PC R 23-2391RESOLUTION NO. 23-2391
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL ADOPT A RESOLUTION APPROVING
CONDITIONAL USE PERMIT NO. 23-002 TO IMPLEMENT A
STREAM GAUGE FISH PASSAGE IMPROVEMENT
PROJECT ON PROPERTY LOCATED WITHIN ARROYO
GRANDE CREEK IN PROXIMITY TO CLARENCE AVENUE
AND MYRTLE STREET (APN 077-572-031), APPLIED FOR
BY CREEK LANDS CONSERVATION (CLC)
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Conditional Use Permit No. 23-002, applied for by CLC to modify an existing
broad -crested weir spanning the width of Arroyo Grande Creek; and
WHEREAS, the funding for the project was received from the National Fish and
Wildlife Foundation (NFWF) and the California Department of Fish and Wildlife (CDFW);
and
WHEREAS, CLC applied for and received funding through NFWF and CDFW to
implement the proposed project which will lower the weir and restore reliable access to
3.3 miles of critical steelhead habitat upstream of the barrier; and
WHEREAS, the Planning Commission has reviewed the project in compliance. with
CEQA and has determined that the project is exempt based upon Sections 15301, 15302,
and 15304 of the State CEQA Guidelines; and
WHEREAS, on November 17, 2023, the Planning Commission conducted a duly
noticed: public hearing, to consider the staff report, recommendations by staff, and public
testimony concerning the proposed ordinance. Following the public hearing, the Planning
Commission voted to adopt the Resolution and forwarding a Resolution to the City
Council with a recommendation in favor of its adoption; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande finds, determines, resolves, and recommends:
1. Recitals. All recitals above are true and correct and hereby incorporated by
reference.
2. Recommendation. The Planning Commission hereby recommends that the
City Council adopt the proposed Resolution approving Conditional Use Permit
23-002 to implement a fish passage improvement project.
3. CEQA. This Project is exempt from review under the California
Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines
RESOLUTION NO.23-2391
CUP 23-002
PAGE 2
Section 15301 (Existing Facilities). This exemption consists of the
operation, repair, maintenance or minor alterations to existing public or
private structures involving negligible or no expansion of existing or former
use. This includes maintenance of artificial wildlife waterway devices to
protect fish and wildlife resources. Here, the Project involves the operation,
repair, and minor alteration to the existing stream gauge that involves little to
no expansion of the existing use. Further, the stream gauge will continue to
be used for its original purpose of improving the critical steelhead trout
habitat.
Alternatively, the Project is also exempt from review under CEQA pursuant
to State CEQA Guidelines Section 15302 (Replacement or Reconstruction).
This exemption consists of the replacement or reconstruction of existing
structures where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and
capacity as the structure replaced. The Project will involve the
reconstruction of the stream gauge, located on the same site as the existing
stream gauge, and will have the same purpose of improving the steelhead
trout habitat with the same capacity as the existing structure.
Lastly, the Project is exempt from review under CEQA pursuant to State
CEQA Guidelines Section 15304 (Minor Alterations to Land). This
exemption consists of minor alterations in the condition of land, water, and/or
vegetation which do not involve removal of healthy, mature, scenic trees.
This includes minor alterations in land and water to fish production facilities
which result in improvement of habitat for fish and wildlife resources or
greater fish production. Here, the Project involves reconstruction of the
stream gauge that will lead to the improvement of habitat for the steelhead
trout.
None of the exceptions to the categorical exemptions set forth in State
CEQA Guidelines section 15300.2 have any applicability here. The Project
will not impact any environmental resource of hazardous or critical concern,
will not result in significant cumulative impacts, is not subject to any unusual
circumstances that could result in a significant environmental impact, would
not damage any scenic resources within a scenic highway, is not located on
a hazardous waste site identified on any list compiled pursuant to
Government Code section 65962.5, and would not impact an historical
resource.
912
RESOLUTION NO.23-2391
CUP 23-002
PAGE 4
1,11 it
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ATTEST:
G
- 7z/ -a -
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
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RESOLUTION NO.23-2391
CUP 23-002
PAGE 3
Staff is directed to file the corresponding Notice of Exemption within five
working days from the approval of this Project.
4. Severability. If any section, division, sentence, clause, phrase or portion of
this resolution or the document in the record in support of this resolution is
determined by a court of competent jurisdiction to be invalid, unenforceable,
unconstitutional or otherwise void, that determination shall not affect the
validity of the remaining sections, divisions, sentences, clauses, phrases of
this Resolution.
5. Certification. The Secretary of the Planning Commission shall certify to the
passage, approval, and adoption of this Resolution.
On motion by Vice Chair Berlin, seconded by Chair Maraviglia, and by the following roll call
vote, to wit:
AYES: Berlin, Maraviglia, Buchanan, Roof
NOES: None
ABSENT: Sackrison
The foregoing Resolution was adopted this 7th day of November, 2023.
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RESOLUTION NO.23-2391
CUP 23-002
PAGE 5
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 23-002
AG CREEK STREAM GAUGE REPLACEMENT 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 November 7, 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
Planning Commission at the meeting of November 7, 2023 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 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.
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.
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RESOLUTION NO.23-2391
CUP 23-002
PAGE 6
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. At least thirty (30) days prior to commencement of any earthmoving activities, the
applicant shall notify all neighbors located within a 500' radius of the project area. The
notification shall include information about the construction schedule and location of
the staging area.
13. Prior to issuance of an Encroachment Permit, submit property owner authorization for
staging and construction areas.
14. Construction activities shall be limited to 8:00 AM — 5:00 PM Monday through Friday
(no construction on Saturdays or Sundays).
15. The applicant shall submit evidence of obtaining permits from all resource agencies
that have regulatory authority over this project.
16. The applicant shall submit a Stormwater Pollution Prevention Plan/Erosion Control
Plan prior to any earthmoving activities.
17. The applicant shall restore the site access area to pre -construction condition.
18. The applicant shall coordinate project work with the County Flood Control District.
19. The applicant shall submit a creek bypass plan, including any pumping requirements,
pump hours of operation, pump storage, who to call with noise complaints, and the size
of the pump.
20. The applicant shall adhere to all conditions of approval associated with permits issued
by CDFW, NFWF and other responsible agencies.
21. The applicant shall be responsible for replacing in-kind any fencing that is removed as
part of this project.
RESOLUTION NO.23-2391
CUP 23-002
PAGE 7
EXHIBIT B
PROJECT PLANS
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