R 5312 RESOLUTION NO. 5312
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT 23-001 AND GRANTING A FEE WAIVER FOR THE
ASSOCIATED APPLICATION FEES; LOCATION — AN
APPROXIMATELY ONE-MILE STRETCH OF CORBETT
CREEK BETWEEN EAST BRANCH STREET AND 379
CORBETT CANYON ROAD; APPLICANT— COASTAL SAN
LUIS RESOURCE CONSERVATION DISTRICT
WHEREAS, the project site is an approximately one-mile stretch of Corbett Creek located
between East Branch Street and 379 Corbett Canyon Road, and
WHEREAS, the applicant has filed Conditional Use Permit 23-001 to complete a
comprehensive restoration project; and
WHEREAS, the Staff Advisory Committee considered the project on September 8, 2022
and February 2, 2023 and recommended approval of the project; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA)
Guidelines, staff conducted an Initial Study (IS) and prepared a Mitigated Negative
Declaration (MND)and Mitigation Monitoring and Reporting Program(MMRP). The IS/MND
was reviewed by the Planning Commission on April 16, 2013. Due to the age of the
environmental document, the applicant prepared an addendum to the IS/MND. The
previously certified IS/MND, the MMRP and the addendum are included as Exhibits "B" and
"C" and "D," respectively, in this attached Resolution; and
WHEREAS, the City has limited approval and implementing authority over the project, and
thus is a "responsible agency"for the project pursuant to the requirements of CEQA and the
terms of the Addendum to the IS/MND; and
WHEREAS, all the procedures of CEQA have been met, and the MND prepared in
connection with the project is sufficiently detailed so that all the potential effects of the project
on the environment and measures necessary to avoid or substantially lessen such effects
have been evaluated in accordance with CEQA; and
WHEREAS,the Planning Commission of the City of Arroyo Grande has reviewed the project
at a duly noticed public hearing on June 6, 2023; and
WHEREAS,the City Council of the City of Arroyo Grande has reviewed the project at a duly
noticed public hearing on July 25, 2023; and
WHEREAS, the City Council finds, after due study, deliberation, public hearing and finding
all legal other prerequisites to the adoption of this Resolution have occurred, the following
circumstances exist, and the Recitals herein incorporated by reference:
1. Environmental Determination. As responsible agency, the City Council of Arroyo Grande has
determined the addendum to the previously certified IS/MND, the MMRP and the addendum,
RESOLUTION NO. 5312
PAGE 2
included as Exhibits "B" and "C" and "D," respectively in this attached Resolution, is adequate foi
use by the City, consistent with Cal. Code Regs. tit. 14 § 15096.
2. Conditional Use Permit Findings:
1. 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 use of the site fora restoration project is permitted with approval
of a conditional use permit by the City Council after receiving a
recommendation from the Planning Commission and the project complies
with all applicable provisions of the Arroyo Grande General Plan and
Municipal Code.
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 the site for a creek restoration project will not impair the
integrity of the project site due to the intent of the project to return the site to
its natural condition.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is an approximately one-mile stretch of Corbett Creek, which is
suitable for a creek restoration project and meets the development standards
of the Arroyo Grande Municipal Code.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The project involves restoring a one-mile section of creek to a natural state.
Based on the project description, no utilities will be required at the site. No
aspect of the proposed project is anticipated to be overly impactful to the
existing services. Conditions of approval developed for the project will
additionally ensure public services are minimally impacted.
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 materially injurious to properties or improvements in the vicinity,
as it will comply conditions of approval specifically developed for the project.
3. Fee Waiver.
1. The proposed fee waiver request may be granted by the City Council because
RESOLUTION NO. 5312
PAGE 3
the project:
a. Serves a public purpose of promoting the public health, safety, and
general welfare by;
i. Reducing the expenditure of public money for costly flood
control projects;
ii. Reducing the need for rescue and relief efforts associated with
flooding and generally undertaken at the expense of the general
public;
iii. Reducing damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines; and streets
and bridges located in areas of special flood hazard;
b. Serves a public purpose by safeguarding important environmental and
sensitive biological resources contributing to a healthy, functioning
ecosystem; and
c. Is proposed by the San Luis Coastal Resource Conservation District,
a special district established by California law that does not receive
annual local tax base but relies on grants, service contracts, and
private donations to protect and enhance natural resources through
education, restoration, conservation, and collaboration with local
stakeholders.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby approves Conditional Use Permit 23-001 as set forth in Exhibits "B," "C," and "D",
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 Council Member Guthrie, seconded by Council Member Secrest, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Secrest, George, Bameich, and Mayor Ray Russom
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 25th day of July, 2023
RESOLUTION NO. I .
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CAREN RAY 'US •M, MAYOR
ATTEST:
JESSICA5aialkivaistk_
SONLERK
APPROVED AS TO CONTENT:
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WHITNEY 41,D• L i, CITY MANAGER
APPROVED AS TO FORM:
ISAA OSE , ITY ATTORNEY
RESOLUTION NO. 5312
PAGE 5
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 23-001
CORBETT CREEK RESTORATION PROJECT
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
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
23-001.
3. This application shall automatically expire on July 25, 2025 unless a Lake and
Streambed Alteration permit is issued by the California Department of Fish and
Wildlife (CDFW). Thirty(30)days prior to the expiration of the approval, the applicant
may apply for an extension of one (1) year from the original date of expiration.
4. Development shall occur in substantial conformance with the plans presented to the
City Council at the meeting of July 25, 2022 and marked Exhibit B.
5. 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.
6. A copy of these conditions shall be incorporated into all construction documents.
7. At the time of application for construction permits, plans submitted shall show all
development consistent with the approved site plan, floor plan,architectural elevations
and landscape plan.
8. 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
RESOLUTION NO. 5312
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Code Section 16.08.100.
GENERAL CONDITIONS
9. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
10. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
11. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way (City, County and/or Caltrans).
12. The approval shall be considered vested after completion of the first phase of
construction.
OFFICIAL CERTIFICATION
I, SARAH LANSBURGH, Deputy City Clerk of the City of Arroyo Grande, County of
San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the
attached Resolution No. 5312 was passed and adopted at a regular meeting of the City
Council of the City of Arroyo Grande on the 25th day of July, 2023.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th day of
July, 2023.
SARAH LANSB. GH, DE? TY CITY CLERK