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R 3324 I : \; -~ "- ! .~-. RESOLUTION NO. 3324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF . ARROYO GRANDE APPROVING VESTING TENTATIVE TRACT MAP 2260, GENERALLY LOCATED SOUTH OF GRAND AVENUE, EAST OF OAK PARK BLVD., NORTH OF ASH STREET, AND WEST OF SPRUCE STREET WHEREAS, the applicant, Charles Baker, has filed Vesting Tentative Tract Map 2260 for a subdivision consisting of 180 residential lots, a 0.75 acre public park lot, and a 1.5 acre . qrainage basin lot on approximately 37 acres; and . WHEREAS, the boundaries of Vesting Tentative Tract Map 2260 are coterminous with Subarea 1 of the Berry Gardens Specific Plan; and WHEREAS, on August 25,1998 the City Council certified an Environmental Impact Report prepared for the Berry Gardens Specific Plan; and WHEREAS, the City Council finds that Vesting Tentative Tract Map 2260 is consistent with the Berry Gardens Specific Plan and therefore no additional environmental review is required pursuant to Section 15182 of the Guidelines for the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed Vesting Tentative Tract Map 2260 at a duly noticed public hearing on August 4, 1998 in accordance with the Development Code of the City of Arroyo Grande at vvhich time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council of the City of Arroyo Grande has considered Vesting Tentative Tract Map 2260 at duly noticed public hearings on August 25, and September 8, 1998 in accordance with the Development Code of the City of Arroyo Grande at vvhich time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council found that this project is consistent with the City's General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings, the staff reports and all other information and documents are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Proposed Vesting Tentative Tract Map 2260 is consistent with the goals and policies of the General Plan and the Berry Gardens Specific Plan because the 180 residential lots. are consistent with the density and development standards established in the Berry Gardens Specific Plan. Resolution No. 3324 Vesting Tentative Tract 2260 Page 2 of 21 2. The proposed design and improvements of proposed Vesting Tentative Tract Map 2260 are consistent with the applicable goals and policies ofthe General Plan and the Berry Gardens Specific Plan because the 180 residential lots are consistent with the development standards established in the Berry Gardens Specific Plan. 3. The site, as shown on the proposed Vesting Tentative Tract Map 2260, is physically suitable for the type and density of the proposed development because all necessary public improvements, easements, and Specific Plan and Development Code standards can be provided on the flat topography of the site. 4. The design of the proposed Vesting Tentative Tract Map 2260 or the proposed improvements would not cause substantial environment damage or substantially and avoidably injure fish or wildlife, or their habitat because implementation of the mitigation measures as recommended in the Berry Gardens Specific Plan Environmental Impact Report will prevent any significant adverse environmental impacts from oCcurring. 5. The design of the proposed Vesting Tentative Tract Map 2260 and proposed public and private improvements will not cause public health problems because implementation of the mitigation measures as recommended in the Berry Gardens Specific Plan Environmental Impact Report will prevent any significant adverse environmental impacts from occurring and all State and local health and safety code requirements will be met. 6. The design of the proposed Vesting Tentative Tract Map 2260 and proposed public and private improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed vesting tentative tract map site or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed Vesting Tentative Tract Map 2260 to support development of the 180 residential units. Department of Fish and Game Required Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Vesting Tentative Tract Map 2260. . Re.solution No. 3324 Vesting Tentative Tract 2260 Page 3 of 21 2. Based on the initial study, an Environmental Impact Report was prepared for public review. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council certified that the Environmental Impact Report prepared for the project met the requirements of the California Environmental Quality Act and found that there is no substantial evidence of any significant adverse environmental impacts would occur, either individually or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Vesting Tentative Tract Map 2260, with the above findings and subject to the conditions of approval as set forth in Attachment "A" and "B" both of which are attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution shall become effective when Ordinance No. 499 C.S. (Development Code Amendment 97-007) becomes effective. On motion by Council Member Fuller, seconded by Council Member Runels, and by the . following roll call vote, to wit: ;" ."" ," AYES: Council Members Fuller, Runels, and Mayor Dougall NOES: Council Member Tolley and Mayor Pro Tem Lady ABSENT: None lution was adopted this 8th day of September 1998. ATTEST: r1~{).~ NANCY A. D IS, CITY CLERK APPROVED AS TO FORM: Resolution No. 3324 Vesting Tentative Tract 2260 Page 4 of 21 APPROVED AS TO CONTENT: &~.TL. H-~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the CitY of Arroyo Grande, County of San Luis Obispo, State of California, .do hereby certify that the following Resolution No. .3324 is a true, full and correct cop,t of said Resolution passed and adopted at a regular meeting of said Council on the 8 day of September 1998. WITNESS my hand and the seal of the City of Arroyo Grande affixed this 22nd day of September 1998. 11 ar~ NANC~, CITY CLERK Rellolution No. 3324 Vesting Tentative Tract 2260 Page 5 of 21 ATTACHMENT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 2260 (APPLICANT: CHARLES BAKER) COMMUNITY DEVELOPMENT DEPARTMENT . This approval authorizes the subdivision of a maximum of 149 single family residential lots (minimum lot size of 6,000 square feet) and 31 patio home residential lots (minimum lot size of 3,000 square feet); the construction of a 0.75 acre public park; the construction of a 1.5 acre drainage basin; and, the installation of public improvements in three phases. All development shall be in conformance with the Berry Gardens Specific Plan. An Environmental Impact Report has been certified for the Berry Gardens Specific Plan. The mitigation measures contained in the following conditions of approval shall be implemented as stated and monitored by the appropriate City department or responsible agency as specified in this Resolution and in Table M of the Berry Gardens' Specific Plan EIR. The applicant shall be responsible for obtaining verification in writing by the monitoring department or agency that the mitigation measures have been implemented. All of the following conditions shall be completed by the developer(s) of Vesting Tentative Tract 2260, unless otherwise indicated. GENERAL CONDITIONS 1. The project shall comply with all applicable Federal, State, County and City Code requirements. 2. This tentative map approval shall automatically expire on October 22, 2000 unless phase 1 of the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. Notwithstanding the above timelines, Tract 2260 is required to construct off-site improvements in excess of the limits in Section 66452.6 of the State Subdivision Map Act and qualifies for the time extensions allowed for subsequent phases. 3. All development for Tract 2260 shall be in conformance with the Berry Gardens Specific Plan. In accordance with Section 66498.3 of the Subdivision Map Act, .' prior to recording any phase of Tract 2260 the developer shall obtain the zone changes listed in the Berry Gardens Specific Plan for Subarea 1. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the me:eting of September 8, 1998 and marked Exhibit "A". Resolution No. 3324 Vesting Tentative Tract 2260 Page 6 of 21 5. The applicant shall, as a condition of approval of this vesting tentative or final map application, defend, indemnify ,and hold' harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. Prior to final building inspection for each residence, a mail receptacle shall be provided as required by the Postmaster of the Pismo Beach Post Office. 7. Construction shall be limited to between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p,m. on Saturday. 8. Prior to final building inspection for each residence, all ducts, meters, air conditioning equipment and all other mechanical, equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure 9. Prior to recording the map for Phase 1, Conditions, Covenants, and Restrictions (CC&R's) shall be submitted that are administered by a homeowners' association, formed by the applicant for the area within the subdivision that contains the Patio Homes. The CC&R's shall be reviewed and approved by the City Attorney. At a minimum, the CC&R's shall provide for maintenance of the private drives/alley, common areas, private open space areas, private water and sewer lines, and indicate the City has a Right to Farm Ordinance. 10. Prior to recording the map for each Phase, Conditions, Covenants, and Restrictions (CC&R's) shall be submitted for the area within the subdivision that contains the Single Family Homes. The CC&R's shall be reviewed and approved by the City Attorney. At a minimum, the CC&R's shall indicate the City has a Right to Farm Ordinance and the individual property owners shall maintain the parkway landscaping adjacent to their respective lot and all fenceslwalls on their respective lots. 11. Prior to recording the map for each Phase, a joint maintenance agreement for all common driveways shall be submitted for review and approval by the City Attorney. The joint maintenance agreement shall be recorded concurrently with the final map for each Phase. 12. Prior to final building inspection for each Patio' Home Residence, all garages shall be provided with roll-up garage doors and automatic garage door openers. Re,solution No. 3324 Vesting Tentative Tract 2260 Page 7 of 21 13. Street names shown on the vesting tentative map are approved. Prior to recordation of the final map, the Police and Fire Department shall determine the point of street , name change on all corner radii. Any revisions to the approved street names shall " be approved by the Planning Commission in accordance with Municipal Code , Section 8-2.05. 14. Prior to recording the map for Phase 1 and for each subsequent Phase, the applicant shall enter into an agreement, or shall record deed restrictions, at the discretion of, and in a form approved by the City Attorney, \Nhereby the applicant , agrees on behalf of itself and its successors in interest, to maintain the affordability ,'" of the units for 30 years or a longer period oftime (if required by the CDBG program or the construction or mortgage program or rental assistance program). The agreement or deed restrictions shall include a mechanism for administration and enforcement of this condition. In order to satisfy the above requirements, an , affordable housing in-lieu fee could be paid, as established by the City Council, \Nhich would provide for the construction, renovation ,and/or, creation of affordable housing units, This project is required to provide, 28 affordable units based on the current Housing Element policies. SPECIAL CONDITIONS 15. Prior to issuance, of building permits for each Phase, building, elevations with ,construction details shall be submitted consistent with the design guidelines/prototypes contained in the Berry Gardens Specific Plan. The Architectural Review of the building elevations shall be reviewed and approved by the Architectural Advisory/Review Committee. 16. Prior to recording the map for Phase 1, a wall/fence plan shall be submitted indicating the location, size, height and materials consistent with the guidelines contained in the Berry Gardens Specific Plan. This shall include a new wood fence adjacent to all existing residential uses. This wall/fence plan shall also indicate the special entry features and neighborhood identification signs. The Architectural Review of the wall/fence plan shall be reviewed and approved by the Architectural Advisory/Review Committee. 17. Prior to recording the map for Phase 1, improvement plans for all common area improvements for the Patio Home residential area shall be submitted including the private drive/alley improvements, landscaping, decorative pavement treatment consistent with the guidelines contained in the Berry Gardens Specific Plan. This plan shall also indicate the minimum setbacks from garage door to edge of pavement. All landscape areas adjacent to the alley/driveway shall be separated by six-inch concrete curbs. The Architectural Review of the improvement plan shall be reviewed and approved by the Architectural Advisory/Review Committee. Resolution No. 3324 Vesting Tentative Tract 2260 Page 8 of 21 18. Prior to issuance of a building permit for each phase, a landscape and irrigation plan prepared by a licensed landscape architect shall be submitted indicating the landscaping for all front yards, street side yards, areas adjacent to the alley, and decorative paving materials in the alleys. The plan shall be revievved and approved by the Architectural Advisory/Review Committee. Prior to issuance of a building permit for each residence, all required landscaping shall be installed. The landscaping plan shall address the following: a. . Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The use of deep root planters for areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; d. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and e. All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material. 19. Prior to recording the map for each Phase, a street tree plan shall be submitted indicating the size, type, and location of the proposed street trees. The plan shall include tree staking, soil preparation and planting details and the use of deep root planters for areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs. The street tree plan shall also indicate how the trees will be temporarily irrigated prior to occupancy of each residence. . Prior to final building inspection for the first residence within each Phase, all street trees for that Phase shall be installed. PARKS AND RECREATION DEPARTMENT CONDITIONS SPECIAL CONDITIONS 20. Prior to recording the map for Phase 1; a park plan shall be submitted indicating proposed amenities, landscaping, irrigation, and walllfence treatment for the public park. At a minimum, the amenities shall include childrens playground equipment. The plan shall be revievved and approved by the Director of Parks and Recreation .. and may be modified to relocate the fountain to provide for a larger turf area. Prior to final building inspection for the first residence within Phase 1, the park shall be developed. BUILDING AND FIRE DEPARTMENT CONDITIONS GENERAL CONDITIONS 21. The project shall comply with the most recent editions of the California State Fire Resolution No. 3324 Vesting Tentative Tract 2260 Page 9 of 21 and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. .' 22. Prior to issuance of a certificate of occupancy, designated fire lanes shall be posted per Section 22500.1 of the California Vehicle Code. 23. Prior to bringing combustibleson-site, the project shall have a fire flow of 1000 gallons per minute for a duration of two (2) hours. 24. Prior to bringing combustibles on-site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. 25. Prior to final building inspection for each residence, Fire Department approved access shall be provided or a fire sprinkler system shall be installed per the National Fire Protection Association Standards. A minimum one-inch water service and meter for all residences requiring fire sprinklers shall be installed. 26. Prior to issuance of a grading permit, proof of properly abandoning all non- conforming items such as septic tanks, wells, underground piping and other undesirable conditions shall be provided. 27. Prior to issuance of a.grading permit for each Phase, a demolition permit shall be issued for the removal of all structures,. except the residence on lot 15. , SPECIAL CONDITIONS 28. Prior to final building inspection of the first residence in Phase 1, an opticom traffic signal pre-emption device shall be installed at the sole cost and expense of the developer at the intersection of Grand Avenue and Courtland Street that meets the Building and Fire Department requirements. In addition, the applicant shall contribute 25% of the cost for an opticom traffic signal pre-emption device at the intersection of Oak Park Blvd. and Grand Avenue. PUBLIC WORKS DEPARTMENT CONDITIONS GENERAL CONDITIONS 29. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. 30. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. Resolution No. 3324 Vesting Tentative Tract 2260 Page 10 of 21 31. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 32. Improvements within the City of Grover Beach shall be approved by the City of Grover Beach and by the Arroyo Grande City Engineer. The applicant shall obtain encroachment permits from the City of Grover Beach for improvements required by these conditions and mitigation measures. 33. Lots shall be numbered in sequence. 34. Improvement plans shall include street signage and striping plans. 35. Existing public streets within the boundary of Tract 2260 shall be abandoned on the map, in accordance with Section 66499% of the Subdivision Map Act. . 36. Prior to recording the map for Phase 1, Oak Park Boulevard from Ash Street to the existing full-width section near Manhattan Avenue shall be widened to its full width, as follows: a. Add an additional 32 feet wide paved separated street on the east side, with concrete curb and gutter on both sides of the street. b. Provide a 20 feet wide (except at turn lanes) landscaped median between the existing street and the new street. c. Six (6) feet wide integral concrete sidewalk with curb and gutter on the east side of the new street. d. Widen the right of way to the east, to the back of the new sidewalk (100 feet wide total R1W). . e. 35 mile per hour design speed. f. Traffic Index (TI) for Structural Section Design shall be 7.5 37. . The design of Oak Park Boulevard shall include separate left turn lanes at the following locations: a. Northbound left turn to westbound Manhattan. b. Southbound left turn to eastbound Seabright. c. Northbound left turn to westbound Seabright. d. Northbound left turn to westbound Trouville. 38. Prior to recording the map for Phase 1, Courtland Street within Tract 2260 shall be designed as follows: a. . 40 feet street width from curb to curb. b. Five (5) feet wide detached concrete sidewalks with seven (7) feet wide parkways on both sides of the street. c. Concrete curb and gutter on both sides of the street. d. Provide a 54 feet wide right of way. e. 25 mile per hour design speed. f. Traffic Index for Structural Section Design shall be 6.5 Rellolution No. 3324 Vesting Tentative Tract 2260 Page 11 of 21 39. Prior to recording the map for Phase 1, Courtland ,Street from the southerly . boundary of Tract 2260 to Ash Street shall be constructed as a collector street, as follows: a. Construct a minimum 32 feet wide portion of a total future 40 feet street width from curb to curb. Construct a five (5) feet wide ,detached concrete sidewalk with concrete curb and gutter on one side of the street. Construct a temporary six-inch AC berm along the other edge; offset to provide the full 32 feet width. The design shall accommodate future widening and lheadditionof future curb, gutter and sidewalk on the other side of the road. Provide right of way as required to construct the improvements. The minimum interim right of way shall be to the front of sidewalk on one side, and two (2) feet beyond the back of berm on the other. A public sidewalk easement shall be provided for the detached sidewalk. Additional right of way dedication will be required of the adjacent parcels, consistenl.with the City standards for Collector streets. .. Signed for no parking until the full street width is improved. 25 mile per hour design speed. Traffic Index for Structural Section Design shall be6.5 b. c. d. e. f. g. h. 40. The private drive/alleys for.the Patio Homes shall be private, and maintained by a homeowners association. The alleys shall be constructed to a TI of 5.0. 41. The landscaped parkways shall be irrigated and maintained by the adjacent property owner.. All detached sidewalks shall have PVC sleeves installed underneath to provide for landscape irrigation, drainage, and other facilities, as required by the City Engineer. 42. Prior to recording the map for each Phase, the Local Streets shall be constructed as follows: a. 36 feet street width from curb to curb. b. Five (5) feet wide detached concrete sidewalks with seven (7) feet wide parkways on both sides of the street. c. Concrete curb and gutter on both sides of the street. d. Provide a 50 feet wide right of way. e. 25 mile per hour design speed. f. Traffic Index for Structural Section Design shall be 5.5 43. Prior to recording the map for each Phase, public and private easements . shall be extended across subsequent phases, as required to accommodate phasing of the Tract and Specific Plan. m\SS\(\~ ~~G IJ.. Re,5olution No. 3324 Vesting Tentative Tract 2260 Page 13 of 21 The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 54. Prior to recording the map for Phase 1, a Public Utility Easement (PUE) shall be dedicated over all private streets. The PUE shall be wider where necessary . for the .installation or maintenance of the public utility..vaults, pads, or similar facilities. 55. Prior to recording the map for Phase 1, street tree planting.and maintenance easements shall be dedicated adjacent to Oak Park, Blvd. right of way. Street tree easements shall be a minimum of 10 feet beyond the right of way. 56. Prior to recording the map for each Phase, public sidewalk easements shall be dedicated 5 feet wide adjacent to all street right of ways, except Oak Park Boulevard and the portion of Courtland northerly of Tract 2260. The easement shall be wider where necessaryJor handicapped ramps or other facilities. 57. All grading shall be done in accordance with the City. Grading Ordinance. 58. Prior to obtaining a grading permit; the. developer shall provide .evidence that a NPDES Permit has been obtained from the Regional Water Quality Control Board. . 59. Ail drainage facilities shall be designed to accommodate a 1 DO-year storm flow. 60. A preliminary soils report for the project shall be prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design .and grading shall be performed in accordance with the approved soils report. 61. Street structural sections shall be determined by an R-Value soil test. 62. Prior to recording the map for Phase 1, an engineering study shall be submitted regarding drainage related to the project. The study shall be subject to the approval by the Director of Public Works. 63. The stormwater basin shall be designed and constructed to Public Works Department requirements, and the following: a. The basin design shall include a minimum freeboard of 12 inches. b. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. c. The basin shall be maintained by a homeowners association. The City shall approve the related language in the homeowners association CC&R's prior to recordation. d. The basin shall be fenced around the perimeter. The fencing shall be approved by the Community Development Department. The Homeowners Resolution No. 3324 Vesting Tentative Tract 2260 Page 14 of 21 Association shall maintain the fencing. e. A landscape plan shall be submitted for the basin. The higher tier of the basin shall be planted in turf to allow for the use as. a private recreational area. 64. Install a bleeder pipe from the Tract 2260 basin to the Ash Street basin. The pipe design shall be approved by the City Engineer. 65. Each parcel shall have separate water meters. Duplex service lines shall be used wherever feasible. . 66. Prior to recording the map for Phase 1, a 10" water main shall be extended in Courtland, from Ash Street to Grand Avenue. 67. Prior to recording the map for Phase 2, an 8-inch water main shall be extended in Cedar Street to the existing six (6) inch water main in the existing portion of Cedar Street. 68. Prior to recording the map for Phase 1, an 8-inch water main shall be extended in Seabright, from Oak Park Boulevard to Cranberry Street. 69. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 70. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. ~ :.1 . 71. Prior to recording the map for Phase 1, a sewer lift station and force main shall be designed and constructed to the approval of the Director of Public Works. The lift station and force main shall be sized to provide for the upstream service area, including the flow to the existing lift station at the Poplar Street Basin, and flows from the Specific. Plan subareas which are unable to be sewered by gravity systems. 72. Prior to recording the map for Phase 3, the existing sewer lift station at the Poplar Street Basin shall be abandoned. 73. Prior to recording the map for Each Phase, Development Code Chapter 9- 15.050 shall be complied with. All existing onsite and perimeter above ground utilities shall be relocated underground, including the poles adjacent to the east and north tract boundaries as illustrated on Attachment "B". 74. All new public utilities shall be installed as underground faciiities. , , Rasolution No. 3324 Vesting Tentative Tract 2260 Page 15 of 21 75. No streets shall be paved until all underground utilities have been property installed. 76. Prior to final inspection for any building permit within the project, all public utilities shall be operational. . 77. All improvement plans shall be submitted to the public utility companies for comment. Utility company comments shall be forwarded to the Director of Public Works for approval. 78. The subdivider shall enter into a Subdivision Agreement for the completion and guarantee of improvements required. The subdivision agreement shall be in a form acceptable to the City. 79. Prior to checking the. map, a current preliminary title reportcshall be submitted to the Director of Public Works. A current subdivision .guarantee shall be submitted to the Director' of Public Works prior to recording the Map, 80. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The minimum term for . Improvement securities shall be equal to the term of the subdivision agreement. a. Faithful Performance, 100%' of the approved estimated cost of all subdivision improvements. b. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. c. One Year Guarantee, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation, 100% of the estimated cost of setting survey monuments. ' e. Tax Certificate, In accordance with Section 9-15.130 of the pevelopment Code, the applicant shall furnish a certificate from the tax collectors office indicating that there ?re no unpaid taxes or special assessments against the property. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees as specified below. The City is currently considering updating the cost and structure of all development impact fees and processing fees listed below. The City is also in the process of developing a fire impact fee. The applicant shall pay the fees in effect at the time period specified below. Notwithstanding the above, the fees paid shall not exceed 150 percent of the fee in effect at the time this vesting tentative tract map is approved. Resolution No. 3324 Vesting Tentative Tract 2260 Page 16 of 21 81. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Tract Map (currently $297 + $11.00 per lot). b. Plan check for Tract' improvements. Currently based on an approved construction cost estimate, (1 % of construction costs up to $100,000), plus (1/2% of construction costs over $100,000). c. Inspection Fee for Tract improvements. Currently based on an approved construction' cost estimate, (4% of construction costs up to $500,000), plus (3% of construction costs between $500,000 and $1,000,000), plus (2% of construction costs over $1,000,000). 82. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Mitigation Fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution Fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. c. Water Service Charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. d. Water Supply Charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. e.Traffic Impact Fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. f. Traffic Signalization Fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. g. Sewer Permit Fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. h. Street Tree Planting Fee, the developer shall pay the current street tree planting fee/deposit. One 15-gallon size or larger street tree is required for every fifty feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15-gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. i. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. j. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. k. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. I. Fire impact Fee (currently under consideration). '. . , . , , Resolution No. 3324 Vesting Tentative Tract 2260 Page 17 of 21 m. Drainage Fee, in effect at the time the fees are due, except that the fees may be reduced by the cost of facilities installed by the developer. The . amount of the fee reduction shall be based on cost estimates as approved by the Director of Public Works. In no case shalltheJeebe reduced. to an amount less than zero. The facilities which may be credited include the following: i. The storm drain system within Courtland Street from Grand Avenue to the new basin. The storm drain bleeder line.from the new basin to.the Ash Street basin. The storm water basin and related facilities related to drainage (not landscaping or recreational amenities). ,. ii. iii. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDING MAP FOR PHASE 1 ~;" " 83. Prior to recordation of final map phase 1, the applicant shall submit a report detailing the cost (i.e., value of land and cost of improvements) of.developing the . 0.75 acre Berry Gardens Public Park. The report shall determine the amount of credit that would be applied to the 'reduction of the Park Development Fee. at the time of map recordation. If the cost of developing the park exceeds the amount of the Park Development Fee to be collected, then no fee would be paid. If the cost of developing ,the park is less than the current Park Development fee, the remaining balance shall be paid prior to map recordation of Phase 1 in accordance with City Ordinance 313 C.S. Prior to recording the map for Phase 1, Lot 182 shall be dedicated to the public as a public park. STANDARD MITIGATION MEASURES The following standard mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency as specified. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. . 84. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy for each residence. Monitoring: Responsible Department: Timeframe: Field inspection of each residence Building and Fire Department Prior to issuance of Certificate of Occupancy Resolution No. 3324 Vesting Tentative Tract 2260 Page 18 of 21 o 85. All tract landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, bark, and drought tolerant plants. To the greatest extent possible,lav.n areas and areas requiring spray irrigation shall be minimized. Monitoring: Responsible Department: Timeframe: Review of landscaping plans Parks and Recreation Department Prior to construction of tract improvements 86. The following note shall be placed on grading and improvement plans for the Tract: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all Work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies an/or mitigation measures." Monitoring: Construction plans shall be reviewed prior to issuance of a grading or building permit to ensure the note is in place Public Works, Building Departments Prior to grading or building permit issuance Responsible Department: Timeframe: SPECIAL MITIGATION MEASURES A Environmental Impact Report (EIR) with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency as specified in Table M of the Final EIR. The applicant shall be responsible for obtaining verification in writing by the monitoring department or agency that the mitigation measures have been implemented. 87. (Mitigation B1) Prior to recording the map for Phase 1, the stormwater basin on Lot 181 shall be designed to store runoff from a 1 DO-year rainfall event. The ~ basin shall be sized to store the runoff from either a 24 hour storm, or from extended rainfall patterns with consideration for the percolation rate (6 inches per day), whichever requires the larger volume. For the purposes of this condition, the rainfall pattern from the winter of 1997-98 may be used as the basis for the extended duration analysis. . 88. (Mitigation B1) Prior to recording the map for Phase 1, the stormwater basin shall be sized to collect all runoff from Subarea 1 (Tract 2260), Subarea 2 (Toma), the residential portion of Subarea 3 (Matsumoto), and the existing tributary runoff from the existing residential lots to the east of Tract 2260. '. ,- ... ~ Resolution No. 3324 Vesting Tentative Tract 2260 Page 19 of 21 89. (Mitigation B2) Prior to recording the map for Phase 1, the existing Poplar Street basin will have capacity lost due to the widening of Courtland Street Offset the lost capacity by either providing an offsetting enlargement of the Poplar basin, or by designing the Tract 2260 basin to accommodate the resulting overflow. 90. (Mitigation C1) Prior to issuanceofa grading permit" all the Eucalyptus trees along the western project boundary shall be removed. . Tree removal permits shall be obtained from the cities of Grover Beach and Arroyo Grande. 91. (Mitigation C2) Prior to issuance of a grading permit, all storage tanks shall be removed in accordance with all Federal and State regulations. Verification of . properly removing the tanks shall be provided to the Fire Chief. . 92. (Mitigation C3) Prior to issuance of a grading permit, all potentially hazardous supplies in the existing agricultural structures and non-operationalmotorvehicles shall be removed and disposed of in accordance with all Federal and. State regulations. Verification of proper disposal shall be provided to the Fire Chief. 93. (Mitigation D1) Prior to recording the map for .Phase 2,. construct the Cedar Street extension to Spruce Street . 94. . (Mitigation D2) Prior to recording the map for Phase 1,Courtland Street shall be designed along the park frontage to provide adequate sight distance. Install 3-way stop signs at the intersections with Huckleberry and Loganberry. Design Courtland south of Loganberry and north of Huckleberry to a minimum design speed of 25 mph. Design Courtland between Loganberry and Huckleberry to a minimum design speed of 20 mph, and install speed limit signs accordingly. 95. (Mitigation D3) Prior to recording the map for Phase 1, Courtland Street, from the northerly boundary of Tract 2260 to Grand Avenue, shall be constructed to be a partial width of a future collector street, including the following: a. Construct a minimum 32 feet wide portion of a total future 44 feet street width from curb to curb. b. Construct a 6 feet wide attached concrete sidewalk with concrete curb and gutter on one side of the street c. Construct a temporary six-inch AC berm along the other edge, offset to provide the full 32 feet width. d. The design shall accommodate future widening and the addition of future curb, gutter and sidewalk on the other side of the road. e. Provide right of way as required to construct the improvements. The minimum interim right of way shall be to the back of sidewalk on one side, and 2 feet beyond the back of berm on the other. Additional right of way dedication will be required of the adjacent commercial parcels, consistent with the City standards for Collector streets. Resolution No. 3324 Vesting Tentative Tract 2260 Page 20 of 21 f. Signed for no parking until the full street width is improved. g. 35 mile per hour design speed. h. Traffic Index for Structural Section Design shall be 6.5 96. (Mitigation 04) Prior to recording the map for Phase 1, the construction of Courtland Street shall include turn lanes at Grand Avenue. The Courtland Street approach shall have 12 feet wide separate left turn/through and right turn lanes. Widen the improvements and right of way of Courtland at Grand Avenue to as required by the City Engineer. The Courtland Street intersection shall line up with the improvements across Grand Avenue, to the satisfaction of the City Engineer. 97. (Mitigation 05) Prior to recording the map for Phase I, the driveways for Lots 34 and 83 shall be restricted to the locations shown on the approved tentative map. 98. (Mitigation 06) Prior to recording the map for Phase I, the alley access for the Patio Homes shall be a minimum of 20 feet wide curb to curb, and a minimum of 24 feet from face of garage to the far edge of the opposing driving lane. No parking shall be allowed in the alley/access lanes. 99. (Mitigation 07) No lots within Tract 2260 shall have driveway access to Courtland Street. This shall be noted as a restriction on the map. The driveways for Lots 60 and 75 shall be common driveways with Lots 59 and 76 as shown on the tentative map. 100. (Mitigation E1) Prior to issuance of building permits, the applicant shall submit building plans indicating the locations of exterior patio areas for Patio Homes adjacent to Oak Park Blvd. The plans shall demonstrate that the height of the solid block wall will intercept the line of sight from the vehicular source to the patio area. The requirement for a solid block wall may be eliminated if the applicant can demonstrate that the exterior patio areas would not exceed 60 dBA. 101. (Mitigation E1) Prior to issuance of building permits, building plans shall be submitted indicating the wall insulation for the Patio Home Residences adjacent to Oak Park Blvd. is adequate to reduce interior noise levels to 45 dBA or less. 102. (Mitigation F1) The Fire Department shall monitor the number of calls in relation to Department staffing levels. The Fire Chief shall report annually to the City Council, as part of the budget review process, and make recommendations on needed personnel and equipment necessary to maintain adequate service levels. 103. (Mitigation F2) The Police Department shall monitor the number of calls in relation to . Department staffing levels. The Police Chief shall report annually to the City Council, as part of the budget review process, and make recommendations on . - ~ . ,. -.'. I' -~ , Resolution No. 3324 Vesting Tentative Tract 2260 Page 21 of 21 needed personnel and equipment necessary to maintain adequate service levels. . 104. . (Mitigation G1) Prior to issuance of a grading pennit for Phase 1, an' . archaeologist shall perform a small-scale subsurface testing program to define the '. presence or absence of additional cultural materials. If cultural materials are found, , the nature of the materials shall be documented in accordance'with the Appendix G of the California Environmental Quality Act. -.1, 105. (Mitigation AQ1) Prior to issuance of a grading pennit for Phase 1, a Dust . Control Plan shall be submitted in conformance with the . standard mitigations contained in the APCD CEQA Air Quality Handbook Item .6.4,PM1 0 Mitigation Measures. 106. (Mitigation S1) Prior to issuance of building pennits, the project applicant shall enter into an agreement with the Lucia Mar Unified School District that provides for full mitigationof the project's impact to school facilities, and shall'provide.proof of such an agreement. bgsp'/'eso'lract22EO