PC R 10-2105 _ RESOLUTION NO. 10-2105
IA RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE APPROVING PLANNED
UNIT DEVELOPMENT NO. 09-002 AND TENTATIVE
PARCEL MAP NO. 09-003 FOR PROPERTY LOCATED ON
PEARWOOD AVENUE; APPLIED FOR BY ROBERT
ZOGATA
WHEREAS, the applicant has filed Tentative Parcel Map (TPM) No. 09-003 to subdivide
a 0.87-acre parcel located at the terminus of Pearwood Avenue (APN 007-471-018) into
two (2) parcels of approximately 20,486 and 17,494 square feet; and
WHEREAS, in conjunction with Tract 3017 filed by the City of Arroyo Grande, the
applicant has filed Planned Unit Development (PUD) No. 09-002- to deviate from
minimum parcel size in the Residential Suburban (RS) zoning district for property having
slopes that exceed 7%; and
WHEREAS, in conjunction with Lot Line Adjustment No. 09-006, the applicant has offered
for dedication a forty foot (40') wide right of way for the purpose of road access to the
TPM 09-003 property and to the Tract 3017 property.
-- WHEREAS, the Planning Commission of the City of Arroyo Grande has considered TPM
No. 09-003 and PUD No. 09-002 at a public hearing on June 1, 2010 in accordance with
the Development Code of the City of Arroyo Grande; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and Development Code; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that a
Mitigated Negative Declaration can be adopted; and
WHEREAS, the Planning Commission finds, after due study., deliberation and public
hearing, the following circumstances exist:
Tentative Parcel Map Findings:
1. The proposed Vesting Tentative Parcel Map is consistent with the goals,
objectives, policies, plans, programs, intent, and requirements of the Arroyo
Grande General Plan and the requirements of the Development Code.
2. The design of the Vesting Tentative Parcel Map is not likely to cause substantial
environmental damage or substantially and avoidably injury to fish or wildlife or
I � their habitat.
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 2 OF 23 I
3. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
4. The discharge of waste from the project into an existing community sewer system
will not result in violation of existing requirements as prescribed in Division 7
(commencing with Section 13000) of the California Water Code.
5. Adequate public services and facilities exist or will be provided as a result of the
proposed Vesting Tentative Parcel Map to support project development.
6. The site is physically suitable for the type of development that exists in the
Residential Suburban zoning district.
7. The design of the Vesting Tentative Parcel Map or the type of improvements will
not conflict with easements acquired by the public at large for access through, or
use of, property with�n the proposed Vesting Tentative Parcel Map.
Planned Unit Development Findings:
PUD findings are based on the overall project, which includes Prezoning, Annexation
and proposed subdivision of the City-owned Tract 3017 property, and subdivision of the
subject TPM 09-003 property.
1. That the proposed development is consistent with the goals, objectives and
programs of the general plan and any applicable specific plan.
The PUD provides low-density residential cluster development between City
medium density and County low density existing development, reducing
density potential from County RS district and enabling urban services to small
edge annexation of City land. Provides more logical urban limif, permanent
open space and urban services per LU (Fringe) 1-1, LU 2-2, LU 9, LU 11-1
through 11-6.
2. That the site for the proposed development is adequate in size and shape to
accommodate the use and all yards, open spaces, setbacks, walls and
fences, parking area, loading areas, landscaping and other features required.
The PUD creates six (6) half acre size lots, each with designated building
areas that conform to yard, setback, and ofher RS and RH development
standards and allows for fences, parking, landscaping and other residential
improvements with a custom single family residence on each lot. The PUD
enables clustered development to preserve 3.5 acres of an 8.0 acre site as
permanent open space that includes the existing Pea►wood Ponding Basin
and is zoned PF. � �
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 3 OF 23
I 3. That 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.
The PUD provides for a short (less fhan 600 feet long) curved cul-de-sac
extension (Pearwood Hills Court) from the exisfing end of Pearwood Avenue
to avoid an additional intersection and access point from Huasna Road.
Pearwood Avenue has secondary emergency access only from Gularte
Road. Pearwood Hills Court conforms to hillside standard width and length
serving only six (6) additional homes (no street extension to unincorporated
Residential Suburhan area is allowed).
4. That adequate public services exist or will be provided in accordance with the
conditions of development plan approval to serve the proposed development
and that the approval of the proposed development will not result in the
reduction of such services to properties in the vicinity so as to be detrimental
to public health, safety or welfare.
The PUD, Tract 3017 and TPM 09-003 are subject to conditions of approval ,
to exfend access, water, sewer and other utilities and urban services to the
six (6) new homes. The PUD preserves 3.5 of 8 acres as permanent open
- space that includes the Pearwood Ponding Basin, as well as provides for
I more than 50% of each lot to remain in private open space. A plan for urban
services for the annexation was part of the LACFO approved application,
" further illusfrating adequate public services.
I
5. That the proposed development, as conditioned, will not have a substantial I
adverse effect on surrounding property or the permitted use thereof, and will �
be compatible with the existing and planned land use character of the
surrounding area.
See answers to #1 through #4 above. Additionally, as part of GPA/DCA 09-
001, the City prepared a Mitigated Negative Declaration to assure no
significant adverse impacts to natural and built environment, infrastructure or
services.
6. That the improvements required and the manner of development adequately
address all natural and manmade hazards associated with the proposed
development and the project site including, but not limited to, flood, seismic,
fire and slope hazards.
The PUD, Tract 3017 and TPM 09-003 were considered at a public hearing
and are subject to conditions of approval and environmental mitigation
relating to any potential hazard impacts. Areas subject to storm drainage
ponding, flooding, and all seismic, fire safety an.d slope hazard mitigation
were included. See answer to #5 as well.
RESOLUTION NO. 10-2105 �
TPM 09-003; PUD 00-002
PAGE 4 OF 23
7. The proposed development carries out the intent of the PUD 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.
Both the Residential Hillside zoning district and the Planned Unit
Development permit process encourage "cluster' development to protecf the
. natural environment, avoid site constraints, and provide for and profect rural
character and lifestyle. As explained in answers #1 through #6, the PUD 09-
002 preserves 43% of the 8 acre site as permanent open space including fhe
Pearwood Ponding Basin and creates a more logical urban edge and
transition to County Residential Suburban subdivision. Conventional City
Single Family or Residential Suburban subdivision such as adjoining Tracts
1187 and 162, including Pearwood Avenue and Zogata Way would have
enabled 2.5 to 4.5 dwelling units per acre and lot sizes of 7,200 s.f. to 12,000
s.f. minimum, resulting in double or triple the number of homes proposed
(from 16 to 24 units versus the project 6 units). Even the County Residential
Suburban subdivision sfandards would allow for up to 24 additional units
outside the Cify, but involving an additional street access to Huasna Road,
considering adjoining undeveloped Klempke and City properties if not
annexed.
� 8. The proposed development complies with all applicable performance
- standards listed in Section 16.32.050(E).
See expanded answer in following section of PUD 09-002 regarding
Additional Performance Standards.
9. The clustering of dwelling units is approved pursuant to a specific plan,
planned unit development or similar mechanism.
PUD 09-002 is intended to enable both Tract 3017 and TPM 09-003 subject
to Planning Commission approval of conditions and mitigation measure
requirements.
10. The overall permitted density of the project area is not exceeded
� The 0.87 acres of City Residential Suburban permits 2.5 du per gross acre
and the 7.16 acre of Residential Hillside and Public Facility district provide for
1 du per 1.5 gross acres. Therefore, the six (6) proposed homes conforms
to overall permitted density and as explained in answer#7, reduce potential
compared to altemative, conventional subdivision standards.
11. The resulting project will not require a greater level of public services and
facilities than would an equivalent non-clustered project. - -
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 5 OF 23
IThe PUD will cluster six (6) home sites on a sho►t curved cul-de-sac enabling
� more efficienf provision of public services and prov�de permanent open space
including the Pearwood Ponding Basin. As explained in answer #7, the
permanent urban limit provided by fhe RH zoned PUD proposes fewer homes
than non-clustered RS or SF altemative or County RS c/uster development
potential if not annexed.
12. The result of clustering residential units is a more desirable and
� environmentally sensitive development plan which creates usable open
space areas for the enjoyment of project residents and which preserves
significant environmental features.
As explained above, the clustering of residential units on half acre lots
provides a transition from existing City RS and SF adjoining subdivisions to
Canyon Crest, the adjoining County Residential Suburban cluster subdivision.
By limiting access and urban services fo the short curved cul-de-sac at lower
density than altemative subdivision and without potential extension to
adjoining unincorporated undeveloped properties, it creates a permanent
urban limit and preserves 43% of the site as permanent public open space
including the Pearwood Ponding Basin. See answer to #5 through #7
above also.
I13. The project development pattern, including the net density of developed area
and proposed lot sizes which result from clustering are compatible with
surrounding areas.
The PUD 09-002, as explained in answer#7 and #10, propose a net density
and lot sizes consistent with the half acre average lot of County Residential
Suburban Canyon Crest subdivision. The net density of the Residential
Hillside and Public Facility prezoned annexation area is less than 1 du/1.5
gross acres and the 0.87 acre TPM 09-003 City RS zoned Lot 18 of Tracf
1187 is less than 2.5 du/ac.
Additional Performance Standards for Planned Unit Developments, Applicable to
� TPM No. 09-003 and Tract 3017:
(Per Section 16.32.050(E) of the Municipal Code)
1. PUD is required for RH and RS clustering, including variation in minimum lot
size from slope criteria for sites greater than 7%.
2. Lot size, width, and depth are determined through the PUD review process,
and building envelopes are specified on the tract map.
3. Building setbacks required by the underlying RS an RH zoning districts may
I be reduced durin PUD 09-002 Tract 3017 and TPM 09-003 if a roved b
' 9 , PP Y
RESOLUTION NO. 10-2105 . - �
TPM 09-003; PUD 00-002
PAGE 6 OF 23 '
� the Planning Commission conditions of approval, but in no case will yards or
setbacks be less than 10 fee minimum nor will lot coverage exceed RS or RH
� development standards.
4. No zero lot line development is proposed per PUD 09-002.
5. The following PUD performance standards are intended:
a. The six (6) residential lots and 3.5 acre open space/public facility lot are
designed to be a low density transition between existing adjoining
conventional RS and SF subdivisions and the County Residential
Suburban Canyon Crest. This PUD project is conditioned by Tract 3017
to contain designated building areas and design standards which are
"unobtrusive and environmentally compatible with adjacent properties."
b. Tract 3017 and TPM 09-003 will provide all infrastructures necessary to
support the project as established by conditions of approval and City
standards. These will be superior to alternative County Residential
Suburban development standards which would apply if the City-owned
property was not annexed.
c. The project provides adequate emergency facilities and access according
to City standards including hillside residential cul-de-sac and secondary
�• emergency access from Gularte Road to the current end of Pearwood
Avenue.
d. The proposed circulation avoids an additional street intersection to
Huasna Road (if property was not annexed) and provides for sidewalks on
the Residential Hillside frontage to facilitate vehicular and pedestrian
tra�c separation. Access to the storm drainage basin and facilities is an
existing controlled access driveway from Huasna Road, currently not open
to the public.
e. The PUD proposes designated building and grading areas on each lot �
within Tract 3017 and TPM 09-003 and adequate street trees, native
drought tolerant landscaping and adequate storm drainage including
existing �and proposed easements and Lot 5 open space including the
Pearwood Ponding Basin.
f. The project provides additional planting of oaks on Lot 5 hillside open
space and street trees on Pearwood Hills Court to visually screen and
enhance separation between existing and proposed residential uses.
The Lot 5 permanent open space containing the Pearwood Ponding Basin
assures spatial separation between proposed low density hillside homes
and the backyards of single family homes facing Pearwood Avenue. -
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 7 OF 23
I g. PUD 09-002 proposes that Lot 5 remain as a permanent public open
space and maintained by the City. The PUD and Tract 3017 will include
landscaping, perimeter fence and other improvements to this lot as well as
private CC&R's and design standards for Lots 1 through 4 for Residential i
Hillside custom home development. The PUD proposes individual private
maintenance of designated building areas and natural hillside open space
and drainage easement areas. TPM 09-003 proposes finro (2) private
Residential Suburban home sites and hillside open space that will be I
privately maintained by each lot owner. No Homeowners Association �
(HOA) is proposed but the City may require a maintenance district
composed of areas of benefit including existing and/or proposed lots
which adjoin or drain into the Pearwood Ponding Basin. (Canyon Crest
County Residential Suburban subdivision has separate HOA maintained �
open space and drainage detention basins and improved the outlet
pipeline, overflow and access driveway to utilize the City's Pearwood
Ponding Basin).
h. The PUD proposes no new signs requiring permits.
i. A public cul-de-sac street and sidewalk serves the six (6) proposed
hillside home sites. Pearwood Avenue is a local residential access street
� which extends to Huasna Road intersection including existing sidewalk
land bike lanes. The PUD proposes a pedestrian path within and befinreen
neighborhoods to facilitate a future trail connection from the terminus of
Pearwood Hills Court to the flag stem of the Tract 3017 property to
Huasna Road, and a trail connection from Pearwood Hills Court to the end
of Echo Canyon Court within the unincorporated County.
j. The PUD proposes no public recreation facilities due to nearby Strother �
Park which is City maintained open space and recreational facility. Lot 5
of Tract 3017 is permanent Public Facility open space including the
Pearwood Ponding Basin that can provide passive recreation features
such as a pedestrian trail.
k. The PUD includes a twenty-eight foot (28') curb to curb hillside standard
curved cul-de-sac street (Peanrvood Hills Court) with four foot (4') integral
sidewalks and no street parking to minimize grading and pavement and
provide access to the six (6) residential home sites and driveway. Each
lot will provide at least a two-car garage for private off-street parking, and
street trees will enhance the streetscape and separation without
obstructing views from the new home sites.
I. Open space within the PUD is in accordance with Table 16.32.050 (C) in
I that Lot 5 containing 3.5 acres is 43% of the total PUD site area of 8.0
- acres.
RESOLUTION NO. 10-2105 , ,
TPM 09-003; PUD 00-002
PAGE 8 OF 23
(i) No parcel is proposed for common open space designed for
active recreation purposes. (The City owns and will maintain
the Pearwood Ponding Basin subject to Tract 3017 and TPM
09-003 conditions of approval).
(ii) No common open space other than Public Facility Lot 5 is
proposed, but each of the six (6) proposed residential hillside
lots contains private usable open space. ,
(iii) The developers of Tract 3017 and TPM 09-003 will contribute
park and recreation impact fees for off-site public
improvements, as well as possible maintenance district or
improvements for passive areas of Lot 5 as conditions of
approval.
(iv) Undeveloped common open space is not proposed as part of
PUD 09-002, but both public and private open space outside of
the designated building and grading areas and/or associated
with public street construction will remain in its "natural state"
� with minimal perimeter fencing and compatible drought tolerant
landscaping for streetscape or privacy screening and separation
of homes. Limited vegetation management for fire safety shall
be exception as directed by the Fire Chief subject to
environmental constraints and mitigation requirements.
(v) The Planning Commission may permit other minor deviations by
PUD conditions of approval during public hearing review of
. Tract 3017, TPM 09-003, and/or PUD 09-002.
(vi) All proposed lots within the proposed PUD are precluded from
further subdivision.
(vii) Lot 5 will be restricted to permanent hillside natural open space
and City maintained Pearwood Ponding Basin. The City may
require an area of benefit maintenance district for any passive
open space improvement areas within Lot 5, but all private
residential lots shall be improved and maintained subject to
PUD and Tract 3017 CC&R's or conditions of approval.
(viii) No common open space or HOA is proposed as part of this
PUD. Each of the six (6) proposed lots within Tract 3017 and
TPM 09-003 provide a minimum of 1000 s.f. of private open
space with at least 45% usable open space per Section
16.04.070 and Table 16.32.050 (C).
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 9 OF 23
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Tentative Parcel Map No. 09-003 and Planned Unit
Development No. 09-002 with the above findings and subject to the conditions as set
forth in Exhibit"A", attached hereto and incorporatecJ herein by this reference.
On motion by Commissioner Barneich, seconded by Commissioner Brown, and by the
following roll call vote, to wit: �
AYES: Commissioners Barneich, Brown and Keen
NOES: None
ABSENT: Commissioner Ruth �
the foregoing Resolution was adopted this 1 St day of June 2010.
ATTEST:
V • �
DEBORAH WEICHINGER TIM BRO N, VICE CHAIR
COMMISSION CLERK
AS TO CONTENT: .
� �
/�-�
TERE cCLISH,
COM NITY DEVELOPMENT DIRECTOR
I
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 10 OF 23
EXHIBIT "A"
CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP NO. 09-003 AND
PLANNED UNIT DEVELOPMENT NO. 09-002
Pearvvood Avenue (APN 007-471-018)
�Robert Zogata
COMMUNITY DEVELOPMENT DEPARTMENT �
GENERAL CONDITIONS: I
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 Tentative Parcel Map
(TPM) No. 09-003 and Planned Unit Development (PUD) No. 09-002.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at their meeting of June 1, 2010 and marked Exhibit
��8�� �
4. This tentative map approval shall automatically expire on June 1, 2012 unless I
the final map is recorded, an extension is granted pursuant to Section 16.12.140
of the Development Code, or State legislation provides for automatic extensions
of time for tentative maps.
5. Development shall conform to the Residential Suburban (RS) requirements
except as otherwise approved.
6. The applicant shall, as a condition of approval of this 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.
SPECIAL CONDITIONS:
7. Development shall not exceed the building envelopes identified on the tentative
parcel map.
8. No second residential units are allowed due to health and safety concerns,
including, but not limited to, slopes averaging over 20%, �size of building
envelopes and length of cul-de-sac that serves the adjacent subdivision (Tract
3017).
9. Tree protection measures prior to and during road construction shall be
inspected by the City's Arborist. .
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 11 OF 23
ENGINEERING DIVISION
All Engineering Division conditions of approval as listed below are to be complied with
prior to recording the map, unless specifically noted otherwise.
SPECIAL CONDITIONS:
10. Pay the proportionate share of the Lift station #3 sanitary sewer project.
11. Obtain a "will serve" letter from the South San Luis Obispo County Sanitation
District.
12. Access to this project is dependent on the acquisition of a remainder parcel from
proposed Tract 3017 pursuant to LLA No. 09-006. This map cannot be recorded
� until the access is guaranteed.
13. The applicant shall dedicate to the City 40 feet of right-of-way for road purposes
across the southeast portion of the property in accordance with LLA No. 09-006. ,
14. The applicant shall dedicate to the City a 35 foot temporary slope easement for
road construction purposes across the southeast portion of the property.
GENERAL CONDITIONS:
Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as
directed by the Community Development Director.
15. 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
Community Development Director. The City may hold the developer or
contractor responsible for any expenses incurred by the City due to work outside
of these hours.
IMPROVEMENT PLANS
16. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
17. Submit three (3) fiull-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
18. Submit as-built plans at the completion of the project or improvements as
directed by the Community Development Director. One (1) set of mylar prints
and an electronic version on CD in AutoCAD format shall be required.
19. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Community Development Department:
a. Grading, drainage and erosion control
b. Street paving, curb, gutter and sidewalk
c. Public utilities �
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 12 OF 23
d. Water and sewer
e. Landscaping and irrigation
f. Any other improvements as required by the Community Development
Director
20. The site plan shall include the following: �
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures. I
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
21. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
22. 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 Community Development Director
shall approve any landscaping or irrigation within a public right of way or
otherwise to be maintained by the City.
WATER
23. �The water pressure available from the existing 6 waterline in Pearwood will not
,.
provide sufficient pressure above elevation 200. Water must be provided by
connecting to the existing 8" waterline in Gularte.
24. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
25. Each parcel shall have separate water meters. A fire sprinkler engineer shall
determine the size of the water meters.
26. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Community Development Director for review and
approval. The proposed individual water program shall be submitted to the
� City Council for approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of$2,200 for each new residential unit.
SEWER -
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 13 OF 23 �
I27. Each parcel shall be provided a separate sewer lateral.
28. All new sewer mains must be a minimum diameter of 8" and have a minimum I
slope of 0.5%.
29. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards. ,
PUBLIC UTILITIES
30. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code. '
31. Underground all existing overhead public utilities on-site and in the street in
accordance with Section 16.68.050 of the Development Code.
32. Underground improvements shall be installed prior to street paving.
33. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Community Development
Director for approval.
34. Submit the Final Map shall to the public utility companies for review and
comment. Utility comments shall be forwarded to the Community Development
� Director for approval.
STREETS �
35. Obtain approval from the Community Development Director prior to excavating in
any street recently over-laid or slurry sealed. The Community Development
Director shall approve the method of repair of any such trenches, but shall not be
limited to an overlay, slurry seal, or fog seal.
36. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
37. All street repairs shall be constructed to City standards.
38. Street structural sections shall be determined by an R-Value soil test, but shall
not be less than 3" of asphalt and 6" of Class II AB.
39. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Community
Development Director.
CURB, GUTTER, AND SIDEWALK
40. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
41. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
GRADING �
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002 ,
PAGE 14 OF 23
42. Perform all grading in conformance with the City Grading Ordinance.
43. Submit a preliminary soils report prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
44. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards.
DRAI NAGE �
45. All drainage facilities shall be designed to accommodate a 100-year storm flow.
46. All drainage facilities shall be in accordance with the Drainage Master Plan.
47. Increased run-off from development of the project shall be retained on site.
48. Improve the capacity of the retarding basin to accommodate runoff from the
proposed project to the satisfaction of the Community Development Director and
the Parks, Recreation and Maintenance Director.
49. The applicant�shall install a box culvert across Pearwood Hills Court and make
whatever channel improvements are necessary to collect and convey the 100-
year peak flow to the satisfaction of the Community Development Director and
the Recreation and Maintenance Facilities Director.
DEDICATIONS AND EASEMENTS
50. All easements, abandonments, or similar documents to be recorded 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.
51. Obtain a 38-foot right-of-way outside the tract boundaries to be dedicated to the
City to provide access from Pearwood Avenue to Pearwood Hills Court; and
additional right-of-way to accommodate a City standard knuckle transitioning
from Pearwood Avenue to Pearwood Hills Road.
52. Abandonment of public streets and public easements shall be listed on the final
map, in accordance with Section 66499.20 of the Subdivision Map Act.
PERMITS
53. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
54. Obtain a grading permit prior to commencement of any grading operations on
RESOLUTION NO. 10-2105
TPM 09-003; PUD 00-002
PAGE 15 OF 23
site.
FEES
55. Pay all required City fees at the time they are due.
56. Fees to be paid prior to plan approval:
a. Map check fee
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on an approved construction cost
estimate.
d. Permit Fee for grading plans based on an approved earthwork estimate. I
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
AGREEMENTS
57. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
irnprovements.
58. Subdivision Improvement Agreement: The subdivider shall enter into a
subdivision agreement for the completion and guarantee of improvements
required. The subdivision agreement shall be on a form acceptable to the City.
IMPROVEMENT SECURITIES
59. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
60. Submit an engineer's estimate of quantities for public improvements for review
by the Community Development Director.
61. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Community Development Director:
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.
This financial security may be waived if the developers surveyor subrnits to
the Community Development Director a letter assuring that all
� monumentation has been set.
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� OTHER DOCUMENTATION
RESOLUTION NO. 10-2105
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PAGE 16 OF 23
62. Tax Certificate: The applicant shall furnish a certificate from the tax collector's
office indicating that there are no unpaid taxes or special assessments against
the property. The applicant may be required to bond for any unpaid taxes or
liens against the property. This shall be submitted prior to placing the map on
the City Council Agenda for approval. .
63. Preliminary Title Report: A current preliminary title report shall be submitted to
the Community Development Director prior to checking the map. �
64. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Community Development Director with the final submittal of the Map.
PRIOR TO ISSUING A BUILDING PERMIT
65. The Final Map shall be recorded with all pertinent conditions of approval
satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
66. All utilities shall be operational.
67. 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 Community Development
Director.
68. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City. .
BUILDING AND FIRE DEPARTMENT
GENERAL CONDITIONS:
69. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
70. Project shall have a fire flow of 1,000 gallons per minute for duration of 2 hours.
71. Residential units shall be fully fire sprinklered.
72. Prior to issuance of 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.
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT:
73. 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.
74. 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.
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I75. 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.
76. 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.
77. Traffic impact fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ordinance 461 C.S., Resolution
3021. �
78. Traffic signalization fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ordinance 346 C.S., Resolution
1955.
79. 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.
80. 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.
81. 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. �
82. All future construction on any of the finro parcels must comply with City, State,
and Federal flood management requirements.
RECREATION AND MAINTENANCE FACILITIES DEPARTMENT
83. Prior to issuance of Grading Permit, the applicant shall submit a Tree
Removal and Protection Plan (see also MM 4.6).
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MITIGATION MEASURES:
MM 3.1: All dust control measures listed below (MM 3.2 — 3.6) shall be
followed during construction of the project and shall be shown on grading and
building plans. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering, as necessary, to
prevent transport of dust off site. The name and telephone number of such
person(s) shall be provided to the APCD prior to land use clearance for map
recordation and finished grading of the area.
IMM 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
RESOLUTION NO. 10-2105
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PAGE 18 OF 23
leaving the site. At a minimum, this would include wetting down such areas in the
later morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Reclaimed (non-potable) water shall be used.
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 2 feet of freeboard (minimum vertical distance
befinreen 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 should be used
where feasible.
MM 3.7: Prior to any grading activities at the site, the project proponent shall
ensure that a geologic evaluation is conducted to determine if Naturally Occurring
Asbestos (NOA) is present within the area that will be disturbed. If NOA is not�
present, an exemption request must be filed with the APCD. If NOA is found at the
site, the applicant must comply with all requirements outlined in the Asbestos Air
Toxins Control Measure (ATCM) regulated under by the California Air Resources
Board (ARB).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Building and Fire
Dept.
Timing: MM 3.1 — 3.7: Prior to Grading Permit and
during construction
MM 3.8: Provide shade tree planting along southern exposures of structures
to reduce summer cooling needs.
MM 3.9: Provide sodium streetlights.
MM 3.10: Orient homes to maximize natural heating and cooling.
MM 3.11: Provide outdoor electrical outlets on homes to encourage the use of
electric appliances and tools.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Building & Fire -
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I Dept.
Timeframe: MM 3.8 — 3.11: Prior to Building Permit
MM 3.12: To encourage walking and a safer pedestrian environment within
and between neighborhoods, an easement for the purpose of multi-use trail
connections shall be recorded on the drainage easement property on Lot 1 and
of Lot 5 of Tract 3017. The intent is to facilitate a future trail connection from the
terminus of Pearwood Hills Court to the flag stem of the property to Huasna
Road, as well as a trail connection from Pearwood Hills Court in the vicinity of
the remainder parcel or Lot 1 to the northern property located at the end of Echo
Canyon Court within the unincorporated County.
Responsible Party: City of Arroyo Grande or future Developer
Monitoring Agency: City of Arroyo Grande — CDD; Building & Fire
Dept.
Timeframe: Prior to recordation of final map
MM 4.6: Any native trees intentionally or unintentionally killed or rernoved
that are greater than or equal to finro (2) inches diameter at breast height (DBH)
and less than finrelve (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 a qualified
landscape architect and/or restoration biologist. All trees to be removed shall be
clearly marked on construction plans and marked in the field with flagging or
paint. All tree removals require approval of the Recreation and Maintenance
Facilities Department.
All trees to be retained shall be protected during construction, and 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. A
minimum distance equivalent to the dripline of the tree shall be protected with
temporary fencing surrounding each tree or cluster of trees. No construction
activities such as grading, vehicle parking, or storage of materials shall be
conducted within the tree protection zones. The fencing shall be installed prior to
any site clearing or grading activities, and shall remain in place until construction
is complete. The fence shall be a minimum of 4' tall and supported by stakes at
least every 10' on center. Weatherproof signs shall be permanently posted on
the fences, stating the following: "Tree Protection Zone. No personnel,
materials or vehicles allowed. Do not move or remove this fence."
Underground utility lines should avoid the tree protection zones, and in cases
where this is not possible, trenching shall be conducted using hand tools and all
roots over one-inch diameter should be avoided. If such roots are encountered,
� they shall be cut clean and not left ragged. Landscaping plans shall include
buffers around oak trees such that no irrigation during the dry season shall occur
RESOLUTION NO. 10-2105
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PAGE 20 OF 23
within the dripline of oak trees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande—CDD
Timeframe: Prior to issuance of Grading Permit and during
grading and construction activities
MM-4.7: The applicant shall retain a certified arborist during grading and
construction activities to ensure that all mitigation measures relating to tree
protection are implemented.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande— CDD
Timeframe: During grading and construction activities
MM 4.8: Compliance with CalFire clearance regulations shall be required, which
involves clearance of brush and removal of lower tree limbs within 100-feet of
structures and 10-feet of access roads. It is recommended that a buffer zone
between the oak woodlands and proposed development be established in order
. to reduce development and fire fnanagement impacts. Oak woodland areas
outside of fuel modification zones should be left intact, with no trimming of limbs
or removal of dead material.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande— CDD
Timeframe: Prior to Occupancy
MM 4.9: To the extent feasible, future development shall preserve native ground
covers and perennial grasses, and design landscapes that incorporate native
shrubs and trees to maintain habitat cover for wildlife.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Recreation and
Maintenance Services Dept.
Timing: Prior to Design Review approval for each
structure
MM 4.10: The developer shall post an oak tree protection bond in the amount of
$2,500. This bond shall remain in place during construction of project
improvements.
Responsible Party: Developer
Moni.toring Agency: City of Arroyo Grande — CDD; Recreation and
Maintenance Services Dept.
Timeline: Prior to issuance of grading permit
MM 5.1: The note below shall be placed on the grading and improvement
plans for the project:
RESOLUTION NO. 10-2105
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"If human remains (burials) are encountered, the County Coroner shall be
contacted immediately. In the event thaf previously unidentified potenfially
significant cultural resources are discovered, an ar�haeologisf sha/l have the
authority to divert or temporarily halt ground disturfiance operations in the area of
discovery to allow evaluation of potentially significanf cultural resour�es in
consultation with Northem Chumash Tribal Council. For significant cultural
resour�es, a Resear�h Design and Data Recovery Program to mitigate impacts
shall be prepared by the consulting a►�haeologist and approved by the City, then
carried out using professional archaeological methods. If it can be demonsfrated �
that a project will cause damage to a unique archaeological resource, the City may I
require reasonab/e efforts to be made to pe►mit any or all of these resour�es to be
preserved in place or left in an undisturi�ed state."
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD
Timeline: Prior to issuance of grading permit and during
construction
�MM 6.1: A project specific soils engineering report prepared by a registered Civil
Engineer and supported by adequate test borings shall be submitted. All
earthwork design and grading shall be perFormed in accordance with the
approved soils report.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD
Timing: Prior to issuance of Grading Permit
MM 6.4: Development shall be designed using best management practices and
low impact development (LID) principles to reduce stormwater run-off to the
maximum extent practicable in accordance with the City's Storm Water
Management Plan. A plan outlining how the project will incorporate best
management practices to reduce stormwater run-off shall be submitted.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD
Timing: Prior to issuance of Grading Permit
MM 7.1: The applicant shall submit a fuel modification plan for review and
approval by the City's Fire Chief.
Responsible�Party: Developer
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.
Timing: Prior to issuance of Building Permit
MM 9.1: An affordable housing in-lieu fee shall be paid for each subdivision.
Responsible Party: Developer
RESOLUTION NO. 10-2105
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PAGE 22 OF 23
Monitoring Agency: � City of Arroyo Grande — CDD, City Attorney
Timeframe: Prior to Issuance of Building Permit
MM 11.1: The developer shall pay all applicable City park development and .
impact fees. �
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Building 8� Fire Dept.;
Recreation 8� Maintenance Facilities Dept.
Timeframe: Prior to issuance of Building Permit
MM 14.1: Future development shall be designed to neutralize the estimated
increase in water demand created by the project by either:
a) Implement a water neutralization program that minimizes
water demand created by the project (greywater systems,
rainwater harvesting, etc.). The program shall demonstrate
the offset of all increased demand created by the project,
including all necessary calculations. The program shall be
submitted for review and approval by the Community
Development Director prior to implementation. �
b) Identify and implement a water neutralization program for any
facility or property within or served bv the Cifir. The program
shall demonstrate the offset of all increased demand created
by the project, including all necessary calculations. The
program shall be submitted for review and approval by the
Community Development Director prior to implementation.
c) For projects that cannot offset all increased demand through
an onsite or offsite water neutralization program, a
combination of a water neutralization program and payment of
an in-lieu fee may be used as approved by the City Council.
The applicant must demonstrate that the in-lieu fee will be
used in a water neutralization program to reduce the impact to
a less than significant level prior to issuance of a certificate of
occupancy for the project.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD
Timeframe: Prior to issuance of Building Permit
MM 14.2: All new construction associated with new development shall utilize
fixtures and designs which minimize water usage. Such fixtures shall include, but
not be limited to, low-flow shower heads, water-saving toilets, instant water heaters
or hot water recirculating systems, and drip irrigation systems. -
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RESOLUTION NO. 10-2105
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Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.
Timeframe: Prior to issuance of Building Permit �
MM 14.3: All new development shall include landscaping that is consistent with
water conservation practices, including the use of drip irrigation systems, mulch,
gravel, bark and native plantings. Turf areas requiring spray irrigation shall be
minimized (no greater than 10% of landscaped area) or not included at all. 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
greatest extent feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD
Timing: Prior to issuance of Building Permit
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