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R 3544 RESOLUTION NO. 3544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 99-013 AND VARIANCE CASE NO. 01-001, LOCATED ON THE NORTHWEST CORNER OF CAMINO MERCADO AND WEST BRANCH STREET, APPLIED FOR BY STEPHEN COOL AND GARY WHITE WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001, filed by Stephen Cool and Gary White, to construct five (5) professional office buildings and to deviate from the six foot (6') maximum wall height; and WHEREAS, the City Council has held a public hearing on these applications in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEOA), the State CEOA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEOA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Highway Service (H-S) District of the Oak Park Acres Planned Development (PD 1.1) pursuant to Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. ~.,-_._--_..,._._..__.. RESOLUTION NO. 3544 PAGE 2 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. Variance Findings: 1. The strict or literal interpretation and enforcement of the maximum wall height regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area because a strict interpretation of the Development Code does not take into consideration the sloping topography of the project site. 2. There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. Specifically, the project site rises considerably from West Branch Street and requires a retaining wall to hold back the slope for any development on the property. A combination retaining wall and railing is necessary for safety purposes along the access driveway. Complying with the maximum six-foot (6') height limit would require excessive grading and oak tree removal. 3. The strict or literal interpretation and enforcement of the maximum wall height regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone because other surrounding property owners have combination wall/fences of similar heights. 4. The granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone because surrounding properties have wall/fences of similar heights. 5. The granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. 6. The granting of a variance is consistent with the objectives and policies of the General Plan and the intent of the Development Code. Architectural Review Findings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. ---------- RESOLUTION NO. 3544 PAGE 3 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Required CEOA 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 (CEaA), for Conditional Use Permit Case No. 99-013. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of Administrative Services to file a Notice of Determination, and approves Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001, with the above findings and subject to the conditions, mitigation measures and monitoring program as set forth in Exhibit n An, attached hereto and incorporated herein by this reference. On motion by Council Member Lubin, seconded by Council Member Runels, and by the following roll call vote, to wit: AYES: Council Members Lubin, Runels, Dickens, Ferrara, and Mayor Lady NOES: None ABSENT: None the foregoing Resolution was adopted this 14th day of August, 2001. --.._~._------_.~ RESOLUTION NO. 3544 PAGE 4 / MICHAEL A. LADY, ATTEST: APPROVED AS TO CONTENT: ~ //~._~ 5 N ADAMS, CITY MANAGER APPROVED AS TO FORM: i JORNEY .-..-.-.---.-.- RESOLUTION NO. 3544 PAGE 5 EXHIBIT II A II CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 99-013 AND VARIANCE CASE NO. 01-001 Stephen Cool and Gary White Northwest Corner of Camino Mercado and West Branch Street COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of five (5) professional office buildings totaling approximately 24,300 square feet, and a deviation from the six foot (6') maximum wall height to allow up to a 14' wall height for the wall located along the north (rear) property line and up to a 13'-6" wall height for the wall located along the south (front) property line. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 99-013 and Variance Case No. 01-001. 3. This application shall automatically expire on August 14, 2003 unless a building permit is issued. 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. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of August 14, 2001 and marked Exhibits "B1 - B13". 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the Highway Service (H-S) zoning requirements of the Oak Parks Planned Development except as otherwise approved. .._ .____.^m_..~.____ RESOLUTION NO. 3544 PAGE 6 7. Signage shall be subject to the requirements of Development Code Chapter 9- 13. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. NOISE 9. Construction shall be limited to between the hours of 7 a.m. and 6 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. WATER 10. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. SOLID WASTE 11. Solid waste pick-up location as identified is acceptable. 12. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. PRIOR TO ISSUING A BUILDING PERMIT: 13. The applicant shall submit wall elevations identifying surface materials for review and approval by the Community Development Director. 14. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and Parks and Recreation Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. RESOLUTION NO. 3544 PAGE 7 4. Trees to be removed shall be replaced at a 3: 1 ratio with 15-gallon size native trees. 5. Permeable paving shall be placed in the parking area under the dripline of all existing oak trees to remain. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 15. Development shall comply with Development Code Sections 9-10.070, "Fences, Walls and Hedges" (subject to approval of a Variance application); 9- 10.080, "Lighting" ; 9-10.110, "Performance Standards"; and 9-10.120 "Screening Requirements". ARCHITECTURAL REVIEW COMMITTEE 16. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. 17. All electrical panel boxes shall be installed inside the building. PARKS AND RECREATION DEPARTMENT CONDITIONS 18. The applicant shall comply with the provisions of Ordinance 521 . C.S., the Community Tree Ordinance. 19. Linear root barriers shall be used at the front of the project to protect the sidewalks. 20. All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 21. The applicant shall install a burglary alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. BUILDING AND FIRE DEPARTMENT 22. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 23. The project shall have a fire flow as determined by the Uniform Fire Code. The duration shall depend on the construction type. RESOLUTION NO. 3544 PAGE 8 PRIOR TO ISSUING A BUILDING PERMIT: 24. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. PRIOR TO OCCUPANCY: 25. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 26. Fire hydrant(s) shall be placed in accordance with the Uniform Fire Code requirements. 27. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 28. The building must be fully sprinklered per Building and Fire guidelines. 29. An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements at the intersection of Camino Mercado and West Branch Street. PUBLIC WORKS DEPARTMENT GENERAL IMPROVEMENT REQUIREMENTS 30. Fees - The applicant shall pay all applicable City fees at the time they are due. 31. Site maintenance - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Director. 32. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 33. Grading - All grading shall be done in accordance with the City Grading Ordinance. CONDITIONS REQUIRED PRIOR TO ISSUING A BUILDING PERMIT 34. Improvements required - All project improvements shall be designed and the plans approved in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. RESOLUTION NO. 3544 PAGE 9 The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Traffic Signal, Street Improvement for the intersection at Camino Mercado and West Branch. f. Signing and Stripping plan for the intersection at Camino Mercado and West Branch. 35. Site Plan Requirements - The site plan shall include the following: a. The location and size of all water, sewer and storm water facilities within the project site and abutting streets or alleys. b. Location, quantity and size of all sewer laterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements related to the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. 36. Traffic Signal Design - Prior to issuing building permit, all plans related to the traffic signal at Camino Mercado and West Branch shall be completed, and approval by the City and Caltrans shall be obtained. 37. Fee reimbursement - The developer shall implement the design and installation of the Camino Mercado - West Branch Street signalization improvements, as described in these conditions. The City will reimburse the developer for the design and construction costs for the signalization improvements, if such funds become available for the improvement project, and to the extent that such costs exceed the developer's responsibility to pay traffic signalization fees. The improvements that are included in the reimbursement are the signal installation, related signage and striping, and island modification. The widening of West Branch Street is not included. 38. Reimbursement Agreement - Prior to signal plan approval, the developer shall enter into a reimbursement agreement with the City. The reimbursement agreement shall include the method to determine the amount of reimbursement. Requirements will be set forth in the reimbursement agreement to ensure that the installation of the signal, and execution of the signal contract, is consistent with projects paid for by local public funds. 39. Drainage design - All drainage facilities shall be designed to accommodate a 100-year storm flow. 40. Sewer design - With plan submittals, the developer shall provide calculations for anticipated wastewater flow from the project. RESOLUTION NO. 3544 PAGE 10 41. Parking lot design - The cross slope on parking lot driving lanes shall not exceed 5 percent. 42. Entrance design - The driveway entrances shall be designed with curb returns having a minimum radius of 15 feet, and handicapped ramps. 43. Inspection agreement - Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements. 44. Soils report - A preliminary soils report 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. 45. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. 46. Landscape approvals - Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments, and Public Works Department. 47. Utility company review - All public improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 48. Plan submittals - 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, and 2 sets of prints of the approved record drawings (as builts). 49. Recorded documents - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8~n x 11 n 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 fees. CONDITIONS REQUIRED PRIOR TO A CERTIFICATE OF OCCUPANCY 50. Improvement bonding - All project improvements shall be constructed prior to occupancy, except for non-essential improvements, which may be guaranteed by an agreement, and financial securities as provided for in Section 9-15.070 of the Development Code. The intersection improvements shall be considered an essential improvement that must be constructed prior to occupancy. RESOLUTION NO. 3644 PAGE 11 51. Water Neutralization Program - Consistent with Mitigation Measure No.1 of the Initial Study, The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; or, Pay an in lieu fee of $2,200 per equivalent residential unit water usage. 52. Intersection Improvements - The intersection and Camino Mercado and West Branch shall be modified to provide for anticipated traffic conditions. The modifications will include widening on West Branch (approximately 12 feet), restriping, sidewalk, curb return, and island modifications and construction, signal installation, and transitions. The lane configuration shall be generally as described for future traffic conditions in the January 26, 2001 letter and plan prepared by Penfield and Smith (reference Exhibit C), subject to the approval of the Director of Public Works. The applicant is responsible for obtaining an encroachment permit from Caltrans. The pavement structural section shall be based on a Traffic Index (TI) of 7.0. 53. Intersection Signalization - A traffic signal at Camino Mercado and West Branch shall be installed and operational. 54. Right of way dedication - Right of way shall be dedicated for the widening of Camino Mercado. . 55. Curb and sidewalk - Concrete curb, gutter and 6 feet wide concrete sidewalk shall be constructed on West Branch along the property frontage. Any damaged curb, gutter or sidewalk on Camino Mercado shall be removed and replaced. 56. Curb return - A new curb return, handicapped ramp, spandrel, and storm drain drop inlet shall be constructed at Camino Mercado and West Branch Street. 57. Parking lot striping - The parking lot spaces shall utilize double line striping 58. Site Drainage - Roof drainage and parking lot drainage shall be collected in a storm drain system. The majority of the site drainage shall be conveyed via pipes to the public storm drain system in Camino Mercado. The design of the site drainage shall include an evaluation of the capacity of the existing storm drain to determine if any upgrades are required. 59. Storm Drains - The onsite storm drain system shall be private. The storm drains in Camino Mercado and West Branch shall be public. RESOLUTION NO. 3544 PAGE 12 60. Onslte private fire lines - Private onsite fire sprinkler lines shall be connected to the public water system with a backflow prevention assembly. The backflow assembly shall be painted green. Fire department connections shall be painted red and located per the Fire Department requirements. 61. Onslte public fire lines - A 15 feet wide easement shall be provided for public waterlines serving onsite fire, as required by the Director of Public Works. 62. Water-sewer crossings - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 63. Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. Separate meters may be used for irrigation. 64. Sewer Connection - The onsite sewer system shall be private and shall connect to the public sewer system in a single location. Sewer laterals larger than 4 inches shall connect to the public system at a manhole. 65. existing Services - Existing water and sewer services not used by the project shall be abandoned per the requirements of the Director of Public Works. 66. Undergroundlng of utilities - All new public utilities shall be installed as underground facilities except as noted. All existing overhead public utilities shall be placed underground, including all overhead wires and service poles onsite, along the frontage and within 6 feet of side and rear yard lines. 67. Utilities operational - Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. Mitigation Measures: 68. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual water. program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, pay the in lieu fee. RESOLUTION NO. 3544 PAGE 13 Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit 69. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 70. 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. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks & Recreation Department Timeframe: Prior to issuance of building permit 71. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on-site retention basins to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 72. 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 would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 1 5 miles per hour. 73. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 74. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 75. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. . ----_._-~--- RESOLUTION NO. 3544 PAGE 14 76. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with eve Section 23114. (This measure has the potential to reduce PM10 emissions from this source by 7 - 14%). 77. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. (This measure has the potential to reduce PM10 emissions from this source by 40 - 70%). 78. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. (This measure has the potential to reduce PM10 emissions from this source by 25 - 60%). For Mitigation Measures No. 72 - 78: Monitoring: Review of grading and building plans and site inspections Responsible Depts: Public Works, Building & Fire Departments shall inspect plans and spot check in the field Timeframe: Prior to issuance of a grading permit and during construction 79. The applicant shall install a traffic signal at the intersection of Camino Mercado and West Branch Street. The applicant and the City shall enter into a reimbursement agreement providing that the City shall reimburse the applicant the difference in costs between the signal installation and the project's Signalization Impact fee. The applicant may be reimbursed for those costs to the extent that signalization impact fees are available and programmed for this project. Monitoring: The applicant shall install the traffic signal Responsible Department: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy 80. The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Building & Fire Department Timeframe: Prior to issuance of building permit 81. The applicant shall retain an arborist during the grading and construction phases of the project to ensure tree protection measures are implemented. The recommendations outlined in the arborist report prepared for the project shall be followed. RESOLUTION NO. 3544 PAGE 15 Monitoring: Field Inspection Responsible Department: Parks & Recreation, Community Development Departments Timeframe: During grading and construction 82. Protective fencing shall be installed around each tree to remain at the dripline. 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: 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] Monitoring: Field inspection Responsible Depts: Parks & Recreation, Community Development Departments Timeframe: . Prior to issuance of grading permit 83. All trees to be removed shall be marked with either colored ribbon or paint. Monitoring: Field inspection Responsible Depts: Parks & Recreation, Community Development Departments Timeframe: Prior to issuance of grading permit 84. The applicant shall submit written reports prepared and signed by an arborist stating that all tree protection measures have been met per International Society of Arboriculture USA) Guidelines. Monitoring: Review of reports Responsible Depts: Parks & Recreation, Community Development Departments Timeframe: Reports filed on a monthly basis commencing after issuance of grading permit 85. Removal of any oak trees shall be replaced in-kind at. a 3: 1 ratio with a minimum size of 15-gallon and planted on-site. RESOLUTION NO. 3544 PAGE 16 Monitoring: Review landscape plans/Field inspection Responsible Department: Parks & Recreation Department Timeframe: Prior to occupancy 86. The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site." Monitoring: Review of grading plans and site visits by the Public Works Inspector Responsible Depts: Public Works, Building & Fire Departments Timeframe: Prior to issuance of a grading permit and during site grading RESOLUTION NO. 3544 OFFICIAL CERTIFICATION I, KELL Y WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3544 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 14th day of August, 2001. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 17th day of August, 2001. , t/4UV/'LZ-- RE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK