approval. NEPA approval is required as it is anticipated federal funding will be used in the final design and construction phases of the project. The additional studies required include: . California Red-Legged Frog Survey - In August of 2005, the United States Fish and Wildlife Service changed their survey protocol for the California redclegged frog. - CITY COUNCIL , CONSIDERATION OF THE PREPARATION OF A BRISCO ROAD-HALCYON ROAD/ROUTE 101 SUPPLEMENTAL PROJECT STUDY REPORT (PSR) TO APPLY FOR DESIGN AND CONSTRUCTION FUNDING AND ADDITIONAL APPROPRIATION TO COMPLETE THE SUPPLEMENTAL PSR AND PROJECT APPROVAL AND ENVIRONMENTAL DETERMINATION (PA&ED) NOVEMBER 8, 2005 PAGE 4 . ArchaeolOgical Survey Report (ASR) - An ASR was prepared during the previous phase of the project, but Caltrans has requested clarification of a few issues for the PA&ED phase of the project. . Historical Resources Evaluation Report (HRER) - Historical structures would need to be evaluated to determine their significance. This report will evaluate these resources for potential eligibility for listing in the National Register of Historic Places and/or to identify those resources that qualify' as historical resources under the California Environmental Quality Act (CEQA). . Initial Site Assessment (ISA) - An ISA was prepared during the previous phase of the project, but Caltrans is reviewing it to determine if it is adequate for the PA&ED phase of the project. . Asbestos Containing Materials (ACM) - This report would research and evaluate naturally occurring asbestos within the exposed soils along the route of the right of way. . Visual Impact Study - The proposed project will be visible from a state highway and from public roads. Therefore, a visual simulation of the proposed highway is required. The Visual Impact Study will include a visual analysis and photo simulations to address aesthetic impacts of the project which meet NEPA, CEQA, and Caltrans requirements and format. . Noise Study - There are several sensitive noise receptors within the project area (e.g., residences ). The noise analysis will be performed in accordance the most recent City of Arroyo Grande, Caltrans and FHWA requirements and guidelines. Assuming that minimal additional environmental studies will be needed (e.g., some of the environmental studies prepared under the previous phase of the project are still acceptable), it is estimated the additional work will cost $48,000. Assuming that all the additional environmental studies will be needed, it is estimated the additional work will cost $88,000. CITY COUNCIL CONSIDERATION OF THE PREPARATION OF A BRISCO ROAD-HALCYON ROAD/ROUTE 101 SUPPLEMENTAL PROJECT STUDY REPORT (PSR) TO APPLY FOR DESIGN AND CONSTRUCTION FUNDING AND ADDITIONAL APPROPRIATION TO COMPLETE THE SUPPLEMENTAL PSR AND PROJECT APPROVAL AND ENVIRONMENTAL DETERMINATION (PA&ED) NOVEMBER 8, 2005 PAGE 5 AL TERNA TIVES: The following alternatives are provided for the Council's consideration: . Approve a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental PSR, and additional items required to complete the Project Approval & Environmental Document (PA&ED); . Do not approve a contract amendment with Wood Rodgers, Inc. to prepare a Supplemental PSR. and additional items required to complete the Project Approval & Environmental Document (PA&ED); . Approve a contract amendment with Wood Rodgers, Inc. to just prepare a Supplemental PSR; . Approve a contract amendment with Wood Rodgers, Inc. to just prepare the additional items required to complete the Project Approval & Environmental Document (PA&ED); or . Provide staff direction. I I , I . - . - - --.----- -_._--- --.- - -_.- . - I 9.a. MEMORANDUM TO: CITY COUNCIL FROM: DANIEL C. HERNANDEZ, DIRECTOR OF PARKS, RECREATION AND~ FACILITIES . SUBJECT: CONTINUED PUBLIC HEARING - CONSIDERATION OF PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE COMMUNITY TREE PROGRAM DATE: NOVEMBER 8, 2005 RECOMMENDATION: It is recommended the City Council introduce an. Ordinance, amending portions of Chapter 12.16 of Title 12 of the Municipal Code regarding the Community Tre~ Program. FUNDING: There. is no impact to the General Fund. DISCUSSION: The proposed Ordinance was considered at a public hearing on September 27, 2005 and again on October 25, 2005. Following public hearing and subsequent Council comments, the Council continued the item to the November 8, 2005 meeting and directed staff to modify the Ordinance to provide clarification on the following items contained in the Ordinance: . Remove general definition of ''Tree'' in Section 12.16.020. . Increase the size of Regulated Tree from 6" to 12" in diameter when measured 4'6" from the base of the tree. . All references in the Ordinance to Oak Trees to be defined as Coastal Live Oak trees (Quercus Agrifolia) . Include a permit exemption for trees constituting an imminent fire hazard. These clarifications have been included in the revised Ordinance. ALTERNATIVES: The following alternatives are provided for the Council's consideration: Introduce the Ordinance; Modify and introduce the Ordinance; Do not introduce the Ordinance; Provide direction to staff. -- --- ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF CHAPTER 12.16 OF TITLE 12 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING THE COMMUNITY TREE PROGRAM WHEREAS, it is in the best interest of the City, the public, and the environment to have a comprehensive community tree program that promotes the preservation, the maintenance, and regeneration of all trees; and WHEREAS, on August 10. 2005, the Parks and Recreation Commission reviewed and considered the information presented and recommends approval of the proposed amendments to the Community Tree Program; and WHEREAS, on October 25,.2005, the City Council reviewed and considered the information and public testimony at a duly noticed public hearing. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12.16.010 of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code is hereby amended as follows: 12.16.010 Purpose. It is in the best interest of the City, the public, and the environment to establish a comprehensive community tree program that promotes: A. The preservation, the maintenance, and regeneration of all trees; B. A beautiful and aesthetically pleasing community; C. Trees or groves of unique or historical value and wildlife habitat; D. Educational programs that address the importance of trees in the environment and their role in purifying the air, providing shade, controlling erosion, and maintaining the rural, small town atmosphere. E. Improved communication between the Parks and Recreation Commission. Architectural Review Committee and PlanninQ Commission reQardinQ tree related issues and concerns. Further, in order to implement the goals and objectives of the parks and recreation element of the City of Arroyo Grande's general plan, and to mitigate the loss of open space and vegetation caused by new development in the City, the City Council has determined that a development impact fee (or the implementation of a tree planting plan in lieu thereof) is needed in order to finance the planting of trees and to pay for the development's fair share of the implementation of these improvements. This chapter establishes policies, regulations and specifications necessary to govern installation, maintenance and preservation of trees to accomplish the above stated purpose. .------ ----.---. --- ----- ORDINANCE NO. - PAGE 2 SECTION 2. Section 12.16.020 of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code is hereby amended as follows: 12.16.020 Definitions. For the purpose of this chapter, the following definitions shall apply: "Certified arborist" shall be one of the persons who has completed the requirements of, and who appears on the approved list of.the International Society of Arboriculture, Western Chapter. This list shall be available for review in the Community Development Department. "City" means the City of Arroyo Grande. "City Council" means the City Council of the City of Arroyo Grande. "Conditioned tree" means any tree that is to be preserved and protected from removal, destruction or loss as a requirement of a permit issued by a permit-granting authority. "Development" means any project involving the issuance of permit for construction or reconstruction, other than interior remodeling, but not a permit to operate. "Director" means the City Parks, Recreation and Facilities director or his or her duly appointed agent. "Dripline" means an imaginary vertical line running from the outermost branches or portions of the tree crown to the ground. "Excessive Pruninq" shall mean removinq in excess of one third (33.3 percent) or qreater of the functioninq leaf. stem, or root area of a tree. Pruninq in excess of 33.3 percent is iniurious to the tree and is prohibited unless written approval is qranted bv the Parks, Recreation and Facilities Director or his appointed representative prior to initiatinq the work. Toppinq and lion's tailinq shall be considered unacceptable pruninq practices for trees. "Imminent Fire Safetv Hazard" means trees that impinqe upon the fire defensible zone around structures as determined by the Director of Buildinq and Fire. The defensible zone is defined as that area 100 ft. around a structure or 200 ft. if structure is situated on or above a slope. "Landmark tree" or "landmark grove" means existing tree(s) on public or private property that has been found to be a notable horticultural specimen, or is of significant aesthetic, cultural or historical value, and is designated as such by resolution of the City Council, upon recommendation of the Planning Commission or Parks and Recreation Commission of the City. Landmark trees may include street trees. "Lion's Tailinq" means the removal of an excessive number of inner, lateral branches from parent branches. Lion's tailinq is not an acceptable practice. "Maintenance" means pruning, spraying, fertilizing, staking, irrigating, treating for disease or injury, and other similar acts that promote the life, growth, health or beauty of trees or shrubs. "Owner" means an individual, firm, association, corporation, partnership, persona and lessees, trustees, receivers, agents, servants and employees of any such person(s). "Parks and Recreation Commission" means the Parks and Recreation Commission of the City of Arroyo Grande. "Parks and Recreation Tree Subcommittee" means a subcommittee consisting of three members of the Parks and Recreation Commission, as appointed by the chairperson of the Parks and Recreation Commission. The Tree Sub-Committee (Parks ,--- ---- ..---.-.-- -- --- __ ORDINANCE NO. - PAGE 3 and Recreation Commission) is responsible for hearinq all appeals related to issuance of tree removal permits for recommendations to the City Council. "Permit-granting authority" means that appropriate individual or body designated by municipal code or state law to have the legal authority to issue the permit for which application was made. "Planting easement" means an easement adjacent to public right-of-way obtained for the purpose of planting and maintaining street trees. "Planning Commission" means the Planning Commission of the City of Arroyo Grande. "Public places" means all properties owned by the city and public easements. "Public streets" means . all City public rig ht-of-ways , including all public easements. "Requlated tree" means any tree located on properties in commercial, multi- family or mixed use zones; Coastal Live Oak trees (Quercus Aqrifolia) on properties in sinqle family residential zones that measure 12" in diameter when measured 4'6" from the base: and any trees located in the public riqht-of-way adiacent to the street on properties in sinqle family residential zones, whether city or privately owned. "Street trees" means any tree in any street, park, public place, or public easement. "Subdivision" means any subdivision of property, including minor subdivisions. "Toppinq" shall mean the severe cuttinqback of limbs to stubs larqer than three inches in diameter within the tree's crown to such a deqree so as to remove the normal canopy and disfiqure the tree. "Tree removal" means the destruction or displacement of a tree or shrub by cutting, bulldozing, mechanical, chemical or other method, which results in a physical transportation of the tree from its site and/or death of the tree. "Tree well" means an unsurfacedarea provided within a paved or concrete sidewalk for the planting of a tree. "Tree" means any woody plant with a trunk Eli3meter of four inches or mom whon measured four foet about grode, or multi trunk 'Noody plant 'Nith main bronches that total four inchm: or more when measured four feet above gr3do. For the purpose of this chapter, all Quercus (Oak) specios are declared to be treos at two inchos or more in diameter at grode. "Tree coordinator" means the City employee who is responsible for the City Landmark Tree Program, memorial tree planting, Arbor Day activities, education programs, issuing of tree removal permits, and coordination with citizens regarding tree matters. "Undeveloped property" means property that has been zoned to allow development, but which has not yet been developed. SECTION 3. Section 12.16.030 of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code is hereby amended as follows: 12.16.030 Street tree requirements. A. A street tree shall be planted at the time of construction by every property owner, except for subdivisions, spaced no farther than fifty (50) feet'apart along the street frontage of any building constructed. Interior remodeling permits and activity shall be exempt from street tree planting requirements. The director shall specify specific locations along the frontage of the constructed building for street trees and shrubs on "--_._- - . ---------_. - ._-----~._- ,--- - ORDINANCE NO. - PAGE 4 public streets and tree planting easements, and the species of tree shall be selected by the director from the master' street tree list on file with the Parks, Recreation and Facilities Department. Street trees shall be of a fifteen (15) gallon-container size (or greater) and comply with the standards set forth by the American Society of Nurserymen. B. For property within commercial or industrial zoned districts in the City, the property owners, upon construction, shall provide tree planting wells within any paved or concrete sidewalk. Street trees shall be planted within these wells as outlined in subsection A of this section, with the addition of installing deep root barriers. C. A fee, consistent with that established by the City Council for subdivision maps shall be imposed by the director, if the property owner requests that the City plant the required tree(s) on his or her behalf. D. All existing and proposed street trees shall be identified by the applicant on all construction and building plans and maps presented to the city. E. No existing street tree shall be removed or replaced without written authorization of the director or the tree coordinator. F. It shall be the responsibility of the property owner to properly maintain all street tree-planting areas upon his or her property, including any adjacent easement, regardless of whether such property is developed. Such maintenance shall include irrigation and keeping such planting easements free from weeds or any obstructions deemed contrary to public safety and in conformance with the plan approved by the director for the property involved. .G. The director shall, at city expense, inspect and, when necessary, remove and/or replace street trees. H. The director may cause the roots of young trees in the process of development to be cut to prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate for the loss of root area. I. The director may cause the removal of overhead limbs from any street tree, regardless of the location of such street tree, if, in the director's opinion, such removal is necessary in the interest of public safety. J. Nothing in this chapter shall be deemed to relieve the owner and occupant of any private property from the duty to keep his or her private property, sidewalks and planting easements in front of such private property in a safe condition and so as not.to be hazardous to public travel. K. Whenever a property owner desires to have a street tree removed, he or she shall apply to the director for a permit for such removal. The director may approve or deny such request. If tho director finds the tree is in gooEl GonElition and tho permit is grontod solely for tho convenionco of the applicants, the full cost of such removal and replacement shall be borne by the applicant. L. Any street tree damaged or destroyed by an individual shall be replaced through payment by the person or persons causing such loss to the City. The amount of such payment shall be the replacement value of the tree, as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree and shall be in addition to any criminal fine or penalty for municipal code violation. Any act intentionally damaging or destroying a street tree shall constitute a misdemeanor violation of this chapter. . -~ -- .- - -'--~ --~----_. -- -~- - ..---,.- - ORDINANCE NO._ PAGE 5 SECTION 4. Section 12.16.070 of Chapter 12.16 of Title 12 of the Arroyo Grande Municipal Code is hereby amended as follows: 12.16.070 - Tree removal in Multi Family Residential, Mixed Use or Commercial Zones. A. No person(s) shall allow or cause the removal of any regulated treefsj on property used or zoned multi-family residential, mixed use or commercial without first obtaining a tree removal permit from the director or tree coordinator. Furthermore, no Coastal Live Oak trees (Quercus Aqrifolia) qreater than 12" in diameter when measured 4'6" from the base located in sinqle family residential zoned areas and any trees located in the public. riqht of way in sinqle family residential zoned areas may be removed without first obtaininq a tree removal permit. The permit is available at no charge. B. Tree removal in the above locations without a permit shall constitute a misdemeanor violation of this chapter, and in addition, removed trees shall be replaced through payment by person or persons causing such loss to the City. The amount of such payment shall be the replacement value of the tree as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree; and it shall be in addition to any criminal fine or penalty for municipal code violation. . C. The intended decision of the director or tree coordinator for issuing or refusing a tree removal permit shall be based upon reasonable standards, including: 1. The condition of the tree regarding its general health, location to utilities or structures, or status as a public nuisance; 2. The necessity of the requested action to allow construction of , improvements or otherwise allow economic or other reasonable enjoyment of property; 3. The topography of the land and the effect of the tree removal on erosion and water retention; \ 4. The number, species, size and location of existing trees in the area and the effect of the tree removal on scenic beauty, historic values, fire safety and the general welfare of the city; 5. Good forestry practices in general. D. Standards for thePruninq of Trees on Private Property 1. The City Council may adopt by resolution standards for the pruninq of requlated trees on private property, with which all licensed tree companies doinq business in the City shall comply. At a minimum all pruninq shall comply with the standards established by the International Society of Arboriculture. 2. Failure to comply to with these standards as determined by the City Council shall constitute a misdemeanor violation of this chapter and may result in the suspension of the tree company's business license, if applicable, as follows: First offense, suspension of the business license for a period not exceedinq 90 days, and for a second offense or any subsequent offenses, by suspension of the business license for a period not exceedinq one year. E. Toppinq Prohibited. Intent. To insure healthy. structurally stable, aesthetically pleasinq trees and mitiqate public Iiabilitv. 1. Toppinq shall mean the severe cuttinq back of limbs to stubs larqer than three inches in diameter within the tree's crown to such a deqree so as to remove the normal canopy anddisfiqure the tree. It shall be unlawful to top or stub trees. 2. Utility line c1earinq shall be accomplished by the drop crotch method of pruninq and shall include side branches. ------~----- "-- --.- ----- ----.------ ORDINANCE NO. - PAGE 6 3. All pruninq of public trees shall be in accordance with current pruninq specifications of the City Parks Division. F. Appeals. Appeals reqardinq denial of tree removal permits by the Director are to be submitted in writinq to the Park and Recreation Commission within 14 days of the Directors decision. Actions of the Parks and Recreation Commission are final unless appealed to the City Council. g., G. Exceptions. A tree removal permit is not required for the following: 1. Trees in hazardous condition that represent an immediate danger to health or property as determined by the City; 2. Christmas tree lots; .3. Fruit trees; 4. Owners of firewood harvesting lots need not obtain a removal permit, if the species of trees harvested are eucalyptus or pines. 5. Trees that present an imminent fire safety hazard as determined in writinq by the Director of Buildinq and Fire. SECTION 2: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unlawful. SECTION 3: A' summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. On motion of Council Member, seconded by Council Member and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Ordinance was passed and adopted this day of 2005. -- _.~---- -.".- _._-- -~-------_._- --..-----.. --- ORDINANCE NO. - PAGE 7 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: I I TIMOTHY J. CARMEL, CITY ATTORNEY I ! ! l . ~-- ----- - ~- -~---- I , 9.b. , MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J. CARMEL, CITY ATTORNEY ~ SUBJECT: CONSIDERATION OF A RESOLUTION ORDERING FORMATION OF THE PARKSIDE VILLAGE ASSESSMENT DISTRICT, CONFIRMING ASSESSMENTS, DISTRICT DIAGRAM AND APPROVING THE LEVYING OF ASSESSMENTS DATE: NOVEMBER 8, 2005 RECOMMENDATION: It is recommended the City Council adopt a Resolution Ordering the Formation of the Parkside Village Assessment District, Confirming Assessments, Assessment District Diagram and Approving the Levying of Assessments. FUNDING: The total assessment amount of $54,830.75 per annum collected from all benefited properties within the District is the estimated cost of operation and maintenance of improvements, as described below. This amount includes administrative costs and is subject to an annual cost of living adjustment. DISCUSSION: The conditions of approval for the Parkside Village Subdivision ("Tract 2310") require formation of an assessment district to fund operation, maintenance, and repair costs associated with certain specified tract improvements. Pursuant to the procedure set forth in the Landscaping and Lighting Act of 1972 (Streets and Highways Code 922500 et seq.) Parks ide Village LLC, ("Owner"), the sole owner and developer of the Parkside Village Subdivision, has filed a petition ("Petition"), attached as Exhibit "A", which requests establishment and formation of the Parks ide Village Assessment District. On July 26, 2005, the Council adopted a Resolution initiating proceedings for formation of . the Parkside Village Assessment District. On September 13, 2005, the Council adopted a Resolution declaring an intention to form the Parkside Village Assessment District. Parkside'Village LLC, has prepared, and the Council has considered and approved the required Engineer's Report, attached as Exhibit "B", which describes and establishes the formula utilized, assessment amounts for each benefiting unit as well as the total assessment within the proposed assessment district. Within the Petition, Parkside Village LLC waived notice of the required assessment district protest hearing, however, the City elected to provide notice and require an assessment ballot ("Assessment CITY COUNCIL CONSIDERATION OF A RESOLUTION ORDERING FORMATION OF THE PARKSIDE VILLAGE ASSESSMENT DISTRICT, CONFIRMING ASSESSMENTS, DISTRICT DIAGRAM AND APPROVING THE LEVYING OF ASSESSMENTS NOVEMBER 8, 2005 PAGE 2 Ballot") prior to final Council consideration of the formation of the Parkside Village Assessment District, pursuant to Government Code 953753. This preserves the Owner's absolute right to withdraw its support for District formation. The City received the Assessment Ballot with an affirmative vote, which was determinative, for formation of the Assessment District. The affirmative vote for formation of the District has not been withdrawn. The final step in this process is the Council's consideration of a Resolution ordering formation of the Parkside Village Assessment District, confirming assessments, district diagram and approving the levying of assessments. ALTERNATIVES: The following alternatives are provided for the Council's consideration: 1. Approve staff's recommendation to adopt a resolution ordering the formation of the Parkside Village Assessment District, and confirming assessment, diagram, and levying assessments thereon; 2. Do not approve staff's recommendation to order formation; 3. Provide direction to staff. Attachment: 1. Petition- Exhibit "An 2. Engineer's Report- Exhibit "Bn RESOLUTION NO. ~A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ORDERING FORMATION OF THE PARKSIDE VILLAGE ASSESSMENT DISTRICT CONFIRMING ASSESSMENTS, ASSESSMENT DISTRICT DIAGRAM, AND APPROVING THE LEVYING OF ASSESSMENTS. WHEREAS, the City of Arroyo Grande ("City") is authorized under the procedures of the " Landscaping and Lighting Act of 1972 (commencing with Streets and Highways Code 922500 et seq.) to form an assessment district and to levy assessments thereon to maintain certain specified improvements within the City; and WHEREAS, Parkside Village, LLC, ("Owner") is the sole Owner and developer of certain real property, located on Farrol Road at Dixon Street, APN: 077-251-005, within the City (the "Property") being developed with certain improvements as a residential subdivision commonly known as Tract 2310-1 and Tract 2310-2 (the "Project"); and WHEREAS, Owner has filed a petition with the City Clerk ("Petition"), requesting the City to form an assessment maintenance district, commonly referred to as the Parkside Village Assessment District (hereinafter referred to as "District") to provide a means to finance the costs of the maintenance, operation and service (including administrative costs, and establishing a reasonable reserve), for improvements that specifically benefit , the Property; and WHEREAS, said improvements are described in the Engineer's Report (the "Improvements") and include, but are not limited to: Landscaping bordering Farrol Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12, and 13 of Phase 1, mini park, pedestrian pathway easement and drainage basin; fencing, gates and walls bordering Farrol Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12, and 13, park and drainage basin; the pathway easement, lighting and all improvements between lots 1, 2 and 3 between Dixon Street and the mini park; the mini park and all improvements to include walkways, play area, benches, and basketball court on Lot 24; the drainage retention basin and all improvements to including water separator on Lot 25, and French drain(s) along the East boundary of Tract 2310-2; and WHEREAS, pursuant to Streets and Highways Code 922565 et seq., the Owner prepared and the Council has approved an Engineers Report, on file in the Office of the City Clerk and incorporated herein, which describes and establishes the assessment amount(s) for each benefiting unit; and WHEREAS, pursuant to Streets and Highways Code 922587, the City Council has adopted a resolution of intention to order the formation of the District and levy of assessments; and WHEREAS, pursuant to Government Code Section 53753, the City provided all required notice of the hearing on the proposed assessment district to the Owner along with an assessment ballot ("Ballot") and City received the Ballot with an affirmative vote of support for the proposed formation of the District and levy of assessments, a copy of RESOLUTION NO. PAGE 2 ~ which is attached hereto as Exhibit "A", and said affirmative vote was not withdrawn by the ,owner; and WHEREAS, the Owner is the sole owner the Property comprising the District and its support of the proposed District is determinative, therefore there is no protest to assessment district formation and levy of assessments. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande, as follows: Section 1. The foregoing recitals are true and correct, and incorporated herein by this reference. Section 2. That the public necessity, convenience and desirability requires the acceptance, and maintenance of those certain Improvements, more particularly described in the Engineer's Report and hereby orders such Improvements to be accepted by City and maintained by District, which is hereby formed pursuant to The Landscaping and Lighting Act of 1972. Section 3. That all the parcels of land within the District have been assessed in proportion to the special benefit to be received by such parcels for the maintenance of such Improvements, and the City Council hereby declares that such Assessment Roll and Assessment District Diagram as contained in the Engineer's Report are hereby adopted and confirmed by the, City Council, and the assessments contained or referenced in the Engineer's Report are hereby levied. Said assessments are subject to annual adjustment according to changes set forth in the U.S. Bureau of Labor Statistics Consumer Price Index used by the City. Section 4. That the City Clerk is hereby directed to file the Assessment District Diagram and Assessment Roll with the County Auditor, and such assessments shall, become due and payable; and the City Clerk is hereby further directed to record in the Office of the San Luis Obispo County Recorder a copy of such Assessment District Diagram and to execute a Notice of Assessment and such assessment will become a lien upon the land on which it is levied, all pursuant to the Landscaping and Lighting Act of 1972. On motion by Council Member , seconded by Council Member , and on the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this _ day of ,2005. RESOLUTION NO. PAGE 3 TONYFERRARA,MAYOR ATTEST: KELL YK. WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY EXHIBIT A NOTICE OF PUBLIC HEARING ON THE PROPOSED FORMATION OF THE P ARKSIDE VILLAGE ASSESSMENT DISTRICT AND LEVY OF ASSESSMENTS UPON BENEFITING PROPERTY This notice if given pursuant to Government Code S 53753 and is intended to provide notice to the owner of the real property commonly known as Tract 2310-1 and 2310-2 ("Parkside") of a public hearing to be held by the City Council of the City of Arroyo Grande with regard to the proposed formation of an assessment district known as the "Parkside Village Assessment District" and the proposed levy of assessments on said real property. The purpose of the proposed assessments is to ensure funding for the annual operation, maintenance and repair of certain specified improvements associated with Parkside.The total amount of the proposed annual assessment for Parkside is Fifty-four Thousand Eight Hundred Thirty Dollars and 75/100 cents ($54,830.75). The total amount chargeable to the record owner of Parkside is Fifty-four Thousand Eight Hundred Thirty Dollars and 75/100 cents ($54,830.75).' The total assessment is calculated based on the cost of annual operation, maintenance and repair of specified improvements and is equitably distributed within Parkside on the basis of the benefit of said improvements to each parcel located therein. These assessments would be levied upon said real property and collected annually with the property tax of each respective parceL A copy of the Assessment Engineer's Report upon which the proposed assessment is based is on file and may be reviewed at the office of the City Clerk, City of Arroyo Grande, located at 214 E. Branch Street, Arroyo Grande, CA.. A public hearing regarding the proposed formation of the Parkside Village Assessment District and the levy of assessments is scheduled for November 8, 2005 at 7 p.m. in the Arroyo Grande Council City Chambers located at 215 E. Branch Street, Arroyo Grande, CA. _n ______~__ __ _ Attached to this notice as EXhibit" A" is a Ballot regarding the proposed assessment. The "Ballot should be completed and submitted to the City Clerk of the City of Arroyo Grande at the above-referenced address. Because you are the sole owner of all benefiting property within the proposed Parkside Village Assessment District, your support or opposition to proposed assessment will be determinative. , EXHIBIT U AU ASSESSMENT BALLOT FOR THE PROPOSED P ARKSIDE VILLAGE ASSESSMENT DISTRICT TOTAL ASSESSMENT AMOUNT .$ 54,830.75 Owner's Name: Parkside Village. LLC Street Address: Farrol Road at Dixon Street APN: 077-251-005 Subdivision No.: Tract 2310-1 and Tract 2310-2 This Assessment Ballot is for the use of the owner of the real property described above to support or oppose the levy of the proposed assessment for the Parkside Village Assessment, District. This Assessment Ballot must be signed and either mailed or otherwise delivered to the City of Arroyo Grande at 214 E. Branch Street, Arroyo Grande, CA 93420, prior to the conclusion of the public hearing on the above assessment, which hearing is scheduled to be held on Tuesday, November 8,2005 at 7 p.m., at the Arroyo Grande City Council Chambers located at 215 E. Branch Street, Arroyo Grande, CA. Regardless of the method of delivery, this Assessment Ballot must have a mark next to "support" or "oppose" and must be properly signed in the place provided and must be received at such address or at the location of such public hearing, prior to the conclusion of the public hearing. The Assessment Ballot may be changed or withdrawn after it is submitted by the person who submitted the Ballot prior to the conclusion of the public hearing on the proposed assessment. Because you are the only property owner of the benefiting property, your Assessment Ballot will determine whether or not the ParksideVillage Assessment District will be formed and the assessment levied. In order for your Ballot to be effective please: 1. Check the appropriate box; 2. Print and sign your name in the space provided; and 3. Return your Ballot to the City of Arroyo Grande prior to the conclusion of the public hearing above referenced. I hereby certify that I am an owner of the above described property or authorized to vote on behalf of the ownership, and 00 Yes, I SUPPORT the proposed assessment as described above. D No, I OPPOSE the proposed assessment as described above. , \&~~ltAi ~dl~~, ~ 'iloxrm~Mr-6 ~an~ Rtmbw ner's signature or Authorized Agent * Print Owner's Name or' uthorized Agent * * If signed by Authorized Agent then let Owner's signed, written authorization must be attached to this ballot. PARKSIDE VILLAGELLC ACTION BY MEMBERS WITHOUT A MEETING The undersigned, being a quorum of members of Parkside Village LLC, a California Limited Liability Company, consent to the following actions of the company: 1. Adoption of the following resolutions by the members: The members have reviewed the Notice of Public Hearing on the Proposed Formation of the Parkside Village Assessment District and Levy of Assessments Upon Benefiting Property, Engineers Report and all documents in connection with it and as sole owner of the property support the formation of the assessment district. 2. Therefore it is resolved that Parkside Village LLC execute the Assessment Ballot in support thereof and that Warren Sanders, as managing member, is authorized, empowered and directed on behalf of Parkside Village LLC to execute the Ballot and all other documents to be executed in connection with it and to take all actions necessary to conclude the formation of the assessment district. This consent is granted under California Corporations Code section 17104(i) with respect to all membership interests held by the undersigned that are entitled to vote, on these matters. w~l~ Date: September 28, 2005 Warren Sanders - - ---- - --_.._-_.~-- - -...-- - -~ EXHIBIT "An PETITION REQUESTING FORMATION OF THE PARKSIDE VILLAGE ASSESSMENT DISTRICT NO.1 WHEREAS, the Petitioner, Parkside Village, LLC a Limited Liability Company, (hereinafter referred to as "Developer" or "Owner(s)") is the sole owner and developer of certain real property (hereinafter referred to as "Property") located in the City of Arroyo Grande,(hereinafter referred to as the "City"); and WHEREAS, Developer is developing the Property as a single family residential subdivision approved by the City as Tract 2310, Phases 1 and 2 (hereinafter referred to as the "Project"); and WHEREAS, the City of Arroyo Grande has conditioned and required the Project be hnproved with landscaping, lighting, pedestrian walkway, park, french drain and drainage basin (herein "Improvements"); and WHEREAS, Developer, as the sole owner of the Property to be benefited by the Improvements hereby requests the City of Arroyo Grande under the conditions of approval of the project to establish an assessment district to provide for the cost of the operation, maintenance and repair (including City's administrative costs and establishment of a reasonable reserve) for said Improvements; NOW, THEREFORE, by this Petition, the undersigned Developer requests the City to accomplish the following with regard to the Property: 1. Formation of Assessment District. Owner requests the City to form an assessment district (hereinafter referred to as "The Parkside Village Assessment District") for the purpose of levying an annual assessment against the Property and each lot or parcel therein in the amount, for the purpose of funding the annual costs of the operation, maintenance and repair and incidental expenses (including City, administrative costs and establishing a reasonable reserve) for the Improvements. The undersigned Owner understands that such Improvements and the operation, maintenance and repair of same are of special benefit to the Property, each lot to be created therein, and the public. 2. Description of land to be Included in Proposed Improvement District. The land to be included in the proposed Parks ide Village Assessment District is the property described as Tract Map 2310, Phase 1 and Phase 2, 3. Names of all Owners of the Property. Parkside Village, LLC, is the sole Property owner whose address is 1350 East Grande Avenue, Arroyo Grande, CA 93420. 1 Tract 2310 Maintenance District .-- - 4. The Proposed Improvements to be Maintained by the Assessment District are Described as Follows: A. Landscaping bordering Farrol Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12, and 13 of Phase 1, mini park, pedestrian pathway easement and drainage basin. B. Fencing, gates and walls bordering Farrol Road, Bakeman Road Entrances, behind and along Bakeman Lots 10, 11, 12, and 13, park and drainage basin. C. The pathway easement, lighting and all improvements between lots 1, 2 and 3 between Dixon Street and the mini park. D. The mini park and all improvements to include walkways, play area, benches, and basketball court on Lot 24. E. The drainage retention basin and all improvements to include, water separator, on Lot 25 and french drain long the east boundary of Tract 2310-2. 5. Amount of the Annual Assessment. The formula for establishing the assessment and the annual assessment to be levied against the Property to fund the operation, maintenance and incidental expenses (including administrative costs and establishing a reasonable reserve) of the Improvements is to be described in a report prepared by the City Engineer. The City may establish the administrative costs, a reasonable reserve amount and the discount rate for public use of the park and walkway. 6. Apportionment of Annual Assessments Among Subdivision Lots or Parcels. Owner understands that the formula used to calculate the assessments shall accurately reflect the proportionate special benefitreceived by each such lot or parcel or public arising from the operation, maintenance and repair of the Improvements, as determined by the City. 7. Waiver of Notice of Assessment District Protest Hearing. The undersigned Developer, as sole Owner of the Property to be included in the proposed Parkside Village Assessment District, hereby waives the resolution, report, notices of hearing, right of majority protest, and any other formalities in establishing the Parks ide Village Assessment District in order to effectuate its formation. 8. ; Effect of City's Failure to Form Assessment District. In the event the City fails to form the Parkside Village Assessment District, Owner understands that Owner shall be responsible for maintenance of the Improvements through the establishment of a Homeowners Association as required by the conditions of approval for Tract 2310. 9. Ballot in Favor of Assessment District. The undersigned Developer executes this Petition both as the Owner's Petition for the formation of the Parkside Village Assessment District, and as the Owner's Ballot in favor of the assessments to 2 Tract 2310 Maintenance District be charged or levied against the Property and the individual lots and parcels therein. In addition, the undersigned Owner hereby authorizes the City Clerk to file this Petition as Owner's ballot in favor of forming the Parkside Village Assessment District. I 10. Notices. Notices required to be given shall be addressed as , follows: CITY: DEVELOPER: City of Arroyo Grande Parkside Village, LLC 208 East Branch Street 1350 East Grande Avenue Arroyo Grande, CA 93421 Arroyo Grande, CA 93420 Attn: City Clerk 11. Successors and Assigns. The City and Developer agree that this Petition shall run with the land and shall be binding upon the Developer, his/her heirs, successors, executors, administrators and assigns, including successor individual lot owners, and shall inure to the benefit of the City and its successors and assigns. 12. Authority to Execute Agreement. The undersigned hereby represent that the individual executing this Petition is , expressly authorized to do so for and on behalf of Parkside Village, LLC, a Limited Liability Company. PROPERTY OWNER! DEVELOPER: PARKSIDE VILLA E, LLC A Limite Liability ompany By: ,7(?J-j05 Warren San ers Its: Managing Member Date: 3 Tract 2310 Maintenance District EXHIBIT "B" The Keith Companies I TKC l Preliminary Engineer's Report for Parkside Maintenance District No.1 Fiscal Year 2006-07 City of Arroyo Grande State of California Prepared for: S&S Homes of the Central Coast , Prepared by: The Keith Companies - Ventura Division 310 North Westlake Blvd., Suite 150 Westlake Village, CA 91362 (80S) 495-6522 August 18, 2005 ' ---- TABLE OF CONTENTS City Directory, ,.... ..... ..., ,......,.......... ..., ..,...... ,... .,....,.",.. ,........ ,........ ,.... ....,......, ..... .......,.......... ,..I Certificates......................................................................................... _.................... _............. .2-3 Section 1 - Introduction.. .... ............ .... .... .... ..... ....... ... .., ..... ..... ......... ..... ..... ......... ... .... ........... .... ... 4 Section 2 - Report.""."",.,."",.",.""."".",."".,.".""",.""."".,.,..,.,."".""""""""""."",.""" ,..5-6 Part A - Plans and Specifications....... ....................................................................... .,...... . no 7 Part B - Estimate of Cost.. ......, ,...... ,.............'..'...., ,.... ,........ ,....,........ ..... ..... ........... ,....,..,..8 Part C - Assessment District Diagram... ....... .,_ ........ ...... ...... ................ ,_.... ..... ...:. ...................9 Part D - Method of Apportionment of Assessment. ....,.... ,....,.........., ..,..,.. ......,..................,..10-12 Part E _ Assessment RoiL,.,.,,'.,.,."."'.,.".,.".""""".,..,.,."".,.,.""."""""""'." ,...,."." ..13-14 Exhibit "A" - Cost ofImprovements Exhibit "B" - Benefit Exhibit Exhibit "e" - Assessment Diagram i Parkside Maintenance District Fiscal Year 2006-07 CITY OF ARROYO GRANDE MAYOR. CITY COUNCIL MEMBERS AND STAFF MEMBERS Tony M. Ferrara Mayor/Chair Joe Costello Mayor Pro TemIVice Chair Jim Dickens CouncillBoard Member Jim Guthrie Council/Board Member Ed Arnold CounciVBoard Member Steven Adams City Manager Tim Carmel City Attorney Kelly Wetmore Director of Administrative Services/City Clerk Don Spagnolo, P.E. Director of Public Warks/City- Engineer Daniel Hernandez Director of Parks, Recreation & Facilities I The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 CERTIFICATES CITY OF ARROYO GRANDE PARKSIDE MAINTENANCE DISTRICT NO. I FISCAL YEAR 2006-07 The undersigned, acting on behalf of The Keith Companies, Inc., respectfully submits the attached Engineer's Report as directed by the City of Arroyo Grande pursuant to the provisions of Article XIIID, Section 4 of the California Constitution and the Landscaping and Lighting Act of 1972, Sections 22500 seq. of the California Streets and Highway Code. The undersigned certifies that he is . (1 o~- Engineer of Work: Edward Collins, P.E. , R.C.E. No. 54032 , Expires 12/31/05 I HEREBY CERTIFY that the attached Engineer's Report, together with the Assessment Roll and el AI.\.~u.5"" Assessment Diagram thereto attached, was filed with me on the ~ day of , 2005. Kelly Wetmore, City Clerk City of Arroyo Grande San Luis Obispo County, California By: 2 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 I HEREBY CERTIFY that the attached Engineer's Report, together with ,the Assessment Roll and Assessment Diagram thereto attached, was approved and confirmed by the City Council of the City of Arroyo Grande, San Luis Obispo County, California on the /3-rK day of 5 f.. p-( t m tJ E t<.. , 2005. Kelly Wetmore, City Clerk City of Arroyo Grande San Luis Obispo County, California B'~' ihMWiJM- I HEREBY CERTIFY theatthe enclosed Engineer's Report, together with the Assessment Roll and Assessment Diagram thereto attached was filed with the County-Clerk Recorder,of the County of San Luis Obispo, on the day of ; 2005. Edward Collins, P.E. The Keith Companies, Inc. By: 0 3 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 SECTION I INTRODUCTION ENGINEER'S REPORT CITY OF ARROYO GRANDE PARKSIDE MAINTENANCE DISTRICT NO. I FISCAL YEAR 2006-07 To insure a flow of funds for the construction, operation, maintenance and servicing of specified improvements with in the boundary the subdivision known as Parkside (Tract Maps 231O-1 and 2310-2); the City Council will approve the City of Arroyo Grande's Parkside Maintenance District No. I ("The District") this fiscal year. Asrequired by the Landscaping and Lighting Act of I 972 ("The Act"), this Engineer's Report describes the improvements to be constructed, operated, maintained and serviced by the District for Fiscal Year 2006-07, provides an estimated budget for the District, and lists the proposed assessments to be levied upon each assessable lot within the District. The boundaries of the District are shown on the Assessment Diagram and incorporated into this report as Part "e". The cost of operation, maintenance and servicing of the improvements to be funded by the District will be apportioned to each lot within the District in proportion to the special benefit it receives. The method of assessment may be amended from time to time by the City Council, in order to apportion the costs in relation to the benefits being received. However, if the assessments are increased from the prior year they will be subject to the noticing and balloting procedures referenced in Proposition 218. Payment of the assessment for each lot wiIIbe made in the same manner and at the same time as payments lI!'e made for property taxes. All funds collected through the assessment must be placed in a special fund and can only be u,sed for the purposes stated wi thin this report. The City will hold a Public Hearing on August 23, 2005 to provide an opportunity for any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the levy of assessments as originally proposed or as modified. Following the adoption of this resolution and recordation of the District's Tract Maps, the final Assessor's roll will be prepared and filed with the San Luis Obispo County Auditor's office to be included on the Fiscal Year 2006-07 tax r?ll. 4 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 SECTION II ENGINEER'S REPORT PREPARED PURSUANT TO THE PROVISIONS OF LANDSCAPING AND LIGHTIN~ ACT OF 1972 SECTION 22500 THROUGH 22679 OF THE CALIFORNIA STREETS AND HIGHWAY CODE CITY OF ARROYO GRANDE PARKSIDE MAINTENANCE DISTRICT NO.1 FISCAL YEAR 2006-07 Pursuant to the Landscaping & Lighting Act of I 972 (Part 2 of Division 15 of the Streets and Highways Code ofthe State of Cali fomi a, commencing with Section 22500), this Engineer's Report is submitted to the City Clerk of the City of Arroyo Grande in connection with the proceedings of the City Council to consider the establishment of the Parkside Maintenance District No. 1. Edward Collins, duly-authorized representative of The Keith Companies, Inc., consultant to the City, submits this Engineer's Report consisting of the following parts: PART A: PLANS AND SPECIFICATIONS This part describes the improvements of the District. Preliminary design documents for the improvements are as set forth on the lists thereof, attached hereto,and are on file in the Office of the City Engineer of the City of Arroyo Grande, and are incorporated herein by reference. Plans are incorporated into the assessment diagram, listed as Exhibit "C", as allowed under Section 22568 of the Act. Exhibit "C" displays the District as consisting of2 zones: one (1) and two (2). PART B: ESTIMATE OF COST This part contains an estimate of the cost of the proposal improvements for fiscal year 2006~07, including incidental costs and expenses in connection therewith, as set forth on the lists thereof, attached hereto. PART C: ASSESSMENT DISTRICT DIAGRAM This part incorporates, by reference, a Diagram of the District showing the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel of land within the District. This Diagram has been prepared by the Engineer of Work. The lines and dimensions of each lot within the District are those lines and dimensions to be shown on the maps of the San Luis Obispo County Assessor following the recordation of Tract Maps 2310-1 and 2310-2. Assessor's maps will be prepared following the recordation of the Tract Maps. 5 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 PART D: METHOD OF APPORTIONMENT OF ASSESSMENT This part describes the method of apportionment based upon the parcel classification of land within the District, and in proportion to the estimated benefits to be received. PART E: ASSESSMENT ROLL This part contains a description of each lot of property proposed to be subject to the assessment, including the amount of the assessment on each lot for Fiscal Year 2006-07. 6 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 PART A PLANS AND SPECIFICATIONS The facilities within the Parkside Maintenance District No. I will be constructed by the subdivider. Those improvements to be constructed will be operated, maintained and serviced generally described as follows: DESCRIPTION OF IMPROVEMENTS The following improvements are proposed to be operated, maintained and serviced in the Parkside Maintenance District No. I for Fiscal Year 2006-07: Landscaping and Block Walls along Farroll Avenue and Bakeman North, a Park, a Detention Basin and Water Separator, a Sidewalk and Path to Parks, Fencing, and a French Drain. Services include, but are not limited to: personnel; contractual services; grading; clearing; removal of debris; installation or reconstruction of said improvements at the end of their expected lifespan; and any other items necessary for the maintenance or servicing of the facilities. Maintenance means the furnishing of services and materials for the ordinary and usual operations, maintenance and servicing of the landscaping, park or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, , irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal oftrimmings, rubbish, debris and other solid waste. 7 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 PART B ESTIMATE OF COST The 1972 Act provides that the total cost of installation, construction, operation, maintenance and ,servicing oflandscaping and appurtenant facilities can be recovered by the District. Incidental expenses, including administration of the District, engineering fees, legal fees, printing, posting, and mailing of notices, and all other costs associated with the annual collection process can also be included. Annual levy reports will be prepared to update the District budget and assessments. Annual cost indexing of the maximum authorized assessments will be tied to the regions Consumer Price Index (CPI). The proposed operation, maintenance and servicing costs for Fiscal Year 2006-07 are summarized below. As preliminarily As Confirmed and Approved Recorded Fund Balance July I $0.00 Add Revenues: Assessments $54,830.61 Use of Money $0.00 Total Revenues ' $54,830.61 , ' ' Less Appropriations Landscaping $13,459.95 Park $12,310.27 Detention Basin $15,545.45 , Block Walls $714.00 Pathways $109.96 Fencing $94.86 French Drain $1,630 Engineering & Administration $1O,966.12 Total Expenditures '. $54,830.61 Revenues Over (Under) $0.00 Fund Balance on June 30 $0.00 See exhibit "A" for details on costs of improvements. The 1972 Act requires that a special fund be set up for revenues and expenditures of the District. Funds raised by the assessments shall be used only for the purpose as stated herein. A contribution to the Parkside Maintenance District No. I may be made to reduce assessments as the City deems appropriate. Any balance remaining on July I must be carried over to the next fiscal year unless the funds are being accumulated for future capital improvements and operating reserves. 8 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 PARTC ASSESSMENT DISTRICT DIAGRAM Properties located within the proposed City of Arroyo Grande Parkside Maintenance District No. I are within the subdivision known as Parkside (Tract Maps 2310-1 and 2310-2). The lines and dimensions of each lot within the District are those ,lines and dimensions shown on the Tract Maps approved and/or in plan check with the City of Arroyo Grande Department of Public Works for the year when this report was prepared. The Assessment District Diagram for the District is included in this report as Exhibit "C". , , , 9 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 PARTD METHOD OF APPORTIONMENT OF ASSESSMENT GENERAL Part 2 of Division 15 of the Streets and Highways Code, the Landscaping and Lighting Act of 1972, permits the establishment of assessment districts by Agencies for the purpose of providing certain public improvements which include the operation, maintenance and servicing of improvements. Section 22573 of the Act requires that maintenance assessments musl' be levied according to benefit rather than according to assessed value. This section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefit to be received by each such lot or parcel from the improvements" "The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 commencing with Section 5000 of the Streets and Highways Code, State of Calif ornia)" . In addition, Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Because assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article ilIA of the Clilifornia Constitution. The 1972 Act permits the designation of zones of special benefit within any individual assessment district if "by reasons or variations in the nature, location, and extent of the improvements, the various areas will receive different degrees of benefit from the improvement" (Sec. 22574). Thus, the Act requires the levy of true "assessment" rather than "special tax." Article xllrn provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment. Exempted from the assessment would be the areas of public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, public easements and right-of-ways, public greenbelts and public parkways. 10 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 BENEFIT ZONE CLASSIFICATION The City of Arroyo Grande's Parkside Maintenance District No.1 will be formed to provide a funding source for the operation, maintenance and servicing of improvements within the boundaries of the District. All lots within zone two (2) [TractMap 2310-2] of the district benefit from each said improvement. All lots within zone .one (l) [Tract Map 2310-1] benefit from each said improvement, except for Detention Basin improvements and French Drain improvements. The aforementioned special benefit zones will be created to allocate assessments in relation to the benefits received by each zone. ASSESSMENT METHODOLOGY Due to the similar use of each lot within their respective subdivision zones, the total operation, maintenance and servicing costs for the improvements are apportioned to each lot .equally for the given zone. All improvement costs assessed in Zone I will be apportioned equally amongst the lots within Zone 1. All improvement 'costs assessed in Zone 2 will be apportioned equally amongst the lots within Zone 2. See Exhibit "B" for details. BENEFIT DETERMINATION It is necessary to identify the benefit that the improvements will render to the properties within the Assessment District. It is also necessary that the properties receive a special and direct benefit as distinguished from general benefit to the general public. Landscaping and hardscaping, if well maintained, provide beautification, shade and enhancement of the desirability of the surroundings, thereby providing a special benefit. These improvements provide special and direct benefits to each property located within the District. Because the proposed, improvements do not provide benefit to properties outside the District, no allocation of general benefit is required. The proposed park provides a place for recreation within the proposed subdivision (Tract 2310), thereby providing a special benefit. These improvements provide special and direct benefits to each property located within the District. However, the City of Arroyo Grande has determined that park facilities will provide some general benefit to the public. Since the park is accessible to the general public, IS percent of the benefit is classified as general. The remaining 85 percent ofthe benefit is classified as special. The proposed detention basin collects storm drainage from property located in Zone 2 of Tract 231 0, thereby providing a special and direct benefit only to Zone 2. Proposed block walls along Farroll Avenue and Bakeman North provide beautification of the surroundings, thereby providing a special benefit. These improvements provide 11 The Keith Companies, Inc. 08/18/05 Parkside Maintenance District Fiscal Year 2006-07 special and direct benefits to each property located within the District. Because the proposed improvements do not provide benefit to properties outside th~ District, no allocation of general benefit is required. The proposed park pathways provide a pedestrian route to parks within orjust outside the proposed subdivision (Tract 2310), thereby providing a special benefit. These improvements provide special and direct benefits to each property located within the District. However, the City of Arroyo Grande has determined that pathways to park facilities will provide some general benefit to the public. Since the park pathways are accessible to the gener'al public, IS percent of the benefit is classified as general. ,The remaining 85 percent of the benefit is classified as special. The proposed park fencing will provide safety for the proposed park, thereby adopting the same benefit classifications as the park: IS percent general benefit and 85 percent special benefit. The proposed French drain will provide drainage to the easterly boundary of Zone 2 (Tract 231 0-2), thereby providing a special and direct benefit only to Zone 2. 12 The Keith Companies, Inc. 08/18/05 , , Parkside Maintenance District Fiscal Year 2006-07 I PARTE ASSESSMENT ROLL I ^ll!f"'~''''lr'''#'j;'}'K''~ ;;;"j:;irf2()1l6;Qi'C'" """i' i0i':;.f:V;2()06;Qt C"'{t0?J ,.. '-~""I.::"" 'ot'. "I~.,,:-_h,.-,. ',::;\:':j:':-;',:". -_ ..; _:i~;':?~~~'",;_:;,} -:':I{i'ft, ,;' f... ,...... t ,Qst$-~~;;.,'_; ~"''''\'''''' J" ..' . .'_"_. OS ,\'%:n.'F'" , Assessment amount Assessment amount : as Preliminarily as Confirmed and , , ~ ~ r:;Zoriii1~4'Af!N;i'i ~:Ass&'s!imefjf#'f , 077-251-005 lot 1 $579.31 077-251-005 lot 2 $579.31 077-251-005 lot 3 $579.31 077-251-005 lot4 $579.31 077-251-005 lot 5 , $579.31 077-251-005 lot 6 $579.31 077-251-005 lot 7 $579.31 077-251-005 lot 8 $579.31 , <, ~<, <-, . " -".- ---" ....- ~..- 077-251-005 lot 9 $579.31 077-251-005 lot 10 $579.31 077-251-005 lot 11 $579.31 I , 077-251-005 lot 12 $579.31 .. 077-251-005 lot 13 $579.31 , Total: $7,531.03 i,'~~~liij~~~~\+ ~tS!ic;;i;!:D<..,?' "":.;:",,,', ,',..,,:,';.",.} ','-'. '.i:, ," "".i{C:,;" it;o'S.'", ",'.: 'O,i""" ;;'.' ."- '.','".,""<.\:,'J,.""" 077-251-005 lot 14 $909.61 077-251-005 lot 15 $909.61 077-251-005 lot 16 $909.61 lot 17 $909,61 , 077-251-005 I 077-251-005 lot 18 $909.61 077-251-005 , lot 19 $909.61 I 077-251-005 lot 20 $909.61 077-251-005 lot 21 $909,61 I 077-251-005 lot 22 $909,61 I 077-251-005 lot 23 $909,61 ! 077-251-005 lot 26 $909,61 I 077-251-005 lot27 $909.61 , 077-251-005 lot 28 $909.61 I 077-251-005 lot 29 $909,61 , I 077-251-005 lot 30 $909,61 , ! 077-251-005 lot 31 $909,61 077-251-005 lot 32 $909,61 I 077-251-005 I lot 33 $909.61 , I I I I , 077-251-005 lot 34 $909.61 13 The Keith Companies, Ine, 08/18/05 Parkside Maintenance District FiscalYear 2006-07 077-251-005 10135 $909.61 077-251-005 lot 36 $909.61 077-251-005 lot 37 $909.61 077-251-005 lot 38 $909.61 077-251-005 lot 39 $909.61 077-251-005 lot 40 - $909.61 '. 077-251-005 lot 41 ' $909.61 077-251-005 lot 42 $909.61 077-251-005 lot 43 $909.61 077-251-005 10144 $909.61 077-251-005 10145 $909.61 '077-251-005 lot 46 $909,61 077-251-005 lot 47 $909.61 077-251-005 lot 48 $909,61 077-251-005 lot 49 $909.61 077-251-005 lot 50 $909.61 077-251-005 lot 51 $909.61 077-251-005 lot 52 $909.61 077-251-005 lot 53 $909.61 077-251-005 lot 54 '$909.61 077-251-005 lot 55 $909.61 077-251-005 10156 $909.61 077-251-005 10157 $909.61 077-251-005 10158 $909.61 ' 077-251-005 lot 59 $909.61 077-251-005 lot 60 $909.61 077-251-005 10161 $909.61 077-251-005 10162 $909.61 077-251,005 10163 $909.61 077-251-005 10164 $909.61 077-251-005 lot 65 $909.61 077-251-005 lot 66 $909.61 077-251-005 lot 67 $909.61 Total: $47,299.72 - e II1II'" , , 'm 'a'lInaJl~j1)6 "... -, ,: tre "if;- _ ~. -, . ' ~~,J~!~;~~~~ .."~". b " ..0",~,.' . ,,'" .... .. c' , .~O'7l5".~':lIl, . ~.. ,~,_ 14 The Keith Companies, Inc. 08/18/05 Exhibit "A" Cost of Improvements ~ yDepreclilti^oli"o/.~: ~~Totar$1Year;-.r: Trees (Installed) Pistacia chinensis 2 $325,00 $650,00 5% Platanus acerifolia 2 $325,00 $650,00 5% Prunus cerasifera 3 $325,00 $975,00 5% , Plants (lnstalled) Ag~nthus africanus 30 $7.50 $225,00 5% Carex elata 'Bowles Golden' 53 $7.50 $397,50 50/0 Chrysanthemum maximum 1 $7.50 $7.50 5% Coleonema nulchrum 6 $25,00 $150,00 50/" EllryO~~ ~~ctinatus 13 $25,00 $325,00 5% Hebe 'Veronica Lake' 4 $7.50 $30,00 5%. Hemerocallis hybrids 'Stella de Ora' 16 $7.50 $120,00 5% l$Jl~610dl Liriope muscari 2 -c- $7.50 , $15,00 5% 1$t}\f(?iZfi!io'75\ Pennisetum setaceum 'Rubrum' 7 $7.50 $52.50 5'Jjo ~$~:0}~4r63] Rh;.;bio~s indica 'Springtime' 17 $25.00 $425,00 5% {Ul~21f25( Tibouchina urviJleana I $25.00 $25,00 5%. r~~1'25jl , Ground Cover (Installed) Gazania ri (Jens 156 $30.00 $4.680,00 5% !$~23<lfOOj Lantana montevidensis 4 $30,00 $120,00 5% I$r~Jt~6IQ();~ Trachelosnermum jasminoides 156 $7.50 $1,170,00 5% !$l':~58:50l Turf , F estuea hybrids (Seed) 331hs, $1.75/lb, $57,75 5% ,$~~2i89, 'Marathon' Sod 260sq, ft, 37/so, ft, $96,20 5% Subtotal: ~~?l$S08!S9~ Irrigation 1/2" Drip Tubing 1,323,7' $100/1,000 Feet $132.37 10% 3/4".1" Pipe 1331.2' $ LOO/Foot $1.331.20 10% ~$~:;::;:~12! Reduced.Pressure Backflow Preventer, Installed I $950.00 $950,00 10% !$F~5iOQ] Controller, Installed 2 $4,000 $8,000 10% '4~800;(j:Ol Wire , $1,500,00 10% 1$~'50IdQ~ Mic. Parts $1,500,00 10% lI$'~~b1:;O:0Il1 Elect. Water Meter setup (est.) 2 3000 $6,000,00 10% ,$~600IQQl IF.nuinment 7 $300/day $2,100.00 10% .,~2:1Oi0!ll Subtotal: ~s2ii5ifj6: Maintenance ~~-~ ., Landsc~ Maintenance 12 $900,OO/mo fixed ~$i'018jijj!0(f ~. Landscane Total: i!f$jJ{,f5~I!lS''i.1.\ !.!ill'f' ?['\<j if . -~- .. r" '":;t] - " ~.. . ,Q~.!1 ~llr~ll ^{tQt3~IS1Xear. ,.. Site Equipment , Outdoor Creations- Picnic Table 2 $750.00 $1,500.00 5% Outdoor Creations- Bench 2 $675,00 $1.350,00 5% _S6'Z!'8..Q~ . Quick Crete- Waste Container with Lid 2 $700,00 $1,400,00 5% ~JiSl!O, ,; PW Athletic- Basketball Court Assembly: I $728,00 $728,00 5% 4 1/2" OD heavy duty galvanized steel basketball Post w/4' offset, heavy duty cast aluminum !ll Parks ide Maintenance District No.1 Exhibit "A" Cost of Improvements backboard, nowder coated white, heavy duty ':;,~j:(:i?~t:~~~~ double rim wi suner nylon net PW Athletic- Barbeoue Stove- Single wi cool 2 $249,00 $498,00 5% ,,:';\i'1$24:90~~1!fl grip handles Vista Professional Lightinu- Bollards (excluding 9 $31 Ll2 $2,800,08 5% 1}$~1-~~i40;'oOZ lamo fixture) Plav Eouloment Miracle Play &rt.- Tot's Choice Play System I $10,983,85 $10,983,85 5% ~$:~~'1ti;l?54.9i;f91 and Arch Swings, 3 1/2" OD Posts, 2 Tot Swings ~ Installation I $4,445 $4,445 5% Ji"$~fJ[f2i2}25% Sof-Fall Safety Surface 1 $3,980,00 $3,980 5% Ws:fii1frTiBi99:00:! Installation I $1,800 $1,800 50/0 ~~$~~!~U;f90~ooT Additional InstallationlLabor 4 500/day $2,000,00 5% ~~i$100;oOlfJlk1f, Misc. Construction and Clean-un , 1 $2,000.00 $2,000,00 5% r$~~ill'U60jjo1 Surfacino ~~~~:~~ Basketball Court Surfacing 3,120 so, ft. $24.827.00 fixed fee 5% ~$I:;24.E3'5~ Turf Block Pavers 1,484 sq, ft, $IO/sq, ft, $14,840,00 2% ~~$~i96:~rO-~~ Containment Curbs 1 $6.200,00 $6.200,00 2% ~Sr24:(iQ~ Washed Sand 1 $2,500,00 $2,500,00 5% rm$Ii5,OO'"~1li Concrete Walkways 2.766 sq,ft, $4/so,ft. $11,064,00 2%. ~Si2i\2s;;}'1i Subtotal: ~q$jt682;671~~ ~~w~tl~~. Maintenance ~::~~~~ Landsca~e Maintenance 12 $900,OO/mo fixed fIlSiil;soil;oo]! Park Total: . -- '~ _.-;" ~~-f:"i:t?~ ~~Qty~IJ&~~Em ~~ ~~iHo"ir:%W ~TotaiT$JYearII ~~ Basin Const. (masonry, gradi~ landscane, fence) I $216,000 $216,000 30/0 iiI,i,'S6;480:0O:~ General Maintenance 1 $6,000,00 $6.000.00 fixed ,sff~6Jooo;O:o1 Storm~~tor water separator (STC 4800) (est.) 1 $25,515,00 $25.515.00 3% ~$~~~i765f4S~ Stonnc~tor Installation (est. allowance) I $10,000,00 $10,000.00 3% i[smJ!@aoo:ojj} StormcP.ntor aruma] maintenance (est. allowance) 1 $2,000.00 $2.000.00 fixed ~s~~iioooroj)J ~ Basin Total: ~Jf5iSi!~5'JJ lE,,'\\!1~~ BIX)€K\\Y~~~il~~ ' ~ ~4lI -~'~QiY- .- 'Q) ""'.'~ !l1li!T,*,Ii$lYOl\r~ '" . ~ "'" ~l k " ~ _eel " ';Ill -- :-___ ~__M_O_ BLOCK WALL AND PILASTER "'~ - "",'00 ,. m WaDs Total: ~7:14:00 , ----~ ,!'^:tlIW"A\\{~ ' , 'i!~~ ~.., ~'_ - ~Qty,~ =ce.- ~~ ~att Jlil mii"'oiaf:$ixeai'1! Mini Park, concrete 767 s,f $4.00/s.f $3,068 2% ~ Public Park, ac concrete 850 s,f. $4.00/s.f $3,400 2% ~~68;iijl! Pathway Total: l:li~S1:i~.i6D Parks ide Maintenance District No.1 Exhibit "A" Cost of Improvements :;(:D~~~tzi8rion.;%~1 \-:-,;Jotar$.IYear~~ PARK FENCING 3% $12,600 $12,600 5% $1,000 $1,000 fixed Drain Total: Total: $43,864.49 250/0 for En2ineerin2 & Administration Costs $10,966.12 Grand Total: $54,830.61 Parks ide Maintenance District No.1 Exhibit "B" Benefit Exhibit Zone 1 Parcels Zone 2 Parcels Tolai Parcels Cost Contributing Contributing Contributing Unit Cost Landscaping $ 13,459,95 13 52 65 $ 207.08 Park $ 12.310,27 13 52 65 $ 189,39 Detention Basin $ 15.545,45 0 52 52 $ 298,95 Block Walls $ 714,00 13 52 65 $ 10,98 Pathways $ 109.96 13 52 65, $ 1,69 Fencing $ 94.86 13 52 65 $ 1,46 French Drain $ 1,630,00 0 52 52 $ 31,35 Engineering & Admin $ 10.966,12 13 , 52 65 $ 168,71 $ 54.830.61 Revenue Per Totai Zone 1 BU Unit Cost Parcel No. of Parcels Revenue Landscaping 1 $ 207.08 $ 207.08 13 $ 2.691,99 Park 1 $ 189,39 $ 189.39 13 $ 2.462,05 Detention Basin 0 $ 298,95 $ 13 $ Block Walls 1 $ 10.98 $ 10,98 13 $ 142.80 Pathways 1 $ 1.69 $ 1.69 13 $ 21.99 Fencing 1 $ 1,46 $ 1,46 13 $ 18,97 French Drain 0 $ 31.35 $ 13 $ Engineering & Admin 1 $ 168,71 $ 168,71 13 $ 2,193,22 Total Zone 1 $ 909,61 $ 579,31 $ 7.531,03 Revenue Per Tolai Zone 2 BU Unit Cost Parcel No, of Parcels Revenue Landscaping 1 $ 207,08 $ 207,08 52 $ 10.767,96 Park 1 $ 189,39 $ 189,39 52 $ 9.848.22 Detention Basin 1 $ 298.95 $ 298.95 52 $ 15.545,45 Block Walls 1 $ 10,98 $ 10.98 52 $ 571.20 Pathways 1 $ 1,69 $ 1,69 52 $ 87,97 Fencing 1 $ 1,46 $ 1,46 52 $ 75.89 French Drain 1 $ 31,35 $ 31.35 52 $ 1.630,00 Engineering & Admin 1 $ 168,71 $ 168.71 52 $ 8.772,90 Tolal Zone 2 $ 909,61 $ 909.61 $ 47,299,58 Total $ 54,830.61 Parkside Maintenance District No. 1 Iii :' ,~ Ii; ;;;.~~~ _'_.-. ,.'u___"_.____ j -.--. --.----- EARROLL ~VENUE . 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CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARING On TUESDAY, NOVEMBER 8, 2005, the ArroyoGrande City Council will conduct a public hearing at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET to consider the following item: PROPOSAL: . Interim Urgency Ordinance Extending Moratorium On The Suspension Of Acceptance And Processing Of Applications For Development Of Any Portion Of Property Immediately Adjacent To Arroyo Grande Creek, Tally Ho Creek, Meadow Creek, Or Creek Tributaries Within The City Of Arroyo Grande. Consideration of an extension of Interim Urgency Ordinance No. 572 for a period of 10 months and 15 days. Interim Urgency Ordinance No. 572, adopted by the City Council on September 27, 2005, suspended acceptance and processing of building or grading permits or land use applications which seek to improve or develop property within twenty-five (25) feet of the top of a creek bank or edge of riparian vegetation, whichever is greater, abutting creeks or creek tributaries with the City of Arroyo Grande in order to study the current and immediate threat of such development to the public health, safety and welfare. The extension of the moratorium created by the interim urgency ordinance will allow the City time to study and develop legislation or procedures to protect and minimize the impacts of development in the vicinity of creeks. APPLICANT: City of Arroyo Grande LOCATION: Citywide REPRESENTATIVE: Rob Strong, Community Development Director The Council may also discuss other hearings or business items before or after the item listed above. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Information relating to these items is available by contacting Arroyo Grande City Hall at 473-5414. The Counci meeting will be televised live on Charter Cable Channel 20. Publish 1T, The Tribune, Friday, October 28, 2005 . --- MEMORANDUM TO: CITY COUNCIL f:J FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR BY: TERESA MCCLISH, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE EXTENDING THE SUSPENSION OF ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR DEVELOPMENT OF ANY PORTION OF PROPERTY IMMEDIATELY ADJACENT TO ARROYO GRANDE CREEK, TALLY HO CREEK, MEADOW CREEK OR CREEK TRIBUTARIES WITHIN THE CITY OF ARROYO GRANDE (STAFF NO. 05-007) DATE: NOVEMBER 8, 2005 RECOMMENDATION: It is recommended that the City Council adopt the attached Interim Urgency Ordinance to extend the suspension of acceptance and processing of new applications for development of any portion of property immediately adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or creek tributaries within the City of Arroyo Grande. FUNDING: No impact other than staff commitment to continue studies. DISCUSSION: On September 27, 2005 the City Council of Arroyo Grande adopted Ordinance 572 entitled "An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande Suspending Acceptance and Processing of Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or Creek Tributaries within the City of Arroyo Grande". Pursuant to Government Code Section 65858(a), the initial Interim Urgency Ordinance is effective for a 45-day period ending November 11, 2005, and may be extended for ten (10) months and fifteen (15) days, subject to specified notice and public hearing requirements. Attachment 1 is the staff report for this item from the September 27th City Council meeting that discusses the serious health and safety concerns related to development in close proximity to creeks. During the past three weeks, staff has begun the study of impacts created by development adjacent to creeks and to formulate procedures and protections to minimize such impacts. Attachment 2 is a preliminary workplan that was considered at the October 18, 2005 Planning Commission meeting. The Planning Commission requested that there be ample opportunity for public input regarding any proposed regulations to address development of --~ CITY COUNCIL NOVEMBER 8. 2005 Page 2 of 2 creek properties. Extending the moratorium for a period of ten (10) months and fifteen (15) days should allow staff sufficient time to comprehensively develop alt!lrnatives for review by advisory bodies including the Parks and Recreation Commission, the Architectural Review Committee and the Planning Commission for a recommendation to the City Council. The attached interim urgency ordinance will extend the moratorium through September 24, 2006. A four-fifths vote is required to adopt this Ordinance. ALTERNATIVES: The following alternatives are provided for Council consideration: . Adopt an Interim Urgency Ordinance suspending acceptance and processing of development applications for properties on or adjacent to creeks. within the City of Arroyo Grande and direct staff to continue the study considering all foreseeable ramifications of allowing the development on or adjacent to creeks; . Modify and adopt the attached Ordinance; . Do not adopt the attached Ordinance; or . Provide direction to staff. Attachments: 1. September 27,2005 City Council Staff Report 2. Preliminary workplan for creek protection study S:\COMMUNITY _DEVELOPMEN1\PROJECTS\ST AFF\05-007 creek moratorium\CC urg ord Sf l10805.doc ----------- INTERIM URGENCY ORDINANCE NO. AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE TO EXTEND THE SUSPENSION OF ACCEPTANCE AND PROCESSING OF NEW APPLICATIONS FOR DEVELOPMENT OF ANY PORTION OF PROPERTY IMMEDIATELY ADJACENT TO ARROYO GRANDE CREEK, TALLY HO CREEK, MEADOW CREEK OR CREEK TRIBUTARIES WITHIN THE CITY OF ARROYO GRANDE WHEREAS, the City Council recognizes the environmental sensitivity and the need for City policy to reflect and contribute to environmental protection and preservation of the Arroyo Grande Creek, Tally Ho Creek, Meadow Creek and associated tributaries; and WHEREAS, the City Council believes it is in the best interest of the public to maintain protection of its riparian resources in order to maintain an equilibrium between the natural feature of, and manmade alterations to, the City's creek and riparian environment, and in order to preserve the scenic beauty of these important natural resources and the recreational, aesthetic and economic benefits they provide; and WHEREAS, the City Council recognizes the necessity for creek buffers that contribute to streambank stabilization, allow for vegetative cover and reduction of water temperature, offer a setback distance for intensive uses, provide a source of food, nesting cover, and shelter for wildlife, intercept pollutants and manage other environmental concerns, and increase environmental sustainability; and WHEREAS, amongst these other environmental factors, the City Council is aware that portions of these creeks are known to provide critical habitat for flora and fauna protected under the Endangered Species Act; and WHEREAS, the City Council adopted the updated General Plan which became effective November 10. 2001 and requires a comprehensive review and necessary revisions to the Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with Government Code Section 65860; and WHEREAS, the 2001 General Plan include a Agricultural, Conservation and Open Space Element which include the following principals: . Resources that are irretrievable and/or irreplaceable need to be protected and preserved. . Individuals and the community have a responsibility to future generations as well as to wildlife to preserve and protect finite natural resources. . Resource lands contribute to overall public health, safety and welfare beyond provision of basic necessities such as food, fiber and livelihood. . Land Use and urban development shall be managed and limited to that which can be sustained by the available resources and serviced by the circulation and other infrastructure systems; and , -~ -~ - INTERIM URGENCY ORDINANCE NO. . PAGE 2 WHEREAS, Conservation and Open Space objective "C/OS2" of the Agricultural, Conservation and Open Space Element in the 2001 General Plan, is to "Safeguard important environmental and sensitive biological resources contributing to healthy, functioning ecosystem"; and WHEREAS, On July 12, 2005 the City Council of Arroyo Grande, by consensus, directed staff to evaluate the City's regulations, practices and procedures related to creek setback requirements and the implementation of related 2001 General Plan policies in the Agriculture, Conservation and Open Space Element; and WHEREAS, the City has identified concems and impacts directly related to development adjacent to creeks that are not adequately or consistently addressed through the City's policies and regulations including erosion, alteration of .creek banks, riparian habitat protection, rapid sedimentation, recreation and trail dedication, enforcement of provisions of dedicated creek easements, measurement of top of creek bank, non-conforming structures on creek banks and feasibility of development on non-conforming and/or antiquated lots that include creeks and riparian habitat; and WHEREAS, the City believes the City's environment is an integral and essential aspect of the City's economic viability and overall well being; and WHEREAS, there are inconsistencies between the City's 2001 General Plan Land Use Map that designates all creeks and areas surrounding creeks within the limits of the City of Arroyo Grande as Conservation/Open Space and the City's Zoning map that zones areas of Arroyo , Grande Creek and Tally 1-10 Creek and often adjacent deeded Pacific Coast Railroad properties as Public Facilities; and WHEREAS, the City Council, Planning Commission, other boards and c:;ommittees and City staff have had to address these inconsistencies which have made the development review and approvRI process confusing, time-consuming, inefficient and potentially detrimental to the health safety and general welfare of the community; and WHEREAS, the City Council believes these aforementioned concerns and inconsistencies related to development adjacent to creeks and riparian habitat may have a permanent long lasting negative affect on the health and welfare of its environment and potentially its. economic viability; and WHEREAS, this ordinance is an urgency ordinance for the protection of the public health, safety, economy and welfare of the citizens of the City of Arroyo Grande that shall become effective immediately upon its approval by the affirmative votes of at least four members of the City Council. The City Council deems that it is critically necessary to protect habitat along creek corridors from encroachment of development that may contribute to the aforementioned issues. The City Council seeks to ensure that development occurs in a logical and orderly fashion within the City, and to study the effects of setbacks, buffers and other provisions that will implement the policies of the 2001 General Plan. Consequently, the City Council seeks to avoid permitting development in areas adjacent to creeks that may contribute to cumulative ecological, recreational and land use impacts and determine INTERIM URGENCY ORDINANCE NO. PAGE 3 possible mitigation measures or other procedures and protections to minimize the impacts of development in these areas; and WHEREAS, the City Council desires to promptly study and re-evaluate the designation of areas adjacent to creeks within the limits of the City of Arroyo Grande consistent with. the 2001 General Plan. WHEREAS, On September 27,2005 the City Council of Arroyo Grande, adopted Ordinance 572 entitled "An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande Suspending Acceptance and Processing of Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or Creek Tributaries within the City of Arroyo Grande" (hereinafter the "suspension of creek property development"), which Ordinance expires forty-five days from the date of its adoption pursuant to Government Code Section 65858(a); and WHEREAS, On November 8, 2005, the City Council held a duly noticed public hearing to consider extending the suspension of creek property development for a period of ten (10) months and fifteen (15) days, pursuant to Government Code Section 65858(a). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: For the foregoing reasons which are incorporated herein, pursuant to the authority vested in the City Council by California Government Code Section 65858, this urgency ordinance shall create a moratorium on acceptance and processing of building or grading permits or new land use applications which seek to improve or develop property within twenty-five (25) feet of the top of a creek bank or edge of riparian vegetation, whichever is greater, abutting Arroyo Grande Creek, including its tributaries, (Tally Ho Creek, Spring Creek, Newsome Springs Creek and Los Berros Creek), or Meadow Creek, including its tributaries, within the City of Arroyo Grande in order to study the current and immediate threat of such development to the public health, safety and welfare. SECTION 2: This urgency ordinance is adopted pursuant to Government Code Section 65858 and shall become effective immediately upon its adoption, and shall remain in force and effect thereafter for a period of ten (10) months and fifteen (15) days, or until it is repealed, or extended by further action of the City Cou ncil. SECTION 3: Within fifteen (15) days after its passage, this ordinance shall be published once, together with the names of the Council members voting thereon, in a newspaper of general circulation within the City. On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of INTERIM URGENCY ORDINANCE NO. PAGE 4 TONY FERRARA, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY -- ~- ATTACHMENT I MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR BY: TERESA MCCLISH, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF ADOPTION OF AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE SUSPENDING ACCEPTANCE OR PROCESSING OF APPLICATIONS FOR DEVELOPMENT OF ANY PORTION OF PROPERTY IMMEDIATELY ADJACENT TO ARROYO GRANDE CREEK, TALLY HO CREEK, MEADOW CREEK OR CREEK TRIBUTARIES WITHIN THE CITY OF ARROYO GRANDE (STAFF NO. 05-007) DATE: SEPTEMBER 27, 2005 RECOMMENDATION: It is recommended that the City Council adopt an Interim Urgency Ordinance and direct staff to immediately prepare a study considering all foreseeable ramifications of allowing development of properties on or immediately adjacent to creeks within the City of Arroyo Grande. FUNDING: No impact other than staff commitment to immediate studies. DISCUSSION: On July 12, 2005 the City Council of Arroyo Grande, by consensus, directed staff to evaluate the City's regulations, practices and procedures related to development in close proximity to creeks and adjacent riparian habitat and wetlands, as well as the related implementation of 2001 General Plan policies in the Agriculture, Conservation and Open Space Element. The 2001 General Plan and its integrated program FEIR included major new Agricultural, Open Space and Conservation Element policies (of which the City has recently implemented many concerning agriculture). There are six policy objectives related to conservation and open space, each with several supporting policies and implementing directions (Exhibit I'A"). Although the City has some limited requirements for certain discretionary projects specified in Title 16 (Section 16.64.070.R) relating to the dedication of easements for sensitive areas, including 25 feet from top of creek bank, there are inconsistencies with updated General Plan policies, particularly concerning those related to safeguarding important environmental and sensitive biological resources, preventing sedimentation, erosion and alteration of streambanks, and pursuing possibilities for recreation and trail dedication for the benefit of _n CITY COUNCIL SEPTEMBER 27. 2005 Page 2 of 2 the public welfare. Therefore, as a result of issues identified in the course of evaluating recent project construction and applications, it was deemed important to address the intent of these policies and clarify specific application prior to any future development proposals. Additionally, as the City approaches buidout and as land values increase, development or redevelopment of infill properties will continue at a rapid rate. Many of the remaining vacant properties contain sensitive resources, such as creeks or creek banks with critical habitat for plants and animals. In order to prevent development of such properties while studies are underway, the State Planning and Zoning Law, Government Code Section 65858, provides for certain "urgency measures" including interim zoning ordinances effective for 45 days and, after notice and hearing, capable of a 10 (plus) month initial extension with one possible subsequent extension for an additional year. each subject to a supermajority four-fifths vote requirement for adoption. Interim urgency ordinance adoption and extension must contain a finding that there is a "current and immediate threat to the public health, safety or welfare and that the approval of additional subdivisions. use permits, variances, building permits or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety and welfare" (Government Code Section 65858c). The City continues to receive many applications for development of properties that include portions of the creek or areas within 25 feet of top of creek bank or edge of riparian vegitation, and staff believes the probable receipt of such applications during necessary studies, General Plan or the Development Code amendment process can be determined to be an immediate and current threat to the public health, safety and welfare, if such urgency measures and findings are adopted by a 4/5 vote of the City Council. AL TERNA TIVES: The following alternatives are provided for Council consideration: . Adopt an Interim Urgency Ordinance suspending acceptance or processing of development applications for properties on or adjacent to creeks within the City of Arroyo Grande and direct staff to immediately prepare a study considering all foreseeable ramifications of allowing the development on or adjacent to creeks; . Take no action; . Provide direction to staff. Attachment: Exhibit "A" - portions of the Agriculture, Open Space and Conservation Element of 2001 General Plan pertaining to Conservation and Open Space. S:\COMMUNITY ...PEVEWPMEN1\PROJECTS\ST AFF\05-007 creek moratorium\CC urg ord sr 09270S.doc ATTACHMENT 2 PRELIMINARY WORKPLAN - CREEK PROTECTION STUDY Staff has developed the following preliminary workplan (partially adapted from the City of Berkeley's 2005 Creek Taskforce and the City of San Luis Obispo's creek regulations and policies) to address the treatment of creek corridors and culverts within an urban setting. In order to balance between the need to maintain and improve the natural environment and the interests of private property owners, the study will seek to address the following objectives: 1. Protection of the remaining creeks and their associated riparian zones as part of the City's natural landscape; 2. Promote a watershed-based policy framework for managing surface- water runoff; and 3. Establish a regulatory and administrative framework for what has already been developed and what can be developed along creekways, and how and under what conditions further development can proceed. Issues: A. Definitions . Determination and location of natural creeks, culverted creeks, other drainage systems, and what constitutes a regulated creek . Technical basis for definitions . Comparable definitions in other cities, counties, or public agency ordinances, . Information on affected properties B. Setbacks and Regulated Structures . Measurement (top of bank, riparian vegetation, centerline of creek, or some combination) . Treatment of various segments of a creek with specific characteristics (hydrologic, geomorphic, habitat values) and among different land use type (residential, commercial and agricultural) . Commonly used setback criteria in other jurisdictions and technical basis . Sampling and nature of properties not conforming with the 25 feet setback and approximate number or percentage of non- conforming properties . Relative impacts of various types of structures and development and mitigations C. Watershed policy . Evaluate the interface between city creek corridors and watershed systems ~. --------- ----- . Review federal and state regulations governing water channels within the watersheds . Review of public health and safety issues raised by creeks and culverts (I.e. discharge and runoff of pollutants, risks of poor flood control, dangers posed to natural wildlife and habitat, potential for causing damage~ to abutting structures due to erosion of creekbeds). D. Establish conservation/open space zone or overlay consisten~ with the General Plan to address the above issues. Timeline: Phase I: Data collection, October - December 2005 Phase II: Policy analysis and development, January 2006 Phase III: Preparation of Draft ordinance, February 2006 Phase IV: Public hearings, March 2006 - 9.d. CITY OF ARROYO GRANDE CITY COUNCIL NOTICE OF PUBLIC HEARINGS On TUESDAY, NOVEMBER 8, 2005, the Arroyo Grande City Council will conduct public hearings at 7:00 P.M. in the COUNCIL CHAMBERS, 215 E. BRANCH STREET to consider the following items: ~ PROPOSAL: PROPOSED ORDINANCE AMENDING TITLE 13 (PUBLIC WORKS) OF THE ARROYO GRANDE MUNICIPAL CODE RELATING TO WATER AND SEWER SERVICE SYSTEMS. The Council will consider a proposed clean-up Ordinance repealing, amending, and adding provisions to Title 13 (Public 'Works) of the Municipal Code to restructure and clarify provisions and processes relating to the City's water and sewer service systems. ' APPLICANT: City of Arroyo Grande LOCATION: Citywide REPRESENT A TION: Don Spagnolo, Director of Public Works The Council may also discuss other hearings or business items before or after the item listed above. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Failure of any person to receive the' notice shall not constitute grounds for any court to invalidate the action of the legislative body for which the notice was given. Information relating to these items is available by contacting Arroyo Grande City Hall at 473-5414. The Council meeting will be televised live on Charter Cable Channel 20. ~~ Publish n, The Tribune, Friday, October 28,2005 .--- -. ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING TITLE 13 (PUBLIC WORKS) RELATING TO WATER AND SEWER SERVICE PROVISIONS NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: SECTION 1. Arroyo Grande Municipal Code Chapter 13.04 is hereby repealed and replaced in its entirety as follows: CHAPTER 13.04 - WATER SERVICE SYSTEM 13.04.010 - Adoption of rules and change of rates. The council may, by ordinance, adopt rules and regulations for the improvement operation and maintenance of the water department and for furnishing water to customers and may, by resolution, establish the rates, charges, deposits, and penalties pursuant to this chapter. 13.04.020 - Applications for service. No person shall be entitled to have a water connection until the owner of the property obtains a building permit from the City Building Department. 13.04.030 - Rates and charges. The following rates, fees, and charges shall be set forth by City Council resolution: A. Basic Monthly charge. Whenever water is supplied and meters are used or installed, as provided in this chapter, a basic monthly charge . shall be made to each customer. B. Lopez Contract charge. In addition to the monthly water charges set forth in this chapter, each city water customer shall be charged an additional sum each month, to be designated "Lopez Contract charges." C. Service connection charge. Upon the approval of an application for a service connection, an order for service may be issued subject to payment of a service connection charge. D. Service main or front foot charg~. In all cases where there is not an agreement for the reimbursement of the developer, a service main or front foot charge shall be imposed. E. Water service late charge. F. Turn off, turn on charge. G. Fire hydrant use permit fee, and water charges. 13.04.040 - Special charges- Water availability charge. A charge referred to in this subsection as a "water supply charge" or "water availability charge." Pursuant to the provisions of Section 38743 of the Government ORDINANCE NO. PAGE 2 . Code, water availability charges shall be levied in accordance with the following schedule: A. Water availability charges shall be imposed upon each parcel of property not served with city water. B. The city shall collect the water availability charge, as provided for in this subsection, by billing the charged land on an annual basis. In the event such availability charges have not been paid at the time a water service connection application is made for such parcel, all accumulated water availability charges, continuing at one thousand dollars ($1,000.00), effective July 1, 1991, and increasing annually by fifty dollars ($50.00) on July 1 st each succeeding year, per dwelling unit, hotel, motel or hospital room, or commercial unit developed, shall be paid. C. In the event the plumbing or structures are modified by an existing water user, an additional water supply charge shall be assessed with the building permit for each additional dwelling unit; hotel, motel, or hospital room, or commercial unit. Failure to pay additional water supply charges with such improvements may result in discontinuance of water service to the entire property. 13.04.050 - Special charges- Main- Installation or extension. The charge for the installation of a main or extension of an existing main shall be based on the public works department field division fee and service fees. 13.04.060 - Billing. A. Proration for Portions of Months. When a water bill is rendered for any period of time less than the regular period for water furnished, the regular minimum monthly charge shall be prorated, based upon actual consumption. Such consumption shall be charged at minimum rates; but consumption at a rate in excess of the regular period allowance shall be billed at the excess rates. B. Lopez Contract Charges--Billings. Billing for such Lopez contract charges shall be prepared and deposited in the mail on or about the first day Of each month that the bills provided for are sent, pursuant to the provisions of Section 13.04.100.A. of this chapter. 13.04.070 - Delinquent bills- Discontinuance of services. A. All meters shall be read by the water department as provided in Section 13.04100 of this chapter, and all bills for water or service shall be due and payable at the City Hall upon presentation. All water bills remaining unpaid for a period of thirty (30) days shall thereupon become past due. Where water bills so become past due, notification will be delivered of such status and a late fee levied. All water bills remaining unpaid for a period of forty-one (41) days since issuance shall become delinquent. Where water bills so become delinquent, service may be shut off at any time after a ten (10) day written notice; and such accounts shall be subject to the water turn-off and turn-on charge provided for in this section. The director of financial services or director of public works, at his or her discretion, may cause a meter reading to be made at any time; and thereupon the bill for water used since the previous reading shall become immediately due and payable and shall become past due on the thirtieth day following ~-~ -- ORDINANCE NO. PAGE 3 the mailing or presentation of such bill; and such accounts shall be subject to the late- fee charge, water turn-off and turn-on charge provided for in section 13.04.030 in this chapter. B. Discontinuance of service for violations. 1. The water rates, charges, and penalties set forth in this chapter shall be charged against the property upon which such water or service is furnished and against the owner thereof. If for any cause any of such sums owing become delinquent and unpaid, or if any of the other terms of this chapter or the rules and regulations established as a condition to the use of water are not complied with, the water may be shut off. If there has been no bona fide change in ownership, the water shall not be turned on to the same property until all such charges, delinquencies and penalties have been paid in full, including the additional amount as described in Section 13.04.030 of this chapter for the expense of turning water off and on. 2. The finance director or director of public works may, at his or her discretion, shut off the water, for a period not exceeding three months, upon the written request of the owner of any premises upon which such water or service is furnished, provided no delinquency exists in the payment of charges and penalties for water service. 13.04.080 - Termination of service by owner-Reinstatement. No allowance or rebate shall be made from the r~gular rates specified in this chapter, whether water has been actually used or not, unless the water department has been notified in writing by the owner of the premises to remove the meter installed for such premises; and thereupon, after the expiration of the current billing period subsequent to the last meter reading by the water department of such meter, no further minimum charge shall be made against such premises; and the water department shall charge and collect for reinstalling a meter for such premises, upon receiving written application of the owner thereof, and full payment of the turn on charge as described in section 13.04.030 of this chapter. 13.04.090 - Right of entry. Any duly authorized agent of the city shall be allowed free access to make a personal examination of the premises of any applicant or customer of water for the inspection of water pipes and equipment connected thereto. 13.04.100 - Meters- General. A. Reading meters. All water furnished within the city shall be delivered through meters. All meters shall be read on a bimonthly basis. The Financial Services Department shall cause to be prepared water bills from such readings and shall deposit such bills in the mail. B. Failure of meters. When a meter fails to register or registers inaccurately, the charge for the period in question shall be based upon an estimate made by the public works department for the amount of water used through such service. C. Testing meters. Upon written notice by the customer a meter may be examined and tested for the purpose of ascertaining whether or not it is registering correctly. If the meter is found to register more water than actually passes through it, in accordance with the American Water Works Association standards, a new meter will be ORDINANCE NO. PAGE 4 installed. The Public Works Department shall determine the amount to be refunded which is deemed fair and just. If the meter is found to meet AWWA standards, the customer shall be charged an amount equal to the time and materials used to perform the test. 13.04.110 - Joint use of service. A. The director of public works may permit more than one place of business, using small quantities of water mainly for lavatory and drinking purposes, to be served through the same meter when, in his or her opinion, special conditions justify such service; and in all such cases, a minimum established meter rate shall be charged for each separate place of business so served of not less than the established minimum rate. B. If any meter readings for such places of business show any excess over the amount of accumulated minimums, a prorated charge shall be made of such excess to each place of business served through such meter. C. The director of public works may permit more than one condominium or planned unit development (P.U.D.) unit to connect to a common meter, subject to improvement standards adopted by the city. In such cases connection fees and service charges shall conform to this chapter as described in section 13.04.030. Furthermore, the director may require appropriate conditions to such an approval to become a part of the codes, covenants, and restrictions for the subdivision. 13.04.120 - Water shut off for repairs or emergencies The City reserves the right to shut off the water from any premises or from any. part of the distributing system, as long as necessary, without notice to consumer, at any time when the exigencies of the occasion may require it, but in all cases of extensions of connections, said department shall notify consumers of the necessity of shutting off water and the probable length of time the water shall be shut off, before taking such action, unless the emergency requires the water to be immediately shutoff whereas notice shall be similarly provided after shutoff. 13.04.130 - Fire hydrants-Use. A. Damage. Public fire hydrants shall be placed, maintained and repaired by the public works department. Any damage thereto by persons or agency other than representatives of the fire or public works departments, shall be a claim against the person or agency committing such damage, and the director of public works shall take such action as may be necessary to collect the same. B. Purpose. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be used otherwise only as herein provided for, and shall be opened and used only by the public works and fire departments or such person as may be authorized to do so by the chief, of the fire department or the director of public works as herein provided. C. Permit. All persons, firms or corporations desiring to use water through fire hydrants, or other hydrants owned or controlled by the city, shall be required to obtain a permit, first, from the director of public works, and upon permission from the director of building and fire, who shall issue no such permit to any person who has violated any of ORDINANCE NO. PAGE 5 the provisions of this chapter or whose indebtedness to the city for water used or damage to hydrants or equipment is delinquent. And all such persons having permit for use of water from fire hydrants must provide hydrant wrenches for the operation of such fire hydrants. D. Cancellation. Permit for use of water through the fire hydrants of the city may be cancelled at the will of the director of public works on evidence that the holder thereof, is or has violated the privileges conveyed thereunder. Such notice of cancellation shall be in writing officially delivered to the persons to be notified and shall be immediately effective and enforced. E. Permit fee and water charges. The permit fee and water charges shall be established by resolution as described in section 13.04.030 of this chapter. 13.04.140 - Unlawful acts. It shall be unlawful for persons to do any of the following: A. Interfere with or any manner tamper with any water meter, pipe line, or water service facility of the city, and in the event that any person shall interfere with or tamper with any of the same so that repairs or adjustments are necessary, water service to such person shall be discontinued until the cost of making the necessary repairs or adjustments shall have been paid in advance, and in addition, such person shall be subject to the penal provisions of this chapter; B. No by-pass or connection between a water meter and a water main shall be made or maintained, except in the case of fire protection, without the written permission of the director of public works or his or her designee and/or the director of building and fire, accordingly; C. To turn on water after the same has been turned off by city at any meter or connection, or for any reason to take or use water without notifying the director of public works, or his or her designee, or to cut in or make connection with the water mains without permission in writing from the director of public works or his or her designee; and D. All owners or occupants of property supplied with water are prohibited from furnishing water to others without the written permission of the director of public works or his or her designee. E. No person shall violate any other provision within this chapter. 13.04.150 - Maintenance of equipment. All water meters shall be furnished by the public works department, shall remain the property of the city, and shall be maintained, repaired and renewed when unserviceable. Whenever replacements, repairs, or adjustments of any meter; box, lid, stopcock,- gate valve, backflow device, or connections are rendered necessary by any act, negligence or carelessness of the consumer, a charge will be collected in accordance with the public works department field division fee and service charges. 13.04.160 - Installation of equipment. The installation of all new water mains, valves and fire hydrants which will ultimately become part of the regular water system shall require the prior approval of the ----- ORDINANCE NO. PAGE 6 director of public works. Service lines may be installed by the public works department in conjunction therewith. . 13.04.170 - Extension of mains outside city. Any requests for water main extensions outside the city shall only be granted by the city council. Any applicant for such water service shall pay all cost associated with such a request. 13.04.180 - Subdivision of property. In the event of a division or subdivision of property, any existing service may be used to serve one of the individual parcels or credited to the overall development. 13.04.190 - Reimbursement. A charge referred to in this subsection as a "service main charge" or "front foot charge," which shall be as follows: A. Where a developer, other than the city, has installed the service main and there is an agreement between the city and the developer that the developer shall be reimbursed upon a connection to the service main, the city shall collect the amount agreed to be paid to the developer pursuant to the agreement. B. In all cases where there is not an agreement for the reimbursement of the developer, there shall be a charge as described in section 13.04.030 of this chapter. 13.04.200 - Liability. There shall be no liability on the part of the city for damage, loss or inconvenience resulting from sand, gravel, rust, sediment, foreign matter, air, excessive pressure, or hydraulic water hammer in the water system. SECTION 2. Arroyo Grande Municipal Code Section 13.05.010 is hereby amended as follows: 13.05.010 - Water supply conditions. A. The city council si:1all from time te time may adopt resolutions declaring the level of the city water supply condition, which iA turn will would determine the mandatory water conservation measures in effect at any particular time within the city. The four levels of water supply conditions are: 1. Normal Water Supply Condition. Defined as consuming zero to ninety (90) percent of the annually available water supply; 2. Moderately Restricted Water Supply Condition. Defined as consuming ninety (90) to ninety-five (95) percent of the annually available water supply; 3. Severely Restricted Water Supply Condition. Defined. as consuming ninety-five (95) to ninety-nine (99) percent of the annually available water supply; and 4. Critical Water Supply Condition. Defined as consuming one hundred (100) percent of the annually available water supply. B. Upon adoption of the required resolution, the restrictions and measures identified in this chapter shall take effect immediately. ORDINANCE NO. PAGE 7 C. The city council may frem time te time adopt resolutions designed to implement the provisions of this chapter. SECTION 3. Arroyo Grande Municipal Code Subsections 13.05.040.C.1. and 13.05.040.E. are hereby amended as follows: 13.05.040.C. Outdoor Irrigation. 1. Outdoor irrigation is prohibited between the hours of ten (1 Q:(0) a.m. and four p.m. 13.05.040.E. Use of potable water for soil compaction or dust control purposes in construction activities is prohibited. SECTION 4. Arroyo Grande Municipal Code Section 13.05.060 is hereby amended as follows: 13.05.060A Penalties for noncompliance. A. Violation of any provision of this chapter may result in termination of water seryice until such violation is corrected, and until all appropriate fees amJ penalties are paid in full and will be subject to the following administmtion administrative procedure: 1. Written notice to the alleged offender, including the furnishing of informational material and advice where appropriate; 2. Recovery of all city staff costs, including overhead, for any second or greater offense within anyone-year period; 3. Additional civil administrative penalties for any third or greater offense within anyone-year period; 4. The right to appeal first to the utility billing adjustment committee and then to the city council. SECTION 5. The definition of "Health Officer" in Arroyo Grande Municipal Code Section 13.08.020 is hereby amended as follows: "Health officer" means the health officer of the Gity county. his er i:1er meaisal aepllties, i:1is er i:1er sanitarians, ana or his or her duly authorized representatives. SECTION 6. Arroyo Grande Municipal Code Section 13.08.040 is hereby repealed and replaced in its entirety as follows: 13.08.040 - Permits. A. Application. Prior to the issuance of any permit, the application and recommendations of the health officer for a new well shall be submitted to the council. The council may approve the application if, in its discretion, the drilling and the operation of the well will not deplete nor contaminate the city water supply and service from the city water system is neither practical nor feasible. If the council approves the granting of a permit, it may be issued subject to such reasonable conditions as the council imposes to prevent the depletion and contamination of the city water supply and ~-~ ORDINANCE NO. PAGE 8 subject to compliance with the standards provided by the County of San Luis Obispo. In the event the council refuses to approved the permit, the health officer shall not grant it. B. Term--Completion of Work. The permittee shall complete the work authorized by the permit prior to the expiration date set forth in the permit The permittee shall notify the health officer in writing upon the completion of the work; and such work shall not be deemed to have been completed until such written notification has been received. C. Reports. A copy of the well-driller report required by the provisions of Section 13751 of the Water Code of the state shall be submitted to the health officer and the public works department upon the completion of the construction of each well. SECTION 7. Arroyo Grande Municipal Code Section 13.08.050 is hereby amended as follows: 13.08.050 - Inspection. The health officer and his er i:1er inspesters a reoresentative of the city may at any aU reasonable times enter any ana all places, property, enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this chapter is being violated. The health officer may require that each completion, modification, r9flair or destruction operation be inspected prior to any further work. SECTION 8. Arroyo Grande Municipal Code Section 13.08.060 is hereby repealed in its entirety. SECTION 9. Arroyo Grande Municipal Code Sections 13.08.070 and 13.08.080 are hereby renumbered and amended as follows: 13.08.Q7Q060 - Public nuisances. In the event the health officer and/or a city reoresentative determines that a well constitutes a public nuisance, he or she shall abate such nuisance in accordance with the provisions of Section 3494 of the Civil Code of the state and/or city ordinance. 13.08.000070 -Immediate abatement. If the health officer and/or a city reoresentative finds that immediate action is necessary to prevent the impairment of the ground water or a threat to the health or safety of the public, he or she may summarily abate such nuisance in any manner permissible under the law. SECTION 10. The following definitions in Arroyo Grande Municipal Code Section 13.12.010 are hereby repealed and/or amended as follows: "ArQa sh:u:ge" mGlant a sRarge te lets 'NitAi~ tho eity fer ea()3Gity in thB GellBster sy&tOFF1. "Assessment districf' means 9 special district formed for the purpose of sewer facility line construction, ooeration and/or maintenance with costs and expenses distributed among benefited properties, as set forth by law. ORDINANCE NO. PAGE 9 "Lot" means any piece or parcel of land bounded, defined or shown upon a plot or deed recorded in the office of the county recorder and lawfullY created; provided, however, in the event any structure is located upon more than one parcel of land, all under the ownership and as defined in this section, "lot" shall include all such parcels of land. SECTION 11. Arroyo Grande Municipal Code Section 13.12.020 is hereby amended as follows: 13.12.020 - Purpose. The purpose of this chapter is to provide for the maximllm flQssiBle beneficial public use of the aistriGt's city's facilities through the adequate regulation of sewer construction, sewer use, and wastewater discharges; to provide for the equitable distribution of the distrist's city's costs, BY estaBlishing shar1iles al1a te establish a depesitefIJ inte \'/i:1isi:1 sllch hmes shall Be aeflesitea; and to provide procedures for complying with the requirements placed upon the aistrict city by other regulatory agencies. SECTION 12. Arroyo Grande Municipal Code Section 13.12.060 is hereby amended as follows: I 13.12.060 - Availability to new buildings--Connections required. Any newly construction building to which a public sewer is available shall be connected to such public sewer prior to its use for hllman occupancy, unless approval is granted by the council for a private sewerage disposal system. SECTION 13. Arroyo Grande Municipal Code Section 13.12;070 is hereby amended as follows: 13.12.070 Private systems--Approval--Applications--Granting. The approvals for private sewage disposal systems referred to in Sections 13.12.050 and 13.12.060 may be granted upon a written application to the council by the applicant setting forth the basis for such a request. Approval may be granted only upon an affirmative showing that no health hazard, public nuisance, or inequity to other property owners will result therefrom. Approval may also be granted to allow a private sewage disposal system when it is shown to the satisfaction of the airestien director of public works to be unfeasible to connect to the public sewer, and the lot in question is approved by the county health department as to suitability for such private sewage system. SECTION 14. Arroyo Grande Municipal Code Section 13.12.100 is hereby amended as follows: 13.12.100 - Swimming pool 'J/astes or soa water. Swimming pool wasto or soa water and wastewater shall be disposed of as set forth in the currently adopted Uniform Plumbing Code. ORDINANCE NO. PAGE 10 SECTION 15. Arroyo Grande Municipal Code Section 13.12.110 is hereby amended as follows: 13.12.110 - Groups of houses or buildinos on one lot--Connections to main sewers. No group of four or more houses or buildinos on one lot shall be connected to a main sewer without first having the plan of the sewers to such houses approved by the director of public works. The size of the proposed building sewer and lateral serving such houses shall not be less than six inches diameter or of a size determined by the director of public works. A manhole shall be provided at its junction with the existing main sewer. The director of public works may permit more than one condominium or planned unit development unit to connect to a common building sewer subject to improvement standards adopted by the city. The director may require appropriate conditions to such an approval to become a part of the codes, covenants and restrictions for the subdivision. In senfermanse with SeGtien 13.12.H;0, aAlI maintenance of building sewers aissllssea in this sestien are the responsibility of the lot owners or appropriate owner's association exclusive of the city main line. SECTION 16. Arroyo Grande Municipal Code Section 13.12.120 is hereby amended as follows: 13.12.120 - Sewer connections--Applications. An applicant for sewer seryice shall sign an application and furnish a legal description of the property to be served. It shall be the applicant's responsibility to deliver sewage to the service point selected by the city. at ti:1e ana elevatien sele€ltes BY ti:1e €lily. Service will be granted only where adequate collection lines have been installed. Lateral sewers shall be installed by a contractor licensed to do sewer work and shall be maintained by the property owner~ fll,lrSllant te the pro'.<isieAs ef SeGtiClns 13.12.140 threlllji:11 3.12.269 ef ti:1is chapter. SECTION 17. Arroyo Grande Municipal Code Section 13.12.130 is hereby amended as follows: 13.12.130 - Private systems--Construction--I nspections. Where a property is within two hundred fifty (250) feet of the public sewer, but pursuant to the provisions of Section 13.12.070 a private sewage disposal system is approved, the property owner shall apply for and obtain all permits required by the city and supply all plans, specifications, or other information deemed necessary by the airestor of flllBlis warks city buildino official before construction of such private sewage disposal system can begin. The construction and inspection of such system shall be in conformance with the currently adopted Uniform Plumbing Code and shall meet any other requirements of the council, the airester sf pllBlis '/larks city buildino official, and the county health department. The owner shall operate and maintain such private sewage disposal facilities in a sanitary manner at all times at no expense to the city. ORDINANCE NO. PAGE 11 , , SECTION 18. Arroyo Grande. Municipal Code Section 13.12.160 is hereby amended as follows: 13.12.160 - Approval--Exceptions. Nothing contained in Sections 13.12.140 through 13.12.240 shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building, or residential sewer, except when it is necessary to replace any part of such sewer. For the purpose of this chapter, building sewer is defined as all sewerage exclusive of city main line including, but not limited to, the wyes, tees, saddles, laterals and plumbing. SECTION 19. Arroyo Grande Municipal Code Section 13.12.170 is hereby amended as follows: 13.12.170 - Permittees--Liability. The persen aoolicant to whom a permit for construction has been issued and the person performing the work under such permit shall be .Iiable for all damages. ef wi:1atseevor natur.e essasienea BY er reslllting fr-om ti:1e per-fermanse ef sllch work, ana S Such persens aoolicant shall hold the city and its employees and agents harmless from all loss, including expenses incurred in defending any action against the city arising out of such construction work. The applicant shall be liable for defects in the work and for any failure which may develop in the facilities because of defective work or materials. SECTION 20. Arroyo Grande Municipal Code Section 13.12.180 is hereby amended as follows: 13.12.180 South San Luis Obispo County &Sanitation eDistrict fees. Each connection to the sewer system shall be charged a fee as adopted by the Goyerning Board of the South San Luis Obispo County sSanitation eDistrict. fer saia sanitation district. SECTION 21. Arroyo Grande Municipal Code Section 13.12.200 is hereby amended as follows: 13.12.200 - Sewer connections outside the city limits. Sewer connections to an area outside the city limits shall be subject to the following conditions: A. The applicant shall provide detailed calculations that demonstrate that the proposed sewage flow, plus the projected sewage flow from the areas within the city limits at buildout can be conveyed by the city sewer system. The analysis shall be reviewed and approved by the director of public works. B. The applicant shall provide a will serve letter demonstrating that the South San Luis Obispo County &Sanitation eDistrict will accept the additional sewage. C. Pay connection fees as described in Sections 13.12.14f!0 through 13.12.240, plus an additional twenty (2Q) peroent ef ti:1e sity sennestien fee amount established by the city for Gity overhead feF and administration of the outside sewer ORDINANCE NO. PAGE 12 connection. In addition, the applicant shall be responsible for all costs associated with ti:1e alltside sewer sennestian fer connectino to the city's sewer system. D. For sewer connections of a single residence unit, the director of public works may approve the outside connection. For connections of more than a single residence unit, the outside connection shall be approved by the city council. E: Provide evidence of approval of all necessary government bodies, including, but not limited to, the local agency formation commission. SECTION 22. Arroyo Grande Municipal Code Section 13.12.210 is hereby amended as follows: 13.12.210 Connections--Fees--Disposition. All moneys derived from sewer connection fees shall be deposited in a special fund known as the "sewer facility fund." The money in said fund shall be used to pay for sewer improvements and future sewer capacity as necessary to meet the needs of the city resulting from growth and expansion. Ti:1e fllnd shall nat se Ilsea ta flay fer GJ;)oFatieR and ma.iflteAans0. SECTION 23. Arroyo Grande Municipal Code Section 13.12.250 is hereby amended as follows: 13.12.250 Applications--Installations--Costs--Reimbursement. Any person extending a public sewer to the benefit of other properties may request a reimbursement agreement to be aooroved by the city council. The city council shall approve or disapprove of any reimbursement agreement. The reimbursement agreement shall not reduce the connection fees to be paid to the city. The maximum term of a reimbursement agreement shall be ten (10) years. SECTION 24. Arroyo Grande Municipal Code Section 13.12.280 is hereby repealed in its enti rety. SECTION 25. Arroyo Grande Municipal Code Section 13.12.290 is hereby renumbered and amended as follows: 13.12.29Q270 - Inspection required. All sewer construction work, including taps into sewer mains, within the city shall be done in strict compliance with the Gity city's oublic works deoartment plans and specifications therefore' and the sllrrent Uniform Plumbing Code. Such work shall be inspected by a sit}' insfleGtor the oublic works director. SECTION 26. Arroyo Grande Municipal Code Section 13.12.300 is hereby amended as follows: 13.12.300 - Inspection notices--Preparation of work--Defects. All work done pursuant to the provisions of this chapter shall be subject to inspection by the city. Notices rel:jllesting such inSflElGtians sRall sa €li'/en in wFitin€l te ORDINANCE NO. PAGE 13 ti:1e sity by ti:1e pefSen, firm er cOFpeFatien doin€) SIlSi:1 v/erk, or sal:lsin€) SIlSi:1 werk te be aene, ene werkin€) aay, within the normal werking i:1ellrs, in aavanse of the time ti:1e inspestien is te be aene. Up to the time of the inspection all work shall remain uncovered and convenient for the inspector's examination. If any pipes are enclosed or covered in any way whatsoever so as to tend to obstruct a thorough inspection of the araina€)e oioino system, such obstruction shall be removed before an inspector shall be required to inspect the work. When, upon an examination by the inspector, the work is found to be defective, either in its construction or materials, such work shall be made to conform to the requirements of this chapter, in default of which the permit for such work shall be revoked by the city, and such work shall be discontinued immediately. SECTION 27. Arroyo Grande Municipal Code Sections 13.12.310 (Completion of work - Certificates); 13.12.320 (Building sewers - Connections); 13.12.330 (Building sewers - Requirements); 13.12.340 (Building sewer - minimum pipe size); 13.12.350 (Building sewers - Inspections and approval);, and 13.12.360 (Building sewers - Testing) are hereby repealed in their entirety. SECTION 28. Arroyo Grande Municipal Code Section 13.12.370 is hereby amended as follows: 13.12.370 - Lifting devisesSewer oumos--Backwatefflow valves. In all buildings in which there are plumbing fixtures at an elevation too low to permit drainage by gravity from such fixtures to the public sewer, the sewage from such fixtures shall be Iiftea by ar:tifisial means oumoed and discharged to the main sewer at the owner's expense. In all buildings where floor elevation is below the rim elevation of the nearest upgrade manhole, there shall be installed in the &iQe sewer lateral an approved type of backwatefflow valve. Backwatefflow valves shall also be installed iR siae sewers wi:1ere\'er and whenever ti:1e sity may aeem advisable. oer the uniform olumbino code. SECTION 29. Arroyo Grande Municipal Code Subsections 13.16.050.D and 13.16.050.E. are hereby amended as follows: D. Notwithstanding any other provisions of this section, at the service connection to any sewage treatment plant, sewage pumping station, or stormwater pumping station, the public water supply shall be protected by an air-gap separation. The air-gap shall be located as close as practicable to the meter, and all piping between the meter and receiving tank shall be entirely visible. If these conditions cannot be reasonably met, the public water supply shall be protected with an approved reduced pressure principle back-flow prevention device providing this alternative is acceptable to the departmentcounty. The final decision in this matter shall rest with the State Department of Pllblis Health. ef ti:1e state Services. E. Notwithstanding any other provisions of this section, on any premises where the department determines that a special hazard exists, the public water supply shall be protected by such approved back-flow prevention devices as designated by the ael3ar-tmentcounty. ORDINANCE NO. PAGE 14 SECTION 30. Arroyo Grande Municipal Code Section 13.16.070 is hereby amended as follows: 13.16.070 Qualification and certification of persons to inspect and maintain back-flow prevention devices. A. No person shall be qualified to inspect and maintain back-flow prevention devices unless his or her qualifications have been established to the satisfaction of the aepartmsnt County of San Luis Obisoo Environmental Health Services Division as set forth in this section. To determine the qualifications of any person to inspect and maintain back-flow prevention devices, the department shall have the authority to conduct examinations as necessary. Upon the successful completion of such examination and such training as the aepartment county shall prescribe, the person so examined shall receive from the aepaFll'Rsnt county a certificate of competence. Any limitations or conditions imposed by the department on the examinee in the inspection and maintenance of back-flow prevention devices shall be stated upon the face of the certificate of competence issued to the examinee. The department shall make available ' to consumers a list of persons qualified to inspect and maintain back-flow prevention devices. Every person, after receiving a certificate of competence from the aeflartmentcounty, shall be issued such identification as the department shall deem appropriate, and such identification shall be kept in the immediate possession of every person holding a certificate of competence while such person is inspecting or maintaining any back-flow prevention device in the city. B. Every person desiring to qualify to inspect or maintain back-flow prevention devices shall make an application to the departmentcounty. J\t ti:1e time af making ti:1e applisatien, every flersen sRall flay a fee ef ten aellars ($10.00) wi:1isi:1 fee si:1all net Be refllnaaBle. Ti:1e fee si:1all se\<er ti:1e eXflenses ef ti:1o EleflaFlment in presessing ti:1e appliGatiens, Gertifisates ef sempetense, ane any aeSllmeAts ef iaentifisatien re€lllireEl by the aeflartment. C. Every person holding a certificate of competence issued by the aapaFlment county pursuant to the provisions of this chapter shall be required to renew the certificate every three years. The requirements for re-examination may be waived at the discretion of the department county. D. Every person receiving a certificate of competence pursuant to the provisions of this chapter shall be responsible for the competency and accuracy of all inspections and the maintenance performed by him or her on any back-flow prevention device. E. Any person issued a certificate of competency who violates or fails to comply with any of the provisions of this chapter or who willingly falsifies inspection or maintenance reports submitted to the department shall have the certificate of competence immediately revoked and shall not be considered for recertification for a period of two years. SECTION 31. Arroyo Grande Municipal Code Section 13.16.090.A. is hereby amended as follows: ORDINANCE NO. PAGE 15 A. Whenever the aepartment county determines that drinking water systems on a premises cannot be protected against the entry of water from any piping system, equipment, or other source not safe or potable for human use, an entirely separate drinking water system shall be installed to supply water at convenient points. SECTION 32. Arroyo Grande Municipal Code Section 13.16.100 is hereby repealed in its entirety. SECTION 33. Arroyo Grande Municipal Code Section 13.16.110 is hereby amended as follows: 13.16.110 - Violations-~Penalties. The water flllrveyer city shall have the authority to immediately discontinue service to any premises where cross-connections or other hazards to the water system are found to exist and shall not again render seryice to the premises until such conditions are eliminated in accordance with the provisions of this chapter. Any consumer who willfully violates any of the provisions of this chapter or alters, bypasses or renders inoperative any back-flow prevention device installed pursuant to the provisions of this chapter shall, in addition to immediate discontinuance of water seryice, be subject to the penalties prescribed in Chapter 1.16 of this code. Service shall not again be rendered until such violation of noncompliance has been corrected. SECTION 34. Arroyo Grande Municipal Code Chapter 13.20 (Construction Regulations and Standards) is hereby repealed in its entirety. SECTION 35. Arroyo Grande Municipal Code Chapter 13.26 (Encroachment Permits) is hereby added as follows: CHAPTER 13.26 ENCROACHMENT PERMITS 13.26.010 - Application. Any person desiring to encroach upon, or to cause, allow or make any encroachment into the public right-of-way must first obtain a permit to do so. Applicants shall file a written application with the director of public works to obtain a permit. The application shall be in the form prescribed by the city, and shall have the following information (as applicable): 1. Location of the encroachment; 2. The reason or necessity for encroachment; 3. Estimated time to begin and complete the work or placement of an encroachment; 4. Plans and specifications covering the encroachment as may be required by the city. 5. Estimated cost of repairing damage to the road or other public property caused by the encroachment; 6. Length of time encroachment will be kept in place; ORDINANCE NO. PAGE 16 7. Each permit shall expressly provide that any personal property placed upon the sidewalk pursuant to the permit shall extend no further along the sidewalk than the exterior limits of the merchant's place of business; 8. Each permit shall expressly state, and the permittee shall agree, that in all cases a minimum sidewalk width of five feet shall be kept clear of any obstruction at all times; 9. Name, address and phone number of the person responsible for maintaining the encroachment during the term of the encroachment; 10. Other information as may be required by the director of public works. All terms and conditions of this chapter shall be incorporated by reference into any permit issued by the city. 13.26.020 - Approval/conditional approval. Upon receiving an application to encroach upon the public right-of-way, the director of public works shall issue, conditionally issue or deny it. If the application is approved, or conditionally approved, the director shall cause the deposit, if any, to be paid into the city treasury and/or such surety bond, if any, to be deposited with the financial services director, and shall issue a written permit authorizing the encroachment. The permit shall include all of the conditions required by this code and any conditions set by the director. In the event that application is denied, any deposit made or bond submitted in connection therewith shall be forthwith returned to the applicant. An applicant, if dissatisfied with the denial or with any condition attached to an approval, may appeal the decision pursuant to Section 1.12.010 of this Code. 13.26.030 - Fee. A fee for encroachment permits shall be established by resolution of the city council and shall be paid to the city at the time of issuance or renewal of any encroachment permit. Public utility companies operating under franchise agreement with the city may pay annually for permit fees or provide a deposit in advance of the estimated amount of permit applications subject to an agreement approved by the director of public works. 13.26.040 - Length of Time Valid. Encroachment permits shall be issued for a specific length of time, which shall not exceed a reasonable time necessary as determined by the director of public works. In the absence of any prior agreement to the contrary, no cause shall be necessary to be shown or proven for the city council to modify, revise or revoke any encroachment permit or deny an original or renewal request. Utility companies will not be required to have a current permit to conduct any maintenance that does not require any cutting of concrete or asphalt and/or excavation. 13.26.050 - Cleaning/Sweeping. Permittees shall be required to clean/sweep that portion of the right-of-way encroached upon. Unless authorized by the director of public works, no material or debris shall be allowed to remain in the right-of-way. ORDINANCE NO. PAGE 17 13.26.060 - Security Deposit. Unless waived by the director of public works, a deposit shall be required prior to the issuance of an encroachment permit involving construction in the street right-of"way. The deposit shall be either cash, cashier's check, certified check, certificate of deposite, surety bond issued by a company authorized to do business inthe state, or other form acceptable to the director. The director of public works shall set the amount of the deposit based on potential damage to public property which may be caused by the project or which will result if the project is not completed. All deposits shall remain in force for a period of one year from the date of expiration of the encroachment permit, at which time the financial seryices director shall be authorized and directed to return the cash deposit or bond or other security posted by the permittee to the permittee. The amount returned will no include any interest, unless required by prior agreement or law. ~ 13.26.070 - Other Permits. It shall be the duty .of any person causing, allowing, making or maintaining any encroachment in any road or other public place in the city, to procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work as required by other agencies. SECTION 36. If any section, subsection, subdivision, paragraph, sentence, or clause of { this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 37. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the Director of Administrative Services/City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the Director of Administrative Services/City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 38: This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member , seconded by Council Member , and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this _ day of ,2005. ORDINANCE NO. PAGE 18 TONY FERRARA, MAYOR ATTEST: ' . KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER , APPROVED AS TO FORM: i i TIMOTHY J. CARMEL, CITY ATTORNEY , ATTACHMENT 1 13.04.010 Chapter 13.04 13.04.210 Fire hydrants and other hydrant-metered water- WATER SERVICE SYSTEM Permit required to us~ Charges. Sections: 13.04.220 Service connections, 13.04.010 Rates and charges. installations and 13.04.020 Adoption of rules and extensions-Charges. change of rates. 13.04.230 Maintenance of 13.04.030 Applications for service-- equipment. Deposits. 13.04.240 Installation of equipment. ' 13.04.040 Delinquent hills-- 13.04.250 Extension of mains Discontinuance of outside city. services- Turn-off and 13.04.260 Subdivision of property. turn-on charges. 13.04.270 Check valves. 13.04.050 Discontinuance of service 13.04.280 Liability. for violations. 13.04.060 Termination of service by 13.04.010 Rates and charges. I owner-Reinstatement- A. Basic Monthly Charges. Whenever wa- I Charges. ter is supplied and meters are used or in- 13.04.070 Reading meterS. stalled, as provided in this chapter, a basic 13.04.080 Failure of meters. monthly charge shall be made to each cus- 13.04.090 Testing meters--Deposit. tomer. The city council shall, by resolution, 13.04.1 00 Right of entry. establish the rates which will be charged for 13.04.110 Unlawful acts- water service. Interference with pipes- B. Proration for Portions of Months. Emergency shortage. When a water bill is rendered for any period 13.04.120 Unlawful acts-Use of of time less than the regular period for water water for boilerS and furnished, the regular minimum monthly similar apparatus. charge shall be prorated, based upon actual. 13.04.140 Unlawful acts- consumption. Such consumption shall be Unauthorized use of charged at minimum rates; but consumption at water. a rate in excess of the regular period allow- 13.04.150 Unlawful acts- ance shall be billed at the excess rates. . Interference with C. Lopez Contract Charges. In addition to equipment. the monthly water charges set forth in this 13.04.160 Unauthorized connections. chapter, each city water customer shall be 13.04.180 Joint use of service. charged an additional sum each month, to be 13.04.190 Bypass for fire designated "Lopez contract charges." The Lo- protection-Permit pez contract charges shall be established by req uired. resolution ofthe city council. 13.04.200 Emergency turn-off of D. Lopez Contract Charges-Billings. water. Billing for such Lopez contract charges shall 297. (Arroyo Grande Supp. No. 3. ~3) 13.04.020 be prepared and deposited in the mail on or bills remaining unpaid for a period of forty- about the first day of each month that the bills one (41) days since issuance shall become provided for are sent, pursuant to the provi- delinquent. Where water bills so become de- sions of Section 13.04.070 of this chapter. linquent, service may be shut off at any time (Prior code ~ 6-7.01) after a ten (10) day written notice; and such accounts shall be subject to the water turn-off 13.04.020 Adoption of rules and and turn-on charge provided for in this sec- change of rates. tion. The director of [mancial services, at his The council may, by ordinance, adopt rules or her discretion, may cause a meter reading and regulations for the operation and mainte- to be made at any time; and thereupon the bill nance of the water department and for furnish- for water used since the previous reading shall ing water to customers and may, by resolu- become immediately due and payable and tion, modify the rates, charges and penalties shall become past due on the thirtieth day fol- established and imposed in this chapter. (Prior lowing the mailing or presentation of such code ~ 6-7.02) bill; and such accounts shall be subject to the late-fee charge, water turn-off and turn-on 13.04.030 Applications for service-- charge provided for in this section. Deposits. The water late fee, turn-off and turn-on No person shall be entitled to have a water charge shall be as detennined by council reso- . connection until the owner of the premises to lution. (Prior code ~ 6-7.04) be served shall make an application for such connection on a fonn provided by the finan- 13.04.050 Discontinuance of service cial services department. Wherever meter ser- for violations. vice is given, the financial services director, at A. The water rates, charges, and penalties his or her discretion based upon creditworthi- set forth in this chapter shall be charged ness of the applicant, may require a reason- against the property upon which such water or able deposit to guarantee the payment of the service is furnished and against the owner water bills. (Prior code ~ 6-7.03) thereof. Iffor any cause any of such sums ow- ing become delinquent and unpaid, or if any 13.04.040 Delinquent bills- of the other tenns of this chapter or the rules Discontinuance of services- and regulations established as a condition to Turn-off and turn-on the use of water are not complied with, the charges. water may be shut off. If there has been no All meters shall be read by the water de- bona fide change in ownership, the water shall partment as provided in Section 13.04.070 of not be turned on to the same property until all I this chapter; and all bills for water or service such charges, delinquencies and penalties shall be due and payable at the City Hall upon have been paid in full, including the additional presentation. All water bills remaining unpaid amount fixed in Section 13.04.040 of this for a period of thirty (30) days shall thereupon chapter for the expense of turning water off become past due. Where water bills so be- and on. I come past due, notification will be delivered B. The fimuice director may, at his or her of such status and a late fee levied. All water discretion, shut off the water, for a period not I -- I (Arroyo Gnnde Supp. No.3, 8-(3) 298 , --- 13.04.060 exceeding three months, upon the written re- 13.04.090 Testing meters-Deposit. quest of the owner of any premises upon Upon demand in writing and the deposit of which such water or service is furnished, pro- fifty doJlars ($50.00) by the consumer, such ! vided no delinquency exists in the payment of consumer may bave his meter examined and II charges and penalties for water service. (Prior tested by the water department for the purpose code 9 6-7.05) of ascertaining\whether or not it is registering correctly. If the meter shall be found to regis- 13.04.060 Termination of service by ter three percent more water than actually owner-Reinstatement- passes through it, another meter shall be sub- Charges. stituted therefor and the fifty dollar ($50.00) No allowance or rebate shall be made from deposit refimded and the water bill for the cur- the regular rates specified in this chapter, rent period adjusted in such an amount as the whether water has been actually used or not, finance director shaJl deem fair and just; oth- unless the water department has been notified erwise, the deposit shaJl be retained by the in writing by the owner of the premises to re- city to pay the expense ~f such examination move the meter installed for such premises; and test. (Prior code 9 6-7.09) and thereupon, after the expiration of the cur- rent billing period subsequent to the last meter 13.04.100 Right of entry. I reading by the water department of such me- Any duly authorized agent of the city shall I . ter, no further minimum charge shall be made be allowed free access to make a personal ex- against such premises; and the wllter depart- amination of the premises of any applicant or ment shall charge and collect for reinstalling a consumer of water for the purpose of meter for such premises, upon receiving writ- designating the rate to be applied to such ten application of the owner thereof, the sum premises and for the inspection of water, pipes offifty dollars ($50.00). (Prior code 9 6-7.06) and equipment connected thereto. (Prior code 96-7.10) 13.04.070 Reading meters. All water furnished within the city shall be 13.04.110 Unlawful acts-Interference delivered through meters. All meters shall be with pipes-Emergency read on a bimonthly. basis. The chief clerk of shortage. the water department shall cause to be prepared No person, except a duly authorized agent water bills from such readings and shall deposit of the city, shall turn the water on or off from si1c~ bills in the mail on or about the flTSt of the any building or premises; and no person shall following month. (Prior code 96-7.07) tap, cut or move any water pipe laid in streets or alleys unless permission to do so has been 13.04.080 Failure of meters. granted by the water department furnishing When a meter fails to register or registers the water. inaccurately, the charge for the period in ques- In case of fire and during a stated period of tion shall be based upon an estimate made by water shortage, no person shall take any water the director of public works of the amount of from any fire hydrant or street sprinkling tank; water used through such service. (Prior code and all irrigating faucets, hose sprinklers,and 96-7.08) water shall be immediately turned off upon an 299 (Arroyo ~~~ Supp. No. 3, 8-03~ . I 13.04.120 alarm of fire or water shortage and shall not drant of the city in any manner not authorized be turned on again until the fire or water by the provisions of this chapter. (Prior code shortage is known to be extinguished or ter- g 6-7.15) minated. (Prior code g 6-7.11) 13.04.160 Unauthorized connections. 13.04.120 Unlawful acts-Use of water Should the occupant of any premises, or for boilers and similar any person for him or her or on his or her be- apparatus. half, turn on water after it has been turned off It is unlawful for any person to draw water by the water department, the meter shall be from any city pipes directly into any stationary removed and a charge offifty dollars ($50.00) steam boiler, hydraulic elevator, power pump, made, in addition to the amount of all bills or similar apparatus. (prior code g 6-7.12) then due, before water shall be again turned on. (Prior code g 6-7.16) 13.04.140 Unlawful acts- Unauthorized use of water. 13.04.180 Joint use of service. It is unlawful for any consumer, without the The director of public works may permit written consent of the director of public more than one place of business, using small i works, to supply water to any person other quantities of water mainly for lavatory and than the occupant of the premises of such con- drinking purposes, to be served through the . sumer, or to permit any unauthorized use of same meter when, in his or her opinion, spe- water through any meter installed for the use cial conditions justify such service; and in all of such consumer. (Prior codeg 6-7.14) such cases, a minimum established meter rate shall be charge for each separate place of 13.04.150 Unlawful acts-Interference business so served of not less than the estab- with equipment. lished minimum rate. It is unlawful for any person to open any city If any meter readings for such places of fire hydrant, stock-cock, or gate valve, or to business show any excess over the amount of meddle with any street service, water connec- accumulated minimums, a prorated charge tion, backflow device, or water meter, or to shall be made of such excess to each place of meddle or tamper with any water meter box or business served through such meter. meter box lid, or to drive a motor vehicle over The director of public works may permit or obstruct a water meter or a water meter box more than one condominiwn or planned unit I attached to any pipe connected with the water development (p.U.D.) unit to connect to a Ii main or water pipes of the city, or to turn on or common meter, subject to improvement stan- , off water in any water main or water pipes, or dards adopted by the city. In such cases con- to tap, break or injure any fire hydrant, wate~ nection fees and service charges shall conform main, water pipes, water meter, meter box, me- to this chapter. Furthermore, the director may ter box lid, or any reservoir belonging to the require appropriate conditions to such an ap- city, or to tap any water service pipe between proval to become a part of the codes, cove- the point of connection with the water main nants, and restrictions for the subdivision. and the meter placed on such pipe line, or to (prior code g 6-7.18) take or draw water from any main, pipe or hy- - (Arroyo Gomde Supp.No. 3, 8-<13) 300 I I ~--- --- 13.04.190 13.04.190 Bypass for fire protection- meter, twenty dollars ($20.00), plus a deposit Permit required. of two hundred dollars ($200.00) toward ac- !i No bypass or connection between the meter tual usage. II and the main shall be made or maintained ex- Water charges shall be based on actual wa- cept upon written permission of the director of ter used at the rate of seven dollars and thirty public works, which shall only be given in the cents ($7.30) per one hundred (100) cubic case of fire protection. It is unlawful to use feel. (Prior code 9 6-7.21) any such bypass for any other purpose than that for which it is installed. If used for any 13.04.220 Service connections, other purposes or at any other times than per- installations and mitted by the director of public works, except extensions--Charges. in the case of fire, there shall be charged and Upon the approval of an application for a collected for such service amounts equal to service connection, an order for service may double the regular charge for water. (Prior' be issued subject to payment by the applicant code 9 6-7.19) of the following fees: 1. A charge referred to in this subsection as 13.04.200 Emergency turn-off of a "meter charge," which shall be as follows:. water. a. Outside of subdivisions or locations In the event of an emergency, the water requiring city staff installation of water ser- department shall have the power to turn off vice and meter. water from mains and pipes of the system without notice. In all other cases, the director Size of Meter Inside City Outside City of public works shall give reasonable notice of 5/8 inch 3/4 $650.00 $780.00 such turning off to consumers likely to be af- inch fected. (Prior code 9 6-7.20) I inch 720.00 864.00 1-112 inch 1,075.00 1,290.00 13.04.210 Fire hydrants and other 2 inch 1,375.00 1,650.00 hydrant-metered water- 3 inch 2,740.00 3,288.00 Permit required to use-- 4 inch 3,140.00 3,768.00 ! Charges. Fire hydrants shall be furnished and in- b. In subdivisions or where the water ser- stalled by the water department. All persons vice has been previously installed, the meter and contractors using water through fire hy- charge for connecting to any public water drants or other hydrants owned or controlled main on or after March 30, 1985, shall be de- by the city shall obtain a permit so to do from . termined by applying the following formula to the director of public works. No such permit the above slated charges: shall be issued to any person or contractor who has violated any of the provisions of this 1+ (Current E.N.R. Cost Index)- chapter or who is indebted to the city for wa- (Base E.N.R. Cost Index) = Muliiplier ter used or for damage to hydrants. Charges for the use of such hydrants shall be as follows: For the installation of a portable 301 . (Arroyo Gr.mdc supp, No. 3. ll4l3) -- - --- -- -- -- 13.04.220 "Base E.N.R. Cost Index" shall be the En- gineering News Record Construction Cost Index in effect on March 30, I 985. "Current E.N.R. Cost Index" shall be the Engineering News Record Construction Cost Index in effect at the time of connecting to the public water system. "Multiplier" shall be the figure used to multiply the charges set forth in subsection (A)(I)( a) of this section to adjust such charges to the current construction costs. 2, A charge referred to in this subsection as a "service main charge" or "front foot charge," which shaIl be as follows: a. Where a developer, other than the city, has installed the service main and there, is an agreement between the city and the developer that the developer shall be reimbursed Upon a connection to the service main, the city shall collect the amount agreed to be paid to the developer pursuant to the agreement or the service main charge or front foot charge, whichever is greater. b. In all cases where there is not an agreement for the reimbursement of the de- veloper, there shall be a charge of six doIlars ($6.00) per front foot of property served. c. In all cases on and after June 26, 1975, the charges set forth in this section shall be . imposed. In the event meters have been sold but not instaIled within thirty (30) days after the purchase of such meters, the city will repurchase such uninstaIled meters for the sum paid to the city for the meters. 3. A charge referred to in this subsection as a "water supply charge" or "water availability charge." Pursuartt to the provisions of Section 38743 of the Government Code of the state, (Arroyo Gnnde Supp. No.3, 8-03) 302 13.04.220 water availability charges shall be levied in to the meter, box and lid on all new accordance with the followi,?g schedule: installations except subdivisions, which are a. No water availability charge shall be covered in subsection F of this section, shut-off imposed upon any parcel of land owned by the valves, vale boxes, and lids shall be provided government of the United States or by the state by the water department. All such pipe, meters, or by any political subdivision thereof; boxes, lids, shut-off valves, and devices shall provided, however, no piece ofland sold to the . remain the property of the city. Suitable state for delinquent taxes, by operation oflaw, backflow protection shall be provided when the but not deeded, shall be considered as being water department deems' such protection owned by the state and thereby exempt from necessary . the application of the provisions of this chapter. C. The connection charges provided for in b. Water availability charges shall be subsection A of this section shall not only be imposed upon each parcel of property not construed to pay for running and connecting served with city water. the pipe from the water main to the sidewalk . c. The city shall collect the water area of the property to be services, but in no availability charge, as provided for in this event for a distance of more than four feet; and subsection, by billing the charged land on an any connecting pipe necessary to be laid a annual basis. In the event such availability longer' distance shall be paid for by the charges have not been paid at the time a water applicant at the .rate of the actual cost of service connection application is made for such making such connections, plus twenty-five (25) parcel, all accumulated water. availability percent of such amOunt for supervision; and all . charges, continuing at one thousand dollars such charges shall be deposited in advance ($1,000.00), effective July I, 1991, and before such connection is made. increasing annually by fifty dollars ($50.00) on D. Should a consumer desire to have his or July 1st each succeeding year, per dwelling her water service or meter moved to a new unit, hotel, hotel or hospital room. or location andlor increase the meter and service commercial unit developed, shall b~ paid. line size, the approval of the water department d. In the event the plumbing or structures shall first be obtained; and the cost of such are modified by an existing water user, an removal shall be charged to the consumer on additional water supply charge shall be the basis of the amount of time and material assessed with the building permit for each involved, plus twenty-five (25) percent of such additional dwelling unit; hotel, motel, or amount for supervision. hospital room, or commercial unit. Failure to E. Where there is an existing service line pay additional water supply charges with such that can accommodate a larger meter, and a improvements may result in discontinuance of request is received from the property oW!ler for water service to the entire property. an increased size, such meter may be installed B. The charges set forth in subsection A of for the difference in costs, as shown in this section shall cover the cost of insta1ling the subsection A of this section. necessary service equipment to within the F. Meter service charges for subdivisions sidewalk area, including the cost of installing, where service has been installed by' the the water meter, meter box, and lid. In addition developer shall be as follows: 303 13.04.230 Size of Meter Fee 13.04.230 Maintenance of equipment. 5/8-inch to 3/4-inch $70.00 . All water meters shall be furnished by the water department, shall remain the property of For larger size meters, the charge shall be the city, and shall be maintained, repaired and the City's costs of labor and materials, plus ten renewed when unserviceable through fair wear (10) percent of such costs of labor and and. tear thereof; provided, however, whenever materials. replacements, repairs, or adjustments of any G. The charges set forth in subsection F of meter, box, lid, stopcock, gate valve, backflow this section shall cover the cost of the device, or connections are rendered necessary installation of the water meter and 'shut-off by any act, negligence or carelessness .of the valve. consumer or anyone in privity with him or her H. Charges for repairs of existing mains, or any expense thereby caused to the water for any of the publicly owned facilities in department shall be charged against such meter connection with the water distribution system, service and. collected from the consumer, plus shall be the actual costs of labor, materials and a charge of twenty-five (25) percent of such equipment, plus overhead and supervision, amount for the supervision of necessary based on the following schedule: replacements, repairs or adjustments in the same manner as provided in this chapter for the Overhead collection of service connection charges. (Prior and code ~ 6-7.23) . 'Total Cost of Labor, Supervision Materials, and Equipment Charge 13.04.240 Installation of equipment. $ 0.00 to $ 200.00 25% The installation of all new water mains, I 200.00 to 300.00 24% valves and fire hydrants which will ultimately 300.00 to 400.00 23% become part of the regular water system shall 400.00 to 500.00 22% require the prior approval of the city engineer 500.00 to 600.00 21% and. the water' superintendent. Service lines 600.00 to 700.00 20% may be installed by the water department in , 700.00 to 800.00 19% ,conjunction therewith. (Prior code ~ 6-7.24) I 800.00 to 900.00 18% \, 900.00 to 1,000.00 17% , 13.04.250 Extension of mains outside , .' 1,000.00 to 1.000.00 16% 1,100.00 and up 15% city. Any requests for water main extensions. 1. The charge for the installation of a main outside the city shall only be granted: if the or extension of an existing main shall be as property to be served annexes to the city, and, provided by Resolution No. 435 of the city. in addition thereto, any applicant for such water (Ord. 525 ~ 1(C), 2001; prior code ~ 6-7.22) service .shall pay a sum as the council may, from time to time, fix by ordinance, but in no . event shall such amount be less than fifty dollars ($50.00) per lot. In addition, such 304 -- 13.04.260 applicant shall pay the cost of the main ex- tension in accordance with the rates then in effect. (Prior code 9 6-7.25) 13.04.260 Subdivision of property. In the event of a division or subdivision of , property, any existing service shall be deemed I ~ to serve that part of the property so divided on , which such service is then located. (Prior code 96-7.26) 13.04.270 Check valves. Whenever the director of public works shall consider it necessary for the safety of the water system to have an approved check valve placed on the property line of any consumer's service, notice shall be given to such consumer so to do. Such valve shall thereupon be immediately, installed at the expense of such consumer. (Prior code 9 6-7.27) 13.04.280 Liability. . There shall be no liability on the part of, ~ the city for damage, loss or inconvenience I resulting from sand, gravel, rust, sediment, foreign matter, air, excessive pressure, or ,I hydraulic water hammer in the water system. (Prior code 9 6-7.28) 'oj" ! 305 (Arroyo Grande Supp. No.3. g..{)3) 13.05.010 Chapter 13.05 C. The city council may from time to time adopt resolutions designed to implement the WATER CONSERVATION provisions of this chapter. (Ord. 540 ~ 1, Exh. A (part), 2003) Sections: 13.05.010 Water supply conditions. 13.05.020 Normal water supply 13.05.020 Normal water supply conditions. conditions. During nonnal water supply conditions the 13.05.030 Moderately restricted following restrictions and measures shall be in water supply conditions. effect: 13.05.040 Severely restricted water A. Outdoor water use for washing vehi- supply conditions. c1es, boats, paved surfaces, buildings and 13.05.050 Critical water supply other similar uses shall be attended and have conditions. hand-controlled water devices, typically in- 13.05.060 Penalties for eluding spring loaded shutoff nozzles. noncompliance. B. Outdoor irrigation resulting in exces- 13.05.070 Violation-Penalty. sive gutter runoff is prohibited. (Ord. 540 ~ 1, Exh. A (part), 2003) 13.05.010 Water supply conditions. A. The city council shall from time to time 13.05.030 Moderately restricted water adopt resolutions declaring the level of the supply conditions. I city water supply condition, which in turn will During moderately restricted water supply I determine the water conservation measures in conditions the following restrictions and , effect at any particular time within the city. measures shall be in effect: , I The four levels of water supply conditions are: A. Outdoor water use for washing vehi- 1. Normal Water Supply Condition. De- c1es, boats, buildings or other similar uses fined as consuming zero to ninety (90) percent shall be attended and have hand-controlled of the annually available water supply; watering devices, typically including spring- I 2. Moderately Restricted Water Supply loaded shutoff nozzles. , , Condition. Defined as consuming ninety (90) B. Use of water which results in excessive \ to ninety-five (95) percent of the annually gutter runoff is prohibited. I available water supply; C. No .water shall be used for cleaning I 3. Severely Restricted Water Supply driveways, patios, parking lots, sidewalks, Condition. Defmed as consuming ninety-five streets, or other such uses except as found (95) to ninety-nine (99) percent of the annu- necesslll)' by the city to protect the public ally available water supply; and . health or safety. 4. Critical Water Supply Condition. De- D. Outdoor Irrigation. fined as consuming one hundred (100) percent 1. Outdoor irrigation is prohibited be- I of the annually available water supply. tween the hours often (10:00) a.m. and four B. Upon adoption of the required resolu- . p.m. , tion, the restrictions and measures identified 2. Irrigation of private and public land- \ in this chapter shall take effect immediately. scaping, turf areas and gardens is permitted at . (A<royo Gnndc S.pp, No, 3, 8.()3) 306 \ ~ -----~ p I --------- 13.05.040 even-numbered addresses only on Mondays gation is permitted at all addresses on Satur- and Thursdays and at odd-numbered addresses days and Sundays however, in all cases cus- I only on Tuesdays and Fridays. No irrigation tomers are directed to use no more water than of private and public landscaping, turf areas necessary to maintain landscaping. I I and gardens is permitted on Wednesdays. Irri- D. Emptying and refilling swimming gation is permitted at all addresses on Satur- pools and commercial spas is prohibited ex- days and Sundays however, in alIcases cus- cept to prevent structural damage and/or to tomers are directed to use no more water than provide for the public health and safety. necessary to maintain landscaping. E. Use of potable water for compaction or E. Use of potable water for compaction or dust control purposes in construction activities dust control purposes in construction activities is prohibited. (Ord. 540 ~ I, Exh. A (part), " is prohibited. (Ord. 540 ~ I, Exh. A (part), 2003) I' 2003) 13.05.050 Critical water supply 13.05.040 Severely restricted water conditions. supply conditions. In addition to the conditions specified in I During severely restricted water supply Section 13.05.040, the following restrictions conditions the following restrictions and and measures shall be in effect during critical measures shall be in effect: water supply conditions: A. Use of water which results in excessive A. Outdoor irrigation of private or public gutter runoff is prohibited. landscaping, turf areas and gardens is prohib- B. Outdoor Water Use - Except Irriga- ited. tion. B. Outdoor water use for washing vehicles 1. No water shall be used for cleaning is prohibited except at a public car wash facil- driveways, patios, parking lots, sidewalks, ity. . streets or other such use except where neCeS- The city council may also impose any wa- sary to protect the public health and safety; ter-rationing requirements as it deems appro- 2. Outdoor water use for washing vehicles priate to protect public health, safety, welfare, , shall be attended and have hand-controlled comfort and convenience. (Ord. 540 ~ I, Exh. I waiering devices, typically including spring- A (part), 2003) II loaded shutoff nozzles. i C. Outdoor Irrigation. 13.05.060 Penalties for 1. Outdoor irrigation is prohibited be- noncompliance. tween the hours of ten (10:00) a.m. and four A. Violation of any provision of this chap- p.m. ter may result in termination of water service I 2. Irrigation of private and public land- until such violation is corrected, and until all I scaping, turf areas and gardens is permitted at appropriate fees and penalties are paid in full even-numbered addresses only on Mondays, and will be subject to the following adlJlini- and Thursdays and at odd-numbered addresses stration procedure: only on Tuesdays and Fridays. No irrigation 1. Written notice to the alleged offender, of private and public landscaping, turf areas including the furnishing of informational ma- and gardens is permitted on Wednesdays. Irri- terial and advice where appropriate; 306-1 (Anoyo Grande Supp. No.3. 8-03) 13.05.070 2. Recovery of all city staff costs, includ- ing overhead, for any second or greater of- fense within anyone-year period; 3. Additional civil administrative penal- ties for any third or greater offense within any one year period; 4. The right to appeal first to the utility billing adjustment committee and then to the city council. (Ord. 540 9 I, Exh. A (part), 2003) 13.05.070 Violation-Penalty. In addition to, and completely separate from, the civil enforcement provisions of the ordinance codified in this chapter, any person who knowingly and willfully violates the pro- visions of this chapter shall be guilty of a criminal misdemeanor as provided in the gen- eral penalty provisions ofthis code. All previ- ous attempts by the city to obtain compliance by the defendant may be introduced as evi- dence of the offender's knowledge and will- fulness. (Ord. 540 9 I, Exh. A (part), 2003) ,\ I I I .1 '. . - (Arroyo Grande Supp. No.3. 8-03) 30~2 13,06.0 I 0 Chapter 13.06 13.06.020 Retrolit upon slIle. A. Before the close of escrow for a11\ MANDATORY RETROFIT PROGRAM changeofownership. defineo by this chapte;. of real property withil! the city. the selling Sections: owner(s) or an authorized agent shall certify 13.06.010 Definitions. compliance with the retrotit requirements of 13.06.020 Retrofit upon sllle. this chapter by obtaining a water conservation 13.06.030 Cost of retrofit. certiticate 111 accordance with Section 13.06.040 Verification. 13.06.040 of this chapter. No property transfer i 13.06.050 Notice of correction. shall be recorded until verification has been , 13.06.060 Exemptions. received by the city and a water conservation I 13.06.070 Appeals. certificate has been issued to the seller. , 13.06.080. Penallies-Infrnction. B. Pursuant to the authority vested to the 13.06.090 Remedies cumulative. city under Civil Code Section 1102.6a. the , city hereby requires disclosure of the retrofit 13.06.010 Delinitions. requirements of this chapter. in transaction. "Change of ownership" means a transfer transfer or change in ownership subject to the of a present interest in real property. Every provisi?ns of this chapter. transfer of property shall quality as a "change C. No liability shall arise nor any action of ownership". except transfer of title from be brought or maintained against any agent of one spouse to another. whether the transfer is any party to a transfer of title. including any voluntary. involuntary. by operation of law. person or entity acting in the capacity of an by grant. gifi. devise. inheritance, trust con- escrow. for any error. inaccuracy or omission tract of sale, addition or deletion of an owner, relating to compliance with this section. How- property settlement or any other means. ever, this section does not apply to a licensee. I Change of ownership effected other than by a as defined in Section 100 II of the State Busi- I contract of sale shall be deemed to occur at ness and Professions Code, where the licensee : the time of actual transfer of title. A change of participates in the making ofthe certification ownership resulting from a contract of sale or required to be made pursuant to this section similar instrument shall be so regarded only if with actual knowledge of the falsity of the escrow is opened or a contract of sale is exe- certification. (Ord. 563 ~ I (part), 2005) cuted, whichever occurs last, on or after the effective date of the ordinance codified in this 13.06.030 Cost of retrofit. chapter. The cost of retrofit shall be borne by the "Low-water-use plumbing" fixtures" owner of the property. The owner can request means any toilet using a maximum of one and a retrofit through the city's existing plumbing six-tenths gallons per flush and shower heads retrofit program as outlined in the city's water designed to emit a maximum of two and one- ' conservation program. This program allows half gallons per minute (gpm) of water. for the cost of the retrofit to be paid by the "Retrofit" means the replacement of a city if water conservation funds are available. conventional plumbing fixture with low- (Ord. 563 ~ 1 (part),2005) water-using plumbing fixtures. "Water conservation certificate" means a 13.06.040 Verification. certificate acknowledging that installation of A. Upon retrofitting with water- water-conserving plumbing fixtures has been .' conserving plumbing fixtures, the seller, prior completed. (Ord. 563 ~ I (part), 2005) to the change of ownership, shall obtain from the utilities department a "water conservation 306-2a (Arroyo G~dl: Supp. No. 8,6-(5) I I I 13.06,050 certillcate:' in accordance with administrative 13.06.070 Appeals. procedures established by the department. A. Content of Appeals. An appeal may verifying that water-conserving plumbing IIx- be made to an appeals board. consisting of tures have been installed, The seller shall al- representatives from the community develop- Iowan inspection of property by city statT. ment department. financial services depart- B. "Water conservation certificates" ment. and utilities department. by any person shall also be available to those who voluntar- aggrieved by a decision of the director of pub- ily install \vater-conserving plumbing IIxtures lic works pursuant to this chapter. The appel- or have installed water-conserving plumbing lant must specifically state in the notice of IIxtures prior to.the efTective date of ordinance appeal: codified in this chapter. (Ord. 563 S I (part). I. The name and address of the appellant 2005) and the appellant"s interest in the decision: 2. The nature of the decision appealed 13.06.050 Notice of correction. from and/or the conditions appealed from; Whenever the director of public works 3. A clear. complete. but brief statement determines that there is a property where low- of the reasons why, in the opinion of the ap- water-use plumbing IIxtures have not been pellant, the decision orthe conditions imposed installed as required by this chapter or where were unjustified or inappropriate; such IIxtures have been removed since initial 4. The specillc facts of the matter in suf- installation and replaced with other than low- IIcient detail to notify the city. The appeal water-use IIxtures. the director may serve a shall not be stated in generalities. notice of correction on the owner(s) of the B. Acceptance of Appeal. An appeal property on which the violation is s.i!uated and shall not be accepted by the city unless it is any other person responsible forthe violation. complete. (Ord. 563 S I (part), 2005) The owner of record shall have ninety (90) days to take corrective action. Failure to take 13.06.080 Penalties--I n fraction. corrective action within ninety days shall con- It is unlawful to fail to comply with the stitute a violation of this chapter. retrofit requirements of this chapter or to alter (Ord. 563 S I (part),2005) or replace low-water-use plumbing fixtures required by this chapter with fixtures other 13.06.060 Exemptions. than low-water-use plumbing fixtures. Viola- The director of public works may exempt tion of the provisions of this chapter shall facilities from the provisions of this chapter, constitute an infraction. Each day any viola- and impose reasonable conditions in lieu of tion ofthis chapter continues shall be consid- full compliance herewith, if the director de- ered a new and separate offense. (Ord. 563 S 1 I termines that there are practical difficulties (part), 2005) involved in carrying out the provisions of this chapter. The director may exempt facilities 13.06.090 Remedies cumulative. from the provisions of this chapter when low- The decision ofthe city to pursue either a water-using fixtures are not available to match civil or criminal or abatement action against a a historic architectural style. The director shall person violating any provision of this chapter require that sufficient evidence or proof be shall not preclude further reliefby use of any submitted to substantiate any exemption or other remedy provided herein, orby common acceptance of alternatives. (Ord. 563 S I Jaw, statute oi-ordinance. (Ord. 563 S 1 (part), (part), 2005) 4005) "\., ~ ..... (Arroyo Grande Supp. No.8, 6-05) 306-2b ~'-" 13.08.010 Chapter 13.08 and exploratory holes shall be considered abandoned twenty-four (24) hours after con- WATER WELLS struction work has been completed, unless otherwise approved by the health officer. Sections: "Agricultural well" means a water well 13.08.010 Purpose. used to supply water for irrigation or other 13.08.020 Definitions. agricultural purposes, including stock wells. 13.08.030 Acts prohibited-Permits "Cathodic protection well" means any arti- required. ficial excavation in an aquifer or in excess of 13.08.040 Permits-Applications- fifty (50) feet constructed by any method for Fees-Bonds- the purpose of installing equipment or facili- Conditions-Terms. ties for the protection electrically of metallic 13.08.050 Inspection. equipment in contact with the ground, com- 13.08.060 Standards. monly referred to as cathodic protection. 13.08.070 Public nuisances. "Community water supply well" means a 13.08.080 Immediate abatement. water well for domestic purposes in systems subject to the provisions of the California Safe 13.08.010 Purpose. Drinking Water Act, Health and Safety Code It is the purpose of this chapter to provide Section 116275. I for the construction; repair, modification and "Completion" or "completion operation" I destruction of wells in such a man.ner that the means any work conducted after artificial ex- I . ground water of the city will not be contami- cavation, including: nated or polluted and that water obtained 1. The replacement of the well casing; from wells will be suitable for beneficial use 2. Gravel packing; and will not jeopardize the health, safety or 3. Sealing; welfare of the people of the city. (Prior code 4. Casing perforation; or 96-8.01) 5. Other operations deemed necessary by the health officer. I 13.08.Q20 Definitions. "Contamination" means an impairment of For the purposes of this chapter, unless oth- the quality of water to a degree which creates. I erwise apparent from the context, certain a hazard to the public health through poison- words and phrases used in this chapter are ing or through the spread of disease. .\ defmed as follows: 1. Such waters for beneficial uses; or "Abandoned" or "abandonment" shall ap- 2. Facilities which serve such beneficial I ply to a well which has not been used for a uses. period of one year, unless the owner declares "Destruction" or "destroy" means the com- I in writing to the health officer his or her inten- plete filling of a well in such a manner that it I tion to use the well again for supplying water will not produce water or act as a conduit for or other associated purposes, such as an ob- the interchange of water when such interchange servation well or injection well, and receives approval of such declaration. All such declara- tions shall be renewed annually. Test holes 306-3 (Arroyo Grande Supp. No.3. 8-03) 13.08.020 will result in the deterioration of the quality of into the ground as a means of preventing water In any water-bearing formations intrusion of salt water into a fresh water- penetrated. bearing aquifer. "Electrical grounding well" means any "Test hole" or "exploratory hole" means an artificial excavation in an aquifer or in excess excavation used.for determining the nature of of fifty (50) feet constructed by any method for underground geological or hydrological the purpose of establishing an electrical conditions, whether by seismic investigation, ground. direct observation, or any other means. "Health officer" means the health officer of "Well" means any artificial excavation the city, his or her medical deputies, his or her constructed by any method for the purpose of sanitarians, and his or her duly authorized extracting water from or injecting water into representatives. the underground, for providing cathodic "Individual domestic well" means a water protection or electrical grounding of well used to supply water for the domestic equipment, for making tests or observations of needs of an individual residence or commercial underground conditions, or for any other establishment. similar purpose. Wells shall include, but shall I "Industrial well" means a water well used to not be limited to, community water supply ,I I: supply industry on an individual basis. wells, individual domestic wells, industrial :1 "Modification" or "repair" means the wells, agricultural wells, cathodic protection deepening of a well or the reperforation, wells, electrical grounding wells, test and sealing or replacement of a well casing. exploratory holes, observation wells and salt "Observation well" means a well used for water (hydraulic) barrier wells, and other wells monitoring or sampling the condition of a whose regulation is necessary to fulfill the water-bearing aquifer, such as water pressure, purpose of this chapter. This definition shall depth, movement, or quality. not include: "Person" means and includes any person, 1. Oil and gas wells, or geothermal wells , firm, association, corporation, organization, constructed under the jurisdiction of the I , partnership, business trust, company, or special Department of Conservation of the state, except district formed under the laws of the state. those wells converted to use as water wells; "Pollution" means an alteration of the 2. Wells used for the purpose of: quality of water to a degree which a. Dewatering excavations during I unreasonably affects: construction, I 1. Such waters for beneficial uses; or b. Stabilizing hillsides or earth Ii 2. Facilities which serve such beneficial embankments; or I: uses. 3. The following artificial excavations: "Public nuisance," when applied to a well, a. Drill holes for soil testing purposes II means any well which threatens to impair the where such holes are less than twenty-five (25) " quality of ground water or otherwise jeopardize feet in depth, the health and safety of the public. b. Holes or excavations for soil percolation "Salt water (hydraulic) barrier well" means a tests, well constructed to extract or introduce water 307 !: \ 13.08.030 c. Drill holes for seismic exploration where c. . All intermittent or perennial natural or such drill holes are less than twenty-five (25) artificial water bodies or watercourses, feet in depth; and d. The drainage pattern of the property, d. Excavations for drainage percolation e. The existing wells, and ponds or spreading basins. f. The access roads; "Well-drilling contractor" means a 2. The location of the property, including contractor licensed in accordance with the the township, range and section; provisions of the Contractor's License Law, 3. The name of the person who will Chapter 9 (commencing with Section 7000) of construct the well; Division 3 of the Business and Professions 4. The estimated or proposed depth of the Code'ofthe state. (Ord. 524 ~ 2(S), 2001, prior well; code ~ 6-8.02) 5. The use of the well; and 6. Other information as may be necessary 13.08.030 Acts prohibited-Pennits to determine if underground waters will be required. protected. A. No person shaH construct, repair, modify B. Fees. or destroy any weH in the city unless such 1. Permit Application Fees. Every permit \ person possesses a valid permit issued by the application, except one made by a public , health officer as provided in this chapter. agency, shall be accompanied by a fee of B. No person shall construct, repair, modify twenty-five doHars ($25.00), none of which or destroy any weH unless such construction, shall be refundable. repair, modification or destruction is in 2. Expiration of Permit. Each permit issued conformance with the terms, conditions and pursuant to the provisions of this chapter shaH standards specified in this chapter and in the expire within six months foHowing the issuance written permit issued by the health officer. of the permit. Upon the expiration of any such , . (Prior code ~ 6-8.03) permit issued, no further work may be done in connection with the construction, repair, 13.08.040 Pennits--Applications- modification or destruction of a weH unless and I Fees--Bomls-Conditions- until a new permit for such purpose is s~cured , Tenns. in accordance with the provisions of this A. Applications for permits shall be made chapter. C. No permit shall be issued to any person' to the health officer and shall' include the foHowing: who is not a weH-drilling contractor; provided,. 1. A plot plan indicating the exact location however, a permit may be issued to an owner ofthe weH with foHowing items within a radius or occupant of property who does the work of I of two hundred (200) feet of the weH: construction, repair, modification or destruction , of a weH located on such property him or :i a. The property lines, b. The sewage disposal systems or works herself or through his or her own employees; , carrying or sewage or industrial wastes, and provided, further, a permit may be issued I to any person exempt from the provisions of the Contractors License Law, Chapter 9 -. 308 - - - - - - - - - - - - - - ----.--.- 13.08.050 (commencing with Section 7000) of Division 3 nor contaminate the city water supply and of the Business and Professions Code of the service from the city water system is' neither state. practical nor feasible. If the council approves D. Bonds. As a condition precedent to the the granting of a permit, it may be issued issuance of a permit, every applicant for a subject to such reasonable conditions as the permit shall file or have on file with the health council imposes to prevent the depletion and officer a corporate surety bond in the sum of contamination of the city water supply and two thousand five hundred dollars ($2,500.00) subject to compliance with the standards issued by a surety company licensed to do provided in Section 13.08.060 of this chapter. business in the state or, in lieu thereof, a cash In the event the council refuses to approved the deposit in the sum of two thousand five permit, the health officer may not grant it. hundred dollars ($2,500.00). F. Term-Completion of Work. The As used in this subsection "cash deposit" . permittee shall complete the work authorized shall include, without limitation, certificates of by the permit prior to the expiration date set deposit payable to the city issued by banks forth in the permit The permittee shall notify doing business in the state, investment the health officer in writing upon the certificates or share accounts assigned to the completion of the work; and such work shall city and issued by savings and loan not be deemed to have been completed until associations doing business in the state, or such written notification has been received. bearer bonds issued by the United States G. Reports. A copy. of the well-driller Government or by the state. report required by the provisions of Section Such surety bond shall be' conditioned to 13751 of the Water Code of the state shall be secure the compliance and faithful performance submitted to the health officer upon the by the permittee of the tenns, conditions and completion of the construction of each well. standards imposed by this chapter or by a (Prior code ~ 6-8.04) permit issued pursuant to the provisions of this chapter. 13.08.050 Inspection. If cash is deposited in lieu of such bond, The health officer and his or her inspectors such cash deposit shall secure the compliance may at any all reasonable times enter any and and faithful performance by the permittee of all places, property, enclosures and structures the terms, conditions, and standards imposed for the purpose of making examinations and by this chapter or by any permit issued investigations to determine whether any pursuant to the provisions of this chapter. provision of this chapter is being violated. The E. Conditions. Prior to the issuance of any health officer may require that each permit, the application and recommendations of completion, modification, repair or destruction the health officer shall be submitted to the operation be inspected prior to any further council. The council shall consider the work. (Prior code ~ 6-8.05) application within thirty (30) days after its receipt, at which time the council may approve the application if, in its discretion, the drilling and the operation of the well will not deplete 309 - 13.08.060 13.08.060 Standards. Standards for the construction; repair, modification or destruction of wells shall be as set forth in Chapter II of the California Department of Water Resources Bulletin No. 74, entitled "Water Well Standards; State of California'" and its Appendices E, F, and G and those standards pertaining to Zones II and ill, as delineated in Figure 1 of the Department of Water Resources Bulletin No. 74-7 entitled "Water Well Standards, Arroyo Grande Basin, San Luis Obispo County," and as set forth in Chapter II of the same and California Department of Water Resources Bulletin No. 74-1, entitled "Cathodic Protection Well Standards, State of California.'" (Prior code ~ 6- 8.06) I 13.08.070 Public nuisances. In the event the health officer detennines that a well constitutes a public nuisance, he or she shall abate such nuisance in accordance I with the provisions of Section 3494 of the Civil i Code of the state. (prior code ~ 6-8.07) 13.08.080 Immediate abatement. If the health officer finds that immediate action is necessary to prevent the impairment I of the ground water or a threat to the health or I safety of the public, he or she may surnmarily II abate such nuisance in any manner pennissible I I under the law. (Prior code~ 6-8.08) 1\ ,I I I I ~. 310 I[ - - - - - - - - - - - - Chapter13.12 13.12.180 South San Luis Obispo County sanitation district SEWER SERVICE SYSTEM fees. 13.12.190 Connections-Fees- Sections: Capacity. 13.12.010 Definitions. 13.12.200 Sewer connections outside 13.12.020 Purpose. the city limits. 13.12.030 Availability defined. 13.12.210 Connections--Fees-- 13.12.040 Private systems Disposition. constituting public 13.12.220 Connections-Fees-- n uisances--Connections Exceptions. req uired. 13.12.230 Charges for extraordinary 13.12.050 Availability to buildings services. served by private 13.12.240 Connections--Fees-- systems--Connections Credits. required. 13.12.250 Applications-- 13.12.060 Availability to new InstaIlations--Costs- buildings--Connections Reimbursements. required. 13.12.260 Connections--Charg~ 13.12.070 Private systems-:- Payment. Approval-Applications-- 13.12.280 Sewer extension. Granting. 13.12.290 Inspection required. 13.12.080 Private systems-- 13.12.300 Inspection notic~ Abandonment. Preparation of work- 13.12.090 Private systems--Location Defects. restricted. 13.12.310 Completion of work- 13.12.100 Swimming pool wastes. Certificates. I 13.12.110 Groups of houses on one 13.12.320 Building sewers-- lot--Connections to main Connections. sewers. 13.12.330 Buildhlg sewers-- 13.12.120 Sewer connectionS:- . Requirements. Applications. 13.12.340 Building sewer- ( 13.12.130 Private systems-- Minimum pipe size. Construction- 13.12.350 Building sewers-- Inspections. Inspections and approval. 13.12.140 Approval-Required. 13.12.360 Building sewers--Testing. 13.12.150 Approval-Process. 13.12.370 Lifting devices- 13.12.160 Approval-Exceptions. Backwater valves. 13.12.170 Permittees-- Liability ~ 13.12.380 Annexations--Capacity determinations. , 311 (Arroyo Grande. Supp. No.1. 9-02) 13.12.010 13.12.390 Annexations-Costs and tion, or other activity and containing sanitary liability. facilities. 13.12.400 Prohibited discharges. "Building sewer" means that portion of a 13.12.410 Commercial and industrial sewer beginning two feet from any building discharges. and extending to, and including its connection 13.12.420 Private systems----- to, a lateral sewer. Discharges. "City" means that portion of the state of 13.12.430 City charges. California, county of San Luis Obispo, which is 13.12.440 Sanitation district charges. incorporated as the city of Arroyo Grande. 13.12.450 Computations of rates. "City council" means the city council for the 13.12.460 Unclassified uses. city of Arroyo Grande. 13.12.470 Delinquencies--Collection. "Cleanout" means a branch filling instaUed 13.12.480 Delinquencies-----Liens. in a sewer or other pipe for the purpose of pro- 13.12.490 Enforcement-Delegation viding access for cleaning. of duty. "Director of public works" means the direc- I 13.12.500 Right of entry. tor of public works for the city, or his or her 1 I 13.12.510 Interpretation of authorized agent or representative. . \ provisions-----Authority. . "District" means the Arroyo Grande sewer assessment district No. 1. 13.12.010 Definitions. "E.N.R. Cost Index" means the Engineering For the purposes of this chapter, unless oth- News Record Construction Cost Index. erwise apparent from the context certain words "Fixture" means any sink, tub,shower, toi- and phrases used in this chapter are defmed as let, or other facility connected to be drained to ,I set forth in this section. the sewer. "Area charge" means a charge to lots within "Lateral sewer" means that portion of a the city for capacity in the coUector system. sewer lying within a public right-of-way or , "Assessment district" means special district easement which lateral connects, or is intended \ formed for the purpose of sewer line construc- to connect, a building sewer to a main sewer. tion with costs and expenses distributed among "Lot" means any piece or parcel of land benefited properties as set forth by law. bounded, defmed or shown upon a plot or deed . Available Sewer. A sewer shall become recorded in the office of the county recorder; available only after it has been accepted by the provided, however, in the event any structure is city. located upon more than one parcel cif land, aU I "Backwater valve" means a device which under the ownership and as defmed in this sec- I II purpose is to prevent flow in a sewer in a direc- tion, "lot" shaU include aU such parcels ofland. \' . tion opposite to that cif the intended drainage. "Manhole" mel1!ls a structure for the purpose \ "Benefit unit charge" means a charge to lots of providing access by a man to a buried sewer. within the city having the benefit of a public "Main sewer" means those sewers, exc1ud- sewer being located adjacent to such lots. ing lateral sewers, whose main purpose is .to "Building" means any structure used for accept waste water from laterals and convey it human habitation or a place of business, recrea- to the waste water treatment plant. . ~.. (Arroyo Grande, Supp. No. t,9"()2) 312 " 13.12.020 "Permit" means any written authorization the lot upon which such building is located. required by the city pursuant to the provisions (Prior code 9 6-6.30 I) of this chapter. Private systems constituting "pH" means the logarithm of the reciprocal 13.12.040 of the weight of hydrogen ions in grams per public nuisances- I liter of solution. Connections required. "Public sewer" means that portion of a sewer Pursuant to the authority of Section 4762 of I lying within a public right-of-way or easement the Health and Safety Code of the state, the city maintained by and subject tothe jurisdiction of finds and declares that the maintenance or use the city. of private sewage disposal systems constitutes "Sewer" means a pipe' or conduit for a public nuisance and finds it to be in the public carrying waste water. interests that properties to which a public sewer "Shall" shall be mandatory. "May" shall be is available be required to connect thereto. permissive. (Prior code 96-6.302) "Side sewer" means a sewer beginning at the plumbing or drainage outlet of any building, 13.12.050 Availability to buildings industrial facility, or preliminary treatment served by private systems-- facility and terminating at a main sewer, and Connections required. including the building sewer and lateral sewer When a public sewer becomes available to a together. (prior code 9 6-6.101-6-6.125) building served by a private sewage disposal 13.12.020 Purpose. system, such building shall be connected to the . public sewer within twenty-four (24) months The purpose of this chapter is to provide for after such public sewer is available, and such the maximum possible beneficial public use of private disposal system shall be abandoned as the district's facilities through the adequate provided in Section 13.12.080, unless an regulation of sewer construction, sewer use, . approval is granted by the council for the and waste water discharges; to provide for the continued use of such private sewage disposal equitable distribution of the district's costs by system. (prior code ~ 6-6.303) establishing charges and to establish a depository into which such funds shall be 13.12.060 Availability to new I deposited; and to provide procedures for buildings-Connections , complying with the requirements placed upon required. the district by other regulatory agencies: (Prior Any newly construction building to which a code ~ 6-6.201) public sewer is available shall be connected to 13.12.030 Availability defined. such public sewer prior to its use for human occupancy, unless approval is granted by the For the purpose of this chapter, a public council for a private sewerage disposal system. sewer shall be deemed to be available to a (Prior code ~ 6-6.304) building if such sewer is within two hundred fifty (250) feet of the nearest property line of 313 . 13.12.070 13.12.070 Private systems--Approval- E. Following inspection, the tank shall be Applications--Granting. filled and then covered to the level of the top of The approvals for private sewage disposal the ground. (Prior code S 6-6.306) systems referred to in SeCtions 13.12.050 and 13.12.090 Private systems--Location 13.12.060 may be granted upon a written restricted. application to the council by the applicant setting forth the basis for such a request. It is unlawful for any person, firm or Approval may be granted only upon an corporation to construct or replace any affirmative showing that no .health hazard, cesspool, septic tank, or similar apparatus public nuisance, or inequity to other property within a distance of two hundred fifty (250) owners will result therefrom. Approval may feet from any public sewer without the' also be granted to allow a private sewage approval of the council. (Prior code S 6-6.307) disposal system when it is shown to the Swimming pool wastes. satisfaction of the direction of public works to 13.12.100 be unfeasible to connect to the public sewer, Swimming pool waste water shall be and the lot in question is approved by the disposed of as set forth in the currently adopted county health department as to suitability for Uniform Plumbing Code. (Prior code S 6- such private sewage system. (Prior code S 6- 6.308) 6.305) 13.12.110 Groups of houses on one 13.12.080 Private systems-- lot-Connections to main Abandonment. sewers. Where septic tanks are abandoned as a result No group of four or more houses on one lot of connecting any building to the public sewer, shall be co~nected to a main sewer without first the owner of the property to which such having the plan of the sewers to such houses connection is made shall fill all abandoned approved by the director of public works. The septic tanks within ninety (90) days after the size of the proposed building sewer and lateral time of connecting to the public sewer in the serving such houses shall not be less than six following manner: inches diameter or of a size determined by the A. All sewage shall be removed from the director of public works. A manhole shall be septic tank. provided at its junction with the existing main B. Inlet and outlet pipes shall be sewer. The director of public works may permit disconnected from the tank. more than one condominium or planned unit C. All wooden materials fonning the top of development unit to connect to .a common the tank shall be removed. building sewer subject to improvement D. The tank shall be filled with sand, gravel standards adopted by the city. The director may or concrete, but such filling shall not extend require appropriate conditions to such an above the vertical sidewalls until inspected by approval to become a part of the codes, the city. covenants and restrictions for the subdivision. '- 314 I ------. - 13.12.120 In conformance with Section 13.12.160, all sewage disposal facilities in a sanitary manner maintenance of building sewers discussed in at all times at no expense to the city. (prior this section are the responsibility of the lot code S 6-6.311) owners or appropriate owner's association. Approval-Required. (prior code S 6-6.309) 13.12.140 I It is unlawful for any person, other than the 13.12.120 Sewer connections-- city, to make any connection to any public or Applications. building sewer, or to construct, perform main- An applicant for sewer service shall sign an tenance, or alter any public sewer main or application and furnish a legal description of building sewer within the city without first ob- the property to be served. It shall be the appli- taining a permit from the city for such work. cant's responsibility to deliver sewage .to the (Ord. 528 S I Exh. A (part), 2001: prior code service point selected by the city at the eleva- S 6-6.401) tion selected by the city. Service wiII be 13.12.150 Approval-Process. granted only where adequate collection lines Any person desiring to perform work involv- have been installed. Lateral sewers shall be ing sewers shall make a request in writing to installed by a contractor licensed to do sewer the city, providing specific details of the pro- work and shall be maintained by the property posed work and any other such information as owner pursuant to the provisions of Sections the city may require. The work to be performed 13.12.140 through 13.12.250 of this chapter. shall be done in accordance with city standards (prior code S 6-6.310) and codes. Approval of the proposed work will be issued in the fonn of an encroachment per- ! 13.12.130 Private systems-- mit, a building permit, approved subdivision Construction-Inspections. plans or other permit applicable to the overall Where a property is within two hundred fifty project involved. The applicant shall pay all (250) feet of the public sewer, but pursuant to . such permit and inspection fees associated with the provisions of Section 13.12.070 a private the approval. (Ord. 528 S 1 Exh. A (part), sewage disposal system is approved, the prop- 2002: prior code 9 6-6.402) erty owner shall apply for and obtain all per- mits required by the city and supply all plans, 13.12;16Q Approval-Exceptions. specifIcations, or other information deemed' Nothing contained in Sections 13.12.140 necessary by the director of public works be- through 13.12240shall be deeme.d to require. fore construction of such private sewagedis- the application for, or the issuance of, a permit posal system can begin. The construction and for the purpose of removing, stoppages or re- inspection of such system shall be in confor- pairing leaks in a building sewer, except when mance with the currently adopted Uniform it is necessary- to replace any part of such Plumbing Code and shall meet any other re- sewer. For the purpose of this chapter, building quirements of the council, the director of public sewer is defmed as all sewerage exclusive of works, and the county health department. The city main line including,'but not limited to, the owner shall operate imd maintain such private wyes, tees, saddles, laterals and plumbing. 315 (Arroyo Grande., Supp. No. 1,9-02) .... 13.12.170 - (Ord. 528 9 1 Exh. A (part), 2002: prior code tion costs or other considerations affecting the 9 6~6.403) reasonable relationship between the fees and. the cost of the publicsewer system. 13.12.170 Permittees-Liability. Every house and building requiring a sewer The person to whom a permit for construc- service shall have an independent connection to tion has been issued and the person performing the public sewer, except that more than one the work under such permit shall be liable for building located on a lot under one ownership, all damages of whatsoever nature occasioned or condominium, or planned unit development by or resulting from the performance of such may be connected to the same building sewer work, and such persons shall hold the city and in conformance with Section 13.12.110. with its employees and agents harmless from all the exception of condominium and planned unit loss, including expenses incurred in defending developments, in the event a lot with a house or any action against the city arising out of such building so connected is subdivided, an inde- constructiou work. The applicant shall be liable pendent sewer connection with appropriate for defects in the work and for any failure easements shall be provided for each differ- which may develop in the facilities because of ently oWlled premises. With the exception of defective work or materials. (Ord. 528 9 I Exh. condominium and planned unit developments, A (part), 2002: prior code 9 6-6.404) no two OWllers of adjacent lots fronting on the - same street shall be permitted to join in the use' I 13.12.180 South Sau Luis Obispo of the same building sewer. (Ord. 528 9 I Exh. I . County sanitation district A (part), 2002: prior code 9 6-6.406) fees. Each connection to the sewer system shall 13.12.200 Sewer connections outside be charged a fee as adopted by the Governing the city limits. Board of the South San Luis Obispo County Sewer connections to an area outside the city sanitation district for said sanitation district. limits shall be subject to the following condi- (Ord. 528 9 I Exh. A (part), 2002: Prior code tions: i 9 6-6.405) A. The applicant shall provide detailed cal~ culations that demonstrate that the proposed 13.12.190 Connections--Fees-- sewage flow, plus the projected sewage flow Capacity. from the areas within the city limits at buildout For each connection of a building sewer to a can be conveyed by the city sewer system. The public sewer, a connection fee is hereby estab- analysis shall be reviewed and approved by the lished. The fee shall be collected by the city director of public works. before the permit for the connection work is B. The applicant shall provide a will serve issued. The city council may, from time to letter demonstrating that the South San Luis time, by resolution, set forth the amount of the Obispo sanitation district will accept the addi- sewer connection fees. Said resolution shall tional sewage. provide for a method of adjusting the amount C. . Pay connection fees as described in Sec- of the fees to account for changes in construc- tions 13.12.140 through 13.12240, plus an ad- ~ . (Arroyo Grande. Supp. No. I, U2) 316 - - - - - - - - - - - - 13.12.210 I of the connection fee on such basis that such ditional twenty (20) percent of the city connec- tion fee for city overhead for administration of fee will be equivalent to that paid by other us- the outside sewer connection. In addition, the er~. (Ord. 528 9 I Exh. A (part), 2002: prior applicant shall be responsible for all costs asso- code 9 6-6.409) ciated with the outside sewer connection. Charges for extraordinary D. For sewer connections of a single resi- 13.12.230 dence unit, the director of public works may services. approve the outside connection. For connec- It is the intent of the city to equalize the cost tions of more than a single residence unit, the cif sewer service throughout the area of the city outside connection shall be approved by the by the application of the provisions of Sections city council. 13.12.140 through 13.12.240, and, notwith- E. Provide evidence of approval of all standing any provisions of Sections 13.12.140 necessary government bodies, including, but through 13.12.240, the city may, in any in- I not limited to, the local agency formation stance, increase the service charges to be , commission. (Ord. 528 9 I Exh. A (part), 2002: charged for any extraordinary service to prior code 9 6-6.407) achieve such objective. (Ord. 528 !i I Exh. A (part), 2002: prior code !i 6-6.410) 13.12.210 Connections--Fees-- Disposition. 13.12.240 . Connections-Fees--Credits. ! All moneys derived from sewer connection A person making a sewer connection may fees shall be deposited in a special fund known apply for credit against the fees due. Credit as the "sewer facility fund." The money in said may be allowed for connection fees, a portion fund shall be used to pay for sewer improve- thereof, or an equivalent that bas been previ- ments and future sewer capacity as necessary to ouslypaid. The director of public works shall meet the needs of the city resulting from determine that amount of credit allowed. growth and expansion. The fund shall not be No reductions in connection fees shall be used to pay for operation and maintenance. transferable to another parcel ofland. (Ord. 528 (Ord. 528 !i I Exh. A (part), 2002: prior code !i !i I Exh. B (part), 200 I: prior code !i 6-6.411) 6-6.408) . 13.12.250 Applications--Installations-- 13.12.220 Connections--Fees-- Costs-Reimbursement. Exceptions. Any person extending a public sewer to the Whenever new development replaces exist- benefit of other properties may request a reim- . ing development, the connection fees shall be bursement agreement. The city council shall as stated in Section 13.12.140 through approve or disapprove of any reimbursemen! 13.12.240, less any credits determined in ac- agreement. The reimbursement agreement shall cordance with Section 13.12.24'0. not reduce the connection fees to be paid to the For any sewer connection not included in the city. The maximum term of a reimbursement provision of Sections 13.12.140 through agreement shall be ten (10) years. (Ord. 528 !i I 13 .12.240, the city shall determine the amount Exh.B (part), 2001: prior code !i 6-6.501) . 317 (Arroyo Grande, Supp. No. 1. ~-O2) 13.12.260 13.12.260 Connections--Charges__ time of the inspection all work shall remain Payment. uncovered and convenient for the inspector's examination. If any pipes are enclosed or cov- No sewer service shall be provided until the ered in any way whatsoever so as to tend to sewer connection fees have been paid. (Ord. obstruct a thorough inspection of the drainage 528 S I Exh. B (part), 200 I: prior code system, such obstruction shall be removed be- I S 6-6.502) I fore an inspector shall be required to inspect the work. When, upon an examination by the 13.12.280 Sewer extension. inspector, the work is found to be defective, No sewer service shall be provided to any lot either in its construction or materials, such by a lateral sewer connection to a sewer exten- work shall be made to conform to the require- sion until the owner of such lot has paid the ments of this chapter, in default of which the sewer connection charges on the lot or has en- permit for such work shall be revoked by the tered into an agreement with the city to pay city, and such work shall be discontinued im- such charges in annual installments over a pe- mediately. (prior code S 6-6.602) riod not to exceed ten (10) years, with interest accrued at seven percent per year, compounded 13.12.310 Completion of work- annually on the unpaid balance. (prior code Certificates. S 6-6.503) When it appears to the satisfaction of the 13.12.290 Inspection required. city that any work authorized by the provisions of this chapter has been constructed according AIl sewer construction work, including taps to, and meets the requirements of, all the provi- into sewer mains, within the city shaH be done sions of this chapter and other applicable laws in strict compliance with the city plans and and that all the fees for the doing and inspec- specifications therefore and the current Uni- tion thereof have been paid, the city shall sign form Plumbing Code. Such work shaH be in- the certificate of inspection signifying comple- . spected by a city inspector. (Prior ,code tion for the person, firm or corporation con- S 6-6.601) structing such work. Such certificate shaH state that the work ,has been done according to the 13.12.300 Inspection notices-- permit and the code provisions of the city. The I Preparation of work- city shaH not issue a certificate of inspection Defects. unless all the requirements of this chapter have AIl work done pursuant to the provisions of been met (Prior code S 6-6.603) this chapter shall be subject to inspection by the city. Notices requesting such inspections shaH 13.12.320 Building sewers- be given in writing to the city by the person, Connections. flTDl or corporation doing such work,' or caus- Every building within the city affected by ing such work to be done, one working day; the provisions of Section 13.12.030 of this . within the normal working hours, in advance of chapter in which plumbing fDctures are installed. the time the inspection is to be done. Up to the or located shaH be separately and independ- , - (A<rayo G=de. s"!'p, No. I. 9~2) 318 13.12.330 ently connected with the public sewer, except 13.12.370 Lifting devices-Bac\.,'water that the city may approve the connection of valves. more than one building on the same lot or con- In all buildings in which there are plumbing dominium unit, or planned unit development to fixtures at an elevation too low to permit drain- the public sewer by a common building sewer. age by gravity from such fIXtures to the public (Prior code 9 6-6.70 I) sewer, the sewage from such fixtures shall be lifted by artificial means and discharged to the 13.12.330 Building sewers- main sewer at the owner's expense. In all Requirements. buildings where floor elevation is below the The requirements for building sewers as set rim elevation of the nearest upgrade manhole, forth in the currently adopted Uniform Plumb- there shall be installed in the side sewer an ap- ing Code shall apply in the city and are incor- proved type of backwater valve. Backwater porated in this chapter by reference. (prior code valves shall also be installed in side sewers 9 6-6.702) wherever and whenever the city may deem ad- visable. (Prior code 9 6-6.706) 13.12.340 Building sewer-Minimum pipe size. No building sewer shall be constructed with pipe of internal diameter less than four inches. (prior code 9 6-6.703) 13.12.350 Building sewers':"-Inspections and approval. No portion of a building sewer, or its con- nection to the public sewer, shall be covered or concealed in any manner until it has been in- spected and approved by the city. (prior code 9 6-6.704) 13.12.360 Building sewers-Testing. All piping and all joints in each building sewer shall be watertight and shall be tested by ftIling the building sewer with water, in its en- tirety or in sections, in such a manner that no part is tested with less than a three-foot head of water. (Prior code 9 6-6.705) - 319 (Arroyo Grande, Supp. No.1. 9"'()2) - _~\.-t\~\L'- \ , \ \ \ , , , ~ ------ --- 13.12.380 13.12.380 Annexations-Capacity 3. Solid orviscous substances in quantities determinations. or of such size capable of causing obstruction The sewer facilities within the city are sized to the flow in sewers or other interference with the proper operation of the waste water to accommodate the sewer requirements of all treatment collection works, such as any developed and undeveloped property within the materials retained on a screen having eight city. Before any annexation is made to the city, meshes per inch each way; it shall be first determined that sufficient 4. Any liquid or vapor having a capacity has been reserved for all undeveloped temperature higher than one hundred fifty (150) acreage within the city. (Prior code ~ 6-6.801) degrees Fahrenheit; 13.12.390 Annexations-Costs and 5. Any water or wastes which may contain more than one hundred (100) parts per million, liability. by weight, of fat, oil, grease or wax; When the council approves an annexation to 6. Any waters' or wastes containing the city, all sewer costs and sewer line suspended solids of such character and quantity extensions shall be borne by the property being that unusual attention or expense is required to annexed if such property was not included in handle such materials at the wastewater Arroyo Grande sewer assessment district No. I. treatment plant; (Prior code ~ 6-6.802) 7. Any noxious or malodorous gas or substance capable of creating a . public 13.12.400 Prohibited discharges. nuisance; and A. Waters. No person shall discharge, or 8. Any waters or wastes having a pH lower cause to be discharged, any storm water, than five and five-tenths or higher than nine or surface water, groundwater, roof runoff, having any other corrosive property capable of subsurface drainage, uncontaminated cooling causing damages or hazards to structures, water, or unpolluted industrial process waters equipment, or personnel of the sewage works. to any sanitary sewer. (prior code ~ 6-6.901,6-6.902) B. Wastes. No person shall discharge or cause to be discharged any of the following 13.12.410 Commercial and industrial described waters or wastes to any public sewer: discharges. 1. Any gasoline, benzene, naphtha, fuel oil, Commercial and industrial customers shall or other inflammable or explosive liquid, solid file with the city a notice showing the character I or gas; of sewage effluent proposed. Effluents of any 2. Any waters or wastes containing toxic or customer will be restricted to the strength and poisonous solids, liquids or gases in sufficient character of normal domestic wastes. The quantity, either singly or by interaction with waste discharged shall be subject to inspection other wastes, to injure or interfere with any and sampling by the city. The acceptance of waste water treatment process, or constitute a commercial and industrial wastes will be in hazard to humans or animals, or create any accordance with set restrictions and subsequent hazard in the receiving waters of the waste amendments thereto. No pretreatment is water treatment plant; 321 - I 13.12.420 anticipated or prescribed, but corrective 13.12.450 Computations of rates. procedures may be required for the removal of The computations of the rates shall be as oil. grease, grit, acids, sulfides, toxics or follows: industrial compounds. If the wastes do. not A. Sewer service charges computed on conform to the waste discharge laws, service average daily attendance will be based upon the may be disconnected. (Prior code S 6-6.903) records of the entity charged with or having the responsibility of keeping such records, and 13.12.420 Private systems-Discharges. such attendance figures shall be furnished to All sludge and wastes from septic tanks and the city upon a written request by the city. chemical toilets shall be disposed of at such B. Whenever required, sewer service places as designated by the county health charge rate computation information shall be department. (Prior code S 6-6.904) furnished to the city, on forms furnished bi the city, upon a written request therefor. 13.12.430 City charges. C. In the event of failure to furnish rate All customers, upon connection to a public computation information when requested and sewer line, shall be required to pay a sewer within the time allowed, the city may compute service charge for those pipelines and the rate based on such information as it finds appurtenances constructed, maintained and reasonably available, and. such computation operated by the city primarily for the collection shall be conclusive and final. (prior code S 6- of sewage and the conveyance thereof to the 6.1003) sewer plant owned and operated by the South San Luis Obispo County sanitation district. The 13.12.460 Unclassified uses. city council shall, by resolution, establish the For premises having a sewer connection but rates which will be charged for sewer service. for which a specific classification for sewer (prior code S 6-6.1001) service charges has. not been set forth, the district shall charge such rate as in its sole 13.12.440 Sanitation district charges. discretion it deems. most applicable for the type All customers, upon connection to a public of use being made of the premises in relation to I, sewer line, shall be required to pay a bimonthly the uses made of classi~ed premi~es and ~he \ I sewer service charge for having any sewer rate fixed for such clasSIfied prerruses. (Prior cOImection with the South San Luis Obispo code S 6-6.1004) County sanitation district, or otherwise i discharging sewage that ultimately passes 13.U.470 . Delinquencies-Collection. through the district's sewage system, in A sewer service bill will become delinquent accordance with the fee schedule adopted by if, on the fifteenth day of the month following the South San Luis Obispo County sanitation the month in which a sewer bill is mailed, the district. (Prior code S 6-6.1002) bill, orthat portion thereof which is not in bona fide dispute, remains unpaid. The city shall notify the property owner of such delinquent charges. If a bill has been delinquent for two I - , 322 I 1\ _____ 13.12.480 months on such property, the city shall post a the powers ofa police officer. (Prior code ~ 6- notice on the property that sewer service will 6.1101) be discontinued unless the bills for sewer charges and all delinquencies are paid. If the 13.12.500 Right of entry. occupant is not the property owner, the city The director of public works or his or her shall also send a copy of the disconnection authorized representative shall, upon exhibition notice to the property owner by mail at his or of proper credentials and identification, be her last address shown on the city's records. If pennitted to enter in and upon all buildings and all delinquent bills have not been paid. within premises within the district at reasonable hours fifteen (IS) days after the posting of such for the purposes of. inspection, observation, notice, the city may disconnect the sewer or measurement, sampling, testing or otherwise . discontinue the water service to the property. perfonning such duties as my be necessary in The costs of disconnecting the sewer and carTying out the provisions of this chapter. reconnecting it, together with all other amounts (prior code ~ 6-6.1 102) due, shall be paid by cash, cashier's check, or certified check at the time an application is 13.12.510 Interpretation of made for reconnection. It is unlawful for any " provisions-Authority. person to inhabit a disconnected property or Whenever it is deemed necessary, the produce any sewage thereon until the property council may, by resolution, further interpret the has been. reconnected. Service charges shall provisions and timns and conditions of this continue to accrue during the period of such chapter. (prior code ~ 6-6.1201) disconnection. (prior code ~ 6-6.1005) 13.12.480 Delinquencies--Liens. Charges of any kind more than sixty (60) days' delinquent, plus any penalties and interest thereon, when recorded as provided in Article 4 of Chapter 6 of Part 3 of Division 5 of the Health and Safety Code of the state, shall constitute a iien upon the real property served. Such lien shall continue until all charges are fully paid, or until the property is sold therefor, or until otherwise extinguished by operation of law. (Prior code ~ 6-6.1006) 13.12.490 Enforcement-Delegation of duty. It shall be the duty of the director of public ,I works to enforce all the provisions of this chapter. For such purpose he or she shall have 323 I, I: 13.16.010 Chapter 13.16 whatsoever which jeopardize the safety of the drinking water supply; CROSS-CONNECTIONS D. To prevent . the making of cross- connections in the future; Sections: E. To encourage the exclusive use of public 13.16.010 Purposes. sources of water supply; and 13.16.020 Definitions. F. To protect the drinking water supply 13.16.030 Consumer responsibilities. within the premises where plumbing defects or 13.16.040 Required protection. cross-connections,may endanger the drinking 13.16.050 Type of protection. water supply available on the premises. 13.16.060 Frequency of inspections It is the intent of this chapter to recognize of protective devices. that there are varying degrees of hazards and to 13.16.070 Qualification and apply the principle that the degree of protection certification of persons to should be commensurate with the degree of inspect and maintain hazard. (Prior code ~ 6-9.01) backflow prevention devices. 13.16.020 Definitions. 13.16.080 Regulation of booster For the purposes of this chapters unless pumps. 13.16.090 Protection of water otherwise apparent from the context, certain. systems within premises. words and phrases used in this chapter are 13.16.100 Water supervisor. defined as follows: 13.16.110 Violations-Penalties. "Air-gap separation" means a physical break between a supply pipe and a receiving vessel. 13.16.010 Purposes. The air-gap shall be at least double the The purposes of the provisions of this diameter of the supply pipe, measured vertically above the top rim of the vessel, but chapter are: shall in no case be less than one inch. A. To protect the public water supply "Approved check valve" means a check against actual or potential cross-connections by . valve meeting the specifications and approval isolating within the premises contamination or of a recognized, approved testing agency for pollution that may occur because of some back-flow prevention devices. undiscovered or unauthorized cross-connection "Approved .double check valve assembly" on the premises; means an assembly of at least two B. To eliminate existing connections independently acting approved check valves, between drinking water systems and other including tightly closing shut-off valves, on sources of water that are not approved as safe each side of the check valve assembly and I and potable for human consumption; suitable leak detector drains plus connections I C. To eliminate cross-connections between available for testing the water tightness of each 1 drinking water systems and other sources of 'I valve. The entire assembly shall be made in the water or process water used for any purpose factory of the manufacturer and shall meet the '---' 324 - - - - - - - - - 13.16.020 specifications and approval of a recognized, source, such as a well, spring, river, stream, approved testing agency for back-flow harbor, etc., or used water or industrial fluids. prevention devices. To be approved, ihese '.'Consumer" means the owner of a premises devices shall be readily accessible for having a service from a potable water system. maintenance testing. "Contamination" means an impairment of "Approved reduced pressure principle back- the quality of the water to a degree which flow prevention device" means a device creates an actual hazard to the public health approved by a recognized and approved testing through poisoning or through the spread of agency for back-flow prevention devices. The disease. entire assembly shall be made in the factory of "Cross-connection" or Hcross-connected" the manufacturer and shall incorporate two or means any real or potential connection between more check valves and an automatically any part of a public water system or other water differential relief valve located between the two system supplying potable water to members of cheeks, two shut-off valves, and equipped with the public and any auxiliary water supply or necessary appurtenances for testing. The device any source or system containing water or any shall operate to maintain the pressure in the substance that is not or cannot be approved as zone between. the two check valves less than safe, wholesome and potable for human the pressure on the public supply side of the consumption. device. At the cessation of normal flow, the "Department" means the health department pressure between the check valves shall be less' of the city. than the supplied pressure. In case of leakage "Health hazard" means an actual or potential of either check valve, the differential relief threat of contamination of a physical or toxic valve shall operate to maintain this reduced nature to the public potable water system to pressure by discharging to the atmosphere. such a degree of intensity that there would be a When the inlet pressure is two pounds per danger to health. square inch or less, the relief valve shall open "Industrial fluids" means any fluid or to the atmosphere, thereby providing an air-gap solution which may be chemically, in the device. To be approved, these devices biologically, or otherwise contaminated or shall be readily accessible for maintenance and polluted in a form or' concentration such as testing and shall be installed in a location would constitute a health, system, pOllutionai , where no part of the valve will be submerged. or plumbing hazard if introduced into the water , "Approved water supply" means any water supply. This may include, but not be limited to, 'supply approved by, or under the supervision polluted or contaminated used waters; all types , of, a public health agency of the state or the of processed waters and used waters originating city. from the public potable water system which "Auxiliary water supply" means any water may deteriorate in sanitary quality; chemicals supply on or available to the premises other in fluid form; acids and alkalids; circulating than the approved public potable water supply. cooling waters connected to an open cooling These auxiliary waters may include, but not be ~ower andlor cooling waters that are chemically limited to, water from another purveyor's or biologically treated or stabilized with toxic public potable water supply or any natural substances; contaminated natural waters, such 325 , I I 13.16.030 , as from wells, springs, streams, ri vers, bays, "System hazard" means an actual or harbors, seas, irrigation canals or systems, etc.; potential threat of severe damage to the oil; gases; glycerine; paraffines; caustic and physical properties of the public potable water acid solutions; and other liquid and gaseous. system. fluids used in industrial or other processes or "Water supervisor" means the consumer or a for fire-fighting purposes. person on the premises appointed by the "Plumbing hazard" means a plumbing type consumer who is charged by the consumer with cross-connection in a consumer',s potable water the responsibility to the consumer of system that has not been properly protected by maintaining the consumer's water system from a vacuum breaker, air-gap separation, or other cross-connections and other sanitary defects, as device. "Plumbing hazard" includes, but is not required by regulations and laws. A certified limited to, cross-connections to toilets, sinks, back-flow prevention device tester may not act lavatories, wash trays, domestic washing as a water supervisor unless he or she is a full- machines, and lawn sprinkling systems. time employee of the consumer and has the "Pollution hazard" means an actual or day-to-day responsibility for the installation potential threat to the physical properties of the and use of pipelines and equipment on the public water system or the potability of the premises and for the avoidance of cross- public water supply, but which would not connections. (prior code ~ 6-9.02) , constitute a health or system hazard, as defined in this section. 13.16.030 Consumer responsibilities. "Pollution" means an impairme'ni of the Consumers shall be responsible for the quality of the water to a degree which does not installation and use of pipelines and equipment create an actual hazard to the public health but for the avoidance of cross-connections, which does adversely affect such waters for compliance with the provisions of this chapter, domestic use. and for reporting to the department any "Purveyor" means any person, corporation, changes in water usage. In the evenl' of any public utility, municipality, district, or other cross-connection existing or occurring on or agency or institution furnishing or supplying within the premises, the department shall be water for domestic purposes. immediately notified by the consumer so that I "Service connection" means the terminal end \ appropriate corrective measures may be taken. of a service connection from the public potable (Prior code ~ 6-9.03) " water system, i.e., where the water purveyor loses jurisdiction and sanitary control over the 13.16.040 Required protection. water at its point of delivery to the consumer's A. Each service connection from the public water system. If a meter is installed, then the I service connection shall mean the downstream ' water system for supplying water to premises end of the , meter. There should be no having an auxiliary water supply, shall be unprotected take-offs from, the service line protected against the back-flow of water from ahead of any meter or back-flow prevention, the premises into the public water system. device located at the point of delivery to the B. Each service connection from the public consumer's water system. water system for supplying water to premises I I 326 13.16.050 on which any substance is or may be handled in there is no meter, the protective device shall be such a fashion as to permit entry into the water located on the, service connection pipeline at a system shall be protected against the back-flow point on the consumer's property nearest the of the substance fr?m the premises into the public water supply pipeline. public system. This shall include the handling C. In all other cases of cross-connection, of processed waters and waters originating there shall be required a double ,check val ve from the public water supply system which assembly. have been subject to deterioration in sanitary D. Notwithstanding any other provisions of quality. this section, at the service connection to any C. Back-flow prevention devices shall be sewage treatment plant, sewage pumping installed on the service connection to any station, or stormwater pumping station, the premises that have cross-connections. It shall public water supply shall be protected by an be the responsibility of the consumer to air-gap separation. The air-gap shall be located provide, test and maintain protective devices as as close as practicable to the meter, and all required. (Prior code ~ 6-9.04) piping between the meter and receiving tank shall be entirely visible. If these conditions 13.16.050 Type of protection. cannot be reasonably met, the public water The protective device required shall depend supply shall be protected with an approved on the degree of hazard. In detennining the reduced pressure principle back-flow degree of hazard and the type of back-flow prevention device providing this alternative is prevention to be required, the folloWing criteria , acceptable to the department. The final shall be used: decision in this matter shall rest with the A. An air-gap separation shall be used Department of Public Health of the state. where there is a health hazard. The air-gap E. Notwithstanding any other provisions of shall be located as close as practicable to the this section, on any premises where the meter, and all piping between the meter and the department detennines that a special hazard receiving tank shall be entirely visible, If these exists, the public water supply shall be conditions cannot reasonably be met, the public protected by such approved back-flow water supply shall be protected with an prevention devices as designated by the I approved reduced pressure principle back-flow department. (Prior code ~ 6-9.05) prevention device providing the alternative is acceptable to the department. 13.16.060 Frequency of inspections of B. An air-gap separation or a reduced protective devices. pressure principle back-flow prevention device It shall be the duty of the consumer on any shall be used where there is a system hazard or premises on which back-flow protective a plumbing hazard or any combination of the devices are installed to have competent above. If an air-gap separation is used, the air- inspections made at least once a year or more gap shall be located as close as practicable to often in those instances where successive the meter, and all piping between the meter and inspections indicate defective operation. These receiving tank shall be entirely visible. Where devices shall be repaired, overhauled or 327 13.16.070 replaced at the expense of the water user B. Every person desiring to qualify to whenever they are found to be defective. inspect or maintain back-flow prevention Records of such tests, repairs and overhaul devices shall make an application to the shall be kept and submitted to the department. department. At the time of making the (prior code ~ 6-9.06) application, every person shall pay a fee of ten dollars (SIO.OO) which fee shall not be 13.16.070 Qualification and refundable. The fee shall cover the expenses of certification of persons to the department in processing the applications, inspect and maintain back- certificates of competence, and any documents flow prevention devices. of identification required by the department. A. No person shall be qualified to inspect C. Every person holding, a certificate of and maintain back-flow prevention devices competence issued by the department pursuant unless his or her qualifications, have been to the provisions of this chapter shall be established to the satisfaction of the department required to renew the certificate every three as set forth in this section. To determine the years. The requirements for re-examination qualifications of any person to inspect and may be waived at the discretion of the maintain back-flow prevention devices, the department. I department shall have the authority to conduct D. Every person receiving a certificate of ~xaminations as necessary. Upon the successful competence pursuant to the provisions of this completion of such examination. and such chapter shall be responsible for the competency training as the department shall prescribe, the and accuracy of all inspections and the person so examined shall receive from the maintenance performed by him or her on any department a certificate of competence. Any back-flow prevention device. I limitations or conditions imposed by the E. Any person issued a certificate of \ department on the examinee in the inspection competency who violates or fails to comply and maintenance of back-flow prevention with any of the provisions of this chapter or I devices shall be stated upon the face of the who willingly falsifies inspection or I , certificate of competence issued the maintenance reports submitted to the \ to examinee. The department stall make available department shall have the certificate of I to consumers a list of persons qualified to competence immediately revoked and shall not , inspect and maintain back-flow prevention be considered for recertification for a period of devices. Every person, after receiving a two years. (Prior code ~ 6-9.07) I certificate of competence from the department, shall be issued such identification as the 13.16.080 ' Regulation of booster pumps. i department shall deem appropriate, and such When it becomes necessary, because of low I identification shall be kept in the immediate pressure or special operating conditions, to I possession of every person holding a certificate install a booster pump on the service of any " i of competence while such person is inspecting premises, such pump shall be equipped with a or maintaining any back-flow prevention low pressure cut-off switch designed to shut off device in the city. the pump when the pressure on the inlet .side is - 328 . 1\ " - - - - - - - - - - 13.16.090 twenty-five (25) P.S.I.G. or lower. It shall be to prevent reliable action of the back-flow the duty of the consumer to maintain the cut-off prevention device, an air-gap separation shall device in proper working order and to certify to be provided. These devices shall be repaired, the department at least once a year that the overhauled or replaced whenever they are device is operable. (Prior code ~ 6-9.08) found to be defective. Records of tests, repairs and replacement shall be kept and submitted to 13.16.090 Protection of water systems the department. within premises. D. Sewage pumps and stormwater pumps A. Whenever the department determines shall not have priming connections directly off that drinking water systems on a premises any drinking water system unless the drinking cannot be protected against the entry of water water system is protected by an air-gap, and no from any piping system, equipment, or other connection shall exist between the drinking source not safe or potable for human use, an water system and any other piping, equipment entirely separate drinking water system shall be or tank in any sewage treatment plant, sewage installed to supply water at convenient points. pumping station, or stormwater pu.mping I B. Water systems for fighting fires, derived station. I! from a supply that cannot be approved as safe E. Back-flow protection by an approved. or potable for human use, shall. wherever back-flow protection device operating under practicable, be kept wholly separate from the reduced pressure principle shall be provided drinking water pipelines and equipment. In on each drinking water outlet used for cases where the domestic water system is used supplying ships or other vessels at piers or for both drinking and fire fighting purposes, waterfronts. These devices shall be located approved back-f)ow prevention devices shall be where they will prevent the return of water , installed to protect such individual drinking from any ship or vessel into another adjacent I water lines as are not used for fire fighting ship or vessel or into the public water system. purposes. The users of such drinking water F. Where the premises contain dual or systems shall be further protected as prescribed multiple water systems and piping, the exposed by the health departments of the state and portions of pipelines shall be painted, banded county. or marked at sufficient intervals to distinguish C. Potable water pipelines connected to clearly which water is safe for drinking equipment for industrial ' processes or purposes and which is not safe. All outlets from " operations shall be disconnected therefrom if other than approved water supply systems shall , practicable. Where disconnection is not be posted as being unsafe for drinking practicable, an approved back-flow prevention purposes. All outlets intended for drinking device, the type or kind depending on the purposes shall be plainly marked to indicate degree of hazard, shall be located in the that fact. (Prior code ~ 6-9.09) ,I feedline to the process piping or equipment beyond the last point from which drinking water may be taken. In the event the particular processed liquid is especially corrosive or is apt 329 ------ I 13J6.IOO 13.16.100 Water supervisor. At each premises where it is necessary in the opinion of the department, a water supervisor shall be designated. (Prior code ~ 6-9.10) 13.16.110 Violations~Penalties. The water purveyor shall have the authority to immediately discontinue service to any premises where cross-connections or other hazards to the water system are found to exist and shall not again render service to the premises until such conditions are eliminated in accordance with the provisions of this chapter. Any consumer who willfully violates any of the provisions of this chapter or alters, bypasses or renders inoperative any back-flow prevention device installed pursuant to the provisions of this chapter shall, in addition to immediate discontinuance of water service, be subject to the penalties prescribed in Chapter 1.16 of this code. Service shall not again be rendered until such violation of noncompliance has been corrected. (Prior code ~ 6-9.11) I Ij I' I 1\ \ ,~ 330 - - - - - - - - - - - - 13.20.010 Chapter 13.20 pro~ided in this section, three copies thereof shall be filed for use and examination by the CONSTRUCTION REGULATIONS AND public in the office of the city clerk, and the STANDARDS same shall. at all times, be kept in the office for such use and examination. (Prior code ~ 7- Sections: 2.01) 13.20.010 Adoption of rules and regulations. 13.20.020 Adoption of standards for the 13.20.020 Adoption of standards for construction of water the construction of water distribution systems. distribution systems. That certain document entitled "Rules, 13.20.030 Conformance to rules and Regulations, and Specifications with Respect to regulations-Issuance of Standards for the Construction of Water Dis- permit. tribution Systems for Residential Development 13.20.040 Notice to stop work. 13.20.050 Violations of provisions. in the City of Arroyo Grande," three copies of which are on file in the office of the city clerk, 13.20.010 Adoption of rules and is adopted as the standard improvement specifi- regulations. cations for the construction of 'water ,I distribution systems for residential i A. Authority. The council is authorized, development in the city. (Prior code ~ 7-2.05) , from time to time, to adopt rules, regulations, and specifications with respect to standards for 13.20.030 Conformance to rules and the construction of streets and roads, the regulations-Issuance of I construction of curbs, gutters and sidewalks, pennit. the construction of water and sewer mains and The building official sha1l not issue any ! lines, the installation of street signs, the installation and construction of drainage building permit for construction or the structures, and the installation of monuments performance of any act where the act or the for streets and subdivisions. building proposed fails to conform in a1l B. Designation. Any such rules, regulations ' respects to any portion of any rules, regulations and specifications adopted concerning the and specifications' adopted pursuant to the provisions set forth in subsection A of this provisions of this chapter and which may be in section shall, upon their adoption, be in effect effect at the time the performance of such act and applicable to and shall govern all the or the building of such building or structure is provisions covered thereby. Any such rules, to occur, and any permit issued in violation of regulations and specifications shall be the provisions of this section sha1l be invalid. designated as uRules, Regulation, and (Prior code ~ 7-2.02) Specifications with Respect to Standards for 13.20.040 Notice to stop work. " , C. Filing. Upon the adoption of any such Whenever any building or work is' being rules, regulations, and specifications as done in violation of the provisions of this 331 I 13.20.050 chapter or any of the rules, regulations and specifications adopted pursuant to this chapter. the building official may order the building or, work stopped by notice in writing served on any person engaged in the doing or causing of such work or, act to be done, and any such person shall forthwith stop such work or act until authorized by the building official to proceed therewith. (Prior code ~ 7-2.03) 13.20.050 Violations of provisions. In the event any person shall perform any act or build any building or structure affected or covered by any of the rules, regulations and specifications adopted pursuant to the provisions of this chapter, which act or building ! or structure violates or is contrary to any por- I tion of such rules, regulations and specifications in effect at the time, the performance of such act or the building of such building or structure shall be deemed to be in violation of the provisions of this chapter. Any person violating any of the provisions of this chapter, or any of the rules, regulations and specifications adopted pursuant to the II provisions of this chapter, shall be guilty of a misdemeanor. (Prior code ~ 7-2.04) . - - ~ 332 - - - - - - - - - 13.24.010 Chapter 13.24 grading, erosion and sediment; requires control of all existing and potential conditions of ac- EXCAVATION, GRADING, EROSION celerated" erosion; establishes administrative AND SEDIMENT CONTROL procedures for issuance of permits; and pro- vides for approval of plans and inspections dur- Sections: ing construction and maintenance. All activities 13.24.010 Purpose. subject to subdivision map requirements andlor 13.24.020 Scope. building permits shall meet these standards. 13.24.030 Permits required. (Ord. 5379 I (part), 2003: prior code S 7-1.02) I 13.24.040 Hazards, I 13.24.050 Definitions. 13.24.030 Permits required. 13.24.060 Permit application, plans, No person shall do any land disturbance specifications and reports work without first obtaining a permit from the required. building official except as follows: 13.24.070 Fees. A. Isolated area: grading in an isolated, 1 13.24:080 'Bonds and securities. self-contained area if there is no danger to pri- I 13.24.090 Design standards for cuts vate or public property; I' and excavations. B. Emergency work: work necessary to 'I 13.24.100 Fills. preserve life or property; provided, however, 13.24.110 Design standards for cut that when emergency work is performed under and fill setbacks. this section, the person performing it shall re- 13.24.120 Design standards for port the pertinent facts relating to the work to drainage and terraces. the building official within fifteen (15) days 13.24.130 Design standards for after commencement of the work and shall erosion and sediment thereafter obtain a permit pursuant to Section control. 13.24.060 and perform such work as may be 13.24.140 Inspections and determined by the building official to be rea- compliance. sonably necessary to correct any erosion or ' I conditions with a potential to cause erosion as a 13.24.010 Purpose. result of the emergency work; The purpose of this chapter is to safeguard C. Excavation: an excavation which does life, limb and property, water quality, safety not exceed one hundred (100) cubic yards and and the public welfare by regulating and con- is less than two feet in depth, does not create a trolling grading, clearing and erosion on private cut slope higher than five feet and steeper than property. (Ord. 537 S 1 (part), 2003: prior code two to one (2:1) (see Figure 2 in Section I s 7-1.01) 13.24.110); D. Fill: a fill containing only permitted ma- 13.24.020 Scope. terials less than one-foot deep, placed on natu- This chapter sets forth rules, regulations and ral terrain slope flatter than five to one (5:1), minimum standards to control excavation, does nor exceed fifty (50) cubic yards on any 33} (Arroyo Grande Supp. No.2. 6-03) 13.24.040 one site, including stockpiles, does not alter or stresses or pressure upon any adjacent or con- obstruct a drainage course, will not be used for tiguous property. (Ord. 537 9 1 (part), 2003: structural support or roadways and the area prior code 97-1.03) graded or filled does not exceed eleven thou- Hazards. sand (11,000) square feet (one-quarter acre). 13.24.040 This exemption shall not apply to a fill within a A. General. No person shall cause or allow riparian zone; the persistence of a condition on any site that E. Basements and footings: an excavation could cause accelerated erosion. Accelerated below finished grade for basements and foot- erosion shall be controlled and/or prevented by ings of a building, retaining wall or other struc- the responsible person or the property owner by ture authorized by a valid building permit. This using practices outlined hereinafter as applica- shall not exempt any fill except as provided ble. Additional measures may be necessary, under subsection D of this section, made with and may be specifically required by the build- the material from such excavation or exempt ing official when work is on geological unsta- any excavation having an unsupported height ble areas, thirty (30) percent or steeper slopes, I greater than 'five feet after the completion of and/or on soils with a severe erosion hazard I such structures; rating by a USDA Soil Survey. Soil sterilants -' , F. Cemeteries: cemetery graves; that last longer than four weeks shall not be G. Refuse disposal: refuse, individual used on soils or slopes which may subsequently and/or community sewage disposal~ites con- need vegetation for erosion,and sediment con- trolled pursuant to other regulations; trol. H. Walls and utilities: excavations for Where feasible, erosion hazard problems wells, tunnels or utilities; shall be controlled no later than the beginning I I. Exploratory investigations: excavations of the next winter or adverse season. under the direction of a soils engineer or engi- B. Hazardous Conditions. Whenever the neering geologist where such excavation is to building official determines .that any existing be returned to the original condition within excavation or embankment or cut or fill on pri- forty-five (45) days after the start of work; vate property has become a hazard to life and J. Clearing an area of eleven thousand limb, or endangers property, or adversely af- (I 1,000) square feet (one-quarter acre) or less fects the safety, use or stability ofa public way, on five percent slopes or less; drainage channel or causes significant impact K. Agricultural: normal routine, fanning, on the' natural resources of the area, the owner activities necessary to manage land, crops of the property upon which the excavation, cut \ and/or animals for food production; or fill is located, or other person or agent in L. Mining, quarrying, excavating, process- control of the property, upon receipt of notice ing, stockpiling of rock, sand, gravel, aggregate iil writing from the building official shall, or clay where established and provided for by within the period specified therein, repair or law, provided such operations are conditioned eliminate such hazard and conform with the by other permits to preclude discharge' of sedi- requirements ofthis chapter. ments off site and provided such operations do not affect the lateral support or increase the I 334 I (Arr~)'Q Grande Supp. No.2, 6-03) ..-..- - - - - - - 13.24.050 No permits of any kind shall be issued if the "Best Management Practices (BMPs)" are building official determines that proposed con- practices, means, methods, measures, devices, struction work is hazardous to the extent de- structures, vegetative plantings and/or acombi- scribed above, or the work is subject to a major nation thereof designed to safely control ero- flood hazard dangerous to life or property, and sion and sediment so that construction wastes which hazard cannot be eliminated, prevented, or contaminants from construction materials , or corrected. (Ord. 537 S I (part), 2003: prior tools and equipment are prevented from enter- code S 7-1.04) ing the storm drain system. "Building official" means the officer or 13.24.050 Definitions. other designated authority charged with the I When used in this chapter, the definitions administration and enforcement of this code, or I listed hereunder shall have the meanings as a duly authorized representative. For purposes specified in this section: of this section, the building official shall be the "Accelerated erosion" means rapid erosion director of public works. caused ~y humlln-induced alteration of the "Borrow" means earth material acquired vegetation, land surface topography or runoff from an off-site or other on-site location for use patterns. Evidence of accelerated erosion is in grading on a site. indicated by exposed soils, active gullies, tills, "Clearing" means the removal or vegetation sediment deposits, or slope failures caused by and debris down to bare soil by any method. human activities, including grazi.ng promoted ','Civil engineer" means a professionalengi- by human activities. neer registered in the state to practice in the "Access and building envelope" means a field of civil works. delineated area within which all land distur- "Civil engineering" means the application of bances for construction of access and/or build- the knowledge of the forces of nature, princi- ing will be confined. pies of mechanics and the properties of materi- "Applicant" means any person, corporation, als to the evaluation, design and construction of - partnership, association of any type, public ,civil works. agency or any other legal entity who submits an "Compaction" means the densification of application to the building official for a permit earth and solids or a fill by mechanical means. pursuant to this chapter. "Development permit" means a permit is- "Approval" means a written engineering or sued for new land use activities, building, grad- geological opinion concerning the progress and ing, land clearing, subdivision; planned unit completion of the work. development, and/or other project approval "As-grade" is the surface conditions extent process administered by the city. on completion of grading. "Drainage course" mean a well defined, "Bedrock" means in-place, solid rock. natural or man-made channel which conveys "Bench" means a relatively level step exca- storm water runoff either year-round or inter- vated into earth material on which fill is to be mittently. placed. "Earth material" means any rock, natural soil or fill and/or any combination thereof. 335 (Arroyo Grand, supp, No.2. 6-03) ,- 13.24.050 "Engineering geologist" means a geologist I. "Existing grade" means the grade prior experienced and knowledgeable in engineering to grading. geology and registered with the state to practice 2. "Rough grade" means an approximate engineering geology. elevation of the ground surface conforming to "Engineering geology" means the applica- the approved plan. tion of geologic knowledge and principles in 3. "Finished grade" means the final grade the investigation and evaluation of naturally' or surface conditions of the site which con- occurring rock and soil for use in the design of forms to the approved plan. civil works. "Grading" means any excavation, filling, "Erosion" means the wearing away of the leveling, or combination thereof (excludes ground surface by the actions of water, wind, stripping and/or clearing). ice, gravity, or a combination thereof. "Key" means a designed, compacted fill "Erosion control specialist" means a person placed in a trench excavated in earth material who is registered in the state or by a profes- beneath the toe of a proposed fill slope. sional society and is capable of preparing ero- "Land disturbance" means clearing, strip- sion and sediment control plans. In the event it ping, grading or other manipulation of the natu- is the opinion of the building official such plan ral terrain by manual and/or mechanical means. requires design of civil works, the specialist "NPDES" means National Pollution Dis- must be licensed as a civil engineer in the state. charge Elimination System, the national pro- "Erosion hazards" means the susceptibility gram for controlling discharges under the Fed- of a site to erode based on soils, condition and eral Clean Water Act. steepness of a slope, rock type, vegetation, and "One hundred (IOO) year storm" means a other site factors. storm with such intensity and duration that its "Erosion, sediment and runoff control plan- magnitude would only be exceeded on the av- ning" means the application of the knowledge erage once eveI)' one hundred (I 00) years. of erosion and sediment control principles and "Owner" means the person or persons shown practices in the investigation and evaluation for in the county recorder's office as owner of use in the design of civil works. property. "Erosion sediment and runoff control prac- "Permittee" means the owner, contractor, or tices" means methods, measures, devices, any person undertaking land disturbance activi- structures, vegetative plantings and/or acombi- ties upon a site pursuant to a permit granted by nation thereof designed to control erosion and the building official authorizing performance of sediment; to sarely contain and/or dispose of a specified activity. storm water runoff; and to stabilize soils and "Runoff" means the passage of surface water slopes. ' over ground surface. "Excavation" means the mechanical removal "Sediment" means eroded earth material that of earth materials. is carried and/or deposited by water, wind, "Fill" means the deposit of permitted mate- gravity or ice and is a major source of water ! rials by artificial means. pollution. "Grade" means the vertical location of the "Site" means a lot or parcel of land or con- ground surface. tiguous combination thereof, where land dis- _.." \ (ArroyO Grande Supp. No.2. 6--03) 336 13.24.060 turbance including erosion control, clearing, "Topsoil" means loose, pliable, organic and grading, or construction are performed, permit- fertile earth materials on top of a soil profile, ted, or proposed. usually the "A" horizons. I' "Slope" ineans an inclined ground surface, "Unstable soil" means soil which in the the inclination of which is expressed as a ratio ,opinion of the building official, or the civil en, of horizontal distance to vertical distance. gineer, o~ the soils engineer or the geologist, is "Soil" means naturally occurring superficial not competent to support other soil or fill, to deposits overlying bedrock. support structures, or to satisfactorily perform "Soil engineer" means a civil engineer ex- the other functioning for which the soil is in- I perienced and knowledgeable in the practice of tended. (Ord. 537 ~ I (part), 2003: prior code soil engineering. 97-1.05) "Soil engineering" means the application of the principles of soil mechanics in the investi- 13.24.060 fermit application, plans, gation, evaluation and design of civil works specifications and reports involving the use of earth materials and the required. inspection and 'testing of the construction Except as exempted in Section 13.24.030 of thereof. this chapter, no person shall do, cause, permit, "Stabilization" means the prevention of ere- aid, abet, suffer or furnish equipment or labor sion to exposed soil. for any clearing, grading, erosion or sediment "Start of construction" means the first land, control work until a permit has been obtained disturbing activity associated with a construc- from the building official by the owner(s) of tion project. the property or his or her agent. To obtain a "Storm Water Pollution Prevention Plan" is pennit, the applicant shall first file an applica- a plan that provides for erosion control using tion therefore in writing on a form furnished by the specific best management practices to con- the code enforcement agency for that purpose. trol sediment and erosion on a construction site A. Application. The application for a per- during and after construction. mit must include all of the following items: "Stream" means any water course as desig- 1. Application form; nated by a solid line or dash and three dots 2. Two sets of the site map and grading symbol shown on the largest scale of United plans; States Geological Survey map most recently 3. Two sets of the erosion and sediment published. control plan, where required; "IO-year storm" means a storm with such 4. Two sets of the soil engineering report, intensity and duration that its magnitude would where required; only be exceeded.on the average once every ten 5. Two sets of the engineering geology years. report, where required; "Terrace" means a relatively level step con- 6. Two sets of the work schedule; structed in the face of a graded slope surface 7. Two sets of a vicinity map showing the for drainage and maintenance purposes. location of the site in relationship to the sur- rounding area's water courses, water bodies 337 (Arroyo Grande ,Supp: ~o. 2~ 6-03) , , 13.24.060 and other significant geographic features, and 3. A permit shall authorize only that work roads and other significant structures; which is described or illustrated on the ap- 8. Application fees as stipulated in the cur- proved site plans and specifications. rent issue of the Uniform Building Code; D. Site Map and Grading Plan. Two sets of 9., Performance bond or other acceptable the site map and grading plan shall be required security, when required. and shall contain all of the following informa- 10. Two sets of any supplementary material tion: required by the building official. 1. Existing and proposed topography ofthe B. Application Form. The following infor- site taken at a contour interval insufficiently mation is required on the application form: detailed to define the topography over the en- 1. Name, address and telephone number of tire site; the applicant with date of application; 2. Two contour intervals that extend a 2. Names, addresses and telephone num- minimum of one hundred (100) feet off-site, or bers of any and all contractors, subcontractors sufficient to show on- and off-site drainage; or persons actually doing the land disturbing 3. Site's property lines shown in true loca- and land filling activities and their respective tion with respect to the plan's topographic in- tasks; formation; 3. N ame( s), address( s) and telephone num- 4. Location and graphic representation of ber(s) of the person(s) responsible for the all existing and proposed natural and man- preparation of the site map and grading plan, made drainage facilities; erosion and sediment-control plan, soil engi- 5. Detailed plans of all surface and sub- ! neering and engineering geology reports; surface drainage devices, walls, cribbing, dams 4. Signature(s) of the owner(s) of the site and other protective devices to be constructed or of an authorized representative. with or as a part ofthe proposed work, together C. Permit Issuance. The building official with a map showing the drainage area and cal- may require that operations and project designs culations justifying the estimated runoff of the be modified if delays occur which incur area served by any drain; weather generated problems not considered at 6. Location and graphic representation of the time the permit was issued. proposed excavations and fills, of on-site stor- 1. A separate permit shall be required for age of soil and other earth material, and of on- each site and cover both excavations and fills, site disposal; clearing, grading and erosion control work. 7. Location of existing vegetation types 2. ' Approval of a permit shall require the and the location and type of vegetation to be abatement of any existing human induced or left undisturbed; accelerated erosion problems on the property. 8. Location of proposed final surface run- The building official may seek abatement rec- off, erosion and sediment control practices; ommendation from local conservation districts, 9. Estimated quantity of soil or earth mate- agencies, organizations and/or associations rial in cubic yards to be excavated, filled, when available. ' stored or otherwise utilized on-site; (Arroyo Grande Supp. No.2, 6-03) 338 I: 13.24.060 10. Outline of the methods to be used in When the building official has cause to be- clearing vegetation, and in storing and dispos- lieve that geologic hazards may be involved, ing of the cleared vegetative matter; the regular grading operation shall be required II. Proposed sequence and schedule of ex- to conform to engineered grading requirements! cavations filling and other land disturbing and F. Preliminary Reports. When required by filling activities, and soil or earth material stor- the building official, each application for a age and disposal; permit shall be accompanied by two sets of 12. Location of any buildings or structures, supporting data consisting of a soil engineering including wells and sewage disposal facilities report, engineering geology report, erosion and on the property where the work is to be per- sediment control report, and/or any other re- formed, and the location of any buildings or ports necessary. During grading, all necessary structures on land of adjacent owners which are reports, compaction data, soil engineering, en- within four hundred (400) feet of the property gineering geology and erosion and sediment or which may be affected by the proposed grad- control recommendations, in accordance with ing operations; best management practices, shall be submitted 13. North arrow, written and graphic scales. to the civil engineer and the building official by Specifications shall contain information cover- the soil engineer, the engineering geologist, and ing construction and material requirements. the erosion control specialist. E. Grading Requirements. All grading in 1. The civil engineering report when re- excess of five thousand (5,000) cubic yards quired, shall include, but not be limited to: shall be performed in accordance- with the ap- a. Hydrological calculations of runoff for proved grading plan prepared by a civil engi- ten (10) year and ,one hundred (100) year storm neer, and shall be designated as "engineered frequencies and comparison of runoff without grading." Grading involving less than five and with project; thousand (5,000) cubic yards shall be desig- b. Inspection and approval as to establish- nated "regular grading" unless the permittee, ment of lines and grades, design criteria for with the approval of the building official, corrective measures, including the existing chooses to have the grading performed as "en- and/or required safe storm drainage capacity gin,eered grading." outlet of channels both on and off-site; and 1. Engineering Grading. A civil engineer c. Opinions and recommendations cover- authorized by state law shall prepare and sign ing adequacy of site to be developed ~y the the reports, plans and specifications required in proposed grading. subsections D and F of this section. 2. The soil engineering report, when re- 2. Regular Grading. The building official quired, shall contain, but need not be limited to, may require inspection and testing by an ap- all the following information: proved testing agency. The testing agency's a. Data regarding the nature, distribution, responsibility shall include, but need not be strength and erodibility of existing soils; limited to, approval concerning the inspection b. Data regarding the nature, distribution, of cleared areas and benches to receive fill, and strength and erodibility of soil to be placed on the compaction of fills. the site, if any; 339 (Arroyo Grande Supp. No. 2, 6-0~) 13 .24.060 c. Conclusions and recommendations for ing mulches, and a schedule for their mainte- grading procedures; nance and upkeep; d. Conclusions and recommended designs c. A delineation and brief description of for interim soil stabilization devices and meas- the vegetative practices to be used, including ures and for permanent soil stabilization after types of seeds and fertilizer and their applica- construction is completed; tion rates, the type, location and extent of pre- e. Design criteria for corrective measures existing and undisturbed vegetation types, and when necessary; a schedule for maintenance and upkeep; f. Opinions and recommendations cover- d. The location of all the practices listed ing adequacy of sites to be developed by the above shall be depicted on the grading plan, or , proposed grading. on a separate plan at the discretion of the build- 3. The engineering geology report when ing official; required, shall contain, but need not be limited e., An estimate ofthe cost ofimplementing to, the following information: and maintaining all erosion and sediment con- a. An adequate description of the geology trol practices. of the site; . 5. Work Schedule. The applicant must b. 'Conclusions and recommendations re- submit a master work schedule showing the garding the effect of geologic conditions on the following information: proposed development; a, Proposed grading schedule; c.' Opinions and recommendations cover- b. Proposed schedule for installation of all ing the-adequacy of sites to be developed by best management practices for interim and the proposed grading; permanent erosion and sediment control; d. Need for subdrains or other underground c. Schedule for construction of final im- drainage'devices. provements, if any. 4. A stormwater pollution prevention plan G. Engineered Grading. It shall be the re- (SWPP) plan, when required, shall incorporate sponsibility of the civil engineer who prepares' the best management guidelines or require- the approved grading plan to incorporate all ments for stormwater management that have recommendations from the soil engineering and been defined or adopted by any federal, state, engineering geology, and erosion and sediment regional, county and/or city agency. The plan control reports into the grading plan after ap- shall contain, but need not be limited to, the proval by the building official. following information: H. Notification Noncompliance. If, in the a. A delineation and brief description of course of fulfilling their responsibility under the practices to retain sediment on the site, in- this chapter, the civil engineer, the soil engi- cluding sediment basins and traps, and a sched- neer, the engineering geologist, the erosion ule fortheir maintenance and upkeep; control specialist, or the testing agency find b. A delineation and brief description of that the work is not being done in conformance I the best management practices for surface run- with this chapter or the approved grading plans, off and erosion control practices to be imple- the discrepancies shall be reported immediately mented, including types and methods of apply- in writing to the building official. Recommen- '. ' - (Arroyo Grande .Supp. No.2. 6-03) 340 13.24.060 dations for corrective measures, if necessary, site for the intended use as affected by geologic shall be submitted. factors; ! I. Transfer of Responsibility for Approval. 4. A storm water prevention pollution re- If the civil engineer, the soils engineer, the en- port includes a description of the erosion, gineering geologist, the erosion control special- sediment and runoff control practices applied ist, or the testing agency of record is changed on the site, including any new information dis- during the course ofthe work, the work shall be closed during site development and the effect stopped until the replacement has agreed to of same on recommendations incorporated in accept the responsibility within the area of his the approved grading plan, noting any changes or her technical competence for approval upon required, and providing approval as to the ade- completion of the work. quacy of erosion and sediment controls. J. Final Reports. Upon completion of the K. Final approval shall not be given until rough grading work and at the final completion all work, including installation of all drainage of the work, the building official may require facilities and protective devices, all erosion and the following reports and drawings and sup- sediment control, and vegetative measures, has plements thereto: been completed in accordance with the ap- 1. An as-built grading plan prepared by the proved plans and the required reports have civil engineer, including original ground sur- been submitted. face elevations, as-graded ground surface ele- L. Executed contract(s) or deed restrictions vation; lot drainage patterns and locations and requiring maintenance and upkeep of final plan elevations of all surface and sub-surface drain- runoff and erosion control practices for as long age facilities, and providing approval that the as the building official determines necessary work was done in accordance with the final and as approved in the erosion and sediment approved grading plan; control plan. 2. A soil grading report prepared by the M. Variances. A request for variance from soil engineer, including locations and eleva- the provisions of this chapter, the pennit condi- tions of field density tests, summaries of field tions, or the plan specifications may be ap- and laboratory tests and other substantiating proved, conditionally approved, or denied by data and comments on any changes made dur- the building official. A request for a variance ing grading and their effect on the recommen- must state in writing the provision to be varied, dations made in the soil engineering investiga- the proposed substitute provision,' when it tionreport, and providing approval as to the would apply and its advantages. adequacy of the site for the intended use; N. Work Time Limits. The permittee shall 3. A geologic grading report prepared by fully perform and complete all the work re- the engineering geologist, including a final de~ quired to be done within the time limits speci- scription of the geology of the site including fied. If the permittee is unable to complete the any new information disclosed during the grad- work within the specified time prior to the ex- ing and the effect of same on recommendations piration of the pennit, a request shall be pre- incorporated in the approved grading plan, and sented in writing for an extension oftime, set- providing approval as to the adequacy of the ting forth the reasons for the requested exten- sion. If, in the opinion of the building official, 341 (Arroyo Grande Supp. Np. 2, 6-03) 13.24.070 an extension is warranted, additional time may essary to assure that the work, ifnotcompleted be granted for the completion of the work. in accordance with the approved plans and (Ord. 537 ~ I (part),2003: prior code ~ 7-1.06) specifications, will be corrected to eliminate hazardous conditions. I 13.24.070 Fees. In lieu of a surety bond the applicant may I A. Plan-Checking Fee. For excavation and file a cash bond or instrument of credit with the I fill on the same site, the fee shall be based on building official in an amount equal to that the volume of the excavation or fill, whichever which would be required in the surety bond. is greater. Before accepting a set of plans and The surety bond, or in lieu thereof, less the specifications for checking, the building offi- costs of remedial work, ifany, shall be released cial shall collect a plan-checking fee. Separate when the building official determines that the permits and fees shall apply to retaining walls best management practices for erosion and or major drainage structures as indicated else- sediment control practices have, permanently 'where in this code. There shall be no separate stabilized the site, but not later than eighteen charge for standard terrace drains, erosion and (18) months after installation of all permanent . . erosion control practices. (Ord. 537 ~ I (part), sediment controls and similar facilities. The amount of the plan-checking fee for grading 2003: prior code ~ 7-1.08) plans shall be as set forth in the latest version Design standards for cuts and of the California Building Code Appendix 13.24.090 Chapter 33 entitled "Excavation and Grading." excavations. The plan-checking fee for a grading permit Unless otherwise recommended in the soil authorizing additional work to that under a engineering and/or engineering geology reports valid permit shall be the difference between approved by the building official, cuts and ex- such fee paid for the original permit and the fee cavations shall confonn to the provisions of shown for the entire project. this section. B. Grading Pennit Fees. A fee for each A. The slope of cut surface shall be no grading penn it shall be paid to the building steeper than is safe for the intended use. Cut official as set forth in the latest version of the slopes shall be no steeper than two to one (2: I), California Building Code Appendix Chapter 33 horizontal to vertical. Due to individual site entitled "Excavation and Grading." The fee for soils and geology, flatter and shorter slope a grading pennit authorizing additional work to lengths may be required, or steeper and longer that under avalid pennit shall be the difference slope lengths may be allowed upon review by between the fee paid for the original permit and the building official when he or she is pre- the fee shown for the entire project. (Ord. 537 sented with evidence that this is consistent with ~ 1 (part), 2003: prior code ~ 7-1.07) the building and safety. Cut slopes shall be rounded off so as to blend in with natural ter- rain. 13.24.080 Bonds and securities. B. Stockpiles. Stockpile material for The building official may require bonds in trenches and pits will be not adjacent to the such formand amounts as may be deemed nec- excavation to be promptly backfilled and com- (Arroyo Gr.uide Supp. No: 2. 6-03) , 342 - - - - - - - - - - - - 13.24.100 pacted into trenches and pits. Excavated mate- cleaned of all trash, vegetation, stumps, debris, rial not needed at the site will be disposed of as noncomplying fill, and other unsuitable materi- approved by the building official. als and shall be scarified prior to the placement C. Vegetative Protection. All earth cuts of the fill. Topsoil shall be removed and stock- shall be planted with temporary and permanent piled for use in final grading. Where slopes are vegetation or otherwise protected from the five to one (5: I) or steeper and height is greater storm runoff erosion within thirty (30) days of than five feet, a bench ten (10) feet wide mini- the completion of final erosion control and mum,as determined by the soils engineer, shall grading work. Planting shall be watered or irri- be dug into undisturbed, solid competent soil or gated to establish a root system before the rainy bedrock beneath the toe of the proposed fill. season, if determined necessary by the building The bench must be inspected and approved by official. (Ord. 537 ~ I (part),2003: prior code the soils engineer and/or engineering geologist ~ 7-1.09) as a suitable foundation before placing fill. The area beyond the toe of fill shall be sloped for 13.24.100 Fills. sheet overflow or a paved drain shall be pro- Unless otherwise recommended in the soil vided. engineering and/or engineering geology reports D. Materials Permitted. Only permitted ma- approved by the building official, fill shall con- terial free from tree stumps, detrimental form to the,provisions of this section. In the amounts of organic matter, trash, garbage, sod, absence of an approved soil engineering report, peat and/or similar materials shall be used. these provisions may be waived fhr minor fills Rocks larger than twelve (12) inches in greatest not intended to support structures. dimension shall not be used unless the method A. Fill Location. Fill shall not be con- of placement is properly devised, continuously structed on natural slopes steeper than two to inspected and approved by the building official. one (2: I). The area beyond the toe of the fill Rock disposal areas shall be delineated on the shall be sloped for sheet overflow or a pro- grading plan. tected drain shall be provided. The following shall also apply; B. Fill Slopes. The slopeoffill surfaces can I. Rock sizes greater than twelve (12) be no steeper than is safe for the intended use. inches in maximum dimension shall be ten (10) Fill slopes shall be no steeper than two to one feet or more below grade, measured vertically. '(2: I). Due to individual soil properties, shorter 2. Rocks shall be placed so as to assure and flatter slopes may be required or steeper filling of all voids with fines. and longer slopes may be allowed upon review Topsoil is to be used in the top twelve (12) by the building official ifhe or she is presented inch surface layer to aid in planting and land- with evidence that the deviations are consistent scaping. with stability and safety. Fill slopes shall be E. Compaction of Fill. All fills shall be rounded off so as to blend with the natural ter- compacted to a minimum relative dry density rain. of ninety (90) percent as determined by ASTM C. Ground Preparation. Natural ground sur- D-1557-78 or UBC Standard No. 70-1. Field face over which fills are planned shall first be density verification shall be determined in ac- cordance with UBC Standard No. 70-2 or by an 343 (Arroyo ~c sup~~ No.2, 6-03) 13.24.110 approved equivalent. A higher relative dry den- .... sity and/or additional compaction tests may be - 1 - . required at any time by the building official. F. Vegetative Protection. All earth fills shall be planted with temporary and permanent vegetation or otherwise protected from the ef- fects of storm runoff erosion within thirty (30) days of the completion of final grading, and planting shall be watered or irrigated to estab- --- lish a root system, if determined necessary by the building official. (Ord. 537 ~ I (part), 2003: FIGURE NO.1 prior code ~ 7-1.10) TABLE NO. 70 13.24.110 Design standards for cut and REQUlllliDSETBACKSFROM fill setbacks. PERMIT AREA BOUNDARY (IN FEET) The setbacks and ~ther restrictions specified by this section are minimum and may be in- SETBACKS creased by the building official or by the rec- H a bl ommendation of the civil engineer, soils engi- Under 5 " 0 I neer or engineering geologist, if neceSSary for 5 - 30 Hl2 Hl5 safety and stability or to prevent damage of Over 30 15 6 adjacent properties from deposition or erosion, or to provide access for slope maintenance and IAdditional width may be required for intercep- drainage. Retaining walls may be used to re- tor drain. duce the required setbacks when approved by the building official. ...... - A. Setbacks From Property Lines. The tops of cuts and toes of fill slopes shall be set back from the outer boundaries of the permit area, including slope-right areas and easements, in accordance with Figure No.1 and Table No. 70. FIGURE NO.2 B. Design Standards for Setbacks. Setbacks between graded slopes (cut or fill) and stmc- C. Stream and Riparian Setback. Tops and tores shall be provided in accordance with Fig- toes of cut and/or filled slopes shall be set back ure No.2. far enough to prevent encroachment upon streams, flood plains, or channels, or body of standing water to provide and maintain an un- disturbed protective strip between the grading and the riparian corridor. This strip shall have <Azroyo Chandc Supp"No, 2, 6-03) 344 - - - - - - - - - 13.24.120 sufficient filter capacity to prevent degradation storage, infiltration, and controlled release of of water quality, as determined by the erosion storm water runoff may be required. Calcula- and sediment control specialist and approved tions may be required to demonstrate that the by the building official. If it is determined that cumulative effects of the tributary flows will the filter capacity of the protective strip is in- not have an adverse effect upon ultimate peak sufficient, or development activity will en- discharge through a channel due to modi fica- croach upon riparian zones, additional setback tions to the channel resulting from the retard- distance and/or erosion control practices may ing. be required. B. Drainage Facilities. D. Retaining Walls. Retaining walls, when I. Disturbance of natural drainage ways keyed into stable foundations and capable of shall be kept to a minimum and existing drain- sustaining the design loads, may be used to re- age courses shall not be obstructed or obliter- duce the required cut and fill setbacks when ated without mitigating measures installed that recommended by the civil or soils engineer, or have been approved by the building official. engineering geologist and approved by the Grading equipment shall not disturb or cross building official.' flowing streams unless absolutely necessary E. Other Restrictions and/or Minimums. and only with prior approval from the building Other requirements may also be increased or official. It is the responsibility of the permittee relaxed upon review by the building official if to secure any additional permits from agencies he or she fmds the deviations consistent with exercising jurisdiction over the stream. safety and stability and to provide access for 2. Whenever a grading operation obstructs slope maintenance and drainage. (Ord. 537 9 I ' or impairs the flow of runoff in an existing (part), 2003: prior code 9 7-1.11) drainage course, a culvert, bridge or other suit- able drainage facility designed and acceptable, 13.24.120 Design standards for to the building official shall be installed to con- drainage and terraces. vey the flow past the point of impairment. Drainage facilities and terraces shall con- 3. No construction materials or construc- form to the provisions of this section unless tion by-products shall be discarded in any otherwise indicated on the approved permit and drainage way or riparian zone. plans. Site development shall have no adverse 4. Drainage facilities, including paved, impacts on adjacent and downstream locations. rock or vegetative channels, culverts or pipe If adverse impacts are identified, off-site ero- drains, shall be designed tosafely cany exist- sion, sediment and flood control improvements ing and potential off-site runoff from a fully to the drainage way will be required to elimi- developed area upstream, as well as local on- nate the adverse impacts. site surface and subsurface waters to the near- A. Runoff Calculations: The approved est adequate drainage course designated for plans shall show by table and/or calculations such purposes by the building official and/or the peak rate of storm runoff both before and other appropriate jurisdiction as a safe place to after development. To eliminate adverse im- discharge such waters. Properly designed en- pacts of runoff and sediment, a combination of ergy dissipators may be required at the point of discharge. 345 (Arroyo Grande Supp. No.2, 6-03) 13.24.130 5. Culvert size and materials shall be de- zontally to vertically, have a vertical height in termined by the civil engineer in accordance excess often (10) feet. with standard design criteria and as approved C. Terraces. Terraces at least six feet in by the building official. Minimum diameter width shall be established at not more than shall be eighteen (18) inches. thirty (30) foot vertical intervals on all cut, or 6. Cuts, fills and retaining walls shall have fill slopes to control surface drainage and de- subsurface drainage facilities as necessary for bris except that where only one terrace is re- stability. quired, it shall be at mid-height. For cut or fill 7. Berms, ditches, interceptor drains, or slopes greater than sixty (60) feet and up to one swales shall be constructed at the top of cut and hundred twenty (120) feet in vertical height, I filled slopes for protection against water runoff. one terrace at approximately mid-height shall I Paved interceptor drains shall be installed along be twelve (12) feet in width. Terrace widths I , the top of all cut slopes where the tributary and spacing for cut and fill slopes greater than drainage area above slopes towards the cut and one hundred twenty (120) feet in height shall has a drainage path greater than forty (40) feet be designed by the civil engineer and approved measured horizontally. Interceptor drains shall by the building official. Suitable access shall be be paved with a minimum of three inches of provided to permit proper cleaning and maiilte- concrete or gunite and reinforced. They shall nance. have a minimum depth of twelve (12) inches Swales or ditches on terraces shall have a ,and a minimum paved width of thirty (30) minimum gradient of five percent and must be inches measured horizontally across 'the drain. paved with reinforced concrete not less than The slope of drain shall be approved by the three inches in thickness or an approved equal building official. Energy dissipators may be paving. They shall have a minimum depth at required by the building official. ' the deepest point of one foot and a minimum 8. A minimum five percent grade between paved width of five feet. A single run of swale approved storm drainage facilities and all or ditch shall not collect runoff from a tributary building pads, yards, roof drains and driveways area exceeding thirteen thousand (13,000) is recommended. Building pads shall have a square feet (projected) without discharging into drainage gradient of two percent toward ap- a down drain. (Ord. 537 ~ 1 (part), 2003: prior proved drainage facilities, unless waived by the code ~ 7-1.12) building official. Exception: The gradient from the building 13.24.130 Design standards for erosion pad may be one percent if all of the following and sediment control. conditions exist throughout the permit area: During site planning, access and building , a. No proposed fills are greater than ten envelopes should be arranged so as to minimize (10) feet in maximum depth. disturbance of particularly erodible areas. b. No proposed finish cut or fill slope faces These plans should reflect the arrangement and have a vertical height in excess often (10) feet. specifically stipulate areas to remain undis- c. No existing slope faces, which have a turbed. slope face steeper than ten to one (10:1), hori- - (ArroyO Grande Supp. No.2, 6-03) 346 13.24.130 All streams, flood plains, channels, bodies of The method and time shall be such that the ero- standing water, or other riparian areas,shall be sive effects are minimized. identified and delin,eated on the development E. Vegetative Disposal. Vegetation re- plans. If it is detern\ined that certain develop- moved during clearing operations shall be dis- ment activities in or near the riparian zones posed of in a manner approved by the building would be detrimental, those activities may be official and in compliance with all state, federal prohibited. and local laws. Burning requires a separate Exposed soil and slopes shall be protected permit through the Air Pollution Control Dis- from erosion by temporary and/or' permanent' trict to ensure compliance with local air quality measures. standards. No long branches or charred pieces As soon as possible and feasible following shall be permitted to remain. completion of each stage of grading and/or F. Topsoil. To promote regrowth ofvegeta- construction, all sites will ' be permanently tion, topsoil graded from cuts and fills and/or stabilized by installing all required erosion and secured from other sources shall be stockpiled sediment control practices to insure protection and/or reapplied upon completion of grading on before tlie normill beginning date of winter or slopes steeper than four to one (4: I). Soil adverse season. stockpiles shall be protected from erosion at all A. Structures on existing slopes exceeding times. thirty (30) percent shall utilize pole, step or G., Vegetative Protection. When needed and other such foundation that does not require ma- planned, all bare slopes and/or disturbed areas jor land disturbances. - will be planted to both temporary and perma- R Runoff Control. Where concentrated nent vegetation as each stage of grading is runoff will occur, it shall be carried in pipe or completed. Sufficient temporary, rapid growing culvert conduits or over a nonerodible surface vegetation to stabilize the soil will be used until (paved, rocked or vegetated) to stable discharge the permanent vegetative cover grows or ma- points dearly shown on the development plans. tures enough to provide permanent stability. All conduits must have proper energy dissipa- H. Winter and/or Adverse Season Opera- tors at the point of discharge when necessary to tions. prevent erosion. 1. Land disturbance or development opera- C. Building Site Runoff. Runoff from tions may be restricted or temporarily halted buildings, roads, driveways and the total site during the normal winter or rainy season, area shall be controlled by berms, swales, and/or other times whenever the building offi- , ditches, structures, vegetative filter stops and/or cial determines that the weather, soil, slope and catch basins to prevent the escape of sediment general site conditions may cause serious ac- from the site. celerated erosion or sediment damage, either D. Vegetative Removal. Development on-site or downstream. Existing ground cover plans shall indicate the areas where vegetation shall not be cleared, destroyed, burned or dis- is to be removed and replaced within the build- turbed more than fifteen (15) days prior to ing and access envelopes. VegetatiQn removal grading or construction work, unless approved shall be limited to that amount necessary and as in advance by the building official. indicated on the approved development plan. 347 (Arroyo Grande Supp. No.2, 6-(3) 13.24.130 2. Plans for temporal)' and/or permanent closely monitored throughout the winter and/or erosion and sediment control shall be approved rainy season and problems corrected promptly. by the building official forty-five (45) days All erosion and/or slippage of cut and fill banks prior to October 15th. All approved erosion and shall be repaired by the permittee at his or her sediment control best management practices expense. shall be installed by October 15th. 1. Dust from grading operations must be 3. Any land development work between controlled. The permittee may be required to October 15th and March 15th shall be in accor- keep adequate equipment on the grading site to dance with the approved best management prevent dust problems. practices during any land disturbance, and ap- J. Erosion Control Coordination with Pro- plied to all soils based at the end of each work- ject Installation. ing day. An adequate reserve supply of erosion 1. All vegetative and/or structural meas- control materaisl shall be kept on site at all ures required to safely discharge any acceler- times to be installed immediately by the ated runoff generated by the project should be permittee .upon advent of any rainfall, winds, or scheduled for installation during the first or other storm' event lhat may be expected to initial construction phase of the project. cause accelerated erosion. 2. Land shall be developed in units of 4. All cut and fill slopes, except sand workable size which can be completed in a sin- slopes or dunes, without satisfactol)' vegetative gle construction season., Best management cover between growing seasons shall be practices for erosion and sediment control mulched with a minimum of four"thousand measures shall be coordinated with a sequence (4,000) pounds of straw or equivalent per acre of grading operations and all appropriate ero- of slope surface. Mulch will be anchored to the sion control measures shall be put in effect slope by punching or tacking into the soil or prior to the commencement of the next work with netting installed over the mulch. Addi- unit and/or winter or normal rainy season. Prior' tional mulching and/or other anchoring meth- to completion and final acceptance of the pro- ods as recommended by the erosion control ject, all erosion control measures must be in specialist may be required by the building offi- place and all exposed bare soil shall be cia!. mulched, fertilized and planted to a permanent 5. Within ten (10) working days after seed- vegetative cover. Native or naturalized vegeta- ing, fertilizing and/or mulching, when required tion should be used. Upon recommendation by by the building official due to climate or the erosion control specialist, the building offi- drought conditions, the permittee will com- cial may require watering of planted areas to mence irrigation or watering of the seeded ar- initiate and assure growth. eas or slopes and shall continue until the rains K. Livestock. Where necessal)' to assure come and/or a vegetative ground cover is per- that water quality is not affected by the keeping manently established. All other erosion and ofJivestock, vegetative buffer and/or filter strip sediment control practices shall be installed shall be established on all downhill sides of prior to seeding and mulching. areas where livestock is kept. The width of the 6. All best management practices for era- buffer strip shall be determined by the erosion sion and sediment control practices shall be ' control specialist. Also, additional erosion and- - (Arroyo Grattdc Supp. No.2, 6-03) 348 - - - - - - - - - - - 13.24.140 sediment control practices may be required by frequent intervals necessary to determine that the building official to control runoff and pollu- adequate control is being exercised by the pro- tion from the areas where livestock has de- fessional consultants. stroyed and torn up the protective vegetation. A. Inspections Required. The following L. Maintenance. All on-site erosion control inspections shall be required, but not limited to: facilities shall be properly maintained by the J. Pre-site inspection to determine the suit- owners for the lifeofthe project so that they do ability ofthe proposed project and the existing not become nuisances with stagnant water, and potential erosion and sediment hazards' heavy algae growth, insect breeding, odors, , 2. Periodic ongoing project operations pro- , discarded debris, and/or safety hazards. gress, including compaction and special testing Vegetative maintenance required may include ' as may be required by the approved plan; mowing, fertilization, irrigation and/or reseed- 3. Final inspection determining compliance ing. (Ord. 537 ~ I (part), 2003: prior code ~ 7- with terms and conditions of this chapter and 1.13) permit. Final approval shall not be given until 13.24.140 In~pections and compliance. all work, including installation of all drainage Excavation, grading, filling, clearing and facilities and their protective devices and all erosion control work for which a permit is re- erosion control measures, has been completed quired shall be subject to inspection by the in accordance with the final approved plan and building official. The building official may re- the required reports have been submitted. quire supervision, regular inspection, and spe- B. Notification. The permittee shall notify cial testing be performed and certified by the the building official two working days prior to civil engineer (or other professional) who pre- the beginning of the operation authorized by pared the approved plan; and the civil engineer the permit, two working days before the project shall also be responsible for the inspection and is ready for final inspection, and one complete approval of work within his or her area of tech- working day prior to any other inspection or hical specialty. This responsibility shall in- testing requested by the permittee. elude, but need not be limited to, inspection C. Right of Entry. Filing for a permit under and approval as to the establishment of line, this chapter constitutes a grant of permission grade and drainage of the development area. for the -city to enter the permit area for the pur- The building official may also require spe- pose of administering this chapter from the date cial supervision, inspection and testing be done of the application to the termination of the ero- by an independent, approved testing agency to sian control maintenance period. If necessary, ensure compliance with this chapter, the per- the building official shall be supplied with a mittee's permit concerns; and/or in accordance key or lock combination, or permitted to install with the provisions of Sect ions 306 ofthe UBC a city lock. and Section 13.24.060 ofthis chapter. D. Notice of Violation Recordation. When- The building official shall inspect or provide ever the building official determines that work for adequate inspection of the project by ap- has not been completed in accordance with a propriate professionals at the various stages of permit or the plans and specifications relating the work requiring approval, and at any more thereto, or whenever the building official de- termines that work has been done without the 349 (Arroyo Grande Supp. ~o. 2, 6-03) ....... 13.24.140 required permit, the building official may re- gram which can be accomplished in no more cord a notice of violation. The owner(s) of the than ninety (90) days, no further city action property, as revealed by the assessment roll on shall be required at that time. The building of- which the violation is situated, and any other ficial shall obtain a cash bond from the owner person responsible for the violation shall be or contractor, payable upon request, and a notified of the recordation, if their address is right-of-entty form signed by the owner to available. guarantee the city's right to do the remedial If the responsible party fails to act in re- , program as agreed if not done by the owner or sponse to written notification of the building contractor within the agreed time period. official, an erosion problem may be declared a 2. Ifthe building official cannot reach such public nuisance and may be abated according a satisfactory agreement, he or she, shall, within to procedures in the city code. Where there is thirty (30) days, submit a detailed report and an emergency condition of erosion or sediment recommendations to the city manager and city damaging a waterway, marsh, other body of council requesting the initiation of formal water, or private or public property, the build- council proceedings under the city's nuisance ing official may have the necessary corrective abatement ordinance to abate the public nui- work done and then bill the responsible party or sance created on the premises by the unauthor- place a lien against the offending property. ized grading. The object of such proceedings E. Additional Procedures to Remedy Unau- shall be the ordering of corrective measures, thorized Grading Without a Permit-Finding subject to the city's power to correct the prob-- and Declaration. The city council 'finds and lem and place a lien upon the real property for declares that unauthorized grading without a all costs of correction. For purposes of the nui- permit often results in soil erosion, drainage, sance abatement proceedings, the council de- visual and other destructive long-term impacts c1ares that unauthorized grading without a per- which are not satisfactorily alleviated or cor- mit is a public nuisance, per se. (Ord. 537 ~ I rected by the usual enforcement' procedures, (part), 2003: prior code ~ 701.14) such as criminal violations or judicial proceed- ings concerning public nuisances. Further, such grading often causes harm unique to the graded parcel and the properties surrounding it, and the long-term correction measures for each such unauthorized grading requires detailed consid- eration and formulation, usually after formal , public hearings. 1. Upon discovery of unauthorized grading without a permit, the building official shall, where feasible, contact the oW1ler of the prop- erty upon which the grading occurred, and the person who did the grading. If the building of- ficial and the owner and contractor can agree' within thirty (30) days upon a remedial pro- (Arroyo Grande Supp. No.2, 6-03) 350/352 ----