Loading...
O 483 C.S. . ; ORDINANCE NO. 483 c.s. AN ORDINANCE OF THE CITY OF ARROYO GRANDE CITY COUNCIL ADOPTING A NEGATIVE DECLARATION; INSTRUCTING THE CITY CLERK TO FILE A NOTICE OF DETERMINATION; AND APPROVING DEVELOPMENT CODE REZONE CASE NO. 96-002. TO REZONE PROPERTY LOCATED AT 590 EAST CHERRY ~ \. AVENUE FROM.RA-B3 TO SF i I J WHEREAS, the City Council of the City of Arroyo Grande has considered Development Code Rezone Case No. 96-002 to rezone property located at 590 East Cherry Avenue from RA-B3 to SF; and . WHEREAS, the Planning Commission held a duly noticed public hearing on January 21, 1997 to consider Development Code Rezone Case No. 96-002, at which .time all interested persons were given the oPpor!unity to be heard; and . WHEREAS, the City Council held a duly noticed public hearing on February 1 1 ,1997 to consider Development Code Rezone Case No. 96-002, at which time all interested. persons were given the opportunity to be heard; and WHEREAS, the City Council has reviewed the draft negative declaration under the provisions of the California Environmental Quality Act (CEQA); and . WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearings and in the proposed document and staff report; and ~ WHEREAS, the City Council has found that this project is consistent with the General Plan and the Environmental documents associated therewith; with '.. '-- WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Development Code Findings: 1. The proposed change of zone (or revision to Title 9) is consistent with the goals, objectives, policies, and programs of the General Plan, and is necessary and desirable to implement the provisions of the General Plan. Based on the information provided in the staff report and accompanying materials the change of zone is consistent with the General Plan. In addition, the project will provide drainage improvements and open space that implement provisions of the General Plan. 2. The proposed change of zone (or revision to Title 9) will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. With the drainage , and roadway improvements proposed by the applicant, any potential impacts to public health, safety and welfare will be mitigated. Furthermore, the land use pattern is J consistent with development to the north and west. . 3. The proposed change of zone (or revision to Title 9) is consistent with the purpose and intent of Title 9 (or the portion of Title 9 it is amending). The proposed subdivision design is consistent with the site development standards of the SF zone and the land division requirements of Title 9 Chapter 4. J 4. The potential environmental impacts of the proposed change of zone (or revision to Title 9) are insignificant, or there are overriding considerations that outweigh the potential impacts. The initial study identifies several potential impacts; however, the conclusion is that all potential impacts can be mitigated. Thus the zone change will have an insignificant effect on the environment. Ordinance No. 483 C. s. Page 2 Department of FISh and Game Required Findings of Exemption [ 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act for Development Code Rezone Case No. 96-002. . . r 2. Based on the initial study, a negative declaration was prepared for review by the public and the Planning Commission, and review and approval by the City Council. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts the 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. NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo Grande hereby adopts a negative declaration; instructs the City Clerk to file a Notice of Determination; approves Development Code Rezone Case No. 96-002; and amends the Zoning Map of the City of Arroyo Grande to change the zoning of the parcel of land at 590 East Cherry Avenue from RA-B3 to SF subject to the conditions of approval and mitigation measures, attached hereto as Attachments "A" and "B" respectively, and incorporated herein by this rererence. . On motion of Council Member Lady , seconded by Council Member Tolley, r---' and by the following roll call vote, to wit: r- AYES: Council Members Lady, Tolley, Fuller, Runels, and Mayor Doug..,-_-l NOES: None ABSENT: None the foregoing Ordinanc~ was adopted this 25tlday of E YOR ATfEST: 71 . a.~ NANC~VIS, CITY CLERK APPROVED AS TO CONTENT: KIJWT(. HliJJ} ~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: Ordinance No. 483 C.S. . Page 3 I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify, under penalty of perjury, that the foregoing l Ordinance No.483 C.S. is a true, full and correct copy of said.Ordinance passed and adopted at a regular meeting of the Arroyo Grande City Council on the 25th day February, 1997. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 3rd day of March, 1997. '1I~a. ~ NANCY A. VIS, CITY CLERK CITY OF ARROYO GRANDE ~ '. - ] ] ATTACHMENT A CONDmONS OF APPROVAL DEVELOPMENT CODE REZONE CASE NO. 96-002 TENTATIVE TRACT 2217 590 EAST CHERRY A VENUE . . COMMUNITY DEVELOPMENT DEPARTMENT l GENERAL CONDmONS [ This approval authorizes a rezone from RA-B3 (40,000 sq. ft. minimum lot size) to SF (7,200 sq. ft. minimum lot size) and subdivision of a 16 acre site into 43 residential lots. The project includes infrastructure improvements. 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 Development Code Rezone Case No. 96-002. 3. This tentative map approval shall automatically expire on February 25, 1999 unless the final map is recorded or an extension is granted pursuant to Section 9-02.140.C. of the Development Code. ~ . 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meetings of February 11 and.25, 1997 and marked Exhibit" A" . 5. The applicant shall, as a condition of approval of this tentative or final map application,defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. Prior to final acceptance of tract improvements, the developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. TRAFFICISIGNALIZA'DON FEES J 7. Prior to final inspection the applicant shall pay the applicable Transportation Facilities . { Development Impact Fee as required by Arroyo Grande Municipal Code Section 3-2.501 et. seq. 8. Prior to final inspection, the applicant shall pay the applicable Traffic Signalization Fees J as required by Municipal Code Section 3-2.3, et.seq. DEVELOPMENT CODE ' . 9. . Development shall conform with the SF zoning .requirements except as otherwise approved. 1 1(1. Prior to recordation of' the final map, property line fences shall be provided where there are no fences or fences are in poor repair. Design of fences shall be as shown on Exhibit "A" or if not shown shall be subject to review and approval of the Community Development Director. . D II. . The developer shall comply with Development Code Chapter 9-04, "Land Divisions". .,~ 12. The developer shall comply with Development Code Chapter 9-14, If Dedications, Fees and Reservations." r STREET NAMES 13. Unless shown on the tentative map, street names shall be reviewed and approved pursuant to Municipal Code Section 8-2.04. 'The street labeled Garden Street that is contiguous with Calle Huerta on both ends, shall be renamed. LANDSCAPING 14. Prior to issuance o~ grading pennits or recordation, whichever occurs first, a landscaping and irrigation plan for street landscaping and the proposed park 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: 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) All slopes 2: 1 or greater shall have jute mesh, nylon mesh or equivalent material. (4) An automated irrigation system. UNDERGROUND UTILITIES 15. Prior to recordation of the final map, the developer shall comply with Development Code Chapter 9-15, "Improvements". All above ground utilities shall be underground. 2 SPECIAL CONDITIONS 16. In conjunction 'with recordation of the final map, the developer shan merge Jots 44, 45 and 46 and shall record an open space easement over the combined lots. Said easement shall be in favor of the public and the City of Arroyo Grande and shall prohibit ~ all structures, grading, mling or vegetation removal except as may be required for City- approved infrastructure or wildfire management. Said easement shall be subject to the .- j approval of the City Attorney. r ! 17. Prior to issuance of grading pennits or recordation of the final map, whichever occurs first, a streetscape plan shall be prepared for East Cherry A venue, Branch Mill .J Road and Garden Street subject to review and approval of the Community Development Director and Parks and Recreation Director. All improvements shown on said plan shall be installed prior to acceptance of tract improvements. 18. Homes on lots 24 and 25 shall front on Garden Street and shall have garages fronting on Calle Huerta. Deed restrictions notifying prospective buyers of this condition shall be recorded concurrently with the final map. 19. . If tract homes are constructed, there shall be a minimum of five building footprints (including reverse footprints) with four (4) elevations per footprint. PARKS AND RECREATION DEPAR1MENT CONDITIONS ~ PARK DEVELOPMENT FEES ....- . 20. Prior to recordation of the final map, the developer shall pay the current parks . development fee and/or donate land in-lieu of, for each lot approved, in accordance with City Ordinance 313 C.S. 21. The developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street tree is required for every fifty (50') feet of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may install all 15 gallon trees and receive a refund of deposit. TREE PRESERVATION/TREE REMOVAL PLAN 22. Prior to issuance of a grading or building pennit, the developer shall submit a tree preservation and tree removal plan to the Director of Parks and Recreation/City Arborist for undeveloped parcels, for lots with trees, or trees adjacent to the drainage easement J . in Tract 409. The plan shall include the location, size and specie of all trees located on f~ the lot or on adjoining lots, where development could affect the roots or limbs on trees or adjacent property. 23. All significant trees. to be removed as designated by the Director of Parks and J Recreation/City Arborist shall be replaced at a 3: 1 ratio and planted on site. With the approval of the Parks and Recreation Director, tree removal shall be mitigated by . . planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading pennit, all trees shall be planted or fees paid. 3 24. Prior to issuance of a. grading penn it, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 25. All trees on the construction site to be preserved shall be protected under the conditions [ of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Parks and Recreation Director. [ b. No storage of equipment, .supplies, tools, etc., within 8 feet of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Parks and Recreation Director. d. A. five foot (5') protective fence shall be constructed a minimum of 8 feet from the trunk of each tree. SPECIAL .CONDmONS 26. Plans for Park development shall be submitted to the Parks and Recreation Director and Community Development Director for approval prior to recordation of the final map. 27. Developer shall provide all improvements associated with the neighborhood park (tot lot, picnic area, curbs, gutters, sidewalk, turf, and irrigation) prior to acceptance of tract ~ improvements. 28. A five foot masonry wall shall be constructed by the developer on three sides of the proposed park site for backyard privacy prior to acceptance of tract improvements. 29. Developer shall provide a streetscape and wall plan including irrigation, shrubs, trees and sidewalks subject to review by the Architectural Advisory Committee and review and approval by the Director of Parks and Recreation. (See condition number 14.) 30. All trenching within twelve feet (12') of either side of the Redwood tree adjacent to the drainage easement in tract 409 shall be done by hand. A certified arborist, approved by the property owner, shall be notified 24 hours prior to the start of trenching and shall be present during construction activities adjacent to the Redwood tree. All roots shall be pruned per ISA standards. All trees identified as at risk within or adjacent to the drainage easement in Tract 409, pursuant to condition number 22, shall be evaluated by ( a certified arborist and based on the arborist's recommendations, the developer shall take necessary precautions to protect the trees. I \ ,- POLICE DEPARTMENT CONDmONS 3l. Concurrent with recordation of the final map. the developer shall record deed restrictions prohibiting vehicular access to Garden Street from lots 24 and 25. 4 32. Prior to acceptance of tract improvements the developer shall provide stop signs on. Garden Street at the Garden Street/East Cherry A venue intersection and on Calle Huerta at the Calle Huerta/Los Olivos Lane intersection. BUILDING AND FIRE DEPARTMENT CONDITIONS ADDRESSES .~ '. ) [ , 33. Prior to issuance of a certificate of occupancy, all addresses shall be visible at the i I I street and on individual residences. I I .; UBC/UFC 34. 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. 35. All roofs shall be class "A". FIRE LANES 36. AU fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. ~ CONSTRUCTION TAX .. 37. Prior to issuance. of a Certificate of Occupancy, applicant shall pay a construction tax pursuant to Article 5, Chapter 3, Title 3 of the Arroyo Grande Municipal Code. FIRE HYDRANTS 38. Prior to framipg, fire hydrants shall be installed, per Fire Department and Public Works pepartment standards. ABANDONMENT/NON-CONFOR~NG 39. Prior to issuance of a grading pennit or building pennit, whichever occurs first, applicant shall show proof of properly abandoning all non-conforming itetWlf such as septic tanks, wells, underground piping and other undesirable conditions. J SOILS REPORT 40. Prior to issuance of a grading pennit, a site specific soils report is required subject to 1 review by the €ity Engineer. DEMOLmON PERMIT/RETAINING WALL J 41. Separate permits must be obtained for retaining walls. FIRE FLOW 42. Project shall have a fire flow of 1,000 gallons per minute for a duration of 2 hours. S OTHER PERMITS 43. Prior to issuance of a building pennit, County Health Department approval is required I for abandonment of weII(s). COMPACTION TEST [ 44. Prior to concrete pour inspection, compaction tests are required in the footings. I WATER HEATER r t 45. No water heaters shall be permitted in the garage. BONDING 46. Prior to issuance of Building Permit, all new residential construction requires posting of a ($1,200.00) performance bond for erosion control and damage to the public right-of- way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. SPECIAL CONDffiON 47. A comprehensive vegetation management program for lots 44, 45 and 46 shall be developed by a licensed landscape architect. This program shall be submitted to the Director of Building and Fire prior to recordation. of the fmal map. PUBLIC WORKS DEPARTMENT CONDmONS ~ All conditions of approval herein specified, unless otherwise noted, are to be . complied with prior to the fiUng of the map. STREETS 48. The applicant shall offer for dedication to the public by certificate on the final map: a. For road widening purposes of Los Olivos Lane, East Cherry A venue, and Branch Mill Road, width of dedications to meet City's General Plan requirements, except Branch Mill Road, improved width 36 feet. b. An interior streets within the subdivision. 49. Access be denied to lots 21-26 from Cherry Avenue and lots 14-20 from Branch Mill Road and that this be by certificate and designation on the final map. I 50. Improvements required of developing parcel will include street paving, curb, gutter, \ street lights, sidewalks, landscaping, the required utilities, grading and drainage. The improvements for East Cherry A venue and Branch Mill Road shall include resurfacing or reconstruction of the existing paved surfaces, as required to provide a structural section meeting City standards and a smooth driving surface. 51. Prior to street paving, all underground improvements required for development of parcels within Tract 2217 shall be installed. 6 GRADING 52. All grading shall be done in accordance with City's Grading Ordinance No.)03 C.S.. IMPROVEMENTS 53. The following improvements shall be designed in accordance with City specifications and l standards: Street plan and profile [ J a. b. Drainage ditches, culverts, and other structures (if drainage calculation require) c. Water plan d. Sewer plan e. Grading an.d erosion control plan for subdivision related improvements f. Public utility location g. Retention basin 54. Prior to approval of Improvement Plans, the applicant shall enter into an agreement with the City for inspection of said improvements. WATER 55. Fire hydrants shall be installed per Fire <;:hief requirements at intervals along all public streets and at the terminus of ail cul-de-sacs. ~ SEWER 56. The subdivider shall install sewer laterals to each buildable lot shown on the tentative map at a size appropriate for proposed use. The minimum size shall be 4 inches. STORM DRAINAGE 57. Portions of the subdivision may be subject to flood hazard from Branch Mil1 Road and East Cherry Avenue. Applicant shall show the limits of inundation from a 100 year storm as an exhibit and note this as a required building restriction. 58. An on-site grading plan incorporating a retarding basin with discharge to the public street through an underwalk drain, or to a flood control facility, or to a point of discharge approved by the City Engineer, will be required upon development in accordance with J Public Works and Community Development requirements. 59. Prior to recordation off the final map, the retardation basin shall be fully constructed [ in accordance with approved plans or bonded for, but shall be constructed and functional prior to occupancy of any~ls within Tract 2217. J 60. A funding arrangement for the perpetual maintenance of the retarding basin shall be submitted to the City for review and approval. . Any maintenance agreement required for :: , said funding arrangement shall be recorded simultaneously with the recordation of the final map. A copy of the recorded document shall be submitted to the City. 7 . 6L The Public Improvement Plan submittal shall include landscaping and irrigation plans for the retardation basin if the basin is to be maintained as part of the City landscape maintenance district. The applicant's Engineer shall submit three (3) prints of the landscaping and irrigation plans to the Public Works Department for checking purposes (1 set for Community Development, 1 set for Parks and Recreation). The landscape [ plans will be part of the Public Improvement Plans, as reproducible mylar prints. . 62. The applicant shall provide on-site retardation facilities designed and constructed to Public Works and Community Development requirements prior to recordation of r final/parcel map. The facilities shall be designed to accommodate the increased drainage \ water flow of a 100 year storm event as a result of new development. PUBLIC UTILITIES 63. All new public utilities shall be undergrounded to comply with the Development Code. 64. All existing on-site public utilities .shall be placed underground as a condition of Tract 2217. 65. Prior to occupancy of any parcel within tract map 2217, all public utilities shall be operational. 66. At time of Public Improvement Plan review, plans shall be submitted to all applicable public utility companies including but not Jimited to Pacific Gas and Electric (p.G.& E.), General Telephone (G.T~E.), Cable TV and Southern California Gas Company for Comments from the utilities regarding required easements, transformer ~ revIew. :....' . locations, etc. shall be forwarded to Public Works Department for review and .approval. l___ EASEMENTSIDEDICATIONS. 67. A minimum of ten feet (10)'. on fifty-two feet (52') rights of way'and six feet (6') on streets with rights of way over fifty-two feet (52') wide for Public Utility, Cable TV, and Telephone and street easements shall be dedicated adjacent to all street right-off-way. (All public utility easements shall be shown on the map.) 68. . The applicant shall dedicate tree planting and maintenance easements adjacent to all public street right-of-way in widths as indicated in the previous condition for utility easements, or as directed by the Parks and Recreation Department. 69. Retarding basins shall be dedicated on the final map as drainage easements, if not accepted in fee by the City. 70. All easements to be abandoned by the map (Government Code Section 66499.20) shall f I I \ be clearly identified as such with City-approved notation on the tentative and final map. I L -. SOIL TESTING 71. Prior to approval of Final Map, a preliminary soils report, prepared by a civil engineer registered in this state, and based upon adequate test borings, shall be required and submitted to Public Works Department to comply with Government Code 66490 (Subdivision Map Act). 8 72. Prior to approval of Street Plans, a soils analysis will be required for the determination of street structural sections. ~ I ~: The fees given at this time are estimates calculated using rates currently in effect. I The actual amount due shall be calculated using fee rates in effect at the time of l payment. r 73. Map Checking - See City Resolution No. 2470. This fee will be collected prior to review or the plans. 74. Public Improvement Plan Plancheck and Inspection - Based on approved estimated cost of public improvements. See City Resolution No. 2470. 75. All of the fees shall be collected prior to recordation of final map. SPECIAL CONDmON 76. The applicant shall be credited for additional improvements made to the drainage system if a regional solution is agreed to by the City Council. and regional improvements made. BONDS/SURETY ~ 77. Faithful Perfonnance - 100% of the approved estimated cost of aU public improvements. 78. Labor & Materials - 50 % of the approved cost estimate. 79. One Year Guarantee - 10% of the approved cost estimate. 80. Monumentation - Prior to recordation oC the final/parcel map, amount set by the developer's engineer and approved by thee.PubJic Works Department of the monuments are to be set and accepted by the City. 81. Other surety bonds shall be provided as follows: The installation of the storm drain from the project to the Arroyo Grande Creek, if this is not a part of the public improvements. REPORTS/PLANS J 82. Prior to recordation of the final map, a current preliminary title report shall be [ submitted to the Public Works Director. 83. Public improvement plans prepared by a registered civil engineer and approved by the Public Works Department will be required. Improvement plans shall include surface ] improvements plan and profile, underground improvements plan and profile, and signing and striping plans for all arterial streets. 84. The Public Improvement Plan submittal shall include landscaping and irrigation plans for any area of Public right-of-way where landscaping is to be maintained by a City landscape maintenance district. The Engineer shall submit three (3) prints of the 9 landscaping and irrigation plans to the Public Works Department for checking purposes (1 set for the Community Development Department and 1 set for Parks and Recreation. The landscape plans, when approved, shall be submitted to Public Works Department as reproducible mylar prints. [ 85. The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the subject site. The' flushing of dirt and , debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning r I 1 shall be done after each day's work or as directed by the Director of Public Wodes or I I the Community Development Director. I ( I 86. All required improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Specifications and Drawings. 87. Except as modified by other conditions of approval of this project, the following documents, submitted in connection with the application for this project and retained in Public Works File, are hereby incorporated by reference as conditions of this project: Hydrologic and drainage study of the project considering the Newsom Spring and Guaya .Canyon as tributaries. ENGINEERING 88. After the requested information is added to the plans they shall be resubmitted to the Public Works Department for checking and approval prior to issuance of a grading permit. The following items shall be incorporated an~ labeled as proposed or existing, on the site/utility plan before resubmittal: .. , Location & sizes of all public water, sewer & storm drainage facilities in abutting. I a. l_._. streets/alleys.. b. Location, quantity & sizes of all proposed/existing sewer & water laterals. c. Location, quantity & orientation of trash enclosures. d. Show all parcel lines and easements crossing the project site. e. Show the locations and dimensions of all existing driveways and sidewalk. f. Location of street lights, utility poles, guy wires, telephone facilities, gas lines and so forth. 89. ,Installation of Public Improvements by developer: f The developer shall install a handicap ramp on all street intersections along the , \ a. I \ I curb returns. Said handicap ramp shall be installed according to California .~#- Administrative Code, Title 24 Requirements. b. A plan showing the above required improvements shall be prepared by an appropriately licensed professional and submitted to the Public Works Department for approval prior to issuance of Building permit. 10 WATER 90. If the Fire Department is requiring an on-site fire hydrant, the water. main to the fire hydrant shall be a public facility. This will require public improvement plans prepared by a registered civil engineer and approved by the Public Works Department. The water . line shall be installed within a 10' wide water line easement '1 91. All sewer laterals crossing or parallel to public water facilities shall be constructed in i j. accordance with the California State Health Agency standards. i i I . --1 ~ ,-.-- . J , J 11 , .' . . ATTACHMENT B MITIGATION MEASURES [ DEVELOPMENT CODE REZONE CASE NO. 96-002 TENTATIVE TRACT 2217 590 EAST CHERRY AVENUE " Mitigation Measures: [ 1. Applicant shall submit a landscape screening plan for the property frontage along Branch Mill Road, indicating the location and list of planting materials to be installed. Plan materials shall include, but not be limited to, staggered evergreen shrubbery that matures. to 8-10 feet in height and evergreen trees that mature to 20 and 30 feet in height. The landscape improvement plan shall be subject to the approval of the Directo~ of Parks and Recreation and the Community Development Director. Monitoring: Review landscape screening plan for eastern property frontage Responsible Department: Parks and Recreation Department, Community Development Department Timeframe: Prior to recordation of final map 2. Applicant shaIllimit the building en,!;lope for residential lots 14 through 20 to between . 20 feet from the front property line and 20 feet from the rear property line. .Building . "'.. ~.. envelope limitations for lots 14. through 20 shall be included in project CC&Rs. ;.., . ~ \- . Monitoring: Review of project and CC&Rs delimiting the building envelopes for lots 14 through 20, to be submitted concurrently with final map Responsible Department: Community Development Department . Timeframe: Prior to recordation of final map 3. All prospective property buyers shall be informed of the City of Arroyo Grande Right to Farm Ordinance, and informed of potential impacts that may occur from residing in close proximity to agricultural activities. Said Ordinance shall be included in the project CC&Rs. Monitoring: Revi~w of project CC&Rs to be submitted concurrently t with final map ( I Responsible Department: Community. Development Department ! I Timeframe: . Prior to recordation of final map i \ ! \ 4. If the drainage solution identified in Attachment B of the Initial Study is pursued instead ~- of the regional drainage solution, the applicant shall install a drainage pipe in the Branch Mill Road right of way instead of an open drainage channeL Monitoring: Review of tract improvement plans and Field Inspections Responsible Department: Public Works Department Timeframe: Plan review prior to issuance of grading permit, installation prior to acceptance of tract improvements . 5. All ~ew construction shall be built to Uniform Building Code and City Standards. .- J Monitoring: Review of building plans/site inspection ( i Responsible Department: Building Department 1 Timeframe: Prior to issuance of a Certificate of Occupancy J 6. The developer shall record open space easements over lots 44, 45 and 46. Said easements shall be in favor of the public and the City of Arroyo' Grande, and shall prohibit all structures, grazing, grading, filling or vegetation removal except as may be required for City-approved trails, drainage facilities or other City-approved infrastructure. Said easements shall be subject to the approval of the Community Development Direct~r and the City Attorney. An enhancement plan' shall be prepared for each open space area, subject to the approval of the Community Development Director, which shall include recommended phintings and other features intended to improve the aesthetic and habitat value, and to minimize erosion. Said plan shall be implemented as part of the subdivision improvements. Monitoring: The easements shall be recorded in conjunction with the ~ final map for this project Responsible Department: . Community Development Department Timeframe: In conjunction with recordation of the final map for easements, prior to acceptance of tract improvements for implementation of the enhancement plan . 7. The project shall utilize soil recompaction techniques specified in the soils report and Uniform Building Code and City Standards for earthquake safety, utilizing conventional building and foundation techniques. Monitoring: Review of building plans/site inspection Responsible Department: Building Department Timeframe: Prior to issuance of a Certificate of Occupancy 8. As part of tract improvements, the applicant shall design, to the satisfaction of the J Director of Public Works, and construct an onsite drainage basin to limit runoff from the development site itself. ( Monitoring: . Review of plans for the basin with tract improvement and grading plans J Responsible Department: Public Works D~partment Timeframe: Prior to acceptance of tract improvements for construction 9. As part of tract improvements, the applicant shall design, to the satisfaction of the Director of ~ublic Works, and construct a drainage system to divert runoff that currently 2 , . passes through the site, to the Arroyo Grande Creek. The drainage system shall be designed for the highest feasible capa,CL.~ given the constraint of the existing easements. C '. Monitoring: Review of plans with tract improvements and grading plans .~; Responsible Department: Public Works Department r . Timeframe: Prior to issuance of grading permits for plan review and I approval, prior to acceptance of tract improvements for r I construction l 10. All new construction shall utilize fixtures and designs which minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, 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 F:ire Departments Timeframe: Prior to issuance of Certificate of Occupancy 11. 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 r'- . Responsible Departm~t: Parks and Recreation Department ........ 1 Timeframe: Prior to construction of traCt improvements i -...- 12. The applicant shall provide for review and approval by the City Council, an individual water program which will propose mitigating measures to neutralize projected water . demand for the project. The projected water demand for this project is approximately 21.5 acre feet of.water per year. As part of the water program, the City Council may adjust projected water demand based upon proposed water conservation measures or other factors that decrease use of City water supplies. The approved program must be implemented or bonded for, prior to recordation of the final map. Monitoring: Review of water conservation plans Responsible Department: Public Works Department Timeframe: Prior to recordation of fmal map ( ) i : 13. Tract CC&Rs shall inform residents of the water conservation requirements placed on f \ this tract. \ i -- Monitoring: Review CC&Rs for this mitigation measure Responsible Department: Community Development Department Timeframe: CC&Rs shall be recorded concurrently with the final map 3 . - . . 14. The applicant shall install Class II bike lanes along the project frontages of East Cherry A venue and Branch Mill Road. '. Monitoring: Field inspection during construction Responsible Department: Public Works Department "1 Timeframe: Prior to acceptance of road improvements l I ! 15. Pedestrian access shall. be accommodated by installing sidewalks along the street i I frontages of: East Cherry A venue; Los Olivos; Garden Street and Calle Huerta, per the tract and road improvement plans. Monitoring: Field inspection during construction Responsible Department: Public Works Department Timeframe: Prior to acceptance of tract and road improvements 16. The applicant shall submit a mitigation plan for review and approval by the City and the Air Pollution Control District for construction related emissions prior to issuance of grading permits. The plan shall include, but not be limited to, the following: . Water the site in the morning arid the afternoon . Re-establish ground-cover and required paving on the construction site as soon as ~ possible after grading . Wash truck prior to leaving the site ~.. . Properly tune and maintain all equipment ---- . Use low sulphur fuel for equipment . Provide rideshare and transit incentives for construction workers .. Configure construction parking to minimize conflicts wiUt street traffic . Schedule roadway operations {or non-peak hours Monitoring: The mitigation plan shall be subm!tted and approved prior to issuance of grading permit Responsible Departme~t: Public Works Department and SLOAPCD Timeframe: Prior to issuance of grading permit . 17. Removal of plants and soil disturbance on the Arroyo Grande Creek shall be minimized. Revegetation of disturbed areas with native and/or other suitable plant materials shall be required as soon as possible after creek disturbance, and energy dissipators shall be J installed at the termination of drainage pipes to control soil erosion. Monitoring: Field inspection/review of drainage improvement plans [ Responsible Department: Public Works Department Timeframe: Intermittent inspection during drainage improvements and J prior to dwelling unit construction 18. The applicant shall design the basin to empty quickly and any fencing between the play " area and the basin shall allow unobstructed view of the basin. There shall also be unobstructed view of the basin from the adjacent street. 4 . Monitoring: Plans for the basin shall be submitted and approved prior to'issuance of a grading permit. Responsible Department: Public Works Department [ Timeframe: Prior to issuance of a grading permit (Oo Dwelling units shall be constructed utilizing Class ~ A" roofing materials and construction 19. design per the Uniform Building code and City Standards. r . Monitoring: Construction plans review. Plans shall incorporate Class "A" roofing materials Responsible Dep~ment: Building and Fire Department Timeframe: Prior to issuance of building permits 20. The project shall provide adequate fire-flow for fire suppression through the installation of fire hydrants throughout the project. These shall be based on review by the Director of Building and Fire.. Monitoring: The applicant shall install fire hydrants with flows meeting the Fire Code Requirements Responsible Department: Building and Fire Department Timeframe: 'Prior to acceptance of tract improvements or issuance of building permits, whichever occurs rust 21. Prior to issuance of building permits for any house in this project, the applicant shall pay ~ a maximum of $2.95 per square foot of house area to offset the cost of accommodating students projected to be generated by this project. Monitoring: The applicant shall pay applicable school fees Responsible Dept./ Agency: Building Department\Lucia Mar School District Timeframe: Prior to issuance of Building Permits for each residence 22. The applicant shall install road improvements on Branch MiII Road and East Cherry A venue per approved road improvement plans. Monitoring: The applicant shall ins.tall road improvements Responsible Department: Public Works Department Timeframe: To be constructed prior to issuance of Building Permits 23. The following note shall be placed on. grading and improvement plans for the Tract: .r \ ''In the event that during grading, construction or development of the project, and ( \ I archaeological resources are uncovered, all work shall be halted until the City has I reviewed the resources for their significance. 1/ human. remains (burials) are l._ encountered, the County Coroner (781-4513) shall be contacted immediately. 111e . applicant may be required to provide archaeological studies an/or mitigation measures. " 5 .~ ----- ~ , , Monitoring: Construction plans shall be reviewed prior to issuance of a i grading or building permit to ensure the n~te is in place J I Responsible Department: I Public Works, Building Departments 1 Timeframe: Prior to grading or building permit issuance oJ 24. The applicant shall pay all applicable park development fees to the City. I Monitoring: The applicant shall pay all applicable park development fees to the City Responsible Department: Parks and Recreation Department Tirneframe: Prior to recordation of the fmal map ~ _:~ J I J :-1' 6