R 3726
RESOLUTION NO. 3726
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION WITH MITIGATION MEASURES,
INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO FILE A NOTICE OF DETERMINATION, AND
APPROVING VESTING TENTATIVE TRACT MAP CASE
NO. 02.Q02, LOCATED ON FARROLL AVENUE, APPLIED
FOR BY DON McHANEY
WHEREAS, the City Council of the City of Arroyo Grande held a public hearing on
Vesting Tentative Tract Map 02-002, filed by Don McHaney, to subdivide a 10.3-acre site
into 65 residential lots in accordance with 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 (CECA), the State CECA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that a Mitigated
Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text, as
amended per General Plan Amendment 02-001, and the requirements of the
Development Code, as amended per Development Code Amendment 02-002.
2. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
5. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract map or that alternate easements for
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
RESOLUTION NO. 3726
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6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
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 No. 02-002.
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 Planning Commission 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 negative declaration with mitigation measures, instructs the
Director of Administrative Services to file a Notice of Determination, and approves Vesting
Tentative Tract Map 02-002, with the above findings and subject to the conditions of
approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference.
This Resolution shall become effective on the effective date of Ordinance No. 549.
On motion by Council Member Lubin, seconded by Council Member Costello, and by the
following roll call vote, to wit:
AYES: Council Members Lubin, Costello, Runels, Dickens and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 25th day of November 2003.
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RESOLUTION NO. 3726
PAGE 3
TON
ATTEST:
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A' ~. Ut.dvZ-
, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
-~~~MANAGER
APPROVED AS TO FORM:
,
,
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RESOLUTION NO. 3726
PAGE 4
EXHIBIT A
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 02-002
Don McHaney and S&S Homes
Farroll Avenue
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 10.3-acre property into sixty-five (65) single-
family residential lots ranging in size from roughly 3,000 to 7,700 square feet.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 02-002, General Plan Amendment 02-001, Development Code
Amendment 02-002, and Planned Development Amendment 02-001.
3. This tentative map approval shall automatically expire on November 25, 2003
unless the final map is recorded or an extension is granted pursuant to Section
16.12.140 of the Development Code.
4. Development shall occur in substantial conformance with the tentative map
presented to the City Council at the meeting of November 25, 2005 and marked
Exhibit "B-1" through "B-4" except as modified by these conditions of approval.
5. The applicant shall, as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
SPECIAL CONDITIONS
6. There shall be a landscape strip along Farroll Avenue and behind custom lots 10
through 12 between the fence and back of sidewalk, to be maintained by a
Maintenance District.
7. The fence on Farroll Avenue and behind custom lots 10 through 12 should be
consistent with the adjacent planned development.
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8. Curb and gutters should align with adjacent properties on the east and west.
9. The pedestrian easement from Dixson Street to the mini park, that also serves as
the shared access driveway for Lots 1, 2 and 3, shall have a decorative concrete
surface.
10. Prior to recording the Final Map, a five-foot (5') maintenance easement shall be
recorded on the adjacent lot for all lots containing zero lot line configurations. Said
easement shall grant access to the owner(a) of the zero lot line dwelling for
purposes of maintaining the zero lot line wall.
NOISE
11. Construction shall be limited to between the hours of 7am and 7pm Monday
through Saturday. No construction shall occur on Sunday.
DEVELOPMENT CODE
12. Development shall conform to the Multifamily (MF) zoning requirements except as
otherwise approved.
10. All fences and/or walls shall not exceed six feet (6') in height unless otherwise
approved with a Minor Exception or Variance application.
11. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions" .
12. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
PRIOR TO ISSUANCE OF GRADING PERMIT
13. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
14. The applicant shall submit a perimeter-fencing plan showing all perimeter fences
and/or walls. The perimeter-fencing plan shall be approved by the Community
Development Director. Perimeter fencing shall generally be 6 feet high, unless
otherwise approved with these conditions. Any existing fencing may be used
subject to the approval of the Community Development Director.
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PRIOR TO RECORDING THE FINAL MAP
15. The applicant shall form a Maintenance District for maintenance of all common
areas. All documents creating such a Maintenance District shall be subject to
review and approval by the City Attorney. Common areas include, but are not
limited to, the fencing and landscaping along Farroll Ave. and behind custom Lots
10 through 12, the mini park, the pedestrian pathway from Dixson Street to the
park and the drainage basin.
16. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. 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) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
17. Prior to recording the final map and to the extent allowed by law, the applicant
shall prepare a work force housing program for residents of and workers within the
City of Arroyo Grande, subject to review and approval by the City Council, which
shall establish a priority system to enable targeted work force groups (i.e. public
safety City employees, health care employees, teachers, etc.) with qualifying
incomes the opportunity to purchase units within the subdivision.
PRIOR TO ISSUANCE OF BUILDING PERMIT
18. The applicant shall comply with the City's Construction and Demolition Debris
Recycling Ordinance.
19. The applicant shall allocate 25% of the project, or sixteen (16) units, to moderate-
income households through a thirty (30) year deed restriction, or other enforceable
and recorded restriction. Said document (s) shall be subject to the review and
approval of the City Attorney.
20. The applicant shall submit a fencing plan for the entire development for review and
approval by the Community Development Director.
RESOLUTION NO. 3726
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PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
21. All fencing shall be installed.
PARKS AND RECREATION DEPARTMENT CONDITIONS
22. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
23. Linear root barriers shall be used at the front of the project to protect the
sidewalks.
24. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every seventy-five feet (75') of street frontage.
25. The Director of Parks, Recreation and Facilities shall approve final plans for the
mini park and pedestrian/bike path to the Soto Sports Complex.
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
26. 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.
FIRE LANES
27. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code. Curbs
around the Farroll Avenue entrance median and both sides of the 20 foot private
access drive shall be painted red.
28. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
29. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration of
2 hours.
30. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief.
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FIRE SPRINKLERS
31. All multi-family units and flag lots shall be fitted with fire sprinklers.
ABANDONMENT/NON-CONFORMING
32. 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.
OTHER PERMITS
33. Prior to issuance of a building permit, County Health Department approval is
required for well abandonment.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
GENERAL CONDITIONS
34. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or
as directed by the Director of Community Development or the Director of Public
Works. Washing soil, debris, and garbage into City storm drain systems shall not
be permitted.
35. The developer or contractor shall refrain from performing any work that requires
City inspections outside of normal business hours (Monday through Friday, 7 A.M.
to 5 P.M.). 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
36. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
37. Submit three (3) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
38. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
39. 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,
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PAGE 9
b. Street paving, curb, gutter and sidewalk,
c. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works or
these conditions of approval.
40. 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.
41. Improvement plans shall include plan and profile of existing and proposed
streets and utilities.
42. Landscape and irrigation plans are required within the public right of way, and
shall be approved by the Community Development, Parks and Recreation, and
Public Works Departments.
WATER
43. Whenever possible, all water mains shall be looped to prevent dead ends. The
Director of Public Works must grant permission to dead end water mains.
44. Non-potable water is available at the Soto Sports Complex for constructing and
grading purposes.
45. Each parcel shall have separate water meters. Duplex service lines shall be
used if appropriate.
46. Lots using fire sprinklers shall have individual service connections. If the units
are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the
water meters.
47. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
48. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
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PAGE 10
a. 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,
b. The applicant may pay an in lieu fee of $2,200 for each new residential
unit.
49. Loop an 8" water main under the proposed public street.
50. Install an 8" water main under the proposed private driveway and connect to the
main on both ends (private drive through the pedestrian link from Dixson Street).
51. Install an 8" water main connecting the existing water main under Dixson Street
to the water main at the intersection of Ash and Courtland as follows:
a. Install the necessary line across the tract to stub out to the City sports
complex.
b. Enter into a reimbursement agreement with the City to be reimbursed for
82% of the construction costs for the remaining portion outside of the tract
boundaries.
52. Fire hydrants are to be located 300 feet apart.
53. All existing water wells shall be abandoned per the City Municipal Code.
Certificates of abandonment shall be provided to the public works department.
SEWER
54. Each parcel shall be provided a separate sewer lateral.
55. All new sewer mains must be a minimum diameter of 8".
56. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
57. All new sewer mains shall be pressure tested, balled and mandreled per
Standard Specifications for Public Works Construction "Greenbook
Specifications", 2003 edition. All sewer mains shall be video inspected with a
video log of all lateral and manhole locations.
58. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
59. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to final recordation of the map.
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60. Obtain approval from the South San Luis Obispo County Sanitation District prior
to relocation of any District facilities.
61. Abide by conditions set forth by the South San Luis Obispo County Sanitation
District for remediation of impact to District facilities.
62. Obtain approval from the City of Grover Beach prior to connecting sewer laterals
under Dixson Street for Phase I homes.
63. Connect the new sewer main under the proposed public street to the sewer
manhole at the intersection of East Bakeman Lane and Farroll Avenue.
64. Install a sewer main under the proposed private driveway and connect to the
new city sewer main on the east side of the tract.
65. Install sewer manholes at the end of every main, where mains intersect, and at
any grade breaks or direction changes. Drivable access shall be provided to all
existing and/or new manholes.
66. All sewer laterals must connect to City sewer mains.
SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT CONDITIONS OF
APPROVAL
67. The developer shall be required to mitigate the impacts on the trunk sewer line
by contributing to the installation of a new trunk replacement line or providing a
relief line.
68. A licensed Civil Engineer shall design all public improvement plans in
accordance with San Luis Obispo County Improvement Standards and
Specifications.
69. The developer shall deposit or post a bond (or other means satisfactory to the
District), for the sewer facilities serving the property.
70. The developer shall enter into an agreement with the District for plan checking
and inspection services.
PUBLIC UTILITIES
71. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
72. Under ground all existing overhead public utilities along Farroll Avenue and on-
site in accordance with Section 16.68.050 of the Development Code.
73. Underground improvements shall be installed prior to street paving.
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74. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
75. Submit the Final Map shall to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
76. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREETS
77. Obtain approval from the Director of Public Works prior to excavating in any
street recently over-laid or slurry sealed. The Director of Public Works shall
approve the method of repair of any such trenches, but shall not be limited to an
overlay, slurry seal, or fog seal.
78. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
79. All street repairs shall be constructed to City standards.
80. Street structural sections shall be determined by an R-Value soil test.
81. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Director of Public
Works.
82. The proposed public street shall be designated as a local street and shall adhere
to the following design standards:
a. 36 feet street width from curb to curb.
b. 6 feet wide concrete sidewalks with concrete curb and gutter on both
sides of the street.
c. 52 feet wide right-of-way.
d. 25 mile per hour design speed.
e. A Traffic Index of 5.5.
83. Parking along the private street shall not be allowed unless in designated parking
stalls.
84. Reconstruct Farroll Avenue as follows:
a. From centerline to ultimate width of the road across the entire frontage.
b. Determine if existing structural section is adequate, using a Traffic Index
of 7.0.
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c. If existing structural section is not adequate, remove all materials to sub-
grade and reconstruct to City standards.
d. If existing structural section is adequate, overlay with a minimum of 2"
asphalt.
e. Perform any necessary measures to ensure the cross slope is constant
and does not exceed 5%.
85. Construct Dixson Street as follows:
a. From centerline to ultimate width of the road across the entire frontage.
b. Determine if existing structural section is adequate, using a Traffic Index
of 5.5.
c. If existing structural section is not adequate, remove all materials to sub-
grade and reconstruct to City standards.
d. If existing structural section is adequate, overlay with a minimum of 2"
asphalt.
e. Perform any necessary measures to ensure the cross slope is constant
and does not exceed 5%.
f. Either continue cul-de-sac at the existing radius, or remove the curb,
gutter and sidewalk and reconstruct the cul-de-sac per City standards.
g. Apply new slurry seal when finished.
TRAFFIC
86. Provide design considerations for traffic calming measures on the proposed City
Street for review by the Director of Public Works.
87. Install "STOP" signs and all associated stenciling and striping at the intersections
of Farroll Avenue and the proposed City Street.
88. Install a raised crosswalk where the proposed sidewalk to access Soto Sports
Complex meets the proposed City Street. The raised crosswalk shall have
distinguishing decorative concrete.
CURB, GUTTER, AND SIDEWALK
89. Install new concrete curb, gutter, and sidewalk across the property frontage,
extending to the east at the intersection of Farroll Avenue and Golden West
Place and to the west tying into existing curb, gutter and sidewalk.
90. Install new concrete curb, gutter and sidewalk along both sides of the proposed
City Street.
91. Color any such new facilities as directed by the Director of Community
Development or the Director of Public Works.
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92. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
93. Install ADA compliant facilities where necessary.
94. Install tree wells for all trees planted adjacent to street, curb, gutter and sidewalk
to prevent damage due to root growth. Homeowners shall be responsible for
maintenance of parkway landscaping across their property frontage.
95. Construct sidewalks 6" thick behind driveway approaches.
96. Replace the existing storm drop inlet directly across from East Bakeman Lane
with a new 14' storm water drop inlet.
97. Replace the existing 6' chain link fence with an 8' chain link fence along the
northern property line.
98. If the proposed access to the Soto Sports Complex is allowed, construct with the
necessary fencing and improvements as directed by the Director of Public
Works.
99. The proposed access to Soto Sports Complex shall be routed as follows:
i. A bridge structure spanning the spillway between Pond No. 2 and
the soccer field;
ii. A dogleg to the west around the existing sewer dump for the factor
truck; and
iii. Connect to the football field after the existing set of double gates
securing the basin.
100. Install all necessary fencing to adequately secure Pond No.2 and the soccer
field adjacent to the access path, if a pedestrian link is installed at this location.
101. Install a City benchmark along Farroll Avenue.
GRADING
102. Perform all grading in conformance with the City Grading Ordinance.
103. Grading shall be performed to protect adjacent structures during and after the
grading process.
104. 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.
105. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
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DRAINAGE
106. All drainage facilities shall be designed to accommodate a 1 OO-year storm flow.
107. All drainage facilities shall be in accordance with the Drainage Master Plan.
108. Conduct a hydraulic analysis of the proposed development and submit to the
Director of Public Works for review.
109. The project is in Drainage Zone "A" and therefore requires on-site retention. The
drainage basin shall be fenced around its perimeter including gates for access.
The fencing shall not exceed six feet (6') in height. The Directors of Public
Works and Community Development shall approve the design and materials of
the fencing and gates.
110. Phase I drainage shall be directed to the Oak Park West Basin. The basin shall
be analyzed to ensure capacity to handle the additional development. Improve
the basin as necessary to handle the additional runoff.
111. Improve security around the Oak Park West Basin by installing new fence and
access gates. Install a full height fence along the westerly boundary atop the
existing retaining wall. Permission from the City of Grover Beach may be
necessary for constructing full height fence. The Director of Public Works shall
approve fencing type and style.
112. The applicant shall mitigate all Phase II storm water as directed by the Director
of Public Works.
113. Infiltration basins shall be designed based on soil tests. I nfiltration tests shall
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required if the analysis or soil conditions are
inconclusive.
114. The applicant shall construct and dedicate the retention and retardation basin
that holds at least twice the drainage capacity than what the project requires.
The basin design shall be subject to approval of the Director of Public Works.
The City shall maintain the retention basin, which will be funded in part by the
project's pro rata share through a Maintenance District.
DEDICATIONS AND EASEMENTS
115. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
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116. Abandonment of public easements shall be listed on the final map, in
accordance with Section 66499.20 of the Subdivision Map Act.
117. The applicant shall dedicate pedestrian access easements to the back of the
meandering sidewalk.
118. 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.
119. 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.
120. A Public Utility Easement (PUE) shall be dedicated over all private streets (to the
back of the sidewalks). The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar facilities.
121. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following:
a. Drainage easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
b. Sewer easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
c. Water easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
122. A private easement shall be reserved as shown on the map, for access to lots 1,
2 and 3 and for access to lots 11, 12, and 13.
123. A 10' wide water easement shall be dedicated along the western boundary of lot
1 for the installation of the water line connecting the water main under Dixson St.
to the water main at Ash and Courtland Streets.
PERMITS
124. 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.
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PAGE 17
125. Obtain a grading permit prior to any grading operations on site.
FEES
126. Pay all required City fees at the time they are due. Special considerations for this
project include:
a. Reducing impact fees up to 60% for the 16 affordable units (excluding
water and sewer fees).
b. The applicant shall submit a report detailing the direct cost of
improvements to develop the 0.3-acre park and park connection
c. to the Soto Sports Complex and Dixson Street. The report shall determine
the amount of credit that would be applied to the reduction to the Park
Development fee. The amount of credit shall be determined by eligible
expenses outlined in the report, and approved by the Parks, Recreation
and Facilities Director. If the cost of developing the park exceeds the
amount of the Park Development fee to be collected, then no fee would
be paid. If the cost of developing the park is less than the current Park
Development fee, the remaining balance shall be paid prior to map
recordation in accordance with City Ordinance No. 313 C.S.
127. 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.
128. Water neutralization fee, if applicant chooses (see Condition of Approval No. 45).
129. Intersection signalization mitigation fee for the impact to the intersection of
Farroll Avenue and South Halcyon Road.
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
RESOLUTION NO. 3726
PAGE 18
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.
AGREEMENTS
130. 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.
131. Subdivision Improvement Agreement: The sub divider 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.
132. Covenants, Conditions, and Restrictions as required by the City
BONDS
133. All bonds or security shall be in a form acceptable to the City, and shall be
RESOLUTION NO. 3726
PAGE 19
provided prior to recording of the map, unless noted otherwise. The
Improvement securities shall be such that they shall not expire until one-year
after the City accepts the improvements.
134. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
135. Provide bonds or other financial security for the following, to be based upon a
construction cost estimate approved by the Director of Public Works:
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 bond 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 DOCUMENT A TION
136. 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.
137. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
138. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works prior to recording the Map.
PRIOR TO ISSUING A BUILDING PERMIT
139. The Final Map shall be recorded with all pertinent conditions of approval satisfied
by construction or bonding.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
140. All utilities shall be operational.
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RESOLUTION NO. 3726
PAGE 20
141. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures 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.
1. The applicant shall allocate 25% of the project, or 16 units, for moderate-income
households through a thirty-year deed restriction.
Monitoring: The applicant shall build the affordable units
and record the deed restrictions.
Responsible Department: Building and Community Development Depts.
Timeframe: Prior to issuing a certificate of occupancy
2. As part of the tract improvements plan check, 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 tract improvement and grading plans
Responsible Department: Public Works Department
Timeframe: Prior to acceptance of tract improvements for
construction
3. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters or hot water recirculating systems, and drip
irrigation with drought tolerant landscaping. Water conserving designs and fixtures
shall be installed prior to final occupancy for each residence.
Monitoring: Field inspection of each residence
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of Certificate of Occupancy
4. All tract landscaping shall be consistent with water conservation practices including
the use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest
extent possible,lawn areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping plans
Responsible Department: Parks and Recreation Department
Timeframe: Prior to construction of tract improvements
RESOLUTION NO. 3726
PAGE 21
5. 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 an in lieu fee.
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
6. 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 15 miles per hour.
7. Soil stockpiled for more than two days shall be covered, kept moist, or treated with
soil binders to prevent dust generation.
8. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with CVC Section 23114.
9. Install wheel washers where vehicles enter and exit unpaved roads on to streets,
or wash off trucks and equipment leaving the site.
10. Sweep streets at the end of each day if visible soil material is carried on to
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
For mAaAurAA 6.10:
Monitoring: Review of grading and building plans and site
inspections
Responsible Department: The Public Works and Building and Fire
Departments shall inspect plans, and the
Community Development Department shall
spot check in the field
Timeframe: Prior to issuance of grading permit
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RESOLUTION NO. 3726
PAGE 22
11. The applicant shall pay the City's Traffic Signalization and Transportation
Facilities Impact fees 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
12. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
13. All construction activities shall be limited to the hours of 7:00 AM to 7:00 PM
Monday through Saturday. No construction shall occur on Sunday.
14. To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day to
minimize the potential for disturbance of neighboring noise sensitive uses.
For mAaAUMA 12-14:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Department: Public Works Department
Timeframe: During construction
15. Prior to issuance of a building permit, the applicant/developer shall:
a. Mitigate the impacts on the trunk sewer line by contributing to the
installation of a new replacement trunk line or providing a relief line.
b. Submit public improvement plans that are prepared by a licensed
Civil Engineer in accordance with San Luis Obispo County
Improvement Standards and Specifications.
c. Deposit or post a bond (or other means satisfactory to the District),
for the sewer facilities serving the property.
d. Enter into an agreement with the District for plan checking and
inspection services.
Monitoring: The applicant submit improvement plans and
post bonds to the agreement of the Sanitation
District.
Responsible Department: Public Works/So. SLO County Sanitation Dist.
Timeframe: Prior to issuance of Building Permit
16. Prior to issuance of building permits for each residence, the applicant/developer
shall pay the mandated school impact fee.
Monitoring: The applicant shall pay applicable school fees.
Responsible Department: Building Department
Timeframe: Prior to issuance of Building Permits for each
residence
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RESOLUTION NO. 3726
PAGE 23
17. The following note shall be placed on the grading and improvement plans for the
Tract:
"In the event that during grading, construction or development of the
project, and archeological 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 County Coroner
(781-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation
measures."
Monitoring: Construction plans shall be reviewed prior to
issuance of a grading permit to ensure the note
is in place.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of grading permit
18. Prior to issuance of building permit, the applicant shall pay all applicable park
development fees to the City.
Monitoring: The applicant shall pay the park development
fees to the City.
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
S:\COMMUNITY _DEVELOPMENT\PROJECTS\TTM\Farroll Estates\CC TTM reso.doc
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RESOLUTION NO. 3726
OFFICIAL CERTIFICATION
I, KELLY 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. 3726
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 25th day
of November, 2003.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 3rd day
of December, 2003.
E, DIRECTOR OF ADMINISTRATIVE SERVICES/
DEPUTY CITY CLERK
,
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