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CC 2015-03-24_09a Amended CUP Oak Park Professional Plaza
/pRRO y0 INCORPORATED 9Z U D rn * JULY 10. 1911 C, MEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MATTHEW DOWNING, ASSISTANT PLANNER SUBJECT: CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001; LOCATION — OAK PARK PROFESSIONAL PLAZA (APNs 007 - 771 -053, -062, AND -072); APPLICANT — RUSS SHEPPEL DATE: MARCH 24, 2015 RECOMMENDATION: It is recommended by the Planning Commission that the City Council approve the proposed modifications to an approved project by adopting a Resolution approving Amended Conditional Use Permit Case No. 15 -001, Variance Case No. 15 -001, and Lot Merger Case No. 15 -001 for the construction of an approximately 55,000 square -foot, 70 -bed assisted living /memory care facility and sixteen (16) unit independent living facility. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There may be additional City costs of approximately $200 per month associated with landscape and pedestrian path maintenance within the creek setback area if the City accepts the offer of dedication. BACKGROUND: This project is an integral part of a prior Planned Development (PD -1.1) area, and therefore requires City Council action to amend the previously approved plan. The project site is located within the Oak Park Professional Plaza (the "Plaza ") on the southeast corner of James Way and Oak Park Boulevard in the Office Mixed -Use (OMU) zoning district. The 3.74 -acre Plaza is developed with two medical office buildings and a health club (Kennedy Club Fitness). Surrounding the Plaza is a church to the North, the Best Western Casa Grande Inn to the South, Meadow Creek and Leisure Gardens condominiums to the East, and commercial development within the City of Pismo Beach to the West. The 1.8 acre site is constrained by an existing access from James Way and a fifty -foot (50') setback from Meadow Creek, leaving a narrow strip approximately forty -feet (40') wide for development. On January 28, 2014 the City Council adopted Resolution No. 4565 approving Conditional Use Permit 12 -002, Variance 12 -004, and Amended Vesting Tentative Tract Item 9.a. - Page 1 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 2 Map Case No. 12 -001 (Attachment 1). These approvals allowed the construction of a 55,000 square -foot memory care facility and eight (8) townhomes (see Sheet A1.0 of Attachment 15 for the approved site plan). The project also included a thirty -five foot (35') setback from the top of the Meadow Creek bank. During processing of the permits, it was discovered that several private easement issues exist on the project site to the benefit of several of the other businesses in the area, including the Best Western Casa Grande Inn. Deliberations included the need to address and resolve these easement issues prior to construction of the project. The applicant is requesting an amendment to the approved project. This includes modifying the ingress /egress routes on the site, parking space numbers and locations, assisted living facility design and location to the Meadow Creek top of bank, and changing the approved townhomes to an independent living facility. Item 9.a. - Page 2 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 3 The proposed project encompasses the same 1.8 acres as the previously approved project. The site is generally bordered by Kennedy Club Fitness and the Sheppel Medical Center to the north, another medical facility to the west, Casa Grande Inn and Kmart to the south, and Meadow Creek and a residential development to the east. The property is zoned Office Mixed -Use (OMU). The site also slopes from Oak Park Boulevard to Meadow Creek. Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the proposed project amendment on January 14, 2015. Members of the SAC discussed different issues related to the project, including ensuring proper turning radius from James Way for the Five Cities Fire Authority, proper signage to allow improperly parked vehicles to be towed, and location and maintenance of the creek side path. Overall, members of the SAC were in support of the proposed project amendment and conditions of approval have been included in the proposed Resolution. Architectural Review Committee The Architectural Review Committee (ARC) reviewed the proposed project on February 2, 2015 (Attachment 2). Committee members discussed issues surrounding the project, including implementation of Low Impact Development features as much as possible on site, maintaining the assisted living building at the previously approved 37' height limit instead of the proposed 39', the need to install the creek side path during construction of the project, and the need for the proposed use in the community. The ARC recommended approval of the project with conditions addressing the maximum height of the building and creek setback reduction. Staff has added these to the previous ARC conditions that have not yet been addressed by the applicant and included them in the proposed Resolution. Planning Commission The Planning Commission reviewed the proposed project on March 3, 2015 (Attachment 3). The Planning Commission was in support of the project as presented, but did discuss the two driveways and ingress /egress options for the driveways, including limiting the turning movements of one of the driveways if egress were maintained for both existing driveways. ANALYSIS OF ISSUES: Project Description The applicant is proposing to modify portions of the previously approved mixed -use project to construct a 55,000 square -foot assisted living and memory care facility with 70 beds (approved at 69 beds) and a 16 -bed independent living facility of approximately 16,000 square -feet. The independent living facility is replacing eight (8) townhomes previously approved for the westernmost parcel being developed. The project will be Item 9.a. - Page 3 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 4 phased, with Phase I consisting of the assisted living /memory care facility and Phase II consisting of the independent living facility. Phase I Phase I consists of a 70 -bed assisted living /memory care facility in a single structure. The memory care facility will include an Alzheimer's care wing while the remainder of the units will be utilized for assisted living. In total, the proposed project includes twenty -six (26) Alzheimer units and forty -four (44) assisted living units. Other uses proposed for the building include dining and activity areas for the different resident types, offices, and outdoor sitting and garden areas. The only change proposed by the applicant regarding the building is the addition of one bed, but overall building square - footage is not changing. The memory care facility will be located across the two southernmost parcels adjacent to Meadow Creek. A lot merger is required as structures are not permitted to be built across lot lines. Pha¢a II Phase II consists of replacing the approved 8 -unit townhome project with a 16 -unit independent living facility. Each independent living unit will be approximately 650 square -feet, including separate living, kitchen, and bedroom areas. The ground floor of the building, which was utilized for tandem parking in the townhome project, will include laundry and maintenance facilities for the project. Although originally proposed to be thirty -nine feet (39') in height, the applicants have revised the plans so that the building height is 37' 7 ", which is 2' above the maximum height allowed in the Office Mixed -Use zoning district. The current entitlement was approved with a building height of 37'; however, a variance was required for building height. Therefore, the variance is also requested to be amended to accommodate the 37' 7" building height. During the February 2, 2015 review, the ARC recommended a condition of approval that requires the building to maintain the previously approved height of 37'. The applicant has indicated this can be accomplished through slight modifications to building design, if reinforced by the Council. Arrhitarfi ira The memory care facility will still utilize several different materials including a mixture of cement fiber lap siding and smooth cement plaster in green and beige hues, cement fiber trim in a brown hue, and Eldorado stone river rock will be used on some of the lowest portions of the building as well as accent columns near the building base. The applicant is proposing to modify the massing of the building to be more uniformly rectangular with consistent heights across the length of the building. The design modification helps accommodate improved site circulation. Item 9.a. - Page 4 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 5 The elevations included for the independent living facility show the applicant plans to continue with similar architecture compared to the townhome component of the approved project, with the inclusion of Eldorado stone river rock bases, smooth plaster siding in a more pastel earth tones. The structure will have somewhat reduced fenestration, given that the structure will not include individual townhomes, but wall planes will remain offset to provide massing relief on the building. The applicant has indicated the purpose of the change in architecture between the buildings is to show that they are two separate uses, but carry enough similar features to show that they are related. Creek Setback The project site sits adjacent to the Meadow Creek tributary. Municipal Code Subsection 16.44.050.D.1.a.ii requires a setback of 50' for Meadow Creek. As part of the previous approval, that City Council approved a variance from the setback requirement, resulting in a 35' building setback measured from the top of the creek bank, which was determined to be at the seventy -one foot (71') elevation line (Attachment 4). In order to accomplish site circulation and parking goals, the applicant has indicated that additional encroachment into the creek setback is required and is requesting a creek setback of 32' from the top of the bank. The current entitlement was granted in light of a previous entitlement with a creek setback of 25', the codified setback for Meadow Creek at that time. Because the previous entitlement could have been constructed at the 25' setback, the City Council granted a variance for the reduction of the current 50' creek setback to the 35' distance. Municipal Code Section 16.44.050 sets forth regulations for creek protection. The purpose of the setback requirement is to protect biological resources, help prevent erosion and sedimentation (flood control), provide open space amenities, and where feasible, to provide for passive recreational opportunities such as pedestrian trails. The Municipal Code specifically identifies fences and other structures, such as projecting decks and support structures, as being allowed within the creek setback area, so long as the structures allow wildlife passage and unimpeded flow of water. The placement of patios and similar outdoor sitting areas has also been allowed so long as materials used allow for the percolation of stormwater into the ground. In reviewing a variance for creek setback, impacts to biological resources should be considered. The existing site is covered with a high proportion of ruderal species that have established since site grading and fill was performed as part of the Plaza development. As outlined in the Wetland Mitigation Plan prepared by Morro Group, Inc. and previously approved by the Army Corps of Engineers, which is referenced in the Initial Study adopted for the approved project, a substantial amount of riparian revegetation is required and will significantly enhance the health of the riparian habitat on the project site adjacent to Meadow Creek. The applicant is required to provide correspondence from the Army Corps of Engineers that the reduced setback is Item 9.a. - Page 5 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 6 acceptable, which is expected prior to construction activities at the site if the amended project is approved. Additionally, to ensure the public enjoyment and use of the riparian area and assist the City in completing the trail segment, a condition of approval has been included that requires the applicant to design the entire segment of pedestrian trail to the satisfaction of the City, while constructing the portion of the trail residing on the subject property. Parking Municipal Code Requirements Arroyo Grande Municipal Code (AGMC) Section 16.56.060 sets forth parking requirements based upon proposed use. Assisted living uses require a minimum of one (1) uncovered parking space for every three (3) beds in the facility. Based upon these requirements, the proposed 70 -bed facility requires twenty -three (23) parking spaces. In addition to the 23 parking spaces required for residents, one (1) space is required for every employee on the largest shift. According to information provided by the applicant, a maximum of twenty (20) employees on the largest shift would require an equal amount of parking. Therefore, the total amount of parking required for the memory care facility is 43 spaces. For the one - bedroom independent living units, the AGMC requires one (1) covered space per unit. Therefore, sixteen (16) covered parking spaces are required; however, the requirement for covered parking can be waived though consideration of the Conditional Use Permit. The parking required for both Phase I and Phase II totals fifty - nine (59) spaces. The following table summarizes these requirements: Table 1: Meadow Creek Development Parkina Reauirements Munidipal Code Requirement Project Details Spades Required Assisted Living — 1 space /3 beds 70 beds 23 spaces Independent Living — 1 covered space /room 16 rooms 16 spaces 1 space /employee on largest shift 20 employees 20 spaces Total 59 spaces Parking to be Provided On the three lots proposed for development, the applicant has indicated they will construct seventy -four (74) parking spaces in conjunction with the development (see Sheets A1.5 and A1.6 of Attachment 15 for visual explanation of existing spaces being removed, replaced, and new parking). The applicant is indicating twenty -six (26) of these spaces will be restricted for use by the Meadow Creek development itself (see Sheet A1.1 of Attachment 15). Additionally, the applicant is indicating eighteen (18) of the spaces are dedicated to be shared by the Casa Grande Inn and the Meadow Creek development. The shared parking is part of a parking easement benefitting the hotel property. In total, forty -four (44) new spaces will be designated in some fashion for use Item 9.a. - Page 6 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 7 by the Meadow Creek development. The thirty (30) remaining spaces will be open for all Plaza users. Table 2: Meadow Creek Development Parkina Parkibg 06dicatilon' Number of, Spaces Meadow Creek dedicated spaces 26 spaces Meadow Creek spaces shared with Casa Grande Inn 18 spaces Plaza shared spaces 30 spaces Total 74 spaces The parking being dedicated to the Meadow Creek development constitutes a 25% reduction in parking when looking only at the spaces dedicated to Meadow Creek, but an excess of fifteen (15) spaces when considering all shared parking being developed in conjunction with the project. Shared Parking with Hotel Staff has reviewed the recently executed agreement between the applicant and the Casa Grande Inn property owner with regard to the parking easement on the subject property. The agreement states that the eighteen (18) shared spaces are primarily for the benefit of the Casa Grande Hotel but can also be used by Meadow Creek, as available. This would appear to meet the City's definition of shared parking, which is set forth in AGMC Section 16.04.070 as a situation where the same parking spaces can be utilized by two or more different uses due to the differing peak hours of operation of the uses involved. Additionally, AGMC Section 16.56.050 states that common parking facilities may be provided in lieu of individual requirements if the total number of spaces is the sum of the requirements for individual uses and located within five hundred feet (500') of the use. In this case, the shared parking would be available for the two uses and although they could be used by either, as available throughout the day, it would be anticipated that the hotel's peak use would be in the evening and overnight while Meadow Creek's peak use would be during the day when residents are awake. However, it should be noted that if the hotel needs to utilize the parking spaces when someone from Meadow Creek is using them, the Meadow Creek users may be asked to vacate the spaces. If the Council determines this proposed setup does not meet the intent of the shared parking definition, it may not be appropriate to count the eighteen (18) shared spaces toward meeting Meadow Creek's parking requirements. If the Council thinks it inappropriate to count the spaces, Meadow Creek would be providing 26 dedicated spaces of the fifty -nine (59) required, which is a 56% reduction in required parking. If the Council determines the eighteen (18) parking spaces shared with Casa Grande Inn should not be counted toward fulfilling the parking requirements of the project, but would consider the thirty (30) non - designated spaces as counting toward the Item 9.a. - Page 7 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 8 requirements, a total of fifty -six (56) spaces would be provided. This corresponds to a parking reduction of five percent (5 %). A parking reduction greater than 20% but less than a maximum of 30% requires a full parking study prepared by a licensed engineer or architect that clearly shows the uses have different hours of operation and would not conflict in their time of use. Plaza Parking As part of the original approval for the Plaza, a Master Plan was developed that established shared access, parking and drainage easement agreements, which connect all six (6) parcels. During approval of Conditional Use Permits 98 -573 (Kennedy Club Fitness) and 98 -572 (860 Oak Park Medical), a traffic impact and parking study was completed by Penfield & Smith (1999) that discussed parking demands of the proposed uses (Attachment 5). The study utilized Institute of Transportation Engineers (ITE) and Urban Land Use (ULI) parking data based upon time of day usage to determine the adequacy of parking for the two medical offices and fitness center (reference Page 6 of the study). The approved required parking for the medical office buildings and Kennedy Club Fitness was 140 spaces. After the Kennedy Club Fitness Center and second medical office building (860 Oak Park Boulevard) were occupied, a series of issues and disputes arose with regard to parking. Following a series of meetings by the Planning Commission in 2003 and 2004, a follow -up study was completed by Orosz Engineering Group, Inc. (OEG) that investigated the parking space occupation and utilization at the Plaza (Attachment 6). The reported parking issue at the Plaza was lessened following the implementation of several recommendations from the study and the Planning Commission's review of the Plaza. These included designating several spaces as having exclusive use for the medical offices during particular hours, enforcement and management of parking restrictions, and encouraging employees to park elsewhere. During permit processing for the currently entitled project, OEG submitted analyses supporting that project based on proposed parking supply and demand at the Plaza (Attachment 7). The applicants have provided an updated parking summary that shows the proposed project has less parking demand than previous projects based on ULI parking data (Attachment 8). Currently, 146 parking spaces are provided between the medical office uses, Kennedy Club Fitness, and improved parking on the project site, with certain amounts restricted for use by the medical offices during daytime hours, as previously discussed. In total, 199 spaces are required for the Plaza under the approved required parking for the existing development and the Municipal Code requirements for the proposed project. A grand total of 193 parking spaces will be located at the Plaza, which constitutes a three percent (3 %) mixed -use parking reduction. The following table summarizes parking at the Plaza. An expanded discussion on plaza parking is included in Attachment 9. Item 9.a. - Page 8 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 9 Table 3: Oak Park Professional Plaza Parking Provided /Allocated Existing Plaza Uses , Allodated Use Spades Provided/All©cated Sheppel 1 (880 Oak Park Medical Building) 22 spaces Farro Building ( Sheppel 2 - 860 Oak Park Medical Building) 22 spaces Kennedy Club Fitness 58 spaces Non - Designated 44 spaces Subtotal 146 spaces Non - Designated Parking removed for construction of Meadow Creek (27 spaces) Subtotal 119 spaces Pr000 sd Meadow Creek Project Amendment Allodated Use Spaces Provided /All©cated' Non - Designated 30 spaces Proposed Meadow Creek Facilities 26 spaces Proposed Meadow Creek Shared with Hotel 18 spaces Grand.Total 193 spaces Traffic The City's Traffic Impact Study Policy states that a complete and thorough study will be required for a development proposal when the projected trip generation during peak hour is equal to or greater than 20 trips, using the trip generation rates provided in the San Diego Association of Governments (SANDAG) Trip Generation manual. This does not take into account the uses already established on a site and only looks at the traffic generation of the proposed uses. Based on SANDAG traffic generation rates, the entitled project was anticipated to generate 19.62 PM peak -hour trips, which is below the 20 peak -hour trips threshold that requires a traffic study. The proposed amended project is anticipated to generate 18.03 PM peak -hour trips, less than the previously approved project, and therefore would have less impact than the approved project. Access The existing Plaza is accessed by two driveways located on James Way. The westerly (upper) driveway is located approximately 240 feet from the Intersection of James Way and Oak Park Blvd. The easterly (lower) driveway is located approximately 310 feet from the intersection of James Way and Oak Park. The two driveways are located approximately 70 feet apart. James Way is an arterial roadway which has a posted speed limit of 40 mph. The Highway Design Manual indicates that these driveways should comply, at a minimum, with both corner sight distance as well as stopping sight distance. Due to vertical grades of James Way, both distances for the driveways are limited by Oak Park Item 9.a. - Page 9 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 10 Blvd. The minimum corner sight distance for a 40 mph design speed is 440 feet and the minimum stopping sight distance is 300 feet. Neither driveway complies with the corner sight distance requirement. In fact, only the most easterly driveway complies with the 300 foot minimum stopping sight distance. In order to mitigate these existing driveways, staff is recommending that the most westerly (upper) driveway be restricted to ingress only and the most easterly (lower) driveway be allowed both ingress and egress. The applicant's Traffic Engineer has reviewed the access and indicates that this solution is acceptable for traffic circulation onsite (refer to Attachment 8) and references previous traffic and circulation studies prepared for the Plaza, including a 2006 OEG study (Attachment 10). If driveways are allowed ingress and egress to increase circulation benefit to the project site, this will increase the development's impact on the public right -of -way. While there was consensus by all Planning Commissioners that they preferred allowed egress from both driveways, a formal recommendation was not made to require it. Density Density equivalencies for mixed -use districts are set forth in the density equivalency table in Development Code Section 16.36.030.0 (set forth below). This table dictates the density equivalency of residential units within mixed -use districts. Table 4: Densitv Equivalencies Residential Dwelling Unit Type Density Equivalent Live/Work Unit .5 Studio .5 1- bedroom .75 2- bedroom 1 3- bedroom 1.5 4- bedroom 2 The proposed project includes sixteen (16) one - bedroom independent living units, forty - four (44) studio and single -bed assisted living units, and twenty -six (26) studio and single -bed Alzheimer's care units. These unit types, along with their density equivalency are shown in the following table: Item 9.a. - Page 10 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 11 Table 5: Proiect Densities Unit Type Units Proposed Project Density Equivalent Ind. living — 1- Bedroom 16 12 Assisted Living — Studio 2 1 Assisted Living — 1- Bedroom 42 31.5 Alzheimer's Care — Studio 20 10 Alzheimer's Care — 1- Bedroom 6 4.5 Total Proposed Density Equivalency 59 Municipal Code Table 16.32.50 -B notes that the maximum allowable density for congregate care, assisted living, and convalescent living arrangements shall be thirty - four (34) dwelling units per gross acre. The total area of the sites being developed is approximately 1.80 acres. Maximum density of the project site totals 61 dwelling units. The proposed density is less than the maximum allowed under the Municipal Code. Landscaping The applicant has included conceptual landscape plans (see Sheets L1.0 and L2.0 of Attachment 15). In general the landscaping plan has been bolstered with many drought tolerant species, including screen shrubs, accent shrubs and grasses, succulents, sun and shade tolerant shrubs, and spreading ground cover. When the landscape plan was reviewed by the ARC, members were happy with the plant selections and recommended only to have staff review the final planting plan to ensure conformance with the conceptual plan. Development Standards — Office Mixed -Use (OMU) The proposed project is subject to the Office Mixed -Use (OMU) Development Standards (AGMC Section 16.36.020), General Mixed Use Development Standards (AGMC Section 16.48.065), and density standards found in various areas of the Development Code. Note that most of these standards have been written to allow flexibility to compensate for site constraints and allow for more creative design and an overall better project than through conventional zoning. Below are the development standards for the OMU District. The approved project met all OMU standards with a couple of exceptions. Item 9.a. - Page 11 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 12 Table 6: Project Summary and Zoning District Standards AGMC Table 16.363.020(H) - Office Entitled Amended Comments Mixed -Use (OMU) Standards Project Project 1. Maximum 20 dwelling units /acre 51.75 density 59 density None Density equivalent equivalent Mixed units (Care units Use facility: 27.75 Projects 15 dwelling units /acre units; 2. Maximum Townhomes: 75 %, or 39.6 Density 8 units) dwelling units Multi- family housing 75% of maximum 75 %, or 39.6 3. Minimum density (measured on dwelling units Density residential portion horizontal mixed -use project area or 50% of project area, whichever is less. 4. Minimum 10,000 sq. ft (207000 Care 78,408 sq. ft. Lots required Lot Size sq. ft. for residential) Facility: to be merged 527000 sq. for ft. construction Townhomes: and design 1132 -1246 purposes sq. ft. (Site: -26,000 sq. ft. 5. Minimum 100 feet Care -250' None Lot Width Facility: -120 feet Townhomes: -150 feet 6. Front 0 - 10 feet. Exceptions Care 17'6" None Yard may include entrance Facility: 17- Setback courtyards and areas 20.5 feet for outdoor dining determined through Townhomes: discretionary review. -12 feet Item 9.a. - Page 12 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 13 7. Rear Yard 0 - 15 feet Care -10' None Setback Facility: 7 -9 feet Townhomes: -12 feet 8. Side Yard 0 - 5 feet Care Varies but None Setback Facility: complies with 52,000 sq. OMU ft. requirements Townhomes: 1132 -1246 sq. ft. 9. Street 0 - 15 feet. Exceptions N/A N/A None Side Yard may include areas for Setback outdoor dining or architectural /landscape features determined through discretionary action. 10. Building Maximum height for Care Care Building Size mixed residential Facility: Facility: greater than Limits /commercial use is 35 55,000 sq. - 55,000 sq. 50,000 sq. ft. feet or three stories, ft. - 37 feet in ft. -39' (2 approved whichever is less. height (2 stories with through CUP Maximum building size stories with basement) is 50,000 sq. ft. basement) Building height Three -story building Ind. Living: measured from components allowed Townhomes: 16,000 sq. average only with substantial 1132 -1246 ft. -33' (2 finished transitional space sq. ft. - 29 stories with ground level to and /or lower story feet in height basement roof, minus elements adjacent to (2 stories vents, etc. residential districts/ with uses. basement) 11. Site Maximum coverage of Care -32% Standards Coverage site by structures is Facility: coverage written for and Floor 70% -42% 0.85 FAR flexibility in site Item 9.a. - Page 13 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 14 Area coverage development Ratio Maximum Floor Area 1.05 FAR standards Ratio is 1 through CUP Townhomes: process ^-36% coverage 0.37 site FAR Parking 56 spaces 59 spaces See discussion Require- on parking ments Creek Meadow Creek: 50 feet 35 feet 32 feet Variance Setback required for reduced creek setback from 50' to 32' Amended Conditional Use Permit An amendment to the conditional use permit is required for the change from multifamily housing to independent living and one (1) unit expansion of the assisted living facility. The proposed Amended Conditional Use Permit will allow the construction and operation of the 70 -bed assisted living /memory care facility as well as the sixteen (16) unit independent living facility. Variance The proposed project requires a variance for the reduction of the setback from Meadow Creek from fifty feet (50') to thirty -two feet (32'). The previously entitled project included a creek setback of thirty -five feet (35'). The purpose of a variance is to provide flexibility from the strict application of development standards when those standards would result in a practical difficulty or unnecessary hardship resulting from special circumstances pertaining to the property, such as size, shape, topography or location deprives such property of privileges enjoyed by other property in the vicinity. The findings required for approval, which staff has included in the attached Resolution, are centered on this purpose. Because of the narrow shape of the subject property, the fifty foot (50') setback from Meadow Creek would reduce the buildable lot width significantly. Additionally, as discussed in the creek setback section of the staff report, the significant amount of invasive species removal and revegetation resulting from the development will greatly enhance the health and function of the riparian area, one of the goals of the creek setback provisions. Lot Merger The proposed project amendment requires a lot merger due to the development spreading over three existing parcels. Although a tentative map was included in the Item 9.a. - Page 14 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 15 approved project, it is not required in the proposed project. Because the memory care facility will cross existing lot lines and the independent living facility is constructed adjacent to lot lines, lot merger is needed. General Plan The project is consistent with the following General Plan objectives and policies: Land Use LU5: Community commercial, office, residential and other compatible land uses shal be located in Mixed -Use (MU) areas and corridors, both north and south of the freeway, in proximity to major arterial streets. LU5 -1: Provide for a diversity of retail and service commercial, offices, residential and other compatible uses that support multiple neighborhoods and the greater community, and reduce the need for external trips to adjacent jurisdictions, by designating Mixed Use areas along and near major arterial streets and at convenient, strategic locations in the community. (The project site is within walking distance to shopping and restaurants within the K -Mart shopping center and across Oak Park Blvd. in the Pismo Beach commercial center. Kennedy Club Fitness provides recreational amenities). LU5 -3: Ensure that all projects developed in the MU areas include appropriate site planning and urban design amenities to encourage travel by walking, bicycling and public transit. (Given its proximity to shopping and public transit at the Kmart center, the project encourages multi -modal forms of transportation, including walking and /or cycling). LU5 -11: Promote a mixture of residential and commercial uses along Mixed Use corridors including substantial landscaping and streetscape improvements. (The project adds a needed residential development to existing and compatible office and recreational uses. Proposed landscaping within the project area along James Way, within the open space parcel and along the creek will enhance the overall look of the existing commercial area). ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Adopt the attached Resolution approving Amended Conditional Use Permit 15- 001, Variance 15 -001, and Lot Merger 15 -001; • Modify and adopt the attached Resolution Adopt the attached Resolution approving Amended Conditional Use Permit 15 -001, Variance 15 -001, and Lot Merger 15 -001; Do not adopt the attached Resolution, provide specific findings and direct staff to return with a Resolution denying approval of the project; or Item 9.a. - Page 15 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 16 • Provide direction to staff. ADVANTAGES: The proposed project provides a much needed health care service and housing option to elderly residents and those in need of special medical care in the area. The project will be required to provide pedestrian access near Meadow Creek and restoration of important riparian habitat along the project frontage. The project is more compatible with existing uses at the Plaza and neighboring sites. DISADVANTAGES: The proposed project will further reduce the building setback from Meadow Creek from the previously approved thirty -five feet (35') to thirty -two feet (32'). The project will further intensify uses at the Plaza, adding traffic and demand for parking. However, in comparison to the current entitlement, the proposed project rectifies access and parking easement issues, has a reduced anticipated traffic demand, and is more consistent with the existing uses on the site. ENVIRONMENTAL REVIEW: The City Council previously adopted a Mitigated Negative Declaration for the entitled project on January 28, 2014 (Attachment 11). Staff has reviewed the proposed project amendment in accordance with the California Environmental Quality Act (CEQA) Guidelines and has prepared a Draft Addendum to the Mitigated Negative Declaration (Attachment 12). PUBLIC NOTICE AND COMMENT: A Notice of Public Hearing was sent to all property owners within 500' of the project site, posted at City Hall, on the City's website, and in the Tribune on March 13, 2015. The Agenda was posted at City Hall on March 19, 2015 and the staff report was posted on the City's website on March 20, 2015. Although comments in opposition of the project were received by the hotel owner were received prior to the Planning Commission's review of the project (Attachment 13), staff has received additional correspondence withdrawing those objections for the proposal (Attachment 14). ATTACHMENTS 1. City Council Resolution 4565 2. February 2, 2015 ARC Minutes 3. Draft March 3, 2015 Planning Commission Minutes 4. Top of Bank Study by Triad /Holmes Associates, dated June 1, 2004 5. Traffic and parking study completed by Penfield & Smith dated June 2, 1999 6. Parking lot operation monitoring results from Orosz Engineering Group, Inc. dated April 30, 2004 Item 9.a. - Page 16 CITY COUNCIL CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001 MARCH 24, 2015 PAGE 17 7. Letter from Orosz Engineering Group, Inc. (OEG), dated June 3, 2013 in support of the proposed project as it relates to traffic and parking 8. Memorandum from Central Coast Transportation Consulting dated February 20, 2015 regarding traffic and parking for the proposed project 9. Expanded parking discussion 10. Memorandum from OEG dated April 26, 2006 regarding James Way driveway monitoring 11. Adopted Initial Study /Mitigated Negative Declaration — Meadow Creek Care Facility Project 12. Addendum to CEQA Initial Study /Mitigated Negative Declaration — Meadow Creek Care Facility Project 13. Letter from Glick & Haupt, LLP on behalf of Ray Bunnell, dated February 12, 2015 14. Letter from Glick & Haupt LLP on behalf of Ray Bunnell, dated February 18, 2015 15. Project plans (available for public review at City Hall) Item 9.a. - Page 17 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AMENDED CONDITIONAL USE PERMIT CASE NO. 15 -001, VARIANCE CASE NO. 15 -001, AND LOT MERGER CASE NO. 15 -001 FOR THE CONSTRUCTION OF AN APPROXIMATELY 55,000 SQUARE -FOOT, 70 -BED ASSISTED LIVING /MEMORY CARE FACILITY AND SIXTEEN (16) UNIT INDEPENDENT LIVING FACILITY; LOCATED AT THE OAK PARK PROFESSIONAL PLAZA (APNs 007 - 771 -053, -062, AND -072); APPLIED FOR BY RUSS SHEPPEL WHEREAS, on January 28, 2014, the City Council adopted Resolution No. 4565 approving Conditional Use Permit 12 -002, Variance 12 -004 and Amended Vesting Tentative Tract Map 12 -001 for the subdivision of 1.8 acres into ten (10) lots and authorizing the development of an approximately 55,000 square -foot, 69 -bed assisted living /memory care facility and eight (8) townhomes on real property, located at 880 Oak Park Blvd., Arroyo Grande, CA (the "subject property "); and WHEREAS, Russ Sheppel (the "applicant ") has submitted new applications to amend the entitled project for a 55,000 square -foot, 70 -bed facility with 44 beds proposed for assisted living use and 26 beds proposed for Alzheimer's care use and a sixteen (16) unit independent living facility; 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 the Mitigated Negative Declaration previously adopted .through Resolution No. 4565, as supplemented by an Addendum will mitigate all project impacts to a less than significant level; 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 March 24, 2015, 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 this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. Item 9.a. - Page 18 RESOLUTION NO. PAGE 2 The proposed assisted living facility and memory care facility as well as independent living 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 -two feet (32)' and a lot merger. 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 independent living facility 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, which was previously approved by Conditional Use Permit 12 -002 and the minimum creek setback allowed by Variance 15 -001. 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 will it be materially injurious to properties and improvements in the vicinity. Item 9.a. - Page 19 RESOLUTION NO. PAGE 3 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 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. Additionally, due to narrowness of the site combined with the extensive creek setback, extensive vertical improvements beyond thirty -five feet (35) are required to gain usable square- footage for the project and provide a more open feel within the units. 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 very narrow shape of the property makes imposition of a fifty foot (50) setback from the top of creek bank 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 constitute a grant of special privilege, as few properties within the OMU 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. Item 9.a. - Page 20 RESOLUTION NO. PAGE 4 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 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). Lot Merger Findings: 1. Merged lots should comply wherever feasible with the minimum lot size, lot width, and lot depth requirements of the zoning district in which it is located. The proposed project would merge three (3) lots into one (1) and the new lot would be conforming to the OMU zoning district development standards for size, lot width, and lot depth. 2. Adequate access and placement of easements shall be provided. Access to the single lot resulting from the lot merger would be maintained from James Way. Required CEQA Findings: 1. The City of Arroyo Grande had previously 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 and adopted by the City Council on January 28, 2014. 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 an Addendum to the adopted Mitigated Negative Declaration, the City Council finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife Item 9.a. - Page 21 RESOLUTION NO. PAGE 5 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande has considered the Addendum to the adopted Mitigated Negative Declaration and hereby approves Amended Conditional Use Permit 15 -001, Variance 15 -001, and Lot Merger 15 -001, as presented to the City Council on March 24, 2015, and as shown in Exhibit "B ", 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. BE IT FURTHER RESOLVED that this Resolution shall supersede Resolution No. 4565, except as regards to the Mitigated Negative Declaration adopted thereby. On motion by Council Member , seconded by Council Member , and by the following roll call vote, to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 24th day of March, 2015. Item 9.a. - Page 22 RESOLUTION NO. PAGE 6 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ROBERT McFALL, INTERIM CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY Item 9.a. - Page 23 RESOLUTION NO. PAGE 7 EXHIBIT 'A' CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT 15 -001, VARIANCE 15 -001, AND LOT MERGER 15 -001 APNs 007 - 771 -053, -062, AND -072 The approval authorizes the merger of a three (3) lots into one (1) 1.8 -acre lot, and development of a 55,000 square -foot, 70 -bed residential care facility and sixteen (16) unit independent living facility. Also approved is a reduction of creek setback requirements to thirty -two feet (32') from the top of creek bank and a maximum building height of 37'. 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 Amended Conditional Use Permit 15 -001, Variance 15 -001, and Lot Merger 15 -001. 3. This approval shall automatically expire on March 24, 2017 unless the lot merger is recorded or an extension is granted pursuant to section 16.12.140 of the Development Code. 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 occur in substantial conformance with the plans presented to the City Council at the meeting of March 24, 2015. 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. Item 9.a. - Page 24 RESOLUTION NO. PAGE 8 SPECIAL CONDITIONS: 8. The lot merger shall show an irrevocable offer to dedicate the 32' creek setback area to the City. 9. The lot merger shall show an irrevocable offer to dedicate the pedestrian path to the City. 10. 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. 11. Prior to the issuance of a building permit, the applicant shall design a complete pedestrian trail from James Way to the pedestrian bridge, to the satisfaction of the Community Development Director. 12. Prior to issuing a certificate of occupancy, the developer shall install the pedestrian trail on the subject property in accordance with the approved construction plans. 13. 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. 14. The pedestrian trail shall connect the public sidewalk on James Way by means of an ADA ramp and stairs. 15. Only native riparian plants shall be planted within the 32' creek setback area. Detailed planting plans shall be submitted in advance of or concurrent with improvement plans. 16. Signs shall be posted prohibiting the use of herbicides or other toxic substances potentially harmful to creek habitat. 17. No lighting other than that approved on the care facility shall be installed adjacent to the creek. 18. The applicant shall submit documentation submitted to the U.S. Army Corps of Engineers to satisfy requirements outlined in the "Wetland Mitigation Plan" and creek setback reduction prior to improvement plan review. 19. The project shall provide bicycle parking in a location acceptable to the Community Development Director. 20. Fencing shall be installed along the pedestrian creek path that does not prohibit migration of fauna between the path and riparian area. Item 9.a. - Page 25 RESOLUTION NO. PAGE 9 21. All impact trees shall be a minimum 36" box in size, or of a size acceptable to the Community Development Director. 22. The applicant shall demonstrate to the satisfaction of the City Engineer that the turning radiuses within the project site, including access from James Way, 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. 23. The applicant shall verify access agreement includes all necessary parties (medical offices, fitness center, and hotel). 24. The applicant shall demonstrate to the satisfaction of the Fire Chief that the turning radiuses within the project site can, including access from James Way, accommodate the Fire apparatus. 25. 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. 26. The developer shall comply with Development Code Chapter 16.20, "Land Divisions ". 27. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations ". 28. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. 29. 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. 30. All electrical panels shall be architectural integrated into the buildings. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS 31. 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. 32. The applicant shall comply with recommendations by the Army Corps of Engineers regarding creek setback reduction. 33. The project shall maintain the 37' building height limit previously approved. 34. Preliminary plant materials and layout are acceptable and the final planting plan shall be reviewed by City staff for conformance with the preliminary plan. Item 9.a. - Page 26 RESOLUTION NO. PAGE 10 ENGINEERING DIVISION CONDITIONS: GENERAL CONDITIONS 38. 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. 39. 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 ( RWQCB) requirements and shall comply with RWQCB Construction General Permit and Post Construction Requirements. 40. A grease interceptor shall be required for the proposed care center. 41. The applicant shall provide and include on the plans trash enclosures that screen visibility of trash facilities to the satisfaction of the Community Development Director. 42. Applicant shall limit project access to James Way. Two driveway access points on James Way exist. The most westerly (upper) driveway shall be signed and striped to limit access to ingress only. The most easterly (lower) driveway shall be signed and striped to allow ingress and egress. The most easterly driveway shall be aligned with driveway on Northerly side of James Way. Any deviation from described access will require review and approval by the Traffic Commission. NOISE 43. All residential units shall be designed to mitigate impacts from non - residential project noise, in compliance with the City's noise regulations. IMPROVEMENT PLANS 44. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 45. 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. Item 9.a. - Page 27 RESOLUTION NO. PAGE 11 46. The Developer shall submit as -built plans at the completion of the project or improvements as directed by the Community Development Director. As- builts shall be submitted on mylar as well as electronically. Electronic as- builts shall be provided both in AutoCAD and PDF format. 47. 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. 48. 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. g. The location of all proposed low impact development storm water facilities. 49. Improvement plans shall include plan and profile of existing and proposed on and offwsite utilities and retaining walls. 50. Landscape and irrigation plans are required within the public right of way. The Public Works Director shall approve the irrigation plan. WATER 51. Non - potable water is available at the City Corporation Yard. The City of Arroyo Grande does not allow the use of hydrant meters. 52. Lots using fire sprinklers shall have individual service connections. A fire sprinkler engineer shall determine the size of the water meters. Item 9.a. - Page 28 RESOLUTION NO. PAGE 12 53. 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 for these utilities. 54. The applicant shall pay a water neutralization fee for each new residential unit. SEWER 55. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with the Standard Plans. 56. 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. 57. The Developer shall obtain approval from the South County Sanitation District for the development's impact to District facilities prior to building permit issuance. 58. The Developer shall mitigate lift station #1 CIP force main replacement. PUBLIC UTILITIES 59. The Developer shall underground all existing and new public utilities in accordance with Section 16.68.050 of the Development Code. 60. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 61. No work shall be permitted on James Way. CURB, GUTTER, AND SIDEWALK 62. The Developer shall utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 63. 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. 64. 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. Item 9.a. - Page 29 RESOLUTION NO. PAGE 13 65. 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 66. The Developer shall perform all grading in conformance with the City Grading Ordinance including setback for cut or fills. 67. 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. 68. The Developer shall submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 69. Existing 24" CMP pipe behind the building shall be removed and replaced with 24" HDPE pipe that has a smooth interior with integral bell and spigot or approved equal as determined by the Public Works Director. 70. 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. Post Construction Requirements Regional Water Quality Control Board, Stormwater Control Plan, Operations and Maintenance Plan, and Annual Stormwater Control Facilities Maintenance 71. The Developer 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. 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. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). Item 9.a. - Page 30 RESOLUTION NO. PAGE 14 72. Prior to any Permit — Stormwater Control Plan. The Stormwater Control Plan must include, at minimum: a. Contents 1. 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. 2. Narrative analysis or description of site features and conditions, and opportunities and constraints for stormwater control. 3. 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. 4. 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. 5. Proposed sizes, including supporting calculations, for each LID facility. 6. Narrative description of each DMA and explanation of how runoff is routed from each impervious DMA to a self- retaining DMA or LID facility. 7. Description of site activities and potential sources of pollutants. 8. 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. 9. Description of signage for bioretention facilities. 10. General maintenance requirements for bioretention facilities and site design features. 11. Means by which facility maintenance will be financed and implemented in perpetuity. 12. Statement accepting responsibility for interim operation & maintenance of facilities. b. Exhibits 1. Existing natural hydrologic features (depressions, watercourses, relatively undisturbed areas) and significant natural resources. 2. Proposed design features and surface treatments used to minimize imperviousness and reduce runoff. 3. Existing and proposed site drainage network and connections to drainage off -site. 4. Entire site divided into separate Drainage Management Areas (DMAs). Each DMA has a unique identifier and is characterized as self- retaining (zero- discharge), self- treating, or draining to a LID facility. 5. Proposed locations and footprints of LID facilities. Item 9.a. - Page 31 RESOLUTION NO. PAGE 15 6. 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. 73. 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. 74. 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: 1. Construction; 2. Field verification of Stormwater Control Facilities; 3. 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. 75. 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; d. Party responsible for O &M; e. Source of funding for O &M; Item 9.a. - Page 32 RESOLUTION NO. PAGE 16 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. DRAINAGE 76. 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. 77. 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. 78. 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. 79. All drainage facilities shall be in accordance with the Drainage Master Plan. 80. 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 design shall include landscaping and irrigation. h. 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. i. Provide secondary overflow spillway for detention basin. Item 9.a. - Page 33 RESOLUTION NO. PAGE 17 81. 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 subject to flooding from a 100 -year storm shall be shown on the plans and shall be noted as a building restriction. 82. 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. 83. 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 84. Reciprocal access and maintenance agreement will be required for the proposed project and the adjacent businesses using the existing parking area. 85. All existing underlying lot lines shall be merged. 86. 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. 87. 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. 88. The property owner shall be responsible for maintaining the creek path and vegetation until the offer of dedication is accepted by the City. PERMITS 89. 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, Item 9.a. - Page 34 RESOLUTION NO. PAGE 18 d. Storing equipment in the City right of way. 90. Obtain a grading permit prior to commencement of any grading operations on site. FEES 91. Pay all required City fees at the time they are due. 92. 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. 93. 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 Item 9.a. - Page 35 RESOLUTION NO. PAGE 19 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. AGREEMENTS 94. 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. 95. 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. 96. 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 97. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 98. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 99. 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, Item 9.a. - Page 36 RESOLUTION NO. PAGE 20 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 Director of Public Works a letter assuring that all monumentation has been set. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 100. All utilities shall be operational. 101. 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. 102. 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: 98. All buildings shall comply with the latest adopted California Codes. 99. The applicant shall pay all applicable development impact fees prior to the issuance of a building permit. 100. At least one (1) covered passenger loading zone complying with Section 116- 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. 101. 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. 102. The applicant shall show all setback areas for the lot on the lot merger prior to recordation. 103. 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. Item 9.a. - Page 37 RESOLUTION NO. PAGE 21 104. The developer shall provide a Fire Department turnaround or provide access through the hotel site subject to approval by the Fire Chief. FIRE LANES 105. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 106. All fire lanes must be posted and enforced, per Police Department and Five Cities Fire Authority guidelines. 107. 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. IRE FLOW /FIRE HYDRANTS 108. Project shall have a fire flow based on the California Fire Code Appendix III -A. 109. 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. 110. 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 111. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 112. The project shall provide Five Cities Fire Authority approved access and sprinkler system per National Fire Protection Association Standards 13d or 13R as appropriate. 113. Any covered parking areas 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. Item 9.a. - Page 38 RESOLUTION NO. PAGE 22 ABANDONMENT /NON- CONFORMING 114. 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 115. The project shall comply with Federal and local flood management policies. 116. 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 1 -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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; Police Dept. Timing: Prior to issuance of Building Permit 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 III -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; Item 9.a. - Page 39 RESOLUTION NO. PAGE 23 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 III -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 III -4: 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 III -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; Item 9.a. - Page 40 RESOLUTION NO. PAGE 24 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 PM10 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. Item 9.a. - Page 41 RESOLUTION NO. PAGE 25 MM III -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 III -8: 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 — Public Works Dept., Building Division, Engineering Division Timing: Prior to issuance of Grading Permit and during construction 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; ACOE Timing: Installation of plant material shall occur before issuance of a Certificate of Occupancy. Monitoring of plants shall occur for at least 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. Item 9.a. - Page 42 RESOLUTION NO. PAGE 26 Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; ACOE; RWQCB Timing: Prior to issuance of a Building Permit 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; CDFG Timing: Prior to any work being performed in the creek area MM IV -4: All non - native plant species shall be eliminated from the 35' wide creek setback area. 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timing: Prior to issuance of a Certificate of Occupancy 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a Grading Permit Item 9.a. - Page 43 RESOLUTION NO. PAGE 27 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: During grading activities MM IV -8: No heavy equipment shall be allowed within the Meadow Creek corridor. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: During grading activities and project construction 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. Item 9.a. - Page 44 RESOLUTION NO. PAGE 28 Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a grading permit and during grading activities 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a Grading Permit 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. Item 9.a. - Page 45 RESOLUTION NO. PAGE 29 • 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. • 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Division; APCD Timing: Prior to issuance Building Permit Grande — CDD; Building of a Grading Permit or 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 Item 9.a. - Page 46 RESOLUTION NO. PAGE 30 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. • 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department; RWQCB Timing: Prior to issuance of a Grading Permit 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a Grading Permit 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 Item 9.a. - Page 47 RESOLUTION NO. PAGE 31 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: During construction 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: Prior to issuance of a Certificate of Occupancy 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Engineering Division; Public Works Department Timing: During Construction 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. • 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 Item 9.a. - Page 48 RESOLUTION NO. PAGE 32 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; Engineering Division; Building Division Timing: Prior to issuance of a Building Permit MM Xli -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. Item 9.a. - Page 49 RESOLUTION NO. PAGE 33 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. Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; Engineering Division; Public Works Department Timing: During construction MM XIV -1: The applicant shall pay the mandated Lucia Mar Unified School District impact fee. 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U Fr .G J a:. @ L i •= rte.. 2.2 -j a 0 0 U C �i @ _a d Z Co N a ci E N ATTACHMENT 1 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 LIVINGIMEMORY 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: The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of Item 9.a. - Page 79 RESOLUTION NO. 4565 PAGE 2 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 care 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. Item 9.a. - Page 80 RESOLUTION NO. 4565 PAGE 3 Variance Findings: 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- (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 classed 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 Item 9.a. - Page 81 RESOLUTION NO. 4565 PAGE 4 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: 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 proposed. 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 care 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 Item 9.a. - Page 82 RESOLUTION NO. 4565 PAGE 5 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: 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. Item 9.a. - Page 83 RESOLUTION NO. 4565 PAGE 6 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 280' day of January, 2014. Item 9.a. - Page 84 RESOLUTION NO. q5i 5 PAGE 7 TONY FE YOR APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIm07 J. C , CITY ATTORNEY Item 9.a. - Page 85 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: 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. Item 9.a. - Page 86 RESOLUTION NO. 4565 PAGE 9 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. Item 9.a. - Page 87 RESOLUTION NO. 4565 PAGE 10 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. Item 9.a. - Page 88 RESOLUTION NO. 4565 PAGE 11 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 Paris 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 ddgeline 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. Item 9.a. - Page 89 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. Item 9.a. - Page 90 RESOLUTION NO. 4565 PAGE 13 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. Item 9.a. - Page 91 RESOLUTION NO. 4565 PAGE 14 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. Item 9.a. - Page 92 RESOLUTION NO. 4565 PAGE 15 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 Item 9.a. - Page 93 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. Item 9.a. - Page 94 RESOLUTION NO. 4565 PAGE 17 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. Item 9.a. - Page 95 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 Item 9.a. - Page 96 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 1113- 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 wiidland where the opportunity for conflagration exists. The building shall be built following the Wildland Urban Interface requirements of the CBC Chapter 7A. Item 9.a. - Page 97 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. Item 9.a. - Page 98 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. ABANDON MENTMON- 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 1 -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 III -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; Item 9.a. - Page 99 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 aftemative 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 III -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 111-4: 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 I11-5: 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; Item 9.a. - Page 100 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; 1. All PM10 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. Item 9.a. - Page 101 RESOLUTION NO. 4565 PAGE 24 MM III -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 I11-8: 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 IVA: 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 N -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. Item 9.a. - Page 102 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 Califomia 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. Item 9.a. - Page 103 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. Item 9.a. - Page 104 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. Item 9.a. - Page 105 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 1X-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-S: 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. Item 9.a. - Page 106 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 Storaae 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. Item 9.a. - Page 107 RESOLUTION NO. 4665 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. Item 9.a. - Page 108 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, 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 26th day of January, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of January 2014. EF905 F ly 1110.00 d . �. 0, Minutes: ARC Monday, February 2, 2015 ATTACHMENT 2 Terry Payne, Miller Way, commented on potential noise issues associated with the use and the need to conform to the City's noise restrictions. Hearing no further comments, public comment was closed. The Committee commented regarding the issue of the history of e building in making a determination, the need to make the windows more subtle, tha a use of zinc plates relates to how eclectic Olohan Alley is, and that seeing the activity ide the building is vital to the health of the downtown. Bruce Berlin made a motion, second y John Rubatzky, to recommend to the Community Development Director approval o e project with the following conditions: 1) Non - reflective w' ows be used in the rollup window; 2) That the p i of the blade match the existing building trim; and 3) Revi of the project by the HRC be required prior to a final decision on the project. carried on a 4 -0 voice vote. 6.a. Consideration of Amended Conditional Use Permit 15 -001, Lot Merger 15 -001; and Variance 15 -001; Location — 880 Oak Park Boulevard (APNs 007 - 771 -053 and -062); Applicant — Russ Sheppel Staff Contact: Matt Downing Assistant Planner Downing presented the staff report. The Committee asked questions regarding creek setback requirements, parking provided on the site, development standard clarifications, and similar questions related to the project. Steve Rigor, architect, Russ Sheppel, applicant, and Randy Alanzo, representative, spoke in support of the project. The Committee asked questions regarding building architecture revisions, installation of the pedestrian path, lack of consistent application of detailing on plans, building height being proposed, and the light well for basement units. Vice Chair Peachey opened the floor for public comment. Terry Payne, Miller Way, commented that the independent living was a better idea than the townhomes previously proposed. Hearing no further comments, the public comment was closed. The Committee made comments regarding concerns regarding parking and emergency vehicle circulation, the need for installation of the pedestrian path with the project, some clarifications on Item 9.a. - Page 110 Minutes: ARC Monday, February 2, 2015 PAGE 4 the proposed landscape plan, inclusion of as much LID features as possible, and reduction of building height as much as possible. Bruce Berlin made a motion, seconded by Mary Hertel, to recommend to the Planning Commission approval of the project with the following conditions: 1) The parking calculations and demand, creek setback, and traffic considerations be further vetted before approval; 2) The applicant shall comply with recommendations by the Army Corps of Engineers regarding creek setback reduction; 3) Maintain the 37' building height limit previously approved; and 4) The preliminary plant materials and layout are acceptable and final planting plan to be reviewed by staff for conformance with the preliminary plan. The motion carried on a 4 -0 voice vote. 7. DISCUSSION ITEMS: None 8. COMMITTEE COMMUNICATIONS Committee member Berlin announced that the first m ing of the Community Service Grant Panel is forthcoming.. 9. STAFF COMMUNICATIONS Assistant Planner Downing announced t due to holidays, the next regular meeting of the ARC would need to be rescheduled. ommittee members concurred that they were available on both February 17 and 23, 201 ,depending on which day worked better for staff. Assistant Planner Downing recommende he next meeting date tentatively be February 17, 2015 at 3:30 pm. The meeting was a ourned at 5:15 pm to a special meeting on February 17, 2015 at 3:30 pm. Preparecj/by: Matt Downing, Assistant Planner (Approved at ARC Mtg Item 9.a. - Page 111 ATTACHMENT 3 DRAFT ACTION MINUTES REGULAR MEETING OF THE PLANNING COMMISSION TUESDAY, MARCH 3, 2015 COUNCIL CHAMBERS, 215 EAST BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Chair George called the Regular Planning Commission meeting to order at 6:00 p.m. 2. ROLL CALL Planning Commission: Commissioners John Keen, Terry Fowler- Payne, John Mack, Glenn Martin, and Chair Lan George were present. Staff Present: Community Development Director Teresa McClish, Assistant Planner Matthew Downing, Associate Planner Kelly Heffernon, City Engineer Matt Horn, and Secretary Debbie Weichinger were present. 3. FLAG SALUTE Commissioner Mack led the Flag Salute. 4. AGENDA REVIEW None 5. COMMUNITY COMMENTS AND SUGGESTIONS None 6. WRITTEN COMMUNICATIONS None 7. CONSENT AGENDA Action: Commissioner Keen moved, and Commissioner Mack seconded the motion to approve the February 17, 2015 minutes, as submitted. The motion passed on the following roll call vote: AYES: Keen, Mack, Fowler- Payne, Martin, George NOES: None ABSENT: None 7.a.. Consideration of Approval of Minutes Action: Approved the minutes of the Regular Planning Commission meeting of February 17, 2015, as submitted. 8. PUBLIC HEARINGS 8.a. CONTINUED CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15 -001, LOT MERGER 15 -001, AND VARIANCE 15 -001; LOCATION — 880 OAK PARK BOULEVARD (APNs 007 - 771 -053, -062, AND -072); APPLICANT — RUSS SHEPPEL Assistant Planner Downing recommended that the Commission review the proposed modifications to an approved project for an approximately 55,000 square -foot memory care facility and sixteen (16) unit independent living facility and make a recommendation to the City Council. Item 9.a. - Page 112 PLANNING COMMISSION MINUTES MARCH 3, 2015 PAGE 2 Assistant Planner Downing responded to questions from the Commission regarding the proposed project. Russ Sheppel, applicant, presented his proposed project to the Commission and responded to questions from the Commission. Randy Alonzo, Project Manager, stated that the proposed project was previously approved and has been modified for the neighbors. Mr. Alonzo indicated that the adjacent property owners have consented to the current plan of the proposed project and responded to questions from the Commission. Chair George opened the public hearing. There were no comments received and the public hearing was closed. Individual Commissioners provided the following comments for the proposed project: there is a need for the project in the community; in favor of having both driveways open for ingress and egress; can make the findings for the creek setback; in support of a sign indicating that this is "Assisted Living Parking Only "; in support of signage limiting egress turning movements to help circulation on the site; support the ARC and the height of 37'.7 "; would like to see a designated smoking area; the parking lot will be busy between 4:30 — 8:00 pm.; there is a need for designated pedestrian crossings on site; like the changes to the independent living facility; would like to see recreation space as much as possible for independent living; interested if there could be solar panels on a row of parking; stated this is a good project and is in support of the project. Action: Commissioner Keen moved to adopt a resolution entitled "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE AMENDED CONDITIONAL USE PERMIT CASE NO. 15 -001, VARIANCE CASE NO. 15 -001, AND LOT MERGER CASE NO. 15 -001 FOR THE CONSTRUCTION OF AN APPROXIMATELY 55,000 SQUARE -FOOT, 70 -BED ASSISTED LIVING /MEMORY CARE FACILITY AND SIXTEEN (16) UNIT INDEPENDENT LIVING FACILITY; LOCATED AT 880 OAK PARK BOULEVARD (SOUTHEAST) CORNER OF OAK PARK BOULEVARD /JAMES WAY INTERSECTION); APPLIED FOR BY RUSS SHEPPEL ". Commissioner Martin seconded, and the motion passed on the following roll call vote: AYES: Keen, Martin, Fowler- Payne, Mack, George NOES: None ABSENT: None The Commission took a break at 7:00 pm and reconvened at 7:05 pm. Item 9.a. - Page 113 Jun 02 2004 1:41PM Tr c olmes Associates ATTACHMENT 4 triad /holmas cmicnglneerlN lond surveylN Ujorks associates land devellopm en mammoth lakes • bishop • redwood city - napo son Us oblspo June '1, 2004 Pula &. Associates 3450 Broad Street, Suite 106 San Luis Obispo, CA 93401 Facsimile.: (805)541 -4371 Attention: Kim Hatch Subject: Top of Bank Study for Sheppcl.Property (API`s Nos. 007- 771 -D53 & 062) Dear Kim, Based on a review of survey data collected in January of 2001, it can be concluded that elevation of the bank that constrains Meadow Creel: to its channel at the location of the subject Sheppel Prnnerty is no greater than 73.82 feet (see Exhibit A). Furthermore, eased on a site visit made on May 26, 2004 it was disccmed that the location of this swvey shot was approximately 3 fcct higher than the easterly top of bank. Therefore, we feel that the highest top of bank for Meadow Creek aajacent to the subject Sheppel Property is approximately 71 feet. Sincerely, eiz.`E.:,,�i THA RE `E1VF triad/ho es associates r ti 1 'fro % ,' JJ 'MAY 2, 4 2005 CITY OF ARROYO Gf? ND Cr: Fry, RCE COMIVIUNITI' C?cVELOPM' l Attachment '�Sloeaidt \Sher: %J09S %11.o016:.1 - 00003\TOP OF B..kM, MMY.dcc 555 chorre. street. suits cl • son iuis obispo, co 934D5 • (eL5) �4¢B4o8 • For (B[15) 5a4 -8432 • sioQbtriad'nolmes.com 1. Item 9.a. - Page 114 Jun 01 2004 4:1epm Triad/Holmes Rssocia+--es e0s-544-2932 �� ! 1 �' jA yES WAY EDGE OF WA TER LINE PER SURVE-Y JANUARY 2001 'yo ELEVA 770M SHOT IN GRIER DRI Vz- JII EXIS RAIG 45' SL OP6 BANK & 0R,,41NAi9E O.R. 965 EX)S 77NC it pRb,-ER 7- r LINE SCALE- f`--50' p - 2 t '40kh tA� a ovIl ..pin.eranp= land *u —wylng -� i + ( ARN MOS. 007-777-05J & 007-771-062 TOP OF BANK STUDY 11-00164 -21 ✓C EXH1,61 T A oes'. I I.C:)l G-4.2. 000 C3l.DRAV✓lNC;5\S TRE A MBANY-,-T0E- EXHIBr,.c3w;, &•t/2004 E:13;npK". !Dl Item 9.a. - Page 115 Penfield&Smith ENGINEERS SURVEYORS 101 EAST VICTORIA STREET P.O. BOX 98 SANTA BARBARA, CALIFORNIA 93102 805- 963 -9532 - FAX 805 - 966-9801 June 2, 1999 City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93421 Attention: Mr. henry Engen, Interim Planning Director ATTACHMENT 5 2051 NORTH SOLAR DRIVE SUITE 225 OXNARD, CALIFORNIA 93030 805 -983 -7499 - FAX 805 -983 -1826 W.O. 13,326.01 City of Arroyo Grande Community Development Dept. JUN 0 4 1999 Subject: Traffic Impact Assessment for Conditional Use Permits No. 98 -573 (Kennedy) and 98 -572 ( Sheppel), Arroyo Grande, California Penfield & Smith (P&-S) has prepared the following traffic assessment of the potential traffic related impacts associated with the subject projects. This report identifies the peak hour trip generation for the two project individually and cumulatively. Intersection. analysis on an existing and cumulative basis is also provided to evaluate the level of service and the ability to maintain the City's desired LOS C, on an individual and cumulative basis. The scope of work was coordinated and approved by the City of Arroyo Grande prior to the preparation of this study.. - PROJECT DESCRIPTION The City is presently reviewing two development proposals known as Conditional Use Permit No. 98 -573 (Kennedy) and 98 -572 ( Sheppel). The Kennedy proposal is for the development of a 19,000 square foot health club and 58 parking spaces. The Sheppel project is to develop an 11,335 square foot office building with 34 parking spaces. Both of these projects are located at the intersection of Oak Park Boulevard and James Way. On the project site, a 7;560 square foot office building presently exists. The January 11, 1999 project site plan is on file in the City Planning Department. Access to the project site is provided via an existing 26 -foot wide drive on James Way. On -site parking for 155 vehicles is proposed to serve the planned land uses. The project site plan would maintain the secondary access for the hotel use to the south of the project site. No access is proposed to Oak Park Boulevard. EXISTING CONDITIONS Land Use On the project site, a 7,60 square foot commercial office building is constructed and occupied. To the south of the project site, lies a hotel use with access to Oak Park Boulevard and to James Way through the project site. To the east lies a vacant Item 9.a. - Pa Mr. Henry Engen June 2, 1999 Page 2 property with an apartment complex beyond the vacant property. To the north lies the -Four Square Community Church. At the church, a day care /pre- school is presently open. The peak hours appear to be around 3 PM during the weekdays for the school and on Sundays for the church use. The Church driveway is located approximately 30 feet to the east of the project driveway. Traffic Volumes The most recent daily traffic counts for Oak Park Boulevard near James Way were observed in 1996 for the GENCOM development. At that time, the daily traffic volume was 14,00 ADT. The posted speed limit for Oak Park Boulevard and James Way is 40 MPH. This portion of James Way is striped to provide bike lanes on both sides of the street, one travel lane in each direction with a center left turn lane. The study area for this analysis encompassed the intersections of Oak Park Boulevard at James Way and at W. Branch Street.. The current intersection level of service and average delay is 11.0 seconds per vehicle at Level of Service (LOS) B for the W. Branch Street intersection' and 11.7 seconds per vehicle/ LOS B for the James Way intersection2. The City of Arroyo Grande has a significant impact tlireshold of LOS C for peak hour intersection operation. The existing traffic volumes on the adjacent road system are summarized in Exhibit 1. PROJECT TRAFFIC Typically, the Institute of Transportation Engineers (ITE) provides guidance on the expected trip generation characteristics for land use as related to traffic impact analysis. For the office component of this traffic analysis, the ITE trip rates provide a good estimate of the traffic related to this use. For -the health club, the ITE source provides data for one facility. When the ITE trip data is limited, another the trip generation resource is commonly used. The.San Diego Association of Governments (SANDAG) has a localized summary of trip making data for some unique or other limited data. Also, for the health club use, P&-S has recently completed a similar analysis for a YMCA and developed trip rates for this type of health club. To determine the appropriate trip generation for the proposed health club, the available data was averaged and applied to the proposed square footage. The trip generation rates used in this analysis are summarized in Table 1. Once the trip generation rates were found for the project land uses, they were applied to the proposed building square footage and the trips generated by them are summarized in Table 2. As seen in these trip tables, the Kennedy Health Club is expected to generate 482 daily trips with 28 AM peak hour and 28 PM peak hour trips. The Sheppel Office building is expected to generate 124 daily trips with 18 AM peak hour and 17 PM peak hour trips. Tne existing intersection a-affic volumes for this intersection were based on data collected in 1998 for the Brisco Street Interchange by Higgins Associates. The existing intersection traffic volumes for this intersection were based on the data provided in the 1996 GENCOM Development Traffic Analysis. � r� � Item 9.a. - Pagb 1 Mr. Henry Engen June 2, 1999 Page 3 Table 1 Trip Generation Rates Kennedy - Sheppel Developments 13EALTH CLUB Size I ADT (TE /ADT) AM In Peak Out Hour Total PM I In Peak Out Hour Total ITE (Code 493) 43 KSF )VA 0.14 0.16 0.30 2.62 1.68 4.30 SANDAG NA 30 0.70 0.50 1.20 1.62 1.08 2.70 P &S 45 KSF 17.6 1.02 ( 0.43 1.45 ( 1.43 0.90 2.33 AVERAGE 44 KSF 23.8 0.86 0.47 ( 1.33 1.51 1.41 2.52 Project Total 676 32 11 43 1 32 13.3 1 66 OFFICE I ( ITE code 710 ) NA 11.01 1.37 I 0.19 I 1.66 I 0.23 I 1.24 I 1.49 Table 2 Trip Generation Summary Kennedy - Sheppel Developments LAND USE Size ADT AM Peak Hour PM Peak Hour (TE /ADT) In Out Total In Out Total ` HEALTH 19 KSF I 452 I 16 I 9 I 25 j 29 19 48 CLUB I ( I OFFICN, 11.335 124 16 2 18 3 14 17 KSF Project Total 676 32 11 43 1 32 13.3 1 66 It is difficult to accurately estimate the overlap between the number of office workers that will stay at the site and use the health club on a typical weekday. The positive effect on reducing the traffic impacts will occur. As an example if 10% of the office employees choose to use the health club after work, the number of PM peak hour inbound trips to the health club would be reduced by 1 -2 trips, as would the PM peak hour outbound trips from the office be reduced by 1 -2 trips. This phenomena has not been accounted for in the project traffic volumes used in the following analysis and provides a very worst case analysis for this traffic assessment. Once the amount of the project traffic that could be added to the adjacent road system was found, the traffic was assigned to the road system using the following general factors. These factors were based on our knowledge of travel patterns in the Arroyo Grande area and previous studies. The distribution of project traffic is graphically depicted on Exhibit 2. Item 9.a. - Pag9X C Mr. Henry Engen June 2, 1999 Page 4 Kennedy Sheppel Health Club Office Building North on Oak Park Boulevard 5% 5% on US Highway 101 35% 30% South on US Highway 101 25% 25% on Oak Park Boulevard 10% 10% East on James Way 5% 10% on W. Branch Street 20% 20% Total 100% 100% PROJECT TRAFFIC IMPACTS - Baseline Conditions To assess the potential future impacts of the projects, a baseline level of background traffic to simulate the "existing" tragic volumes. This baseline level of traffic represents the traffic from approved and pending known projects in the City of Arroyo Grande that have not been built. This baseline level of traffic for this project was taken from the GENCOM Development traffic study and updated to include the recent j work performed by Higgins Associates relative to the Brisco Street Interchange PSR. The baseline traffic volumes for the two study area intersections are presented in Exhibit 3. Using the traffic volumes depicted in Exhibit 4, the PM peak hour intersection operation was evaluated using the latest Highway Capacity Manual (HCM -98) methodologies. The resultant intersection levels of service and delay are summarized in Table 3. Table 3 PM Peak Hour Intersection Operation Baseline Conditions Location Type of Control Baseline + Health I Club + Office Cumulative Oak Park Blvd at Traffic 14.1 sec /veh 14.5 sec /veh 14.2 sec /veh 14.6 sec /veh James Way Signal LOS B LOS B LOS B LOS B W. Branch St. Traffic 11.5 sec /veh 11.6 sec /veh 11.6 sec /veh 11.7 sec /veh Signal LOS B LOS B LOS B LOS B Item 9.a. - Pagct9_ Mr. Henry Engen ,Tune 2, 1999 Page As seen in Table 3, the level of service does not exceed the LOS .0 threshold of the City of Arroyo Grande. The project(s) are not expected to create any significant traffic related impacts under baseline conditions. PROJECT TRAFFIC IMPACTS - Build Out Conditions To assess the potential future impacts of the projects, a build out level of background trafic to simulate the "ultimate" traffic volumes. This level of traffic represents the traffic from all developments in the Arroyo Grande General Plan if constructed per the applicable zoning ordinances. This build out condition is projected to occur in a 15- 20 year time frame. This build out level of traffic for this project was taken from the GENCOM Development traffic study and updated to include the recent work performed by Higgins Associates relative to the Brisco Street Interchange PSR. The build out traffic volumes for the two study area intersections is presented in Exhibit a Using the traffic volumes depicted in Exhibit 5,. the PM peak hour intersection operation was evaluated using the latest Highway Capacity Manual (HCM -98) methodologies. The resultant intersection levels of service and delay are summarized in Table 4. Table 4 PM Peak Hour Intersection Operation Build Out Conditions Location Type of Control Baseline I + Health I Club + Office Cumulative Oak Park Blvd at Traffic 20.7 sec /veh 20.8 sec /veh 21.0 sec /veh 21.2 sec /veh James Way Signal LOS C LOS C LOS C LOS C W. Branch St. . Traffic 17.2 sec /veh 17.4 sec /vein 17.5 sec /veh 17.6 sec /veh Signal LOS B LOS B LOS B LOS B As seen in Table 3, the level of service does not exceed the LOS C threshold of the City of Arroyo Grande. The project(s) are not expected to create any significant traffic related impacts under baseline conditions. PROJECT SITE IMPROVEMENTS Based on site plan as proposed and the projected future traffic volumes, the frontage improvements along Oak Park Boulevard and James Way were assessed. As the intersection is projected to operate at very good LOS C, no additional frontage improvements are recommended. The proposed site access on James Way is located at an adequate distance from the Oak Park Boulevard intersection. The driveway to the Four Square Church is located Item 9.a. - PageA -20i-, E. -- Mr. Henry Engen June 2, 1999 Page 6 diagonally from the proposed project access, but should operate adequately due to the different peaking characteristics of the two land uses. However when the vacant property to the east develops, a single driveway access for the project site and the vacant property access will need to be. aligned with the church driveway, or shared/ combined at the current project driveway location. PARKING Based on the ITE parking data3 and the Urban Land Institute data4 for time of day usage, the adequacy of the amount of parking being provided was determined. In general terms the office component of the existing and proposed uses.would require a total of.57 spaces at the peak of the office parking demand time of 10 -11 AM. The health club parking generally peaks between 6 and 7 PM with a space requirement of 83 spaces. The combined parking requirement total of these two uses could be as high as 140 spaces. However, the parking demands for the office and health club uses do not peak at the same time. Based on the ULI data, the office parking demand at 6 -7 PM is about 23% of the peak or 13 spaces. During this peak period at the health club, a total site parking demand of 96 spaces would exist. At the office peak time 10 -11 AM, the health club parking demand is negligible. At mid -day, the office parking demand would total 51 spaces based on the ULI time of day parking demand data. Assuming that the mid -day health club parking demand could be 50% of the evening peak, the health club parking demand could be 42 spaces for. a total site parking demand of 93 spaces. Even if the health club parking were to reach it's peak at noon with a demand for 83 spaces, the total site parking demand at noon would be 134 spaces. The proposed site plan provides 155 spaces, which is expected to met or exceed the existing and proposed parking demands during the morning, mid -day and evening peak parking demand periods. SUMMARY A traffic assessment of the potential traffic related impacts associated with two development proposals was conducted. It was found that the combination of the traffic volumes generated by the two projects would total 576 ADT, 43 AM and 65 PM peak hour trips. The PM peak hour intersection operation for existing, baseline and build out conditions indicate that the project would not create any significant impacts nor exceed the City of Arroyo Grande impact thresholds. The need for additional frontage improvements or driveway modiuications are not recommended at this time, based on the current site plan. On -site parking provisions are adequate for the size and type of land uses proposed. ' ITE Parking Generation, 2 0d Edition, pages 73 and 74. ':Urban Land Institute, Shared Parking, 1987, Page 86. Item 9.a. - PagP'�11e", S Mr. Henry En,--.n June 2, 1999 Page 7 This concludes our traffic assessment for CUP No.'s 98 -573 (Kennedy) and- 98 -572 (Sheppel). Should you have any questions, feel free to.contact me directly. Very truly yours, Q4pFESS /04/ PENFIELD &SMITH OQ�•�N A 09�F� No. 1209 r' m rn step eAOrosz, P�T.O.E. Ems. `%-�0/06 Senior Traffic Engineer �t , Attachments N FRArF�� TE OF CALIF'`Q` 0- 46 Item 9.a. - PagEP(Z. ATTACHMENT 6 OEG Ref 010204 April 30, 2004 Mr. Rob Strong Community Development Director City of Arroyo Grande 214 E. Branch Street Arroyo Grande, CA 93421 Subject: Sheppel — Kennedy Parking Lot Operation Monitoring Results of Survey No. 1 Dear Mr. Strong: In conjunction with the review of pending applications for conditional use permits, the City of Arroyo Grande has required that the parking facilities at the Sheppel — Kennedy site be monitored for a period of time to document the parking space occupation and utilization. The following report has been prepared to summarize our findings and recommendations after the conclusion of the first survey. Introduction and Overview Currently, there have been times when apparent parking shortages have been reported to the City and to the property managers for the project site. Issues pertaining to where certain patrons/ patients /tenants are parking, total spaces available, and adherence to the parking restrictions currently on site. The goal of the parking monitoring program is to evaluate the effectiveness of the parking information being implemented by. Kennedy Club Fitness to dire--t their employees and guests to parking in certain areas during certain times and the signage of Sheppel Medical Office parking areas during certain times of the day. The parking program includes the following elements that have or will be implemented as needed during the course of the monitoring program. 1. Parking area signage for Sheppel and Kennedy Club uses. (Done) 2. Parking information to be mailed to and shared with all Kennedy Club employees and guests. (A large sign have been on display in the lobby since February 2004.) 3. Parking Lot modification near Sheppel 1 office building to physically separate the Kennedy Club parking from Sheppel parking. 4. Modify James Way driveways to facilitate one way in and one way out traffic flow. This would include opening the existing closed "upper" driveway and modifying the parking space arrangement and signage to direct vehicles in and out the correct way. 5. Obtain off -site parking areas for Kennedy Club employees. (Done) 6. Construct additional parking areas on -site. Item 9.a. - Page 123 Mr. Rob Strong April 30, 2004 Pace 2 Survey Methodology To address the parking concerns, it was determined by the City's Planning Commission that an independent parking survey should be conducted. The Planning Commission directed staff to develop an appropriate scope of work and to conduct the survey, Orosz Engineering Group, Inc. (OEG) was selected to conduct the monitoring program for the City. The Public Works and OEG staff reviewed the day to day and hourly variation of the Kennedy Club Fitness patrons that had been provided to the City during the last set of hearings on the project.' As a result of this review, the City felt that a survey on a Monday and a Thursday between the hours of 7 AM and 5 PM would capture the peak parking periods of the Health Club and medical office tenants. During this time frame, detailed parking observations would be conducted. The observations would include: exactly where a vehicle was parked, how long a vehicle was parked In a certain stall, and where the occupant was going to. To accomplish this task, OEG representatives were on -site during the survey hours, At 30 minute increments, the type and color of vehicles were documented and logged on a survey sheet. Similar information was obtained by the medical office and health club staff at their respective lobbies. After the survey, the duration of each vehicle by space was determined. Once this was found, the parking area occupancy was found, as well as how long a space was occupied. The existing on -site parking area was separated into four logical parking areas. The following table and map describes each parking area. Area Number Restricted Uses Primary Number Of Spaces Time Limits Tenants /Uses Handicapped Parking Spaces A 22 Exclusive Parking for Exclusive Parking for 2 880 Oak Park Boulevard 880 Oak Park Boulevard 24 hours per day/ Medical Offices 7 days per week B 70 24 spaces All site tenants 3 No Fitness Center Parking Mon -Fri 7:30 -6 PM . C 16 No Fitness Center Parking Parking for 880 and 860 0 24 hours per day/ Oak Park Boulevard 7 days per week Medical Offices D 54 No Restrictions Kennedy Club Fitness 0 The parking survey also documented the total site parking space occupancy between the hours of 7 AM and 6:30 PM. This information will be used to determine how much parking the Kennedy Club Fitness is using during their peak operating times. The last portion of the survey studied the operation of the James Way access. PM peak hour traffic counts were collected at the project driveway at 15 minute intervals and the number of ' A copy of the Kennedy Club hourly variations is attached to the rear of this letter. Item 9.a. - Page 124 Mr. Rob Strong April 30, 2004 Page 3 vehicles waiting to turn left at the intersection with Oak Park Boulevard were documented. This information was gathered to provide information to the City to assist them in making an educated determination with respect to the potential affect of opening the upper site driveway to incoming vehicle traffic. Survey Results The surveys were conducted on Monday, March 29, 2004 and Thursday, April 1, 2004. The mix of site operations during the surveydays is summarized in Table 1. As shown in this table, the survey days covered typical site operations. However, it is noted that the first floor of the 880 Oak Park Boulevard medical office building was vacant during the survey. The summary data for each days survey is provided in the appendix to this letter. The averaged data for the survey period is provided in Tables 2, 3, 4 and 5. The following discussion pertains to the data found in these tables. In general, parking areas "appear" to be full or at capacity when the occupancy rates reach 85 -95% full. During the survey, the medical office uses were operating within normal hours. Based on information provided by the Kennedy Club relative to the site usage during the surveys, Monday was twice as many patrons as the Thursday survey day. The hourly variation of patron usage for the Kennedy Club can be found in the appendix to this report. Overall Site Usage — Table 2 Based on the two -day average of the survey data, the overall site reached a. maximum occupancy of 84.6% at 9:00 AM. At this point in time, there were 25 vacant parking spaces on- site. During the 9:00 AM — 11:00 AM time frame, sub areas A and B were operating at or above the 85% space occupancy. Later in the day (5:30 — 6:30 PM), the shared parking area B and adjacent parking area D near the Kennedy Club reached 85 -93% occupancy. In summary, the site as currently occupied operated within acceptable parameters. There were very few people parking in the designated parking areas in Area A and B, which did not go to the buildings that the spaces were allocated too. Area D, that prohibits Fitness Center parking, did have about half of the vehicles observed using the health club facility. During the surveys, Sub Area A and D did experience 10011/o capacities for certain time periods. Sub Area A did experience 100% occupancy at 2:30 PM, while Area D experienced 10D% occupancy between 8:30 and 9:00 AM, On Monday, Area A functioned at over 85% parking space occupancy between 9:00 AM and 10:00 AM, 11:00 AM and Noon, and between 2:30 PM and 4:00 PM. Sub area B experienced over 85% occupancy between 9:00 AM and 11:00 AM and between 3:30 and 5:30 PM. Area C never experienced over 50% occupancy all day. Area D experienced over 85% occupancy between 8:30 and 9:00 AM and between 5 :15 and 5:45 PM. During the Thursday survey, only one sub area during one time period reached 100% occupancy. This sub area was Area A at 10:00 AM. For the other sub areas, 85% occupancy or higher was reached between 9:00 AM and 11:00 AM for Area A, 10:00 to 10:30 AM and 6:15 -6:30 PM for Area B, and Area D experienced the high occupancy between 9:00 — 9.30 AM and 5:30 to 6:15 PM. Area C reached a maximum occupancy of 62.5% at 6:30 PM. Item 9.a. - Page 125 Mr. Rob Strong April 30, 2004 Page 4 There were 3,780 square feet of medical office that was not occupied during the survey. Based on the average of employees (2.8 spaces per 1000 square, feet) and patient (approximately 1 space per 1000 square feet) parking demands observed, the vacant medical offices could generate an additional parking demand of 15 spats (4 spaces per 1000 square feet * 3.780 thousand square feet). Even with the additional 15 spaces that could be associated with the vacant medical offices, the site would still have 10 spaces vacant or 93.8 % full. However, there could some overcapacity parking demands during peak times of the day, as the available parking in Sub Area B (the area designated for the vacant office's parking) had less than 10 available parking spaces during the peak 9:00 to Noon time frame. Site Parkino Space Utilization Data — Table 3 The data in this table was determined by matching the number of times a certain vehicle was observed occupying the same space during the surveys. A vehicle observed once was considered to be at the site 30 minutes or less. A vehicle observed twice was considered to be at the site 60 minutes or less, etc. Vehicles observed for more than two hours were assumed to be employees. The majority of the medical office visits were found to be in the less than 75 minute time frame, based on discussions with the doctor's offices. By observation and confirmed by the health club staff, it was noted that the Kennedy Club patrons were at the site between 60 and 90 minutes on the average. The data in this table indicates that there is a significant amount of short term parking occurring in area's A, B and D. The usage of Area C is more balanced between long and short term parking. The affect of the long term parking on the short term availability in each parking area is evaluated in Tables 4 and 5. Lono Term Parking Data — 7able 4 The data summarized in this table attempts to determine the time of day when there is a significant number of long term parkers relative to the total number of parked vehicles observed. As seen in this table, long term parking takes up approximately 50% or more of the total -observed parking demands in Area A most of the day. At the peak parking time (1 PM), 75% of the spaces occupied were long term vehicles. At the least, 36% of the observed vehicles were long term during the surveys.. The data indicates'that about a third of the vehicles are long term parkers in Area A. In Area B, the long term parking as a percentage of the total observations ranged from 13 %- 53%. The average percentaae was between 40% and 50 %. This information indicates that there is a significant number of long term parking in a marked patient parking only area. Similarly, in Area C the long term parking as a percentage of the total observations ranged from 200/6-100 %. The average percentage was over 50 %. This parking area currently functions as an overflow parking area, with some employee parking already occurring. However, with about 3 -4 long term vehicles parking in this area, not all of the 54 employees on -site are parking in this area. Item 9.a. - Page 126 Mr. Rob Strong April 30, 2004 Page 5 Lastly, in Area D, the range of long term packers was found to be 3 -12 %, with an average of about 10 0/b. This indicates that this parking area is used by mostly patients and patrons of the site. As seen in this table, a significant number of long term parking is occurring in the limited parking area reserved for the 860 and 880 Oak Park Boulevard professional offices (Sub Areas A and B). This indicates that employees of the offices are parking in the small designated parking areas and occupying spaces that could be available for patients. The combination the employee parking and the two handicapped parking spaces in this area, limits the availability of these spaces to be used by the general public /patients. Analysis of this data is expanded on in Table 5. Long Term Parkino Data for the Shared Kennedy /Sheppel Parking Area (Area B) - Table 5 The purpose of this analysis was to evaluate the affects of the long term.parking observed in this area. In this sub area,-24 spaces were designated for Medical Office patient parking only between 7:30 AM and 6:00 PM, Monday through Friday. Of these spaces, 8 -15 spaces were occupied by long term parkers that were observed to be employees of the medical offices during the peak hours of 8:00 AM and 3:00 PM. By the strict interpretation of the parking signs posted on the site, these vehicles could be towed and the spaces made available for patient parking. -in ibe remaining-pvrtion of Area B, there are no restrictions on the 46 spaces in terms of . parking. The long term parking component of this area was 8 -15 spaces between the hours of 9:00 AM and 4 :30 PM. The majority of these long term parkers were located in the parking area farthest from the Kennedy Club Building and medical offices. Most of the spaces in front of the Kennedy Club building were available for patrons. James Way Intersection The operation of the existing James Way-driveway access was evaluated. During the afternoon peak hours of 4:00 — 6 :00 PM, manual turning movement counts were conducted for the intersection focusing on traffic entering or leaving the site. The results of the turning movement analysis are shown below in Table 6. Table 6 Intersection Turning Movements at James Way — Monday/Thursday Time Right In 1 Left Out Left in Riqht Out 4:30 PM 119 1 17 17 1 9 1 3 1 3 2 J 2 4 :45 PM 120 1 30 1 20 1 11 11 13 1 9 10 5:00 PM 119 1 23 1 20 1 17 1 1 1 5 1 5 15 5:15 PM 131 1 25 1 16 1 16 13 1 6 1 7 1 4 5:30 PM 112 1 18 1 20 1 16 -61 3 1 1 1 5 5:45 PM 120 1 15 1 19 1 11 12 1 2 1 3 14 Total 1121 1128 1112 180 116 122 27 120 Percentage 188% 1 85% 1 80 °;° 1 80% 12% 115% 1 200% 120% Item 9.a. - Page 127 Mr. Rob Strong April 30, 2004 Page 6 The turning movement data indicates that the majority of traffic entering the site is oriented toward Oak Park Boulevard — over 80 11/0. Further during the traffic counts, entering vehicles were observed to swing wide upon entering the site and cross over into the outgoing vehicle paths on numerous occasions. Also at the first turn on -site into the parking fields, vehicles were also observed to cut the corner and travel into the other side of the drive aisle. With the landscaping and vertical grade change that exists at this location, visibility is limited, Several near misses were observed at this location. The queue of vehicles waiting for the left turn signal on James Way at the Oak Park Boulevard intersection reached a maximum of five vehicles with the majority reaching four vehicles or less during the PM peak hours. The left turn lane has adequate storage for 4 -5 vehicies.(125 feet). The closest James Way driveway could be 226 feet. This indicates that the left turn traffic at the Oak Park Boulevard intersection would not be expected to affect the operation of left turn traffic at the proposed upper site driveway. Summary and Analysis To document the parking characteristics at the Kennedy — Sheppel medical office /health club site, two surveys were conducted on a typical Monday and typical Thursday during the week. The data indicated that the site overall has adequate parking available to tenants, patients and patrons. However, the management of the parking spaces remains a problem. The problem stems not from parkers using spaces that are not designated for their building,'but employees parking close in. Also, the designation of the parking area furthest from all of the buildings is limited to the medical office buildings. The observed use of this parking area is for limited employee usage and overflow for Kennedy Club patrons. Based on the traffic volume data collected, over 80% of the vehicles entering or leaving the site travel toward Oak Park Boulevard. Also, many vehicles traveling on -site do not utilize their own travel lane. Recommendations The following recommendations have been developed by OEG staff and reviewed with the Public Works Department to address the parking and vehicle operating behavior observed. 1. Strongly encourage all employees to utilize parking in Area C to allow the high turnover patient/patron parking to utilize the close in spaces. This will include redesignating Area C for employee parking only. 2. The property owner should install additional parking lot lighting in Area C to provide adequate nighttime visibility. 3. Open the westerly or upper driveway to the project site for right turn access only from James Way. This would include appropriate signage, removal of the asphalt berm, temporary removal of eight parking spaces immediately adjacent to the driveway, and the replacement of at least eight parking spaces on -site. These spaces could be provided on road base only; no asphalted parking areas are required. 4. Install 50 linear feet of double yellow painted pavement stripe at the existing entrance /exit to clarify the entry and exit lanes. Item 9.a. - Page 128 Mr. Rob Strong April 30, 2004 Page 7 5. Schedule a limited survey to assess the operation of the driveway modification and parking lot occupancy after the modifications are completed. This concludes the summary and analysis of the first Kennedy - Sheppel parking survey. Should you have any questions, feel free to contact us. OEG, Inc. thanks you for the opportunity to meet your needs on this exciting project. Sincerely, Stephen A. Orosz, P.E., P.T.O.E. Orosz Engineering Group, Inc. Enclosures Item 9.a. - Page 129 Table i Summary of Site Tennats Survey Number 1 860 Oak Park Boulevard Number Square Hours Days Employees Footaae Suite 101 SAM - 5:00 PM M -F 6 5220 Suite 102 6AM - 3:30 PM M -F 10 Suite 201 SAM - 6:00 PM M -W 4 5220 SAM 6:00 PM Th -Fri 4 Suite 202 SAM - 5:00 PM M -F 3 Suite 203 SAM - 5:00 PM M -F 4 Suite 204 SAM - 12 Noon M 5 1:15 PM - 5PM W 5 Suite 301 By Appointment Only 1 900 Building Total 32 11340 Employees per 1000 Square Feet 2.82 880 Oak Park Boulevard Number . Square Hours Days Employees Footaae Suite 101 Vacant NA NA Suite 102 Vacant NA NA 3780 Suite 103 Vacant NA NA Suite 201 7:30AM - 5:30 PM M -Th 5 3780 Suite 202 7AM - 7:00 PM M -F 4 Building Total 9 3780 Employees per 1000 Square Feet 2.38 (occupied space only) Kennedy Club Fitness 5AM - 10:00 PM M -F 10 to 16 15500 Building Total 13 16500 Employees per 1000 Square Feet 0.70 Site Total Building Total 54 33620 Employees per 1000 Square Feet 1.61 Item 9.a. - Page 130 Table 2 Site Parking Space UWaalen Dula by Subarea and TDIal Item 9.a. - Page 131 Spa CaOCMVWCybyAW Anrape A B C D '1031 9.111; 48.6% A ileble 25.01A 31.5% A 9 C D Taal Soacas 47.9% 7:03 2 34 2 14 51 111 7:00 7:30 3 28 3 13 46 117 7:30 8:C7 B 34 6 17 64 911 1100 8 :30 13 49 6 37 105 58 8:30 9: OD 21 60 6 51 137 25 800 930 19 61 6 45 130 33 220 1D.00 21 65 6 35 177 35 10:07 1070 19 64 6 32 120 43 1030 11:w 20 62 7 24 112 51 11:00 11 :30 17 56 7 27 106 56 1130 1200 15 61 3 23 102 61 1290 12J0 12 55 5 22 94 68 1230 1:00 14 47 5 18 B3 79 1:00 1:30 17 36 4 16 75 58 1:30 2:00 15 48 5 15 82 53 200 2:30 21 51 4 15 90 73 230 390 19 50 .3 15 87 76 3:07 330 15 53 3 17 (1`7 75 37.30 491) 16 56 4 27 109 6D 4:00 4:30 14 40 7 17 7B 76 4:30 590 11 54 7 37 103 109 5:C0 5:15 11 59 6 44 11B 44 5 :15 5:30 11 60 7 51 IA 35 5:30 5:45 8 SB 7 51 123 39 5:45 6:00 9 58 8 41 115 48 6 :00 6:15 7 60 B 45 119 43 615 630 6 60 B 43 116 46 6M Capacity 22 70 16. 54 162 Capeaty Item 9.a. - Page 131 See A B C D '1031 9.111; 48.6% 114% 25.01A 31.5% 11.4% 39.3% 15.6'A 24.1% 28.11K 35.4% 47.9% 34.4% 31.5% 39.51A 55.8'A 7Q0% 37.5'.1, 68.5% 6451A ®2% 85.7% 37.4% WA% IMS . MAU AS. 4% 34.4% 824% 79.9'A BS.6% B2914 37.5% 64B% 78.4% B1.1% 91.4% 34.4% 58.3% 718% a98% 979% 40.6% 44.4% 6BB% 77.3% 79.31A 402% 50.D'A 654% 6a2% 0B.CA 18.81A 4211% 627% 51.5% 79.3'A 31.31A 39B% 5801A 69.0. 67.1% 2B.1 % 32.4% 51.21A 75.01A 54.3% 3.014 29b% 460% EB.2% 68.6% 21A% 25.8% 50.6% M. ?A 721% 25.0% 26.81A 55,2% 54.1% 71.4% 111.8% 27.8% 53.4% 11821% 75.09. 1BAM 30.6% 53.7% 72.7% 87.0% 21.9% 50.0% 63.31A 63.6% 57.1% 43.8% 31.5% 48.1% 500% 77.1% 43.81A 685% 67.351 47.7% 83.6°A 34.4% 130,6% 72.8% 47.7% 85.0% 43.6% 83.6% 7B.4% :B4% 1121% 43.8% 216% 759% 33.6% 82.9% 50.0% 75.0% 7Q 7% 23.5% 65.0% 57.0% 813% 735% 773% 66.7'. 46.9% 790% 71.6% 1009% 100.09. 1MD% 100.0% 100.0% Item 9.a. - Page 131 T able 3 Site Parking Space Utilization Data by Subarea and Total Item 9.a. - Page 132 Zone A Zeno6 ZmeC Zone 37 Mmtes cr Ins fit 235 12' 203 31.60 Minues 39 220 14 148 61 -90 Minuet 29 134 6 77 90 -12D Minute 11 46 2 .28 Wore tnan2 Hors 30 95 11 10 Item 9.a. - Page 132 Zone A Zone B 2me C Zone D 30 Minues or less 36.3% 32.2% 267% 43.6% 31 -60 Minces 228% 30.1% 31.114 31.9% 61 AD Minutes 17.0'4 1B4%. 13.354 1E.514 9C- 120 Minues 6.4% 6.3 14 4.4% 6.(P4 More hen 2 Hogs 17.5°4 13.014 24.4% 2.1% 1 MAN 100.0% 1MAN 1011014 Item 9.a. - Page 132 ra%1 lnlp T.nn P.Ir 0 ePln l•If.lm No.Y 3 —,- wer m I Item 9.a. - Page 133 A 6 C I.K .rc.n 1..• PsM 1..1 .r.wl lanp Pwsnt W101w. 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D m Co U co d Cl) M C O N N C U,)m r On (n J c Y .C: N CL hu m m m ti N O Cn M N N m m m C7 m CD m m Cn CD CD N N r 0 N N N m C Q C v-C Q m m m m m n N Q Q CU p om°, °O o 0000o 000000000 Ono w o m O C7 O C'7 oo o�O m o n o m n n m m CT 6i �i 4 Cn C U E V i e o c e o o p�o o o o 0 0 0 0 0 0 0 m c m m C'i co Cn ^ r- N N C7 CD ^ n 0 m 0� V m 0 N a`> I c m m n av n n n n cD n n �n cD LO �n u) c c� �n cD a o J d O. ^ Lri t17 m aaiJm Lr) co^ ^mrnm'mnncDUO O v- 0 m O O .O ^ O1 m m CJ CD tt Q fD m -,:p O n CD N N ^ ^ ^ ^ ^ r ^ ^ ^ m N 0 0 0 0 0 0 cmr 0c-30 m oc00mcpnocm0 � n n m 0 6i N ^ N N f7 C) r Q CC7 U It Cl) r N a E N JAMES WAY O P all Item 9.a. - Page 135 ATTACHMENT 7 0=& OrDsz Engineering Group; Inc DEG Ref 50303 June 3, 2013 City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 Subject: Arroyo Grande Assisted Living & Memory Care Project; Dir. Russ Sheppel Orosz Engineering Group, Inc. (DEG) is the traffic engineering company used by Dr. Sheppel for nearly a decade, regarding the property at Oak Park and James Way and the existing entitlements for Tentative Tract Map 2813. We have analyzed the off -site traffic impacts and on -site parking impacts of the various projects that have been proposed. Many of these studies are still valid, while some may require updating. All of the studies are generally applicable to the requested modification to the entitlements, Dr. Sheppel is seeking. The previous studies address various specific traffic needs of the site and the development adjacent to the creek. The modification from the existing entitled project to a senior assisted living facility will result in less parking demand and less traffic impacts. Dr. Sheppel has discussed his updated project application to amend the existing entitlements and we can support that request, based on the decreased parking demands and similar traffic loads. We look forward to assisting Dr. Sheppel on this new endeavor. Should you have any questions, we will be glad to discuss them with you. Feel free to contact us as you need to during this process. Sincerely, Sfe1*t4-,, A. O ro-yz Stephen A. Orosz, P.E. Traffic Engineer Orosz Engineering Group, Inc. PO Box 1262 . Santa Ynez . CA . 93460 . 805 -688 -7814 . oeg @oegsite.com Item 9.a. - Page 136 ATTACHMENT 8 MEMORANDUM Date: February 20, 2015 To: Russ Sheppel From: Joe Fernandez and Krista Purser, CCTC Subject: Meadow Creek Traffic Issues Review This memorandum summarizes our review of traffic issues for the assisted living project proposed for 880 Oak Park Boulevard in Arroyo Grande. Multiple development alternatives have been approved for the project site over the past twenty years. These include the development of 18 townhomes and 8,000 square feet of offices; 25,000 square feet of medical offices; and the current proposal of an assisted living /memory care facility with 70 beds and 16 independent living units. Table 1 summarizes the trip generation and parking demand for the three project descriptions approved over the years. Table 1: -S un-unary Trips and.Parking Demand Number of Trips I Parking Land Use Size Daily AM PM Demand � �,,,e• �d_,y *+i_' '� �r�n� ` ��F,���.'f��• -�.•� S.'�' ^s '^t"'- �y Y� �r � c� �s�i�:: ;! Attached Independent Living 16 units 69 3 5 11 Assisted Living 70 beds 186 10 15 38 Total Proposed Project Trips 255 13 20 49 Townhomes 18 units 114 9 9 27 Commercial Office 8,000 s.f. 88 12 12 24 Total Residential Alternative Trip 202 21 21 51 _ iuZ... -.`T :, " *"y5k � �} � ledtca7V A Ace 1 ternadver ` �a s R, s a ..a ... .:he.: d 5:..2L.2^...S: :v:soSir- -,:S:am a°si�'ry ... �..w ..s.......:o.= sf.u.4...•3�` Rte.- .tiiL-r.'-:i Medical Office Building s.f. 903 60 89 107 1. See Table 2 for details. 2. 85th percentile parking demand as reported by ITE's Parking Generation report. Source: Trip Generation, 9th Edition, ITE (2012 ) and CCTC, 2015 The medical office uses would generate significantly more vehicle trips and parking demand when compared to the proposed project and the residential alternative approved in the early 2000s. Site access and on -site circulation are adequate as proposed. The findings in the transportation and parking studies prepared in 2004 and 2006 by Orosz Engineering Group are applicable to the proposed project since the site uses and surrounding conditions have not changed substantially. Further details are provided in the following sections. (805) 316 -0101 895 Napa Avenue Suite A -6, Morro Bay, CA 93442 Item 9.a. - Page 137 Meadow Creek Traffic Issues PARKING AND TRIP GENERATION ESTIMATES Parking estimates were developed using the Intitute of Transportation Engineers' Parking Generation report, which summarizes parking demand studies for a variety of land use types. The studies typically report average, 85th percentile, and 33rd percentile values of parking demand for a given land use among other statistics. The 85d percentile demand- which corresponds to the demand that would not be exceeded 85 percent of the time - is commonly used for recommended parking rates. Note that these demand estimates are different from the supply rates required by the City's Municipal Code, which governs the parking supply on the site. Table 1 summari zes the 85th percentile parking demand for the proposed project and two past project descriptions. These values are presented to show the relative intensity of the proposed project in comparison to former uses approved for the site. The proposed project and residential alternative would generate less than half of the demand of a medical office alternative. Trip generation estimates were prepared to show the relative traffic generating intensity of the current proposal compared to prior alternatives. All estimates were developed using data contained in the Intitute of Transportation Engineers' Trip Generation Manual. Table 2 sturnma izes the trip estimates. 'Table 2: Project Trip Generation Number of Trips AM PM Land Use Size Daily In Out Total I In Out Total •.�- 0!, , �. .. Attached Independent Livings 16 units 69 1 2 3 3 2 5 Assisted Living 70 beds 186 7 3 10 7 8 15 Total Proposed Project Trips 255 8 5 13 10 10 20 U.Ia Resrclentral Altemaef t. ref ._' 1h . ti: __....�. Townhomes3 18 units 105 1 7 8 6 3 9 Commercial Office 8,000 s.f. 88 11 1 12 2 10 12 Total Residential Alternative Trips 193 12 8 20 8 13 21 x t om , � h ,s rMedical0ffice� tematrVe g 147 Medical Office Building s 25,000 s.f. 903 13 60 25 64 89 1. ITE Land Use Code 252, Senior Adult Housing - Attached. Fitted curve equations used. 2. ITE Land Use Code 254, Assisted Living. Average rates used. 3. ITE Land Use Code 230, Residential Condominium /Townhouse- Average rates used. 4. ITE Land Use Code 710, General Office. Average rates used. 5. ITE Land Use Code 720, Medical Office Building. Average rates used. Sourm Trip Generation, 9th Edition, ITE (2012 ) and CCTC. 2015 The medical office uses generate the highest peak hour and daily traffic levels. The residential alternative and proposed assisted living /independent living projects would generate significantly fewer new trips. Central Coast Transportation Consulting February 20, 2015 Item 9.a. - Page 138 Meadow Creek Traffic Issues PREVIOUS TRAFFIC STUDIES Four prior traffic studies have been prepared for the project site: 1. The first, dated June 2, 1999, was prepared by Penfield & Smith. It evaluates the traffic impacts of the Kennedy Health Club and an 11,335 square foot office building proposed at that time. Both buildings have since been constructed. 2. The second report dated April 30, 2004 was prepared by Orosz Engineering Group, Inc. (OEG). This report summarizes OEG's survey of parking occupancy on the site and recommends actions to improve parking conditions. It notes that parking on the site is effectively fully utilized, recommends internal circulation changes, and recommends that employees park in the parking areas near the creek. 3. The third report dated January 17, 2006 was also prepared by OEG and evaluates the impacts of 22 residential units. It estimates 14 AM and 18 PM peak hour trips, which is only a nominal difference from the assisted living project currently proposed. This report found that the project's traffic generation would not impact the circulation system. 4. The fourth report dated April 26, 2006, also prepared by OEG, documents the peak hour vehicle turning movements into the project site driveway and the New Hope Church driveway across James Way. The intent of this analysis was to determine the preferred access configuration at the project site. Three options were considered at this time: 1) a single driveway opposite the Church driveway; 2) a single driveway offset from the Church driveway; and 3) two driveways, entrance only on the upper and exit only on the lower driveway. The report concludes that due to the low levels of conflicting turns any of the alternatives provides reasonable operations. Reports 2, 3, and 4 were all prepared under similar conditions to what exists on the site today. Land uses and building sizes have not changed on the site since these reports were prepared. The land uses related to traffic levels on James Way, including the residential developments to the north in the vicinity of Equestrian Way, and to the south near Rancho Parkway, were all in place prior to 2004. Given that the proposed project generates traffic and parking levels similar to the residential alternative evaluated in report 3, that report and its findings are applicable to the proposed project. SITE ACCESS AND CIRCULATION Multiple access alternatives have been developed for the site, which is subject to access easements for adjacent parcels. The current plan, attached, shows the upper driveway (closest to Kennedy Club Fitness) as a one -way inbound only access point with full access on the lower driveway. An alternative plan under consideration maintains the current configuration with two -way access at both driveways. Either option provides acceptable site access and on -site circulation. The two full- access driveways increase the number of potential conflict points at the closely spaced driveways on James Way, but reduce the number of vehicles circulating through the middle of the site. The inbound -only alternative has the opposite effect, reducing conflict points on James Way but focusing all outbound site traffic along the frontage of the proposed assisted living /memory care facility. Please let us know if you have any questions. Enclosures: Site Plan Central Coast Transportation Consulting February, 20, 2015 Item 9.a. - Page 139 ATTACHMENT 9 From a strictly Municipal Code standpoint, the following parking requirements would be in effect if the medical office buildings and health club were constructed today. This is complicated, however, by the fact that there is no specific requirement for health clubs in the Municipal Code. For this reason, staff has used the same 1 space /250 square feet ratio used for the office buildings. The parking spaces required as identified in the Penfield & Smith study are also included for comparison purposes. Table 1: Oak Park Professional Plaza Existina Use Parkins Reauirements r.. Use= _ .. Square= Space's Required r Spaces :Required Footage AGMC Penfield /Smith Sheppel 1 (880 Oak Park 8,866 sq. ft. 35 spaces 57 spaces Medical Building Farro Building (Sheppel 2 - 11,500 sq. ft. 46 spaces 860 Oak Park Medical Building Kennedy Club Fitness 17,973 sq. ft. 72 spaces 83 spaces Total 153 spaces 140 spaces Currently, 146 parking spaces are provided on the project site, with certain amounts restricted for use by the medical offices during daytime hours. This is a five percent (5 %) reduction in the 153 spaces estimated to be required by the Municipal Code for the Plaza. Looking at the Plaza under a peak demand scenario, a total of 164 spaces would be required (Municipal Code requirements for 880 & 860 Oak Park plus spaces required for Kennedy under the parking study). Under peak demand, a parking reduction of eleven percent (11 %) exists for the site. In total, 199 spaces are required for the Plaza under the approved required parking for the existing development and the Municipal Code requirement for the proposed project, 212 spaces would be required under a full Municipal Code requirement scenario, and 223 spaces would be required under the peak demand scenario. These result in parking reductions of three percent (3 %), nine percent (9 %), and thirteen percent (13 %) respectively when compared to the 193 parking spaces to be provided at the Plaza. In accordance with AGMC Subsection 16.56.050.1, the total parking requirements may be reduced to 80% of the required standard for shared uses. All of the theoretical mixed -use parking reductions identified for the Plaza fall within this percentage of deviation. However, if the Commission were to determine it not appropriate to include the eighteen (18) spaces shared with the hotel in total parking provided, parking reductions of twelve percent (12 %),.seventeen percent (17 %) and twenty -one and a half percent (21.5 %) for the approved required, Municipal Code and peak demand scenarios would be necessary. Table 2 summarizes these theoretical reductions. Item 9.a. - Page 140 Table 2: Oak Park Professional Plaza Existinq Use Parkinq Requirements Scenario`; _ Parking._ _ , ., - Mixed =Use Mixed =Use' :'Reduction. Required - `.Reduction:. :Required: 'Less--Spaces. `Required Shaved' ith.Hotel Approved Required 199 spaces 3% 12% Parking Strict Municipal Code 212 spaces 9% 17% Parking Peak Demand 223 spaces 13% 21.5% Scenario Parking Item 9.a. - Page 141 ATTACHMENT 10 0�& Orosz Engineering Group Inc Memorandum To: Kelly Heffernon Don Spagnolo City of Arroyo Grande From: Stephen Orosz, PE, PTOE Orosz Engineering Group, Inc Date: April 26, 2006 OEG Reference 050305. Subject: James Way Driveway Monitoring — Sheppel /Kennedy /New Hope Church This memorandum documents the field data collected at your request in association with the driveway options for the Sheppel Residential Project. At our meeting last week, the need to document the vehicular turning movements at the existing Kennedy /Sheppel driveway and those of the New Hope Church /School driveway was identified. The City was interested in finding out the amount of turning traffic at these two driveways in presenting information to the City Council for their consideration. The goal of the traffic count data collection was to determine the number of conflicting movements that may occur with the three access options for the Sheppel Site. The three. options include the existing conditions (one Sheppel driveway opposite the existing Church driveway), a single upper driveway on the Sheppel site (offset about 50 feet from the church driveway) and two Sheppel site driveways (an entrance only at the upper driveway and exit only at the existing lower driveway). The traffic count data was to be collected during peak church site hours to determine the maximum potential vehicle conflicts. The New Hope church site has a church, pre - school and private elementary school (K -6 grades). The New Hope church has one service on Sunday morning at 10:00 AM. The pre - school /school before and after school care has hours of 7:00 AM through 5:30 PM for child care and 8:25 AM — 3 PM for the schools. The data collection occurred on a Sunday morning (9:30 AM — 12:30 PM) and on a Tuesday (6:30 - 9:00 AM and 2:30 — 6:00 PM). During these nine hours, all turning movements were documented by 15- minute totals. The data is summarized in Tables 1, 2 and 3 for the Sunday, Tuesday AM and Tuesday PM periods. Once the data was collected, it was tabulated by Sunday peak hour for the start of church and peak hour for the end of church. For the weekday, the data was tabulated by peak hour of each driveway (school or Sheppel Site). During the AM peak hour, the peak driveway hour was the same for both driveways (8:00 — 9:00 AM). During the PM peak hour, the school peak occurred between 2:45 and 3:45 PM, while the Sheppel site driveway peaked between 4:45 and 5:45 PM. 1627 Calzada Avenue . Santa Ynez . CA . 93460 . 805 - 688 -7814 . oeg @quixnet.net Item 9.a. - Page 142 Page 2 During the data collection, the number of opposing left turn vehicles totaled less than one per minute for each of the survey time periods. During the nine hours, only one pair of opposing left turning vehicles met each other. For the remainder of the time, left turn vehicles did not have to wait any more than about 5 -10 seconds to complete their turn. Most vehicles did not have to wait at all to complete their turn. The driveway turning movements for each of the three driveway options is depicted on Exhibits 1, 2, 3, 4, and 5 for the various data collection time frames. Based on these observations, any of the three driveway alignment options provide reasonable operation for site access and access to the school /church. Should you have any questions, feel free to contact.me. . End of Memorandum 1627 Calzada Avenue . Santa Ynez . 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I I I I w I I I I Q N O I I i I W o I I I I a- w W I b I I IL = I of I I 0 U IjI I I _ CY- 6_j I III I LAP D I I tl I 3 = ��� 1 11 oV I w U I P I i w U Z 1 1 I I IL w CL I I t l W O = Of I I 9 10- I h�l I I P I I I IMlrl ► I IC,,, I I Iba I I I d 1 ► 9 I I I I 1 q I I q I I II I I II I I II I I u l I Ibq I � ► I II I Q I l p l I I tl I I i V I Lij I l q l � Ilu.l Q IIuI I I V I vi I l tl l Z I I p I B I I I tl I — I I q I - I rn o a`) ox n c o a, Ili c w 'dn�8 AdVJ NVO 0 o 0 in o LO a� CD a of Table 1 Sunday Data Collection Sheppel - Kennedy Site Time Period Church Driveway Sheppel Driveway 15 min Begin Left In Right Out Left Out Right In Right In Left Out Right Out Left In Totals 9:30 1 0 0 0 22 10 7 2 42 9:45 4 0 0 2 11 9 3 1 30 10:00 6 2 0 7 9 6 3 0 33 10:15 1 0 0 1 7 3 2 1 15 10:30 0 0 1 0 8 10 1 2 22 10:45 0 0 0 0 12 15 9 4 40 11:00 0 0 0 0 6 12 4 1 23 11:15 0 1 1 0 8 12 4 0 26 11:30 0 3 0 0 8 4 2 0 17 11:45 0 2 0 0 6 11 2 0 21 Noon 0 34 8 0 3 11 3 0 59 12:15 1 7 2 0 4 9 0 0 23 Item 9.a. - Page 159 1 P h1 1 I w I I I W O I I I I �—Q�= LLJ I I I 10 I I 4 1 m i I I p Y W I u I I oQ �= Irnl I I 00a- O = Z9� 1 110011 1 J WU Z I I I I W I I I I W O I I� II I I I D I Ind I I I d I I I I ul I al I nl I 0 I I p I I II I I I a I Q I I II I I I a I Ilul W I l a l Ilul � Ilal Q Ilal I I a I Ilal Z Ilal Ilal Ilal — I I p I I Iba i - a rn � O C O C W 'an�8 >i?Jdd NVO o o 0 O CO tU a� a Ci a) E a� pp L I dip I p0�� 1 U0%1 1 (n = 0> I t l i W 0- I I I I Q I I I I = I l d l LLI l o 1 1 1 1 m I I O Q W 0 OC) a O U Ij I I�I I i _ 5th I I1�� I Lz � I I d i F— w U I N00 lo wU Z I I ICI CL� I I I I w0 I I I = 1 1 9 1 (/) C I h I I 1x11 I ICI I f I I I I Ind I I I I I n I I U I I U I ! 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I I d I I I I I I I 1 I I I I I I I I 1 I I q I I I q I Q I l g l I I p I I l g l . _ I 1 p I Q I ! q I vi I'I 1 I •� � I I I I I I I I IMI I a rn � v a, o I I I Q) 0 0 Ln � c w 'an�8 >Iddd AVO o ti m a� a� a of E ATTACHMENT 11 C5 ` D D INITIAL STUDY/ v r---------------� -{ MITIGATED NEGATIVE .1�CAC "PFO RN.IA DECLARATION Conditional Use Permit 12 -002 Variance 12 -004 Lot Merger 12 -003 Amended Vesting Tentative Tract Map 12 -001 New 69 -bed Assisted Living /Memory Care Facility and 8- Townhomes 880 Oak Park Boulevard (Southeast corner of Oak Park Boulevard /James Way Intersection) August 2013 Item 9.a. - Page 168 THIS PAGE IS INTENTIONALLY BLANK Item 9.a. - Page 169 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Project: Conditional Use Permit 12 -002 Variance 12 -004 Lot Merger 12 -003 Amended Vesting Tentative Tract Map 12 -001 Lead Agency: City of Arroyo Grande Document Availability: • City of Arroyo Grande Community Development Department 300 East Branch Street Arroyo Grande, CA 93420 • http: / /www.arroyogrande.org/ Project Description: The proposed project is a phased residential development on approximately 1.8 acres adjacent to Meadow Creek with frontage on James Way. The overall site (3.74 acres) is identified as the Oak Park Professional Plaza, which is currently developed with two medical office buildings and health club (Kennedy Club Fitness). The project site is undeveloped with a portion currently used for overflow parking. The property has been disturbed from previous earthmoving activities for adjacent development and therefore the soils consist primarily of fill material. Phase I is a 69 -bed assisted living and memory care facility located adjacent to Meadow Creek. Phase I includes forty -four (44) Alzheimer care units (1 -bed and studio units) and twenty -five (25) assisted living units (1 -bed and studio). Fifty -two (52) off - street parking spaces on approximately 1.2 acres are provided in addition to the 69 care units. This parking area includes vehicular connections to the adjacent property at 1260 James Way (Kennedy Club Fitness). The project also includes an ADA compliant decomposed granite pedestrian path adjacent to Meadow Creek connecting James Way to the hotel property at 850 Oak Park Boulevard. Phase II is an amendment to Vesting Tentative Tract Map 04 -006 and an entitled 8 -unit townhouse project located adjacent to and northwest of Phase I to provide better site utilization and interior floor plan design. The amendment includes two -car tandem garages in place of the previously- approved single -car garages. These garages would be relocated underneath the townhouses as basements, resulting in a building height of twenty -nine feet (29'), representing a six foot (6') height decrease from the original approval. A variance and lot merger are being pursued concurrently with the conditional use permit and amended vesting tentative tract map. The variance is necessary to deviate from the fifty foot (50') creek setback from top of bank for Meadow Creek. A previously entitled multifamily housing project was approved for the subject site with a creek setback of twenty -five feet (25'). New setbacks of approximately thirty -five feet (35') from the top of bank are proposed. The lot merger will combine two of the lots for the construction of Phase I and will help delineate Phase I from Phase 11. Page 3 of 50 Item 9.a. - Page 170 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Summary Document Preparation: Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the City) has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for the proposed project and finds that these documents reflect the independent judgment of the City. The City, as lead agency, also confirms that the project mitigation measures detailed in these documents are feasible and will be implemented as stated in the Mitigated Negative Declaration. Page 4 of 50 Item 9.a. - Page 171 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Teresa McClish, AICP Date Community Development Director Matthew Downing Assistant Planner Date Page 5 of 50 Item 9.a. - Page 172 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Table of Contents: Introduction.................................................................................................................... ..............................8 Introduction and Regulatory Guidance ....................................................................... ..............................8 LeadAgency ................................................................................................................ ..............................8 Purpose and Document Organization ......................................................................... ..............................8 Summaryof Findings ................................................................................................... ..............................9 ProjectDescription ......................................................................................................... .............................10 Introduction............................................................................................................... .............................10 Location...................................................................................................................... .............................10 Background and Need for Project .............................................................................. .............................10 ProjectDescription ..................................................................................................... .............................10 Other Required Public Agency Approvals .................................................................. .............................10 RelatedProjects ......................................................................................................... .............................11 EnvironmentalChecklist ................................................................................................ .............................12 ProjectInformation .................................................................................................... .............................12 Environmental Factors Potentially Affected .............................................................. .............................13 Determination............................................................................................................ .............................13 Evaluation of Environmental Impacts ........................................................................ .............................14 EnvironmentalIssues ..................................................................................................... .............................15 I. Aesthetics ................................................................................................................ .............................15 II. Agriculture and Forest Resources .......................................................................... .............................16 III. Air Quality ............................................................................................................. .............................17 IV. Biological Resources ............................................................................................. .............................20 V. Cultural Resources ................................................................................................. .............................23 VI. Geology and Soils ................................................................................................ ............................... 24 VII. Greenhouse Gas Emissions .................................................................................. .............................26 VIII Hazards and Hazardous Materials ....................................................................... .............................28 IX Hydrology and Water Quality .............................................................................. ............................... 29 X. Land Use and Planning ........................................................................................... .............................33 XI. Mineral Resources ................................................................................................ .............................34 XII. Noise .................................................................................................................... .............................35 XIII. Population and Housing ...................................................................................... .............................36 XIV. Public Services .................................................................................................... .............................36 XV. Recreation ............................................................................................................ .............................37 Page 6 of 50 Item 9.a. - Page 173 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 XVI. Transportation/ Traffic ........................................................................................ .............................38 XVII. Utilities and Service Systems ............................................................................. .............................40 Mandatory Findings of Significance ............................................................................... .............................41 Summary of Mitigation Measures ................................................................................. .............................42 References..................................................................................................................... .............................50 Documents& Maps ................................................................................................... .............................50 Page 7 of 50 Item 9.a. - Page 174 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Introduction Introduction and Regulatory Guidance The Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared by the City of Arroyo Grande (the City) to evaluate the potential environmental effects of the proposed project. This document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR) §15000 et seq. An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant effects to a less- than - significant level, a Mitigated Negative Declaration may be prepared instead of an EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons a proposed project would not have a significant effect on the environment and, therefore, why an EIR need not be prepared. This IS /MND conforms to the content requirements under CEQA Guidelines §15071. Lead Agency The lead agency is the public agency with primary approval authority over the proposed project. In accordance with CEQA Guidelines §15051(b)(1), "the lead agency will normally be an agency with general governmental powers, such as a city or county, rather than an agency with a single or limited purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for the lead agency is: Matthew Downing, Assistant Planner City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 (805) 473 -5420 Purpose and Document Organization The purpose of this document is to evaluate the potential environmental effects of the proposed project. Mitigation measures have been identified and incorporated into the project to eliminate any potentially significant impacts or reduce them to a less- than - significant level. This document is organized as follows: • Introduction This chapter provides an introduction to the project and describes the purpose and organization of this document. • Project Description This chapter describes the reasons for the project, scope of the project, and project objectives. Page 8 of 50 Item 9.a. - Page 175 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 • Environmental Setting, Potential Impacts and Mitigation Measures This chapter identifies the significance of potential environmental impacts, explains the environmental setting for each environmental issue, and evaluates the potential impacts identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are incorporated, where appropriate, to reduce potentially significant impacts to a less -than- significant level. • Mandatory Findings of Significance This chapter identifies and summarizes the overall significance of any potential impacts to natural and cultural resources, cumulative impacts, and impact to humans, as identified in the Initial Study. • Summary of Mitigation Measures This chapter summarizes the mitigation measures incorporated into the project as a result of the Initial Study. • References This chapter identifies the references and sources used in the preparation of this IS /MND. It also provides a list of those involved in the preparation of this document. Summary of Findings Section 3 of this document contains the Environmental (Initial Study) Checklist that identifies the potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting from implementation of the proposed project. In accordance with §15064(f) of the CEQA Guidelines, a Mitigated Negative Declaration shall be prepared if the proposed project will not have a significant effect on the environment after the inclusion of mitigation measures in the project. Based on the available project information and the environmental analysis presented in this document, there is no substantial evidence that, after the incorporation of mitigation measures, the proposed project would have a significant effect on the environment. It is proposed that a Mitigated Negative Declaration be adopted in accordance with the CEQA Guidelines. Page 9 of 50 Item 9.a. - Page 176 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Project Description Introduction This Initial Study /Mitigated Negative Declaration (IS /MND) has been prepared by the City of Arroyo Grande (the City) to evaluate the potential environmental effects of the proposed project. The City contains 5.5 square miles and has a population of approximately 17,252 (2010 Census). Tourism, retail sales, services, and agriculture form the core of the local economy. Arroyo Grande has distinct areas of residential, commercial, and industrial land uses and future development is expected to be through infill development, rather than through the conversion of undeveloped land to urban uses outside of City limits. Location The proposed project is a phased residential project to be located on approximately 1.8 acres. The property is located near the corner of Oak Park Boulevard and James Way, adjacent to Meadow Creek, with access from James Way. Nearby land uses include medical offices, a health club, a hotel, a church, and a residential subdivision across the creek. Background and Need for Project The Arroyo Grande City Council adopted Resolution No. 3921 on May 9, 2006, 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 the subject property into nineteen (19) lots resulting in 24 density equivalent town homes and condominiums. Through numerous State map extensions, the project remains entitled through May 9, 2016. The proposed project will revise the previously approved creek setback from twenty -five feet (25') to thirty -five feet (35'), increasing the amount of riparian habitat to be restored in conjunction with the development. The proposed project will also result in a mix of housing options for elderly individuals, including those with Alzheimer's. The project will also provide eight (8) townhomes in a mixed -use setting within walking distance of many services needed for daily living. Project Description The proposed project is a phased residential development on approximately 1.8 acres adjacent to Meadow Creek with frontage on James Way. The overall site (3.74 acres) is identified as the Oak Park Professional Plaza, which is currently developed with two medical office buildings and health club (Kennedy Club Fitness). The project site is undeveloped with a portion currently used for overflow parking. The property has been disturbed from previous earthmoving activities for adjacent development and therefore the soils consist primarily of fill material. Phase I is a 69 -bed assisted living and memory care facility located adjacent to Meadow Creek. Phase I includes forty -four (44) Alzheimer care units (1 -bed and studio units) and twenty -five (25) assisted living units (1 -bed and studio). Fifty -two (52) off - street parking spaces on approximately 1.2 acres are provided in addition to the 69 care units. This parking area includes vehicular connections to the adjacent property at 1260 James Way (Kennedy Club Fitness). The project also includes an ADA compliant decomposed granite pedestrian path adjacent to Meadow Creek connecting James Way to the hotel property at 850 Oak Park Boulevard. Page 10 of 50 Item 9.a. - Page 177 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Phase II is an amendment to Vesting Tentative Tract Map 04 -006 and an entitled 8 -unit townhouse project located adjacent to and northwest of Phase I to provide better site utilization and interior floor plan design. The' amendment includes two -car tandem garages in place of the previously- approved single -car garages. These garages would be relocated underneath the townhouses as basements, resulting in a building height of twenty -nine feet (29'), representing a six foot (6') height decrease from the original approval. A variance and lot merger are being pursued concurrently with the conditional use permit and amended vesting tentative tract map. The variance is necessary to deviate from the fifty foot (50') creek setback from top of bank for Meadow Creek. A previously entitled multifamily housing project was approved for the subject site with a creek setback of twenty -five feet (25'). New setbacks of approximately thirty -five feet (35') from the top of bank are proposed. The lot merger will combine two of the lots for the construction of Phase I and will help delineate Phase I from Phase H. Other Required Public Agency Approvals The applicant will be required to coordinate with the Regional Water Quality Control Board, the San Luis Obispo County Air Pollution Control District, and the Army Corps of Engineers to obtain all necessary permits to complete the project. Related Projects Vesting Tentative Tract Map 04 -006 Planned Unit Development 04 -005 Minor Exception 05 -015 Oak Park Plaza Master Plan Page 11 of 50 Item 9.a. - Page 178 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Environmental Checklist Project Information Project Title: Conditional Use Permit 12 -002 Variance 12 -004 Lot Merger 12 -003 Amended Vesting Tentative Tract Map 12 -001 Lead Agency Name & Address: Contact Person & Telephone Number: City of Arroyo Grande 300 East Brach Street Arroyo Grande, CA 93420 Matthew Downing, Assistant Planner (805) 473 -5420 Project Location: 880 Oak Park Boulevard Southeast corner of Oak Park Boulevard /James Way intersection Arroyo Grande, CA 93420 Project Sponsor Name & Address: General Plan Designation: Zoning: Description of Project: Surrounding Land Uses & Setting: Russ Sheppel c/o Sheppel Enterprises 2218 Old Middlefield Way #C Mountain View, CA 94043 Mixed -Use (MU) Planned Development (PD) Office Mixed -Use (OMU) Refer to page 10 The project site is surrounded by James Way and a church to the north, medical offices, a fitness facility, and Oak Park Boulevard to the West, a hotel and commercial center to the south, and Meadow Creek and a residential development to the east. Approval Required from Other Public Agencies: None. Page 12 of 50 Item 9.a. - Page 179 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact ", as indicated by the checklist on the following pages: ® Aesthetics ® Biological Resources ® Greenhouse Gas Emissions ❑ Land Use /Planning ❑ Population /Housing ❑ Transportation/Traffic ❑ Agricultural Resources ® Cultural Resources ❑ Hazards & Hazardous Materials ❑ Mineral Resources ® Public Services ❑ Utilities /Service Systems Determination On the basis of this initial evaluation: ® Air Quality ® Geology /Soils ® Hydrology /Water Quality ® Noise ❑ Recreation ❑ Mandatory Findings of Significance ❑ I find that the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ® I find that, although the original scope of the proposed project COULD have had a significant effect on the environment, there WILL NOT be a significant effect because revisions /mitigations to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT or its functional equivalent will be prepared. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment. However, at least one impact has been adequately analyzed in an earlier document, pursuant to applicable legal standards, and has been addressed by mitigation measures based on the earlier analysis, as described in the report's attachments. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the impacts not sufficiently addressed in previous documents. ❑ I find that, although the proposed project could have had a significant effect on the environment, because all potentially significant effects have been adequately analyzed in an earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project, all impacts have been avoided or mitigated to a less -than- significant level and no further action is required. Matthew Downing Assistant Planner Date Page 13 of 50 Item 9.a. - Page 180 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Evaluation of Environmental Impacts 1. A brief explanation is required for all answers, except "No Impact ", that are adequately supported by the information sources cited. A "No Impact" answer is adequately supported if the referenced information sources show that the impact does not apply to the project being evaluated (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on general or project- specific factors (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must consider the whole of the project- related effects, both direct and indirect, including off -site, cumulative, construction, and operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, the checklist answers must indicate whether that impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is sufficient evidence that a substantial or potentially substantial adverse change may occur in any of the physical conditions within the area affected by the project that cannot be mitigated below a level of significance. If there are one or more "Potentially Significant Impact" entries, an Environmental Impact Report (EIR) is required. 4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation Incorporated) applies where the incorporation of mitigation measures, prior to declaration of project approval, has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact with Mitigation." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR (including a General Plan) or Negative Declaration [CCR, Guidelines for the Implementation of CEQA, § 15063(c)(3)(D)]. References to an earlier analysis should: a) Identify the earlier analysis and state where it is available for review. b) Indicate which effects from the environmental checklist were adequately analyzed in the earlier document, pursuant to applicable legal standards, and whether these effects were adequately addressed by mitigation measures included in that analysis. c) Describe the mitigation measures in this document that were incorporated or refined from the earlier document and indicate to what extent they address site- specific conditions for this project. 6. Lead agencies are encouraged to incorporate references to information sources for potential impacts into the checklist or appendix (e.g., general plans, zoning ordinances, biological assessments). Reference to a previously prepared or outside document should include an indication of the page or pages where the statement is substantiated. 7. A source list should be appended to this document. Sources used or individuals contacted should be listed in the source list and cited in the discussion. 8. Explanation(s) of each issue should identify: a) the criteria or threshold, if any, used to evaluate the significance of the impact addressed by each question and b) the mitigation measures, if any, prescribed to reduce the impact below the level of significance. Page 14 of 50 Item 9.a. - Page 181 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Environmental Issues I. Aesthetics Environmental Setting The City is mostly built -out, with distinct residential, commercial and agricultural districts and several mixed -use areas. The City also contains portions of three creeks and several open space areas. The City has been recognized as a "Tree City" for each of the last 30 years. The proposed project will develop an approximately 1.8 -acre site that is partly vacant and partly utilized for overflow parking for the nearby medical office. Phase I is a 69 -bed memory care facility. Phase II is a revision to 8 townhomes previously approved and currently entitled to provide better site utilization and interior floor plan design. Although the area is currently vacant, previous grading has been performed in conjunction with the existing commercial development known as the Oak Park Professional Plaza. The previous commercial development has already impacted the public view along the Oak Park Blvd. and James Way corridors. The 8 -unit townhouse component of the proposed project is proposed to be redesigned for basement - level tandem parking with the buildings totaling twenty -nine feet (29') in height. The memory care facility is proposed be two stories with a basement level and will have a maximum height of thirty feet (30'). The site will be visible to adjacent residential condominiums (Leisure Gardens) to the east across the adjacent riparian corridor and from James Way. Discussion a, b: No impact c: The proposed project will alter the views from the existing residential development across Meadow Creek. These alterations, however, will not be significant as commercial development already exists within the Oak Park Professional Plaza. The project also includes restoration of the riparian corridor along the western creek bank that will enhance the natural environment and soften the visual impact of the proposed development. The building will be more residential in style several different materials to add complexity to the architecture. Materials include cement fiber lab siding and smooth cement plaster in green and beige hues as well as cement fiber trim in a brown hue. Eldorado stone river rock Page 15 of 50 Item 9.a. - Page 182 Potentially Less Than Less Than Significant Significant With Significant No Impact Would the project: Impact Mitigation Impact a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and ❑ ❑ ❑ historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or ❑ ❑ ® ❑ quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in ❑ ® ❑ ❑ the area? Discussion a, b: No impact c: The proposed project will alter the views from the existing residential development across Meadow Creek. These alterations, however, will not be significant as commercial development already exists within the Oak Park Professional Plaza. The project also includes restoration of the riparian corridor along the western creek bank that will enhance the natural environment and soften the visual impact of the proposed development. The building will be more residential in style several different materials to add complexity to the architecture. Materials include cement fiber lab siding and smooth cement plaster in green and beige hues as well as cement fiber trim in a brown hue. Eldorado stone river rock Page 15 of 50 Item 9.a. - Page 182 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 will be used on some of the lowest portions of the building. The roof is proposed to be multicolored, lightweight concrete roof tiles that complement the siding, trim, and rock materials. Less than significant impact d: The proposed project includes the addition of new exterior lighting fixtures on both phases of the project. However, all exterior lighting is required to comply with Development Code requirements including Sections 16.48.090 and 16.48.120. Less than significant with mitigation MM 1 -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. References: 1, 3, 5, 6 II. Agriculture and Forest Resources Environmental Setting The City of Arroyo Grande contains approximately 460 acres of active farmland, most of which is Prime Farmland consisting of Class I and Class II soils. The subject property is not located near Agricultural land. There are no forest resources located within the City. * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model for use in assessing impacts an agricultural and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest Page 16 of 50 Item 9.a. - Page 183 Potentially Less Than Significant Less Than Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the ❑ ❑ ❑ Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? b) Conflict with existing zoning for agricultural use, or a ❑ ❑ Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(8)), timberland (as defined by Public ❑ ❑ ❑ Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the loss of forest land or conversion of ❑ ❑ ❑ forest land to non - forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of Conservation as an optional model for use in assessing impacts an agricultural and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest Page 16 of 50 Item 9.a. - Page 183 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 and Range Assessment Project and the Forest Legacy Assessment project, and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Discussion a -e: No impact References: 1, 2, 3, 4, 5, 6, 11 III. Air Quality Environmental Setting San Luis Obispo County is in non - attainment status for ozone (03), respirable particulate matter (PM10) and vinyl chloride under the California Air Resource Board (CARE) standards. The County is in attainment status for all other applicable CARB standards. The proposed project will provide sixty -nine (69) beds in a residential care facility specializing in Alzheimer's care and assisted living. The project will also revise eight (8) townhomes previously approved and currently entitled to provide better site utilization and interior floor plan design. * Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make these determinations. San Luis Obispo County Air Pollution Control District (APCD) Specific Comments APCD reviewed the proposed project and submitted a letter dated June 24, 2013 outlining recommended mitigation measures. These measures have been incorporated into this Initial Study /Mitigated Negative Declaration. APCD encourages a balance of residential and commercial infill within the existing County URL /VRLs, as this is consistent with the land use goals and policies of the APCD's Clean Air Plan. Enabling residents the opportunity to live, work and shop within areas that utilize land use principles that reduce the need to drive and minimizes vehicle exhaust emissions which account for over 50% of the County's . air pollution including greenhouse gas emissions. Increasing Page 17 of 50 Item 9.a. - Page 184 Potentially Less Than Significant Less Than Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Conflict with or obstruct implementation of the ❑ ® ❑ ❑ applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality ❑ ® ❑ ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ❑ ❑ ❑ ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ® ❑ ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ❑ number of people? * Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied on to make these determinations. San Luis Obispo County Air Pollution Control District (APCD) Specific Comments APCD reviewed the proposed project and submitted a letter dated June 24, 2013 outlining recommended mitigation measures. These measures have been incorporated into this Initial Study /Mitigated Negative Declaration. APCD encourages a balance of residential and commercial infill within the existing County URL /VRLs, as this is consistent with the land use goals and policies of the APCD's Clean Air Plan. Enabling residents the opportunity to live, work and shop within areas that utilize land use principles that reduce the need to drive and minimizes vehicle exhaust emissions which account for over 50% of the County's . air pollution including greenhouse gas emissions. Increasing Page 17 of 50 Item 9.a. - Page 184 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 density can reduce trips and travel distances and encourage the use of alternative forms of transportation. APCD specifically commended the applicant on the following elements of the project design: 1. The project provides development within the city limits with nearby access to commercial services and transit service, which will reduce dependence on driving; 2. The project provides development within the URL where such development is planned for and expected; 3. The proposed residential buildings are two stories, resulting in a greater floor to area ratio. This creates a higher density land use, making transit services more viable and effective. In light of these elements of the project design, the APCD supports this project. . Discussion a -b, d: Based upon the emissions estimates provided by APCD, the construction phase emissions are anticipated to exceed APCD's daily emission threshold, resulting in an estimated 173 Ibs /day of Reactive Organic Gases (ROG) + Nitrous Oxides (NOx) being emitted. This exceeds the 25 Ibs /day ROG + NOx threshold in Table 3 -2 of the 2012 CEQA Handbook. Implementation of mitigation measures, however, will reduce the overall air quality impacts from the project to a level of insignificance. Less than significant with mitigation Construction Phase Emissions MM III -1: Based on the recommendation by APCD, the applicant shall demonstrate how the construction phase impacts will be below the level of significance as identified in APCD's CEQA Handbook prior to grading permit issuance and at least three months before construction activities are to begin. MM III -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; 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; Page 18 of 50 Item 9.a. - Page 185 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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 III -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 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 APCD. MM III -4: Prior to any demolition activities or the removal or relocation of utility pipelines at the site, if necessary, the project proponent shall notify APCD to ensure the activities occur in accordance with the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP). MM III -5: The following mitigation measures shall be implemented during construction to manage fugitive dust emissions such that they do not exceed 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; 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 PMlo mitigation measures required shall be shown on grading and building plans; and Page 19 of 50 Item 9.a. - Page 186 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. MM III -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. Operational Phase Emissions MM III -8: 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. c, e: No impact References: 1, 3, 4, 5, 6, 7, 12, 13 IV. Biological Resources Environmental Setting The project site has been disturbed with previous grading activities and imported fill material. Consequently the site topography has been altered creating a manmade berm at the top of Meadow Creek and a manmade wetland. A previous "Top of Bank Study" conducted by Triad /Holmes, Assoc., dated June 1, 2004, identified the top of bank is the 71 -foot contour line. The City approved a project consisting of 24 density equivalent townhomes and condominiums (22 physical units) in eleven (11) buildings in May of 2006 that was not constructed. Modification of part of that project is proposed as part of the current project. As part of the previous project approvals, the Army Corps of Engineers (ACOE) required mitigation for disturbance of the manmade wetland. Specifically, the ACOE issued a Section 404 permit under the Clean Water Act to the applicant on August Page 20 of 50 Item 9.a. - Page 187 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002: VARIANCE 12 -004: LOT MERGER 12 -003: AMENDED VESTING TENTATIVE TRACT MAP 12 -001 22, 2002. As part of the Section 404 permitting process, a Wetland Mitigation Plan was prepared by the Morro Group, Inc. dated May 21, 2002 that outlines restoration of the 0.18 -acre riparian area along the bank of the Meadow Creek drainage basin. On September 17, 2010 a wetland survey was completed by SWCA Environmental Consultants that indicated a reduced area of manmade wetland. The original 0.09 acres of wetland has been reduced to a 0.006 acre area. The project proponent has elected to continue with the previously developed Wetland Mitigation Plan for the current proposal even though the area of wetland has since been reduced. This extra mitigation will reduce any potentially significant impacts to less than significant levels. Discussion a -d: Construction of the project will fill a manmade depression area that currently acts to detain stormwater runoff and recharge the groundwater. Although this wetland is considered "waters of the United States ", it is also considered low value due to its manmade origin and composition of non - native Page 21 of 50 Item 9.a. - Page 188 Potentially Less Than Less Than Significant Significant With Significant No Impact Would the project: Impact Mitigation Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status ❑ ® ❑ ❑ species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the ❑ ® ❑ ❑ California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, ❑ ® ❑ ❑ vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife ❑ ® ❑ ❑ corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree ❑ ❑ ❑ preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ❑ ❑ Plan, or other approved local, regional, or state habitat conservation plan? Discussion a -d: Construction of the project will fill a manmade depression area that currently acts to detain stormwater runoff and recharge the groundwater. Although this wetland is considered "waters of the United States ", it is also considered low value due to its manmade origin and composition of non - native Page 21 of 50 Item 9.a. - Page 188 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 plant species. Mitigation is required and outlined in the Wetland Mitigation Plan to enhance the riparian corridor. Riparian vegetation provides habitat and streamside shading for Steelhead and California red - legged frogs, which are protected species that likely occur along the project reach of the creek during at least some portion of the year. Although no direct project- related impacts are expected to occur within the Meadow Creek riparian corridor, establishment of a 35 -foot setback from the top of bank would provide future protection of the riparian habitat, as well as implementation of proper erosion control methods during site construction. Less Than Significant with Mitigation 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. 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 Page 22 of 50 Item 9.a. - Page 189 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. e, f: No Impact References: 1, 3, 4, 5, 6 V. Cultural Resources Environmental Setting Previous investigations have indicated the presence of Native Americans within the present -day City Limits during prehistoric times. There are a handful of designated historical resources within the City, including the IOOF Hall, the Pauling House and the Bridge Street Bridge. A Phase I Archaeological Survey of the project area was conducted on October 9, 2000 by Heritage Discoveries, Inc. The survey produced negative results for the presence of cultural resources. According to the study, no cultural materials were observed during the two meter transects made across the property. Since the site has been previously graded, the site area lacks original ground surfaces and only sub -soils remain. Additionally, previous archaeological surveys of the adjacent building areas also produced negative results. Discussion a, b: It is unlikely that cultural resources exist on the subject property. As a precaution, however, if cultural resources are encountered during the construction process, development activities at the site shall cease until a qualified archaeologist has been employed to view and assess the discovery and prepare a mitigation plan. Less than significant with mitigation 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 Page 23 of 50 Item 9.a. - Page 190 Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Cause a substantial adverse change in the significance of a historical resource as defined in § ❑ ® ❑ ❑ 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ❑ ® ❑ ❑ § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic ❑ ❑ ❑ feature? d) Disturb any human remains, including those ❑ ® ❑ ❑ interred outside of formal cemeteries? Discussion a, b: It is unlikely that cultural resources exist on the subject property. As a precaution, however, if cultural resources are encountered during the construction process, development activities at the site shall cease until a qualified archaeologist has been employed to view and assess the discovery and prepare a mitigation plan. Less than significant with mitigation 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 Page 23 of 50 Item 9.a. - Page 190 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12- 002: VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. c: No Impact d: The proposed project will require grading and ground disturbance, which may disturb human remains, including those that have been interned outside of formal cemeteries. Less than significant with mitigation 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. References: 5, 6, 7, 15 V1. Geology and Soils Environmental Setting There are two faults within City Limits, the Pismo Fault and the Wilmar Avenue Fault. The Pismo Fault is an inactive fault, and presents a low risk to Arroyo Grande. The Wilmar Avenue fault is a potentially active fault that runs through the City, generally parallel to US 101. Approximately half of the City is at moderate risk for liquefaction caused by strong seismic ground shaking during an earthquake. These areas are primarily located south of US 101 and in the eastern part of the City. The majority of the City is at low risk for landslides. The areas at greatest risk are hillsides where greater slopes are located. The potential for slope stability hazards in valley areas is low to very low. The areas at greatest risk for landslide are just north of US 101 in the hillsides and in the eastern portions of the City. . A Soils Engineering Report was prepared for the project site by Earth Systems Pacific dated October 30, 2006. The project site has been subject to previous grading activities. Standard construction grading and design - specified soil compaction will occur with the project. Page 24 of 50 Item 9.a. - Page 191 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Discussion a: The Wilmar Avenue Fault is a potentially active fault, and could trigger an earthquake, causing strong seismic ground shaking and ground failure due to liquefaction. Any potential impacts to the proposed project will already be mitigated to an acceptable level of risk by following the Uniform Building Code development standards. Less than significant impact b: Ground disturbance associated with the proposed project could cause soil erosion and loss of topsoil, and increase the rate of stormwater runoff, also causing soil erosion and loss of topsoil. However, the proposed project will comply with the provisions of Municipal Code Section 13.24, "EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL" and therefore would not result in substantial soil erosion or the loss of topsoil. Less than significant impact c, d: A soils engineering report was prepared for the project site which identified the potential for differential settlement due to the variety of soil and rock profiles, presence of fill soil, and non - uniformity of the upper soil conditions due to disturbance. The report concludes that these concerns Page 25 of 50 Item 9.a. - Page 192 Potentially Less Than Less Than Significant Significant With Significant No Impact Would the project: Impact Mitigation Impact a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area, or based on other ❑ ❑ ® ❑ substantial evidence of a known fault? (Refer to Division of Mines and Geology Special Publication 42.) 2) Strong seismic ground shaking? 3) Seismic - related ground failure, including liquefaction? 4) Landslides? b) Result in substantial soil erosion or the loss of ❑ ❑ ® ❑ topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site ❑ ® ❑ ❑ landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18- 1-6 of the Uniform Building Code (1994), creating ❑ ® ❑ ❑ substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal ❑ ❑ ❑ systems where sewers are not available for the disposal of waste water? Discussion a: The Wilmar Avenue Fault is a potentially active fault, and could trigger an earthquake, causing strong seismic ground shaking and ground failure due to liquefaction. Any potential impacts to the proposed project will already be mitigated to an acceptable level of risk by following the Uniform Building Code development standards. Less than significant impact b: Ground disturbance associated with the proposed project could cause soil erosion and loss of topsoil, and increase the rate of stormwater runoff, also causing soil erosion and loss of topsoil. However, the proposed project will comply with the provisions of Municipal Code Section 13.24, "EXCAVATION, GRADING, EROSION AND SEDIMENT CONTROL" and therefore would not result in substantial soil erosion or the loss of topsoil. Less than significant impact c, d: A soils engineering report was prepared for the project site which identified the potential for differential settlement due to the variety of soil and rock profiles, presence of fill soil, and non - uniformity of the upper soil conditions due to disturbance. The report concludes that these concerns Page 25 of 50 Item 9.a. - Page 192 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 can be alleviated with incorporation of several recommendations from the report into the project plans and specifications. Less than significant with mitigation 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. e: No impact References: 1, 2, 3, 4, 5, 6, 14 VII. Greenhouse Gas Emissions Environmental Setting The City of Arroyo Grande emitted approximately 96,549 metric tons of carbon dioxide equivalent (CO2e) in the baseline year 2005. The transportation sector was by far the largest contributor to emissions (57.0%), producing approximately 55,030 metric tons of CO2e in 2005. Emissions from the residential sector were the next largest contributor (24.6%), producing approximately 23,778 metric tons of CO2e. The commercial and industrial sectors accounted for a combined 12.3% of the total. Emissions from solid waste comprised 6.0% of the total, and emissions from other sources such as agricultural equipment comprised 0.1 %. The majority of emissions from the transportation sector were the result of gasoline consumption in private vehicles traveling on local roads, US Highway 101, and state highways. Greenhouse gas (GHG) figures from the waste sector are the estimated future emissions that will result from the decomposition of waste generated by city residents and businesses in the base year 2005, with weighted average methane capture factor of 60.0 % Discussion a, b: The proposed project will generate greenhouse gas (GHG) emissions from daily operation of buildings and potentially from traffic generation. While the California Air Resources Board (CARB) has not yet developed a statewide threshold, as directed under Senate Bill 97, the City has determined that the California Air Pollution Control Officers Association (CAPCOA) 2008 White Paper, which includes possible methodologies and thresholds for project -level GHG emissions, provides the best and latest information on establishing cumulative impact thresholds. This paper has determined that a conservative threshold where a project's impact may be considered 'cumulatively considerable' is 900 Page 26 of 50 Item 9.a. - Page 193 Potentially Less Than Less Than Significant Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant effect on the ❑ ® ❑ ❑ environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of ❑ ® ❑ ❑ greenhouse gases? c) Result in the exposure of local residents to hazards ❑ ❑ ❑ associated with climate change? Discussion a, b: The proposed project will generate greenhouse gas (GHG) emissions from daily operation of buildings and potentially from traffic generation. While the California Air Resources Board (CARB) has not yet developed a statewide threshold, as directed under Senate Bill 97, the City has determined that the California Air Pollution Control Officers Association (CAPCOA) 2008 White Paper, which includes possible methodologies and thresholds for project -level GHG emissions, provides the best and latest information on establishing cumulative impact thresholds. This paper has determined that a conservative threshold where a project's impact may be considered 'cumulatively considerable' is 900 Page 26 of 50 Item 9.a. - Page 193 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER AUGUST 2013 AMENDED VESTING TENTATIVE TRACT MAP 12 -001 metric tons or more of GHG emissions per year. The following table provides a general summary of project types and sizes that generate 900 metric tons of GHG emissions per year: Project Type Size that Generates 900 Metric Tons of GHG Emissions per Year Single- family residential 50 units Apartments /condominiums 70 units General commercial or office space 35,000 square -feet Retail space 11,000 square -feet Supermarket /grocery store 6,300 square -feet Based on the above assumptions, the proposed project is estimated to generate approximately 1,031 metric tons of GHG emissions per year. This is approximately 1.15 times the threshold of 900 metric tons per year that is considered to be a 'cumulatively considerable' impact. The San Luis Obispo Air Pollution Control Board (APCD) has established mitigation measures to reduce project -level GHG emissions. Less than significant with mitigation 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. Page 27 of 50 Item 9.a. - Page 194 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 • 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 RCIG 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. c: No impact References: 12, 13, 14 VIII Hazards and Hazardous Materials Environmental Setting There are no known hazardous materials sites in the City, nor are there any airports within the vicinity of the City. The project is not within a high severity risk area for fire. Page 28 of 50 Item 9.a. - Page 195 Potentially Less Than Significant Less Than Significant With Significant No Impact Would the project: Impact Mitigation Impact a) Create a significant hazard to the public or the environment through the routine transport, use, or ❑ ❑ ❑ EJ disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset ❑ ❑ ❑ and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste ❑ ❑ ❑ ED within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? Page 28 of 50 Item 9.a. - Page 195 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, ❑ ❑ ❑ would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people ❑ ❑ ❑ residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or ❑ ❑ ❑ emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including ❑ ❑ ❑ where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Discussion a -h: No impact References: 4, 5, 6, 7, 14 IX Hydrology and Water Quality Environmental Setting The City of Arroyo Grande draws its water supply from a combination of the Lopez Reservoir and groundwater wells. Wastewater service is provided by the South San Luis Obispo County Sanitation District. The City adopted interim low -impact development (LID) guidelines to address stormwater runoff issues in 2009. A preliminary Drainage Study was conducted for the project site by Triad /Holms Associates, dated May 2005. The project site has varying slopes between 2% and 10% and stormwater surface runoff follows the topography easterly towards Meadow Creek. Subsurface detention and LID measures are required for the proposed project. Two (2) existing outfall locations convey stormwater from the Oak Park Professional Plaza to the creek. The detention facilities are designed to reduce the peak flow rate resulting from a post - development 100 -year storm and limit the release flow rate from the site to the pre - development flow resulting from a 100 -year storm event. The detention areas will outlet to the existing storm drain system. Page 29 of 50 Item 9.a. - Page 196 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Discussion a: Development of the proposed project would result in an increase in the amount of impervious surface area and an associated increase in the rate and volume of stormwater runoff from the site. Construction activities have the potential to disrupt soil and cause erosion and increase sediment runoff. An Erosion Control Plan will be prepared prior to any ground disturbance activities to provide the details of the erosion control measures to be applied on the site during construction. The Erosion Control Plan will include Best Management Practices (BMPs) designed to minimize sediment in site runoff during construction. BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and Page 30 of 50 Item 9.a. - Page 197 Potentially Less Than Less Than Significant Significant Significant No Impact with Would the project: Impact Mitigation Impact a) Violate any water quality standards or waste ❑ ® ❑ ❑ discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the ❑ ❑ ❑ production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the ❑ ❑ ® ❑ course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase ❑ ❑ ❑ the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater ❑ ❑ ❑ drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ❑ ® ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood ❑ ❑ ❑ Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures ❑ ❑ ❑ which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury, or death from flooding, including flooding ❑ ❑ ❑ resulting from the failure of a levee or dam? j) Result in inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ Discussion a: Development of the proposed project would result in an increase in the amount of impervious surface area and an associated increase in the rate and volume of stormwater runoff from the site. Construction activities have the potential to disrupt soil and cause erosion and increase sediment runoff. An Erosion Control Plan will be prepared prior to any ground disturbance activities to provide the details of the erosion control measures to be applied on the site during construction. The Erosion Control Plan will include Best Management Practices (BMPs) designed to minimize sediment in site runoff during construction. BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and Page 30 of 50 Item 9.a. - Page 197 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 sediment basins. Any disturbed portions of the project area will be revegetated following construction activities. Less than significant with mitigation 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. • 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, Page 31 of 50 Item 9.a. - Page 198 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. b: No impact c: Stormwater runoff from the proposed project will be captured in a subsurface detention system as well as in vegetated bioswales and other Low Impact Development (LID) BMPs. The bioswales /detention system is designed to retain and infiltrate stormwater runoff from a 100 -year storm. Stormwater in exceeding the bioswales /detention system capacity would be conveyed into the existing storm drain system. A maintenance agreement for the upkeep of drainage facilities will be required to be recorded if the project is approved. Less than significant impact d, e: No impact f: The Central Coast Regional Water Quality Control Board (RWQCB) requires municipalities, via the Municipal General Storm Water Permit, to minimize negative impacts on aquatic ecosystems and degradation of water quality to the maximum extent practicable. Permittees must implement Best Management Practices (BMPs) that reduce pollutants in stormwater runoff to the technology -based standard of Maximum Extent Practicable (MEP) to protect water quality. The goals of post - construction BMPs are to prevent and control erosion and sedimentation, provide source control of potential pollutants, control and treat runoff, and protect wetlands and water quality resources. Post - construction BMPs are required to achieve stormwater quality standards through site - planning measures. Vegetative swales or other biofilters are recommended as the preferred choice for post - construction BMPs for all projects with suitable landscape areas, because these measures are relatively economical and require limited maintenance. For projects where landscape based treatment is impracticable, or insufficient to meet required design criteria, other post - construction BMPs should be incorporated. All post - construction BMPs must be maintained to operate effectively. Less than significant with mitigation 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. Page 32 of 50 Item 9.a. - Page 199 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 • 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, 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. g -j: No impact References: 3, 4, 5, 6, 7, 8, 9, 10 X. Land Use and Planning Environmental Setting The City encompasses approximately 5.5 square -miles and is bisected north /south by US Highway 101. There are several distinct land use categories and zoning districts for residential, commercial, industrial, agricultural and mixed uses. The City is adjoined by the cities of Pismo Beach and Grover Beach to the west and unincorporated areas of San Luis Obispo County to the north, east and south. Page 33 of 50 Item 9.a. - Page 200 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Discussion a -c: Surrounding land uses are identified on Page 12 of this Initial Study. The proposed project was reviewed for consistency with policy and /or regulatory documents relating to the environment and appropriate land use (e.g., City's Land Use Element, Development Code, Zoning Map, etc.). The project was found to be consistent with these documents and codes. Land use and zoning designations for the property are consistent with the proposed use and compatible with surrounding land uses. The project is not within or adjacent to a conservation plan area, although it is subject to the City's required creek setback, which has been reduced from fifty feet (50') to thirty -five feet (35'). No impact References: 1, 2, 3, 4, 5, 6 XI. Mineral Resources Environmental Setting There are no known mineral resources in the City of Arroyo Grande. Potentially Less Than Significant Less Than Significant Significant With Significant _ No Impact Would the project: Impact Mitigation Impact a) Physically divide an established community? ❑ ❑ ❑ ED b) Conflict with the applicable land use plan, policy, or b) Result in the loss of availability of a locally regulation of any agency with jurisdiction over the important mineral resource recovery site delineated ❑ project (including, but not limited to, a general plan, ❑ ❑ ❑ specific plan, local coastal program, or zoning plan? ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation ❑ ❑ ❑ plan or natural community conservation plan? Discussion a -c: Surrounding land uses are identified on Page 12 of this Initial Study. The proposed project was reviewed for consistency with policy and /or regulatory documents relating to the environment and appropriate land use (e.g., City's Land Use Element, Development Code, Zoning Map, etc.). The project was found to be consistent with these documents and codes. Land use and zoning designations for the property are consistent with the proposed use and compatible with surrounding land uses. The project is not within or adjacent to a conservation plan area, although it is subject to the City's required creek setback, which has been reduced from fifty feet (50') to thirty -five feet (35'). No impact References: 1, 2, 3, 4, 5, 6 XI. Mineral Resources Environmental Setting There are no known mineral resources in the City of Arroyo Grande. Discussion a -b: No impact References: 1, 4, 5, 6 Page 34 of 50 Item 9.a. - Page 201 Potentially Less Than Less Than Significant Significant Significant No Impact Would the project: Impact Impact Mitigation Impact a) Result in the loss of availability of a known mineral resource that is or would be of value to the region and ❑ ❑ ❑ the residents of the state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated ❑ ❑ ❑ on a local general plan, specific plan, or other land use plan? Discussion a -b: No impact References: 1, 4, 5, 6 Page 34 of 50 Item 9.a. - Page 201 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 XII. Noise Environmental Setting Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and US Highway 101, with intermittent noise generated by agricultural operations and construction activities. The project site is located in close proximity to U.S. Highway 101 and existing commercial development where the ambient noise levels are already elevated. Discussion a, b, d: During construction of the proposed project, the use of construction vehicles and equipment has the potential to generate excessive levels of noise; however, this is only a temporary increase. All construction activities will comply with applicable City policies regarding noise. Additional impacts can be mitigated to less than significant levels by implementing the below mitigation measures. Less than significant with mitigation 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 Page 35 of 50 Item 9.a. - Page 202 Potentially Less Than Less Less Than Significant With Significant No Impact Would the project: Impact Mitigation impact a) Generate or expose people to noise levels in excess of standards established in a local general plan or ❑ ® ❑ ❑ noise ordinance, or in other applicable local, state, or federal standards? b) Generate or expose people to excessive ❑ ® ❑ ❑ groundborne vibrations or groundborne noise levels? c) Create a substantial permanent increase in ambient noise levels in the vicinity of the project (above levels ❑ ❑ ❑ without the project)? d) Create a substantial temporary or periodic increase in ambient noise levels in the vicinity of the project, in ❑ ® ❑ ❑ excess of noise levels existing without the project? e) Be located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport? If so, would the ❑ ❑ ❑ project expose people residing or working in the project area to excessive noise levels? f) Be in the vicinity of a private airstrip? If so, would the project expose people residing or working in the ❑ ❑ ❑ project area to excessive noise levels? Discussion a, b, d: During construction of the proposed project, the use of construction vehicles and equipment has the potential to generate excessive levels of noise; however, this is only a temporary increase. All construction activities will comply with applicable City policies regarding noise. Additional impacts can be mitigated to less than significant levels by implementing the below mitigation measures. Less than significant with mitigation 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 Page 35 of 50 Item 9.a. - Page 202 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. 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. c, e, f: No impact References: 1, 3, 4, 5, 6 XIII. Population and Housing Environmental Setting Arroyo Grande has a population of 17,252 (2010 Census) with an average household size of 2.4 persons. The project will be an infill development creating new housing opportunities for the community as well as providing housing opportunities for a specific subset of the local population, including elderly individuals. The project will not result in the need for new housing and will not displace existing housing. Discussion a: The proposed project will provide eight (8) new townhomes on the site as well as 69 beds in a residential care facility. However, the increase in housing is not considered to be substantial and therefore a less than significant impact will directly result from the proposed project. No substantial population growth will indirectly result from the project. Less than significant impact b -c: No impact References: 1, 2, 4, 5, 6 XIV. Public Services Environmental Setting The City of Arroyo Grande administers its own police department and parks and recreation facilities. Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement (JPA). The Page 36 of 50 Item 9.a. - Page 203 Potentially Less Than Significant Less Than Significant with Significant No Impact Would the project: Impact Mitigation Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes ❑ ❑ ® ❑ and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? Discussion a: The proposed project will provide eight (8) new townhomes on the site as well as 69 beds in a residential care facility. However, the increase in housing is not considered to be substantial and therefore a less than significant impact will directly result from the proposed project. No substantial population growth will indirectly result from the project. Less than significant impact b -c: No impact References: 1, 2, 4, 5, 6 XIV. Public Services Environmental Setting The City of Arroyo Grande administers its own police department and parks and recreation facilities. Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement (JPA). The Page 36 of 50 Item 9.a. - Page 203 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002: VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Lucia Mar Unified School District (LMUSD) provides K -12 educational facilities. Public services to the project site are readily provided by the City of Arroyo Grande. Would the project: a) Result in significant environmental impacts from construction associated with the provision of new or physically altered governmental facilities, or the need for new or physically altered governmental facilities, to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: Fire protection? Police protection: Schools? Parks? Other public facilities? Potentially Less Than Less Than Significant Significant With Significant No Impact Impact Mitigation Impact ❑ ❑ ❑ ❑ ❑ ❑ Less Than Significant Significant Significant No Impact Impact Impact Impact ❑ ❑ ❑ ❑ ❑ ❑ Discussion a: The construction of eight (8) townhomes and a 69 -bed residential care facility on an infill site adjacent to other services necessary for daily living is expected to add approximately five (5) school - aged children to the Lucia Mar Unified School District based on a student yield factor of 0.7. As allowed by State Law, the Lucia Mar Unified School District has a development impact fee established by the school district for new residential and commercial construction to finance any new classrooms. Less than significant with mitigation MM XIV -1: The applicant shall pay the mandated Lucia Mar Unified School District impact fee. References: 1, 2, 4, 5, 6, 14 XV. Recreation Environmental Setting The Recreation Department oversees recreational activities throughout the City and manages the City's various parks and open spaces. The project will not affect any existing park or other recreational resource and will not create additional demand for recreational facilities. Page 37 of 50 Item 9.a. - Page 204 Potentially Less Than Less Than Significant Significant Significant No Impact Impact Impact Impact Would the project: Mitigation a) Increase the use of existing neighborhood and regional parks or other recreational facilities, such that ❑ ❑ ❑ substantial physical deterioration of the facility would occur or be accelerated? Page 37 of 50 Item 9.a. - Page 204 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 b) Include recreational facilities or require the construction or expansion of recreational facilities that 11 ❑ ❑ might have an adverse physical effect on the environment? Discussion a, b: An offer to dedicate a six -foot (6') wide path /trail access easement parallel to Meadow Creek along the length of the project site was recorded in December 2002. As part of the project description, the applicant will improve the path /trail to City specifications. The applicant will be required to abandon the existing easement and offer a new easement for dedication in the as -built location of the proposed pedestrian path. No impact References: 1, 2, 4 XVI. Transportation /Traffic Environmental Setting The City's street network consists of a hierarchy of street types which serve different functions. These include freeways, arterials, collectors, local streets and alleyways. Freeways route traffic through the community and are characterized by large traffic volumes and high- speed travel. Arterials link residential and commercial districts and serve shorter through traffic needs. Due to the heavier traffic on arterials, adjacent land uses are intended to be a mix of commercial and multi - family residential. Collector streets link neighborhoods to arterials and are not intended for through traffic but are nonetheless intended to move traffic in an efficient manner. Local streets are designed to serve only adjacent land uses and are intended to protect residents from through traffic impacts. Access to the project site is from an existing driveway off of James Way, with a secondary emergency access located on the southern portion of the property connecting to the adjacent motel site. A Parking and Traffic Study was conducted by Orosz Engineering Group, Inc. (OEG), dated January 17, 2006 to address parking and traffic - related impacts resulting from development of the project and existing uses within the established professional plaza. OEG has reviewed the current proposed project and continues to support the findings of the previous study based upon similar traffic and parking loads. According to the City's traffic study policy, a traffic impact study must be prepared for projects generating twenty (20) peak hour trips or more. The trip generation for the project is less than twenty (20) peak hour trips, and therefore a traffic study was not required. Page 38 of 50 Item 9.a. - Page 205 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Discussion a, b: Parking and circulation patterns are adequate with the proposed project and trip generation would not significantly impact any road segments or intersections. Less than significant impact c: No impact d: Previous project approvals at the site included investigation of project site driveway configuration, including the two currently installed full ingress and egress driveways serving the project site and the nearby fitness center. The driveway configuration was considered to provide reasonable operation for site access. The driveway configuration is considered to continue to be adequate to support the current project. Less than significant impact e: The project is required to maintain emergency access on the southern portion of the property connecting to the adjacent motel site. No impact f: No impact References: 1, 3, 5, 6, 12, 13 Page 39 of 50 Item 9.a. - Page 206 Less Than Potentially Significant Less Than Significant With Significant No Impact Would the project: Impact Mitigation Impact a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant ❑ ❑ ® ❑ components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other ❑ ❑ ® ❑ standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in ❑ ❑ ❑ location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) ❑ ❑ ® ❑ or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian ❑ ❑ ❑ facilities, or otherwise decrease the performance or safety of such facilities? Discussion a, b: Parking and circulation patterns are adequate with the proposed project and trip generation would not significantly impact any road segments or intersections. Less than significant impact c: No impact d: Previous project approvals at the site included investigation of project site driveway configuration, including the two currently installed full ingress and egress driveways serving the project site and the nearby fitness center. The driveway configuration was considered to provide reasonable operation for site access. The driveway configuration is considered to continue to be adequate to support the current project. Less than significant impact e: The project is required to maintain emergency access on the southern portion of the property connecting to the adjacent motel site. No impact f: No impact References: 1, 3, 5, 6, 12, 13 Page 39 of 50 Item 9.a. - Page 206 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 XVI1. Utilities and Service Systems Environmental Setting Water and sewer utilities are provided by the City of Arroyo Grande and the South San Luis Obispo County Sanitation District. Would the project: a) Exceed wastewater treatment restrictions or standards of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities? Would the construction of these facilities cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities? d) Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements needed? e) Result in a determination, by the wastewater treatment provider that serves or may serve the project, that it has adequate capacity to service the project's anticipated demand, in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations as they relate to solid waste? Discussion a -g: No impact References: 3, 4, 5, 6, 7, 8, 9, 10 Potentially Less Than Less Than Significant Significant Significant No Impact Impact With Impact Mitigation ❑ ❑ ❑ ED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Page 40 of SO Item 9.a. - Page 207 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Mandatory Findings of Significance Discussion a: The proposed project completes an infill property within the City Limits. A major component of this project is the filling of a 0.006 acre man -made wetland and mitigating the wetland with riparian vegetation and habitat restoration adjacent to Meadow Creek. Although the potential for adverse impacts on Meadow Creek exists, as with any project requiring grading and construction, the restoration of the creek area will result in beneficial improvement to the environment in the vicinity of the project site. Less than significant impact b: The impacts of the proposed project are individually limited and not cumulatively considerable. All environmental impacts that could occur as a result of the proposed project would be reduced to a less than significant level through implementation of the mitigation measures recommended in this Initial Study and, when viewed in conjunction with other closely related past, present or reasonably foreseeable future projects, would not be significant. Less than significant impact c: As described in this Initial Study, the implementation of the proposed project could result in temporary impacts during its construction period. Implementation of the mitigation measures recommended in this Initial Study would ensure that the proposed project would not result in environmental effects that would cause substantial adverse effects on human beings. Less than significant impact Page 41 of 50 Item 9.a. - Page 208 Potentially Less Than Less Than Significant Significant Significant No Impact with Would the project: Impact Mitigation Impact a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, ❑ ❑ ® ❑ reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection o o ® ❑ with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human ❑ ❑ ® ❑ beings, either directly or indirectly? Discussion a: The proposed project completes an infill property within the City Limits. A major component of this project is the filling of a 0.006 acre man -made wetland and mitigating the wetland with riparian vegetation and habitat restoration adjacent to Meadow Creek. Although the potential for adverse impacts on Meadow Creek exists, as with any project requiring grading and construction, the restoration of the creek area will result in beneficial improvement to the environment in the vicinity of the project site. Less than significant impact b: The impacts of the proposed project are individually limited and not cumulatively considerable. All environmental impacts that could occur as a result of the proposed project would be reduced to a less than significant level through implementation of the mitigation measures recommended in this Initial Study and, when viewed in conjunction with other closely related past, present or reasonably foreseeable future projects, would not be significant. Less than significant impact c: As described in this Initial Study, the implementation of the proposed project could result in temporary impacts during its construction period. Implementation of the mitigation measures recommended in this Initial Study would ensure that the proposed project would not result in environmental effects that would cause substantial adverse effects on human beings. Less than significant impact Page 41 of 50 Item 9.a. - Page 208 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -OD3; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 Summary of Mitigation Measures MM 1 -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 III -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: I. Maintain all construction equipment in proper tune according to manufacturer's specifications; m. Fuel all off -road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off- road); n. 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; o. 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; p. 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; q. 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; r. Diesel idling within 1,000 feet of sensitive receptors is not permitted; s. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; t. Electrify equipment when feasible; u. Substitute gasoline - powered in place of diesel - powered equipment, where feasible; and v. Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. MM III -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 III -4: 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 Page 42 of 50 Item 9.a. - Page 209 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 accordance with the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP). MM III -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): n. Reduce the amount of the disturbed area where possible; o. 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; p. All dirt stockpile areas should be sprayed daily as needed; q. 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; r. 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; s. 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; t. 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; u. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; v. 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; w. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; x. 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; y. All PM10 mitigation measures required shall be shown on grading and building plans; and z. 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. Page 43 of 50 Item 9.a. - Page 210 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 MM III -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 III -8: 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 monitorthe 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. MM IV -5: The developer shall record an irrevocable offer of dedication open space agreement and thirty -five foot (3S') creek easement on the property measured from top of bank. No structures shall occur within the 3S' 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. Page 44 of 50 Item 9.a. - Page 211 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. 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. Page 45 of 50 Item 9.a. - Page 212 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 • 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. • 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. Page 46 of 50 Item 9.a. - Page 213 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 • 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. • 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. Page 47 of 50 Item 9.a. - Page 214 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002: VARIANCE 12 -004; LOT MERGER 12 -003: AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. • 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. Page 48 of 50 Item 9.a. - Page 215 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 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. Page 49 of SO Item 9.a. - Page 216 INITIAL STUDY /MITIGATED NEGATIVE DECLARATION AUGUST 2013 CONDITIONAL USE PERMIT 12 -002; VARIANCE 12 -004; LOT MERGER 12 -003; AMENDED VESTING TENTATIVE TRACT MAP 12 -001 References Documents & Maps 1. City of Arroyo Grande General Plan 2. City of Arroyo Grande Land Use Map 3. City of Arroyo Grande Municipal Code 4. City of Arroyo Grande Zoning Map 5. Project Description 6. Project Plans 7. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010) 8. Arroyo Grande Urban Water Management Plan 9. Arroyo Grande Water System Master Plan (2012) 10. Arroyo Grande Wastewater Master Plan (2012) 11. San Luis Obispo Important Farmland Map (California Department of Conservation, 2006) 12. CEQA & Climate Change White Paper (CAPCOA, 2008) 13. Air Quality Handbook (SLO APCD, 2012) 14. Arroyo Grande Multi - Jurisdictional Local Hazard Mitigation Plan (2012) 15. Historical Resources Evaluation Report (Carr & MacDonald, 2008) 16. APCD letter dated June 24, 2013 17. Top of Bank Study by Triad /Homes, Assoc. dated June 1, 2004 18. Wetland Mitigation Plan by the Morro Group, Inc. dated August 22, 2002 19. Wetland Survey by SWCA Environmental Consultants dated November 4, 2010 20. Phase I Archaeological Survey by Heritage Discoveries, Inc. dated October 9, 2000 21. Soils Engineering Report by Earth Systems Pacific dated October 30, 2006 22. Preliminary Drainage Study by Triad /Holmes, Assoc. dated May 2005 23. Parking and Traffic Study by OEG dated January 17, 2006, and earlier parking studies Page 50 of 50 Item 9.a. - Page 217 ATTACHMENT 12 CE -ry 0= ADDENDUM TO INITIAL STUDY/ o MITIGATED NEGATIVE DECLARATION Amended Conditional Variancee� Lot Mergei New 70-bed Assisted Living %Memory C�!,r.,, -.F�acility and 16 Unit Independent "',L'!u'!pg-,F"'- lity -,.;s880-1,0ak Park Bo6I*e*v'a'*`r"'d?'" (Southeast corner oPWPar ". Boulevarcl/fa-ffijes Way Intersection) February 2015 Item 9.a. - Page 218 Item 9.a. - Page 219 ADDENDUM TO INITIAL STUDY /MITIGH i ED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 Table of Contents: 1.0 Introduction ......................................................................:........................................ ..............................4 1.1 Lead Agency ........................................................................................................... ..............................4 1.2 Purpose of this Addendum .................................................................................... ..............................4 1.3 CEQA Framework for Addendum .......................................................................... ..............................4 1.4 Summary of Findings ............................................................................................. ..............................5 2.0 Project Description .................................................................. ............................... ... ..............................5 2.1 Location ................................................................................................................. ..............................5 2.2 Background ............................................................................................................ ..............................5 2.3 Project Description ................................................................................................ ..............................6 2.4 Other Required Public Agency Approvals ............................................................. ..............................6 2.5 Related Projects .................................................................................................... ..............................6 3.0 Environmental Analysis ............................................................................................. ..............................6 3.1 Determination ...................................................................................................... .............................10 Page 3 of 10 Item 9.a. - Page 220 ADDENDUM TO INITIAL STUDY /MITIUNTED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 1.0 Introduction This environmental document is an Addendum to the Meadow Creek Care Facility Initial Study /Mitigated Negative Declaration ([IS /MND] State Clearinghouse No. 2013081075), adopted in January 2014 by the City of Arroyo Grande. Since adoption of the IS /MND, changes to the previously Approved Project have been proposed, thus requiring further environmental analysis. The proposed changes to site layout, land use, building location, parking, and circulation are addressed in this Addendum. As demonstrated in this Addendum, the IS /MND continues to serve as the appropriate document addressing the environmental impacts of these improvements pursuant to the California Environmental Quality Act (CEQA). 1.1 Lead Agency The lead agency is the public agency with primary approval authority over the proposed project. In accordance with CEQA Guidelines §15051(b)(1), "the lead agency will normally be an agency With general governmental powers, such as a city or county, rather than an agency with a single or limited purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for the lead agency is: Matthew Downing, AICP Assistant Planner City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 (805) 473 -5420 1.2 Purpose of this Addendum The purpose of this Addendum is to evaluate whether the Proposed Project as currently proposed would result in any new or substantially greater significant effects or require any new mitigation measures not identified in the 2014 IS /MND for the Approved Project. This Addendum, together with the 2014 IS /MND, will be used by the City when considering approval of the Proposed Project. 1.3 CEQA Framework for Addendum When a proposed project is changed or there are changes in environmental setting, a determination must be made by the Lead Agency as to whether an Addendum or Subsequent EIR or MND is prepared. CEQA Guidelines §15162 and §15164 set forth criteria to assess which environmental document is appropriate. The criteria for determining whether an Addendum or Subsequent MND is prepared are outlined below. If the criteria below are true, then an Addendum is the appropriate document: • Substantial changes in the project which require major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; • Substantial changes with respect to the circumstances under which the project is undertaken which requires major revisions to the MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or • New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time of MND adoption, shows any of the following: Page 4 of 10 Item 9.a. - Page 221 ADDENDUM TO INITIAL STUDY /MITIGAi ED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 • the project will have one or more significant effects not discussed in the MND, • the project will result in impacts substantially more severe than those disclosed in the MND, • mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponent declines to adopt the mitigation measures or alternative, or • mitigation measures or alternatives that are considerably different from those analyzed in the MND would substantially reduce one or more significant effects on the environment, but the project proponent declines to adopt the mitigation measure or alternative. Based upon the information provided in Section 3.0 of this document, the changes to the Approved Project will not result in new significant impacts or substantially increase the severity of impacts previously identified in the IS /MND, and there are no previously infeasible alternatives that are now feasible. None of the other factors set forth in §15162(a)(3) are present. Therefore, an Addendum is appropriate, and this Addendum has been prepared to address the environmental effects of the modifications to the project. 1.4 Summary of Findings This Addendum addresses the environmental effects associated only with refinements /enhancements to the Approved Project that have occurred since adoption of the IS /MND. The conclusions of the analysis in this Addendum remain consistent with those made in the IS /MND. No new significant impacts will result, and no substantial increase in severity of impacts will result from those previously identified in the IS /MND. 2.0 Project Description 2.1 Location The Proposed Project is a phased residential project to be located on approximately 1.8 acres. The property is located near the corner of Oak Park Boulevard and James Way, adjacent to Meadow Creek, with access from James Way. Nearby land uses include medical offices, a health club, a hotel, a church, and a residential subdivision across the creek. 2.2 Background The Approved Project was formally evaluated in a 2014 IS /MND for the Meadow Creek Care Facility Project. The IS /MND was prepared pursuant to the California Environmental Quality Act (CEQA) and adopted by the City of Arroyo Grande (City). The IS /MND evaluated potential environmental impacts on aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation /traffic, utilities and service systems, and mandatory findings of significance. All impacts in the IS /MND have been mitigated to below a level of significance through implementation of mitigation measures. Since adoption of the IS /MND, the Approved Project has been modified and resulted in changes to site layout, land use, building location, parking, and circulation to address private easement considerations with a neighboring property owner. Page 5 of 10 Item 9.a. - Page 222 ADDENDUM TO INITIAL STUDY /MITI (3HFED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 2.3 Project Description The Proposed Project is a phased residential development on approximately 1.8 acres adjacent to Meadow Creek with frontage on James Way. The overall site (3.74 acres) is identified as the Oak Park Professional Plaza, which is currently developed with two medical office buildings and health club (Kennedy Club Fitness). The project site is undeveloped with a portion currently used for overflow parking. The property has been disturbed from previous earthmoving activities for adjacent development and therefore the soils consist primarily of fill material. Phase I is a 70 -bed assisted living and memory care facility located adjacent to Meadow Creek. Phase I includes twenty -six (26) Alzheimer care units (1 -bed and studio units) and forty -four (44) assisted living units (1 -bed and studio). Fifty -one (51) new off - street parking spaces on approximately 1.2 acres are provided in addition to the 70 care units. This parking area includes vehicular connections to the adjacent property at 1260 James Way (Kennedy Club Fitness). The project also includes an ADA compliant decomposed granite pedestrian path adjacent to Meadow Creek connecting James Way to the hotel property at 850 Oak Park Boulevard. Phase II is a change from eight (8) approved townhomes to sixteen (16) independent living units located adjacent to and northwest of Phase I. A variance and lot merger are being pursued concurrently with the amended conditional use permit. The variance is necessary to deviate from the fifty foot (50') creek setback from top of bank for Meadow Creek. The Approved Project was approved with a creek setback of thirty -five feet (35') given the unique characteristics of the site. New setbacks of approximately thirty -two feet (32') from the top of bank are proposed at the most narrow point; however the overall proposed setback area remains substantially similar to the approved project. The lot merger will combine the three lots for the construction of both Phases. 2.4 Other Required Public Agency Approvals The applicant will be required to coordinate with the Regional Water Quality Control Board, the San Luis Obispo County Air Pollution Control District, and the Army Corps of Engineers to obtain all necessary permits to complete the project. This is consistent with the adopted IS /MND for the Approved Project. 2.5 Related Projects Vesting Tentative Tract Map 12 -001 Conditional Use Permit 12 -002 Variance 12 -004 Oak Park Plaza Master Plan 3.0 Environmental Analysis As explained in Section 1.3, this comparative analysis has been undertaken pursuant to the provisions of CEQA Guidelines §15162 and §15164 to provide the City with the factual basis for determining whether any changes in the project, any changes in circumstances, or any new information since the IS /MND was adopted require additional environmental review or preparation of a Subsequent MND or EIR to the IS /MND previously prepared. As described in Section 2.0, refinements to the project's site layout, land use, building location, parking, and circulation have occurred since preparation of the IS /MND. Because of this, new analysis for impacts within the project area is provided in this Addendum. The Page 6 of 10 Item 9.a. - Page 223 ADDENDUM TO INITIAL STUDY /MITkaATED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 environmental analysis provided in the IS /MND remains current and applicable to the proposed project in areas unaffected by the design refinements for the environmental topics, as listed below: • Aesthetics: The proposed project modifications related to design would not result in additional impacts to aesthetic resources beyond those identified in the IS /MND. The IS /MND identified impacts associated with new sources of light that would adversely affect nighttime views in the area and mitigation was proposed that would require the development of a lighting plan to verify no spill or glare to adjacent properties and riparian habitat. The modifications to the Approved Project will require adjustment of lighting locations and a lighting plan will still be required. Therefore, the mitigation identified in the IS /MND for aesthetics impacts remains applicable to the project modifications. No new mitigation measures are required for the project modifications. • Agriculture and Forest Resources: The Proposed Project would not result in additional impacts to agriculture beyond those identified in the IS /MND because there are no prime, unique, or statewide important farmlands in the project study area. The IS /MND did not identify any impacts to agricultural uses; therefore, mitigation was not required. No new mitigation measures are required for the proposed modifications. • Air Quality: The Proposed Project would not result in additional impacts to air quality beyond those identified in the IS /MND. The Construction Phase Emissions and Operational Phase Emissions estimates of the Approved Project identified in the IS /MND are still applicable, as the scope of construction and operation has not notably changed. Therefore, the mitigation identified in the IS /MND for air quality impacts remains applicable to the project modifications. No new mitigation measures are required for the project modifications. • Biological Resources: The modified care facility building location and setback relative to Meadow Creek alter the location and area dedicated to riparian habitat revegetation, but would not increase impacts to biological resources. This is due to the fact that mitigation measures developed for the Approved Project require the revegetation of the riparian habitat, which currently exists with non - native, invasive species and is generally in poor health. The redesigned site layout would also provide additional area in the parking area to the south of the care facility building for Low Impact Development (LID) features to retain water and help support the revegetated riparian habitat. The Proposed Project has also been conditioned to fully design the pedestrian trail in the creek setback, both on -site and adjacent to the site. This addresses objectives of the General Plan without further impacts resulting from the Proposed Project. The extent and intensity of activities under the Proposed Project would not vary substantially relative to that evaluated in the IS /MND, and the mitigation measures prescribed in the IS /MND would still be applicable and necessary to reduce the significance of impacts under the Proposed Project. • Cultural Resources: The Proposed Project would not result in changes to the overall physical impacts to cultural resources (including historic /other resources on the site) during construction, and would not be materially different than under the Approved Project. The extent and intensity of construction activities under the Proposed Project would not vary substantially relative to that evaluated in the IS /MND, and the mitigation measures prescribed in the IS /MND would still be applicable and necessary to reduce the significance of impacts under the Proposed Project. Page 7 of 10 Item 9.a. - Page 224 ADDENDUM TO INITIAL STUDY /MITIGAi ED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 • Geology /Soils: The Proposed Project would not result in substantially different geophysical impacts beyond those identified in the IS /MND. While the Proposed Project involves proposed changes to the site layout, these changes do not represent a substantial deviation from the project analyzed in the IS /MND, and the conclusions of the IS /MND remain valid. Compliance with applicable code standards, seismic requirements, and mitigation measures identified in the IS /MND will reduce geotechnical concerns to below a level of significance. • Greenhouse Gas Emissions: The Proposed Project would result in similar impacts relative to the Approved Project, as anticipated greenhouse gas emissions are reduced per unit with the change from townhomes to independent living uses. As such, the proposed project modifications would not result in an increase in greenhouse gas emissions or related impacts to global climate change or conflicts with applicable climate change plans, policies, or regulations. Therefore, the mitigation identified in the IS /MND for greenhouse gas emissions impacts remains applicable to the project modifications. No new mitigation measures are required for the project modifications. • Hazards and Hazardous Materials: The Proposed Project would not increase risks related to hazards or hazardous materials relative to the Approved Project. The proposed project modifications would not require additional construction equipment or increased use of such equipment, and the site remains void of known hazardous materials. The IS /MND did not identify any impacts to hazards and hazardous materials; therefore, mitigation was not required. No new mitigation measures are required for the proposed modifications. • Hydrology /Water Quality: The Proposed Project would be required, as under the Approved Project, to comply with all applicable water quality regulations during and following construction activities. As is the case with the Approved Project, compliance with stormwater regulations and mitigations measures identified in the IS /MND would preclude the potential for significant impacts to receiving water bodies. No new mitigation measures are required for the proposed modifications. • Land Use /Planning: The Proposed Project would require the same entitlements, permits, and /or other approvals as the Approved Project, with the exception of the proposed lot merger instead of approved tract map, which would only be required under the Approved Project. The IS /MND did not identify any impacts to land use /planning; therefore, mitigation was not required. No new mitigation measures are required for the proposed modifications. • Mineral Resources: The proposed refinements would not result in additional impacts to mineral resources beyond those identified in the IS /MND and because the project site is not located within an area of known mineral resources, either of regional or local value, the IS /MND did not identify any impacts to mineral resources; therefore, mitigation was not required. No new mitigation measures are required for the changes to the Approved Project. • Noise: The Proposed Project would not result in additional impacts to noise beyond those identified in the IS /MND. As noted in the various impact discussions in this Section, the Proposed Project would alter the site layout and use within the project site boundaries, but would not otherwise affect the overall nature, intensity, or duration of the project such that Page 8 of 10 Item 9.a. - Page 225 ADDENDUM TO INITIAL STUDY /MITIvATED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 1S -001; VARIANCE 1S -001; LOT MERGER 1S -001 impacts would vary substantially from those evaluated in the IS /MND. As such, while mitigation would still be necessary to address short-term noise increases in the project area, no new mitigation measures are required for the Proposed Project. No new mitigation measures are required for the changes to the Approved Project. • Population /Housing: The Proposed Project remains within the anticipated land use intensity identified in the General Plan and would not have any significant impact on population, housing, or employment in the City or region at large, as is the case for the Approved Project. The IS /MND did not identify any impacts to population /housing; therefore, mitigation was not required. No new mitigation measures are required for the proposed modifications. • Public Services: The Proposed Project would result in a similar impact to public services /utilities identified in the IS /MND. In fact, the Proposed Project would likely result in reduced impacts to public services as the change in land use from townhomes to independent. living units eliminates the student yield factor attributed with the townhomes. Therefore, the mitigation identified in the IS /MND for public services impacts remains adequate and no new mitigation measures are required for the project modifications. • Recreation: The proposed project modifications would not result in additional impacts to recreation beyond those identified in the IS /MND. The IS /MND did not identify any temporary or permanent impacts to recreational resources; therefore, mitigation was not required. As such, no new mitigation measures are required for the proposed modifications. • Transportation /Traffic: The Proposed Project would not result in additional impacts to transportation /traffic beyond those identified in the IS /MND because the changes in use from townhomes to independent living results in reduced PM peak -hour trips, even in light of the increased number of independent living units compared to townhomes. Additionally, site refinements and layout changes will result in improved site circulation and exiting ability for large trucks and buses from the adjacent site. The IS /MND did not identify any long -term impacts to transportation /traffic; therefore, mitigation was not required. No new mitigation measures are required. • Utilities /Service Systems: The Proposed Project would not require or result in the construction or expansion of any public utilities beyond those required for the Approved Project. Temporary short-term and operational demands on public utilities or other infrastructure would not measurably change under the Proposed Project and therefore no impacts would be anticipated and no mitigation measures are required. • Mandatory Findings of Significance: The potential impacts of the Proposed Project with regard to aesthetics, air quality, biological resources, cultural resources, geology /soils, greenhouse gas emissions, hydrology /water quality, noise, public services, and direct and indirect effects on human beings would be comparable to the Approved Project, and potentially reduced with regard to public services given the reduction student yield factor of the land uses under the Proposed Project. As impacts under the Proposed Project would be similar to or reduced relative to the Approved Project, impacts would be less than significant in this regard and no mitigation measures are required. Page 9 of 10 Item 9.a. - Page 226 ADDENDUM TO INITIAL STUDY /MITIbArED NEGATIVE DECLARATION FEBRUARY 2015 CONDITIONAL USE PERMIT 15 -001; VARIANCE 15 -001; LOT MERGER 15 -001 3.1 Determination Based on the information provided above, the proposed modifications to the Approved Project would not result in a measurable increase in environmental impacts over what was previously analyzed in the IS /MND. Although the specific location and timing of some impacts have changed, no new significant impacts have been identified, nor is the severity of newly identified impacts substantially greater than the conclusions of the IS /MND. Based upon the evidence included in the above analysis, the Proposed Project as described in Section 2.0 would not result in a substantial change in the conclusions and analysis included in the IS /MND. Page 10 of 10 Item 9.a. - Page 227 ATTACHMENT 13 G L ] C K, HA U PT LLP ATTORNEYS AT LAW 1315 SANTA ROSA STREET POST OFFICE BOX 1485 SAN LUIS OBISPO, CALIFORNIA 93406 TELEPHONE (805) 544 -2450 FACSIMILE (805) 544 -3284 W WW.G LICKHAU PT.COM FREDERICK K. GLICK Via U.S. Mail. & E -Mail FREDO..GLICKHAUPT.COM February 12, 2015 Timothy J. Carmel, Esq. Carmel & Naccasha LLP 1410 Marsh Street San Luis Obispo, CA 93401 tcarmel@ camaclaw.com Re: Meadow Creek Project Dear Mr. Carmel, We have recently learned that a public hearing is scheduled for February 17th; 2015 in front of the City of Arroyo Grande Planning Commission to review development permits for the Sheppel project located on Oak Park Road and James Way. We have only seen preliminary plans, however, our client Ray Bunnell is extremely concerned with the plans utilization of his parking easement for Meadow Creek Independent Living units. Not only does the Sheppel plan show that the parking easement has been moved. and reduced in size, but it also indicates that it is to be shared parkins. As you know, there currently is an ongoing law suit in San Luis Obispo. Superior court (Case No. 14CVO183) , which among other things is requesting injunctive relief in declaration of Mr. Bunnell's rights with regards to the park, ng easement. It is our belief that Mr. Bunnell will be successful in having a determination by the court that his rights in the parking easement are primary and all other rights, including that of the underlying owner, are secondary. Although it was difficult to tell, it does not appear that any of the parking areas associated with the independent living units are covered which we understand is a city requirement. We believe that any new plan with regards to the Meadow Creek Project would be premature until all parties have come to agreement on the parking easement issues and or the matter has been fully adjudicated. Until that time, it would be virtually impossible to have an accurate count of the number of parking spaces available to the Meadow Creek Project. Item 9.a. - Page 228 Timothy J. Carmel; Esq. February 12, 2015 Pay =e 2. of 2 GLICK & HAUPT LLP With the foregoing in mind; we would request that the matter either be taken off calendar or continued until the parking issues have been fully resolved. Respectfully, GLICK & HAUPT LLP F d K. Glick FKG /aw cc. Client (via e- mail only) Matthew Downing (via e -mail only) Michael Haupt, Esq. (via e -mail only) Item 9.a. - Page 229 MICHAEL D. HAUPT MICHAEL@GLICKHAUPT. COM Timothy J. Carmel, Esq. Carmel & Naccasha LLP 1410 Marsh Street San Luis Obispo, CA 93401 tcarmel @carnaclaw. com G L I C K@ HA U PT LLP ATTORNEYS AT L A W 1315 SANTA ROSA STREET POST OFFICE BOX 1485 SAN LUIS OBISPO, CALIFORNIA 93406 TELEPHONE (905) 544 -2450 FACSIMILE (SOS) S44 -3284 WWW.GLICKHAUPT.COM February 18, 2015 ATTACHMENT 14 Via U.S. Mail & E -Mail Re: Meadow Creek Proiect; Amended Conditional Use Permit 15 -001 Dear Mr. Carmel: We are pleased to advise that Mr. Bunnell and Mr. Sheppel have reached an agreement regarding the above - referenced project, which contemplates a dismissal of Mr. Bunnell's lawsuit within the next 90 days. Accordingly, we hereby withdraw all objections to the latest version of the site plan currently before the Planning Commission on behalf of Mr. Bunnell and the Casa Grande Inn, including the objections outlined in Mr. Glick's letter to you dated February 12, 2015. Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me or Mr. Glick. MDH/aw cc. Client (via e -mail only) Matthew Downing John Belsher, Esq. VexY truly yours, 6LICK & HAUPT D. Ha RECEIVE? FEB' 2 0 2015 CITY OF ARROYO GRANDEE COMMUNITY DEVELOPMENT Item 9.a. - Page 230 --L