R 3921
RESOLUTION NO. 3921
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING VESTING TENTATIVE
TRACT MAP CASE NO. 04-006, PLANNED UNIT
DEVELOPMENT CASE NO. 04-005 AND MINOR
EXCEPTION CASE NO. 05-015, APPLIED FOR BY RUSS
SHEPPEL FOR PROPERTY LOCATED ON OAK PARK
BLVD. AND JAMES WAY (OAK PARK PROFESSIONAL
PLAZA)
WHEREAS, the City Council of the City of Arroyo Grande has considered Vesting
Tentative Tract Map 04-006, Planned Unit Development 04-005 and Minor Exception
05-015, filed by Russ Sheppel, to subdivide a 1.8-acre site into nineteen (19) lots
resulting in 24 density equivalent town homes and condominiums as a mixed use with
existing fitness club and medical offices and to deviate from the maximum building
height; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with City Code; and .
WHEREAS, the City Council finds that this project is consistent with the City's General
Plan, Development Code and the environmental documents associated therewith, and
has reviewed the draft Negative Declaration with mitigation measures under the
provisions of the Califomia Environmental Quality Act (CEQA); 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.
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.
RESOLUTION NO. 3921
PAGE 2
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.
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.
Planned Unit Development Permit Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan.
2. The project site is adequate in size and shape to accommodate said use and all
yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and
other features required by the Development Code.
3. The site for the proposed development has adequate access, meaning that the
site design and development plan conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be compatible
with the existing single-family residential, hospital and medical office uses in the
surrounding area.
6. The improvements required, and the manner of development, adequately address
all natural and man-made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit Development
Provisions by providing a more efficient use of the land and an excellence of
design greater than that which could be achieved through the application of
conventional development standards.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
RESOLUTION NO. 3921
PAGE 3
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. 04-006 and Planned Unit Development 04-006.
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 City Council finds that said Mitigated
Negative Declaration reflects the City's independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Vesting Tentative Tract Map No. 04-006, Planned Unit
Development No. 04-006 and Minor Exception No. 05-015, as presented to the City
Council on May 9, 2006 and as shown in Exhibits B1-B27 on file in the Administrative
Services Department and incorporated herein by this reference as though set forth in full,
with the above findings and subject to the conditions as set forth in Exhibit "A", attached
hereto and incorporated herein by this reference.
On a motion by Council Member Arnold, seconded by Council Member Dickens, and by
the following roll call vote to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Dickens, Costello, Guthrie
Mayor Ferrara
None
the foregoing Resolution was adopted this 9th day of May 2006.
RESOLUTION NO.
PAGE 4
~
, MAYOR
ATTEST:
APPROVED AS TO CONTENT:
~~MS, CITY MANAGER
APPROVED AS TO FORM:
ATTORNEY
RESOLUTION NO. 3921
PAGE 5
EXHIBIT "An
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 04-005,
PLANNED UNIT DEVELOPMENT 04-006 and
MINOR EXCEPTION 05-015
Russ Sheppel
Oak Park Blvd. and James Way (Oak Park Professional Plaza)
COMMUNITY DEVELOPMENT DEPARTMENT
GFNFRAI CONOITIONS
This approval authorizes the subdivision of a 1.8-acre property into nineteen (19) lots resulting
in 24 density equivalent town homes and condominiums in eleven (11) buildings as a mixed
use with existing fitness club and medical offices. Also approved is a one-foot (1 ') deviation
from the maximum building height.
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 No. 04-005 and Planned Unit Development No. 04-006.
3. This Tentative Map and Planned Unit Development shall automatically expire on May 9,
2008 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 plans presented to the City
Council at the meeting of May 9, 2006 as shown in Exhibits 81-827 on file in the
Administrative Services Department.
5. The applicant shall agree to defend, indemnify and hold harmless at his/her sole
expense any action, claim or proceeding brought against the City, its present or former
agents, officers, or employees within the time period provided for in Government Code
Section 66499.37 because of the issuance of said approval, or in anyway relating to the
implementation thereof, or in the alternative, to relinquish such approval. The City shall
promptly notify the applicant of any claim, action or proceeding and shall cooperate fully
in its defense. The applicant shall reimburse the City, its agents, officers, or employees,
for any court costs and attorney's fee's which the City, its agents, officers or employees
may be required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his/her obligations under this condition. This
condition is imposed pursuant to Government Code Section 66474.9.
6. Development shall conform to the OMU zoning requirements except as otherwise
approved.
RESOLUTION NO. 3921
PAGE 6
SPFC:IAI C:ONDITIONS
7. Consistent with the City's Housing Element policies, the project shall restrict fifteen
percent (15%) of the units, or 3.3 units, to qualified families earning a. rnoderate-
income (based on the City's affordable housing standards). The developer shall pay
an affordable housing in-lieu fee for any fraction of a unit (see also MM 9.1).
8. The Final Tract Map shall show an irrevocable offer to dedicate the 25' creek setback
area to the City, including the pedestrian path.
9. Prior to issuance of building permit, the applicant shall record a new, non-exclusive
pedestrian trail easernent that coincides with the project plans. The applicant shall
submit construction plans for the pedestrian trail for review and approval by the
Departments of Public Works and Parks, Recreation and Facilities. Prior to issuing
a certificate of occupancy, the developer shall install the pedestrian trail in
accordance with the approved construction plans. The pedestrian trail shall either be
maintained by a homeowners association with maintenance responsibilities outlined in
the CC&Rs, or by the City if the offer of dedication is accepted.
10. The pedestrian trail shall connect to the public sidewalk on James Way by means of
an ADA ramp and stairs.
11. Only native plants shall be planted within the 25' creek setback area.
12. Signs shall be posted prohibiting the use of herbicides or other toxic substances
potentially harmful to creek habitat.
13. The CC&Rs shall prohibit privately installed lighting adjacent to the creek.
14. The City shall receive all documentation submitted to the U.S. Army Corps of
Engineers to satisfy requirements outlined in the "Wetland Mitigation Plan".
15. The project shall provide bicycle parking in a location acceptable to the Community
Development Director.
16. Fencing shall be installed along the pedestrian creek path that does not prohibit
migration of fauna between the path and riparian area.
17. Driveway option NO.3 shall be implemented, which has all traffic directed towards the
upper (westerly) driveway and closes off the lower (easterly) driveway allowing for
emergency access only.
18. All impact trees shall be a minimum 36" box in size.
19. The applicant shall prepare a plan for a right pocket turn lane within the public right of
way for review and approval by the Public Works Director, if a right pocket turn lane is
determined to be a substantial public safety enhancement within a five (5) year
timeframe based on traffic projections.
RESOLUTION NO. 3921
PAGE 7
20. The applicant shall demonstrate to the satisfaction of the Public Works Director that
the turning radiuses within the project site can accommodate a range of vehicles from
large trucks and buses, to cars, or the project shall return to the city Council for
additional review and modification.
21. Speed bumps shall be installed between the hotel gate and the third town house.
ARCHITECTlJRAI REVIEW COMMITTEE (ARC) CONDITIONS
22. Soften the two purple building colors of the town homes.
23. Provide more landscaping in the three islands where the cantilevered building projects
out (pending no loss of parking spaces).
24. Plant two Liquidambars in the diamonds on the north side of the condos.
25. Change the Flax plants to Pittosporum undulatum and change the planter area to
project as far as possible into the parking space on the west side of the condos on
either side of garage doors.
26. Submit a final landscape to the Architectural Review Committee for review and
approval prior to issuance of building permit.
27. Provide decorative paving in the driveways between garages of the town homes.
NOISF
28. All residential units shall be designed to mitigate impacts from non-residential project
noise, in compliance with the City's noise regulations.
29. Construction shall be limited to between the hours of 8am and 6pm Monday through
Friday. No construction shall occur on Saturday or Sunday.
DFVEl OPMENT CODE
30. Development shall conform to the Office Mixed Use (OMU) zoning requirements except
as otherwise approved.
31. All fences and/or walls shall not exceed six feet (6') in height unless otherwise approved
with a Minor Exception or Variance application.
32. The developer shall comply with Development Code Chapter 16.20, "Land Divisions".
33. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees
and Reservations."
RESOLUTION NO. 3921
PAGE 8
34. The following shall be included in the CC&Rs regarding open space:
a. The dedicated open space area (Lot A) shall not be further subdivided in the
future;
b. The use of the open space shall continue in perpetuity for the purpose
specified;
c. Appropriate provisions shall be made for the maintenance of the open space;
and
d. Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
35. For zero lot line projects where detached dwelling units are to be constructed upon a
lot line, a five-foot maintenance easement shall be provided on the adjacent lot, along,
and parallel to, the zero lot line dwelling. The easement shall grant access to the
owner of the zero lot line dWelling for purposes of maintaining the zero lot line wall.
36. A property owners' association and covenants shall be established to ensure that
common areas are owned and maintained by Planned Unit Development property
owners.
a. The homeowners association must be established before the homes are sold;
b. Membership must be mandatory for each home buyer and any successive
buyer;
c. The open space restrictions must be permanent, not just for a period of years;
d. The association must be responsible for liability insurance, local taxes, and the
maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the assessment
levied by the association can become a lien on the property if allowed in the
master deed establishing the homeowners association; and
f. The association must be able to adjust the assessment to meet changed
needs.
PRIOR TO ISSUANCE OF GRADING PERMIT
37. 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.
PRIOR TO RECORDING THE FINAL MAP
38. The applicant shall submit final Covenants, Conditions and Restrictions (CC&R's) that
are administered by a subdivision homeowners' association and formed by the applicant
for common areas within the subdivision. The CC&Rs shall preclude private property
owners from utilizing the 25' creek setback area for private use. The CC&Rs shall be
reviewed and approved by the City Attorney and recorded with the final map.
39. 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
RESOLUTION NO. 3921
PAGE 9
Recreation Departments. The landscaping plan shall include the following for all public
street frontages and common landscaped areas:
(1) Tree staking, soil preparation and planting detail;
(2) The use of landscaping to screen ground-mounted utility and mechanical
equipment;
(3) The required landscaping and improvements. This includes:
i. Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
ii. 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
iii. All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent
material.
iv. An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
40. All fencing shall be installed.
PARKS AND RFCRFATION DFPARTMFNT CONDITIONS
41. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community
Tree Ordinance.
42. Linear deep root barriers shall be used for all trees within six feet (6') of curb, gutter or
sidewalks.
43. 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.
44. Prior to issuance of building permit, the applicant shall submit a trail improvement
plan for the pedestrian trail located within the creek setback area.
BUILDING AND FIRF DEPARTMENT CONDITIONS
LJBCfLJFC
45. 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.
46. The project shall provide complete compliance with State and Federal disabled access
requirements. Per S.B. 1025, 10% of the primary entry levels of multistoried dwelling
units must comply with the HCD's accessibility provisions.
47. The applicant shall show all setback areas for each lot on the tentative tract map prior
to map recordation.
RESOLUTION NO. 3921
PAGE 10
FIRF I ANF'S
48. Prior to issuance of a certificate of occupancy, the applicant shall post designated
fire lanes, per Section 22500.1 of the California Vehicle Code.
49. All fire lanes rnust be posted and enforced, per Police Department and Fire Department
guidelines.
FIRE FI OWfFIRF HYDRANTS
50. Project shall have a fire flow based on the California Fire Code Appendix III-A.
51. Prior to bringing combustibles on site, fire hydrants shall be installed per Fire
Department and Public Works Department standards. Locations shall be approved by
the Fire Chief.
FIRF SPRINKI FRS
52. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
53. The project shall provide Fire Department approved access or sprinkler system per
National Fire Protection Association Standards 13d or 13R as appropriate.
OPTICOM DFVICF
54. An opticom traffic signal pre-emption device shall be installed that meets Building and
Fire Department requirements as determined by the Director of Building & Fire for traffic
signal at West Branch Street and Oak Park Boulevard.
ARANDONMF'NTfNON-CONFORMING
55. 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.
OTHFR APPROVAl S
56. The project shall comply with Federal and local flood management policies.
57. Any review costs generated by outside consultants shall be paid by the applicant.
RESOLUTION NO. 3921
PAGE 11
PUB) IC WORKS nEPARTMENT 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.
58. Fees - The applicant shall pay all applicable City fees at the time they are due. (For
your information, the "Procedure for Protesting Fees, Dedications, Reservations or
Exactions" is provided below).
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
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.
RESOLUTION NO. 3921
PAGE 12
(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.
59. Fees to be paid prior to plan approval:
(1) Plan check for grading plans based on an approved earthwork estimate.
(2) Plan check for improvement plans based on an approved construction cost
estimate.
(3) Permit Fee for grading plans based on an approved earthwork estimate.
(4) Inspection fee of subdivision or public works construction plans based on an
approved construction cost estimate.
PURl IC WORKS DEPARTMENT SPECIAl CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied with
prior to recording the map, unless specifically noted otherwise.
60. Relocate the existing water main from James Way to the southern project limits to ten
feet (10') west of the sanitary sewer main and provide the appropriate fifteen-foot (15')
easement.
61. Abandon the existing water main connection to James way per the requirements of
the Director of Public Works.
62. The applicant shall extend the sewer main across the project frontage to City
standards and provide the appropriate twenty-foot (20') wide easement due to depth
of line.
63. The applicant shall pay the fair share for the impacts to the following wastewater
capital improvement projects:
a. EI Camino Real Upgrade.
b. Walnut Street Upgrade.
64. The applicant shall overlay James Way from the easterly project driveway to Oak Park
Boulevard with 1 y," of asphalt from gutter to gutter.
65. Replace the driveway approach adjacent to Kennedy Club Fitness with City standard
curb, gutter and sidewalk.
66. The applicant shall provide on-site below ground stormwater retardation facilities
designed and constructed to Public Works and Community Development requirements,
and the following:
a. The facilities shall be designed to reduce the peak flow rate from a post-
development 100-year storm.
b. The 100-year basin outflow shall not exceed the criteria provided by the U.S.
Army Corps of Engineers (ACOE).
RESOLUTION NO. 3921
PAGE 13
c. The 1 DO-year basin outflow shall be limited to a 'level that does not cause the
capacity of existing downstream drainage facilities to be exceeded.
d. The basin design shall include freeboard equal to twenty percent (20%) of the
basin depth, to a minimum of twelve inches (12").
e. The basin shall be fully constructed and functional prior to occupancy for any
building permit within the project.
f. The basin shall be maintained by a homeowner's association. The City shall
approve the related language in the association CC&Rs prior to recordation.
67. The applicant shall provide access from top of bank for creek maintenance.
PlJRllC WORKS OFPARTMFNT STANOARO CONDITIONS
GFNERAI CONOITIONS
68. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as
directed by the Director of Public Works.
69. Perform construction activities during normal business hours (Monday through Friday, 7
A.M. to 5 P.M.) for noise and inspection purposes. The developer or contractor shall
refrain from performing any work other than site maintenance outside of these hours,
unless an emergency arises or approved by the Director of Public Works. The City may
hold the developer or contractor responsible for any expenses incurred by the City due
to work outside of these hours.
IMPROVEMENT PI ANS
70. All project improvements shall be designed by a registered civil engineer in the State of
California and constructed in accordance with the City of Arroyo Grande Standard
Drawings and Specifications.
71. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and one (1) electronic
copy on CD in AutoCAD of approved improvement plans for inspection purposes during
construction.
72. 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.
73. The following Improvement plans shall be prepared by a registered Civil Engineer and
approved by the Public Works Department:
(1) Grading, drainage and erosion control,
(2) Street paving, curb, gutter and sidewalk,
(3) Public utilities,
(4) Water and sewer,
(5) Landscaping and irrigation,
RESOLUTION NO. 3921
PAGE 14
(6) Any other improvements as required by the Director of Public Works.
74. Landscape and irrigation plans are required for landscaping 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 shall approve any landscaping
or irrigation within a public right of way or otherwise to be maintained by the City.
75. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
76. The site plan shall include the following:
(1) The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
(2) The location, quantity and size of all existing and proposed sewer laterals.
(3) The location, size and orientation of all trash enclosures.
(4) All existing and proposed parcel lines and easements crossing the property.
(5) The location and dimension of all existing and proposed paved areas.
(6) The location of all existing and proposed public or private utilities.
WATFR
77. 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.
78. Construction water is available at the corporate yard. The City of Arroyo Grande does
not allow the use of hydrant meters.
79. Each parcel shall have separate water meters. Duplex service lines shall be used if
feasible.
80. 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.
81. Existing water services to be abandoned shall be properly abandoned and capped at
the main per the requirements of the Director of Public Works.
82. The applicant shall complete measures to neutralize the estimated increase in water
demand created by the project by either:
(1) Implement an individual water program consisting of retrofitting existing off-site
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,
(2) The applicant may pay an in lieu fee of $2,200 for each new residential unit.
RESOLUTION NO. 3921
PAGE 15
83. All units to be sprinklered shall have individual water services.
84. The on-site water systems that supply water to fire hydrants shall be a public facility.
This will require public improvement plans and dedication of a fifteen-foot (15') wide
easement.
SFWER
85. Each parcel shall be provided a separate sewer lateral.
86. Both units on each parcel will utilize the same sewer lateral.
87. All new sewer mains must be a minimum diameter of 8".
88. All sewer laterals within the public right of way must have a minimum slope of 2%.
89. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
90. Existing water laterals to be abandoned shall be properly abandoned and capped at the
main per the requirements of the Director of Public Works.
91. The applicant shall obtain approval from the South County Sanitation District for the
development's impact to District facilities prior to final recordation of the map.
PllBIIC lJTlIlTIFS
92. Install all new public utilities as under ground facilities in accordance with Section
16.68.050 of the Development Code.
93. Underground improvements shall be installed prior to street paving.
94. 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. All
utility companies shall sign the improvement plans prior to final submittal.
95. Submit the Final Map to the public utility companies for review and comment. Utility
comments shall be forwarded to the Director of Public Works for approval.
96. Prior to approving any building permit within the project for occupancy, all public utilities
shall be operational.
STREETS
97. 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
RESOLUTION NO. 3921
PAGE 16
method of repair of any such trenches, but shall not be limited to an overlay, slurry seal,
or fog seal.
98. All street repairs shall be constructed to City standards.
99. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and
filled with epoxy.
100. 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 AS.
ClJR8 GlJTTFR ANO SIOFWAI K
101. Repair or replace any cracked or broken curb, gutter and sidewalk along the project
frontage with James Way.
102. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
103. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent
damage due to root growth.
GRAOING
104. Perform all grading in conformance with the City Grading Ordinance.
105. 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.
106. Submit all retaining wall calculations for review and approval by the Director of Public
Works for walls not constructed per City Standards. All retaining walls subject to
vehicular loading shall be designed for H20-44 loading.
ORAINAGE
107. All drainage facilities shall be designed to accommodate a 100-year storm flow.
108. All drainage facilities shall be in accordance with the Drainage Master Plan.
109. The project is in Drainage Zone "C" and allows for drainage to the creek.
110. The applicant shall install an in-line filtration system to remove hydrocarbons,
sedimentation and pollutants from stormwater prior to discharging to Meadow Creek.
111. The grading and drainage plans shall be reviewed by the Coastal San Luis Obispo
Resource Conversation District. The applicant shall reimburse the City for this review.
RESOLUTION NO. 3921
PAGE 17
DEOICATIONS AND FASFMFNTS
112. 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.
113. Abandonment of public streets and public easements shall be listed on the final map, in
accordance with Section 66499.20 of the Subdivision Map Act.
114. 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.
115. Easements shall be dedicated to the public on the map, or other separate document
approved by the City, for the following:
a. Sewer easements as described in these conditions of approval. The
easements shall be a minimum of fifteen feet (15') wide.
b. Water easements as described in these conditions of approval. The
easements shall be a minimum of fifteen feet (15') wide.
116. 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.
117. A blanket Public Utility Easement (PUE) shall be dedicated over the drive isles and
parking areas.
PFRMITS
118. Obtain an encroachment permit prior to performing any of the following:
(1) Performing work in the City right of way,
(2) Staging work in the City right of way,
(3) Stockpiling material in the City right of way,
(4) Storing equipment in the City right of way.
119. Obtain a grading permit prior to commencement of any grading operations on site.
AGREE=MFNTS
120. 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.
RESOLUTION NO. 3921
PAGE 18
121. Subdivision Improvement, Agreement: The applicant shall enter into an agreement
for the completion and guarantee of improvements required. The agreement shall be on
a form acceptable to the City.
122. Covenants, Conditions, and Restrictions: The subdivider shall prepare project
CC&Rs for maintenance and repair of all privately owned improvements. The CC&Rs
shall be subject to the review and approval of the City Attorney and the Director of
Public Works.
IMPROVFMFNT SFCIJRITIFS
123. All improvement securities shall be of a form as set forth in Development Code Section
16.68.090, Improvement Securities.
124. Submit an engineer's estimate of quantities for public improvements for review by the
Director of Public Works.
125. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
(1) Faithful Performance: 100% of the approved estimated cost of all subdivision
improvements.
(2) Labor and Materials: 50% of the approved estimated cost of all subdivision
improvements.
(3) One Year Guarantee: 10% of the approved estimated cost of all subdivision
improvements. This bond is required prior to acceptance of the subdivision
improvements.
(4) Monumentation: 100% of the approved estimated cost of placement of all
subdivision monuments.
OTHFR DOCIIMFNTATION
126. Preliminary Title Report: A current preliminary title report shall be submitted to the
Director of Public Works prior to checking the map.
127. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the
Director of Public Works prior to checking the final submittal of the map.
128. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office
indicating that there are no unpaid taxes or special assessments against the property.
The applicant may be required to bond for any unpaid taxes or liens against the
property. This shall be submitted prior to placing the map on the City Council agenda
for approval.
RESOLUTION NO. 3921
PAGE 19
PRIOR TO ISSlJlNG A BUll DING PERMIT
129. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
PRIOR TO ISStJlNG A CFRTIFICATF OF OCCIJPANCY
130. All utilities shall be operational.
131. 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.
132. Prior to the final 10% of occupancies for the project are issued, all improvements shall
be fully constructed and accepted by the City.
MITIGATION MFASlJRFS
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shalL be
monitored by the appropriate City department or responsible agency. The applicant shall be
responsible for verification in writing by the monitoring department or agency that the
mitigation measures have been implemented.
Mitigation Measures:
MITIGATION MFAStJRES'
MM 1.1: The applicant shall submit a lighting plan verifying that all exterior lighting
for the development is directed downward and does not create spill or glare to
adjacent properties and riparian habitat.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD; Police Dept.
Prior to issuance of Building Permit
MM 1.2: The applicant shall develop design alternatives for the condominium
stairway housing for Architectural Review Committee (ARC) review and approval.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD
Prior to issuance of Building Permit
MM 1.3: The applicant shall submit final exterior colors and materials of the town
homes and condominiums for ARC approval.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - COD
Prior to issuance of Building Permit
RESOLUTION NO. 3921
PAGE 20
MM 3.1: All dust control measures listed below (MM 3.2 - 3.6) shall be followed
during construction of the project and shall be shown on grading and building plans.
The contractor or builder shall designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust off
site. The name and telephone number of such person(s) shall be provided to the APCD
prior to land use clearance for map recordation and finished grading of the area.
MM 3.2: During construction, water trucks or sprinkler systems shall be used to
keep all areas of vehicle movement damp enough to prevent airborne 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.
Reclaimed (non-potable) water shall be used whenever possible.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
MM 3.4: 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.
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads on to
streets, or wash off trucks and equipment leaving the site. Vehicle speed for all
construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 3.6: 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.
MM 3.7: To mitigate the diesel PM generated during the construction phase, all
construction equipment shall be properly maintained and tuned according to
manufacturer's specifications.
The measures below (MM 3.8 - 3.10) shall be clearly identified in the project bid
specifications so the contractors bidding on the project can include the purchase and
installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction equipment
shall meet the ARB's 1996 certification standard for off-road heavy-duty diesel engines.
RESOLUTION NO. 3921
PAGE 21
MM 3.10: Prior to any grading activities at the site, the project proponent shall
ensure that a geologic evaluation is conducted to determine if Naturally Occurring
Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present,
an exemption request must be filed with the APCD. If NOA is found at the site. the
applicant must comply with all requirements outlined in the Asbestos Air Toxins Control
Measure (A TCM) regulated under by the California Air Resources Board (ARB).
Responsible Party:
Monitoring Agency:
Timing:
Opemtional Phase Emissions
Developer
City of Arroyo Grande - Public Works Dept., Building
and Fire Department
Prior to issuance of Grading Permit and during
construction
MM 3.11: To encourage walking within the development and provide a safer
pedestrian environment, the applicant shall use textured and/or colored concrete at
pedestrian crossings.
MM 3.12: Provide continuous sidewalks separated from the roadway by landscaping
with adequate lighting.
MM 3.13: Provide shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works Dept.,
and Building & Fire Dept.
Prior to issuance of Building Permit
MM 4.1: The applicant shall revegetate the 0.18-acre mitigation area as outlined in
the "Wetland Mitigation Plan" prepared by the Morrow Group, Inc., dated May 21, 2002.
Any plants that do not survive shall be replaced in kind and monitored until established.
Temporary irrigation shall be provided for all planting areas for three (3) years or until
plants are established. An independent consultant specializing in biological resources
shall be hired by the City and paid for by the applicant to monitor the mitigation for a
minimum of five (5) years.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD; ACOE
Installation of plant material shall occur before
issuance of a Certificate of Occupancy. Monitoring of
plants shall occur for at least 5 years.
RESOLUTION NO. 3921
PAGE 22
MM 4.2: All non-native plant species shall be eliminated from the 25' wide creek
setback area.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD
Prior to a Certificate of Occupancy
MM 4.3: The developer shall record an irrevocable offer of dedication open space
agreement and twenty-five foot (25') creek easement on the property measured from
top of bank. No structures shall occur within 25' creek setback area.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works Dept.
Prior to Grading Permit
MM 4.4: Siltation/sedimentation control measures shall be implemented along the
entire eastern property boundary prior to site construction. Such control measures shall
include sediment fences and/or hay bales placed into the crux of the bank of Meadow
Creek. Erosion/sediment control barricades shall be placed around the perimeter of
each construction zone with the potential to drain to Meadow Creek.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to Grading Permit
MM 4.5: Soil shall not be stockpiled in areas located near the eastern property
margin adjacent to Meadow Creek, or in areas that have potential to drain to Meadow
Creek. Stockpiled soil should be properly covered at all times to avoid wind and water
erosion, and consequent siltation to Meadow Creek.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
During grading activities
MM4.6:
No heavy equipment shall be allowed within the Meadow Creek corridor.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
During grading
MM 5.1: The note below shall be placed on the grading and improvement plans for
the project:
"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
RESOLUTION NO. 3921
PAGE 23
encountered, the County Coroner (781-4513) shall be contacted immediately. The
applicant may be required to provide archaeological studies and/or mitigation
measures."
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of grading permit and during grading
activities
MM 6.1: To address specific conditions concerning grading, utility trenches,
foundations, retaining walls and drainage, the contractor or builder shall adhere to the
mitigation measures identified in the Geotechnical Engineering report by Earth
Systems Pacific dated January 29, 2001. An updated soils report shall be submitted
with deeper borings. A slope stability analysis shall also be prepared.
MM 6.2: Construction operations, especially grading operations, shall be confined
as much as possible to the dry season, in order to avoid erosion of disturbed soils.
MM 6.3: Permanent soil control measures identified in the landscape plan shall be
implemented as soon as possible following completion of soil disturbing activities.
MM 6.4: Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading should be sown with fast-germinating native grass
seed and watered until vegetation is established.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of grading permit and during
construction
MM 8.1: Construction activities shall be restricted to the hours of 8 a.m. and 6 p.m.
Monday through Friday. No construction shall occur on Saturday or Sunday.
Equipment maintenance and servicing shall be confined to the same hours. To the
greatest extent possible, grading and construction activities should occur during the
middle of the day to minimize the potential for disturbance of neighboring noise sensitive
uses.
MM 8.2: All construction equipment utilizing internal combustion engines shall be
required to have mufflers that are in good condition. Stationary noise sources shall be
located at least 300 feet from occupied dwelling units unless noise reducing engine
housing enclosures or noise screens are provided by the contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas
shall be placed in a central location as far from existing residences as feasible.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, Public Works Dept.
During construction
RESOLUTION NO. 3921
PAGE 24
MM 9.1: Fifteen percent (15%) of new units constructed shall be sold to qualified
families earning a moderate-income (based on the City's affordable housing
standards). The developer shall pay an affordable housing in-lieu fee for any fraction
of a unit. An affordable housing agreement between the City and developer shall be
recorded that stipulates the details of the terms and conditions for producing and
selling affordable ownership housing within the project. Said agreement shall be
reviewed and approved by the Community Development Director and City Attorney,
and shall be recorded prior to recordation of the final tract map.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - CDD, City Attorney
Prior to recordation of the Final Tract Map
MM 10.1: The applicant shall pay the mandated Lucia Mar Unified School District
impact fee.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.; Lucia
Mar Unified School District
Prior to issuance of Building Permit
MM 11.1: The developer shall pay all applicable City park development and impact
fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.; PR&F
Prior to issuance of Building Permit
MM 11.2: The applicant shall submit a path/trail improvement plan.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - PR&F
Prior to issuance of Building Permit
MM 12.1: The developer shall pay the City's Traffic Signalization and Transportation
Facilities Impact fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.; Public
Works Dept.
Prior to issuance of Building Permit
MM 13.1: The applicant shall pay the project's proportionate share of South San Luis
Obispo County Sanitation District (SSLOCSD) sewer upgrade impact fees.
Responsible Party:
Developer
RESOLUTION NO. 3921
PAGE 25
Monitoring Agency:
Timeframe:
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
MM 13.2: The developer shall pay the City's sewer hookup fees and fair share of
sewer upgrade impact fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Building & Fire Dept.; Public
Works Dept.
Prior to issuance of Building Permit
MM 14.1: The applicant shall submit a Storm Water Pollution Prevention Plan
(SWPPP) and Erosion Control Plan that specifies the implementation of Best
Management Practices to avoid and minimize water quality impacts as required by the
Regional Water Quality Control Board (RWQCB). At a minimum, the SWPP and
Erosion Control Plan shall include:
. Designation of equipment and supply staging and storage areas at least
150 feet from the outside edge of the Meadow Creek 25-foot setback
area. All vehicle parking, routine equipment maintenance, fueling, minor
repair, etc., and soil and material stockpile, shall be done only in the
designated staging area.
. Major vehicle/equipment maintenance, repair, and equipment washing
shall be performed off site.
. A wet and dry spill clean up plan that specifies reporting requirements
and immediate clean up to ensure no residual soil, surface water or
groundwater contamination would remain after clean up.
. Designating concrete mixer washout areas at least 150 feet from outside
edge of the Meadow Creek 25-foot setback with the use of appropriate
containment or reuse practices.
. A temporary and excess fill stockpile and disposal plan that ensures that
no detrimental affects to receiving waters would result.
. Requiring all grading and application of concrete, asphalt, etc. to occur
during the dry season from April 15 to October 15.
. Required site preparation and erosion control BMPs for any work that
may need to be completed after October 15.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Public Works Dept.;
RWQCB
Prior to issuance of Grading Permit
MM 14.2: An independent consultant specializing in biological resources shall be
hired by the City and paid for by the applicant to monitor the restoration of the riparian
corridor for a minimum of seven (7) years.
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - Public Works Dept.
RESOLUTION NO. 3921
PAGE 26
Timeframe:
Prior to issuance of Grading Permit
MM 14.3: To reduce erosion hazards due to construction activities, grading shall
be minimized, and project applicants shall use runoff and sediment control structures,
and/or establish a permanent plant cover on side slopes following construction.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit
MM 14.4: Work shall be completed during the dry season (April 15 to October 15)
to reduce active construction erosion to the extent feasible. If construction extends
into the wet weather season, a qualified hydrogeologist or civil engineer shall prepare
a drainage and erosion control plan that addresses construction measures to prevent
sedimentation and erosion of Meadow Creek.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Grading Permit and during
construction
MM 14.5: Erosion control and bank stabilization measures shall be implemented to
ensure that the creek bank does not erode. In addition, alternative bank protection
methods, such as restoration of native vegetation, root wads, or other bioengineering
methods of stabilization, shall be used. In order to reduce long-term effects of soil
compaction and changes in topography, construction vehicles and personnel shall not
enter the low flow channel and wet areas. Construction mats and other devices shall
be used to reduce impacts associated with soil compaction.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
During construction
MM 14.6: All temporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours and
topography.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of a Certificate of Occupancy
MM 14.7: No construction debris or materials shall be allowed to enter the creek
bed, either directly or indirectly. Stockpiles should be kept at least 50' from the
topological top of bank to prevent material from entering the creek bed.
Responsible Party:
Monitoring Agency:
Developer
City of Arroyo Grande - Public Works Dept.
RESOLUTION NO. 3921
PAGE 27
Timeframe:
During construction
MM 14.8: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City Water
Conservation Plans.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Public Works Dept.
Prior to issuance of Building Permit
MM 14.9: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Building Dept.
Prior to issuance of a Certificate of Occupancy
MM 14.10: The final landscape plan shall show low-water use/drought resistant
species and drip irrigation systems rather than spray irrigation systems.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande - Parks, Recreation and
Facilities Dept.
Prior to issuance of Building Permit
MM 14.11: The project plans shall include methods for collecting surface run-off
from the site for use on landscaped areas (minimum of 25% of landscaped areas) to
reduce water use and minimize run-off to the extent feasible.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
MM 14.12: Inline filters shall be installed for stormwater prior to creek outfalls.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Building Permit
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that Resolution
No. 3921 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 9th day of May
2006.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of
May 2006.
KELLY