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R 3972 RESOLUTION NO. 3972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING VESTING TENTATIVE TRACT MAP 04-002 AND PLANNED UNIT DEVELOPMENT 04-002, FOR PROPERTY LOCATED BETWEEN EAST CHERRY AVENUE AND MYRTLE STREET, APPLIED FOR BY CREEKSIDE ESTATES OF ARROYO GRANDE, LLC WHEREAS, the City of Arroyo Grande Zoning Map indicates that the subject nine (9) acre property is located in the Residential Rural (RR) zoning district; and WHEREAS, the City introduced an Ordinance implementing Development Code Amendment No. 06-003 on November 14, 2006 to change the zoning to Single Family Residential (SF) consistent with the City's General Plan; and WHEREAS, the City Council has considered Vesting Tentative Tract Map 04-002 and Planned Unit Development 04-002 to subdivide a nine (9) acre site into thirty (30) residential lots and four (4) open space lots; and WHEREAS, the City Council has held duly-noticed public hearings on these applications in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearing, staff report, and all other information and documents that are part of the public record; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1. Based on the information contained in the staff report and accompanying materials, the proposed Vesting Tentative Tract Map and Planned Unit Development ("the proposed project") is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan. 2. The proposed project will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern because all street, drainage, water, sewer, agricultural buffer, and conservation/open space considerations will be coordinated. 3. The proposed project is consistent with the purpose and intent of the Development Code because the Zoning Map wili be brought into consistency with the General Plan designation for the subject property. 4. The potential environmental impacts of the proposed project are insignificant or can be mitigated to a less than significant level. RESOLUTION NO. 3972 PAGE 2 Tentative Tract Map Findings: 1. The proposed Tentative Tract Map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the Arroyo Grande General Plan and the text and requirements of the Development Code because the tentative map would allow the project area to be developed at a density and with uses that are consistent with the City's General Plan Land Use Element and Single-Family (SF) zoning designation. 2. The site, as shown on the tentative tract map, is physically suitable for the type of development and density proposed because all necessary easements, access, 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, with implementation of mitigation measures contained in the Mitigated Negative Declaration. 4. The design of the subdivision or proposed improvements is not likely to cause public health problems because adequate sewer, water, and drainage facilities are provided. 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. The property, has access to public roads. 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. The tentative tract map is located adjacent to all necessary public facilities and will not negatively affect the adequacy of those facilities. Planned Unit Development Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. The proposed development of thirty (30) units is allowed in the SF-MD land use category. 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, agricultural buffer and other features required by the Development Code. The proposed development provides an adequate amount of open space based on the RESOLUTION NO. 3972 PAGE 3 proposed density. The development has been designed so that each unit has an average of approximately 4,000 square feet of private open space and over two (2) acres will be dedicated as common open space. 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. The proposed development is adjacent or in close proximity to all necessary public services. The proposed development will not cause a reduction in these services or other properties in the vicinity so as to be a detriment to public health, safety or 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 use in the surrounding area. The proposed one hundred and thirty foot (130') wide agricultural buffer with sixty- to eighty-foot (60'-80') wide landscape strip, fencing along the agricultural property, and eight-foot (8') tall masonry wall adjacent to the new residential development will adequately separate conflicting Agricultural and residential uses. 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. The proposed development provides a more efficient use of the land than could be achieved through the strict application of the SF zoning district by allowing the property to be subdivided in a manner consistent with and reflective of allowed density, while providing an adequate amount of open space and all necessary parking. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves Vesting Tentative Map 04-002 and Planned Unit Development 04-002, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. 3972 PAGE 4 BE IT FURTHER RESOLVED that this Resolution shall take effect upon the effective date of Ordinance No. 583, revising the City of Arroyo Grande Zoning Map to change the zoning of the subject property from Residential Rural (RR) to Single Family Residential (SF). On motion of Council Member Guthrie, seconded by Council Member Dickens, and by the following roll call vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Council Members Guthrie, Costello, and Mayor Ferrara None Council Member Arnold Council Member Dickens (recused due to conflict of interest) the foregoing Resolution was adopied this 28th day of November 2006. RESOLUTION NO. .347 J.. PAGE 5 /:;~. ,MAYOR TONY M. F ATTEST: E, DIRECTOR OF ADMINISTRATIVE SERVICESI CITY CLERK APPROVED AS TO CONTENT: ~.:'-.'7'<' , .- __--,/~:.~.r:~, ,.: STEVEN D. ADAMS, CITY MANAGER APPROVED AS TO FORM: ~~ LL~ATTORNEY RESOLUTION NO. PAGE 6 EXHIBIT A CONDITIONS OF APPROVAL for: VESTING TENTATIVE TRACT MAP 04-002 and PLANNED UNIT DEVELOPMENT 04-002 For property located between East Cherry Avenue and Myrtle Street Creekside Estates of Arroyo Grande, LLC COMMIINITY DEVELOPMENT DEPARTMENT GFNFRAI CONDITIONS This approval authorizes a thirty (30) lot residential subdivision in a Planned Unit Development configuration with four (4) open space parcels on the nine (9) acre Subarea 1 property. 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 04-002 and Planned Unit Development 04-002. 3. The tentative map and PUD approval shall automatically expire two years after the certification of the EIR for the Newsom Springs Drainage Project 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 November 14, 2006 and marked Exhibits "B1 - B 10" except as modified by these conditions of approval. 5. The applicant shall, as a condition of approval of this tentative map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. SPECIAl CONnlTIONS 6. The project shall comply with the provIsions of the Agricultural Preservation Overlay District (AG-2.2). No new residential structures shall be allowed within the Agricultural Buffer area unless approved through the Conditional Use Permit process. RESOLUTION NO. 3972 PAGE 7 7. Prior to issuing a grading or building permit, the Environmental Impact Report (EIR) for the Newsom Springs Comprehensive Drainage Master Plan must be certified and the final project Drainage Plan shall require approval by the Director of Public Works to ensure consistency with the findings of the EIR. 8. The wall located within the agricultural buffer adjacent to the residential property shall not be located over the bioswale. 9. Consistent with the City's Housing Element policies, the project shall restrict ten percent (10%) of the new units, or 2.7 units, 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. Prior to issuance of a grading or building permit the applicant shall enter into an agreement, in a form approved by the City Attorney, whereby the applicant agrees on behalf of itself and its successors in interest to maintain the affordability of the units for thirty (30) years or longer, as well as other terms and conditions determined to be necessary to implement this condition (see also MM 9.1). 10. Prior to issuing a certificate of occupancy for the thirteenth (13th) home constructed, building permits must be issued for the two (2) affordable housing units and construction started. 11. Design of all units shall be consistent with the Cherry Creek Design Guidelines. 12. The meandering pedestrian path through the Agricultural buffer shall be made of concrete and not decomposed granite. . 13. Landscaped parkways shall be included adjacent to sidewalks fronting lots 2-14 and 18-29. 14. The CC&Rs shall require uniformity in all backyard fencing and shall restrict any construction or obstructions in the City's drainage easement throughout the swale. 15. The internal road name shall be changed from "Surefire Drive" to "Stilwell Drive". 16. The Design Guidelines shall go back to the Architectural Review Committee for final review prior to issuance of a grading or building permit. 17. The extension of East Cherry Avenue shall include the alignment incorporating "Dirt Cherry" as indicated on the tentative map. 18. The following list of permitk are required from various responsible agencies: a. Biological Opinion and Take Permit; US Fish and Wildlife Service; prior to issuance of Grading Permit RESOLUTION NO. 3972 PAGE 8 b. Storm Water Pollution Prevention Plan (SWPPP); Regional Water Quality Control Board; prior to issuance of Grading Permit c. Section 404 permit (potential - refer to Due Diligence Report of the East Village Neighborhood Plan Appendix); Army Corps of Engineers; prior to issuance of Grading Permit d. Streambed Alteration Agreement (potential- refer to Due Diligence Report of the East Village Neighborhood Plan Appendix); California Department of Fish and Game; prior to issuance of Grading Permit. NOISF 19. Similar to MM 8.1, construction activities shall be restricted to the hours of 8:00 AM to 5:00 PM Monday through Friday. There shall be no construction activities on Sundays. Interior finish work is allowed on Saturdays that does not include hammering, the use of power tools or any other noise generating activities. On- site equipment maintenance and servicing shall be confined to the same hours. f1FVFI OPMFNT CODF 20. Development shall conform to the Single-Family Residential (SF) zoning requirements except as otherwise approved. 21. Minimum separation between buildings on adjacent lots shall not be less than ten feet, except for attached units. 22. The fence/wall combination along the East Cherry Avenue frontage adjacent to the residential subdivision shall not exceed eight feet (8') in height. All other fences and/or walls within the subdivision shall not exceed six feet (6') in height unless otherwise approved with a Minor Exception or Variance application. 23. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 24. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." 25. The following shall be included in the CC&Rs regarding open space: a. The dedicated open space parcels 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. . RESOLUTION NO. 3972 PAGE 9 26. 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 homebuyer 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 27. 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 28. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs) 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. 29. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Parks and Recreation Departments. The landscaping plan shall include the following for all public street frontages and common landscaped areas: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: (1) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (2) Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and RESOLUTION NO. 3972 PAGE 10 (3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material. (4) An automated irrigation system. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 30. All fencing shall be installed. 31. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs) that are administered by a subdivision homeowners' association and formed by the applicant for common areas within Subarea 1. The CC&Rs shall be reviewed and approved by the City Attorney and recorded with the final map. ARCHITECTURAl RFVIFW COMMITTEE (ARC) 32. The ARC shall review the architectural plans for each unit to determine compliance with the Design Guidelines approved for the project. 33. The ARC shall review the final landscape plan. PARKS ANn RFCRFATION DEPARTMENT CONnlTIONS 34. The applicant shall comply with the provisions of Ordinance 521 C.S, the Community Tree Ordinance. 35. Linear root barriers shall be u~ed at the front of the project to protect sidewalks. 36. All street front trees shall be 24-inch box and shall be located a minimum of one (1) tree for every forty feet (40') of street frontage. 37. The CC&Rs shall address trash service in areas with receptacles, period cleaning and maintenance of any grills, tables, benches, etc. All trees and other landscaping along East Cherry Avenue within the project area shall be maintained by the HOA on both sides of the street. BUILDING ANn FIRF OFPARTMENT CONnlTlONS I JRr./1 JFC 38. 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. 39. The project shall comply with State and Federal disabled access requirements at public areas. RESOLUTION NO. 3972 PAGE 11 SFTRACKS 40. The applicant shall show all setback areas for each lot on the tentative tract map prior to map recordation. Also, the applicant shall show all setback areas for each lot on an additional page for the final tract map prior to map recordation. 41. There shall be a minimum three-foot (3') setback for the garage on the Peters Trust property. FIRF lANES 42. Prior to issuance of a certificate of occupancy, all fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 43. On-street parking shall be required to leave a twenty-foot (20') clearance. FIRF FlOW/FIRE HYDRANTS 44. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration of 2 hours. 45. Fire hydrants shall be relocated per City standards. 46. Prior to bringing combustibles on site, fire hydrants shall be installed 300 feet apart, per Fire Department and Public Works Department standards. Locations shall be approved by the Fire Chief. FIRF SPRINKI FR 47. With the exception of the historical Vandeveer home, prior to occupancy, all existing and new buildings must be fully sprinklered per Building and Fire Department guidelines. ARANOONMENT/NON-CONFORMING 48. 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 49. Prior to issuance of a building permit, County Health Department approval is required for well abandonment if applicable. 50. Project must comply with Federal and local flood management policies. RESOLUTION NO. 3972 PAGE 12 51. Prior to issuance of building permit, a demolition permit must be applied for, approved and issued for buildings to be removed. Development fees resulting from demolition will be appropriately credited to the property. 52. Any review costs generated by outside consultants shall be paid by the applicant. PIJRLlC WORKS nFPARTMENT CONnlTIONS 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. FFFS 53. 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). . 54. Fees to be paid prior to plan approval: a. Map check fee. b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other 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. RESOLUTION NO. 3972 PAGE 13 (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (8) 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. (e) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. GFNFRAI CONDITIONS 55. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 56. Perform construction activities during normal business hours (Monday through Friday, 8 A.M. to5 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. 57. Install deep tree root barriers for all trees planted adjacent to water, sewer and storm drainage lines. IMPROVFMFNT PI ANS 58. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 59. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. RESOLUTION NO. 3972 PAGE 14 60. 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. 61. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Any other improvements as required by the Director of Public Works. g. Profile water, sewer, storm drain and retaining walls. 62. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 63. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 64. 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. 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. WATFR 65. 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. 66. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 67. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. RESOLUTION NO. 3972 PAGE 15 68. 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. 69. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 70. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing 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. b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. .' 71. The applicant shall replace the existing 6" water main with an 8" water main from the project site underneath Myrtle to the 10" main underneath Garden Street. The applicant may enter into a reimbursement agreement for this work with Subarea 2 residents. 72. The applicant shall install an 8" water main and blow off from Myrtle Street to the eastern property line. The location and surface material shall be reviewed and approved by the Director of Public Works. SFWFR 73. Each parcel shall be provided a separate sewer lateral. 74. All new sewer mains must be a minimum diameter of 8". 75. All sewer laterals within the public right of way must have a min. slope of 2%. 76. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 77. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 78. The applicant shall connect all existing residences within the project to the sanitary sewer system when tested and approved. RESOLUTION NO. 3972 PAGE 16 79. The applicant shall sewer the project in the following manner: a. Extend a parallel sewer main underneath East Cherry Avenue from the intersection of Pacific Coast Railway and East Cherry Avenue. b. Extend the main across the property frontage. c. The main shall tie into the South San Luis Obispo County Sanitation District Trunk Main at the intersection of East Cherry Avenue and Pacific Coast Railway. This main is approximately 12' deep at this location. d. Size the main to handle all possible future development in the area. e. The main shall remain sufficiently deep to ensure adequate slope and depth for future extension. f. The applicant may enter into a reimbursement agreement for this work with Subarea 2 residents. 80. Install all necessary sewer mains on site. 81. Project shall be subject to the review of the South San Luis Obispo County Sanitation District. 82. The applicant shall pave over all sewer main easements passing through private property. 83. All sewer mains shall be straight between manholes. PLJRIIC UTILITIFS 84. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 85. Underground all existing overhead public utilities on-site and in the street to the next existing pole outside of the tract boundaries. 86. Underground improvements shall be installed prior to street paving. 87. 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. 88. 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. 89. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. RESOLUTION NO. 3972 PAGE 17 STRFETS 90. Consistent with MM 12.2, the developer shall design and install a controlled 3- way stop at the intersection of East Cherry Avenue and Branch Mill Road as approved by the Director of Public Works. 91. Obtain approval from the Director of Public Works prior to excavating in any street recently over-laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 92. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 93. All street repairs shall be constructed to City standards. 94. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 95. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public Works. 96. Handicapped ramps shall be installed where the sidewalk terminates on the northeast corner of the project. 97. The extension of Myrtle Street past the internal road shall adhere to the following design standards: . 24 feet street width from curb to curb. . 6 feet wide concrete sidewalk with concrete curb and gutter on the south side of the street and concrete curb and gutter on the north side of the street. . 32 feet wide right-of-way. . 25 mile per hour design speed. . Traffic Index of 6.5. 98. Interior streets shall adhere to the following design standards: . 36 feet street width from curb to curb. . 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. . 52 feet wide right-of-way. . 25 mile per hour design speed. . Traffic Index of 6.5. 99. The extension of East Cherry Avenue shall be designated as a local street and shall adhere to the following design standards: RESOLUTION NO. 3972 PAGE 18 . 32 feet street width from curb to curb. . Concrete curb and gutter on both sides of the street. . 52 feet wide right-of-way. . 25 mile per hour design speed. . Red curb the southern curb adjacent to the Dixson Ranch. . Traffic Index of 7.0. 100. The secondary access road to subarea 2 shall be paved and 20 feet wide. ClJRA GlJTTFR AND SIDEWAI K 101. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 102. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 103. The applicant shall install a meandering sidewalk along the north side of the proposed East Cherry Extension. 104. The applicant shall install sidewalk on both sides of the Myrtle Street Extension west of Stilwell Drive and then on the south side until the turn in front of the Vanderveer home. 105. The applicant shall install a survey benchmark along East Cherry. 106. The applicant shall install all driveway approaches as such to maximize parking. GRADING 107. Perform all grading in conformance with the City Grading Ordinance. 108. 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. 109. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. 110. Prior to issuance of a grading permit, the applicant shall destroy all wells, septic tanks, cesspools, etc. to County Health Department standards. The applicant shall be responsible for providing all appropriate documentation from the County Health Department to the Public Works Department prior to acceptance of the improvements. RESOLUTION NO. 3972 PAGE 19 DRAINAGE 111. The proposed drainage facilities shall be designed to be compatible with the Newsom Springs Regional Drainage project. System flowline elevations shall allow for the extension of storm drains upstream with a capacity to convey the 100-year runoff and adequate cover. 112. The drainage system design shall include the connection of future Newsom . Springs storm drains. The design of the future connections shall direct the 100- year flow into the system and provide a minimum of one foot of freeboard below road overflow elevations without the use of a berm or wall to hold back flood flows. 113. The main flow channel shall be designed to have a minimum of twelve inches (12") of freeboard above the 100-year water surface elevation. The channel shall be provided with a permanent erosion geotextile control rated to meet the anticipated velocities. 114. The applicant shall install box culverts across East Cherry Avenue and Myrtle Street, and an open channel connecting to Arroyo Grande Creek, as shown on the tentative map and as required by these conditions, sized to collect and convey the 1 OO-year peak flow. 115. The applicant shall extend a 72" storm drain line along Branch Mill Road to the existing stone culvert at Huebner Lane and construct other regional drainage infrastructure. The applicant shall enter into a reimbursement agreement with the City for this work. The City shall reimburse the applicant $280,000 for this work. 116. All drainage facilities shall be designed to accommodate a 100-year storm flow. 117. All drainage facilities shall be in accordance with the Drainage Master Plan. 118. The project is in Drainage Zone "B" and will require storm water runoff to be directed to the creek. 119. The applicant shall perform a detailed drainage analysis prepared by a registered Civil Engineer in the State of California. 120. The applicant shall coordinate with all appropriate regulatory agencies for the outlet of the storm drain line to the creek. 121. The applicant shall remove, not abandon, the two 24" pipes underneath Myrtle. 122. The applicant shall install in-line filtration to remove hydrocarbons, sedimentation and pollutants from on-site stormwater that does not flow through the bioswale, prior to discharging to the creek. . RESOLUTION NO. 3972 PAGE 20 123. 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. DFDICATIONS AND FASFMFNTS 124. 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. 125. 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. 126. Street tree planting and maintenance easements shall be dedicated adjacent to all street right 6f ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. ' 127. The applicant shall dedicate the appropriate right of way for the following streets as shown on the tentative map: . The extension of Myrtle Street. . The extension of East Cherry. . The construction of Stillwell Drive. 128.. 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. 129. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: . Drainage easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. . Sewer easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. . Water easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. . A 25' wide creek easement from the top of the bank. PFRMITS 130. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way: b. Staging work in the City right of way. c. Stockpiling material in the City right of way. RESOLUTION NO. 3972 PAGE 21 d. Storing equipment in the City right of way. 131. Obtain a grading permit prior to commencement of any grading operations on site. AGRFFMFNTS 132. 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. 133. Subdivision Improvement Agreement: The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 134. Covenants, Conditions, and Restrictions for maintenance of all privately maintained items. These shall be subject to the review and approval of the Director of Public Works and the City Attorney. 135. An Open Space Agreement for review and approval by the Director of Public Works and City Attorney. IMPROVFMFNT SFClJRITIFS 136. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The Improvement securities shall be such that they shall not expire until the City accepts the improvements. 137. Submit an engineer's .estimate of quantities for public improvements for review by the Director of Public Works. 138. Provide bonds or other financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements. b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements. c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subd ivision .improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This bond may be waived if the developer's surveyor submits to ihe Director of Public Works a letter assuring that all monumentation has been set. RESOLUTION NO. 3972 PAGE 22 OTHFR DOClJMFNTATION 139. 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. 140. , Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 141. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. PRIOR TO ISSlJlNG A RlJlI OING PFRMIT 142. The Final Map shall be recorded with all pertinent conditions of approval satisfied. PRIOR TO ISSlJlNG A CFRTIFICATF OF OCClJPANCY 143. All utilities shall be operational. . , 144. 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. 145. The City shall have accepted all public improvements prior to issuing occupancy for the final 10% of the lots. RESOLUTION NO. 3972 PAGE 23 MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. MM 1.1: The applicant shall submit a lighting plan for development of Phase 1 verifying that all exterior lighting for the development is directed downward and does not create spill or glare on to adjacent properties and riparian habitat. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - CDD; Police Dept. Prior to issuance of Building Permit MM 1.2: The applicant shall submit final design, exterior colors and materials for the homes in Phase 1 for ARC review and approval. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - CDD Prior to issuance of Building Permit MM 2.1: The City has adopted a Right-To-Farm Ordinance with provisions for farmland preservation and protection, and serves to notify residents of farmers' rights and clarify agricultural activities. As an added measure, all new property owners within the Neighborhood Plan area must sign a Real Estate Transfer Disclosure indicating that they acknowledge and agree to the provisions contained in the City's Right-To-Farm Ordinance. The disclosure shall have a bolded statement cautioning the purchaser that they are living close to farmland. Responsible Party: Monitoring Agency: Timing: Developer; .Real Estate Agent City of Arroyo Grande - CDD Prior to close of escrow MM 2.2: The final landscape plan for the agricultural buffer shall be prepared by a landscape professional having experience with designing agricultural buffers. The plant selection shall provide effective and appropriate screening with fast growing evergreen trees and shrubs. The vegetative screening shall be installed prior to issuance of building permit to allow time for the plants to become established. The CC&Rs shall contain assurances that the screening is sufficiently maintained. At a minimum, the CC&Rs shall include provisions for a five-year monitoring plan for the agricultural buffer landscaping. RESOLUTION NO. 3972 PAGE 24 Responsible Party: Monitoring Agency: Developer City of Arroyo Grande - COD, PR&F (Parks, Recreation and Facilities Dept.) Prior to issuance of building permit. Timing: MM 2.3: To mitigate for the loss of approximately one (1) acre of prime soil on the Subarea 1 property, the developer shall pay an in-lieu fee in the amount of $56,000. Responsible Party: Monitoring Agency: Timing: Developer City of Arroyo Grande - COD Prior to issuance of building permit. .construction Phase Fmissions The project shall comply with all applicable Air Pollution Control District (APeD) regulations pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. All site grading and demolition plans shall list the following regulations: 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 APCO 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. 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 cve 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. RESOLUTION NO. 3972 PAGE 25 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. MM 3.10: If utility pipelines are scheduled for removal or relocation, or building(s) are removed or renovated, this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include, but are not limited to: 1) notification requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos Inspector, and 3) applicable removal and disposal requirements of identified asbestos containing material. MM 3.11: 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 (ATCM) regulated under by the California Air Resources Board (ARB). Responsible Party: Monitoring Agency: Developer City of Arroyo Grande - Public Works Dept., Building and Fire Department Prior to issuance of Grading Permit and during construction Timing: Opp.rCltionClI PhCl!'ip. Fmission!'i MM 3.12: Provide continuous sidewalks separated from the roadway by landscaping with adequate lighting and crosswalks at intersections. RESOLUTION NO. 3972 PAGE 26 MM 3.13: Provide shade tree planting along southern exposures of buildings to reduce summer cooling needs. MM 3.14: Provide sodium streetlights. MM 3.15: Orient homes to maximize natural heating and cooling. MM 3.16: Provide outdoor electrical outlets on homes to encourage the use of electric appliances and tools. Responsible Party: Monitoring Agency: Developer City of Arroyo Grande - COD, Public Works Dept., and Building & Fire Dept. Prior to issuance of Building Permit Timeframe: MM 4.1: The Final Tract Map shall show an irrevocable offer to dedicate to the City the creek channel, the twenty-five foot (25') creek setback area measured from top of bank, and any environmentally sensitive areas, as determined by a qualified biologist, along the Phase I property boundary. An open space easement shall also be recorded stipulating that no development shall occur within 25' creek setback area. Responsible Party: Monitoring Agency: Developer City of Arroyo Grande - COD, Public Works Dept. Prior to Grading Permit Timeframe: MM 4.2: A Riparian Habitat Restoration and Native Tree Replacement Mitigation and Monitoring Plan (Restoration Plan) shall be prepared by a qualified landscape architect and/or restoration biologist experienced in native habitat restoration for the dedicated open space 25-foot creek setback area measured from top of bank and any environmentally sensitive areas, as determined by a qualified biologist. The Restoration Plan shall include at a minimum a detailed planting plan for the 25-foot setback area and for all disturbed areas from culvert/outfall construction and Myrtle Street extension. The Restoration Plan shall also include at a minimum the number and location of other native trees impacted and location of replacement plantings, .specific plant species palette, a non-native species removal plan, success criteria, a five-year monitoring program, and contingency measures to ensure meeting the success criteria. The Restoration Plan shall also include an erosion control plan and Best Management Practices (BMPs) for all disturbed areas within the 25-foot creek setback and exposed banks. The erosion control seed mix for the riparian setback area shall be composed exclusively of native species. RESOLUTION NO. 3972 PAGE 27 Responsible Party: Monitoring Agency: Timeframe: Developer shall submit the plan to the City City of Arroyo Grande - COD and PR&F; CDFG Restoration Plan shall be submitted and approved prior to issuance of Grading Permit; duration of monitoring shall be no less than five (5) years. MM 4.3: Landscaping within the bioswale shall be limited to native plant species. The CC&Rs shall include a provision for continued maintenance of the bioswale with regard to vegetation, sedimentation, reseeding and water quality monitoring. Responsible Party: Monitoring Agency: Timeframe: Developer shall submit the landscape plan to the City. The CC&Rs shall include a maintenance provision. City of Arroyo Grande - COD and PR&F Final landscape plan shall be approved prior to issuance of Grading Permit. CC&Rs shall be approved prior to issuance of Building Permit. MM 4.4: Any native trees intentionally or unintentionally killed or removed that are greater than or equal to two (2) inches diameter at breast height (DBH) and less than twelve (12) inches DBH shall be replaced at a 3:1 ratio. Trees removed that are greater than or equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio. Replacement trees shall be limited to in-kind replacement of appropriate native tree species as approved by a qualified landscape architect and/or restoration biologist, and the City Parks, Facilities and Recreation Department's arborist. All trees to be removed shall be clearly marked on construction plans and marked in the field with flagging or paint. All trees to be retained shall be clearly identified on construction plans and marked in the field for preservation with highly visible construction fencing at a minimum around the drip line. Native riparian trees impacted shall be replaced within the 25-foot riparian setback area. Native trees impacted outside the riparian zone shall be replaced within the riparian setback area or incorporated into the development landscaping plan. Responsible Party: Monitoring Agency: Timeframe: City of Arroyo Grande - COD, PR&F City of Arroyo Grande - COD, PR&F During construction MM 4.5: A qualified biologist shall perform one pre-construction survey for southwestern pond turtles immediately prior to initiation of site grading and culver/outfall structure construction. If southwestern pond turtles are observed within an area to be disturbed they shall be relocated out of harms way to an appropriate area immediately upstream or downstream of the project area within Arroyo Grande Creek. RESOLUTION NO. 3972 PAGE 28 Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD Prior to issuance of Grading Permit MM 4.6: All tree removal shall be limited to the time period of September 1'1 to March 15\ which is considered to be outside the typical breeding season for birds. If it is not feasible to avoid the bird-nesting season and trees will be removed between March 1st and September 1st, a pre-construction survey for nesting birds shall be performed by a qualified biologist. If active birds nests are located during pre-construction surveys within the project area subject to tree removal or ground disturbance, the nest site shall be avoided until the adults and young are no longer reliant on the nest site for survival as determined by a qualified biologist. If determined necessary by a qualified biologist, a non-disturbance buffer zone shall be established around each nest for the duration of the breeding season until such time as the adults and young are no longer reliant on the nest site for survival as determined by the qualified biologist. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COO Prior to issuance of Grading Permit MM 4.7: The applicant shall provide proof of Clean Water Act regulatc!y compliance in the form of a permit from the Corps or written documentation from the Corps that no permit would be required for diversion of the Newsom Springs drainage at the stone culvert and placement of the culverts and outfall structure on the bank of Arroyo Grande Creek. Should a permit be required, th", applicant shall implement all the terms and conditions of the permit to the satisfaction of the City and the Corps. Corps permits and authorizations require applicants to demonstrate that the proposed project has been designed and will be implemented in a manner that avoids and minimizes impacts on aquatic resources. In addition, the Corps requires compensatory mitigation for unavoidable impacts to achieve the goal of a no net loss of wetland values and functions. As such, regulatory compliance would reduce potential impacts on waters of the U.S. to a less-than-significant level. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD; Corps Prior to issuance of Grading Permit MM 4.8: The applicant shall provide proof of compliance with Section 1600 et.seq. of the California Fish and Game Code (Streambed Alteration Agreements) in the form of a completed Streambed Alteration Agreement or written documentation from the CDFG that no agreement would be required for diversion of the Newsom Springs drainage at the stone culvert and placement of the culverts and outfall structure on the bank of Arroyo Grande Creek. Should an agreement be required, the applicant shall implement all the terms and conditions of the agreement to the RESOLUTION NO. 3972 PAGE 29 satisfaction of the City and the CDFG. The CDFG Streambed Alteration Agreement process encourages applicants to demonstrate that the proposed project has been designed and will be implemented in a manner that avoids and minimizes impacts on riparian habitat and the stream zone. In addition, CDFG requires compensatory mitigation for unavoidable impacts on riparian habitat in the form of habitat restoration of disturbed areas to the extent feasible. As such, regulatory compliance would reduce potential impacts on waters of the state to a less-than-significant level. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD; CDFG Prior to issuance of Grading Permit MM 4.9: The applicant shall provide proof of compliance with the federal Endangered Species Act for potential impacts on the CRLF in the form of a take permit/authorization or written documentation from the U.S. Fish and Wildlife Service (USFWS) that the proposed project would not result in take of the CRLF or would otherwise not adversely affect the species. Should a tqke permit/authorization be required, or conditions imposed by the USFWS to ensure that no take would result from the project, the applicant shall implement all the terms and conditions of the USFWS permit, authorization, or recommendations to the satisfaction of the City and the USFWS. The USFWS can only provide take authorization for projects that demonstrate the species affected would be left in as good as or better condition than before the project was implemented. Additionally, the USFWS cannot authorize any project that would jeopardize the continued existence of a listed species. As such, regulatory compliance would reduce potential impacts on the CRLF to a less-than-significant level. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD; USFWS Prior to issuance of Grading Permit MM 4.10: The applicant shall provide proof of compliance with the federal Endangered Species Act for potential impacts on the steelhead in the form of a take permit/authorization or written documentation from the National Marine Fisheries Service (NMFS) that the proposed project would not result in take of the steelhead or would otherwise not adversely affect the species. Should a take permit/authorization be required, or conditions imposed by NMFS to ensure that no take would result from the project, the applicant shall implement all the terms and conditions of the NMFS permit, authorization, or recommendations to the satisfaction of the City and NMFS. The NMFS can only provide take authorization for projects that demonstrate the species affected would be left in as good as or better condition than before the project was implemented. Additionally, the NMFS cannot authorize any project that would jeopardize the continued existence of a listed species. As such, regulatory compliance would reduce potential impacts on the steel head to a less-than-significant level. RESOLUTION NO. 3972 PAGE 30 Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD; NOAA Fisheries Prior to issuance of Grading Permit MM 5.1: A qualified archaeologist shall be retained to monitor all grading activities. The monitor shall work closely with construction crews in close proximity to earth moving equipment in order to investigate and evaluate exposed materials immediately upon exposure and prior to disturbance. A daily log shall be maintained by the monitor to record when and where earth-moving activities take place within the project area, as well as the presence/absence of archaeological materials in the monitored matrix. In the event that prehistoric cultural materials, or historic cultural materials are encountered, work in the immediate vicinity of the finds shall be suspended and the archaeologist shall be allowed to quickly record, collect, and analyze any significant resources encountered. The client and the City shall be notified should resources meeting CEQA significance standards are discovered. The archaeologist shall work as quickly as possible to permit resumption of construction activities. It is preferred that location data of finds be recorded using a hand-held global positioning system (GPS) receiver. In the event that human remains (burials) are found, the County Coroner (781-4513) shall be contacted immediately. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes the remains to be those of a Native American, or has reason to believe that they are those of a Native American, he or she will contact by telephone within 24 hours the Native American Heritage Commission. Following the field analysis work, the qualified archaeologist shall prepare final monitoring/mitigation report that includes a description of the methods used, materials recovered, and the results of historic or prehistoric analysis of those materials. The final archaeological monitoring/mitigation report prepared by the qualified archaeologist shall be accepted by the Community Development Director prior to submittal to the repository and issuance of any final occupancy for the project. A high-quality, laser or equivalent copy, shall be 'provided to the Community Development Director for retention in the project file. . Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works During grading and construction activities; prior to issuance of a Certificate of Occupancy MM 5.2: The owner of the property containing the Vandeveer house shall register. the residence in the California Register of Historic Places through the State Office of Historic Preservation (OHP). RESOLUTION NO. 3972 PAGE 31 Developer City of Arroyo Grande - COD, Building & Fire Dept. Prior to issuance of a Certificate of Occupancy MM 5.3: Any alteration to the Vandeveer house shall comply with the Secretary's Rehabilitation Standards and Guidelines (36 CFR part 68). Responsible Party: Monitoring Agency: Timeframe: Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Building & Fire Dept. Prior to issuance of Building Permit for alterations to the residence MM 6.1: A project-specific soils report shall be prepared by a registered geotechnical or soils engineer as required by the City's Grading Ordinance, and the recommendations of that report. shall be incorporated in the design and construction of the proposed project. Final improvement plans submitted to the City shall be accompanied by a letter of certification from the civil engineer that the plans are in conformance with the soils report, and the certification shall confirm that the plans include the following: . The project shall be designed to withstand ground shaking associated with a large magnitude earthquake on nearby active faults. . All proposed structures shall be designed to conform to the most recent Uniform Building Code (UBC) Zone 4 guidelines. . The project shall comply with the requirements of the City's Grading Ordinance. . Site-specific specifications regarding clearing, site grading and preparation, footings, foundations, slabs-on-grade, site drainage, and pavements or turf block shall be delineated. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Grading Permit MM 6.2: The soils report shall include the following considerations, at a minimum, to ensure that the impacts related to soil instability and landslides are reduced to a less-than-significantlevel: . Utilities should be designed with as much flexibility as practical to tolerate potential differential movement without becoming disconnected or broken. . Subgrade or base material shall be replaced or covered with suitable base material. RESOLUTION NO. 3972 PAGE 32 . Retaining wall design shall be prepared by a qualified structural engineer based on the recommendations of a qualified civil engineer and shall comply with the requirements of the City's Grading Ordinance. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to issuance of Grading Permit MM 6.3: Prior to issuance of a Grading Permit for the project, the applicant shall prepare and submit a grading and erosion control plan in compliance with the City's Grading Ordinance for review and approval by the Public Works Department, a qualified biologist and hydrologist. The plan shall be prepared by a civil engineer to address both temporary and long-term sedimentation and erosion impacts. The erosion control plan shall be subject to review, approval and monitoring during construction by an on-site biologist, soils or geotechnical engineer and City staff and shall include the following, at a minimum: . Install and maintain silt basins and fences or straw bales along drainage paths during construction to contain on-site soils until bare slopes are vegetated. Carefully stockpile graded soils away from drainages; . Restrict grading and earthwork during the rainy season (October 15 through April 15) and stabilize all exposed soils and graded areas prior to onset of the rainy season through mulching and reseeding. Permit grading within this period only with installation of adequate sediment and erosion control measures; . Delineate and describe the practices to retain sediment on the site,' including sediment basins and traps, and a schedule for their maintenance and upkeep; . Delineate and describe the vegetative practices to be used, including types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep; . Comply with all applicable City of Arroyo Grande ordinances including landscaping compatibility for erosion control; . Only clear land that will be actively under construction within 6 to 12 months; . Stabilize disturbed areas except where active construction is taking place. Examples of stabilization techniques include jute netting, hydro-seeding (using native plant composition in consultation with a qualified biologist or re-vegetation specialist), etc. and provide permanent stabilization during finish grade and landscape the site; . Dispose of all construction waste in designated areas, and keep storm water from flowing on or off these areas; and RESOLUTION NO. 3972 PAGE 33 . Place perimeter controls where runoff enters or leaves the site prior to clearing, grubbing, and rough grading. Perimeter controls may include dikes, swales, temporary storm drains, sand bags or hay bales. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - COD, Public Works Dept.; Consulting biologist and hydrogeologist Prior to issuance of Grading Permit MM 6.4: All project stormwater not passed through the bioswale shall be passed through in line storm water filters prior to discharging to the creek. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - CDD, Public Works Dept. Prior to issuance of Building Permit MM 6.5: The San Luis Obispo County Public Works Department shall review the project improvement plans to determine potential impacts to the County's gauging station for Arroyo Grande Creek. The project shall comply with all County ordinances and mitigation set forth by this agency. Responsible Party: . Monitoring Agency: Timeframe: Developer; City of Arroyo Grande - Public Works Dept. City of Arroyo Grande - Public Works Dept. Prior to approval of improvement plans MM 8.1: Construction activities shall be restricted to the hours of 8:00AM to 5:00 PM Monday through Friday. There shall be no construction activities on Sundays. Interior finish work is allowed on Saturdays that does not include hammering, the use of power tools or any other noise generating activities. On-site equipment maintenance and servicing shall be confined to the same hours. 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. 3972 PAGE 34 MM 9.1: Ten percent (10%) of the new units constructed shall be sold to qualified families earning a moderate-income (based on the County'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 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 12.2: The developer shall design and install a controlled 3-way stop at the intersection of East Cherry Avenue and Branch Mill Road as approved by the Director of Public Works. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to recordation of the Final Tract Map RESOLUTION NO. 3972 PAGE 35 MM 13.1: Existing and new residences located in Phase I shall hook up to the City's sanitary sewer system and shall be provided with individual sewer laterals. Responsible Party: Monitoring Agency: Timeframe: Developer 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 and SSLOCSD 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 13.3: The Final Tract Map shall show private sewer easements in the fire road to benefit the existing residences along Lierly Lane for future sewer connection. Responsible Party: Monitoring Agency: Timeframe: Developer City of Arroyo Grande - Public Works Dept. Prior to recordation of the Final Tract Map MM 14.1: The applicant shall submit a Notice of Intent to the Regional Water Quality Control Board (RWQCB) to obtain a State Water Resources Control Board General Construction Storm Water Permit. This shall include preparation and submittal to the RWQCB of a City-approved Storm Water Pollution Prevention Pian (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: o Designation of equipment and supply staging and storage areas at least 200 feet from the outside edge of the Arroyo Grande 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. o Major vehicle/equipment maintenance, repair, and equipment washing shall be performed off site. o 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. o Erosion control and bank stabilization measures for installation of the stormwater outfall culverts on the banks of the creek. RESOLUTION NO. 3972 PAGE 36 . Designating concrete mixer washout areas at least 200 feet from outside edge of Arroyo Grande 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. . 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. Prior to issuance of Grading Permit MM 14.2: 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 14.3: 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 14.4: 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 - PR&F Dept. Prior to issuance of Building Permit MM 14.5: The project plans shall include methods for collecting surface run-off from the site for use on 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 14.6: The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: RESOLUTION NO. 3972 PAGE 37 . 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, . The applicant may pay an in lieu fee of $2,200 per new residential unit. 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 the attached Resolution No. 3972 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 28th day of November 2006. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of November 2006. RE, CITY CLERK