CC 2017-05-09_10a Tract 3079_Rodeo Drive_Grace Lane
MEMORANDUM
TO: CITY COUNCL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF DEVELOPMENT CODE AMENDMENT 17-001,
VESTING TENTATIVE TRACT MAP 16-001 (TRACT 3079) AND A
DRAFT MITIGATED NEGATIVE DECLARATION FOR A 7-LOT
RESIDENTIAL SUBDIVISON; LOCATION- RODEO DRIVE AND GRACE
LANE; APPLICANT- KIRBY GORDON; REPRESENTATIVE – JEFFREY
EMRICK
DATE: MAY 9, 2017
RECOMMENDATION:
It is recommended the City Council: 1) Introduce an Ordinance amending Ordinance
No. 355 C.S. “Royal Oaks Estates” to increase the maximum allowed density within
Planned Development 1.3; and 2) Adopt a Resolution adopting a Mitigated Negative
Declaration and approving Vesting Tentative Tract Map 16-001.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
None.
BACKGROUND:
The 7.52-acre project site is located within the Royal Oaks Planned Development (PD
1.3) as shown below. The vacant property is bounded by Rodeo Drive to the south and
Grace Lane to the east.
View of project site from Rodeo Drive,
looking west
Project Site
Item 10.a. - Page 1
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 2
Surrounding land uses include St. Patrick’s school and low-medium density residential
development within the Rancho Grande Planned Development (PD 1.2) to the west,
low-medium density residential development in the Grace Lane subdivision to the north,
open space and low-medium density residential development to the east, and vacant
multi-family residential property owned by the County of San Luis Obispo to the south.
Site topography ranges from a previously graded flat terrace area to steeply sloped
banks. The site has not been maintained for an extended period of time, and existing
vegetation consists primarily of weeds, grasses and shrubs. A tree inventory was
conducted as part of a previous Pre-Application for this property by Pleinaire Design
Group, which identified a total of sixteen (16) trees in varying degrees of health. Trees
identified include Monterey Pine, London Plane, Eucalyptus, and Coast Live Oak (see
Attachment 1 for tree inventory).
Arroyo Grande Municipal Code Section 16.44.010 provides for the Planned
development (PD) district, which only applies to existing planned developments of
record and listed in that Section. The 7.52-acre project site is located within the Royal
Oaks Planned Development, and is listed in Section 16.44.010 as PD 1.3, which was
established in 1987 by Ordinance 355 C.S. (Attachment 2) and was later amended by
the following Ordinances:
Ordinance No. Title
356 Amending 355 C.S. Re: Lot A and Via La Barranca Drainage System
in Royal Oaks Estates
358 Amending Lot A, and Lots 34-40 Lot Lines in Royal Oaks Estates
384 Sidewalk Construction in Royal Oaks Subdivision
406 Amending Ordinance No. 355 C.S. Royal Oaks Estates to Modify
Exhibit "A"
418 Amending Ord. No. 355 C.S. Royal Oaks Estates
430 Amending Ordinance 355 C.S. by Allowing a Church on Lot B, Royal
Oaks
449 Amending Ordinance No. 355 C.S. "Royal Oaks Estates" by Allowing
a Church on Lot 184 and Approving and Adopting Specific
Development Plan 91-05
553 Amending Ordinance No. 355 C.S. “Royal Oaks Estates” To Increase
The Maximum Allowed Density Within The Planned Development,
And Amending The Zoning Map To Designate The Subject Property
As Residential Rural (RR) With A Planned Development Overlay;
Development Code Amendment 02-001, Applied For By Don
McHaney, For Property Located On Grace Lane (Lot 182 and portion
of Lot B of Tract 1390)
The subject property is identified as Lot 184. Lots “B”, 182 and 184 were zoned
specifically for “single family estate homes” allowing only one dwelling unit per lot. The
2001 General Plan changed the land use of these lots from PD 1.3 residential estate lots
to Single Family Residential Low Density with a Planned Development overlay (SFR-LD-
Item 10.a. - Page 2
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 3
PD), allowing up to one dwelling unit per acre. The 2001 Land Use Element of the
General Plan reflects the fact that the City is reaching “buildout”, with limited remaining
vacant, undeveloped land available for continued residential subdivision. Policy LU2-2 of
the Land Use Element provides justification for the increase in density for various
properties within the City, including the subject property, as follows:
“LU2-2 : Accommodate the development of Residential Hillside cluster development and
large lot conventional subdivisions in appropriate areas, classified as Single Family
Residential Low Density (SFR-LD).
LU2-2.2: Accommodate the development of large lot conventional subdivisions
(1du/1ac) within appropriate SFR-LD areas (zoned City RR).”
Tract 2236 (the “Grace Lane” residential subdivision) was approved on January 13, 2004,
which allowed nineteen (19) residential lots to be constructed on Lots 182 and a portion of
“B”, leaving one residential unit to be constructed on Lot 184. Lot 184 remains the only
undeveloped parcel within PD 1.3.
Previous Pre-Application
The Planning Commission considered Pre-Application 14-006 on March 3, 2015 for a
clustered subdivision of the subject 7.52-acre property into eighteen (18) residential lots
with an average of 4,000 square feet in size (see Attachment 3 for meeting minutes). The
remaining land area was to be used as common open space. The applicant revised the
project based on Planning Commission comments to reduce the number of lots from
eighteen (18) to thirteen (13), providing for a less dense development and larger lot sizes.
The City Council considered the redesign on April 28, 2015 (see Attachment 4 for meeting
minutes). Because the project would require a General Plan Amendment to increase
density beyond what was evaluated in the General Plan Program EIR, especially during an
exceptional drought condition, the project was not well received and the applicant did not
pursue a formal application. The consensus from the City Council was that a seven (7) lot
subdivision, consistent with the General Plan Land Use Map, could be supported.
Staff Advisory Committee:
The Staff Advisory Committee (SAC) reviewed the proposed project on July 27, 2016.
Discussion focused on building envelopes, emergency access and adequate turnaround,
slope analysis, perimeter fencing, design guidelines, maintenance of the drainage basins,
water availability, and sight distance at the access driveway. The SAC discouraged a
previous proposal of providing access to Lot 5 from Grace Lane because of the amount of
grading required, and to limit the number of access points from Grace Lane given its
collector street designation. Overall, the SAC was in support of the project.
Architectural Review Committee:
The Architectural Review Committee (ARC) considered the project on March 6, 2017 (see
Attachment 5 for meeting minutes) and recommended approval of the project Design
Guidelines with the following amendments:
Item 10.a. - Page 3
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 4
Require landscaping along the Grace Lane and Rodeo Drive frontages that utilizes
native or Mediterranean plant materials to create an enhanced natural look. Lots 1,
5, 6, and 7 would be subject to this requirement through the Architectural Review
process. The soil will need to be amended appropriately to encourage successful
plant establishment.
Homeowners are required to eradicate Pampas Grass on their property. A note to
this effect shall be shown on individual landscape and irrigation plans.
Native coast live oak trees are to be retained on undisturbed slopes regardless of
size.
Homes constructed on Lots 5-7 shall have detailed articulation and/or additional
screening on the rear building elevation facing the street to improve the aesthetic
views from Grace Lane and Rodeo Drive.
These recommendations have been incorporated into the project Design Guidelines.
Planning Commission
The Planning Commission reviewed the proposed Development Code Amendment and
subdivision on March 21, 2017 (see Attachment 6 for meeting minutes) and recommended
approval to the City Council with the following modifications to the Tract Map conditions of
approval, which have been incorporated into the attached Resolution (note that reference
to condition numbers below do not correspond to the proposed condition numbers due to
renumbering):
Condition No. 46, add “or determined by the City Engineer” at the end of the
sentence.
Condition No. 61, add the basin to be landscaped and maintained through a
maintenance agreement.
Condition No. 81, add an additional requirement regarding tree pruning.
Add a condition that the fence type shall be decorative metal along the rear
property line and remove old barbed wire fencing.
Add a condition to allow a driveway off of Grace Lane to serve Lot 5.
A driveway maintenance agreement is not required for Lot 4 if Lot 5 is accessed
from Grace Lane.
The developer shall eradicate the Pampas Grass on site prior to final map using a
method approved by the Community Development Director.
ANALYSIS OF ISSUES:
Project Description
The proposed project involves amending the Arroyo Grande Municipal Code to allow
additional residential units within Planned Development 1.3 and subdividing a 7.52-acre
property into seven (7) residential lots ranging in size from 0.58 to 1.32 acres with a 0.28-
acre offer of dedication for roadway purposes. The intent of the dedication is to provide for
the potential realignment of Grace Lane as one of the alternatives associated with the
Item 10.a. - Page 4
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 5
Brisco Road interchange project. The City will accept the offer of dedication if the City
decides to implement the Grace Lane realignment.
Access to the site is via a cul-de-sac (Rodeo Court) from Rodeo Drive. Rodeo Court is
designed to meet City standards (Engineering Standards 7010 and 7020 for a local road
and cul-de-sac Type I) for a public road. Public improvements for the tract, including
installation of utilities, drainage basins and the access road will require the removal of
several trees including one (1) eucalyptus and two (2) sycamore trees. Development of
individual lots will likely require additional tree removal that will be considered through the
Architectural Review and building permit processes. The property is located on a knoll
and is visible from US Highway 101 and residential development to the east. The area of
the project proposed for development has been previously graded and has lost much of its
natural appearance.
Development Code Amendment
Planned development (PD) districts were established to be more flexible than those
contained elsewhere in the Development Code. The purpose of establishing these
districts was to grant or require diversification in the location of structures and other site
elements which were believed to be appropriately compatible, while ensuring adequate
standards relating to the public health, safety, welfare, comfort and convenience. The
City does not intend to create any new PD districts. Amending an existing PD requires
a Development Code Amendment.
The proposed Development Code Amendment would amend Ordinance 355 C.S. to
allow additional density on Lot 184 consistent with the General Plan land use
designation of Single Family Residential Low Density (SFR-LD). The PD 1.3 zoning for
this property will not change since all properties within PD 1.3 have this zoning
designation. The zoning district that appears most consistent with the SFR-LD land use
designation would be Residential Rural (RR), which provides for one dwelling unit per
acre as proposed. However, due to the topographical constraints of the property and
existing graded pads, the site development standards of the Single-Family Residential
(SFR) zoning district are more appropriate. Note that because this is a Planned
Development, which is similar to a Specific Plan, setbacks and other development
standards do not have to reflect an existing zoning district within the City and can be
uniquely established through the entitlement process. The Design Guidelines for the
subdivision indicate setbacks that reflect the SFR zoning district as follows:
Table 1: Setbacks
Setbacks: Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7
Front 20’ 20’ 20’ 10’ 20’ 20’ 20’
Sides 10’ 10’ 10’ 10’ 10’ 10’ 10’
Rear Limited
to the
building
envelope
Limited
to the
building
envelope
Limited
to the
building
envelope
Limited
to the
building
envelope
Limited
to the
building
envelope
Limited
to the
building
envelope
Limited
to the
building
envelope
Item 10.a. - Page 5
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 6
Drainage
The soil at this location is not conducive to good percolation and the slopes are
relatively steep for portions of the site. Low Impact Development (LID) standards to
retain stormwater runoff for a project of this size require LID measures to be
implemented. The project proposes two (2) drainage basins along the Rodeo Drive
frontage and individual lots will be required to meet LID requirements through the
building permit process. Project conditions of approval include full compliance with State
Water Board stormwater requirements. The drainage basins will be maintained through
an approved cooperative maintenance agreement between all lot owners.
Affordable Housing
As conditioned, the applicant will pay an affordable housing in-lieu fee to satisfy the
City’s affordable housing requirements.
Slope Analysis
A slope analysis was prepared for the project that provided the following information for
each lot:
Table 2: Slope Analysis
Slope Lot 1
(36,388
sq. ft.)
Lot 2
(37,479
sq. ft.)
Lot 3
(37,383
sq. ft.)
Lot 4
(33,354
sq. ft.)
Lot 5
(57,602
sq. ft.)
Lot 6
(55,173
sq. ft.)
Lot 7
(25,180
sq. ft.)
0 – 7% 42% 18% 44% 64% 46% 24% 60%
7 – 15% 5% 0% 0% 2% 2% 9% 5%
15 – 25% 0% 0% 0% 0% 0% 0% 0%
>25% 53% 82% 56% 34% 52% 67% 35%
Avg.
Slope
36%
52%
37%
24%
34%
40%
25%
Per Table Table16.20.050-A of the Development Code, lots located on 7-15% slopes
have a minimum size requirement of 10,000 square feet while lots located on 15-25%
slopes have a minimum size requirement of 20,000 square feet. Slopes over 25% are to
be preserved for open space. All of the lots have some percentage of slopes greater
than 25% and all are over the 20,000 square foot requirement. The majority of
development will occur on slopes between 0% and 7% where the site was previously
graded, with the exception of Lots 1 and 2 which have a higher percentage of steeper
slopes. It is anticipated that development of these two lots will cut into the existing
slope with the back wall of the home serving as a retaining wall.
Project Landscaping
A landscape and irrigation plan consistent with the State Model Water Efficiency
Landscape Ordinance (MWELO) is required as a condition of approval for each lot prior
to issuance of building permit. The ARC recommended that project frontage
landscaping along Rodeo Drive and Grace Lane should be required as part of the
Item 10.a. - Page 6
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 7
subdivision entitlement rather than leaving it in its current condition (see Attachment 7
for site photos). This recommendation has been included in the conditions of approval.
Design Guidelines
The development plan creates seven (7) custom residential lots arranged around a cul-
de-sac that utilizes the previously graded upper plateau area. Although a Planned Unit
Development application is not required to accompany the proposed subdivision,
Design Guidelines have been prepared to ensure that future development of the lots
complement the surrounding development to the west within the Rancho Grande
Planned Development, and to the north within the Grace Lane subdivision. The
proposed Design Guidelines are included as Exhibit C of the Resolution approving the
tract map.
The Design Guidelines include information and guidance on design goals (setting,
concept, intent, application and common facilities), site design (drainage, grading,
building envelopes and building height), building design (style and character, driveway
and garages, architectural features, articulation, entries, garage doors, exterior
materials, exterior colors, roof materials, roof drainage, trash containers, mechanical
equipment, satellite dishes and antennas, fire sprinklers, lighting, secondary units, water
conservation and energy efficiency), and site improvements (hardscape, landscaping
and fencing).
The Design Guidelines do not designate any particular architectural style, although any
style proposed should be consistent in detail. Specifically, the Design Guidelines state
that architectural styles shall be low profile and may include Farmhouse, Craftsman,
Cottage, Bungalow, Prairie and Spanish Eclectic. Unacceptable styles include
Victorian, Tudor, Colonial, and Mid Century Modern designs, mainly due to the high roof
pitches or flat two-story wall planes.
As conditioned, development plans for individual lots require an approved Architectural
Review permit and Architectural Review Committee consideration to ensure adherence
with the Design Guidelines.
Fencing
Proposed tract perimeter fencing is 4-foot tall split rail with no climb mesh wire similar to
fencing found in Rancho Grande, with a condition that fencing along the rear property
line be decorative metal fencing consistent with the adjacent neighborhood. Privacy
fencing will be regulated per Development Code Section 16.48.070 (“fences, walls and
hedges”) and can be of various forms of wood, vinyl, ornamental welded metal, or
masonry.
ADVANTAGES:
The proposed project will subdivide a vacant property into residential lots at a low
density consistent with the 2001 General Plan. The project will provide the community
with residential infill and seven (7) new home sites for housing opportunities.
Item 10.a. - Page 7
CITY COUNCIL
CONSIDERATION OF DCA 17-001 & VTTM 16-001
MAY 9, 2017
PAGE 8
DISADVANTAGES:
The proposed project produces potential aesthetic impacts with the introduction of
hillside residences.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, a
Mitigated Negative Declaration has been prepared for this project (Attachment 8).
Mitigation is required for aesthetics, biological resources, greenhouse gas emissions,
cultural resources, air quality, hydrology/water quality, and noise. Mitigation measures
are included in the attached Resolution as conditions of approval.
Referrals were sent to agencies that may be impacted by the project or that may have
comments, including: the County of San Luis Obispo that owns property across Rodeo
Drive zoned Multi-Family and Public Facility; Caltrans that has the Brisco Road
interchange within close proximity; and Heal-SLO Healthy Communities Work Group,
which provides responses to planning staff from a healthy community’s perspective on
proposed land development projects, ordinances, general plan amendments, and
special projects. The City received comments from Heal-SLO, which are included as
Attachment 9. Caltrans indicated that they did not have any comments and no
response was received from the County Planning and Building Department.
PUBLIC NOTIFICATION AND COMMENTS:
A notice of public hearing was mailed to all property owners within 300’ of the project
site, and expanded to include adjacent neighborhoods (see Attachment 10 for map of
properties included in the noticing). A notice was also published in The Tribune and
posted at City Hall and on the City’s website on Friday, April 28, 2017. The Agenda
was posted at City Hall and on the City’s website in accordance with Government Code
Section 54954.2. At the time of report publication, no comments have been received.
Attachments:
1. Tree Inventory for the Project Site
2. Ordinance 355 C.S.
3. March 3, 2015 Planning Commission Meeting Minutes
4. April 28, 2015 City Council Meeting Minutes
5. March 6, 2017 Architectural Review Committee Meeting Minutes
6. March 21, 2017 Planning Commission Meeting Minutes
7. Site Photos
8. Initial Study/Draft Mitigated Negative Declaration
9. Referral Response Letter from Heal-SLO
10. Area Noticing Map
Item 10.a. - Page 8
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING ORDINANCE NO. 355 C.S.
“ROYAL OAKS ESTATES” TO INCREASE THE MAXIMUM
ALLOWED DENSITY WITHIN PLANNED DEVELOPMENT 1.3;
DEVELOPMENT CODE AMENDMENT 17-001; LOCATION-
RODEO DRIVE AND GRACE LANE; APPLICANT- KIRBY
GORDON; REPRESENTATIVE – JEFFREY EMRICK
WHEREAS, the City of Arroyo Grande Zoning Map indicates that the subject 7.52-acre
property is located within the Royal Oaks Planned Development (PD 1.3) and designated
as “Estate Homes” in Ordinance No. 355 C.S., an Appendix to the Development Code; and
WHEREAS, the applicant, Kirby Gordon, has filed an application for Development Code
Amendment 17-001 to amend Ordinance No. 355 C.S., changing the zoning designation
for the subject property to Residential Rural with a Planned Development overlay (RR-PD)
allowing one dwelling unit per acre; and
WHEREAS, adoption of the proposed zoning designation would establish land use,
development and design standards for the subject property; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 17-001 at a duly noticed public hearing on March 21,
2017, in accordance with the Development Code of the City of Arroyo Grande at which
time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 17-001 at a duly noticed public hearing on May 9, 2017 in accordance
with the Development Code of the City of Arroyo Grande at which time all interested
persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying materials,
the proposed Development Code Amendment is consistent with the goals,
objectives, policies, and programs of the General Plan and is necessary and
desirable to implement the provisions of the General Plan.
B. The proposed Development Code Amendment will not adversely affect the public
health, safety, and welfare or result in an illogical land use pattern. The proposed
Low Density development is consistent with the surrounding development within the
Item 10.a. - Page 9
ORDINANCE NO.
PAGE 2
Royal Oaks and Rancho Grande Planned Developments and will not impact public
services beyond what the General Plan anticipates for this area.
C. The proposed Development Code Amendment is consistent with the purpose and
intent of the Development Code. Low density residential development within the
project area would be required to meet development and design standards under
the PD 1.3 zoning designation and project Design Guidelines that insures orderly
development.
D. The potential environmental impacts of the proposed Development Code
Amendment were examined during development of the Mitigated Negative
Declaration for the project, and it was determined that the proposed project will not
have any significant adverse impacts on the environment.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande,
California hereby adopts Development Code Amendment 17-001 amending Section 2.3 of
Ordinance No. 355 C.S. as follows:
Approved Residential Density
Land Use Lot Dwelling Units
Estate Homes 184 7
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Royal Oaks Planned Development (PD 1.3) is hereby amended to increase
the maximum allowed density within the PD by allowing development at a maximum of one
dwelling unit per acre on Lot 184.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, or clause thereof, irrespective of the fact that any one or more
section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: Upon adoption of this Ordinance, the City Clerk shall file a Notice of
Determination.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council Members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
Item 10.a. - Page 10
ORDINANCE NO.
PAGE 3
SECTION 6: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this ___ day of ____________.
Item 10.a. - Page 11
ORDINANCE NO.
PAGE 4
_____________________________________
JIM HILL, MAYOR
ATTEST:
__________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
HEATHER WHITHAM, CITY ATTORNEY
Item 10.a. - Page 12
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION, INSTRUCTING THE CITY CLERK TO FILE
A NOTICE OF DETERMINATION, AND APPROVING
VESTING TENTATIVE TRACT MAP 16-001 (TRACT 3079);
LOCATION- RODEO DRIVE AND GRACE LANE;
APPLICANT- KIRBY GORDON; REPRESENTATIVE –
JEFFREY EMRICK
WHEREAS, the applicant has filed 1) Development Code Amendment 17-001 to amend
Ordinance No. 355 C.S. “Royal Oaks Estates” to increase the maximum allowed density
within Planned Development 1.3 zoning district; and 2) Vesting Tentative Tract Map 16-001
for a seven (7) lot residential subdivision; and
WHEREAS, on March 21, 2017 the Planning Commission of the City of Arroyo Grande
held a duly noticed public hearing and recommended that the City Council approve
Development Code Amendment 17-001 and Vesting Tentative Tract Map 16-001 in
accordance with the Arroyo Grande Municipal Code (AGMC); and
WHEREAS, the City Council has reviewed and considered 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 reviewed the
draft Mitigated Negative Declaration; and
WHEREAS, the City Council has found that this project is consistent with the General Plan
and Development Code, as amended per Development Code Amendment 17-001; and
WHEREAS, the City Council considered the project at a duly noticed public hearing on
May 9, 2017; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Vesting Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with goals, objectives, policies,
plans, programs, intent and requirements of the Arroyo Grande General Plan, as
well as any applicable specific plan, and the requirements of this title.
The proposed tract map would allow the subdivision of 7.52 acres into seven
(7) lots for the development of single-family detached housing that is
consistent with the goals, objectives, policies, plans, programs, intent and
requirements of the Arroyo Grande General Plan. The subdivision would
allow housing at a density and design that is compatible with the nearby
residential neighborhood and other surrounding land uses.
Item 10.a. - Page 13
RESOLUTION NO.
PAGE 2
2. The site is physically suitable for the type of development proposed.
The site is 7.52 acres of vacant land adjacent to existing residential
development, and is physically suitable for single family residential
development as a residential infill location.
3. The site is physically suitable for the proposed density of development.
The site is physically suitable as designed for the density of development
proposed because the required lot sizes for lots located on slopes are met
and the lot sizes are compatible with the adjacent development patterns.
4. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial environmental damage or substantially and avoidably injure
fish or wildlife or their habitat.
The proposed tract map has been reviewed 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 the
impacts of the proposed project have been analyzed in a Mitigated Negative
Declaration that includes mitigation measures that will reduce potential
impacts to a less than significant level.
5. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the subdivision would result in a development of appropriate
density, consistent with the density of adjacent residential uses, and would
include all necessary infrastructure, roadways improvements, and parking.
6. 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.
There are no easements for the public-at-large currently on the subject
property. Appropriate utility infrastructure easements and emergency access
will be provided and recorded to ensure adequate access is maintained for
emergency response purposes.
7. The discharge of waste from the proposed subdivision 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.
Item 10.a. - Page 14
RESOLUTION NO.
PAGE 3
The proposed discharge of waste into the existing system is conditioned to
meet requirements.
8. Adequate public services and facilities exist or will be provided as the result of
the proposed tentative tract map to support project development.
There are adequate provisions for public services to serve the project
development and no deficiencies exist. The provisions for water, sanitation
and public utilities were examined through the environmental review process,
and it was determined that adequate public services will be available for the
proposed project and will not result in adverse impacts.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an Initial Study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA) for Vesting
Tentative Tract Map 16-001 (Tract 3079).
2. Based on the Initial Study, a Mitigated Negative Declaration (MND) was prepared
for public review. A copy of the MND and related materials is located at City Hall in
the Community Development Department and the Community Development
Department is designated as the custodian of documents which constitute the
record of the proceedings for this project.
3. After holding a public hearing pursuant to State and City Codes, and considering the
record as a whole, the City Council finds that the MND has been completed in
compliance with CEQA and the State and local guidelines implementing CEQA and
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 Councils find that said MND 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 and the Mitigation Monitoring and
Reporting Program, instructs the City Clerk to file a Notice of Determination, and approves
Vesting Tentative Tract Map 16-001 with the above findings and subject to the conditions
as set forth in Exhibit "A" and as depicted in Exhibits “B1 – B2”, attached hereto and
incorporated herein by this reference.
BE IT FURTHER RESOLVED that this Resolution shall become effective on the effective
date of Ordinance No. _____, which amends Ordinance No. 355 C.S. “Royal Oaks
Estates” to increase the maximum allowed density within Planned Development 1.3 zoning
district.
Item 10.a. - Page 15
RESOLUTION NO.
PAGE 4
On motion by Council Member __________, seconded by Council Member __________,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this ______ day of __________, 2017.
Item 10.a. - Page 16
RESOLUTION NO.
PAGE 5
_____________________________________
JIM HILL, MAYOR
ATTEST:
__________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
______________________________________
HEATHER WHITHAM, CITY ATTORNEY
Item 10.a. - Page 17
RESOLUTION NO.
PAGE 6
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 16-001 (TRACT 3079)
RODEO DRIVE AND GRACE LANE
This approval authorizes the subdivision of a 7.52-acre property into seven (7) residential
lots ranging in size from 0.58 to 1.32 acres with a 0.28-acre offer of dedication for roadway
purposes.
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. This application shall automatically expire on May 9, 2019 unless a Final Map is
recorded. Thirty (30) days prior to the expiration of the approval, the applicant may
apply for an extension of one (1) year from the original date of expiration.
3. The applicant shall comply with all conditions of approval and mitigation measures
for Vesting Tentative Tract Map 16-001 (Tract 3079).
4. Development shall conform to the PD 1.3 zoning requirements as amended per
Development Code Amendment 17-001 and these conditions of approval.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of May 9, 2017 and marked Exhibits "B1 – B2".
6. Residential development of the site is subject to project Design Guidelines, marked
Exhibit “C”.
7. 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.
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
Item 10.a. - Page 18
RESOLUTION NO.
PAGE 7
DEVELOPMENT CODE
9. Development shall conform to the Planned Development 1.3 zoning requirements
except as otherwise approved and contained within the project Design Guidelines.
Approved building setbacks are as follows:
Setbacks
:
Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7
Front 20’ 20’ 20’ 10’ 20’ 20’ 20’
Sides 10’ 10’ 10’ 10’ 10’ 10’ 10’
Rear Limited to
the
building
envelope
Limited to
the
building
envelope
Limited to
the
building
envelope
Limited to
the
building
envelope
Limited to
the
building
envelope
Limited to
the
building
envelope
Limited
to the
building
envelope
10. Development shall comply with Development Code Sections 16.48.070, Fences,
Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130,
“Screening Requirements”.
11. Development shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”.
12. Noise resulting from construction and operational activities shall conform to the
standards set forth I Chapter 9.16 of the Arroyo Grande Municipal Code (AGMC).
Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday
through Friday. No construction shall occur on Saturday or Sunday.
13. At the time of application for construction permits, the applicant shall provide
details on any proposed exterior lighting, if applicable. The lighting plan shall
include the height, location, and intensity of all exterior lighting consistent with
Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded
so that neither the lamp nor the related reflector interior surface is visible from
adjacent properties. All lighting for the site shall be downward directed and shall
not create spill or glare to adjacent properties. All lighting shall be energy efficient
(e.g. LED).
14. All conditions of this approval run with the land and shall be strictly adhered to,
within the time frames specified, and in an on-going manner for the life of the
project. Failure to comply with these conditions of approval may result in an
immediate enforcement action. If it is determined that violation(s) of these
conditions of approval have occurred, or are occurring, this approval may be
revoked pursuant to Development Code Section 16.08.100.
Item 10.a. - Page 19
RESOLUTION NO.
PAGE 8
SUBDIVISION CONDITIONS
15. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
16. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
17. The developer shall comply with Development Code Chapter 16.68
“Improvements”. All above ground utilities shall be placed underground.
18. Lots shall be numbered in sequence.
SPECIAL CONDITIONS
19. Prior to issuance of a building permit, a separate Architectural Review permit
shall be processed and approved for each undeveloped lot. Project plans,
including landscape and irrigation plans, shall be consistent with the approved
Design Guidelines for the subdivision. Viewshed considerations of proposed
homes shall be included with the Architectural Review permit application.
20. All new residences shall include a single-source clothes washer graywater outlet
and an outside stub-out to allow the later installation of a graywater irrigation
system that complies with the requirements of Section 1502.1.1 of the 2016
California Plumbing Code.
21. A 5’ wide street tree easement shall be provided behind the back of sidewalk along
the street frontage. Individual property owners of the tract will be responsible for
street tree maintenance.
22. Landscaping is required along the Grace Lane and Rodeo Drive frontages that
utilize native or Mediterranean plant materials to create an enhanced natural look.
Lots 1, 5, 6, and 7 are subject to this requirement through the Architectural Review
process. The soil shall be amended appropriately to encourage successful plant
establishment.
23. Tract perimeter fencing shall be split rail with no climb mesh wire similar to fencing
found in Rancho Grande Estates except along the rear property line, which shall be
decorative metal fencing consistent with the adjacent neighborhood. Tract
perimeter fencing shall be installed as part of the public improvements.
24. Lot 4 shall provide an emergency vehicle turnaround subject to review and
approval by the Fire Department and Community Development Director through
the building permit process.
25. The developer shall record an offer of dedication to the City for roadway purposes.
Item 10.a. - Page 20
RESOLUTION NO.
PAGE 9
26. A 15’ wide construction slope easement shall be included on the final map for
constructing a retaining wall should the offer of dedication be accepted to realign
Grace Lane.
27. At the time of sale of individual lots, the new property owners shall sign a
disclosure and buyer acknowledgement regarding the Grace Lane/Rodeo Drive
intersection relocation.
28. The developer shall eradicate the Pampas Grass on site prior to final map using a
method approved by the Community Development Director.
29. Lot 5 can be accessed from either Grace Lane or via a shared driveway with Lot 4.
If Lot 5 is accessed from above, a maintenance agreement between the owners of
Lots 4 and 5 shall be recorded for the shared access.
30. The Five Cities Fire Authority shall approve the driveway design for Lot 5 prior to
final map.
STREET NAMES
31. Street names shall be approved by the Planning Commission in accordance with
Municipal Code Section 12.04 and shown on the Tentative Map.
LANDSCAPING
32. Prior to issuance of a grading permit for the public improvements and individual
lots, all tree protection shall be in place consistent with MM IV-1, and any proposed
tree removal shall be approved by the Public Works Director. Trees to be removed
shall be clearly marked with red ribbon or paint. The developer shall contact the
Public Works Department prior to removing any trees to indicate when tree
removal is expected.
33. Street Trees selected from the City’s approved street tree list, or as specifically
approved through the Architectural Review process, shall be planted at a minimum
of 50’ intervals along the street frontage within a street tree easement. Street trees
shall be planted prior to a certificate of occupancy for individual lots.
34. Prior to issuance of a grading permit, a landscaping and irrigation plan for the
two drainage basins shall be prepared by a licensed landscape architect and/or
biologist familiar with plants uniquely suited to retention basin conditions, subject to
review and approval by the Community Development and Public Works
Departments. The landscaping and irrigation for the drainage basins shall be
installed as part of the public improvements.
Item 10.a. - Page 21
RESOLUTION NO.
PAGE 10
35. All new landscaping is subject to Chapter 16.84 of the Development Code
regarding water efficient landscape requirements. Landscape and irrigation plans
shall be consistent with the State Model Water Efficiency Landscape Ordinance
(MWELO). Landscape and irrigation plans shall be submitted with the Architectural
Review permit for each lot.
SOLID WASTE
36. Interior vehicle travel ways shall be designed to be capable of withstanding loads
imposed by trash trucks.
INCLUSIONARY HOUSING
37. The developer shall comply with Development Code Chapter 16.80 “Inclusionary
Affordable Housing Requirements”.
BUILDING AND FIRE DIVISION CONDITIONS
BUILDING CODES
38. The project shall comply with the most recent editions of the California Building and
Fire Codes as adopted by the City of Arroyo Grande.
FIRE HYDRANTS
39. Prior to final of subdivision improvements, fire hydrants shall be installed, per
Fire Department and Public Works Department standards, and per the California
Fire Code.
ABANDONMENT/NON-CONFORMING
40. 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.
ENGINEERING DIVISION AND PUBLIC WORKS DEPARTMENT CONDITIONS
All Engineering Division and Public Works Department conditions of approval as
listed below are to be complied with prior to recording the Final Map, unless
specifically noted otherwise.
GENERAL IMPROVEMENT REQUIREMENTS
41. The developer shall weep streets in compliance with Standard Specifications
Section 13-4.03F.
Item 10.a. - Page 22
RESOLUTION NO.
PAGE 11
42. Working hours shall comply with Standard Specification Section 5-1.01.
43. All residential units shall be designed to mitigate impacts from non-residential
project noise, in compliance with the City’s noise regulations.
44. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
45. Record Drawings (”as-build” plans) are required to be submitted prior to release of
the Faithful Performance Bond.
46. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director in compliance with Engineering Standard
1010 Section 9.3. Provide one (1) set of paper prints and electronic documents on
CD or flash drive in both AutoCAD and PDF format.
47. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved
improvement plans for inspection purposes during construction.
48. Preserve existing survey monuments and vertical control benchmarks in
compliance with Standard Specifications Section 5-1.26A.
49. Provide one (1) new vertical control survey benchmark, per City Standard, as
directed by City Engineer.
50. Any review costs generated by outside consultants shall be paid by the applicant.
51. All access roads and fire hydrants shall be installed prior to allowing wood or other
combustibles on site.
SPECIAL IMPROVEMENT REQUIREMENTS
52. Tract perimeter fencing shall be installed prior to final map. Split rail shall be used
on all sides except for the rear property line where decorative metal fencing shall
be installed, consistent with the adjacent neighborhood. All dilapidated fencing on
site shall be removed.
IMPROVEMENT PLANS
53. Public Improvement Plans, Site Civil Plans, and Maps shall be submitted to the
Community Development Department Engineering Division be separate submittal
from any vertical construction/structures building improvement plans.
Item 10.a. - Page 23
RESOLUTION NO.
PAGE 12
54. Improvement plans must comply with Engineering Standard 1010 Section 1 and
shall be prepared by a registered Civil Engineer or qualified specialist licensed in
the State of California and approved by the Public Works Department and/or
Community Development Department. The following plan sheet shall be provided:
a. Site Plan
i. The location and size of all existing and proposed water, sewer, and
storm drainage facilities within the project site and abutting streets or
alleys.
ii. The location, size and orientation of all trash enclosures.
iii. All existing and proposed parcel lines and easements crossing the
property.
iv. The location and dimension of all existing and proposed paved areas.
v. The location of all existing and proposed public or private utilities.
vi. Location of 100-year flood plain and any areas of inundation within
project area.
b. Grading Plan with Cross Sections
c. Retaining Wall Plan and Profiles
d. Roadway Improvements Plan and Profiles
e. Storm Drainage Plan and Profile
f. Utilities - Water and Sewer Plan and Profile
g. Utilities – Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right-of-Way
k. Tree Protection Plan
l. Details
m. Notes
n. Conditions of Approval and Mitigation Measures
o. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
p. Engineers estimate for construction cost based on County of San Luis
Obispo unit cost.
55. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
56. Underground improvements shall be installed prior to street paving.
57. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
58. Upon approval of the improvement plans, the applicant shall provide a reproducible
mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to
acceptance of the improvements, the applicant shall provide reproducible mylars,
Item 10.a. - Page 24
RESOLUTION NO.
PAGE 13
and 2 sets of prints of the approved record drawings (as-builts).
59. If applicable, submit all retaining wall calculations for review and approval by the
Community Development Director including any referenced geotechnical report.
60. Applicant shall fund outsourced plan and map check services, as required.
61. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right-of-way.
STREET IMPROVEMENTS
62. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to an overlay or type 2 slurry seal.
63. Overlay streets or place type 2 slurry seal on any roads dedicated to the City prior
to acceptance by the City. Determination whether to use overlay or slurry seal
shall be made by the Public Works Director.
64. Remove existing roadway striping and markers prior to any overlay or slurry seal
work to the satisfaction of the Public Works Director. Use only thermoplastic
roadway striping.
65. 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.
66. Street width geometry shall comply with Engineering Standard 7010. The cul-de-
sac is designated as a Local Road.
67. Cul-de-sac profile vertical curves shall comply with 2015 Highway Design Manual
for sag and vertical crested vertical curves that are controlled by stopping sight
distance. Based on Tentative Tract Map profile the sag vertical curve length must
be increased from a 50-foot length to an 80-foot length, or as determined by the
City Engineer.
68. The driveway access for Lot 4 shall be marked as a “Fire Lane” per the California
Fire Code.
CURB, GUTTER, AND SIDEWALK
69. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
70. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
Item 10.a. - Page 25
RESOLUTION NO.
PAGE 14
71. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
72. Any sections of damaged or displaced curb, gutter & sidewalk or driveway
approach shall be repaired or replaced to the satisfaction of the Public Works
Director.
DEDICATIONS AND EASEMENTS
73. The property owner shall offer for dedication to the public the right-of-way for the
proposed cul-de-sac and portions of Lot 6 and 7 as shown on Tentative Tract Map
for future Rodeo Drive and Grace Lane realignment.
74. 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.
75. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right-of-ways. Street tree easements shall be a minimum of 10 feet beyond
the right-of-way, except that street tree easements shall exclude the area covered
by public utility easements.
76. Access shall be denied to Rodeo Drive and Grace Lane from lots 1, 6, and 7. The
access denial shall be offered by the property owner and recorded on the map or
other document as is acceptable to the City.
77. 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.
GRADING AND DRAINAGE
78. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two
(2) copies of the final project-specific Storm Water Pollution Prevention Plan
(SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis
Obispo Regional Water Quality Control Board (RWCB) requirements.
79. All grading shall be performed in accordance with the City Grading Ordinance and
Standard Specifications and Engineering Standards.
80. Drainage design requirements and facilities shall be in compliance with
Engineering Standard 1010 Section 5.1.1 hydrology through Section 5.2.3
operations and maintenance.
Item 10.a. - Page 26
RESOLUTION NO.
PAGE 15
81. A soils report for the project shall be prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
82. The applicant shall dedicate a pedestrian access easement(s) for the ADA
sidewalk extension.
83. Infiltration basins shall be designed based on soil tests. Infiltration test shall
include adequate borings depth and frequency to support design
recommendations. The infiltration basins shall be landscaped according to
Condition No. 31, and shall be maintained through a maintenance agreement,
approved by the City Attorney.
84. Provide drainage basin overflow. Basin overflow path may not travel over adjacent
sidewalk.
85. Site plans shall include a temporary drainage solution for erosion and stormwater
runoff, and shall be designed, approved and installed prior to the start of the rainy
season, or October 15th, whichever is sooner.
WATER
86. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
87. Each parcel shall have separate water meters.
88. Non-potable water is available at the Soto Sports Complex. The City of Arroyo
Grande does not allow the use of hydrant meters.
89. Lots using fire sprinklers shall have individual service connections. A fire sprinkler
engineer shall determine the size of the water meters.
SEWER
90. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8”.
91. All sewer laterals shall comply with Engineering Standard 6810.
92. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for
the appropriate use, minimum 4”.
93. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with Standard Specifications and Engineering
Item 10.a. - Page 27
RESOLUTION NO.
PAGE 16
Standards.
94. Obtain approval from the South County Sanitation District for the development’s
impact to District facilities prior to permit issuance.
95. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
PUBLIC UTILITIES
96. Prior to approving any building permit within the project for occupancy, all
conditions of approval for project are satisfied.
97. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to
the Director of Public Works for approval.
98. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q.
TREE PRESERVATION/TREE REMOVAL PLAN
99. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance.
100. Prior to issuance of a grading or building permit, the developer shall submit a
tree preservation and tree removal plan to the Director of Public Works/City
Arborist for undeveloped parcels or lots with trees. The plan shall include the
location, size and species of all trees located on the lot or on adjoining lots, where
development could affect the roots or limbs of trees on adjacent property.
101. All significant trees to be removed as designated by the Director of Public
Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the
approval of the Public Works Director, tree removal shall be mitigated by planting
on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a
15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to
issuance of a grading permit, all trees shall be planted or fees paid.
102. Prior to issuance of a grading permit, all trees to remain on site shall be marked
with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The
fence shall be located at a minimum of eight (8') foot radius from the trunk of the
tree.
103. All trees on the construction site to be preserved shall be protected under the
conditions of the Community Tree Ordinance (431 C.S.) which include but are not
limited to:
Item 10.a. - Page 28
RESOLUTION NO.
PAGE 17
a. No mechanical trenching within the drip line of a tree, unless approved
by the Parks and Recreation Director.
b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of
any tree.
c. No grading shall occur under a trees dripline, unless approved by the
Public Works Director.
d. A five foot (5') protective fence shall be constructed a minimum of 8'
from the trunk of each tree or at the dripline, whichever distance is
greater.
e. At a minimum, all pruning shall comply with the American National
Standards Institute (ANSI) A300 Pruning Standards and Best
Management Practices. An independent certified arborist, paid for by
the developer and selected by the Public Works Director, shall conduct
all pruning on site. The independent arborist shall report to the City’s
Arborist regarding any pruning activities.
104. All trees to be pruned shall be pruned under supervision of a Certified Arborist
using the International Society of Arboriculture (ISA) Pruning Standards.
PUBLIC SAFETY
105. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
AGREEMENTS
106. 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.
107. Subdivision Improvement Agreement: The applicant 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.
108. Maintenance Agreement: Prior to recording the final map, a joint maintenance
agreement for the project’s drainage system and detention basins shall be
submitted for the review and approval of the City Attorney. The joint maintenance
agreement shall be recorded prior to or concurrently with the final map.
OTHER DOCUMENTATION
109. Preliminary Title Report: A current preliminary title report shall be submitted to the
Director of Public Works prior to checking the map. A current subdivision
guarantee shall be submitted to the Director of Public Works prior to recording the
Map.
Item 10.a. - Page 29
RESOLUTION NO.
PAGE 18
PRIOR TO ISSUING A BUILDING PERMIT
110. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
111. All utilities shall be operational.
112. 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.
113. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City.
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
114. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a.___ Map check fee for tract map.
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)
e.___ Inspection Fee of subdivision or public works construction plans.
(Based on an approved construction cost estimate)
f.___ Plan Review Fee
(Based on the current Building Division fee schedule)
115. FEES TO BE PAID PRIOR TO RECORDATION OF THE FINAL MAP
a.___ Park Development fee, the developer shall pay the current park
development fee, and/or donate land in-lieu of, for each lot approved,
in accordance with City Ordinance 313 C.S.
b.___ Park Dedication, the developer shall dedicate, in accordance with City
Ordinance 313 C.S., land for park purposes.
c.___ Park Improvement fee, the developer shall pay the current park
improvement fee, for each lot approved, in accordance with City
Ordinance 313 C.S.
d.___ Affordable Housing In-Lieu Fee, in accordance with Chapter 16.80 of
the Development Code.
Item 10.a. - Page 30
RESOLUTION NO.
PAGE 19
116. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a.___ Water Neutralization fee, to be based on codes and rates in effect
at the time of building permit issuance, involving water connection or
enlargement of an existing connection.
b.___ Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.04.030.
c.___ Water Meter charge to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22.
d.___ Water Availability charge, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with - (not
correct).
e.___ Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
Res. 3021.
f.___ Traffic Signalization fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Ord. 346
C.S., Res. 1955.
g.___ Sewer Connection fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.12.190.
h.___ South San Luis Obispo County Sanitation District Connection
fee in accordance with Municipal Code Section 13.12.180.
i.___ Drainage fee, as required by the area drainage plan for the area
being developed.
j.___ Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
effect at the time of building permit issuance in accordance with Ord.
313 C.S.
k.___ Construction Tax, the applicant shall pay a construction tax pursuant
to Section 3-3.501 of the Arroyo Grande Municipal Code.
l.___ Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
m.___ 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.
n.___ 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.
Item 10.a. - Page 31
RESOLUTION NO.
PAGE 20
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.
(B) 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 development.
BONDING SURETY
117. Prior to issuance of the grading or building permit, all new residential
construction requires posting of a $1,200.00 performance bond for erosion control
and damage to the public right-of-way. This bond is refundable upon successful
Item 10.a. - Page 32
RESOLUTION NO.
PAGE 21
completion of the work, less expenses incurred by the City in maintaining and/or
restoring the site.
118. The applicant shall provide bonds or other financial security as listed in this
condition. All bonds or securities shall be in a form acceptable to the City, and
shall be provided prior to recording of the map, unless noted otherwise. The
minimum term for Improvement securities shall be equal to the term of the
subdivision agreement.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Erosion Control and Landscape, 100% of the approved estimated
cost of all erosion control work during construction and the estimated
cost of all final landscaping after construction is complete. This bond
is refundable upon successful completion of the work, less expenses
incurred by the City in maintaining and/or restoring the site.
c. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
d. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
e. Monumentation, 100% of the estimated cost of setting survey
monuments.
f. Tax Certificate, In accordance with Section 9-15.130 of the
Development Code, 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
Item 10.a. - Page 33
RESOLUTION NO.
PAGE 22
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.
MM I-1: Prior to issuance of a building permit to construct a home on an
individual lot within the subdivision, the Architectural Review Committee shall
review the design of the home through the Architectural Review permit
application process. Homes shall be similar in design to those within the
adjacent Grace Lane and Rancho Grande subdivisions. Special attention shall be
placed on the massing and exterior colors and materials of individual homes to
lessen the visual impact from US Highway 101 and residential development to
the east.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning Division
Timing: Prior to issuance of a building permit
MM III-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of
the California Code of Regulations. This regulation limits idling from diesel-fueled
commercial motor vehicles with gross vehicular weight ratings of more than
10,000 pounds and licensed for operation on highways. It applies to California
and non-California based vehicles. In general the regulation specifies that
drivers of said vehicles:
Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location.
Shall not operate a diesel-fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater that 5 minutes at any
location when within 1,000 feet of a restricted area.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM III-2: Off-road diesel equipment shall comply with the 5 minute idling
restriction identified in Section 2449(d)(2) of the California Air Resources Board’s
In-Use Off-Road Diesel regulation.
Item 10.a. - Page 34
RESOLUTION NO.
PAGE 23
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM III-3: Signs must be posted in the designated queuing areas and job sites to
remind drivers and operators of the State’s 5 minute idling limit.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM III-4: The project applicant shall comply with these more restrictive
requirements to minimize impacts to nearby sensitive receptors (adjacent
residential development):
Staging a queuing areas shall not be located within 1,000 feet of sensitive
receptors;
Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
Use of alternative fueled equipment is recommended; and
Signs that specify no idling areas must be posted and enforced at the site.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM III-5: The project shall implement the following mitigation measures to
manage fugitive dust emissions such that they do not exceed the APCD’s 20%
opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402):
Reduce the amount of the disturbed area where possible;
Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the APCD’s limit of
20% opacity for greater than 3 minutes in any 60 minute period.
Increased watering frequency would be required when wind speeds
exceed 15 mph. Reclaimed (non-potable) water should be used whenever
possible;
All dirt stock pile areas should be sprayed daily and covered with tarps or
other dust barriers as needed;
Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as
possible, following completion of any soil disturbing activities;
Item 10.a. - Page 35
RESOLUTION NO.
PAGE 24
Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading should be shown with a fast
germinating, non-invasive, grass seed and watered until vegetation is
established;
All disturbed soil areas not subject to revegetation should be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD;
All roadways, driveways, sidewalks, etc. to be paved should be completed
as soon as possible. In addition, building pads should be laid as soon as
possible after grading unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
All trucks 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 23'114;
Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site;
Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall be used with reclaimed water
should be used where feasible. Roads shall be pre-wetted prior to
sweeping when feasible;
A listing of all required mitigation measures should be included on grading
and building plans; and,
The contractor or builder shall designate a person or persons to monitor
the fugitive dust emissions and enhance the implementation of the
measures as necessary to minimize dust complaints, reduce visible
emissions below the APCD's limit of 20% opacity for greater than 3
minutes in any 60 minute period. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD
Compliance Division prior to the start of any grading, earthwork or
demolition.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM III-6: Prior to the start of the project, the applicant shall obtain all necessary
permits for equipment to be used during construction by contacting the APCD
Engineering Division at (805) 781-5912.
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RESOLUTION NO.
PAGE 25
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: Prior to start of work
MM III-7: Prior to any grading activities, the project sponsor 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 Air Resource Board
(ARB) Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying
and Surface Mining Operations.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department, APCD
Timing: Prior to issuance of grading permit
MM III-8: Burning of vegetative material on the development site shall be
prohibited.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM III-9: Should hydrocarbon-contaminated soil be encountered during
construction activities, the APCD shall be notified within forty-eight (48) hours of
such contaminated soil being discovered to determine if an APCD permit is
required. In addition, the following measures shall be implemented immediately
after contaminated soil is discovered:
Covers on storage piles shall be maintained in place at all times in areas
not actively involved in soil addition or removal.
Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH – non-permeable barrier such as plastic
tarp. No headspace shall be allowed where vapors could accumulate.
Covered piles shall be designed in such a way as to eliminate erosion due
to wind or water. No openings in the covers are permitted.
During soil excavation, odors shall not be evident to such a degree as to
cause a public nuisance.
Clean soil must be segregated from contaminated soil.
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RESOLUTION NO.
PAGE 26
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM IV-1:
Protective fencing shall be installed at the dripline around each tree to remain.
The fencing shall be installed prior to any site clearing, grading, or demolition
activities, and shall remain in place until construction is complete, including
landscaping. Weatherproof signs shall be permanently posted on the fences,
stating the following:
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM IV-2:
Removal of Coast Live oak trees of any size shall be replaced in kind at a 3:1
ratio on the project site. The replacement trees shall be 15-gallon in size and
called out as “mitigation trees” on the final landscape and irrigation plan.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning Division
Timing: Prior to issuance of building permit (approval of
landscape and irrigation plan) and prior to final
(planting of trees)
MM V-1: If a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius
of the find shall cease until a qualified archaeologist determines whether the
uncovered resource requires further study. A standard inadvertent discovery
clause shall be included in every grading and construction contract to inform
contractors of this requirement. Any previously undiscovered resources found
Tree Protection Zone
No personnel, equipment, materials, or
vehicles are allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general
contractor]
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RESOLUTION NO.
PAGE 27
during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of
California Environmental Quality Act criteria by a qualified archaeologist.
Potentially significant cultural resources consist of, but are not limited to, stone,
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During construction
MM V-2: If human remains are encountered during earth-disturbing activities, all
work in the adjacent area shall stop immediately and the San Luis Obispo County
Coroner’s office shall be notified. If the remains are determined to be Native
American in origin, the Native American Heritage Commission shall be notified
and will identify the Most Likely Descendent, who will be consulted for
recommendations for treatment of the discovered remains.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During construction
MM VII-1: Prior to issuance of a building permit, all construction plans shall
incorporate the following GHG-reducing measures where applicable:
Incorporate outdoor electrical outlets to encourage the use of electric
appliances and tools.
No residential wood burning appliances.
Trusses for south-facing portions of roofs shall be designed to handle
dead weight loads of standard solar-heated water and photovoltaic panels.
Roof design shall include sufficient south-facing roof surface, based on
structures size and use, to accommodate adequate solar panels. For
south facing roof pitches, the closest standard roof pitch to the ideal
average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
Item 10.a. - Page 39
RESOLUTION NO.
PAGE 28
Plant drought tolerant, native shade trees along southern exposures of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally if possible.
Install high efficiency heating and cooling systems.
Design homes to include roof overhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south
facing windows (passive solar design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Star®).
Utilize double-paned windows.
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPA/DOE
Energy Star® rating to reduce summer cooling needs.
Eliminate high water consumption landscaping with emphasis on native
plants.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building and
Engineering Divisions
Timing: Prior to issuance of a Grading Permit or
Building Permit
MM IX-1: The following BMPs shall be incorporated into the project:
Roof Downspout System. Direct roof drains to pervious areas to allow
infiltration prior to discharging to water bodies or the municipal storm drain
system.
Run-off Control. Maintain post-development peak runoff rate and average
volume of runoff at levels that are similar to pre-development levels.
Labeling and Maintenance of Storm Drain Facilities. Label new storm drain
inlets with “No Dumping – Drains to Ocean” to alert the public to the
destination of stormwater and to prevent direct discharge of pollutants into
the storm drain.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and
Engineering Divisions
Timing: Prior to issuance of a Building Permit
Item 10.a. - Page 40
RESOLUTION NO.
PAGE 29
MM XII-1: Construction activities shall be restricted to between the hours of 8
a.m. and 5 p.m. Monday through Friday. No construction shall occur on
Saturday or Sunday. Equipment maintenance and servicing shall be confined to
the same hours. To the greatest extent possible, grading and construction
activities should occur during the middle of the day to minimize the potential for
disturbance of neighboring noise sensitive uses.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and
Engineering Divisions
Timing: During construction
MM XII-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.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and
Engineering Divisions
Timing: During construction
MM XII-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: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and
Engineering Divisions
Timing: During construction
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