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R 3732 . "- RESOLUTION NO. 3732 , 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 VESTING TENTATIVE TRACT MAP CASE NO,_ 02-005, LOCATED ON GRACE LANE (LOT 182 & PORTION OF LOT B OF TRACT 1390), APPLIED FOR BY DON McHANEY WHEREAS, the City Council of the City of Arroyo Grande held two public hearings on Vesting Tentative Tract Map 02-005, filed by Don McHaney, to subcUvide a 29.46-acre property into fifteen (15) residential lots, two (2) open space parcels, and a 1.28-acre parcel for development of four (4) moderate-income units 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 proj~ in compliance with the California Environmental Quality Act (CECA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CECA 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, and the requirements of the Development Code, as amended per Development Code Amendment 02-001. 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 aJt.emative easements will be substantially equivalent to ones previously acquired by the public. --------- -~' . . RESOLUTION NO. 3732 PAGE 2 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 Califomia 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. 02-005. 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 02-005, with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference. BE IT FURTHER RESOL VEO that this Resolution shall become effective on the effective date of Ordinance No. 553. 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, Costello and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 13th day of January 2004. - ---------- ------~.._- . . RESOU)TION NO. PAGE 3 . . ATTEST: J DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: ~~~~ANAGER APPROVED AS TO FORM: ~~LORNEY . . I . . RESOLUTION NO. 3732 PAGE 4 EXHIBIT A C.QNDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 02-005 Don McHaney Grace Lane COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the subdivision of a 29.46-acre property into 15 residential lots ranging in size from 0.41 to 1.14 acres, two open space lots consisting of 0.47 and 15.95 acres (proposed Lots A and B), and a 1.28-acre parcel for the development of four (4) moderate-income family residences. 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 02-005 and Development Code Amendment 02-001. 3. This tentative map approval shall automatically expire on January 13, 2006 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 January 13, 2004 and marked Exhibit lOB" 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. A Design Review application shall be submitted for each proposed residence to determine consistency with the approved Design Guidelines for this project. The Architectural Review Committee shall consider each Design Review application and make a recommendation to the Community Development Director. Submittal requirements shall include a site plan, building elevations, landscape plan, color and materials board, and any other material needed to determine design consistency, as determined by the Community Development Director or Architectural Review Committee. I . . RESOLUTION NO. 3732 PAGE 5 7. Prior to issuance of a building permit, the applicant shall record a pedestrian access easement across the open space property (Lot B) and the affordable housing parcel (Lot C) that generally coincides with the existing informal pathway that traverses the property. The easement shall be reserved for pedestrian access only. The applicant shall also submit plans for. trail improvements to the Community Development Department, including a trailhead sign. The applicant shall take all necessary steps and pay all costs associated with the creation of a maintenance assessment district which shall be responsible for maintaining the trail. 8. There shall be a fifty foot (50') front setback for all 15 lots. 9. Dense vegetation (shrubs, not grass) shall be planted within the first fifteen feet (15') of the front setback for each of the 15 lots as an added buffer between Grace Lane and the homes. 10. a. The applicant shall allocate a minimum of 25% of the units, or four (4) units, for moderate-income households. These units shall not be counted in the overall. density for the combined properties designated as Low Density Planned Development (LD-PD) on the Land Use Map. b. Prior to recording the final map, the applicant shall demonstrate the buildability of Lot C (through soils testing and foundation engineering). If the City reasonably determines that Lot C is buildable, the applicant shall submit a. parcel map application to create four (4) separate lots and, if subsequently approved, building permit applications to construct the units, and shall record a restrictive covenant on Lot C that it be developed with four (4) housing units, each a minimum of 1,700 square feet, affordable to moderate-income households. Prior to issuing a certificate of occupancy for any other lot, building permits must be issued for the four (4) affordable housing units and construction started. If the City determines that Lot C is not bui/dable, the applicant shall submit an amendment to the Vesting Tentative Tract Map indicating other alternatives to comply with Condition 10(a} above. 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 Residential Rural (RR) zoning requirements except as otherwise approved. 13. All fences and/or walls shall not exceed six feet (6') in height unless otherwise approved with a Minor Exception or Variance application. 14. The developer shall comply with Development Code Chapter 16.20, "Land Divisions" . . . RESOLUTION NO. 3732 PAGE 6 15. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." PRIOR TO ISSUANCE OF GRADING PERMIT 16. 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. 17. 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, and shall be similar in material and design to the split rail fencing used within the Rancho Grande Planned Development. The applicant ,shall take all necessary steps and pay all costs associated with the creation of a maintenance assessment district which shall be responsible for maintaining the trail. PRIOR TO RECORDING THE FINAL MAP 18. To ensure that all common areas and facilities are adequately maintained within the subdivision (including, but not limited to, the open space parcels, pedestrian trail, and drainage facilities), the applicant shall submit a proposed agreement for the formation of a maintenance assessment district. The applicant shall pay all costs associated with the formation of the district. All proposed documents for the formation of such a district and for maintaining the common areas shall be reviewed and approved by the City Attomey and recorded with the final map. 19. 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. 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, mutch, 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. . . RESOLUTION NO. 3732 PAGE 7 PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 20. All fencing shall be installed. PARKS AND RECREATION DEPARTftlENT CONDITIONS 21. The applicant shall comply with the ,provisions of Ordinance' 521 C.S., the Community Tree Ordinance. 22. Linear root barriers shall be used at the front of the project to protect the sidewalks. 23. 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. BUILDING AND FIRE DEPARTMENT CO~DITIONS UBC/UFC 24. The project shall comply with the most recent editions ~f the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. FIRE LANES 25. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 26. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration of 2 hours. 27. 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. . FIRE SPRINKLERS 28. All units must be fully sprinklered per Building and Fire Department guidelines. ABANDONMENT/NON-CONFORMING 29. Prior to issuance of a grading permit or buJldi'ng 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. --..-- . RESOLUTION NO. 3732 PAGE 8 OTHER PERMITS 30. Prior to issuance of a building permit, County Health Department approval is required for well abandonment. PUBLIC WORKS OEPARTMENT CONDITIONS All Public Worlcs 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 31. 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. 32. The developer or contractor shall refrain from performing and 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 33. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 34. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 35. 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. 36. 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. 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 37. 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. -- . RESOLUTION NO. 3732 PAGE 9 38. Improvement plans shall include plan and profile of existing and proposed streets and utilities. 39. Landscape and irrigation plans a{e required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shan approve any landscaping or irrigation within a, public right of way or otherwise to be maintained by the City. . WATER 40. Whenever possible, all water mains shall I;>e looped to prevent dead ends. The Director of Public Works must grant permission t<:> dead end water mains. 41. All new water mains shall be a minimum diameter of 8". 42. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. - 43. Each parcel shall have separate water meters. 44. 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. , 45. Existing water services to be abandoned shall be properly abandoned and capped at the ,main per the requirements of the Director of Publlc'Works. 46. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing 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. 47. Install fire hydrants every three hundred (300) feet along Grace Lane. , SEWER 48. Each parcel shall be provided a separate sewer lateral. 49. All new sewer mains mu~t be a minimum diameter of 8". 50. All new sewer mains shall be pressure tested, balled and mandreled per Standard Specifications for Public Works Construction "Green book Specifications", 2003 edition. All sewer mains shall be video inspected with a video log of all lateral and manhole locations. . RESOLUTION NO. 3732 PAGE 10 51. All sewer laterals within the public right of way must have a minimum slope of 2%. 52. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 53. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 54. Install sewer manholes at the end of every main, where mains intersect, and at any grade breaks or direction changes. 55. Extend the sewer main to the northwest to service Lot C. 56. Obtain approval from the South San Luis Obispo County Sanitation District for the development's impact to District facilities prior to final recordation of the map. 57. Obtain approval from the South San Luis Obispo County Sanitation District prior to relocation of any District facilities. 58. Comply with any conditions of approval set forth by the South San Luis Obispo County Sanitation District. 59. Provide paved access to all sanitary sewer manholes. 60. Lift Station No.6 and aU associated site improvements on Avenue de Diamante shall be removed entirely. The valves, pumps and miscellaneous equipment shall be salvaged and returned to the City at the discretion of the Public Works Director. 61. Extend an 8" gravity sewer main from the existing facilities through the tract to the sewer system proposed in Grace Lane. PUBLIC UTILITIES 62. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 63. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. 64. 'Underground improvements shall be installed prior to street paving. . 65. 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. 66. 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. 67. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational.. - --- . . RESOLUTION NO. 3732 PAGE 11 STREETS 68. 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, which may include, but shall not be limited to an overlay, slurry seal, or fog seal. 69. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 70. All street repairs shall be constructed to City standards. 71. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 72. 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. 73. Streets that shall be designated as a local streets shall adhere to the following design standards: . 40 feet street width from curb to curb. . 6 feet wide concrete sidewalks with concrete curb and gutter on residential side of the street and, to the greatest extent feasible, a ten-foot (10') wide bench on open space side with decomposed granite surfacing. . 56-foot wide right-of-way. . 25 mile per hour design speed. . Use a traffic index of 7.0: . Street lights every 250', alternating sides. . Guard rail along the open space side of the road. 74. Stripe and sign the bike lanes on Grace Lane. 75. Eliminate on-street parking along the curve adjacent to Grace Bible Church property. The curb along this section shall be painted red. 76. Provide design considerations for traffic calming, including but not limited to: a. Bulb outs at each end of Grace Lane, b. Speed humps distributed along Grace Lane. 77. 'Install "STOP" signs and all associated stenciling and striping at the intersections of Grace Lane and Rodeo Drive. CURB, GUTTER, AND SIDEWALK 78. Install new concrete curb, gutter, and sidewalk along residential side of Grace Lane. 79. Color any such new facilities as directed by the Director of Community Development or the Director of Public Works. 80. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. ~..,_._--_.._------ ---~-- RESOLUTION NO. 3732 PAGE 12 81. Install ADA compliant facilities where necessary. 82. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 83. Similar to Condition No.7, upgrade the existing informal hiking trail currently passing through lot B and provide a public access easement. This trail is to be maintained by the maintenance district. GRADING 84. Perform all grading in conformance with the City Grading Ordinance. 85. Submit an updated 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. 86. Submit a slope stability analysis prepared by a registered Civil Engineer of the slope below Grace Lane, slopes in the areas designated on the tentative map as possible previous fill, and the slopes between lots 11 and 12. 87. The soils report shall address the additional storm water runoff anticipated through the swale adjacent to lot 11 and shall recommend measures for protecting the slope. 88. Grace Lane shall be set back sufficiently to provide a 6 foot wide bench behind the back of curb to the top of a theoretical 2:1 (H:V) slope extending down to the limiting existing grade. No grading of the open space side . of the slop is anticipated. DRAINAGE 89. All drainage facilities shall be designed to accommodate a 100-year storm flow. 90. All drainage facilities shall be in accordance with the Drainage Master Plan. 91. The project is in Drainage Zone "B" and will require storm water runoff to be directed to the creeks. 92. Detailed storm water run-off calculations shall be submitted to the Director of . Public Works for review and approval. 93. The applicant shall submit an engineering study regarding flooding related to the project site as directed by the Director of Public Works. Any portions of the site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document, and shall be noted as a building restriction. 94. The applicant's engineer shall provide a comprehensive drainage plan addressing the following: a. The drainage from Rancho Grande Park, b. The hillside .flow from behind lots 1 - 15, c. The grading of the existing drainage swale on lot 15, d. Adequate drop inlets along Grace Lane, e. Erosion and scour control at all storm drain inlets and outlets. -- RESOLUTION NO. 3732 PAGE 13 95. The maintenance assessment district (see condition 18) shall privately maintain all drainage facilities outside of the pUblic right of way. DEDICATIONS AND EASEMENTS 96. 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. 97. Abandonment of public ~treets and easements shall be listed on the final map of parcel map, in accordance with Section 66499.20 of the Subdivision Map Act. 98. 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. 99. 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. 100. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: . Drainage easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. . Sewer easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. . Water easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. . Open space over Lot B. 101. Provide a 20' access easement to the two sanitary sewer manholes off of Avenue de Diamante. f 102. Provide a public access easement through the open space over the existing informal hiking trail in Lot B. 103. Provide a 30-foot access easement for all shared driveways through a legal agreement. 104. An offer of dedication for street purposes shall be provided for Grace Lane. Portions of this dedication are off site. 105. The applicant shall be responsible for obtaining all off-site easements and rights of way associated with the project. . RESOLUTION NO. 3732 PAGE 14 PERMITS 106. 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. 107. Obtain a grading permit prior to commencement of any grading operations on site. FEES 108. Pay all required City fees at the time they are due. 109. Impact fees to specific capital improvement projects as determined by the Director of Public Works. 110. 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. PROCEDURE FOR PROTESTING FEES, . DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exsctions imposed on a development project, for the purpose of defraying all or a portion of the cost of pUblic facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. , (2) Serving written notice on the City Council, which notice shall contain all of the fOllowing information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. ..-.- RESOLUTION NO. 3732 PAGE 15 (B) A protest filed pursuant to subdivision (A) shall De 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 im~sition 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 111. 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. 112. Subdivision Improvement Agreemel1t: The subdivider shall enter into an improvement agreement for the completion and guarantee of improvements required. The improvernent agreement shall be on a form acceptable to the City. 113. Formation of a maintenance assessment district for maintenance and repair of all common areas and facilities as required by the City. BONDS 114. All bonds or security shall be in a form acceptable to the City, and shall be . provided prior to recording of the map, unless noted otherwise. The Improvement securities shall not expire until the City accepts the improvements. 115. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 116. 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. RESOLUTION NO. 3732 PAGE 16 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,. and shall be valid for a period of one year after the acceptance of the 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 TIOf'l' 117. 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. 118. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 119. 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 120. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 121. All utilities shall be-operational. 122. 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. A covenant shall be recorded for Lot C specifying that construction of the four (4) homes on this property shall be restricted to families having a moderate income as determined by the State Health. & Safety Code Section 50093 and converted to San Luis Obispo County's affordable housing standards. The restrictive covenant shall specify that the affordability of the units shall remain for a "rolling" thirty (30) year period, not to exceed 90 years, through a deed restriction. RESOLUTION NO. 3732 PAGE 17 Monitoring: The developer shall record the restrictive covenant regarding the afford ability of the four units on Lot C. Responsible Depts: Administrative Services and Community Development Departments Timeframe: Prior to issuing a building permit 2. The applicant shall submit a preliminary soils report that includes the following: a. An evaluation of the existing slope supporting the proposed road. b. An analysis of additional drainage introduced to the existing swale (Lot A) adjacent to Lot 11 with recommendations for the protection of the slope bank. Monitoring: The applicant shall submit a preliminary soils report Responsible Dept: Public Works Department Tlmeframe: Prior to issuing a grading permit 3. 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 Dept: Public Works Department Tlmeframe: Prior to acceptance of tract improvements for construction 4. 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. f Monitoring: Field inspection of each residence Responsible Dept: Building and Fire Department Tlmeframe: Prior to issuance of CertifICate of Occupancy 5. 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 Dept: Parks and Recreation Department Tlmeframe: Prior to construction of tract improvements ----.-.------ -"--- ___u____ __.__.._____ ----.-...~----------- RESOLUTION NO. 3732 PAGE 18 6. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement an individual :vvater 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 Dept: Public Works Department Timeframe: Prior to issuance of building permit 7. 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. 8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 9. 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. 10. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. 11. 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 mAaA1JrAA 7.11: Monitoring: Review of grading and building plans and site inspections Responsible Depts: 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 12. The applicant shall pay the City's Traffic Signalization and Transportation Facilities Impact fees prior to issuance of building permit. ----~._- - . RESOLUTION NO. 3732 PAGE 19 Monitoring: The applicant shall pay the fees Responsible Dept: Building & Fire Department Timeframe: Prior to issuance of building permit 13. The applicant shall retain an arborist during the grading and construction phases of the project to ensure tree protection measures are implemented. Monitoring: Field inspection Responsible Dept: Parks & Recreation & Community Development Timeframe: During grading and construction 14. Protective fencing shall be installed around each tree to remain at the dripline, or as directed in the field by the arborist. 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, m~teri~ls, or vehir.l~s 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 15. The open space property (Lot B) located on the east side of the project -site shall be maintained through a maintenance assessment district, according to the Fuel Modification Specifications (Attachment C of the Initial Study). . Monitoring: The appli~nt shall follow the Fuel Modification Specifications Responsible Dept: Building & Fire Department Timeframe: On-going 16. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 17. 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. 18. 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 ._-~ . RESOLUTION NO. 3732 PAGE 20 minimize the potential for disturbance of neighboring noise sensitive uses. For mAA.IJrAR 16-18: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction 19. Prior to issuance of a building permit, the applicant/developer shall obtain approval from the South San Luis Obispo County Sanitation District for any development impacts to district facilities, and pay the project's fair share of impact fees. Monitoring: The applicant shall obtain approval from the SanitatiOn District and pay proportional share of impact fees, as determined by the Sanitation District. Responsible Depts: Public Works/So. SLO County Sanitation Dist. Timeframe: Prior to recording the final map 20. The applicant/developer shall submit a landscape rehabilitation plan to restore the disturbed slopes located on the westem portion of the project site. . A licensed landscape architect shall prepare the plan. Monitoring: The applicant shall submit a landscape rehabilitation plan. Responsible Depts: Parks & Recreation and Community Development Depts. Timeframe: . Prior to issuance of grading permit 21. The applicant/developer shall submit a landscaping and irrigation plan in addition to site and building plans for each lot through the Design Review process to ensure proper vegetative screening, building materials and colors. f Monitoring: The applicant/developer shall submit a Design Review application for each lot. Responsible Dept: Community Development Dept. Timeframe: Prior to issuance of building permit 22. 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 - . RESOLUTION NO. 3732 PAGE 21 required to provide archaeological studies and/or mitigation measures. II Monitoring: Construction plans shall be reviewed prior to issuance of a grading permit to ensure the note is in place. Responsible Dept: Public Works Department Timeframe: Prior to issuance of grading permit 23. 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 tothe City. Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit . ~_.,. ._-_._--_...,-~---- . RESOLUTION NO. 3732 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. 3732 is a true, full, and correct copy of said Resolution passed and adopted ata regular meeting of the City Council of the City of Arroyo Grande on the 13th day of January, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of January, 2004. E, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK . .