PC R 16-2244RESOLUTION NO. 16-2244
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE ADOPTING A
MITIGATED NEGATIVE DECLARATION AND APPROVING
LOT MERGER 15-004 AND CONDITIONAL USE PERMIT
15-007; LOCATED AT 325 EAST BRANCH STREET;
APPLIED FOR BY NKT COMMERCIAL
WHEREAS, the applicant has filed Lot Merger 15-004 and Conditional Use Permit 15-007
to merge six (6) lots for the development of a fifty-four (54) room boutique hotel and
associated improvements; and
WHEREAS, the Planning Commission has reviewed the project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has determined that the
Mitigated Negative Declaration (MND) prepared for the project is adequate; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on December 1, 2015; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Lot Merger Findings
1. Merged lots should comply where feasible with the minimum lot size, lot
width, and lot depth requirements of the zoning district in which it is
located;
The proposed Lot Merger will merge six (6) lots into one (1) and the new
lot will conform to the VCD and VMU zoning district development
standards for lot size, lot width, and lot depth.
2. Adequate access and placement of easements shall be provided;
Access to the merged parcel is available from East Branch Street.
Conditional Use Permit Findings:
The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
The proposed development for a hotel is permitted within the VCD and
VMU zoning districts and is consistent with the provisions of General Plan
RESOLUTION NO. 16-2244
PAGE 2
policies LU6, ED6-3, and ED64.8 regarding development of lodging
facilities within the City.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed use of a hotel serves as a visitor serving use in one of the
economic centers of the City, will comply with all applicable provisions of
the Municipal Code, and therefore will not impair the integrity and
character of the district in which it is to be located.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is 1.86 acres of vacant land, adjacent to Tally Ho Creek, and
meets the development standards of the VCD and VMU zoning districts,
which makes it suitable for the fifty-four (54) room boutique hotel and
associated improvements proposed.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
The provisions for water, sanitation, and public utilities were examined
during development of the Initial Study and subsequent Mitigated
Negative Declaration and it was determined that adequate public services
will be available for the proposed project and will not result in substantially
adverse impacts.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity.
The proposed use will not be detrimental to the public health, safety or
welfare, nor will it be materially injurious to properties or improvements in
the vicinity, as it will comply with all applicable codes and standards of the
Municipal Code and in accordance with conditions of approval specifically
developed for the project.
6. Site-specific property development standards are needed to make the
project consistent with the intent of these regulations.
A maximum building size of 30,000 square feet on a 1.86 acre site
continues to ensure that the development is compatible in scale and
pedestrian orientation of the Village, does not overpower small
commercial sites, and does not result in the underutilization of a prime
RESOLUTION NO. 16-2244
PAGE 3
downtown commercial site.
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 Lot
Merger 15-004 and Conditional Use Permit 15-007.
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 the Mitigated 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 Planning Commission of the City of
Arroyo Grande hereby adopts a Mitigated Negative Declaration as shown in Exhibit "B",
on file in the Community Development Department and approves Lot Merger 15-004 and
Conditional Use Permit 15-007 as shown in Exhibit "C", attached hereto and incorporated
herein by this reference, with the above findings and subject to the conditions as set forth
in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Commissioner Keen, seconded by Commissioner Martin, and by the
following roll call vote, to wit:
AYES: Keen, Martin, Mack, George
NOES: None.
ABSENT: Fowler -Payne
the foregoing Resolution was adopted this 16th day of February, 2016.
RESOLUTION NO. 16-2244
PAGE 4
LAN(GE
CHAD�It,
p
ATTEST:
DEBBIE WEICHINGER,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TEOkES CCEISH
COMM DEVELOPMENT DIRECTOR
RESOLUTION NO. 16-2244
PAGE 5
EXHIBIT `A'
CONDITIONS OF APPROVAL
LOT MERGER 15-004 AND
CONDITIONAL USE PERMIT 15-007
325 EAST BRANCH STREET
This approval authorizes the development a fifty-four (54) room boutique hotel on 1.86
acres of vacant land in the Village Core Downtown (VCD) and Village Mixed -Use zoning
districts.
PLANNING DIVISON CONDITIONS
GENERAL CONDITIONS:
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 Conditional Use
Permit 15-007 and Lot Merger 15-004.
3. Development shall occur in substantial conformance with the plans presented to
the Planning Commission at their meeting of February 16, 2016 and marked
Exhibit "C".
4. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or
employees because of the issuance of said approval, or in any way relating to
the implementation thereof, or in the alternative, to relinquish such approval.
The applicant shall reimburse the City, its agents, officers, or employees, for any
court costs and attorney's fees 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.
5. Development shall conform to the Village Core Downtown (VCD) and Village
Mixed -Use (VMU) zoning district standards except as otherwise approved.
6. All conditions of approval for the project shall be included in construction
drawings.
7. Signage shall be subject to the requirements of Chapter 16.60 of the
Development Code.
8. Development shall comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130
"Screening Requirements".
RESOLUTION NO. 16-2244
PAGE 6
9. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans including those specifically modified by these conditions.
10. The developer shall comply with Development Code Chapter 16.56, "Parking
and Loading Requirements". All parking spaces adjacent to a wall, fence, or
property line shall have a minimum width of 11 feet.
11. Final design and location of the trash enclosure(s) shall be reviewed by the
Architectural Review Committee and approved by the Community Development
Director.
12. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction
activities shall be restricted to the hours of 7 AM and 5 PM Monday through
Friday. No construction shall occur on Saturday or Sunday.
13. At the time of application for construction permits, the applicant shall provide
details on any proposed exterior lighting, if applicable. The lighting plan shall
include the height, location, and intensity of all exterior lighting consistent with
Section 16.48.090 of the Development Code. All lighting fixtures shall be
shielded so that neither the lamp nor the related reflector interior surface is
visible from adjacent properties. All lighting for the site shall be downward
directed and shall not create spill or glare to adjacent properties. All lighting shall
be energy efficient (e.g. LED).
14. All new construction shall utilize fixtures and designs that minimize water and
energy usage. Such fixtures shall include, but are not limited to, low flow
showerheads, water saving toilets, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed
prior to final occupancy.
15. Landscaping in accordance with the approved landscaping plan shall be installed
or bonded for before final building inspection/establishment of use. The
landscape and irrigation plan shall be prepared by a licensed landscape architect
subject to review and approval by the Community Development and Public
Works Departments. The landscape plan shall be in conformance with
Development Code Chapter 16.84 (Water Efficient Landscape Requirements)
and shall include the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground -mounted utility and
mechanical equipment;
C. The required landscaping and improvements. This includes:
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.
iii. An automated irrigation system using smart controller (weather
based) technology.
iv. The selection of groundcover plant species shall include native
RESOLUTION NO. 16-2244
PAGE 7
plants.
V. Linear planters shall be provided in parking areas.
vi. No turf shall be utilized.
16. For projects approved with specific exterior building colors, the developer shall
paint a test patch on the building including all colors. The remainder of the
building may not be painted until inspected by the Community Development
Department to verify that colors are consistent with the approved color board. A
48-hour notice is required for this inspection.
17. All new electrical panel boxes shall be installed inside the building(s).
18. All Fire Department Connections (FDC) shall be located near a fire hydrant,
adjacent to a fire access roadway, away from the public right-of-way,
incorporated into the design of the site, and screened to the maximum extent
feasible.
19. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
20. All ducts, meters, air conditioning equipment and all other mechanical
equipment, whether on the ground, on the structure or elsewhere, shall be
screened from public view with materials architecturally compatible with the main
structure. It is especially important that gas and electric meters, electric
transformers, and large water piping systems be completely screened from
public view. All roof -mounted equipment, which generates noise, solid particles,
odors, etc., shall cause the objectionable material to be directed away from
residential properties.
21. All conditions of this approval run with the land and shall be strictly adhered to,
within the time frames specified, and in an on-going manner for the life of the
project. Failure to comply with these conditions of approval may result in an
immediate enforcement action. If it is determined that violation(s) of these
conditions of approval have occurred, or are occurring, this approval may be
revoked pursuant to Development Code Section 16.08.100.
SPECIAL CONDITIONS
22. The developer shall comply with Development Code Chapter 16.64 "Dedications,
Fees and Reservations."
23. The developer shall comply with Development Code Chapter 16.68
"Improvements".
24. All pedestrian crossings shall be delineated with a decorative treatment, subject
to review and approval by the Director of Community Development.
RESOLUTION NO. 16-2244
PAGE 8
25. Decorative light standards, consistent with the Village, shall be used in the
parking lot, subject to review and approval by the Director of Community
Development.
26. Education signage shall be installed along the pedestrian path adjacent to Tally
Ho Creek, subject to review and approval by the Director of Community
Development.
27. The applicant shall maintain all drainage basins in a functional manner and all
landscaped areas. The applicant shall repair any damage to the creek bank.
28. Prior to recording the lot merger, the applicant shall provide a public access
easement for the pedestrian trail in a form acceptable to the Director of
Community Development.
29. The westernmost driveway on the project frontage shall restrict movements to
right -in, right -out only as currently designed.
30. The property owner shall install and maintain degradable plastic mitt dispensers
on both ends of the pedestrian path.
31. Maximum building size shall not exceed 30,000 square feet.
BUILDING AND LIFE SAFETY DIVISION CONDITIONS
GENERAL CONDITIONS:
BUILDING CODES
32. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
DISABLED ACCESS
33. Provide complete compliance with State and Federal disabled access
requirements.
FIRE LANES
34. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
35. Prior to occupancy, all fire lanes must be posted and enforced, per Police
Department and Fire Department guidelines.
FIRE FLOW/FIRE HYDRANTS
36. Project shall have a fire flow based on the California Fire Code appendix III -A.
RESOLUTION NO. 16-2244
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37. Prior to combustible materials being placed on site, fire hydrants shall be installed
& operational, per Fire Department and Public Works Department standards.
FIRE SPRINKLERS
38. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
39. Provide Fire Department approved access & sprinkler system per National Fire
Protection Association Standards.
SECURITY KEY BOX
40. The applicant must provide an approved "security key vault," per Building and Fire
Department guidelines and per the California Fire Code.
ABANDONMENT / NON -CONFORMING
41. The applicant shall show proof of properly abandoning all non -conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
FLOODPROOFED NON-RESIDENTIAL BUILDINGS
42. Provide written certification that the envelope of the structure is watertight with
walls substantially impermeable to the passage of water required under 44 Code
of Federal Regulations (44 CFR 60.3 (c)(3)).
43. Provide a comprehensive Maintenance Plan for the entire structure to include but
not limited to:
a. Exterior envelope of structure.
b. All penetrations to the exterior of the structure.
c. All shields, gates, barriers, or components, designed to provide
floodproofing protection to the structure.
d. All seals or gaskets for shields, gates, barriers, or components.
e. Location of all shields, gates, barriers, and components as well as all
associated hardware, and any materials or specialized tools necessary to
seal the structure.
FEES
44. Pay all required City fees at the time they are due (for your information, the
"Procedure for Protesting Fees, Dedications, Reservations or Exactions" is
provided below).
45. Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
46. Water neutralization fee, to be based on codes and rates in effect at the time of
RESOLUTION NO. 16-2244
PAGE 10
building permit issuance.
47. Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
48. Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
49. Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at
the time of building permit issuance.
50. Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
51. Strong Motion Instrumentation Program (SMTP) fee and State Green Building
fee, to be based on codes and rates in effect at the time of building permit
issuance in accordance with State mandate.
52. Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
53. Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
54. Community Centers fee, to be based on codes and rates in effect at the time of
building permit issuance.
55. Fire Protection fee, to be based on codes and rates in effect at the time of building
permit issuance.
56. Police Facilities fee, to be based on codes and rates in effect at the time of
building permit issuance.
57. Reimburse the City for all Land Survey Professional Service needs to process
project prior to issuance of Building Permit
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
RESOLUTION NO. 16-2244
PAGE 11
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
ENGINEERING DIVISION CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD STORMWATER CONTROL PLAN OPERATIONS AND MAINTENANCE
PLAN AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
57. The Applicant shall develop, implement and provide the City a:
a. Stormwater Control Plan that clearly provides engineering analysis of all
Water Quality Treatment, Runoff Retention, and Peak Flow Management
controls.
b. Operations and Maintenance Plan and Maintenance Agreements that
clearly establish responsibility for all Water Quality Treatment, Runoff
Retention, and Peak Flow Management controls.
RESOLUTION NO. 16-2244
PAGE 12
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls have been
maintained and are functioning as designed.
d. All reports must be completed by either a Registered Civil Engineer or
Qualified Stormwater Pollution Prevention Plan Developer (QSD).
58. Prior to any Permit — Stormwater Control Plan. The Stormwater Control Plan
must include, at minimum:
Contents
a. Project information including project name; application number; location;
parcel numbers; applicant contact information; land use information; site
area; existing, new, and replaced impervious area, and applicable PCR
requirements and exceptions.
b. Narrative analysis or description of site features and conditions, and
opportunities and constraints for stormwater control.
c. Narrative description of site design characteristics that protect natural
resources including endangered species habitat, protected vegetation, and
archaeological resources, and preserve natural drainage features, minimize
imperviousness, and disperse runoff from impervious areas.
d. Tabulation of proposed pervious and impervious DMAs, showing self -
treating areas, self-retaining areas, areas draining to self-retaining areas,
and areas tributary to each LID facility.
e. Proposed sizes, including supporting calculations, for each LID facility.
f. Narrative description of each DMA and explanation of how runoff is routed
from each impervious DMA to a self-retaining DMA or LID facility.
g. Description of site activities and potential sources of pollutants.
h. Table of pollutant sources identified from the list in Appendix A and for each
source, the source control measure(s) used to reduce pollutants to the
maximum extent practicable.
i. Description of signage for bioretention facilities.
j. General maintenance requirements for bioretention facilities and site design
features.
k. Means by which facility maintenance will be financed and implemented in
perpetuity.
I. Statement accepting responsibility for interim operation & maintenance of
facilities.
Exhibits
a. Existing natural hydrologic features (depressions, watercourses, relatively
undisturbed areas) and significant natural resources.
b. Proposed design features and surface treatments used to minimize
imperviousness and reduce runoff.
c. Existing and proposed site drainage network and connections to drainage
off-site.
d. Entire site divided into separate Drainage Management Areas (DMAs).
Each DMA has a unique identifier and is characterized as self-retaining
RESOLUTION NO. 16-2244
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(zero -discharge), self -treating, or draining to a LID facility.
e. Proposed locations and footprints of LID facilities.
f. Potential pollutant source areas, including loading docks, food service
areas, refuse areas, outdoor processes and storage, vehicle cleaning,
repair or maintenance, fuel dispensing, equipment washing, etc.
59. Prior to Final Approval - Operations and Maintenance Plan. The Operations
and Maintenance Plan must include, at minimum:
a. Stormwater Control Measures report number
b. A site map identifying all Stormwater Control Measures requiring
Operations and Maintenance practices to function as designed.
c. Operations and Maintenance Procedures for each structural stormwater
control measure including, but not limited to, Low Impact Design facilities,
retention and detention basins, and manufactured or propriety devices
operations and maintenance.
d. Short -and long-term maintenance requirements, recommended frequency
of maintenance, and estimated cost for maintenance.
60. Prior to Occupancy - Maintenance Agreement. The Applicant shall provide a
signed statement accepting responsibility for the Operations and Maintenance of
the installed Storm Water Control Measures. The Applicant shall include written
conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally
enforceable mechanism that require the assumed responsibility for the Operations
and Maintenance of Stormwater Control Facilities. Additionally, the signed
statement shall include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion dates of the following milestones
i. Construction
ii. Field verification of Stormwater Control Facilities
iii. Final Project approval/occupancy
d. Party responsible for O&M
e. Source of funding for O&M
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
61. Annual - Maintenance Notification. The Owner/Applicant shall provide a signed
statement notifying the City of all maintenance of the installed Storm Water Control
Measures. Additionally, the signed statement shall include the following
information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion date of the maintenance activities
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d. Party responsible for O&M
e. Source of funding for O&M
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
GENERAL CONDITIONS:
62. The developer shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The
cleaning shall be done after each day's work or as directed by the Public Works
Director.
63. 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
Community Development Director. The City may hold the developer or contractor
responsible for any expenses incurred by the City due to work outside of these
hours.
64. Trash enclosure area(s) shall have a roof structure (grease trap) to reduce
stormwater pollution runoff.
65. Trash enclosure area(s) shall be screened from public view with landscaping or
other appropriate screening materials, and shall be reserved exclusively for
dumpster and recycling container storage. Interior vehicle travel ways shall be
designed to be capable of withstanding loads imposed by trash trucks.
66. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
67. Submit three (3) full-size paper copies and one (1) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
68. Submit as -built plans at the completion of the project or improvements as directed
by the Community Development Director. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
69. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie -out survey
monuments or vertical control bench marks within 24 inches of work. Should any
existing survey monument be disturbed or destroyed during construction, it must
be reset at the previous location. Should any existing bench mark be disturbed or
RESOLUTION NO. 16-2244
PAGE 15
destroyed during construction, a new one must be set at a nearby, but different,
location than the existing, as determined by the City Engineer. For monuments, a
Corner Record must be filed with the County and a copy delivered to the City
Engineer. For bench marks, documentation of the bench mark and how it was
reset must be delivered to the City Engineer prior the project acceptance or sign
off of the Encroachment Permit.
70. Provide new vertical control survey benchmark, per City Standard, as directed by
City Engineer.
IMPROVEMENT PLANS
71. Improvement plans (including the following) shall be prepared by a registered Civil
Engineer or qualified specialist licensed in the State of California and approved by
the Public Works or Community Development 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. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks).
g. Engineers estimate for construction cost based on County of San Luis
Obispo unit cost.
72. 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.
73. Improvement plans shall include plan and profile of existing and proposed
retaining walls (if applicable).
74. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards.
75. Landscape and irrigation plans are required within the public right-of-way, and shall
be approved by the Public Works Director.
76. Planter at (north) end of center aisle should be lengthened to protect end parking
RESOLUTION NO. 16-2244
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spaces.
77. Demonstrate parking lot meets safe delivery/trash/emergency truck turning radii
access throughout site.
78. Relocation of trash enclosure, if necessary, shall be located to an area avoiding
impairment to it or contamination from it during flooding.
79. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
80. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right-of-way (City or Caltrans).
XA/ATPQ
81. Whenever possible, all water mains shall be looped to prevent dead ends. The
Public Works Director must grant permission to dead end water mains.
82. A Reduced Pressure Principle (RPP) backflow device is required on all water lines
to the development.
83. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
84. Each parcel shall have separate water meters. Duplex service lines shall be used
if feasible.
85. Provide automatic fire sprinkler, a fire sprinkler engineer shall determine the size of
the water line and meter.
86. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
87. If existing water meter box is not going to be used, remove and construct new
sidewalk on East Branch Street per the requirements of the Director of the Public
Works.
88. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
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PAGE 17
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee in the amount to be calculated at the
time of building permit issuance.
89. Fire department connection to be located within 50 feet of any public fire hydrant.
90. A fire hydrant may be required by the fire department.
SEWER
91. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8".
92. All sewer laterals within the public right of way must have a minimum slope of 2%.
93. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
94. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
95. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to permit issuance.
96. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
97. Show the correct orientation and layout of the existing sanitary sewer lateral to be
abandoned.
98. The developer shall install a new sewer manhole to reroute existing flow towards
the project site into the 18" trunk main on East Branch Street.
PUBLIC UTILITIES
99. The developer shall comply with Development Code Section 16.68.050: All
projects that involve the addition of over 100 square feet of habitable space shall
be required to place service connections underground - existing and proposed
utilities.
100. Underground improvements shall be installed prior to street paving.
101. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to
the Director of Public Works for approval.
RESOLUTION NO. 16-2244
PAGE 18
102. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREET IMPROVEMENTS
103. Obtain approval from the Public Works Director prior to excavating in any street
recently over -laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal.
104. All street repairs shall be constructed to City standards.
105. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned
and filled with epoxy.
106. Street structural sections shall be determined by an R -Value soil test, but shall not
be less than the structural section of the existing pavement. The existing asphalt
pavement in East Branch Street is 18 inches thick.
107. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance
by the City shall be required as directed by the Public Works Director.
CURB GUTTER AND SIDEWALK
108. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director. This includes project frontage on
Le Point Street and exposed aggregate sidewalk on East Branch Street to
easternmost property boundary.
109. Any sections of damaged or displaced curb, gutter & sidewalk or driveway
approach shall be repaired or replaced to the satisfaction of the Public Works
Director.
110. Color any such new facilities as directed by the Community Development Director.
111. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
112. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
113. The existing driveway approach shall be modified to new standards with ADA
accessible walkway behind driveway apron, in accordance with Title 24 of the
California Building Code, Chapter 11.
114. Construct new driveway approach in accordance with Title 24 of the California
Building Code, Chapter 11.
RESOLUTION NO. 16-2244
PAGE 19
115. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
GRADING AND DRAINAGE
116. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two
(2) copies of the final project -specific Storm Water Pollution Prevention Plan
(SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis
Obispo Regional Water Quality Control Board (RWCB) requirements.
117. All grading shall be performed in accordance with the City Grading Ordinance.
118. All drainage facilities shall be designed to accommodate a 100 -year storm flow.
119. Submit a soils report for the project shall be 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.
120. The applicant shall dedicate a pedestrian access easement(s) for the ADA
sidewalk extension.
121. Infiltration basins shall be designed based on soil tests. Infiltration test shall
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required if the analysis or soil conditions are inconclusive.
122. No grading, fill or other site improvements affecting the flow of Tally Ho Creek is
allowed within the Floodway Boundary.
123. Site improvements shall comply with the provisions of Municipal Code Section
16.44.050(C) — General Provisions for Creek Protection.
124. The floor of the trash enclosure shall slope to the back of the enclosure so as not
to allow storm water to be released to the parking lot and shall be provided with a
drain inlet connected to the grease interceptor or to a landscape area for filtration.
125. All drainage facilities shall be in accordance with the Drainage Master Plan and the
"Flood Plain Analysis and Calculations of Tally Ho Creek at Branch Street"
prepared by North Coast Engineering, dated June, 2007.
126. Storm drain inlets, both public and private, will be required to be stenciled with
the warning: "Drains to Creek" or other appropriate advice as directed by the
City.
127. Infiltration basins shall be designed based on soil tests. Infiltration tests shall
RESOLUTION NO. 16-2244
PAGE 20
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required if the analysis or soil conditions are inconclusive.
128. Because the Applicant is proposing on building within the 100 -year floodplain, the
project must comply with the City's Floodplain Management Ordinance (Municipal
Code 16.44.050).
129. The applicant shall submit an engineering study regarding flooding related to the
project site as directed by the Community Development Director. Any portions of
the site subject to flooding from a 100 -year storm shall be shown on the site plan,
and shall be noted as a building restriction.
130. The Applicant is proposing on filling and constructing a parking lot within the
Floodway of Tally Ho Creek. The engineering study shall include to what extent
the proposed improvements affect the Base Flood Elevation and how this is to be
mitigated in accordance with the City's Floodplain Management Ordinance
(Municipal Code 16.44.050).
131. According to the FIRM, the entire site is in Zone AE and is in a designated Special
Flood Hazard Area subject to inundation by the 1 % annual chance flood (Elevation
119.7'). Flood proofing is required to Elevation 120.7'. It is recommended that the
finish floor of the building be raised out of or as high as the site allows to minimize
the amount of flood protection needed.
132. The Applicant is to use the terms used from the FIRM and FBFM when identifying
the boundaries of the Special Hazard Zone and the Floodway on both the grading
and drainage plans.
133. Applicant shall file an Elevation Certificate with FEMA prior to occupancy.
134. Show all drainage easements and identify and spec all drainage facilities on the
site plan and repair/upgrade any facilities as necessary as determined by the
Director of Community Development.
135. Required reports include:
a. Hydraulics and Hydrology — which includes analysis of pre -project vs post
project conditions and 100 year flood evaluation analysis
b. Stormwater Control Plan
c. Stormwater Pollution Prevention Plan
DEDICATIONS AND EASEMENTS
136. All easements, abandonments, lot mergers or similar documents to be recorded as
a separate document, shall be prepared by the applicant on 8 1/2 x 11 City
standard forms, and shall include legal descriptions, sketches, closure
RESOLUTION NO. 16-2244
PAGE 21
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
137. 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.
138. A Public Utility Easement (PUE) shall be reserved 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.
139. There exists a storm drain line across the Applicant's property that serves the
adjacent property to the west. Wherever the drain line exists or is rerouted, a
drainage easement across the property shall be granted to the adjacent property
owner.
TREE PRESERVATION/TREE REMOVAL PLAN
140. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance.
141. Prior to issuance of a grading or building permit, the developer shall submit a
tree preservation and tree removal plan to the Director of Public Works/City
Arborist for undeveloped parcels or lots with trees. The plan shall include the
location, size and species of all trees located on the lot or on adjoining lots, where
development could affect the roots or limbs of trees on adjacent property.
142. All significant trees to be removed as designated by the Director of Public
Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the
approval of the Public Works Director, tree removal shall be mitigated by planting
on site, off-site, or payment of in -lieu fees (at the current street tree fee rate for a
15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to
issuance of a grading permit, all trees shall be planted or fees paid.
143. Prior to issuance of a grading permit, all trees to remain on site shall be marked
with paint/ribbon and protected by a five (6) foot vinyl or chain link fence. The
fence shall be located at a minimum of eight (8') foot radius from the trunk of the
tree.
144. All trees on the construction site to be preserved shall be protected under the
conditions of the Community Tree Ordinance (431 C.S.) which include but are not
limited to:
a. No mechanical trenching within the drip line of a tree, unless approved by
RESOLUTION NO. 16-2244
PAGE 22
the Public Works Director.
b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any
tree.
c. No grading shall occur under a trees dripline, unless approved by the Public
Works Director.
d. A five foot (6) protective fence shall be constructed a minimum of 8' from
the trunk of each tree
145. All trees to be pruned shall be pruned under supervision of a Certified Arborist
using the International Society of Agricultural Pruning Standards.
PERMITS
146. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
147. Obtain a grading permit prior to commencement of any grading operations on site.
FFFS
148. Pay all required City fees at the time they are due.
149. Fees to be paid prior to plan approval:
a. Map check fee for lot merger.
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.
AGREEMENTS
150. 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.
151. Improvement Agreement: The applicant shall enter into a improvement agreement
for the completion and guarantee of improvements required. The improvement
agreement shall be on a form acceptable to the City.
RESOLUTION NO. 16-2244
PAGE 23
152. The Applicant proposes on encroaching with building and site improvements onto
Harden Alley, currently owned in fee by the City of Arroyo Grande. The Applicant
is to work out an Agreement with the City for use of the property.
IMPROVEMENT SECURITIES
153. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
154. Submit an engineer's estimate of quantities for public improvements for review by
the Community Development Director.
155. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Community Development Director:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements,
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey monuments.
This financial security may be waived if the developer's surveyor submits to
the Community Development Director a letter assuring that all
monumentation has been set.
OTHER DOCUMENTATION
156. The proposed building footprint encroaches into Harden Alley. A lot merger or a
City Grant of Lease Agreement may be required.
157. 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 lot merger on the
City Council Agenda for approval.
158. Preliminary Title Report: A current preliminary title report shall be submitted to the
Community Development Director prior to checking the lot merger.
159. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the
Community Development Director with the final submittal of the lot merger.
RESOLUTION NO. 16-2244
PAGE 24
PRIOR TO ISSUING A BUILDING PERMIT
160. The Final lot merger or Grant of Lease Agreement shall be recorded with all
pertinent conditions of approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
161. All utilities shall be operational.
162. 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 Community Development
Director.
163. Prior to the final 10% of occupancies for the project being issued, all improvements
shall be fully constructed and accepted by the City.
BONDING SURETY
164. Erosion Control, prior to issuance of the grading or building permit, all new
residential construction requires posting of a $1,200.00 performance bond for
erosion control and damage to the public right-of-way. This bond is refundable
upon successful completion of the work, less expenses incurred by the City in
maintaining and/or restoring the site.
165. The applicant shall provide bonds or other financial security for the following. 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 minimum term for
Improvement securities shall be equal to the term of the subdivision agreement.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all subdivision
improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of the
subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey monuments.
e. Tax Certificate, In accordance with Section 9-15.130 of the Development
Code, 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.
RESOLUTION NO. 16-2244
PAGE 25
f. Accessory Structures, the applicant shall remove or bond for removal of
all accessory structures not sharing a parcel with a residence.
g. Curb cuts, the applicant shall construct or bond for construction of
individual curb cuts and paved driveways for parcels.
PUBLIC WORKS DEPARTMENT CONDITIONS
166. Prior to issuance of a building permit, the applicant shall submit a final landscape
plan, subject to review by and approval of the Public Works Director.
167. Prior to issuing a certificate of occupancy, the developer shall enter into a
maintenance agreement for the pedestrian trail on behalf of the City to the
satisfaction of the City Attorney.
POLICE DEPARTMENT CONDITIONS
168. Prior to issuance of building permit, applicant to submit exterior lighting plan
for Police Department approval.
169. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
170. Prior to issuance of a certificate of occupancy, the applicant shall install a
burglary [or robbery] alarm system per Police Department guidelines, and pay
the Police Department alarm permit application fee of ($94.00). Annual renewal
fee is $31.00.
171. The developer shall include Village type lampposts on both ends of the public
path wired with constant 110v electrical supply. The developer may use existing
posts if adequate power exists.
FIVE CITIES FIRE AUTHORITY CONDITIONS
172. The onsite Fire Department turnaround shall be constructed of an all weather
surface.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
173. Incorporate additional details to the transitional towers between the two
buildings, pedestrian connections, additional details on roof venting, and the
structures base, to be reviewed by the Architectural Review Committee prior to
building permit issuance.
RESOLUTION NO. 16-2244
PAGE 26
PLANNING COMMISSION CONDITIONS
174. The front parking wall fence shall be limited to forty-two inches (42").
175. Low profile landscaping shall be planted in front of the building to not block the
mural on the adjacent property.
176. An electric vehicle charging station shall be installed on site.
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.
MITIGATION MEASURES:
MM III -1: On -road diesel vehicles shall comply with Section 2485 of Title 13 of the
California Code of Regulations. This regulation limits idling from diesel -fueled
commercial motor vehicles with gross vehicular weight ratings of more than 10,000
pounds and licensed for operation on highways. It applies to California and non -
California based vehicles. In general the regulation specifies that drivers of said
vehicles:
• Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at
any location.
• Shall not operate a diesel -fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during sleeping
or resting in a sleeper berth for greater that 5 minutes at any location when within
1,000 feet of a restricted area.
MM III -2: Off-road diesel equipment shall comply with the 5 minute idling restriction
identified in Section 2449(d)(2) of the California Air Resources Board's In -Use Off -Road
Diesel regulation.
MM III -3: Signs must be posted in the designated queuing areas and job sites to
remind drivers and operators of the State's 5 minute idling limit.
MM III -4: The project applicant shall comply with these more restrictive requirements to
minimize impacts to nearby sensitive receptors (adjacent residential development):
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
• Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
• Use of alternative fueled equipment is recommended; and
• Signs that specify no idling areas must be posted and enforced at the site.
RESOLUTION NO. 16-2244
PAGE 27
MM 111-5: The following standard mitigation measures for construction equipment shall
be implemented to reduce the ROG, NOx, and diesel particulate matter (DPM)
emissions during construction of the project:
• Maintain all construction equipment in proper tune according to manufacturer's
specifications;
• Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non -taxed version suitable for use off-road);
• Use diesel construction equipment meeting ARB's Tier 2 certified engines or
cleaner off-road heavy-duty diesel engines, and comply with the State Off -Road
Regulation;
• Use on -road heavy-duty trucks that meet the ARB's 2007 or cleaner certification
standard for on -road heavy-duty diesel engines, and comply with the State On -
Road Regulation;
• Construction or trucking companies with fleets that do not have engines in their
fleet that meet the engine standards identified in the above two measures (e.g.
captive or NOx exempt area fleets) may be eligible by proving alternative
compliance;
• All on- and off-road diesel equipment shall not idle for more than 5 minutes.
Signs shall be posted in the designated queuing areas and or job sites to remind
drivers and operators of the 5 minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors is not permitted;
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors;
• Electrify equipment when feasible;
• Substitute gasoline -powered in place of diesel -powered equipment, where
feasible; and
• Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or
biodiesel.
MM III -6: The project shall implement the following mitigation measures to manage
fugitive dust emissions such that they do not exceed the APCD's 20% opacity limit
(APCD Rule 401) or prompt nuisance violations (APCD Rule 402):
• Reduce the amount of disturbed area where possible.
• Use water trucks or sprinkler systems in sufficient quantities to prevent airborne
dust from leaving the site. Increase watering frequency when wind speeds
exceed 15 MPH. Reclaimed (non -potable) water shall be used whenever
possible.
• All dirt stockpile areas shall be sprayed daily or as needed.
• Permanent dust -control measures identified in the approved
revegetation/landscape plans shall be implemented as soon as possible
following completion of any soil -disturbing activities.
RESOLUTION NO. 16-2244
PAGE 28
• Exposed ground areas that are planned to be reworked more than one (1) month
after initial grading shall be sown with a fast -germinating native grass seed and
watered until vegetation is established.
• All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting or other methods approved in
advance by the Air Pollution Control Board (APCD).
• All roadways, driveways, sidewalks and other areas to be paved shall be
completed as soon as possible. In addition, building pads shall be laid as soon
as possible after grading unless seeding or soil binders are used.
• Vehicle speed for all construction vehicles shall not exceed 15 MPH on any
unpaved surface at the construction site.
• All trucks hauling dirt, sand, soil or other loose materials are to be covered or
shall maintain at least two (2) feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section 23114.
• Wheel -washers shall be installed where vehicles enter and exit unpaved roads
onto streets or wash off trucks and equipment prior to leaving the construction
site.
• Streets shall be swept at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed (non -potable) water
shall be used where feasible.
• The contractor/builder shall designate a person or persons to monitor and
implement these measures as necessary to minimize dust complaints, reduce
visible emissions below 20% opacity and to prevent the transport of dust off-site.
The name and telephone number of such persons shall be provided to the Air
Pollution Control District (APCD) prior to the start of any construction -related
activities.
• All on -road hauling trucks shall be 2003 or newer to reduce diesel PM and NOx
emissions.
• All on-site off-road construction equipment shall be 2003 or newer or be
retrofitted with diesel particulate filters (CDPF) or diesel oxidation catalysts.
• A listing of all required mitigation measures shall be included on grading and
building plans; and,
• The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below the
APCD's limit of 20% opacity for greater than 3 minutes in any 60 minute period.
Their duties shall include holidays and weekend periods when work may not be
in progress. The name and telephone number of such persons shall be provided
to the APCD Compliance Division prior to the start of any grading, earthwork or
demolition.
MM III -7: Prior to any grading activities, the project sponsor 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
RESOLUTION NO. 16-2244
PAGE 29
requirements outlined in the Air Resource Board (ARB) Air Toxics Control Measure
(ATCM) for Construction, Grading, Quarrying and Surface Mining Operations.
MM III -8: All portable equipment (50 horsepower or greater) used during construction
must be issued a permit by either the CARB or the APCD.
MM III -9: Should hydrocarbon -contaminated soil be encountered during construction
activities, the APCD shall be notified within forty-eight (48) hours of such contaminated
soil being discovered to determine if an APCD permit is required. In addition, the
following measures shall be implemented immediately after contaminated soil is
discovered:
• Covers on storage piles shall be maintained in place at all times in areas not
actively involved in soil addition or removal.
• Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH — non -permeable barrier such as plastic tarp.
No headspace shall be allowed where vapors could accumulate.
• Covered piles shall be designed in such a way as to eliminate erosion due to
wind or water. No openings in the covers are permitted.
• During soil excavation, odors shall not be evident to such a degree as to cause a
public nuisance.
• Clean soil must be segregated from contaminated soil.
MM III -10: Burning of vegetative material on the development site shall be prohibited.
MM III -11: The project proponent shall coordinate with and obtain all necessary
equipment and operation permits that are required by APCD. Typical equipment
requiring such permits includes, but is not limited to, the following:
• Portable generators and equipment with engines that are 50 hp or greater;
• Electrical generation plants or the use of standby generators;
• Boilers;
• Internal combustion engines;
• Sterilization unit(s) using ethylene oxide and incinerator(s); and
• Cogeneration facilities.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept., Building
Division, Engineering Division
Timing: Prior to issuance of Grading Permit and during construction
MM III -12: Operation of any commercial building with a loading area shall include the
establishment of a `no idle' zone for diesel -powered delivery vehicles. Vehicle idling
shall be minimized to the maximum extent feasible using the following techniques:
• Each delivery vehicle's engine shall be shut off immediately after arrival in the
loading dock or loading area, unless the vehicle is actively maneuvering.
RESOLUTION NO. 16-2244
PAGE 30
• The scheduling of deliveries shall be staggered to the maximum extent feasible.
• Vehicle operators shall be made aware of the `no idle' zone, including notification
by letter to all delivery companies. Copies of the letters shall be sent to the City
Community Development Department.
• Prominently lettered signs shall be posted in the receiving dock area to remind
drivers to shut off their engines.
• Diesel idling within 1,000 feet of sensitive receptors is not permitted.
• Use of alternative -fueled vehicles is recommended whenever possible.
• Staging and queuing areas shall not be located within 1,000 feet of sensitive
receptors.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept., Building
Division, Engineering Division
Timing: Prior to issuance of Grading Permit and during construction
MM IVA: The applicant shall implement the native riparian habitat restoration plan
approved by the CDFW via an Operation of Law letter issued under Streambed
Alteration Agreement Notification 1600-2013-0207-R4 on June 23, 2014.
MM IV -2: No variance to the 35 -foot setback shall be allowed and the riparian
restoration plan shall be implemented along all project areas along Tally Ho Creek as a
part of project construction, unless the average building setback remains greater than
or equal to 35 -feet. At no time shall the building extend into the 25 -foot setback.
MM IV -3: The applicant shall design the bioswale/retention basin to support native
seasonal wetland and upland plant species to enhance and complement the riparian
habitat restoration.
MM IV -4: The walking trail shall be located the furthest distance from the top of bank
within the 35 foot setback area as feasible.
MM IV -5: Prior to any vegetation clearing or work in Tally Ho Creek and adjacent
riparian habitat, the applicant shall provide for a survey for nesting pond turtles to be
conducted by a qualified biologist. If no nests are found, then no further mitigation shall
be required. If an active southwestern pond turtle nest is found, then it shall be avoided
with a non -disturbance buffer zone determined by a qualified biologist until the nest site
is not longer used by adult and/or young turtles.
MM IV -6: The applicant shall obtain Clean Water Act regulatory compliance in the form
of a permit from the Corps or written documentation from the Corps that no permit
would be required for the proposed vegetation removal/enhancements, outfall structure,
or other work in Tally Ho Creek. Should a permit be required, the City shall implement
all the terms and conditions of the permit to the satisfaction of the Corps. Corps permits
and authorizations require applicants to demonstrate that the proposed project has
RESOLUTION NO. 16-2244
PAGE 31
been designed and will be implemented in a manner that avoids and minimizes impacts
on aquatic resources. In addition, the Corps may require compensatory mitigation for
unavoidable impacts to achieve the goal of a no net loss of wetland values and
functions. Issuance of a Corps permit also requires a Section 401 Water Quality
Certification from the RWQCB that may also carry conditions to protect water quality
and restore habitat. As such, regulatory compliance would reduce potential impacts on
waters of the U.S, to a less -than significant level.
MM IV -7: Prior to any further vegetation clearing or work in Tally Ho Creek and
adjacent riparian habitat, the applicant shall obtain compliance with the federal
Endangered Species Act for potential impacts on the California red -legged frog 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
California red -legged frog or would otherwise not adversely affect the species. Should a
take permit/authorization be required, or conditions imposed by the USFWS to ensure
that no take would result from the project, the City and/or the project applicant shall
implement all the terms and conditions of the USFWS permit, authorization, or
recommendations to the satisfaction of 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 as described above would reduce
potential impacts on the CRLF to a less -than -significant level.
MM IV -8: Vegetation removal and initial site disturbance shall be conducted between
September 1 and January 31 outside of the nesting season for birds. If vegetation
and/or tree removal is planned for the bird nesting season (February 1 to August 31),
then preconstruction nesting bird surveys shall be required to determine if any active
nests would be impacted by project construction. If no active nests are found, then no
further mitigation shall be required.
MM IV -9: If any active nests are found that would be impacted by construction, then
the nest sites shall be avoided with the establishment of a non -disturbance buffer zone
around active nests as determined by a qualified biologist. Nest sites shall be avoided
and protected with the non -disturbance buffer zone until the adults and young of the
year are no longer reliant on the nest site for survival as determined by a qualified
biologist. As such, avoiding disturbance or take of an active nest would reduce potential
impacts on nesting birds to a less -than -significant level.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept.
Timing: Prior to issuance of Grading Permit and during construction
MM V-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
RESOLUTION NO. 16-2244
PAGE 32
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 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 be 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 receiver (GPSr).
Following the field analysis work, the qualified archaeologist shall prepare a 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 copy shall be provided
to the Community Development Director for retention in the project file.
MM V-2: If human remains are encountered during earth -disturbing activities, all work in
the adjacent area shall stop immediately and the San Luis Obispo County Coroner's
office shall be notified. If the remains are determined to be Native American in origin,
the Native American Heritage Commission shall be notified and will identify the Most
Likely Descendent, who will be consulted for recommendations for treatment of the
discovered remains.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works
Department
Timing: Prior to issuance
activities
of a grading permit and during grading
MM VIA: All construction plans shall incorporate the recommendations of the
geotechnical survey report prepared for the project by GSI Soils, Inc. (July 2015). 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
geotechnical investigation report and all applicable Codes and Ordinances.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works
Department
Timing: Prior to issuance of a Grading Permit
RESOLUTION NO. 16-2244
PAGE 33
MM VII -1: All construction plans shall reflect the following GHG-reducing measures
where applicable. Prior to issuance of building permits, the project sponsor shall submit
impact reduction calculations based on these measures to the APCD for review and
approval, incorporating the following measures:
• Incorporate outdoor electrical outlets to encourage the use of electric appliances
and tools.
• Provide shade tree planting in parking lots to reduce evaporative emissions from
parked vehicles. Design shall provide 50% tree coverage within 10 years of
construction using low ROG emitting, low maintenance native drought resistant
trees.
• No residential wood burning appliances.
• Provide employee lockers and showers. One shower and 5 lockers for every 25
employees are recommended.
• Trusses for south -facing portions of roofs shall be designed to handle dead
weight loads of standard solar -heated water and photovoltaic panels. Roof
design shall include sufficient south -facing roof surface, based on structures size
and use, to accommodate adequate solar panels. For south facing roof pitches,
the closest standard roof pitch to the ideal average solar exposure shall be used.
• Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
• Plant drought tolerant, native shade trees along southern exposures of buildings
to reduce energy used to cool buildings in summer.
• Utilize green building materials (materials which are resource efficient, recycled,
and sustainable) that are available locally if possible.
• Install high efficiency heating and cooling systems.
• Design building to include roof overhangs that are sufficient to block the high
summer sun, but not the lower winter sun, from penetrating south facing
windows (passive solar design).
• Utilize high efficiency gas or solar water heaters.
• Utilize built-in energy efficient appliances (i.e. Energy Star®).
• Utilize double -paned windows.
• Utilize low energy street lights (i.e. sodium).
• Utilize energy efficient interior lighting.
• Install energy -reducing programmable thermostats.
• Use roofing material with a solar reflectance values meeting the EPA/DOE
Energy Star® rating to reduce summer cooling needs.
• Eliminate high water consumption landscape (e.g., plants and lawns) in
residential design. Use native plants that do not require watering and are low
ROG emitting.
• Provide on-site bicycle parking both short term (racks) and long term (lockers, or
a locked room with standard racks and access limited to bicyclist only) to meet
peak season maximum demand. One bike rack space per 10 vehicle/employee
space is recommended.
RESOLUTION NO. 16-2244
PAGE 34
Require the installation of electrical hookups at loading docks and the connection
of trucks equipped with electrical hookups to eliminate the need to operate
diesel -powered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers, or covered racks
/ lockers to service the residential units.
Provide an on-site electrical vehicle charging station.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Building Division; APCD
Timing: Prior to issuance of a Grading Permit or Building Permit
MM IX -1: If dewatering is necessary in areas where groundwater is encountered within
the planned depth of excavation, the applicant shall obtain a permit for discharge of the
extracted groundwater from the RWQCB prior to construction in areas where
dewatering would be required.
MM IX -2: The following water quality BMPs shall be incorporated into the project:
• Roof Downspout System. Direct roof drains to pervious areas to allow infiltration
prior to discharging to water bodies or the municipal storm drain system.
• Run-off Control. Maintain post -development peak runoff rate and average
volume of runoff at levels that are similar to pre -development levels.
• Labeling and Maintenance of Storm Drain Facilities. Label new storm drain inlets
with "No Dumping — Drains to Ocean" to alert the public to the destination of
stormwater and to prevent direct discharge of pollutants into the storm drain.
• Vehicle/Equipment Cleaning. Commercial/industrial facilities or multi -family
residential developments of 50 units or greater shall either provide a covered,
bermed area for washing activities or discourage vehicle/equipment washing by
removing hose bibs and installing signs prohibiting such uses.
Vehicle/equipment washing areas shall be paved designed to prevent run-on or
run off from the area, and plumbed to drain to the sanitary sewer.
• Common Area Litter Control. Implement trash management and litter control for
commercial and industrial projects or large-scale residential developments to
prevent litter and debris from being carried to water bodies or the storm drain
system.
• Food Service Facilities. Design food service facilities (including restaurants and
grocery stores) to have a sink or other area for cleaning floor mats, containers,
and equipments that is connected to a grease interceptor prior to discharging to
the sanitary sewer system. The cleaning area shall be large enough to clean the
largest mat or piece of equipment to be cleaned.
• Refuse Areas. Trash compactors, enclosures and dumpster areas shall be
covered and protected from roof and surface drainage. Install a self-contained
drainage system that discharges to the sanitary sewer if water cannot be diverted
from the areas.
• Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals
stored outdoors must be in containers and protected from drainage by secondary
RESOLUTION NO. 16-2244
PAGE 35
containment structures such as berms, liners, vaults or roof covers and/or drain
to the sanitary sewer system. Bulk materials stored outdoors must also be
protected from drainage with berms and covers. Process equipment stored
outdoors must be inspected for proper function and leaks, stored on
impermeable surfaces and covered. Implement a regular program of sweeping
and litter control and develop a spill cleanup plan for storage areas.
Cleaning Maintenance and Processing Controls. Areas used for washing,
steam cleaning, maintenance, repair or processing must have impermeable
surfaces and containment berms, roof covers, recycled water wash facility, and
discharge to the sanitary sewer. Discharges to the sanitary sewer may require
pretreatment systems and/or approval of an industrial waste discharge permit.
Street/Parking Lot Sweeping: Implement a program to regularly sweep streets,
sidewalks and parking lots to prevent the accumulation of litter and debris.
Debris resulting from pressure washing shall be trapped and collected to prevent
entry into the storm drain system. Wash water containing any cleaning agent or
degreaser shall be collected and discharged to the sanitary sewer.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Engineering Division; Building
Division
Timing: Prior to issuance of a Building Permit
MM XVI -1: The developer shall pay the project's fair share contribution to the City's
Traffic Mitigation Fee Program to mitigate the project's additional impact to East Grand
Avenue/West Branch Street intersection.
MM XVI -2: The developer shall pay all traffic impact fees for Street Improvements and
Traffic Signals for impacts to the overall City circulation network.
MM XVI -3: East Branch Street, east of Mason Street, shall be restriped so that the
westbound left -turn pocket is visually separated from the center turn lane.
MM XVII -1: The project shall incorporate all water consumption strategies, fixtures, and
equipment identified and assumed in the Branch Street Hotel Water Use Analysis,
including Water Conserving Fixtures, Water -Conserving Landscape, High Efficiency
Washing Equipment, and Laundry -to -Landscape waste water system.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; Engineering Division; Building
Division
Timing: Prior to issuance of a Building Permit
EXHIBIT "B"
CITY OF
INITIAL STUDY/
MITIGATED NEGATIVE
RN
DECLARATION
(Full copy on file in the Community Development Department)
Conditional Use Permit 15-007
Lot Merger 15-004
New 51 Room Boutique Hotel
325 East Branch Street
November 2015
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