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R 4220 RESOLUTION NO. 4220 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP NO. 3019 LOCATED NORTHEAST OF WEST BRANCH STREET AND RODEO DRIVE, COMPOSED OF EIGHT (8) LOTS, APPLIED FOR BY THE COUNTY OF SAN LUIS OBISPO WHEREAS, the County of San Luis Obispo applied for Tentative Tract Map No. 3019 to subdivide approximately 27 acres located northeast West Branch Street and Rodeo Drive into eight (8) lots within the area known as the South County Regional Center; and WHEREAS, after due study, deliberation and public hearings conducted on April 7, July 7, July 21, August 18 and September 1, 2009, the Planning Commission has recommended approval of General Plan Amendment and Development Code Amendment (GPA/DCA) Case No. 09 -001, including Subarea 5 involving reclassification of approximately one (1.0) acre of the subject property from Community Facilities to Single Family Residential Medium Density and to rezone said portion of the property from Public Facility (PF) district to Residential Suburban (RS) zoning district, and to reclassify approximately two (2.0) acre portion of the subject property from Community Facilities to Multiple Family Residential- Medium High Density and to rezone said portion from Public Facility, PF, to Multiple Family, MF, zoning district; and WHEREAS, the City Council has found that GPA/DCA CASE No. 09 -001 and Tentative Tract Map No. 3019 are consistent with the City's General Plan and Development Code as amended; and WHEREAS, the City Council has reviewed these proposals and this project in compliance with the Califomia Environmental Quality Act (CEQA), the State CEQA Guidelines and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has recommended adoption of a Mitigated Negative Declaration for these projects; and WHEREAS, on September 22, 2009 the City Council finds, after due study, deliberation and public hearings, including concurrent adoption of a Mitigated Negative Declaration and concurrent General Plan Amendment and Development Code Amendment 09 -001, that the following circumstances exist: Tentative Tract Findings: 1. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan and the Development Code as amended. The proposed tentative tract map will enable four (4) Residential Suburban lots on a one (1) acre portion of the subject property southeast of Rodeo Drive and Mercedes Lane and one 2.0 acre lot on the south side of Rodeo Drive near Grace Lane and as a transition to a potential Public Facility development on the three lots designated and zoned for Public Facility on the northeast side of West Branch Street near Rodeo Drive. RESOLUTION 140. 4220 PAGE 2 2. The site is physically suitable for the type of development proposed. The four proposed Residential Suburban lots are on level terrain, with a proposed lot depth and width similar in size to the adjoining existing Single Family Residential development of Royal Oak Estates, Tract No. 1390, and the Multiple Family designation and MF zoning proposes residential development compatible with existing houses as well as providing transition to the potential Public Facility development. 3. The site is physically suitable for the proposed density of development. The four (4) Residential Suburban, RS, Tots are on level terrain and are similar to the density of the adjoining existing residential development and the potential Multiple Family, MF, lot is on sloping terrain providing a transition to the Public Facility lots and existing potential Public Facility developments with access to West Branch Street and Rodeo Drive composing the South County Regional Center area. 4. The design of the tentative tract map and the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The proposed Residential Suburban and Multiple Family zoned lots and the potential Public Facility developments are located in and adjoin the South County Regional Center and constitute infill development with existing streets and minor utility and other infrastructure improvements having no impacts on fish or wildlife habitat, which fauna would be preserved and protected within a proposed Conservation and Open Space Overlay and maintenance easement containing the drainage, trails and habitat areas bisecting the South County Regional Center. 5. The design of the subdivision is not likely to cause serious public health problems. The residential and Public Facility uses will be served by existing and proposed water, sewer, drainage, utilities and streets which are adequate for the potential uses. 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 alternative easements will be substantially equivalent to ones previously acquired by the public. The existing public streets and easements provide for access, drainage and other public utilities, including existing water lines and proposed sewer lines are provided easements to enable adequate services. 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. The subdivision will comply with all City and South San Luis Obispo County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Development will constitute infill and utilize existing street, water and other RESOLUTION NO. 4220 PAGE 3 infrastructure and services and sewer, sidewalk and other improvements are proposed as part of the tract to support project development. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Tentative Tract Map No. 3019 subject to the conditions set forth in "Exhibit A attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution shall become effective upon the effective date of Ordinance No. 612. On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the following roll call vote, to wit: AYES: Council Members Arnold, Guthrie, Fellows, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Resolution was adopted this 22 day of September 2009. RESOLUTION NO. 4220 PAGE 4 TONY FEW MAYOR ATTEST 1 KELLY ET RE, CITY CLERK APPROVED AS TO CONTENT: 1 TE ADAMS, CITY MANAGER APPROVED A TO FORM: TIM THY J. LILY ATTORNEY RESOLUTION NO. 4220 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 3019 Northeast of West Branch Street Near Rodeo Drive, Part of South County Regional Center COMMUNITY DEVELOPMENT DEPARTMENT This approval authorizes subdivision of four (4) Residential Suburban, RS, lots and one (1) 2.0 acre Multiple Family, MF, lot and three (3) Public Facility (PF) lots containing approximately 27.0 acres on the north side of West Branch Street near Rodeo Drive, effective with GPA/DCA Case No. 09 -001. GENERAL CONDITIONS: 1. The applicant or its successors shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant or its successors shall comply with all conditions of approval for Tentative Tract Map No. 3019. 3. This approval shall automatically expire on September 22, 2011 unless a final map is filed. Prior to the expiration of the approval, the applicant or its successors may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of September 22, 2009 (on file in the Community Development Department). 5. The applicant or its successors shall, as a condition of approval of this application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. Development shall conform to the Residential Suburban, Multiple Family and Public Facility zoning districts standards and requirements as established by GPA/DCA Case No. 09 -001, except as otherwise approved. 7. All conditions of approval for the project shall be included in construction drawings. RESOLUTION NO. 4220 PAGE 6 SPECIAL CONDITIONS: 8. The Multiple Family Residential development of Lot 3 shall conform to Development Code requirements for inclusionary or affordable housing and may be used to offset same applicable requirements for Lots 5 -8. 9. All City standard subdivision improvements required for Residential Suburban development of Lot 3 and Lots 5 through 8, inclusive shall be completed prior to issuance of building permits for house construction on any one of these lots including relocation of a storm drainage line and easement across portion of Lot 7. Lots 1, 2 and 4 shall be exempt from sidewalk and underground utilities improvements for purposes of this approval. 10. Sewer collection laterals, water meters, sidewalks and driveways and other utilities to facilitate development shall be completed prior to or concurrent with Residential Suburban development of lots 5 through 8 inclusive. MITIGATION MEASURES: AIR QUALITY 11. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the later morning and after work is completed for the day and whenever winds exceed 15 miles per hour. Only non potable water shall be used for the purpose of controlling dust during construction activities. 12. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 13.AII vehicles hauling dirt, sand, soil, or other loose materials shall be covered or maintain at least two feet of freeboard (minimum vertical distance) between top of load and top of trailer, in accordance with CVC Section 23114. 14. Wheel washers shall be installed where vehicles enter and exit onto streets, or all trucks and equipment shall be washed off before leaving the project site. Only non potable water shall be used for the purpose of washing wheels and /or equipment. 15. Streets shall be swept at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers shall only use non potable water. CULTURAL RESOURCES 16.The following note shall be included on all construction documents: "In the event that during grading, construction or development of the project, and cultural resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the RESOLUTION NO. 4220 PAGE 7 County Coroner shall be contacted immediately. The applicant may be required to provide archaeological studies and /or mitigation measures." HYDROLOGY AND WATER QUALITY 17. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, low flow showerheads, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 18. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. All landscape plans shall be subject to review and approval by the Recreation and Maintenance Services Department. BUILDING DIVISION AND FIRE DEPARTMENT STANDARD CONDITIONS: BUILDING CODES 19. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. DISABLED ACCESS 20.AII subsequent developments shall provide complete compliance with State and Federal disabled access requirements. FIRE LANES 21.AII fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW /FIRE HYDRANTS 22. Project shall have a fire flow based on the California Fire Code appendix III -A. 23. Prior to combustible materials being placed on site, fire hydrants shall be installed, per Fire Department and Community Development Department standards. FIRE SPRINKLERS 24. Prior to occupancy, all buildings must be fully sprinklered per Building Division and Fire Department guidelines. 25. Provide Fire Department approved access and sprinkler- systems per National Fire Protection Association Standards. RESOLUTION NO. 4220 PAGE 8 FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT 26. Water Meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 27. Water Neutralization fee, to be based on codes and rates in effect at the time of budding permit issuance. 28. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 29. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance. 30. Sewer hook -up facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 31. Drainage fee, as required by the area drainage plan for the area being developed. 32. Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 33. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. 34. Park Development fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 35. Park Improvements fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 36. Street Tree fees, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 37. Community Centers fee, to be based on codes and rates in effect at the time of building permit issuance. (Residential Development only) 38. Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. 39. Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. RECREATION AND MAINTENANCE SERVICES CONDITIONS SPECIAL CONDITIONS: 40. Install new concrete sidewalks across the property frontage of Mercedes Lane and Rodeo Drive adjoining Lots 5 -8. RESOLUTION NO. 4220 PAGE 9 41. Remove and replace any damaged sections of curb and gutter or where residential driveways are constructed within the project frontages on Rodeo Drive and Mercedes Lane. 42. Perform detailed drainage calculations verifying a storm water retention basin on Lot 4 has sufficient capacity to handle the increased storm water runoff as necessary. 43. Covenants, Conditions, and Restrictions for Single Family Residential Suburban development of Lots 5 through 8 inclusive shall be the same as approved and recorded for Tract No. 1390, Royal Oak Estates. 44. Dedicate street tree planting and maintenance easements adjacent to Rodeo Drive and Mercedes Lane rights of way. 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. No tree removal or lot grading permits are proposed as part of subdivision construction. GENERAL CONDITIONS: 45. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Community Development. 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 46. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 47. Submit four (4) full -size paper copies and one (1) full -size mylar copy of approved improvement plans for inspection purposes during construction. 48. Submit as -built plans at the completion of the project or improvements as directed by the City Engineer. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 49. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the City Engineer or qualified designee: a. Grading, drainage and erosion control, b. Street paving, curb, gutter and sidewalk, c. Public utilities, RESOLUTION NO. 4220 PAGE 10 d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 50. 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. 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. 51. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 52. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Maintenance and Recreation Services Departments. WATER 53. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 54. Each parcel shall have separate water meters and a fire sprinkler engineer shall determine the size of the water meters. SEWER 55. Each parcel shall be provided a separate sewer lateral. 56. 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 57. Underground improvements shall be installed. 58. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the City Engineer or designee for approval. RESOLUTION NO. 4220 PAGE 11 59. Submit the final map to the public utility companies for review and comment. Utility comments shall be forwarded to the City Engineer or designee for approval. STREETS 60. Obtain approval from the City Engineer or designee prior to excavating in any street recently over -laid or slurry sealed. 61. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy, and all street repairs shall be constructed to City standards. CURB, GUTTER AND SIDEWALK 62. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 63. Install root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 64. Perform all grading in conformance with the City Grading Ordinance. 65. 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. DRAINAGE 66. All drainage facilities shall be designed to accommodate a 100 -year storm flow and in accordance with the Drainage Master Plan. DEDICATIONS AND EASEMENTS 67. 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. RESOLUTION NO. 4220 PAGE 12 PERMITS 68. 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 69. Obtain a grading permit prior to commencement of any grading operations on site. FEES 70. Pay all required City fees at the time they are due. 71. 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. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. AGREEMENTS 72. 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. 73. 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 74. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 75. Submit an engineer's estimate of quantities for public improvements for review by the City Engineer or designee. 76. Provide financial security for the following, to be based upon a construction cost estimate approved by the City Engineer or designee: RESOLUTION NO. 4220 PAGE 13 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 developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. OTHER DOCUMENTATION 77. 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. 78. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the City Engineer or designee with the final submittal of the Map. PRIOR TO ISSUING A BUILDING PERMIT 79. The Final Map shall be recorded with all pertinent conditions of approval satisfied. 80. Prior to issuance of a building permit, the applicant shall submit a final landscape plan, subject to review by and approval of the Director of Recreation Maintenance Services Department, including street trees on Lots 5 through 8. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 81. All utilities shall be operational. 82. 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 City Engineer or designee. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4220 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 22 day of September 2009. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25 day of September 2009. cam! IAA-- KELLY E ORE, CITY CLERK