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R 3955 RESOLUTION NO. 3955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION,. INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING VESTING TENTATIVE TRACT MAP CASE NO. 05-003 AND PLANNED UNIT DEVELOPMENT CASE NO. 05-007, APPLIED FOR BY CENTRAL COAST REAL ESTATE DEVELOPMENT FOR PROPERTY LOCATED. ON FAIR OAKS AVENUE (EAST OF ARROYO GRANDE COMMUNITY HOSPITAL) WHEREAS. the City Council 6f the City of Arroyo Grande has considered Vesting Tentative Tract Map 05-003 and Planned Unit Development 05-007, filed by Central Coast Real Estate Development. for a mixed-use development proposed in two phases on a 5.5-acre site. Phase I includes thirty (30) 2-story town homes (41 density equivalent units) and a 46,175 square foot open space lot, and Phase II conceptually includes up to 40,000 square feet of medical office space on four (4) parcels with surface parking. Phase II will 'be subject to separate discretionary approval and associated environmental review; and WHEREAS, the City Council has held a public hearing on this application in accordance with City Code; and WHEREAS, the City Council finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has reviewed the draft Negative Declaration with mitigation measures under the provisions of the Califomia Environmental Quality Act (CEQA); and WHEREAS. the City Council finds, after due study, deliberation and public hearing, the . following circumstances exist: Tentative Tract Map Findings: 1 . The proposed tentative tract map is consistent with the goals. objectives, policies, plans, programs. intent. and requirements of the General Plan map and text and the requirements of the Development Code because the tentative map would allow the project area to be developed at a density and with uses that are consistent with the City's General Plan Land Use Element and Design Development Overlay Office Mixed Use (OMU-D-2.20) zoning district. 2. The site, as shown on the tentative tract map, is physically suitable for the type of development and density proposed because all necessary easements, access, parking, open space, and setbacks can be provided. 3. The design of the tentative ,tract map or the proposed improvements are not likely to cause substantial damage to the natural environment, including fish, wildlife or their habitat, with implementation of mitigation measures contained in the Mitigated Negative Declaration. RESOLUTION NO. 3955 PAGE 2 4. The design of the subdivision or proposed improvements is not likely to cause public health problems because adequate sewer, water, and drainage facilities are provided. 5. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative tract map 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. The property has access to public roads. 6. 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) ofthe California Water Code. 7. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. The tentative tract map is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities. Planned Unit Development Permit Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. The proposed development of forty-one (41) density equivalent units is allowed in OMU-D-2.20. 2. The project site is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. The proposed development provides an adequate amount of open space based on the proposed density: The development has been designed so that each unit has an average of 300 square feet of private open space and approximately 50% of the total project area will be dedicated to common open space. Additionally, the proposed development exceeds minimum required parking standards. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. The proposed development is adjacent or in close proximity to all necessary public services. The proposed development will not cause a reduction in these services or other properties in the vicinity so as to be a detriment to public health, safety or welfare. RESOLUTION NO. 3955 PAGE 3 5. The proposed developmel'!t, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing single-family residential, hospital and medical office uses in the surrounding area. 6. The improvements required, and the manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional. development standards. The proposed development provides a more efficient use of the land than could be achieved through the strict application of the OMU-D-2.20 zoning district by allowing the property to be subdivided in a .manner consistent with and reflective of allowed density, while providing an adequate amount of open space and all necessary parking. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the Califomia Environmental Quality Act (CEQA), for Vesting Tentative Tract Map No. 0&-003 and Planned Unit Development 05-007. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a Mitigated Negative Declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE. BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the director of Administrative Services to file a notice of determination, and approves Vesting Tentative Tract Map No. 05-003 and Planned Unit Development No. 05-007, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. 3955 PAGE 4 BE IT FURTHER RESOLVED that this Resolution shall take effect upon the effective date of Ordinance No. 581, revising land use regulations for Design Development Overlay District OMU-D-2.20 within the Office Mixed Use District. On a motion by Council Member Costello, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: NOES: ABSENT: Council Members Costello, Guthrie, Dickens, Arnold, and Mayor Ferrara None None the foregoing Resolution was adopted this 26th day of September 2006. RESOLUTION NO. 3Q56' PAGE 5 RA, MAYOR TONY M. E ATTEST: , DIRECTOR OF ADMINISTRATIVE SERVICES! CITY CLERK APPROVED AS TO CONTENT: ~~~ APPROVED AS TO FORM: RESOLUTION NO. 3955 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 05-003 & PLANNED UNIT DEVELOPMENT 05-007 Central Coast Real Estate Development Fair Oaks Avenue (east of Arroyo Grande Community Hospital) COMMUNITY DFVFI OPMENT DEPARTMENT GFNFRAL CONDITIONS This approval authorizes the subdivision of a 5.5-acre property into thirty-five (35) parcels for construction of a phased mixed-use project. Phase I includes thirty (30) town homes (41 density equivalent units) and a 46,175 square foot open space lot, and Phase II conceptually includes up to 40,000 square feet of medical office floor area with surface parking. Phase II will be subject to separate discretionary approval and associated environmental review as required by law. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Vesting Tentative Tract Map No. 05-003 and Planned Unit Development No. 05-007. 3. This Tentative Map and Planned Unit Development shall automatically expire on September 26, 2008 unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of September 26,2006 and marked Exhibits "B-1 through B-14" on file in the Administrative Services Department. 5. The applicant shali agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. Development shall conform to the OMU-D-2.20 zoning requirements except as otherwise approved. SPECIAL CONDITIONS 7. Similar to MM 1.2, the applicant shall return to the Architectural Review Committee to consider final colors and materials prior to issuance of building permit. Stamped concrete shall be used in the private road and driveways, limiting the use of asphalt. Smooth plaster finish shall be used for the structures. RESOLUTION NO. 3955 PAGE 7 8. The north end of Woodland Drive shall be narrowed to a width of twenty feet (20') for a distance of approximately seventy feet (70') to allow access for pedestrians and cyclists. Otherwise, Woodland Drive shall be constructed to a width of forty feet (40') with sidewalks on both sides and street front trees shall be 24" box and located ata minimum of (1) tree for every thirty-five feet (35') of street frontage. 9. The Final Tract Map shall show an irrevocable offer to dedicate Lot 31 to the City. NOIRF 10. Similar to MM 8.1, Construction shall be limited to between the hours of 8am and 6pm Monday through Saturday. No construction shall occur on Sunday. DFVFI OPMFNT com: 11. Development shall conform to the Office Mixed Use (OMU-D-2.20) zoning requirements except as otherwise approved. 12. All fences and/or walls shall not exceed six feet (6') in height unless otherwise approved with a Minor Exception or Variance application. 13. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 14. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." PRIOR TO ISSUANCE OF GRADING PERMIT 15. All walls, including screening and retaining walls, shall be compatible with the approved architecture and 'Development Code Standards, and shall be no more than 3 feet in height in the front setback area, subject to the review and approval of the Community Development Director. PRIOR TO RECORDING THE FINAL MAP 16. The applicant shall submit final Covenants, Conditions and Restrictions (CC&R's) that are administered by a subdivision homeowners' association and formed by the applicant for operation, maintenance and repair of common areas within the subdivision. The CC&R's shall be reviewed and approved by the City Attomey and recorded with the final map. 17. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and RESOLUTION NO. 3955 PAGE 8 Parks and Recreation Departments. The landscaping plan shall include the following for all public street frontages and common landscaped areas: (1) Tree staking, soil preparation and planting detail; (2) The use of landscaping to screen ground-mounted utility and mechanical equipment; (3) The required landscaping and improvements. This includes: i. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; ii. 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 iii. All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material. iv. An automated irrigation system. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 18. All fencing shall be installed. PARKS AND RECREATION DFPARTMFNT CONDITIONS 19. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 20. Linear root barriers shall be used at the front of the project to protect the sidewalks. 21. All street front trees shall be 24-inch box and shall be located a minimum 'of one (1) tree for every thirty-five feet (35') of street frontage. 22. Prior to issuance of building permit, the applicant shall submit a trail improvement plan (same as MM 11-2). RIIII DING AND FIRF DFPARTMFNT CONDITIONS IIRC/lIFC 23. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. . 24. The project shall provide complete compliance with State and Federal disabled access requirements. Per S.B. 1025, 10% of the primary entry levels of multistoried dwelling units must comply with the HCD's accessibility provisions. RESOLUTION NO. 3955 PAGE 9 25. The applicant shall show all setback areas for each lot on the tentative tract map prior to map recordation. FIRF I ANFR 26. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 27. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRF FI OW/FIRF HVnRANTR 28. Project shall have a fire flow based on the Califomia Fire Code Appendix III-A. 29. Prior to bringing combustibles on site, fire hydrants shall be installed per Fire Department and Public Works Department standards. Locations shall be approved by the Fire Chief. FIRF RPRINKI FRR 30. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 31. The project shall provide Fire Department approved access or sprinkler system per National Fire Protection Association Standards. OPTICOM nEVICF 32. An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements as determined by the Director of Building & Fire if a signal is installed. ARANnONMFNT/NON-CONFORMINr. 33. Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. OTHFR APPROVAl R 34. The project shall comply with Federal and local flood management policies. 35. Any review costs generated by outside consultants shall be paid by the applicant. RESOLUTION NO. 3955 PAGE 10 PUBLIC WORKSnFPARTMENT CONnlTIONS All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. 36. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: ' (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (8) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. . (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific RESOLUTION NO. 3955 PAGE 11 development. 37. Fees to be paid prior to plan approval: (1) Plan check for grading plans based on an approved earthwork estimate. (2) Plan check for improvement plans based on an approved construction cost estimate. (3) Permit Fee for grading plans based on an approved earthwork estimate. (4) Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. PI JRLlC WORKR nFPARTMENT RPFCIAI CONnlTIONR All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. 38. The applicant shall revise the sewer main relocation out to the Woodland Drive Extension and then down to Fair Oaks Avenue. 39. Similar to MM 13.1, the project will pay the proportionate share to the following wastewater capital improvement projects: (1) Woodland Drive Upgrade (2.22%), 40. The project will dedicate the appropriate public water easements for the water lines and the hydrants. 41. The project will install additional sewer mains as necessary to serve the project. 42. All sewer mains shall be a minimum 8" in diameter with a minimum slope of .5%. 43. All sewer main intersections, grade breaks and directional changes shall occur at manholes. 44. The applicant shall remove all sanitary sewer manholes to the base and fill all abandoned mains with grout. 45. The applicant shall overlay Fair Oaks Avenue across the entire Phase I project frontage to the centerline with 1 Yo" asphalt. Where utility trenches cross the centerline, the overlay shall extend to the opposite gutter. 46. The project will run a water main through the site, connecting the water main underneath Fair Oaks Avenue to the water main underneath Cerro Vista Circle. 47. The project will install water mains on-site as necessary to serve the units and fire hydrants. 48. The project will install fire hydrants to Public Works and Fire Department RESOLUTION NO. 3955 PAGE 12 requirements. 49. The applicant shall perform the South Alpine Water Main upgrade as outlined in the water master plan. The applicant shall enter into a reimbursement agreement with the City for any amount exceeding their proportional share. 50. All new water mains shall be a minimum 8" in diameter. 51. The applicant shall install wheel chair ramps at the intersection of Woodland Drive and Fair Oaks Avenue. 52. If feasible, the applicant shall install a drop inlet on the north side of Fair Oaks east of Woodland Drive. The drop inlet will connect to the existing storm drain line on the north side of the project site. 53. Similar to MM 6.2, the applicant shall install an inline fossil filter where the project storm drain line connects to the City storm drain line. 54. Similar to MM 4.3, the developer shall mitigate erosion at the outlet of the existing 48" storm drain line by contributing up to $15,000 and paying a pro-rata share thereafter. 55. Similar to MM 4.3, the developer shall remediate corrosion to the existing 48" corrugated metal pipe (CMP) storm drain line by contributing up to $15,000 and paying a pro-rata share thereafter. 56. The developer shall install the improvements at the intersection Fair Oaks Avenue and Woodland Drive per the project traffic study. PIJBLlC WORKS DEPARTMFNT STANDARD CONDITIONS GFNFRAI CONnlTIONS 57.' Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Public Works. 58. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. IMPROVFMFNT PI ANS RESOLUTION NO. 3955 PAGE 13 59. All project improvements shall be designed by a registered civil engineer in the State of Califomia and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 60. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and one (1) electronic copy on CD in AutoCAD of approved improvement plans for inspection purposes during construction. 61. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 62. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: (1) Grading, drainage and erosion control, (2) Street paving, curb, gutter and sidewalk, (3) Public utilities, (4) Water and sewer, (5) Landscaping and irrigation, (6) Any other improvements as required by the Director of Public Works. 63. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. 64. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 65. The site plan shall include the following: (1) The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. (2) The location, quantity and size of all existing and proposed sewer laterals. (3) The location, size and orientation of all trash enclosures. (4) All existing and proposed parcel lines and easements crossing the property. (5) The location and dimension of all existing and proposed paved areas. (6) The location of all existing and proposed public or private utilities. WATFR 66. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 67. Existing water services to be abandoned shall be property abandoned and capped at the main per the requirements of the Director of Public Works. RESOLUTION NO. 3955 PAGE 14 68. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: (1) Implement an individual water program consisting of retrofitting existing off- site high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, (2) The applicant may pay an in lieu fee of $2,200 for each new residential unit. 69. All units to be sprinklered shall have individual water services. SEWFR 70. All sewer laterals within the public right of way must have a minimum slope of 2%. 71. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 72. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 73. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. , ' PURl Ie UTI! ITIFS 74. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 75. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. All utility companies shall sign the improvement plans prior to final submittal. 76. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STRFFTS 77. All street repairs shall be constructed in accordance with the City Street cut policy. 78. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 79. Street structural sections shall be determined by an R-Value soil test, but shall not RESOLUTION NO. 3955 PAGE 15 be less than 3" of asphalt and 6" of Class II AB. CIJRB GlJTTFR ANn SIDEWAI K 80. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 81. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRAnlNG 82. Perform all grading in conformance with the City Grading Ordinance. 83. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. 84. The applicant shall prepare an erosion control plan for review and approval prior to issuance of a grading permit. 85. The applicant shall obtain a WDID No. from the Regional Water Quality Control Board prior to issuance of a grading permit. nRAINAGF 86. All drainage facilities shall be designed to accommodate a 100-year storm flow. 87. All drainage facilities shall be in accordance with the Drainage Master Plan. 88. The applicant shall provide detailed drainage calculations indicating that increased run-oft can be accommodated by existing facilities and/or provide on-site retention basins, to the satisfaction of the Director of Public Works. 89. The grading and drainage plans shall be. reviewed by the Coastal San Luis Obispo Resource Conversation District. The applicant shall reimburse the City for this review. nFnlCATIONS ANn FASFMFNTS 90. All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard forms, and shall include legal descriptions, sketches, closure calculations, and a current preliminary title report. The applicant shall be responsible for all required fees, including any additional required City processing. 91. Street tree planting and maintenance easements shall be dedicated adjacent to all RESOLUTION NO. 3955 PAGE 16 street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. 92. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 93. A blanket Public Utility Easement (PUE) shall be dedicated over the project driveways. 94. Any lots adjacent to the Woodland Drive extension shall be denied direct access to Woodland Drive. PFRMITS 95. Obtain an encroachment permit prior to performing any of the following: (1) Performing work in the City right of way, (2) Staging work in the City right of way, (3) Stockpiling material in the City right of way, (4) Storing equipment in the City right of way. 96. Obtain a grading permit prior to commencement of any grading operations on site. AGRFFMFNTS 97. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 98. Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. 99. Easement Agreement: The applicant shall enter into an easement agreement with the City for the relocation of the existing sewer main prior to approval of the improvement plans. IMPROVFMFNT SFClJRITIFS 100. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 101. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 102. Provide financial security for the following, to be based upon a construction cost RESOLUTION NO. 3955 PAGE 17 estimate approved by the Director of Public Works: (1) Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, (2) labor. and Materials: 50% of the approved estimated cost of all subdivision improvements, (3) Monumentation: 100% of the approved estimated cost of placement of all subdivision monuments, (4) One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. OTHFR nOCUMFNTATION 103. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 104. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to checking the final submittal of the map. 105. CC&R's: The applicant shall submit detailed CC&R's covering the maintenance of all commonly owned facilities subject to the review and approval of the Director of Public Works and the City Attomey~ PRIOR TO IRRllING A BUll nlNG PERMIT 106. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO IRRUING A CFRTIFICATF OF OCCUPANCY 107. All utilities shall be operational. 108. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. 109. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. RPFCIAI CONnlTIONR 110. Phase II shall be developed as medical office space with surface parking that satisfies all mixed-use development standards for the OMU district and Design Overlay OMU 0-2.20, subject to approval of a Conditional Use Permit and related environmental analysis. RESOLUTION NO. 3955 PAGE 18 111. To ensure that Phase II is. developed pursuant to hospital facility needs, prior to recordation of the final tract map, the applicant shall provide the City with an option to purchase agreement for the Phase II property, between the property owner and Catholic Healthcare West, subject to approval of the City Attorney. RESOLUTION NO. 3955 PAGE 19 MITI(';ATION MFASIIRFS A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. MITIGATION MEASIJRFS' MM 1.1: The applicant shall submit a lighting plan verifying that all exterior lighting for the development is directed downward and does not create spill or glare to adjacent properties. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - COD; Police Dept. Prior to issuance of building permit MM 1.2: Exterior lighting for the pedestrian trail shall be low intensity, low height and shielded to prevent illumination of creek habitat and adjacent residents. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - COD; Police Dept. Prior to issuance of Building Permit MM 1.3: Similar to condition of approval no. 7, the applicant shall submit final exterior colors and materials of the town homes for Architectural Review Comr:nittee approval. The colors shall blend as much as possible with the surrounding environment. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - COD Prior to issuance of building permit MM 2.1: All new property owners within the subdivision must sign a Real Estate Transfer Disclosure indicating that they acknowledge and agree to the provisions contained in the City's Right-To-Farm Ordinance. Responsible Party: Monitoring Agency: Timing: Developer; Real Estate Agent City of Arroyo Grande - COD Prior to close of escrow MM 2.2: The applicant shall mitigate the loss of 0.74 acres of non-prime agricultural soils by providing replacement land at a 1 to 1 ratio or paying an in-lieu fee of $4,151 to be used for the preservation of agricultural lands. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - COD, Building and Fire Dept. Prior to issuance of building permit RESOLUTION NO. 3955 PAGE 20 ConstnJction PhRse Fmissions The project shall comply with all applicable Air Pollution Control District (APCD) regulations pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the following regulations: MM 3.1: All dust control measures listed below (MM 3.2 - 3.6) shall be followed during construction of the project and shall be shown on grading and building plans. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such person(s) shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. MM 3.2: During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent airborne dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water should be used whenever possible. MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. MM 3.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. MM 3.6: Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible. MM 3.7: To mitigate the diesel PM generated during the construction phase, all construction equipment shall be properly maintained and tuned according to manufacturer's specifications. The measures below (MM 3.8 - 3.10) shall be clearly identified in the project bid specifications so the contractors biding on the project can include the purchase and installation costs in their bids. MM 3.8: All off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled exclusively with California Air Resources Board (ARB) motor vehicle diesel fuel. RESOLUTION NO. 3955 PAGE 21 MM 3.9: To the maximum extent feasible, the use of diesel construction equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty diesel engines. MM 3.10: Unless otherwise approved by APCD, the developer shall install catalytic diesel particulate filters or Diesel oxidation catalyst on two (2) pieces of construction equipment involved in primary earth moving and construction activities and projected to generate the greatest emissions. APCD staff shall be included in the selection of candidate equipment along with a representative of the contractor. MM 3.11: If utility pipelines are scheduled for removal or relocation, or building(s) are removed or renovated, this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include, but are not limited to: 1) notification requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos Inspector, and 3) applicable removal and disposal requirements of identified asbestos containing material. MM 3.12: Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the APCD. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxins Control Measure (ATCM) regulated under by the California Air Resources Board (ARB). Responsible" Party: Monitoring Agency: Developer City of Arroyo Grande - Public Works Dept., Building and Fire Department; APCD Prior to issuance of Grading Permit and during construction Timing: OpAr;:!tion;:!1 Ph;:!SA Fmissions MM 3.13: To encourage walking within the development and provide a safer pedestrian environment, the applicant shall use textured and/or colored concrete at pedestrian crossings. MM 3.14: Where feasible, provide continuous sidewalks separated from the roadway by landscaping with adequate lighting, especially at intersections. MM 3.15: Provide shade tree planting along southem exposures of buildings to reduce summer cooling needs. MM 3.16: Provide sodium streetlights, or equivalent energy efficient lighting acceptable to APCD. MM 3.17: Orient homes to maximize natural heating and cooling. RESOLUTION NO. 3955 PAGE 22 MM 3.18: Provide outdoor electrical outlets on homes to encourage the use of electric appliances and tools. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works Dept., and Building & Fire Dept.; APCD Prior to issuance of Building Permit MM 4.1 : The developer shall. record an open space agreement and twenty-five foot (25') creek easement on the property measured from top of bank. No development shall occur within 25' creek setback area. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works Dept. Prior to Grading Permit MM 4.2: In addition to native ground covers and perennial grasses, the final landscape plan shall incorporate native riparian and upland shrubs and trees such as Sycamore, Coast Live Oak, Coffeeberry, Elderberry and Toyon in the recreational trail easement to increase habitat cover for wildlife and add forage value and roosting sites. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - CDD; Parks, Recreation and Facilities Dept. Prior to issuance of Building Permit MM 4.3: Similar to conditions of approval no. 54 and 55, the developer shall mitigate erosion at the outlet of the existing 48" corrugated metal pipe (CMP) storm drain line and remediate corrosion to the 48" CMP storm drain line. Should a Streambed Alteration Permit be required from CDFG to mitigate said erosion at the outlet of the CMP, and where the permit includes more stringent conditions than the City's erosion control measures, the more stringent requirements shall be used. A soils report shall be submitted that analyzes the stability of the bank at the outfall location. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Public Works Dept.; CDFG Prior to issuance of Grading Permit and during construction MM 4.4: A qualified biologist shall perform one pre-construction survey for southwestern pond turtles immediately prior to initiation of site grading and culverUoutfall structure construction. If southwestern pond turtles are observed within an area to be disturbed they shall be relocated out of harms way to an appropriate area immediately upstream or downstream of the project area within Arroyo Grande Creek. RESOLUTION NO. 3955 PAGE 23 Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to and during start of construction. MM 4.5: All tree removal shall be limited to the time period of September 1st to March 1st, which is considered to be outside the typical breeding season for birds. If it is not feasible to avoid the bird-nesting season and trees will be removed between March 1st and September 1st, a pre-construction survey for nesting birds shall be performed by a qualified biologist. If active birds nests are located during pre-construction surveys within the project area subject to tree removal or ground disturbance, the nest site shall be avoided until the adults and young are no longer reliant on the nest site for survival as determined by a qualified biologist. If determined necessary by a qualified biologist, a non-disturbance buffer zone shall be established around each nest for the duration of the breeding season until such time as the adults and young are no longer reliant on the nest site for survival as determined by the qualified biologist. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to issuance of Grading Permit MM 4.6: A Riparian Habitat Restoration Plan (RHRP) shall be prepared by a qualified landscape architect or restoration biologist experienced in native habitat restoration for any work performed within the dedicated open space 25-foot creek setback area. The RHRP shall include at a minimum a detailed planting plan for the 25- foot setback area and for all disturbed areas from repairing the CMP and installing rock slope protection. The RHRP shall also include at a minimum the number of other native trees impacted and location of replacement plantings, specific plant species palette, a non-native species r~moval plan, success criteria, a five-year monitoring program, and contingency measures to ensure meeting the success criteria. The RHRP shall also include an erosion control plan and Best Management Practices (BMPs) for all disturbed areas within the 25-foot creek setback and exposed banks. The erosion control seed mix for the riparian setback area shall be composed exclusively of native species. Any work performed within the creek channel or creek bank is subject to an approved Streambed Alteration Agreement with the Ca. Dept. of Fish and Game. Responsible Party: Monitoring Agency: Timeframe: Developer shall submit the RHRP to the City City of Arroyo Grande - COD; CDFG The RHRP shall be submitted and approved prior to issuance of Grading Permit; duration of monitoring shall be no less than five (5) years. MM 4.7: To increase riparian functions and values, the applicant shall submit a final landscape plan that incorporates native riparian and upland shrubs and trees such . as Sycamore, Coast Live Oak, ;Coffeeberry, Elderberry and Toyon along the top of creek bank and within the recreational trail easement. Native ground covers and perennial grasses shall also be incorporated throughout the project. The CC&Rs shall include insurances that the landscaping is sufficiently maintained. RESOLUTION NO. 3955 PAGE 24 Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - COD, PR&F (Parks, Recreation and Facilities Dept.) Prior to issuance of building permit. MM 4.8: Any native trees intentionally or unintentionally killed or removed that are greater than or equal to four (4) inches diameter at breast height (DBH) and less than twelve (12) inches DBH shall be replaced at a 3:1 ratio. Trees removed that are greater than or equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio. Replacement trees shall be limited to in-kind replacement of appropriate native tree species as approved by the City Parks, Facilities and Recreation Department's arborist. All trees to be removed shall be clearly marked on construction plans and marked in the field with flagging or paint. All trees to be retained shall be clearly identified on construction plans and marked in the field for preservation with highly visible construction fencing at a minimum around the drip line of the trees to be retained. Native riparian trees intentionally or unintentionally impacted shall be replaced within the 25-foot riparian setback area. Native trees impacted outside the riparian zone can be replaced within the riparian setback area or incorporated into the development landscaping plan. Responsible Party: Monitoring Agency: Timeframe: City of Arroyo Grande - COD, PR&F City of Arroyo Grande - COD and PR&F During construction MM 4.9: Fruit trees shall be included in the final landscape plan for use by project residents to encourage sustainable development. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD and PR&F Prior to issuance of Building Permit MM 5.1: A qualified archaeologist shall be retained to monitor all grading activities. The monitor shall work closely with construction crews in close proximity to earth moving equipment in order to investigate and evaluate exposed materials immediately upon exposure and prior to disturbance. A daily log shall be maintained by the monitor to record when and where earth-moving activities take place within the project area, as well as the presence/absence of archaeological materials in the monitored matrix. In the event that prehistoric cultural materials, or historic cultural materials are encountered, work in the immediate vicinity of the finds shall be suspended and the archaeologist allowed to quickly record, collect, and analyze any significant resources encountered. The client and the City shall be notified should resources meeting CEQA significance standards be discovered. The archaeologist shall work as quickly as possible to permit resumption of construction activities. It is preferred that location data of finds be recorded using a hand-held global positioning system (GPS) receiver. In the RESOLUTION NO. 3955 PAGE 25 event that human remains (burials) are found, the County Coroner (781-4513) shall be contacted immediately. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she will contact by telephone within 24 hours the Native American Heritage Commission. Following the field analysis work, the qualified archaeologist shall prepare. final monitoring/mitigation report that includes a description of the methods used, materials recovered, and the results of historic or prehistoric analysis of those materials.; The final archaeological monitoring/mitigation report prepared by the qualified archaeologist shall be accepted by the Community Development Director prior to submittal to the repository and issuance of any final occupancy for the project. A copy shall be provided to the Community Development Director for retention in the project file. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works Dept. During grading and construction activities (monitoring); prior to issuance of a Building Permit (final report) MM 6.1: The recommendations provided in the Soils Engineering Report prepared by GeoSolutions, Inc. dated September 23, 2005 shall be incorporated into the project plans and specifications (in particular pgs. 5-~ 1 of the Report). Final improvement plans submitted to the City shall be accompanied by a letter of certification from the civil engineer that the plans are in conformance with the soils report, and the certification shall confirm that the plans include the following: . The project shall be designed to withstand ground shaking associated with a large magnitude earthquake on nearby active faults. . All proposed structures shall be designed to conform to the most recent Uniform Building Code (UBC) Zone 4 guidelines. . The project shall comply with the requirements of the City's Grading Ordinance. . Site-specific specifications regarding clearing, site grading and preparation, footings, foundations, slabs-on-grade, site drainage, and pavements or turf block shall be delineated. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Grading Permit MM 6.2: An inline system shall be installed to clean storm water runoff prior to entering the creek. The City will maintain the inline system. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works Dept. Prior to issuance of Building Permit RESOLUTION NO. 3955 PAGE 26 MM 8.1: Similar to condition of approval no. 10, construction activities shall be restricted to the hours of 8 a.m. and 6 p.m. Monday through Saturday. No construction shall occur on Sunday. On-site equipment maintenance and servicing shall be confined to the same hours. MM 8.2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. . MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas shall be placed in a central location as far from existing residences as feasible. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD, Public Works Dept. During construction MM 9.1: Fifteen percent (15%) of new units constructed shall be sold to qualified families earning a moderate-income (based on the City's affordable housing standards). The developer shall pay an affordable housing in-lieu fee for any fraction of a unit. An affordable housing agreement between the City and developer shall be recorded that stipulates the details of the terms and conditions for producing and selling affordable ownership housing within the project. Said agreement shall be reviewed and approved by the Community Development Director and City Attorney, and shall be recorded prior to recordation of the final tract map. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD, City Attorney Prior to recordation of the Final Tentative Tract Map MM 10.1: The applicant shall pay Lucia Mar.Unified School District impact fees. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Building & Fire Dept.; Lucia Mar Unified School District Prior to issuance of Building Permit MM 11.1: The developer shall pay all applicable City park development and impact fees. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Building & Fire Dept.; PR&F Prior to issuance of Building Permit MM 11.2: The applicant shall submit a public pedestrian trail improvement plan. RESOLUTION NO. 3955 PAGE 27 Responsible Party: Monitoring Agency: Tlmetrame: Developer City of Arroyo Grande - PR&F Prior to issuance of Building Permit MM 12.1: The developer shall pay the City's Traffic Signalization and Transportation Facilities Impact fees. Responsible Party: Monitoring Agency: Timetrame: Developer City of Arroyo Grande - Building & Fire Dept.; Public Works Dept. Prior to issuance of Building Permit MM 13.1: The applicant shall pay the project's proportionate share to the following wastewater capital improvement project: . Woodland Drive Upgrade (2.22%) Responsible Party: Monitoring Agency: Timetrame: Developer City of Arroyo Grande -Public Works Dept. Prior to issuance of Building Permit MM 13.2: The developer shall pay the City's sewer hookup and SSLOCSD impact fees. Responsible Party: Monitoring Agency: Timetrame: Developer City of Arroyo Grande - Building & Fire Dept.; Public Works Dept. Prior to issuance of Building Permit MM 14.1: The applicant shall submit a Storm Water Pollution Prevention Plan (SWPPP) and Erosion Control Plan that specifies the implementation of Best Management Practices to avoid and minimize water quality impacts as required by the Regional Water Quality Control Board (RWQCB). At a minimum, the SWPP and Erosion Control Plan shall include: . Designation of equipment and supply staging and storage areas at least 200 feet from the outside edge of the Arroyo Grande Creek 25-foot setback area. All vehicle parking, routine equipment maintenance, fueling, minor repair, etc., and soil and material stockpile, shall be done only in the designated staging area. . Major vehicle/equipment maintenance, repair, and equipment washing shall be performed oft site. . A wet and dry spill clean up plan that specifies reporting requirements and immediate clean up to ensure no residual soil, surface water or groundwater contamination would remain after clean up. . Designating concrete mixer washout areas at least 200 feet from outside edge of Arroyo Grande Creek 25-foot setback with the use of appropriate containment or reuse practices. \ RESOLUTION NO. 3955 PAGE 28 . A temporary and excess fill stockpile and disposal plan that ensures that no detrimental affects to receiving waters would result. . Requiring all grading and application of concrete, asphalt, etc. to occur during the dry season from April 15 to October 15. . Required site preparation and erosion control BMPs for any work that may need to be completed after October 15. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Grading Permit MM 14.2: To reduce erosion hazards due to construction activities, grading shall be minimized, and project applicants shall use runoff and sediment control structures, and/or establish a permanent plant cover on side slopes following construction. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Grading Permit MM 14.3: Work shall be completed during the dry season (April 15 to October 15) to reduce active construction erosion to the extent feasible. If construction must extend into the wet weather season, a qualified hydrogeologist or civil engineer shall prepare a drainage and erosion control plan that addresses construction measures to prevent sedimentation and erosion of Arroyo Grande Creek. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Grading Permit & during construction MM 14.4: Erosion control and bank stabilization measures shall be implemented for any work that requires access to the creek, subject to CDFG approval through a Streambed Alteration Permit. Responsible Party: Monitoring Agency: Tlmeframe: Developer City of Arroyo Grande - Public Works Dept.; CDFG During construction MM 14.5: All temporary fill placed during project construction shall be removed at project completion and the area restored to approximate pre-project contours. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of a Certificate of Occupancy MM 14.6: No construction debris or materials shall be allowed to enter the 25' creek setback area, directly or indirectly. Stockpiles shall be kept far enough from the banks of the active channel and protected to prevent material from entering the creek bed. RESOLUTION NO. 3955 PAGE 29 Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. During construction MM 14.7: An inline system shall be installed to clean storm water runoff prior to entering the creek. The City will maintain the inline system. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works Dept. Prior to issuance of Building Permit MM 14.8: The project shall comply with the City's required water conservation measures including any applicable measures identified in any applicable City Water Conservation Plans. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Building Permit MM 14.9: The project shall install best available technology for low-flow toilets, showerheads and hot water recirculation systems. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande -Building Dept. Prior to issuance of a Certificate of Occupancy MM 14.10: The final landscape plan shall show low-water use/drought resistant species and drip irrigation systems rather than spray irrigation systems. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - Parks, Recreation and Facilities Dept. Prior to issuance of Building Permit MM 14.11: The project plans shall include methods for collecting surface run-off from the site for use on landscaped areas to reduce water use and minimize run-off to the extent feasible. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande -Public Works Dept. Prior to issuance of Building Permit OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 3955 is a true, full, and correct copy of said Resolution passed and adopted at a regular' meeting of the City Council of the City of Arroyo Grande on the 26th day of September 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of September 2006. -' E, CITY CLERK