R 4565 RESOLUTION NO. 4565
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING CONDITIONAL USE
PERMIT CASE NO. 12-002, VARIANCE CASE NO. 12-004,
AND AMENDED VESTING TENTATIVE TRACT MAP CASE
NO. 12-001 FOR THE CONSTRUCTION OF AN
APPROXIMATELY 55,000 SQUARE-FOOT, 69-BED
ASSISTED LIVING/MEMORY CARE FACILITY AND EIGHT
(8) TOWNHOMES; LOCATED AT 880 OAK PARK
BOULEVARD (SOUTHEAST CORNER OF OAK PARK
BOULEVARD/JAMES WAY INTERSECTION); APPLIED
FOR BY RUSS SHEPPEL
WHEREAS, on May 9, 2006, the City Council adopted Resolution No. 3921 approving
Vesting Tentative Tract Map Case No. 04-006, Planned Unit Development Case No. 04-
005, and Minor Exception Case No. 05-015 for the subdivision of 1.8 acres into 19 lots
and authorizing the development of 24 density equivalent units on real property, located
at 880 Oak Park Blvd., Arroyo Grande, CA (the "subject property"); and
WHEREAS, by State Law, those approvals were extended and are currently entitled
through May 2016; and
WHEREAS, Russ Sheppel (the "applicant") has submitted new applications for a phased
mixed-use project on the subject property seeking development of eight (8) townhomes
and a 55,000 square-foot, 69-bed facility with 44 beds indicated for assisted living use
and 25 beds indicated for Alzheimer's care use; and
WHEREAS, the City Council 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 based on the initial study and
findings has determined that a Mitigated Negative Declaration can be adopted; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered
the project at a duly noticed public hearing in accordance with the Development Code of
the City of Arroyo Grande on January 28, 2014, at which time all interested persons were
given the opportunity to be heard; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
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
RESOLUTION NO. 4565
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this title, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
The proposed assisted living and memory cam facility as well as mixed-
use housing is allowed in the Office Mixed-Use (OMU) zoning district per
section 16.36.030 of the Municipal code and is consistent with
development standards for the OMU zoning district per Municipal Code
Section 16.36.020.H with concurrent approval of a variance for creek
setback reduction from fifty feet (50') to thirty-five feet (35).
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 assisted living and memory care facility as well as mixed-
use housing would not impair the integrity or character of the Office
Mixed-Use zoning district, as it is consistent with the stated purposes of
the OMU zoning district per Municipal Code Section 16.36.020.H.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is 1.8 acres in area in a mixed-use development, which is
permitted in the Office Mixed-Use zoning district and meets applicable
development standards, excepting maximum building size, and Floor Area
Ratio which are allowed by Conditional Use Permit 12-002 and the
minimum creek setback allowed by Variance 12-004.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
Adequate capacity for water, sanitation and public utilities and services
exist to serve the project; therefore, public health and safety will not be
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.
Impacts associated with the proposed use have been adequately
mitigated to ensure the use will not be detrimental to the public health,
safety or welfare nor would it be materially injurious to properties and
improvements in the vicinity.
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Variance Findings:
1. That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary hardship not
otherwise shared by others within the surrounding area.
The strict enforcement of the fifty foot (50') creek setback would require
the complete redesign of the assisted living/memory care facility and
cause further parking and access impacts, resulting in a practical difficulty
or unnecessary hardship not otherwise shared by others within the
surrounding area.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property
that do not apply generally to other properties classified in the same zone.
The constraint of the site resulting from a fifty foot (50') setback from the
top of creek bank is an extraordinary condition that does not generally
apply to other properties in the Office Mixed-Use (OMU) zoning district.
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties classified in the same zone.
Strict enforcement of the fifty foot (50) creek setback would deprive the
applicant of privileges enjoyed by owners of other properties in the Office
Mixed-Use (OMU) zoning district due to the narrowness of the property.
4. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone.
The granting of the variance will not constituted a grant of special
privilege, as few properties within the OMV zone are impacted by lot
narrowness and large creek setback requirements as the subject property.
5. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
The granting of the variance 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 the building will be constructed in
accordance will all applicable California Codes and additional impacts
RESOLUTION NO. 4565
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associated with the proposed use have been adequately mitigated to
ensure this.
6. That the granting of a variance is consistent with the objectives and
policies of the General Plan and the intent of this title.
The granting of the variance is consistent with the objectives and polices
of the General Plan (Land Use Element LU5, LU5-1, LU5-3, and LU5-11)
and the intent of the Development Code (Section 16.44.050.A).
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with goals, objectives,
policies, plans, programs, intent and requirements of the Arroyo Grande
General Plan, as well as any applicable specific plan, and the
requirements of this title.
The proposed tract map is consistent with the goals, objectives, polices,
plans, programs, intent and requirements of the General Plan (Land Use
Element LU5, LU5-1, LU5-3, and LU5-11) and the intent of the
Development Code (Section 16.36.020.H), both of which support the type
of development pmposed.
2. The site is physically suitable for the type of development proposed.
The site is 1.8 acres in area in a mixed-use development which is
permitted in the Office Mixed-Use zoning district following the approval of
a conditional use permit.
3. The site is physically suitable for the proposed density of development.
The site is 1.8 acres in area and is allowed a maximum density of 52.80
equivalent density units. The Development Code provides equivalency
information for residential units in mixed-use districts, which results in a
proposed density equivalency of 35.75 units excluding memory cam
facility, well below the maximum density for the site.
4. The design of the tentative tract map or the proposed improvements are
not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
Impacts associated with the proposed tentative tract map have been
adequately mitigated to ensure it will not cause substantial environmental
damage or substantially and avoidably injure fish, wildlife or their habitat.
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5. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
Impacts associated with the proposed tentative tract map have been
adequately mitigated to ensure it will not cause serious public health
problems.
6. The design of the tentative tract map or the type of improvements will not
conflict with easements acquired by the public-at-large for access through,
or use of property within the proposed tentative tract map or that alternate
easements for access or for use will be provided, and that these
alternative easements will be substantially equivalent to ones previously
acquired by the public.
The design of the tentative map will not conflict with any public
easements; access will be provided from James Way and existing
easements for parking, access, and circulation are required to be updated
and maintained as necessary.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will not result in violation of existing
requirements as prescribed in Division 7 (commencing with Section
13000) of the California Water Code.
The subdivision will abide by all City and South County Sanitation District
standards relating to sewer system design.
8. Adequate public services and facilities exist or will be provided as the
result of the proposed tentative tract map to support project development.
The property is located within close proximity to and will be adequately
served by all necessary public facilities.
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 Conditional Use Permit 12-002, Variance 12-004, and
Amended Vesting Tentative Tract Map 12-001.
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.
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3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the Planning Commission adopts a
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 Planning Commission
finds that said Mitigated Negative Declaration reflects the City's
independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a Mitigated Negative Declaration and approves Conditional Use
Permit 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12-001, 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 Mayor Ferrara, and by the following
roll call vote, to wit:
AYES: Council Members Guthrie, Brown, Bameich, and Mayor Ferrara
NOES: Council Member Costello
ABSENT: None
the foregoing Resolution was adopted this 28th day of January, 2014.
RESOLUTION NO. '/5(o5
PAGE 7
TONY FE YOR
ATTEST:
Sir l �
KELLY TM , C LERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
ndk TIMOT Y J. CAR , CITY ATTORNEY
RESOLUTION NO. 4565
PAGE 8
EXHIBIT 'A'
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 12-002, VARIANCE 12-004,
AND AMENDED VESTING TENTATIVE TRACT MAP 12-001
880 OAK PARK BOULEVARD
The approval authorizes the subdivision of a 1.8-acre property into ten (10) lots, and
development of eight (8) townhomes and a 55,000 square-foot, 69-bed residential care
facility including twenty-five (25) Alzheimer's care units and forty-four (44) assisted
living units. Also approved is a reduction of creek setback requirements to thirty-five
feet (35') from the top of creek bank and a maximum Floor Area Ratio of 1.05.
COMMUNITY DEVELOPMENT DEPARTMENT
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 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12-
001.
3. This approval shall automatically expire on January 28, 2016 unless the final
map is recorded or an extension is granted pursuant to section 16.12.140 of the
Development Code.
4. The applicant shall, as a condition of approval of this tentative or final map
application, defend, indemnify and hold harmless the City of Arroyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the City, its past or present agents, officers, or employees to
attack, set aside, void, or annul the City's approval of this subdivision, which action
is brought within the time period provided for by law. This condition is subject to
the provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at its meeting of January 28, 2014 and marked as Exhibit B,
which are on file in the Community Development Department.
6. Development shall conform to the Office Mixed-Use (OMU) zoning district
standards except as otherwise approved.
7. All conditions of approval and mitigation measures for the project shall be
included in construction drawings.
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DEVELOPMENT CODE:
8. For zero lot line projects where detached dwelling units are to be constructed
upon a lot line, a five-foot maintenance easement shall be provided on the
adjacent lot, along, and parallel to, the zero lot line dwelling. The easement shall
grant access to the owner of the zero lot line dwelling for purposes of maintaining
the zero lot line walls.
9. A property owners' association and covenants shall be established to ensure that
common areas are maintained by property owners.
a. The homeowners association must be established before the homes are
sold;
b. Membership must be mandatory for each home buyer and any successive
buyer;
c. The open space restrictions must be permanent;
d. The association must be responsible for liability insurance, local taxes,
and the maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the property if
allowed in the master deed establishing the homeowners association; and
f. The association must be able to adjust the assessment to meet changed
needs.
SPECIAL CONDITIONS:
10. Consistent with the City's Inclusionary Housing Provisions, the project shall
restrict five percent (5%) of the townhomes, or 0.4 townhomes, to qualified
families earning a very low-income, or restrict ten percent (10%) of the
townhomes, or 0.8 townhomes, to qualified families earning a lower-income
(based on the City's affordable housing standards). The applicant may pay an
affordable housing in-lieu fee instead of restricting the townhomes.
11. The Final Map shall show an irrevocable offer to dedicate the 35' creek setback
area to the City.
12. The Final Map shall show an irrevocable offer to dedicate the pedestrian path to
the City.
13. Prior to the issuance of a building permit, the applicant shall record a new,
non-exclusive pedestrian trail easement that coincides with the project plans.
This easement instrument shall be to the satisfaction of the City Attorney. The
applicant shall submit construction plans for the pedestrian trail for review and
approval by the Community Development and Public Works Departments.
14. Prior to issuing a certificate of occupancy, the developer shall install the
pedestrian trail in accordance with the approved construction plans.
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15. The pedestrian trail shall connect the public sidewalk on James Way by means
of an ADA ramp and stairs.
16. Only native riparian plants shall be planted within the 35' creek setback area.
Detailed planting plans shall be submitted in advance of or concurrent with
improvement plans.
17. Signs shall be posted prohibiting the use of herbicides or other toxic substances
potentially harmful to creek habitat.
18. No lighting other than that approved on the care facility shall be installed
adjacent to the creek.
19. The applicant shall submit documentation submitted to the U.S. Army Corps of
Engineers to satisfy requirements outlined in the "Wetland Mitigation Plan" prior
to improvement plan review.
20. The project shall provide bicycle parking in a location acceptable to the
Community Development Director.
21. Fencing shall be installed along the pedestrian creek path that does not prohibit
migration of fauna between the path and riparian area.
22. All impact trees shall be a minimum 36" box in size.
23. The applicant shall demonstrate to the satisfaction of the Public Works Director
that the turning radiuses within the project site can accommodate a range of
vehicles from large trucks and buses, to cars, or the project shall return to the
City Council for additional review and modification.
24. The applicant shall demonstrate to the satisfaction of the Fire Chief that the
turning radiuses within the project site can accommodate the Fire apparatus.
25. Speed bumps shall be installed between the hotel gate and the third townhouse.
26. Any modification to the conceptual plans that is determined not to be in
substantial conformance shall be reviewed by the Architectural Review
Committee and approved by the Community Development Director.
27. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
28. The developer shall comply with Development Code Chapter 16.64,
"Dedications, Fees and Reservations".
29. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
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30. All fire department connections 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.
31. All electrical panels shall be architectural integrated into the buildings.
32. All solid surfaces placed in the 35' creek setback, including but not limited to
• walking paths, patios, and parking lots, shall be of pervious materials, including
but not limited to pervious pavers, pervious concrete, or pervious asphalt.
33. No Certificate of Occupancy for the townhomes will be issued prior to the
issuance of a building permit for the care facility.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
34. The lower sign to identify the Plaza shall be retitled, removed or relocated, or a
new sign shall be placed at the top entrance near Oak Park Boulevard to indicate
the professional center and/or fitness club.
35. Windows and similar architectural details shall be placed at the ends of the care
facility building and the ridgeline should have cupolas installed for venting.
36. Prior to the issuance of a building permit, the final landscape plan for the
project, including riparian revegetation, shall be submitted to the ARC for review
prior to approval by the Director of Community Development.
PLANNING COMMISSION CONDITIONS
37. Vehicular egress though the lower (easterly) driveway shall be limited to
emergency vehicles due to safety concerns.
38. Proposed directional sign #1 shall be modified to state that only emergency
vehicles may exit through the lower (easterly) driveway.
39. Proposed directional signs #4 and #6 shall be removed.
ENGINEERING DIVISION CONDITIONS:
GENERAL CONDITIONS
40. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for 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.
RESOLUTION NO. 4565
PAGE 12
41. Prior to the issuance of a grading permit, the developer shall submit one (1)
copy of the final project-specific Storm Water Pollution Prevention Plan (SWPPP)
consistent with the Regional Water Quality Control Board (RWCB) requirements.
42. A grease interceptor shall be required for the proposed care center.
43. The applicant shall show trash enclosures on improvement plans to the
satisfaction of the Community Development Director.
NOISE
44. All residential units shall be designed to mitigate impacts from non-residential
project noise, in compliance with the City's noise regulations.
IMPROVEMENT PLANS
45. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
46. The Developer shall submit three (3) full-size paper copies and one (1) full-size
mylar copy of approved improvement plans for inspection purposes during
construction.
47. The Developer shall 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.
48. The following Improvement plans shall be prepared by a registered Civil Engineer
and approved by the 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. Any other improvements as required by the Community Development
Director.
49. 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.
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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.
50. Improvement plans shall include plan and profile of existing and proposed on and
off-site utilities and retaining walls.
51. Landscape and irrigation plans are required within the public right of way. The
Public Works Director shall approve the irrigation plan.
WATER
52. Non-potable water is available at the Soto Sports Complex. The City of Arroyo
Grande does not allow the use of hydrant meters.
53. Townhomes will require individual water meters and sewer laterals.
54. Lots using fire sprinklers shall have individual service connections. A fire sprinkler
engineer shall determine the size of the water meters.
55. Utilities to this project have been stubbed out with the prior mixed-use project. The
developer shall be required to use these existing stubbed out utilities on James
Way. No work shall be permitted on James Way.
56. The applicant shall pay a water neutralization fee for each new residential unit.
SEWER
57. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with the Standard Plans.
58. Sewer to this project has been stubbed out with the prior mixed-use project. The
applicant shall utilize these utilities and shall not be permitted to do work on James
Way.
59. The Developer shall obtain approval from the South County Sanitation District for
the development's impact to District facilities prior to building permit issuance.
60. The Developer shall mitigate lift station #1 CIP force main replacement.
PUBLIC UTILITIES
61. The Developer shall underground all existing and new public utilities in accordance
with Section 16.68.050 of the Development Code.
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62. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREETS
63. No work shall be permitted on James Way.
CURB, GUTTER, AND SIDEWALK
64. The Developer shall utilize saw cuts for all repairs made in curb, gutter, and
sidewalk.
65. The Developer shall install ADA compliant facilities where necessary. Ramps on
James Way shall be brought up to the City and State standards including the ramp
at the intersection of James Way and Oak Park Blvd. Decorative crosswalks shall
be installed across driveway aprons along James Way.
66. The Developer shall install tree wells for all trees planted adjacent to curb, gutter
and sidewalk to prevent damage due to root growth. Root barriers are to be
installed on the sidewalk side of tree wells per City standards.
67. 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
GRADING
68. The Developer shall perform all grading in conformance with the City Grading
Ordinance including setback for cut or fills.
69. The Developer shall submit a preliminary soils report prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
70. The Developer shall submit all retaining wall calculations for review and approval
by the Community Development Director for walls not constructed per City
standards.
71. Existing 24" CMP pipe behind the building shall be removed and replaced with
HDPE.
72. The Developer shall provide outlet structure for Meadow Creek storm drain. A
stormceptor and or clarifier for storm drain leading to Meadow Creek shall be
required.
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DRAINAGE
73. All on-site and off-site drainage facilities shall be designed to accommodate a 100-
year storm flow. The applicant shall provide detailed drainage calculations
indicating that increased run-off can be accommodated by existing facilities and/or
provide on-site retention basins, to the satisfaction of the Director of Community
Development.
74. The project is in Drainage Zone C. Infiltration basins will be required so that peak
storm flows do not exceed the existing Oak Park Blvd basin capacity.
75. Infiltration basins shall be designed based on soil tests. Infiltration tests 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.
76. All drainage facilities shall be in accordance with the Drainage Master Plan.
77. The applicant shall provide on-site storm water retardation facilities designed and
constructed to Public Works and Community Development requirements, and the
following:
a. The facilities shall be designed to reduce the peak flow rate from a post-
development 100 year storm.
b. The 100 year basin outflow shall not exceed the pre-development flow.
c. The 100 year basin outflow shall be limited to a level which does not
cause the capacity of existing downstream drainage facilities to be
exceeded.
d. The basin design shall include freeboard equal to 20 percent of the
basin depth, to a minimum of 12 inches.
e. The basin shall be fully constructed and functional prior to occupancy for
any building permit within the project.
f. The basin shall be maintained by the City. The applicant shall enter into
an agreement to fund the maintenance of the basin. The funding
agreement shall be approved by the City Attorney and shall be
recorded.
g. The basin shall be maintained by a homeowner's association. The City
shall approve the related language in the association CC&Rs prior to
recordation.
h. The basin design shall include landscaping and irrigation.
i. The basin shall be fenced around the perimeter. Fencing shall be
subject to the review and approval of the Community Development
Director and the Public Works Director.
78. The applicant shall submit an engineering study regarding flooding related to the
project site as directed by the Director of Public Works. Any portions of the site
RESOLUTION NO. 4565
PAGE 16
subject to flooding from a 100-year storm shall be shown on the plans and shall be
noted as a building restriction.
79. 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.
80. The project shall comply with the Regional Water Quality Control Board Low
Impact Development requirements. Currently the City is utilizing Guidelines that
include calculations by the applicant of the additional stormwater runoff that will
be generated by their project. With that information the applicant will develop a
plan for handling on-site drainage including a determination of how much runoff it
may be possible to percolate, or store for irrigation purposes, or otherwise use
on site. Stormwater runoff that cannot be retained on site for percolation or use
must be treated through the use of bioswales and then directed into the
appropriate drainage system described in the Drainage Master Plan.
DEDICATIONS AND EASEMENTS
81. Reciprocal access and maintenance agreement will be required for the proposed
project and the adjacent businesses using the existing parking area.
82. All existing underlying lot lines shall be merged.
83. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 1/2 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
84. 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.
85. The property owner shall be responsible for maintaining the creek path and
vegetation until the offer of dedication is accepted by the City.
PERMITS
86. 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.
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87. Obtain a grading permit prior to commencement of any grading operations on site.
FEES
88. Pay all required City fees at the time they are due.
89. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction
cost estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Map check for tentative tract map based on the engineer's cost
estimate.
e. Inspection fee of subdivision or public works construction plans based
on an approved construction cost estimate.
90. Impact fees for Lift Station #1 force main replacement shall be as determined by
the Public Works Director.
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A)Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
RESOLUTION NO. 4565
PAGE 18
(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.
AGREEMENTS
91. 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.
92. Subdivision Improvement Agreement: The applicant shall enter into an
agreement for the completion and guarantee of improvements required. The
agreement shall be on a form acceptable to the City.
93. Covenants, Conditions, and Restrictions: The subdivider shall prepare project
CC&Rs for maintenance and repair of all privately owned improvements. The
CC&Rs shall be subject to the review and approval of the City Attorney and the
Director of Public Works.
IMPROVEMENT SECURITIES
94. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
95. Submit an engineer's estimate of quantities for public improvements for review by
the Community Development Director.
96. 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
RESOLUTION NO. 4565
PAGE 19
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 Director of Public Works a letter assuring that all
monumentation has been set.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
97. All utilities shall be operational.
98. 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.
99. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City.
BUILDING AND LIFE SAFETY DIVISION AND FIVE CITIES FIRE AUTHORITY
CONDITIONS:
92. All buildings shall comply with the latest adopted California Codes.
93. The applicant shall pay all applicable development impact fees prior to the
issuance of a building permit.
94. At least one (1) covered passenger loading zone complying with Section 11B-
503 of the California Building Code shall be provided at an accessible entrance
to licensed medical care and licensed long-term care facilities where the period
of stay may exceed twenty-four hours.
95. The project shall provide complete compliance with State and Federal disabled
access requirements. Per S.B. 1025, 10% of the primary entry levels of
multistoried dwelling units must comply with the HCD's accessibility provisions.
96. The applicant shall show all setback areas for each lot on the amended tentative
tract map prior to map recordation.
97. The creek side of the care facility building is adjacent to wildland where the
opportunity for conflagration exists. The building shall be built following the
Wildland Urban Interface requirements of the CBC Chapter 7A.
RESOLUTION NO. 4565
PAGE 20
98. The developer shall provide a Fire Department turnaround or provide access
through the hotel site subject t
99. o approval by the Fire Chief.
FIRE LANES
100. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
101. All fire lanes must be posted and enforced, per Police Department and Five Cities
Fire Authority guidelines.
102. In accordance with the California Fire Code, appendix D105, buildings or portions
of buildings exceeding 30 feet in height above the lowest level of fire department
vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. The width of these
roadways shall be 26 feet exclusive of shoulders, in the immediate vicinity of any
building or portion of building more than 30 feet in height. At least one of these
aerial access roadways shall be located a minimum of 15 feet and a maximum of
30 feet from the building, and shall be positioned parallel to one entire side of the
building.
FIRE FLOW/FIRE HYDRANTS
103. Project shall have a fire flow based on the California Fire Code Appendix III-A.
104. Prior to bringing combustibles on site, fire hydrants shall be installed per Five
Cities Fire Authority and Public Works Department standards. Locations shall be
approved by the Fire Chief.
105. The developer shall provide a fire hydrant on the James Way end of the property
at the location where the existing 8 inch ACP water main was to be abandoned.
The Double Detector Check Valve Assembly (DDCVA) and Fire Department
Connection (FDC) shall be located on the James Way side of the building.
FIRE SPRINKLERS
106. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
107. The project shall provide Five Cities Fire Authority approved access and sprinkler
system per National Fire Protection Association Standards 13d or 13R as
appropriate.
RESOLUTION NO. 4565
PAGE 21
108. The covered parking area must be fire sprinklered and sized to allow the passage
of a fire apparatus 20 feet in width with 13 feet 6 inch minimum head clearance.
ABANDONMENT/NON-CONFORMING
109. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
OTHER APPROVALS
110. The project shall comply with Federal and local flood management policies.
111. Any review costs generated by outside consultants shall be paid by the applicant.
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 I-1: The applicant shall submit a lighting plan verifying that all exterior
lighting for the development is directed downward and does not create spill or
glare to adjacent properties and riparian habitat.
MM III-1: Based on the recommendation by the APCD, the applicant shall
demonstrate how the construction phase impacts will be below the level of
significance as identified in the APCD's CEQA Handbook prior to grading permit
issuance and at least three months before construction activities are to begin.
MM 111-2: 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:
a. Maintain all construction equipment in proper tune according to
manufacturer's specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB
certified motor vehicle diesel fuel (non-taxed version suitable for use off-
road);
c. 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;
RESOLUTION NO. 4565
PAGE 22
d. 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;
e. 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;
f. 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;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and
k. Use alternatively fueled construction equipment on-site where feasible,
such as compressed natural gas (CNG), liquefied natural gas (LNG),
propane or biodiesel.
MM 111-3: Prior to any construction activities at the site, the project proponent
shall ensure that a geologic evaluation is conducted to determine if Naturally
Occurring Asbestos (NOA) is present within the area that will be disturbed. If
NOA is not present, an exemption request must be filed with the APCD. If NOA
is found at the site, the applicant must comply with all requirements outlined in
the Asbestos Air Toxins Control Measure (ATCM) regulated by the California Air
Resources Board (ARB) and may require development of an Asbestos Dust
Mitigation Plan and an Asbestos Health and Safety Program for approval by the
APCD.
MM 1114: Prior to any demolition activities or the removal or relocation of utility
pipelines at the site, if necessary, the project proponent shall notify the APCD to
ensure the activities occur in accordance with the requirements stipulated in the
National Emission Standard for Hazardous Air Pollutants (NESHAP).
MM 111-5: The following mitigation measures shall be implemented during
construction to manage fugitive dust emissions such that they do not exceed the
APCD 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD
Rule 402):
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering frequency will be
required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible;
c. All dirt stockpile areas should be sprayed daily as needed;
RESOLUTION NO. 4565
PAGE 23
d. Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as
possible, following completion of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading shall be sown with a fast germinating,
non-invasive, grass seed and watered until vegetation is established;
f. 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 APCD;
g. All roadways, driveways, sidewalks, etc. 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 o soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
i. All trucks hauling dirt, sand, soil or other loose materials shall be covered
or shall maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section
23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site;
k. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be
used where feasible;
I. All PM,o mitigation measures required shall be shown on grading and
building plans; and
m. The contractor or building 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 20% opacity. 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 Divisions prior to the start of any grading, earthwork or
demolition.
MM III-6: Prior to any construction activities on the site, the project proponent
shall contact the APCD Engineering Division to obtain all necessary permits for
portable equipment used during the construction and operational phases of the
project. Typical equipment requiring a permit includes, but is not limited to, the
following:
• Diesel engines;
• Portable generators and equipment with engines that are 50 horsepower
or greater;
• Electrical generation plants or the use of standby generators; and
• Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch
plant, etc.
RESOLUTION NO. 4565
PAGE 24
MM 111-7: Proposed truck routes shall be evaluated and selected to ensure
routing patterns have the least impact to residential dwellings and other sensitive
receptors, such as schools, parks, daycare centers, nursing homes, and
hospitals.
MM 1114: 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.
MM IV-1: The applicant shall revegetate the 0.18-acre mitigation area as outlined
in the "Wetland Mitigation Plan" prepared by the Morro Group, Inc., dated May
21, 2002. Any plants that do not survive shall be replaced in kind and monitored
until established. Temporary irrigation shall be provided for all planting areas for
three (3) years or until plants are established. An independent consultant
specializing in biological resources shall be hired by the City and paid for by the
applicant to monitor the mitigation for a minimum of five (5) years.
MM IV-2: The applicant shall consult and coordinate with the Regional Water
Quality Control Board (RWQCB) and the United States Corps of Engineers
(USACE) regarding the project. The applicant shall obtain all permits required
for the construction, operation, or mitigation of the project. If permits are not
required, the applicant shall provide written verification as such from the
appropriate agency.
MM IV-3: The applicant shall obtain compliance with Section 1602 of the
California Fish and Game Code (Streambed Alteration Agreements) in the form
of a completed Streambed Alteration Agreement or written documentation from
the CDFG that no agreement would be required. Should an agreement be
required, the applicant shall implement all the terms and conditions of the
agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration
Agreement process encourages applicants to demonstrate that the proposed
project has been designed and will be implemented in a manner that avoids and
minimizes impacts on riparian habitat and the stream zone.
MM IV-4: All non-native plant species shall be eliminated from the 35' wide creek
setback area.
RESOLUTION NO. 4565
PAGE 25
MM IV-5: The developer shall record an irrevocable offer of dedication open
space agreement and thirty-five foot (35') creek easement on the property
measured from top of bank. No structures shall occur within the 35' creek
setback area, in accordance with Section 16.44.050 of the Municipal Code.
MM IV-6: Siltation/sedimentation control measures shall be implemented along
the entire eastern property boundary prior to site construction. Such control
measures shall include sediment fences and/or hay bales placed into the crux of
the bank of Meadow Creek. Erosion/sediment control barricades shall be placed
around the perimeter of each construction zone with the potential to drain to
Meadow Creek.
MM IV-7: Soil shall not be stockpiled in areas located near the eastern property
margin adjacent to Meadow Creek, or in areas that have potential to drain to
Meadow Creek. Stockpiled soil should be properly covered at all times to avoid
wind and water erosion, and consequent siltation to Meadow Creek.
MM IV-8: No heavy equipment shall be allowed within the Meadow Creek
corridor.
MM V-1: If a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius
of the find shall cease until a qualified archaeologist determines whether the
uncovered resource requires further study. A standard inadvertent discovery
clause shall be included in every grading and construction contract to inform
contractors of this requirement. Any previously undiscovered resources found
during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of
California Environmental Quality Act criteria by a qualified archaeologist.
Potentially significant cultural resources consist of, but are not limited to, stone,
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
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 immediately. 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.
RESOLUTION NO. 4565
PAGE 26
MM VI-1: All construction plans shall incorporate the recommendations of the
soils engineering report prepared for the project site by Earth Systems Pacific
dated October 30, 2006.
MM VII-1: All construction plans shall reflect the following GHG-reducing.
measures where applicable. Prior to issuance of building permits, the applicant
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 should provide 50% tree
coverage within 10 years of construction using low ROG emitting, low
maintenance native drought resistant trees.
• Provide conduit for future fueling of electric vehicles (one space in parking
area).
• 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) 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.
RESOLUTION NO. 4565
PAGE 27
• 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.
• 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.
MM IX-1: A Stormwater Pollution Prevention Plan (SWPPP) shall be developed
and implemented in consultation with the City, Regional Water Quality Control
Board (RWQCB), and other regulatory agencies. The SWPPP shall include
BMPs to reduce potential impacts to surface water quality through the
construction and life of the project. The SWPPP shall adhere to the following
requirements:
• The SWPPP shall include measures to avoid creating contaminants,
minimize the release of contaminants, and water quality control measures
to minimize contaminants from entering surface water or percolating into
the ground.
• The water quality control measures shall address both construction and
operations periods.
• Fluvial erosion and water pollution related to construction shall be
controlled by a construction water pollution control program that shall be
filled with the appropriate agency and kept current throughout any site
development phase.
• The water pollution prevention program shall include BMPs, as
appropriate, given the specific circumstances of the site and project.
• The SWPPP shall be submitted for review and approval to the RWQCB.
• A spill prevention and countermeasure plan shall be incorporated into the
SWPPP.
• Designation of equipment and supply staging and storage areas at least
150 feet from the outside edge of the Meadow Creek 35-foot setback
area. All vehicle parking, routine equipment maintenance, fueling, minor
repair, etc., and soil and material stockpile, shall be done only in the
designated staging area.
• Major vehicle/equipment maintenance, repair, and equipment washing
shall be performed off site.
• A wet and dry spill cleanup plan that specifies reporting requirements and
immediate clean up to ensure no residual soil, surface water or
groundwater contamination would remain after clean up.
•
RESOLUTION NO. 4565
PAGE 28
• Designating concrete mixer washout areas at least 100 feet from the
outside edge of the Meadow Creek 35-foot setback with the use of
appropriate containment or reuse practices.
• A temporary and excess fill stockpile and disposal plan that ensures that
no detrimental affects to receiving waters would result.
• Requiring all grading and application of concrete, asphalt, etc. to occur
during the dry season from April 15 to October 15.
• Required site preparation and erosion control BMPs for any work that may
need to be completed after October 15.
MM IX-2: To reduce erosion hazards due to construction activities, grading shall
be minimized and project applicants shall use runoff and sediment control
structures, and/or establish a permanent plant cover on side slopes following
construction.
MM IX-3: Erosion control and bank stabilization measures shall be implemented
to ensure that the creek bank does not erode. In addition, alternative bank
protection methods, such as restoration of native vegetation, root wads, or other
bioengineering methods of stabilization, shall be used whenever possible. In
order to reduce long-term effects of soil compaction and changes in topography,
construction vehicles and personnel shall not enter the low flow channel and wet
areas. Construction mats and other devices shall be used whenever possible to
reduce impacts associated with soil compaction.
MM IX-4: All temporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours
and topography.
MM IX-5: No construction debris or materials shall be allowed to enter the creek
bed, either directly or indirectly. Stockpiles shall be kept far enough from the
banks of the active channel and protected to prevent materials from entering the
creek bed.
MM IX-6: The following water quality BMPs shall be incorporated into the
project:
• 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 and
existing 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.
• Common Area Litter Control. Implement a trash management and litter
control program to prevent litter and debris from being carried to water
bodies or the storm drain system.
RESOLUTION NO. 4565
PAGE 29
• Food Service Facilities. Design the food service facility 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 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, and 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 should be trapped
and collected to prevent entry into the storm drain system. Washwater
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 6
p.m. Monday through Friday. No construction shall occur on Saturday or
Sunday. Equipment maintenance and servicing shall be confined to the same
hours. To the greatest extent possible, grading and construction activities should
occur during the middle of the day to minimize the potential for disturbance of
neighboring noise sensitive uses.
MM XII-2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
RESOLUTION NO. 4565
PAGE 30
MM XII-3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School
District impact fee.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4565 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
28th day of January, 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of
January 2014.
e 011 1G(4.61.1e-e--
KELLY RE, CITY CLERK