R 4037RESOLUTION N0.4037
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE TO CONSIDER AN ADDENDUM TO THE PREVIOUSLY
CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE
PROJECT, ADOPT A MITIGATION MONITORING PROGRAM,
INSTRUCT THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE
A NOTICE OF DETERMINATION, AND APPROVE VESTING TENTATIVE
TRACT MAP CASE NO. 04-004 AND PLANNED UNIT DEVELOPMENT
CASE NO. 04-001, LOCATED AT 415 EAST BRANCH STREET,
APPLIED FOR BY DB & M PROPERTY, LLC
WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3710
on September 23, 2003 certifying the Final Environmental Impact Report (FEIR) for the
Creekside Center project (Vesting Tentative Tract Map 01-002 and Conditional Use
Permit 01-001); and
WHEREAS, the City Council considered Vesting Tentative Tract Map 04-004 and
Planned Unit Development 04-001, filed by DB & M Property, LLC, to reconfigure 23
existing parcels. into 19 parcels, and construct amixed-use development consisting of
16 residential buildings in a detached townhouse configuration and a 12,937 square
foot retail/office building at the corner of Crown Terrace and Crown Hill; and
WHEREAS, the City Council has held aduly-noticed public hearing on these applications
in accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council denied, without prejudice, these applications on November
14, 2006; and
WHEREAS, the City Council has held aduly-noticed public hearing on a revised project
that addresses previous City Council concerns; and
WHEREAS, the City Council has determined that the proposed project is consistent with
the Design Guidelines and Standards for Historic Districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande
as follows:
1. The City Council hereby finds and determines that the implementation of the
project may have a significant effect on the environment.
2. The City Council hereby finds with respect to the adverse environmental impacts
detailed in the Final EIR:
a. That, based on information set forth in the Final Program EIR for the 2001
General Plan Update (FPEIR) and the Final EIR and Addendum for the
Creekside Center (FEIR), water conservation mitigation measures have been
incorporated into the project that will avoid or substantially lessen the adverse
environmental impact on water supply identified in the FPEIR and FEIR; and
RESOLUTION NO. 4037
PAGE 2
b. that no additional adverse impacts will have a significant effect or result in a
substantial or potentially substantial adverse change in the environment as a
result of project approval; and
c. that all significant environmental effects identified in the FEIR have been
reduced to an acceptable level in that all significant environmental effects that
can feasibly be avoided have been eliminated or substantially reduced as
determined through the findings set forth in this Resolution; and
3. The City Council authorizes and directs that the Director of Administrative Services
file a Notice of Determination with respect to the Final EIR and Addendum for the
project, specifically referencing therein that mitigation measures have been made
a condition of project approval and findings have been made pursuant to Section
15091 of the CEQA Guidelines (see Exhibit C for Environmental Impact Report
Addendum and Exhibit D for Mitigation Monitoring Program).
BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande hereby
approves Vesting Tentative Map 04-004 and Planned Unit Development 04-001 based on
the following findings:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text and
the requirements of the Development Code.
3. The site, as shown on the tentative tract map, is physically suitable for the
proposed residential density commercial development and because all necessary
easements, parking, open space, and setbacks can be provided.
4. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
5. The design of the subdivision or proposed improvements is not likely to cause
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.
7. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
RESOLUTION NO. 4037
PAGE 3
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
Planned Unit Development Permit Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan.
2. The site for the proposed development is adequate in size and shape to ,_
accommodate said use and all yards, open spaces, setbacks, walls and fences,
parking areas, landscaping, and other features required by the Development
Code.
3. The site for the proposed development has adequate access, meaning that the
site design and development plan conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be compatible
with the existing multiple-family and single-family residential uses in the
surrounding area.
6. The improvements required, and the manner of development, adequately address
all natural and man-made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit Development
Provisions by providing a more efficient use of the land and an excellence of
design greater than that which could be achieved through the application of
conventional development standards.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby considers an Addendum to the certified Final Environmental Impact
Report for the Creekside Center project, instructs the Director of Administrative Services
to file a Notice of Determination, and approves Vesting Tentative Tract Map No. 04-004
and Planned Unit Development 04-001, based upon the above findings and subject to the
conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this
reference.
RESOLUTION NO. 4037
PAGE 4
On motion by Council Member Arnold, seconded by Council Member Guthrie, and by the
following roll call vote to wit:
AYES: Council Members Arnold, Guthrie, Costello, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 25'" day of,September 2007.
RESOLUTION N0.4037
PAGE 5
ATTEST:
KELLY WE'fMOI~E. CITY CLERK
APPROVED AS TO CONTENT:
__. ...
%~ ~
S~ N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
t l~'`~
TIM, THY J. MEL, CITY ATTORNEY
RESOLUTION NO. 4037
PAGE 6
EXHIBIT A
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 04-004 and
PLANNED UNIT DEVELOPMENT 04-001
DB & M Property, LLC
415 East Branch Street
GENERAL CONDITIONS
This approval authorizes the reconfiguration of twenty-three (23) existing lots into
nineteen (19) lots fora 2.78-acre property, and construction of a mixed-use development
consisting of 16 residential buildings (22 units total), a 12,937 square foot
commercial/office building, and retention of existing structures.
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 Vesting Tentative
Tract Map 04-004 and Planned Unit Development 04-001.
3. This tentative map and PUD approval shall automatically expire on September 25,
2009 unless the final map is recorded or an extension is granted pursuant to
Section 16.12.140 of the Development Code.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of September 25, 2007 and marked Exhibits 61-
613 (on file in the Community Development Department), except as modified by
these conditions of approval.
5. The applicant shall, as a condition of approval of this tentative 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 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.
SPECIAL CONDITIONS
6. Consistent with MM 4.3.30, an open space agreement and twenty-five foot (25')
creek easement measured from top of bank shall be recorded on the property. No
development shall occur within 25' creek setback area. A trail easement shall also
be recorded within the creek setback area. A homeowners association shall be
responsible for maintaining the creek easement area.
RESOLUTION NO. 4037
PAGE 7
7. The applicant shall provide two (2) on-site affordably restricted housing units to be
sold to moderate-income qualified families. Prior to recording the final map the
applicant shall enter into an agreement, in a form approved by the City Attorney,
whereby the applicant agrees on behalf of itself and its successors in interest to
maintain the affordability of the units for thirty (30) years or longer, as well as other
terms and conditions determined to be necessary to implement this condition.
8. There shall be a "look back" provision to determine whether a gate is necessary
between the commercial and residential uses two (2) years after the project has
been constructed. The applicant shall install a gate at its expense if determined
necessary.
9. The two (2) Coast Live Oak trees and the Canary Island Date Palm shall be
transplanted to a suitable location on or off-site, as recommended by the arborist
report prepared by Carolyn Leach dated September 1, 2006.
10. Storage cabinets within the garages shall be elevated to reduce the risk of damage
during a flood event, as determined by a flood study.
11. Construction activities shall be restricted to the hours of 8:00 AM to 5:00 PM
Monday through Friday. There shall be no construction activities on Saturday or
Sunday.
12. Development shall conform to the Village Mixed Use (VMU) zoning requirements
except as otherwise approved.
12. All fences and/or walls shall not exceed six feet (6') in height unless otherwise
approved with a Minor Exception or Variance application.
13. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
14. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
PRIOR TO ISSUANCE OF GRADING PERMIT
15. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
RESOLUTION NO. 4037
PAGE 8
PRIOR TO ISSUANCE OF A BUILDING PERMIT
16. The Architectural Review Committee (ARC) shall review and approve the final
architectural drawings, including exterior building colors and materials, final
landscape plan with historic railroad elements, Crown Terrace guardrail design
placed on top of required retaining walls, and historic markers.
17. The applicant shall obtain approval for a Planned Sign Program consistent with the
Development Code and the Design Guidelines and Standards for Historic
Districts.
PRIOR TO RECORDING THE FINAL MAP
18. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
(1) Deep root planters shall be included in areas where trees are within
five feet (5') of asphalt or concrete surfaces and curbs;
(2) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
shall be incorporated into the landscaping plan; and
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
19. All fencing shall be installed.
20. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs)
that are administered by a subdivision homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&Rs shall be reviewed
and approved by the City Attorney and recorded with the final map.
21. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
22. Linear root barriers shall be used throughout the project to protect all sidewalks.
RESOLUTION NO. 4037
PAGE 9
23. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every fifty feet (50') of street frontage. The existing Cypress trees along
Crown Terrace shall be removed in the northeast corner of the site. The other
Cypress trees shall be thinned or removed, as determined to be necessary by an
arborist study. The Architectural Review Committee (ARC) shall review and
approve the final landscape plan.
24. The applicant shall submit a completed "GreenPoint" Checklist from the 2005
Edition of "new Home Construction Green Building Guidelines" developed by SLO
Green Build to the Community Development Department prior to issuance of
building permit.
25. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
26. The project shall comply with State and Federal disabled access requirements at
public areas.
27. The applicant shall show all setback areas for each lot on the tentative tract map
prior to map recordation.
28. Prior to issuance of a certificate of occupancy, all fire lanes must be posted
and enforced, per Police Department and Fire Department guidelines.
29. Project shall have a fire flow based on the California Fire Code appendix III-A.
30. Prior to bringing combustibles on site, fire hydrants shall be installed, and be
operational per Fire Department and Public Works Department standards. Add an
additional hydrant in the dead end street portion on the west side of lots 6 & 7.
31. Prior to occupancy, the applicant must provide an approved "security key vault",
per Building and Fire Department guidelines.
32. Prior to occupancy, all buildings must be fully sprinklered per National Fire
Protection Association Standards.
RESOLUTION NO. 4037
PAGE 10
33. 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.
34. Prior to issuance of a building permit, County Health Department approval is
required for well abandonment if applicable.
35. Project must comply with Federal and local flood management policies.
36. Any review costs generated by outside consultants, shall be paid by the applicant.
37. The applicant shall provide entrance directories, with addresses for Fire &
Emergency responders, including private street names.
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
38. Fees -The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
39. Fees to be paid prior to plan approval:
a. Map check fee.
b. Plan check for grading plans based on an approved earthwork estimate.
c. Plan check for improvement plans based on an approved construction
cost estimate.
d. Permit Fee for grading plans based on an approved earthwork estimate.
e. Inspection fee of subdivision or public works construction plans based on
an approved construction cost estimate.
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:
RESOLUTION NO. 4037
PAGE 11
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure pertormance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
40. Replace the existing 4" water main underneath Crown Terrace with an 8" main.
Replace all services that are not to be abandoned.
41. Replace the short section of 4" main underneath Le Point Street to connect to
the 6" main underneath the northern section of Crown Terrace.
42. Replace the section of 4" main underneath Le Point Street between Corbett
Canyon/Highway 227 and McKinley Street.
43. Extend an 8" main through the site to connect to the main underneath Le Point
and Crown Hill.
RESOLUTION NO. 4037
PAGE 12
44. The applicant shall make all necessary welded connections to the steel sanitary
sewer main and slip line the main and welded stub laterals.
45. Pay a proportionate share to the Fair Oaks Sewer Main Upgrade.
46. Install decorative streetlights along Crown Hill to match existing light standards in
the village along East Branch Street. The minimum lighting required by the
Police Department shall be used. Streetlights along Crown Terrace and Le Point
Street shall be shielded to direct light downwards, and shall be shorter than
standard streetlights. The ARC shall review and approve the final lighting plan.
47. Parking for existing businesses on the site shall not be blocked during
construction.
48. Dust shall be controlled on site during construction.
49. The pedestrian path adjacent to the creek shall be made of decomposed granite
(dg)~
50. Distinctive marking, such as stamped concrete, shall be used to indicate a
pedestrian path across the parking area linking the pedestrian path adjacent to
the creek to East Branch Street.
51. A bike rack containing six (6) bicycle spaces shall be installed in both the
residential and commercial components of the project for a total of twelve (12)
bicycle spaces.
52. Underground all existing overhead utilities, more specifically the following poles
and associated overhead lines, shown graphically in EXhit2lLA:
a. Pole 2197, near the dead end of Le Point Street,
b. Pole 440, at the corner of Le Point and Crown Terrace,
c. Pole 524, at the corner of Crown Hill and Crown Terrace,
d. Pole 139, along Crown Terrace,
e. Unknown Pole Number, along Crown Terrace,
53. Construct Le Point Street adjacent to the northern project boundary to the
following design standards:
• 20 feet street width from curb to centerline of street from the project side.
• 6 feet wide concrete sidewalks on the project side with concrete curb and
gutter.
• 25 mile per hour design speed.
• TI of 6.5.
54. Construct Crown Terrace adjacent to the eastern project boundary to the
following design standards:
RESOLUTION NO. 4037
PAGE 13
^ 12 feet street width from curb to centerline of the street from the project
side.
^ 6 feet wide concrete sidewalks with concrete curb and gutter on the west
side of the street.
• "No Parking" on both sides of the street.
• 25 mile per hour design speed.
^ TI of 6.5.
55. Remove and replace any broken curb, gutter and sidewalk along Crown Hill and
East Branch Street.
56. Install a pedestrian ramp at the corner of Crown Hill and East Branch.
57. Overlay Crown Terrace with 1 '/z' asphalt concrete. Grind the perimeter of the
overlay to facilitate matching to existing grades.
58. Complete half of the cross gutter and spandrel at the northwest corner of Le
Point Street and Crown Terrace.
59. Analyze the intersection of Crown Terrace and Le Point Street for traffic control
improvements and install an all-way stop, and any other improvements as are
deemed necessary by the Director of Public Works. Sidewalk and ADA
improvements shall be installed as necessary. The City shall financially assist in
drainage and sidewalk improvements as feasible at this intersection.
60. The residential portion of the project shall have primary access from Le Point
Street.
61. Upgrade the storm drain system along Le Point to City Standards, complete with
fossil filters.
62. Remove and replace the drop inlet along the property frontage of Crown Hill with
a new City standard drop inlet.
63. Project site drainage shall drain directly to the creek. Site drainage shall be
filtered prior to entering the creek. Energy dissipation shall be provided for at the
creek outfall. Bioswales shall be used where appropriate, as approved by the
California Department of Fish and Game and the U.S. Army Corps of Engineers.
GENERAL GONDITIONC
64. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations
or as directed by the Director of Community Development or the Director of
Public Works.
65. Perform construction activities requiring City inspection during normal business
hours (Monday through Friday, 7 A.M. to 5 P.M. excluding City holidays) for
inspection purposes.
RESOLUTION NO. 4037
PAGE 14
66. Prior to placing the final map on the City Council Agenda, the following items
shall be submitted and approved:
a. Final map signed.
b. Improvement Securities.
c. Fees paid.
d. Inspection agreement signed.
e. Subdivision improvement agreement signed.
f. Tax certificate.
g. Project CC&R's or maintenance agreements.
IMPROVEMENT PLANS
67. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
68. Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
69. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
70. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works 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 Director of Public Works.
71. 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.
g. The location of all existing and proposed public or private utilities.
72. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
73. Any landscape and irrigation within the public right of way require plans that shall
be approved by the Public Works, Community Development and Parks and
Recreation Departments.
RESOLUTION NO. 4037
PAGE 15
lIYAIEB
74. Whenever possible, all water mains shall be looped to prevent dead ends. The
Director of Public Works must grant permission to dead end water mains.
75. Construction water is available at the corporate yard. The City of Arroyo Grande
does~not allow the use of hydrant meters.
76. Each parcel shall have separate water meters. Duplex service lines shall be
used if feasible.
77. Lots using fire sprinklers shall have individual service connections. If the units
are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the
water meters.
78. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
79. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council
for approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $2,200 for each new residential
unit.
80. Install fire hydrants to Public Works and Building and Fire Department
requirements.
~ElOLEB
81. Each parcel shall be provided a separate sewer lateral.
82. All sewer laterals must connect to City sewer mains.
83. All new sewer mains must be a minimum diameter of 8".
84. All sewer laterals within the public right of way must have a minimum slope of
2%.
85. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
86. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
RESOLUTION NO. 4037
PAGE 16
87. Sewer laterals must connect to City sewer mains.
88. Obtain approval from the South County Sanitation District for the development's
impact to District facilities.
P Ig I ITI ITI
89. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
90. Under ground all existing overhead public utilities on-site and in the street in
accordance with Section 16.68.050 of the Development Code.
91. Underground improvements shall be installed prior to street paving.
92. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
93. Submit the Final Map shall to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
94. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
95. All public utility plans shall be submitted to the Director of Public Works for
review and comments.
STREETS
96. Obtain approval from the Director of Public Works prior to excavating in any
street recently over-laid or slurry sealed. The Director of Public Works shall
approve the method of repair of any such trenches, but shall not be limited to an
overlay, slurry seal, or fog seal.
97. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
98. All street repairs shall be constructed to City standards.
99. Street structural sections shall be determined by an R-Value soil test and TI, but
shall not be less than 3" of asphalt and 6" of Class II AB.
100. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to
acceptance by the City may be required as directed by the Director of Public
Works.
RESOLUTION NO. 4037
PAGE 17
IRB GLITTER AND SID WA K
101. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
102. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
GRADING
103. Perform all grading in conformance with the City Grading Ordinance.
104. 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.
105. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
DRAINAGE
106. All drainage facilities shall be designed to accommodate a 100-year storm flow.
107. All drainage facilities shall be in accordance with the Drainage Master Plan.
108. The project is in Drainage Zone "B" and will require runoff to be directed to the
creek.
109. Submit detailed drainage calculations for review and approval by the Director of
Public Works.
DEDICATIONS AND EASEMENTS
110. 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.
111. Abandonment of public streets and public easements shall be listed on the final
map of parcel map, in accordance with Section 66499.20 of the Subdivision Map
Act.
112. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way, except that street tree easements shall exclude the area
covered by public utility easements.
113. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
RESOLUTION NO. 4037
PAGE 18
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
114. A Public Utility Easement (PUE) shall be dedicated over the private driveway for
the residential portion.
115. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following:
^ Sewer easement over the existing sewer main. The existing easement is
to the County of San Luis Obispo, but the City owns a portion of the main.
The easement shall be a minimum of 15 feet wide.
^ Water easements where shown on the tentative map. The easements
shall be a minimum of 15 feet wide.
116. Private easements shall be reserved on the map, or other separate document
approved by the City, for private sewer and water service.
117. Prior to issuance of grading or building permits for the project, the applicant shall
provide evidence, to the satisfaction of the City Attorney, of all easements
necessary for unimpeded public access to the project site, as shown on the
project plans.
PERMITS
118. Obtain an encroachment permit prior to pertorming 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.
119. Obtain a grading permit prior to commencement of any grading operations on
site.
AC~RFFMFNTR
120. 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.
121. Subdivision Improvement Agreement: The sub divider shall enter into a
subdivision agreement for the completion and guarantee of improvements
required. The subdivision agreement shall be on a form acceptable to the City.
122. Covenants, Conditions, and Restrictions to outline the maintenance of the
common facilities. These shall be subject to the review and approval of the
Director of Public Works and the City Attorney.
RESOLUTION NO. 4037
PAGE 19
IMPROVEMENT SECURITIES
123. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
124. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
125. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements,
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey
monuments. This financial security may be waived if the developer's
surveyor submits to the Director of Public Works a letter assuring
that all monumentation has been set.
OTHER DOCUMENTATION
126. Tax Certificate: The applicant shall furnish a certificate from the tax collector's
office indicating that there are no unpaid taxes or special assessments against
the property. The applicant may be required to bond for any unpaid taxes or
liens against the property. This shall be submitted prior to placing the map on
the City Council Agenda for approval.
127. Preliminary Title Report: A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
128. Subdivision Guarantee: A current subdivision guarantee shall be submitted to
the Director of Public Works with the final submittal of the Map.
Prior to issuing a huildina~ ermit
129. The Final Map shall be recorded
satisfied.
with all pertinent conditions of approval
prjor to issuing a certificate of occupancy
130. All utilities shall be operational.
131. 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 Director of Public Works.
132. Prior to the final 10% of occupancies for the project are issued; all improvements
shall be fully constructed and accepted by the City.
RESOLUTION NO. 4037
PAGE 20
MITIGATION MEASURES
SEE EVIRONMENTAL IMPACT REPORT ADDENDUM AND MITIGATION
MONITORING PROGRAM (EXHIBITS C AND D).
CREEKSIDE MIXED-USE CENTER
TENTATIVE TRACT MAP 04-004 &
P'~-ANNED UNIT DEVELOPMENT 04_001
Env/ronmenta/In~pa~t Re o
p rt'Addendum
EXHIBIT C
e,,,,,.,.. ~-r07
Prepared by;
Communi C~~' of Arroyo Grande
ty Development Department
1.0 INTRODUCTION
Background
In September 2003 the City of Arroyo Grande adopted Resolution No. 3710 certifying
the Final Environmental Impact Report (FEIR) for the Creekside Center mixed use
project (Tentative Tract Map 01-002 and Conditional Use Permit 01-001). The FEIR
examined potential environmental impacts associated with development of a
commercial retail, office and residential complex on a 3.5-acre site located at 415 East
Branch Street. The proposed project involved construction of 37,000 square feet of
retail, office and residential space in five separate one and two story buildings and
reconfiguration of 37 underlying lots into five parcels. The applicant proposed to retain
the existing office building, relocate the two former Loomis residences, and remove the
E.C. Loomis and Son Feed Store. The FEIR determined that the main residence would
be eligible for listing in the California Register as a historical resource, and that the
grain warehouse serves as an important feature of the setting for the main house.
Removal of these structures was determined to be a significant environmental impact.
Several of the parcels originally included in the project have changed ownership since
the initial submittal in January 2000. The properly underlying the existing office
building and storage units was sold and therefore is not a part of the proposed
development. The property underlying the two residences and feed store has also been
sold, but is still included as part of the revised project. A "Consent of Landowner" letter
was submitted to the City on September 28, 2004 containing signatures of all owners of
record for the redesigned project. Because of these changes in project design and
ownership, the applicant withdrew and resubmitted the tentative tract map in
September 2004. This created a new processing timeline consistent with the Permit
Streamlining Act and Subdivision Map Act.
On November 14, 2006 the City Council denied, without prejudice, a proposed mixed-
use project on the subject property consisting of twelve (12) duplexes, a 12,000 square
foot commercial/office building and potential conversion of existing structures (the two
residences and warehouse) to commercial uses. The applicant has subsequently
submitted a substantially similar project that addresses City concerns.
Center EIR Addendum - 2 - August 2007
This Addendum provides information to the City of Arroyo Grande's decision-makers on:
• A revised site plan for the proposed mixed-use project;
• Potential changes in impacts resulting from the revisions to the project; and
• Conclusions regarding potential changes in impacts and the applicability of
criteria that would require the preparation of a Subsequent EIR.
Revised Project Description
The original mixed-use project was redesigned in response to comments contained in
the FEIR. Most existing buildings are proposed to remain, except the storage sheds
and garden barn in the center and east sides of the site, and the revised project
includes considerably more residential floor area as compared to the original proposal.
Proposed is a mixed-use development consisting of sixteen (16) residential buildings in a
detached townhouse configuration and a 12,937 square foot retail/office building at the
corner of Crown Terrace and Crown Hill. All existing buildings are proposed to remain.
There are three (3) plans proposed for the residential units as shown in the table below.
Total residential units include sixteen (16) town homes and six (6) secondary units for a
total of twenty-two (22) units. Two (2) of the units located adjacent to the commercial
property are proposed to have alive/work option, whereby the downstairs bedroom
could serve as a commercial office.
Requirements for Preparation of an Addendum
The California Environmental Quality Act (CEQA) provides for the preparation of an
Addendum to a Final EIR. Section 15164 of CEQA states in part,
"(a) The /ead agency or responsible agency shall prepare an addendum to a previously
certified EIR if some changes or additions are necessary but none of the conditions
described in Section 15162 calling for preparation of a subsequent EIR have occurred. "
CEQA Section 15162 requires preparation of a Subsequent EIR in the following cases:
(I) Substantial changes are proposed in the project which will require major
revisions of the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
(2) substantia/ changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the previous EIR or
Negative Declaration due to the involvement of new significant environmental
effects or a substantia/ increase in the severity ofprevious/y identified significant
effects; or
(3) New information of substantia/ importance, which was not known and cou/d not
have been known with the exercise of reasonab/e diligence at the time the
previous EIR was certified as comp/ete or the Negative Declaration was adopted,
shows any of the fol%wing:
Creekside Center EIR Addendum - 3 - August 2007
(A) The project will have one or more significant effects not discussed in the
previous EIR or negative declaration;
(B) Significant effects previously examined wi// be substantially more severe
than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible
would in fact be feasib/e, and would substantia//y reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from
those analyzed in the previous EIR wou/d substantially reduce one or
more significant effects on the environment, but the project proponents
decline to adopt the mitigation measure or alternative. "
None of the provisions of CEQA Section 15162 apply to the amended project, and
therefore an Addendum (rather than a Subsequent EIR) has been prepared.
Pursuant to CEQA Section 15164(c):
'An addendum need not be circulated for public review but can be included in or
attached to the Fina/EIR or adopted negative declaration. "
This Addendum has therefore not been circulated for public review, but is provided as
an attachment to the Firial EIR.
2.0 ENVIRONMENTAL ANALYSIS OF MINOR PROJECT MODIFICATIONS
Proposed Environmental Determination
Upon review and comparison of the proposed project and original submittal evaluated
by the EIR, several minor modifications and refinements have been made. As
previously noted, the project description information presented in this Addendum relate
only to changes in the land use composition and physical layout of the site. These
changes could result in positive and/or negative effects related to the following areas
examined in the Final EIR:
• Land Use
• Parking
• Historical Resources
• Recreation
• Biological Resources
The proposed changes would not result in any changes to the conclusions reached from
the previously certified EIR, nor would there be a substantial increase in the severity of
previously identified significant effects. Also, no new information of substantial
importance is known to exist that was not known or could not have been known at the
time of the previous EIR.
Creekside Center EIR Addendum - 4 - August 2007
The following analysis identifies the minor changes made to the project plans and
design as compared to the original submittal evaluated by the EIR, and explains why
the change is considered minor.
Modification #1: Land Uses. As previously noted, the original project would have
removed the two former Loomis residential buildings and feed store as well as all
accessory storage buildings to enable construction of the Creekside Center. The Center
was a complex of the existing office building and four new retail or office buildings
containing approximately 31,000 gross floor area, with one building also proposing four
residential units. This project would have involved significant unavoidable impacts to
the existing buildings including the historic resources identified in the certified EIR.
The revised project retains the historic resources for potential restoration or reuse and
eliminates only accessory structures behind and to the east of the existing houses and
former feed store to enable 12,937 square feet of new retail/office building and the 16
residential town house buildings. The revised Creekside Complex is a mixed-use
planned unit development that is approximately one-third commercial/office and two-
thirds residential, including a total of 22 dwelling units (including second units).
Modification #2: Parking. The revised project has different parking requirements
than the original project because of the increased number of residential units.
However, there is little change to the number of deficient parking spaces.
Analysis: The current project complies with Development Code calculations for
residential and commercial parking utilizing a il% parking reduction, allowable for
mixed-use projects. Net residential parking has a deficit of seven (7) guest spaces and
net commercial parking has a deficit of three (3) spaces. The Development Code
(Section 16.56.050) allows up to a 20% parking reduction for mixed-use projects, which
is more than adequate for the proposed project. The proposed parking would
accommodate the project demands using the shared parking scenario described in the
EIR. No new impacts would result from the revised parking configuration and no
additional mitigation is necessary.
Modification #3: Historical Resources. The existing former Loomis houses and
feed store structures are proposed to remain, including the main house, which the EIR
has determined to be a potentially significant historic resource eligible for listing in the
California Register of Historic Places.
Analysis #3: The revised project retains all existing historic resource structures and
related setting, which changes this environmental determination from a Class I impact
(significant and unavoidable) to a Class IV impact (beneficial) and Class II (Significant
but mitigable).
Retention of these existing structures requires certain mitigation measures be added
that were discussed in the EIR but did not apply, because the single historical resource
on the project site, the main house, was proposed to be demolished. Subsequently, the
Creekside Center EIR Addendum - 5 - August 2007
applicant sold the properly containing the historical resource without adequate and
legally enforceable restrictions or conditions to ensure long-term preservation of the
property's historic significance.
Mitigation Measure 4.4.1 has been added requiring the new owner of the property to
register the main residence in the California Register of Historic Places through the
State Office of Historic Preservation (OHP).
In the event the main house is converted from a residential to a commercial use or is
renovated, any alteration (including restoration, rehabilitation, repair, maintenance,
stabilization, hazardous material remediation, and provision of handicapped access)
must be consistent with the Secretary's Rehabilitation Standards and Guidelines (36 CFR
part 68) or technical advisories (Mitigation Measure 4.4.2)
Modification #4: Recreation. Loss of recreational opportunities.
Analysis #4: The revised project does not include an amphitheatre or a pedestrian trail
adjacent to the creek as originally proposed. However, the residential component does
incorporate a small open space area adjacent to the creek that includes modest
recreational ameneties. Mitigation measures have been added regarding requirement
of a trail easement (see MM 4.4.30 and MM 4.4.31 below under Biological Resources).
This does not constitute a significant impact and no additional mitigation measures are
required.
Modification #5: Biological Resources. The creekway enhancement component of
the original project has mostly been eliminated.
Analysis #5: Because the property developed with the office building and storage units
is no longer part of the project, the opportunity for enhancement of Tally Ho Creek is
reduced. This is a significant impact that can be mitigated with recordation of an open
space agreement, and atwenty-five foot (25') creek easement measured from top of
bank that includes a trail easement (Mitigation Measure 4.4.30). The project is further
required to construct a footpath to the creek that would be stable and not erosive. The
trail must be covered with base rock and designed to be permeable and to avoid the
concentration of storm runoff. The developer shall also plant shrubs, such as native
blackberry, adjacent to any trails and/or footpaths to discourage use of a shortcut path,
and revegetate any existing short paths (Mitigation Measure 4.4.31).
Modification #6: Water.
Development of the proposed project would require water for both domestic use and
landscape irrigation. The water consumption by this project would further reduce the
City's remaining supply of available water. This impact will be minimized by mitigation
measures, including using water-conserving designs, fixtures and landscaping.
The City currently receives its water supply from both surface and groundwater
sources. Ground water extractions are derived from seven (7) wells and two (2)
separate basin formulations. Surface water is obtained from the Lopez Reservoir
Project, which was constructed in the late 1960's. Reclaimed storm water collected by
Creekside Center EIR Addendum - 6 - August 2007
the Soto Sports Complex Storm Water Reclamation Project is also used as an irrigation
supply source.
The City adopted a Water System Master Plan in 1999, which identified water resources
as being a significant issue, and identified methods to increase and diversify water
supply to increase long-term reliability of the City's water service to its residents. The
report assessed potential methods to address the water supply issue and prioritized
alternatives.
The City used approximately 96% of its available/allocated water supply during Fiscal
Year 2006/2007. Per Chapter 13.05.010 of the City's Municipal Code (Water Supply
Conditions), this level of water use is considered a "severely restricted" water supply
condition that has not yet reached a "critical" level. To manage its potential water
supply deficiency, the City adopted atwo-phased strategy in November 2004 that
included alternatives to be pursued to meet the City's water demand over the next 10-
year period (phase 1), and identified alternatives that will provide permanent water
supply increases to meet the long-term demand that are most desirable, feasible and
cost effective (phase 2). As part of phase 1, the City adopted a Water Conservation
Program in May 2003 that included:
• Plumbing Retrofit Program;
• Water Shortage Contingency Analysis;
• Public Information and Education;
• Information System Assessment for Top Water Users;
~• Enforcement of City's Water Conservation Codes; and
• Optional components, including washing machine rebates, irrigation system or
landscaping rebates, and retrofit of cemetery with non-potable water.
Other components of phase 1 include construction of Well No. 10 (located on Deer
Trail Circle), pursuing oil field water on Price Canyon, implementing a tiered water and
sewer rate structure as financial incentives for water conservation, and a utility retrofit
upon-sale program. It should also be noted that pursuant to the agreement entitled
Management of the Arroyo Grande Ground Water Basin, dated effective June 10, 2002,
the City is entitled to the first 359.1 acre feet of the urban parties share of any increase
in the safe yield of the Arroyo Grande Ground Water Basin; an RFP for this study has
been implemented. This additional entitlement, potentially presents the most immediate
increase in water supply to the City
Phase 2 provides various permanent water supply options that include:
• Conducting a groundwater study;
• Pursuing water from the Nacimiento Project;
Implementing a reclaimed water system;
• Studying feasibility of a desalination plant; and
• Pursuing water from the State Water Project.
Creekside Center EIR Addendum - 7 - August 2007
3.0 ENVIRONMENTAL ISSUES
4.1 Aesthetics
The revised project adheres to the Design Guidelines for the Historic Overlay
District (the "Guidelines") per review of the Architectural Review Committee
(ARC). The project therefore requires less mitigation for visual impacts than the
original project. No additional mitigation measures are required.
4.2 Air Quality
Less air quality mitigation is necessary with the revised project since none of the
existing buildings on the project site are proposed to be demolished. All
mitigation related to dust control are required, and no additional measures are
necessary.
4.3 Bio1o°v
The following mitigation measure has been added:
MM 4.3.30: The developer shall record an open space agreement and twenty-
five foot (25') creek easement on the property measured from top of bank. No
development shall occur within 25' creek setback area. A trail easement is
further required within the setback area.
4.4 Cultural Resources
The following mitigation measures have been added:
MM 4.4.1: The owner of the property containing the former Loomis residences
and grain warehouse shall register the main residence in the California Register
of Historic Places through the State Office. of Historic Preservation (OHP).
MM 4.4.2: Alterations to the main house shall comply with the Secretary's
Rehabilitation Standards and Guidelines (36 CFR part 68).
4.5 Geoloav and Soil
No new impacts are expected with the revised project and no additional
mitigation measures are necessary.
4.6 Hazardous Materials
No new impacts are expected with the revised project and no additional
mitigation measures are necessary.
4.7 Hvdroloav, and Water Quality
No new impacts are expected with the revised project and no additional
mitigation measures are necessary.
Creekside Center EIR Addendum - 8 - August 2007
4.8 Land Use
There are no impacts requiring mitigation with either the original or revised
project.
4.9 Noise
No new impacts are expected with the revised project and no additional
mitigation measures are necessary.
4.10 Public Services and Utilities
There are no impacts requiring mitigation with either the original or revised
project.
4.11 Water and Wastewater
Wastewater disposal is not considered a significant impact and existing facilities
can handle the increased project demand. Cumulative water supply remains a
significant impact but mitigable with implementation of mitigation measures. All
mitigation measures in FEIR are required. No additional mitigation measures are
necessary for water or wastewater impacts.
4.0 CONCLUSION
Based on the above discussion, the proposed mitigation measures or minor changes are
not considerably different from those analyzed in the previous EIR, nor would they
substantially reduce or change the conclusions. The applicant will be incorporating
these and other required environmental mitigation measures into the project.
Therefore, a subsequent or supplemental EIR is not considered necessary, and the EIR
addendum is appropriate.
s:\Community Development\PROJECis\TfM\Creekside TTM 2346\Geekside EIR Addendum 3.doc
Creekside Center EIR Addendum - 9 - August 2007
EXHIBIT D
CREEKSIDE MIXED-USE CENTER
TENTATIVE TRACT MAP 04-004 &
PLANNED UNIT DEVELOPMENT 04-001
THE "PROJECT"~
Mitigation Monitoring Program
August 2007
Table of Contents
Introduction ................................................................................. 2
Legal Basis ........................................................................ 2
Program Implementation and Monitoring .................................... 3
Implementation ...................................................... 3
Mitigation Monitoring ............................................. 4
Mitigation Monitoring Status Reporting ........................... 5
Project Mitigation Measures ...................................................... 5
4.1 Aesthetics ................................................................ 5
4.2 Air Quality ................................................................ 6
4.3 Biology ................................................................ 7
4.4 Cultural Resources ....................................................... 16
4.5 Geology and Soil ....................................................... 19
4.6 Hazardous Materials .............................................. 22
4.7 Hydrology, and Water Quality ..................................... 23
4.8 Land Use ................................................................ 26
4.9 Noise ......................................................................... 26
4.10 Public Services and Utilities ..................................... 26
4.11 Water and Wastewater .............................................. 27
Mitigation Monitoring Program for the Creekside Center
Introduction
Mitigation is defined by the California Environmental Quality Act (CEQA) as a measure which:
• Avoids the impact altogether by not taking a certain action or parts of an action.
• Minimizes impacts by limiting the degree or magnitude of the action and its
implementation.
• Rectifies the impact by repairing, rehabilitating, or restoring the impacted
environment.
Reduces or eliminates the impact over time by preservation and maintenance
operations during the life of the project.
Compensates for the impact by replacing or providing substitute resources or
environments.
Mitigation measures discussed below have been identified in Chapter 4 of the FEIR,
Environmental Setting, Impacts and Mitigation Measures, as feasible and effective in mitigating
project-related environmental impacts. The effectiveness of each measure is identified in this
Mitigation Monitoring Program and discussed in more detail in Chapter 4 of the FEIR.
Legal Basis
Overriding Considerations
The City Certified the FEIR for the Creekside Center in September 2003 and an Addendum to
that document has been prepared to evaluate potential impacts for a revised project. At the
time of considering approval of the project, the City must consider the information presented in
the Final EIR and Addendum. The FEIR for the original project identified significant and
unavoidable impacts with the demolition of historical resources and to the City's cumulative
water supply. The revised project reduces impacts to historical resources to a less than
significant level by retaining all significant (historic resources or important to their setting)
existing structures on the project site. Impacts to the City's long-term water supply remains a
significant and unavoidable impact previously recognized in the 2001 GPU Program EIR.
If a project is determined to a have significant, unavoidable impact, the City must find that the
benefits of the project outweigh the environmental effects before approving the project. This is
called a Statement of Overriding Considerations and it must be included in the record of project
approval (CEQA Guidelines §15093). The Statement of Overriding Considerations is a written
statement, based on substantial evidence, explaining why the Lead Agency will accept the
project with significant effects. Because the project has a significant, unavoidable
environmental impact regarding water supply, the City must make this finding of Overriding
Considerations in its approval of the project. A Notice of Determination is filed after the City
makes its final decision.
Mitigation and Monitoring Program
The legal basis for the development and implementation of a Mitigation and Monitoring Program
lies within CEQA. CEQA Sections 21002 and 21001.1 state:
Creekside FEIR Mitigation Monitoring Program - 2 -
• Public agencies are not to approve projects as proposed if there are feasible
alternatives or feasible mitigation measures available which would substantially
lessen the significant environmental effects of such projects; and
• Each public agency shall mitigate or avoid the significant effects on the environment
of projects that it carries out or approves whenever it is feasible to do so.
• CEQA Section 21081.6 further requires that: the public agency shall adopt a
reporting or monitoring program for the changes made to the project or conditions of
project approval, adopted in order to mitigate or avoid significant effects on the
environment. The reporting or monitoring program shall be designed to ensure
compliance during project implementation.
• The monitoring program must be adopted when a public agency makes its findings
under CEQA so that the program can be made a condition of project approval in order
to mitigate significant effects on the environment. The program must be designed to
ensure compliance with mitigation measures during project implementation to mitigate
or avoid significant environmental effects.
Program Implementation and Monitoring
Each mitigation measure is described in the following format:
Impact: The description of the specific environmental impact.
Mitigation Measure (MM): The description of the mitigation measures.
Mitigation Level: The level to which the impact is anticipated to be
mitigated.
Responsible Party: The agency, Department or individual that has the
responsibility for implementing or performing the
measure.
Monitoring Agency: The public agency that has the responsibility for
monitoring to ensure that the mitigation measure is
effective in mitigating the impact.
Timing: The appropriate points in time at which the mitigation
measure is to be initiated and completed.
Implementation
The City shall be responsible for overall implementation and administration of the Mitigation and
Monitoring Program for the project. The City shall designate a staff person to serve as
coordinator of all mitigation monitoring among the various government agencies, construction
contractors, and interested residents. This person (Coordinator) will oversee all mitigation
measures and ensure they are completed to the standards specified in the FEIR and Addendum
and will ensure that the mitigation measures are completed in a timely manner. They will also
be responsible for the Mitigation Monitoring Checklist.
Creekside FEIR Mitigation Monitoring Program - 3 -
Duties of the Coordinator include the following:
• Coordinate with applicable agencies that have mitigation monitoring and reporting
responsibility;
• Coordinate activities with the construction manager;
• Coordinate activities of all in-field monitors;
• Develop a work plan and schedule for monitoring activities;
• Coordinate activities of consultants hired by the developer when such expertise and
qualifications are necessary;
• Conduct routine inspections and reporting activities;
• Plan checks;
• Assure follow-up and response to citizen inquiries and complaints;
• Develop, maintain, and compile Verification Report Forms;
• Maintain the Mitigation Monitoring Checklist or other suitable mitigation compliance
summary; and
• Coordinate and assure implementation of corrective actions or enforcement
measures, as needed.
Mitigation Monitoring
The implementation of mitigation measures shall be monitored at two levels. The first level of
monitoring is done through the use of a Verification Report. This report is to be completed for
each mitigation measure by the in-field monitor, responsible agency, or construction manager
(whichever is appropriate for the given action and mitigation measure). Frequency of report
completion will vary based on the type of mitigation measure. For example, measures that
require modification of final design drawings will only require that the Verification Report be
completed at the time of Final drawings are completed and again when they are approved.
However, in-field monitoring for activities such as construction may require that a Verification
Report be completed daily.
Once a mitigation measure has been completed and the measure needs no further monitoring
or follow-up, the in-field monitor, responsible agency, or construction manager shall notify the
Coordinator that the measure has been completed. This notification shall be done by sending a
final Verification Report. The Coordinator shall be responsible for collecting and maintaining
completed Verification Reports. Copies of these reports shall be maintained by the City.
If the in field monitor, responsible agency, or construction manager determined that non-
compliance has occurred, a written notice shall be delivered to the Coordinator describing the
non-compliance and requiring compliance within a specified period of time. If non-compliance
still exists at the expiration of the specified period of time, construction may be halted and fines
may be imposed upon the party responsible for implementation, at the discretion of the City.
The second level of monitoring shall be done through the completion of the Mitigation Monitoring
Checklist. The purpose of the Checklist is to provide a summary of the status of adopted
mitigation measures for the City, other public officials, and concerned citizens. The Coordinator
shall update the Checklist twice a year. The Coordinator shall update the Checklist by reviewing
the Verification Reports and contacting the in-field monitors, responsible agencies, and the
construction manager to review the status of their respective mitigation measures. A copy of the
most current Mitigation Monitoring Checklist shall be maintained at the Community Development
Department.
Creekside FEIR Mitigation Monitoring Program - 4 -
Mitigation Monitoring Status Reporting
The City shall compile a Mitigation Monitoring Status report on an annual basis. The report shall
be prepared by the Coordinator and contain the following:
• Mitigation Monitoring Checklist to provide the status of every mitigation measure;
• List of completed mitigation measures;
• List of all non-compliance incidences, with action taken or required'
• Evaluation of the effectiveness of the mitigation measures;
• Recommendations for modifications to the Mitigation and Monitoring Program to
improve effectiveness; and
• Required modifications to the Mitigation and Monitoring Program to comply with
legislation and policies adopted in the previous year (e.g. newly listed threatened
species).
Project Mitigation Measures
This section presents a listing and description of the recommended mitigation measures that
avoid or minimize potential environmental impacts.
4.1 Aesthetics
The revised project uses building colors and materials consistent with the Design
Guidelines for the Historic Overlay District (the "Guidelines") and therefore requires no
mitigation for visual impacts.
Impact: Signs added as part of the proposed project may conflict with the existing
Design Guidelines for the Historic Overlay District and with the Development Code for the
Village Mixed Use District. This is a potentially significant impact that can be mitigated to
aless-than-significant level with implementation of the following mitigation measure(s).
MM 4.1.1: A Planned Sign Program application shall be submitted to the Community
Development Department (CDD). All signs to be installed on or around the proposed
buildings shall be subject to review by Architectural Review Committee (ARC) and
approval by the CDD.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande, CDD
Timing: Prior to issuance of Building Permit
Impact: Sidewalks installed as part of the project may conflict with the Guidelines. This
is a potentially significant impact that can be mitigated to aless-than-significant level with
implementation of the following mitigation measure(s).
MM 4.1.2: All sidewalks to be installed shall be consistent with the Guidelines and the
Development Code, subject to review and approval by the ARC.
Mitigation Level: Less-than-significant
Responsible Party: City of Arroyo Grande -CDD, ARC
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Timing: Prior to issuance of Building Permit
Creekside FEIR Mitigation Monitoring Program - 5 -
Impact: The proposed development would result in an increase in external lighting.
Night lighting for security, parking and street lighting could be perceived as intrusive to
surrounding residential neighborhoods. This is a potentially significant impact that can be
mitigated to aless-than-significant level with implementation of the following mitigation
measure(s).
MM 4.1.3: All lighting for the proposed project shall conform to Development Code
Section 16.48.090 for position, intensity and operation. In particular, street and parking
lot lights shall be directed away from the surrounding residential areas, and shall be of
minimum intensity. A photometric plan shall be submitted for review and approval by
CDD and Police Dept. consistent with these lighting requirements.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, ARC, Public Works Dept.,
Police Dept.
Timing: Prior to issuance of Building Permit
4.2 Air Quality
Impact: The revised project does not include demolition of any primary buildings and
therefore no impacts of hazardous air pollutants such as asbestos or lead materials are
anticipated. However, construction activities would produce short-term air quality
impacts. This is a potentially significant impact that can be mitigated to a less-than-
significant level with implementation of the following mitigation measure(s).
MM 4.2.1: The dust control measures listed below shall be followed during construction
of the project, and shall be shown on grading and building plans:
During construction, water trucks or sprinkler systems shall be used to keep
all areas of vehicle movement damp enough to prevent dust from leaving the
site. At a minimum, this would include wetting down such areas in the later
morning and after work is completed for the day and whenever wind exceeds
15 miles per hour. Non-potable water shall be used whenever possible.
Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
All vehicles hauling dirt, sand, soil, or other loose materials are to be covered
or should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section
23114.
Install wheel washers where vehicles enter and exit unpaved roads on to
streets, or wash off trucks and equipment leaving the site.
Creekside FEIR Mitigation Monitoring Program - 6 -
• Sweep streets at the end of each day if visible soil material is carried on to
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
• Maintain all construction equipment in proper tune according to
manufacturer's specifications.
• Maximize the use of diesel construction equipment meeting, as a minimum,
the Califomia Air Resources Board's 1996 certification standard for off-road
heavy-duty diesel engines.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept., Building and Fire
Department
Timing: Prior to issuance of Grading Permit and during construction
4.3 Biological Resources
A biological resources investigation was conducted for the project, with emphasis on
identifying sensitive biological resources and associated project impacts given the site's
proximity to Tally Ho Creek.
Impact: Construction of the project may result in loss of and damage to existing
vegetation/botanical resources and species habitat. In addition, the potential loss of trees
within the riparian corridor could have substantial effect on habitat suitability for special-
status wildlife species (although no trees are currently scheduled for removal). This is a
potentially significant impact that can be mitigated to aless-than-significant level with
implementation of the following mitigation measures.
MM 4.3.1: A Riparian Restoration, Landscaping, and Monitoring Plan (Restoration Plan)
shall be prepared by a qualified restoration/revegetation biologist and a qualified arborist.
The Restoration Plan shall include, at a minimum, the requirements within the mitigation
measures included in the FEIR, success criteria, and contingency planning if those
criteria are not met.
Mitigation Level: Less-than-significant
Responsible Party: Developer shall submit the plan to the City and California
Dept. of Fish and Game (CDFG)
Monitoring Agency: City of Arroyo Grande - CDD and PR&F (Parks, Recreation
and Facilities Dept.); CDFG
Timing: Restoration Plan shall be submitted and approved prior to
issuance of Grading Permit; duration of monitoring shall be no
less than five (5) years.
MM 4.3.2: Any trees intentionally or unintentionally killed or removed that are greater
than or equal to four (4) inches diameter at breast height (DBH) and less than twelve (12)
inches DBH shall be replaced at a 3:1 ratio. Trees removed that are greater than or
equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio. Replacement trees shall
Creekside FEIR Mitigation Monitoring Program - 7 -
be limited to appropriate native, riparian tree species as approved by the City Parks,
Facilities and Recreation Department's arborist.
Mitigation Level: Less-than-significant
Responsible Party: City of Arroyo Grande -CDD, Parks, Recreation & Facilities
Dept.
Monitoring Agency: City of Arroyo Grande -CDD, Parks, Recreation & Facilities
Dept.; CDFG
Timing: During construction
MM 4.3.3: Non-native, invasive plant species (German ivy, poison hemlock, etc.) shall
be removed from the project site, and replaced with appropriate native herbaceous plant
species as directed by a qualified restoration biologist.
Mitigation Level:
Responsible Party:
Monitoring Agency:
Timing:
Less-than-significant
Developer
City of Arroyo Grande -CDD,
Parks, Recreation & Facilities
Dept.; CDFG
Prior to issuance of a Certificate of Occupancy
MM 4.3.4: All disturbed areas of bare soil and slopes within the project site must be
protected from erosion during and after construction in conformance with mitigation
measures in the Geology and Soils section. Re-vegetation in appropriate areas of the
site shall be implemented immediately following construction with locally occurring native
plants and native erosion control seed mix (composed of locally-occurring native seed), in
conjunction with geotechnical fabrics such as jute netting, for steeper slopes.
Implementation of the re-vegetation and other construction Best Management Practices
shall be monitored by a qualified restoration biologist.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: Restoration Biologist; City of Arroyo Grande -CDD, Parks,
Recreation & Facilities Dept.
Timing: During and after construction activities
MM 4.3.5: The restoration Plan for the site shall contain the following measures for tree
protection during construction:
A qualified arborist shall be present on-site during preliminary grading. Two
sets of the site map and grading plan shall be submitted Prior to Grading
Permit and shall contain all information required under the terms of Section
7-1.06d of the City of Arroyo Grande Grading Ordinance.
To protect trees on and near the site during construction, tree preservation
zones (TPZ) shall be established by installing fencing, with stakes
embedded in the ground, no less than 48 inches in height, at the dripline
(the perimeter of the foliar canopy) of the tree, or at the critical root radius,
as defined by the consulting arborist. This installation will be done prior to
any grading or construction activities. In addition, herbaceous and shrubby
Creekside FEIR Mitigation Monitoring Program - 8 -
vegetation shall be fenced and protective wood barriers shall be provided
where these are to be retained.
• Storage of construction materials, debris, or excess soil and parking of
vehicles or construction equipment shall be prohibited within the dripline of
existing trees (the TPZ). Any solvents or liquids shall be properly stored,
disposed, and recycled to prevent accidental release.
• Soil compaction on the construction site shall be minimized, particularly
within the riparian corridor and under the dripline of trees. Soil surtace shall
be protected with a deep layer of mulch (tree chips) to reduce compaction,
retain moisture, and stabilize soil temperature.
• The natural grade around trees that are not removed shall be maintained.
No additional fill or excavation shall be permitted within areas of tree root
development. If tree roots are unearthed during the construction process,
the consulting arborist shall be notified immediately. Exposed roots shall be
covered with moistened burlap until a determination is made by the on-site
arborist.
• Any areas of proposed trenching shall be evaluated with the consulting
arborist and the contractor prior to construction. All trenching on this site
shall be approved by the on-site arborist. Trenching within a tree dripline
shall be performed by hand. Tree roots encountered shall be avoided or
properly pruned under the guidance of the consulting arborist.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: Arborist; City of Arroyo Grande - CDD, Parks, Recreation &
Facilities Dept.
Timing: During construction
Impact: The project could substantially degrade the riparian corridor associated with
Tally Ho Creek indirectly through introduction of exotic/invasive non-native plant species,
introduction of foreign materials (petroleum products, refuse, etc.), erosion, slope
slippage, and directly through disruption of a sensitive habitat. This is a potentially
significant impact that can be mitigated to a less-than-significant level with
implementation of the following mitigation measure(s).
MM 4.3.6: To reduce erosion hazards due to wnstruction 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 as required in
Mitigation Measures within the Geology and Soils section of the FEIR.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
Creekside FEIR Mitigation Monitoring Program - 9 -
MM 4.3.7: The applicant shall submit a Notice of Intent to the Regional Water Quality
Control Board (RWQCB) to obtain a State Water Resources Control Board General
Construction Storm Water Permit. This shall include preparation and approval of a Storm
Water Pollution Prevention Plan (SWPPP) and implementation of Best Management
Practices to reduce water quality impacts as required by the Regional Water Quality
Control Board (RWQCB).
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
MM 4.3.8: Work shall be completed during the dry season (April 15 to October 15) to
reduce active construction erosion to the extent feasible. If construction must extend into
the wet weather season, a qualified geohydrologist or geotechnical engineer, and
restoration biologist shall prepare a drainage and erosion control plan that addresses
construction measures to prevent sedimentation and erosion of Tally Ho Creek.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit and during construction
MM 4.3.9: No fueling or maintenance of equipment shall take place at the site.
Mechanical equipment shall be serviced in designated staging areas located outside of
the creek riparian area. Water from equipment washing or concrete wash down shall be
prevented from entering the creek.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: During construction
MM 4.3.10: All removed and excess material shall be disposed of off-site and away from
the flood plain, outside areas subject to U.S. Army Corps jurisdiction.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: During construction
MM 4.3.11: Erosion control and bank stabilization measures shall be implemented to
ensure that the banks used for access do not erode. In addition, when possible,
alternative bank protection methods, such as restoration of native vegetation, root wads,
or other bioengineering methods of stabilization, shall be used. 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 or if necessary, with prior
Creekside FEIR Mitigation Monitoring Program - 10 -
City and DFG approval, only to the extent necessary to complete construction activities.
Construction mats, wood planking, and other devices shall be used whenever possible to
reduce impacts associated with soil compaction.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: During construction
MM 4.3.12: All temporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours and
topography as approved by a qualified geohydrologist and restoration biologist.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of a Certificate of Occupancy
MM 4.3.13: No construction debris or materials shall be allowed to enter the creek bed,
either directly or indirectly. Stockpiles shall be kept outside of the creek setback area and
protected to prevent material from entering the creek bed.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: During construction
Impact: The project has the potential to result in significant direct impacts to the
southwestern pond turtle in the project footprint (and associated riparian corridor)
including through harassment, injury, or mortality from construction equipment,
construction debris, and worker foot traffic and from temporary loss of habitat, temporary
dispersal disruption, and consumption by predators attracted to the activities. In addition,
the project may result in significant indirect impacts to pond-turtle habitat including
disturbance of upland slopes during construction and the resulting siltation,
sedimentation, pollution, exposure, and reduction of cover. This is a potentially
significant impact that can be mitigated to a less-than-significant level with
implementation of the following mitigation measure(s).
MM 4.3.14: A qualified biologist, preferably with a Memorandum of Understanding
(MOU) with California Department of Fish and Game (CDFG), shall perform pre-
construction surveys for southwestern pond turtles. If southwestern pond turtles are
observed within the Area of Potential Effect (APE), they shall be relocated (only by a
biologist with an MOU) to appropriate habitat elsewhere along Tally Ho Creek. If the
surveying biologist does not have an MOU, CDFG shall be contacted regarding
southwestern pond turtle presence, to determine an appropriate course of action.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; CDFG
Creekside FEIR Mitigation Monitoring Program - 11 -
Timing: Prior to issuance of Grading Permit
MM 4.3.15: An on-site biological monitor shall assess the Area of Potential Impact (API)
daily for southwestern pond turtle presence, and relocate any observed individuals to
appropriate associated habitat (only if the monitor has a MOU). If the surveying biologist
does not have an MOU, CDFG shall be contacted regarding southwestern pond turtle
presence, to determine an appropriate course of action.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD; CDFG
Timing: During construction
Impact: The project would potentially result in a significant adverse impact to nesting
raptors due to increased physiological stress, increased brood mortality, and potential
nest abandonment. These impacts may occur due to reduced habitat suitability or quality
(physical or biological changes in the area), increased frequency of disturbance (i.e.,
noise, dust, vibration, etc.), and increased accidental death (direct mortality). The
available nesting raptor habitat at and near the project site that may be impacted by the
project includes all trees within 300 feet of project boundaries, including the adjacent
areas surrounding Tally Ho Creek. This is a potentially significant impact that can be
mitigated to ales-than-significant level with implementation of the following mitigation
measure(s).
MM 4.3.16: Pre-construction surveys for nesting raptors shall be performed by a
qualified biologist. If raptor nests are located during pre-construction surveys, a 300-foot
buffer shall be established around each nest for the duration of the breeding season
(ending August 1S`), or until such time as the young are fully fledged as determined by a
qualified biologist in coordination with CDFG. Every effort shall be made to avoid
removal of, or impact to, known raptor nests within project boundaries. If trees known to
support raptor nests (in past years) cannot be avoided, limbing or removal of these trees
may only occur during the non-breeding season (March 15 -August 1).
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD; CDFG
Timing: Prior to issuance of Grading Permit
Impact: The project may result in significant impacts to adult and sub-adult California
Red Legged Frogs (CRLFs) including harassment, injury, or mortality from construction
activities including placement of debris, worker foot traffic, restoration activities,
temporary loss of habitat, temporary dispersal disruption, consumption by predators
attracted to the activities, and siltation and pollution of the habitat. This is a potentially
significant impact that can be mitigated to ales-than-significant level with
implementation of the following mitigation measure(s).
MM 4.3.17: All work within the sensitive habitats shall be confined to awork-window of
May 1 to November 1 to minimize the impact on wildlife species.
Creekside FEIR Mitigation Monitoring Program - 12 -
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD; CDFG
Timing: During Construction
MM 4.3.18: A biological monitor shall be on site during initial construction activities
(grading, vegetation removal) to monitor for special-status wildlife.
Mitigation Level: Less-than-significant
Responsible Pansy: Developer, Consulting Biologist
Monitoring Agency: City of Arroyo Grande -CDD; CDFG
Timing: During Construction
MM 4.3.19: A biological monitor shall conduct protocol-level surveys for CRLF within the
riparian corridor associated with the project site to establish site utilization by this
species.
Mitigation Level: Less-than-significant
Responsible Party: Developer, Consulting Biologist
Monitoring Agency: City of Arroyo Grande -CDD; CDFG
Timing: Prior to issuance of Grading Permit
MM 4.3.20: Consultation with U.S. Fish and Wildlife Service (USFWS) is required. This
will involve a minimum 135-day review during which time USFWS will prepare a
Biological Opinion and Take Permit.
Mitigation Level: Less-than-significant
Responsible Party: Developer; USFWS
Monitoring Agency: City of Arroyo Grande -CDD; USFWS
Timing: Prior to issuance of Grading Permit
MM 4.3.21: A permitted biologist (USFWS permit) shall relocate any and all individuals
located within project boundaries to suitable habitat without the risk of take (relocation of
CRLF also has the potential to take individual frogs, but this will be addressed in the
Service's Biological Opinion). Relocation of CRLF, if present, would occur prior to, and
for the duration of, construction.
Mitigation Level: Less-than-significant
Responsible Party: Developer, Consulting Biologist
Monitoring Agency: City of Arroyo Grande -CDD; USFWS
Timing: Prior to issuance of Grading Permit and during construction
MM 4.3.22: An employee education program shall be conducted to familiarize workers
with the biology and identification of special-status wildlife species that may potentially be
encountered during construction. This education program will also discuss access to and
from the site, impact minimization, required avoidance and conditions of construction
measures, and communication with appropriate agencies (CDFG and USFWS). One
Creekside FEIR Mitigation Monitoring Program - 13 -
person will be appointed the point of contact for these agencies, and will be responsible
for appropriate communication in the unlikely event that special status species are
encountered during construction. Neither the appointed contact nor anyone else on the
crew shall handle special status wildlife at any time.
Mitigation Level: Less-than-significant
Responsible Party: Developer, CDFG and USFWS
Monitoring Agency: City of Arroyo Grande -CDD; CDFG; USFWS
Timing: Prior to issuance of Grading Permit
MM 4.3.23: Equipment staging areas and vehicle parking and movement shall be
restricted to designated construction zones. Flagging shall also be used to keep
equipment, vehicles, and personnel from restricted areas.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Timing: During construction
MM 4.3.24: To reduce the potential attraction of CRLF predators, all food-related trash
materials (e.g., leftovers, wrappers, and containers) shall be removed from the
construction site each day, and sites would be constantly maintained as litter-free.
Project personnel shall be instructed not to bring pets on-site, which may also prey upon
CRLF.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Timing: During construction
MM 4.3.25: Strict adherence to erosion control measures, and control of project run-off,
is critical to maintaining CRLF habitat. Riparian mitigation, geology and soils mitigation,
hydrology mitigation, and steelhead mitigation shall be implemented.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Timing: During construction
MM 4.3.26: After completion of construction activities, the Restoration Plan shall be
prepared and implemented. At a minimum, this plan shall include post-construction
restoration of the site to pre-construction topography and contours, including: re-
contouring to provide for appropriate drainage and soil stability conditions, non-
native/invasive exotics control, re-establishment and planting of native riparian species,
success criteria, and conditions in the event that post-construction restoration does not
attain the goals of the plan.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Creekside FEIR Mitigation Monitoring Program - 14 -
Timing: Prior to a Certificate of Occupancy
Impact: The project could result in significant impacts to Steelhead and their habitat due
to direct and indirect impacts to Tally Ho Creek. The project may also result in indirect
impacts to Arroyo Grande Creek due to construction and post-construction downstream
erosion, discharge of sediment, and discharge of other pollutants that could affect
downstream habitat. This is a potentially significant impact that can be mitigated to a
less-than-significant level with implementation of the following mitigation measure(s).
MM 4.3.27: The developer shall enter into formal consultation with the National Marine
Fisheries Service (NMFS) regarding potential impacts to steelhead.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD
Timing: Prior to issuance of Grading Permit
MM 4.3.28: No removal of riparian or upland trees that provide shade to Tally Ho Creek
shall occur. Management shall include planting of native riparian species (i.e., willow,
big-leaf maple, cottonwood, etc.) along the creek to provide shade and therefore aid in
cooling of the creek. The on-site riparian habitat shall be enhanced to result in a net
benefit to Tally Ho Creek.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Timing: During construction
MM 4.3.29: To reduce the peak runoff volumes (flashiness) of storm events from the site
to the adjacent creeks, the developer shall submit a drainage plan prepared by a qualified
hydrologist or civil engineer that demonstrates that the project post-construction run-off
rate would not exceed pre-construction run-off rate in a 10- and 100-year flood event.
The following specific provisions shall be included in the drainage plan subject to review
and approval by the City Public Works Director, and a Restoration Biologist:
The drainage plan should be devised such that the bench immediately
surrounding the project site shall capture and retain roof and patio runoff
from the site and prevent uncontrolled surface runoff toward the creek. If a
gutter system is inappropriate for restoration, a paved ditch shall be
constructed around the foundation facing the creek to collect all runoff and
feed it into a storm drain system.
Any increase in impermeable surfaces on the property that would lead to
increased surface runoff toward the creek shall be prevented. If the amount
of impermeable surfaces is increased, the surfaces shall be paved with
porous pavement blocks and the drainage plan shall provide for capture of
increased runoff and percolation on the bench without additional overland
movement of water toward the creek.
Creekside FEIR Mitigation Monitoring Program - 15 -
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
MM 4.3.30: The developer shall record an open space agreement and twenty-five foot
(25') creek easement on the property measured from top of bank. No development shall
occur within 25' creek setback area. A trail easement is further required within the
setback area.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.
Timing: Prior to Grading Permit
MM 4.3.31: The developer shall plant shrubs, such as native blackberry, adjacent to any
trails and/or footpaths to the creek to discourage use of a shortcut path, and revegetate
any existing short paths. If feasible, a footpath to the creek shall be established, if
approved by the Ca. Department of Fish and Game (CDFG).
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, Public Works Dept.; CDFG
Timing: Prior to a Certificate of Occupancy
4.4 Cultural Resources
Impacts related to the original project included removal of the primary house and
warehouse, which were found to be significant and unavoidable even with
implementation of required mitigation measures. Because all structures are proposed to
remain with the revised project, there are no significant unavoidable impacts to these
resources. However, mitigation is required to ensure the long-term preservation of
existing structures that are eligible for listing in the California Register as historic
resources.
Impact: Transfer, lease, or sale of property without adequate and legally enforceable
restrictions or conditions to ensure long-term preservation of the property's historic
significance. This is a potentially significant impact that can be mitigated to a less-than-
significant level with implementation of the following mitigation measure(s).
MM 4.4.1 The owner of the property containing the former Loomis residences and grain
warehouse shall submit an application to the City's Historic Resources Committee (HRC)
to determine if the properties should be registered in the California Register of Historic
Places through the State Office of Historic Preservation (OHP) prior to issuance of a
discretionary use permit to modify any of the buildings.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Creekside FEIR Mitigation Monitoring Program - 16 -
Monitoring Agency: City of Arroyo Grande - CDD, Building Dept.
Timing: Prior to issuance of Conditional Use Permit
Impact: Alteration of an historical resource, including restoration, rehabilitation, repair,
maintenance, stabilization, hazardous material remediation, and provision of
handicapped access that is potentially not consistent with the Secretary's Rehabilitation
Standards and Guidelines (36 CFR part 68) or technical advisories. This is a potentially
significant impact that can be mitigated to aless-than-significant level with
implementation of the following mitigation measure(s).
MM 4.4.2: Alterations to the main house shall comply with the Secretary's Rehabilitation
Standards and Guidelines (36 CFR part 68).
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building Dept.
Timing: Prior to issuance of Building Permit
MM 4.4.3: The segment of the rail bed on the project site shall be left intact and its
alignment identified. If it is not possible to preserve the rail bed, then documentary
drawings consistent with accepted industry practice shall be made of this historic feature
to provide an archival record of its existence prior to disturbance or removal. Such
documentary drawings shall be appropriately labeled and placed in the collection of the
regional information center at the University of California, Santa Barbara. The
documentary drawings shall be accepted by the Community Development Director prior
to submittal to the repository and issuance of any final occupancy for the project. A high-
quality, laser or equivalent copy, shall be provided to the Community Development
Director for retention in the project file.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building Dept.
Timing: Prior to issuance of a Certificate of Occupancy
Impact: Although no prehistoric resources have been found on the project site, the
potential for such resources exists. The project has the potential to disturb such
resources and result in their loss. This is a potentially significant impact that can be
mitigated to aless-than-significant level with the following mitigation measure(s).
MM 4.4.4: The following note shall be placed on the grading plans for the project:
"In the event that during grading, construction or development of the project,
and archeological resources are uncovered, all work shall be halted until the
City has reviewed the resources for their significance. If human remains
(burials) are encountered, the County Coroner (781-4513) shall be contacted
immediately. The applicant maybe required to provide archaeological studies
and/or mitigation measures. "
Mitigation Level: Less-than-significant
Creekside FEIR Mitigation Monftoring Program - 17 -
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
MM 4.4.5: A qualified archaeologist shall be retained to monitor all earth movement
(grading) activity. For the purposes of this project, a qualified archaeologist shall meet
the qualifications and be registered on the Register of Professional Archaeologists.
In the event that prehistoric cultural materials, or historic cultural materials are
encountered, work in the immediate vicinity of the finds shall be suspended and the
archaeologist allowed to quickly record, collect and analyze any significant resources
encountered. Following the field analysis work, the qualified archaeologist shall prepare
a final monitoring/mitigation report that includes a description of the methods used,
materials recovered, and the results of historic or prehistoric analysis of those materials.
The final archaeological monitoring/mitigation report prepared by the qualified
archaeologist shall be accepted by the Community Development Director prior to
submittal to the repository and issuance of any final occupancy for the project. A high-
quality, laser or equivalent copy, shall be provided to the Community Development
Director for retention in the project file.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD
Timing: During construction
Impact: Introduction of visual, atmospheric or audible elements that diminish the
integrity of an historical resource's significant historic features.
MM 4.4.6: The Community Development Director shall ensure the project is reviewed
through design development and construction documents phases for conformance with
the "Design Guidelines and Standards for Historic Districts" (the "Guidelines"). The
project site is located in an area of transition from formal commercial to single and
multiple family residential areas adjoining an agrarian character, farm-support
commercial complex at the northeast edge of the Village Mixed Use district. The project
design shall emphasize these transitional and agrarian features, which are reflected in
the "existing design elements". These features include barn-like building envelopes with
gable roofs and horizontal or vertical cladding.
As part of their established responsibilities, the Architectural Review Committee (ARC)
shall conduct their own, parallel review for consistency with the Guidelines. No building
permit for the project shall be issued for the project until the final design has been
reviewed and found to be consistent with the Guidelines in accordance with the process
described above.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD
Timing: Prior to issuance of a Building Permit
Creekside FEIR Mitigation Monitoring Program - 18 -
4.5 Geologv and Soils
The project as revised requires less cut and fill compared to the original project: 590
cubic yards (cy) of cut and 2,870 cy of fill for the revised project vs. 1,264 cy of cut and
2,953 cy of fill as originally proposed. Although there is less site disturbance (limited
demolition proposed and less grading), the clearing and grading necessary to develop
the site as proposed has the potential to cause erosion and sedimentation in local
drainages and is therefore subject to mitigation. The site is also located in a seismically
active region that necessitates mitigation.
Impact: The project site will be subject to severe ground shaking in a strong seismic
event, which could cause damage to structures and endanger public safety. This is a
potentially significant impact that can be mitigated to aless-than-significant level with
implementation of the following mitigation measure(s).
MM 4.5.1: Aproject-specific geotechnical report shall be prepared by a registered
geotechnical engineer as required by the City's Grading Ordinance, and the
recommendations of that report shall be incorporated in the design and construction of
the proposed project. Final improvement plans submitted to the City shall be
accompanied by a letter of certification from the geotechnical engineer that the plans are
in conformance with the geotechnical report, and the certification shall confirm that the
plans include the following:
• The project shall be designed to withstand ground shaking associated with
a large magnitude earthquake on nearby active faults.
• All proposed structures shall be designed to conform to the most recent
Uniform Building Code (UBC) Zone 4 guidelines.
• The project shall comply with the requirements of the City's Grading
Ordinance.
• Site-specific specifications regarding clearing, site grading and preparation,
footings, foundations, slabs-on-grade, site drainage, and pavements or turf
block shall be delineated.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
Impact: The project would potentially result in soil instability impacts (including
landslides) that could damage structures and endanger public safety. This is a potentially
significant impact that can be mitigated to aless-than-significant level with
implementation of the following mitigation measure(s).
MM 4.5.2: The geotechnical report shall include the following considerations, at a
minimum, to ensure that the impacts related to soil instability and landslides are reduced
to aless-than-significant level:
Utilities should be designed with as much flexibility as practical to tolerate
potential differential movement without becoming disconnected or broken.
Creekside FEIR Mitigation Monitoring Program - 19 -
• Subgrade or base material shall be replaced or covered with suitable base
material.
• Retaining wall design shall be prepared by a qualified structural engineer
based on the recommendations of a qualified geotechnical engineer and
shall comply with the requirements of the City's Grading Ordinance.
• Land with slopes greater than 25% shall not be developed, except as
indicated in the approved building and grading permits.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
Impact: The project site will be subject to soil erosion and downstream sedimentation
during construction. This is a potentially significant impact that can be mitigated to a
less-than-significant level with implementation of the following mitigation measure(s).
MM 4.5.3: Prior to Grading Permit for the project, the applicant shall prepare and submit
a grading and erosion control plan in compliance with the City's Grading Ordinance for
review and approval by the Public Works Department, and a qualified biologist and
geohydrologist. The erosion control plan shall be subject to review and approval, and
monitoring during construction, by the on-site biologist, geotechnical engineer, and City
staff and shall include the following, at a minimum:
• Install and maintain silt basins and fences or straw bales along drainage
paths during construction to contain on-site soils until bare slopes are
vegetated. Carefully stockpile graded soils away from drainages;
Restrict grading and earthwork during the rainy season (October 15 through
April 15) and stabilize all exposed soils and graded areas prior to onset of
the rainy season through mulching and reseeding. Permit grading within
this period only with installation of adequate sediment and erosion control
measures;
• Delineate and describe the practices to retain sediment on the site,
including sediment basins and traps, and a schedule for their maintenance
and upkeep;
• Delineate and describe the vegetative practices to be used, including types
of seeds and fertilizer and their application rates, the type, location and
extent of pre-existing and undisturbed vegetation types, and a schedule for
maintenance and upkeep;
• Estimate of the cost of implementing and maintaining all erosion and
sediment control measures;
• Revegetate graded slopes with appropriate native plant species (as
specified by a qualified botanist or revegetation specialist) immediately
upon completion of grading or prior to extended inactivity in any exposed
area;
• Comply with all applicable City of Arroyo Grande ordinances including
landscaping compatibility for erosion control;
Creekside FEIR Mitigation Monitoring Program - 20 -
• Only clear land that will be actively under construction within 6 to 12
months;
• Stabilize disturbed areas except where active construction is taking place.
Examples of stabilization techniques include jute netting, hydro-seeding
(using native plant composition in consultation with a qualified biologist or
re-vegetation specialist), etc. and provide permanent stabilization during
finish grade and landscape the site;
• Dispose of all construction waste in designated areas, and keep storm
water from flowing on or off these areas;
• Divert or intercept storm water before it reached Tally Ho Creek, using
temporary dikes, swales, or pipe slope drains to provide for settling of
suspended solids and prevention of contamination by construction
materials; and
• Place perimeter controls where runoff enters or leaves the site prior to
clearing, grubbing, and rough grading. Perimeter controls may include
dikes, swales, temporary storm drains, sand bags or hay bales.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD, Public Works Dept.; Consulting
biologist and geohydrologist
Timing: Prior to issuance of Grading Permit
4.6 Hazardous Materials
The project site has been used for agricultural chemical operations for decades.
Although remediation occurred in 1986, soil contamination from continued agricultural
chemical operations could have occurred, creating unsafe conditions. Because there is
no proposed demolition, mitigation measures are not necessary for public safety
associated with asbestos and lead paint contained in existing structures. However,
naturally occurring asbestos could be present in the soils, requiring precautionary
mitigation.
Impact: The project site may contain unsafe levels of hazardous materials, which may
exceed state action levels and may pose a threat to future construction workers,
residents or users at the Creekside Center project site. This is a significant impact that
can be reduced to aless-than-significant level with the following mitigation measure(s).
MM 4.6.1: Subject to approval by the San Luis Obispo County Environmental Health
Department (County Health), the developer shall conduct any necessary soil sampling,
risk assessment and remediation, and present evidence to the City of Arroyo Grande that
the risk of future exposure of people working, living or using the site is reduced to a level
that is acceptable to the relevant resource agencies (County Health, and the California
Regional Water Quality Control Board, if requested by County Health). The City shall not
issue a grading permit until they receive written verification to demonstrate that the level
of risk is acceptable to resource agencies and that the levels of hazardous materials are
safe for all proposed site activities.
Creekside FEIR Mitigation Monitoring Program - 21 -
In addition, as requested by the Air Pollution Control District (APCD), the applicant shall
adhere to the following requirements:
• Storage piles of contaminated material shall be covered at all times except
when soil is being added or removed;
• Covers on storage piles should be maintained in place at all times in areas
not actively involved in soil addition or removal;
• Contaminated soil shall be covered with at least six (6) inches of packed
uncontaminated soil or other TPH - nonpermeable barrier such as plastic
tarp
• No head space should be allowed where vapors could accumulate;
• Covered piles should be designed in such a way to eliminate erosion due to
wind or water;
• No openings in the cover are permitted;
• During soil excavation, odors should not be evident to such a degree as to
cause a public nuisance; and
• Clean soils must be segregated from contaminated soil.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.; County Health;
RWQCB; APCD
Timing: Prior to issuance of Grading Permit
MM 4.6.2: Prior to any grading activities at the site, a geologic evaluation will be
necessary to determine if naturally occurring asbestos is present. If naturally occurring
asbestos is found at the site, the developer must comply with all requirements outlined in
the Asbestos ATCM for construction, Grading, Quarrying, and Surtace Mining
Operations. These requirements may include but are not limited to 1) an Asbestos Dust
Mitigation Plan that must be approved by the APCD before construction occurs, and 2)
an Asbestos Health and Safety Program for some projects, if requested by the APCD.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.; APCD
Timing: Prior to issuance of Grading Permit
4.7 Hydrolouy and Water Quality
The project is within the City's adopted Federal Flood Insurance Rate Maps (FIRM) and
FEMA requirements for floodplain zoning. However, the project site and surrounding
lands are subject to inundation during a 100-year flood due to the insufficient capacity of
the Branch Street Culvert. Replacement of this culvert would be a costly regional capital
improvement that could not legally be imposed on the project developer solely. An
analysis should be made, however, to determine whether structures nearby the site
would be flooded due to project activities and whether improvements to the culvert would
be necessary to increase the capacity to sufficiently handle a 100-year storm upon
project development.
Creekside FEIR Mitigation Monitoring Program - 22 -
Impact: The project would expose people and structures to a potentially significant risk
of loss, injury or death involving flooding, including flooding of the Tally Ho Creek due to
project improvements in combination with insufficiency of the culvert under Branch Street
to be able to pass the 100-year flood event. This is a significant impact that can be
reduced to aless-than-significant level with the following mitigation measure(s).
MM 4.7.1: A qualified civil engineer shall prepare and submit aproject-specific
flooding/drainage study to demonstrate that the project has appropriate flood design
subject to review and approval by the City prior to approval of a grading permit for the
project. The project shall meet these standards at the time of site development, including
the following criteria within the floodplain:
• All new structures shall have finish floors elevated at least one foot over the
level of the 100-year flood or the structures must be flood-proofed to a level
at least one foot over the level of the 100-year flood;
• Structures located within the flood plain must be capable of withstanding
the hydrodynamic and hydrostatic loads (including buoyancy) caused by the
100-year flood at the site;
• The development must not cause a rise of over one foot in the level of the
100-year flood at any off-site location;
• Any new development must be located beyond the riparian setback
designated in City Codes;
• Affected structures shall be flood proofed and certified as provided for in
Ordinance No. 501; and
• Flood proofing at doorway openings should utilize floodgate barriers and
flood proof membranes should be integrated into the structural design.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
Impact: Future construction activities and post-construction uses at the site could result
in degradation of water quality in nearby surface and ground water bodies through
surface runoff, and infiltration to ground water, and may indirectly cause impacts on the
riparian values of the downstream waterbodies and sensitive species. This is a
significant impact that can be reduced to aless-than-significant level with the following
mitigation measure(s).
MM 4.7.2: The developer shall prepare a Storm Water Pollution Prevention Plan
(SWPPP) and an Erosion Control Plan (as required by MM 4.5.3) and submit them to the
City for review and approval Prior to Grading Permit. The SWPPP shall include Best
Management Practices for construction and post-construction activities to control runoff
volumes and rates, and erosion, and to prevent discharge of pollutants to Tally Ho Creek.
When pavement is removed, uncovered site soils shall be further tested for possible
contaminants. Specific Best Management Practices to be implemented shall be
developed based on site-specific analysis of the optimum pollution control methodology
and shall include, at a minimum, the requirements set forth in MM 4.5.3, measures
identified in the Biological Resources section, and the following:
Creekside FEIR Mitigation Monftoring Program - 23 -
The drainage plan shall demonstrate that existing local and downstream
hydrological conditions would not be significantly impacted with
implementation of the proposed project such that new bank erosion would
result due to project improvements.
The applicant's drainage plan shall demonstrate that after construction has
been completed and the site permanently stabilized, the post development
average annual total suspended solids (TSS) loadings from the site are
reduced by 80% compared to predevelopment loadings with pollution
control measures.
Use one or more of the following best management practices to control
urban runoff: infiltration trenches, concrete grid pavement, vegetated filter
strips, water quality inlet catch basins with sand filter, or other appropriate
practices using guidance from the RWQCB, US EPA, or other agency with
water quality regulatory authority. A good source of information on best
management practices can be found in "National Management Measures
Guidance to Control Nonpoint Source Pollution from Urban Areas: (U.S.
Environmental Protection Agency, July 2002).
The plans and specifications for the construction contract shall require that
best management practices be implemented throughout construction. The
City of Arroyo Grande shall inspect the project site during construction and
verify that the construction contractor is implementing the proper erosion
and water quality protection measures. The applicants shall implement the
following water quality control and protection measures during construction:
- Performing major vehicle maintenance, repair jobs and equipment
washing off site;
- Maintaining all vehicles and heavy equipment and inspecting
frequently for leaks;
- Designating one area of the construction site, well away from
streams or storm drain outlets, for auto and equipment parking and
routine vehicle and equipment maintenance;
- Cleaning-up spilled dry materials immediately. Do not "wash them
away" with water, or bury them;
- Using only minimal water for dust control;
- Cleaning-up liquid spills on paved or impermeable surfaces using
"dry" cleanup methods (i.e., absorbent materials, cat letter, and/or
rags);
- Cleaning-up soils on dirt areas by removing and properly disposing
of contaminated soil;
- Reporting significant spills to the appropriate spill response
agencies;
- Storing stockpiled material, wastes, containers and dumpsters under
a temporary roof or secured plastic sheeting;
- Properly storing containers of paints, chemicals, solvents and other
hazardous materials in garages or sheds with double containment
during rainy periods;
- Placing dumpsters under roofs or covering them with plastic sheeting
at the end of each work day and during rainy weather;
Creekside FEIR Mitigation Monitoring Program - 24 -
- Washing out concrete mixers only in designated washout areas
where the water will flow into setting ponds or onto stockpiles of
aggregate base or sand. Whenever possible, recycling washout by
pumping back into mixers for reuse. Never dispose of washout into
the street, storm drains, drainage ditches, or streams;
- Applying concrete, asphalt and seal coat during dry weather.
Keeping contaminants from fresh concrete and asphalt out of the
storm drains, creeks, by scheduling paving jobs during periods of dry
weather, allowing new pavement to cure before storm water flows
across it;
- Covering catch basins and manholes when applying seal coat, slurry
seal, fog seal, etc.; and
- Always parking paving equipment over drip pans or absorbent
materials, since they tend to drip continuously.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Grading Permit
4.8 Land Use and Planning
The project is consistent with the policies and standards of Land Use Element of the
2001 General Plan, the Village Mixed Use District Development Code, and Design
Guidelines for Historic Districts. There are no significant land use related impacts, and
no mitigation measures are necessary.
4.9 Noise
Existing ambient noise in the vicinity of the project site is primarily generated by traffic.
The project will generate ashort-term noise impact with construction activities. Long-
term increases in traffic and other operational noise levels are considered less-than-
significant impacts and no mitigation measures are necessary.
Impact: Existing residences in the project area would be exposed to short-term noise
impacts during construction. This is a significant impact that can be reduced to a less-
than-significant level with the following mitigation measure(s).
MM 4.9.1: Construction activities shall be restricted to the hours of 8:OOAM to 5:00 PM
Monday through Friday. There shall be no construction activities on Saturday or Sunday.
Equipment maintenance and servicing shall be confined to the same hours.
MM 4.9.2: 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.
MM 4.9.3: Equipment mobilization areas, water tanks, and equipment storage areas
shall be placed in a central location as far from existing residences as feasible.
Mitigation Level: Less-than-significant
Creekside FEIR Mitigation Monitoring Program - 25 -
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD, Public Works Dept.
Timing: During construction
4.10 Public Services and Utilities
Public services and utilities serving the project vicinity include police and fire protection,
emergency response, schools and libraries, parks and recreation, utilities and solid waste
disposal. Impacts to these services resulting from the project are less than significant
and no mitigation measures are necessary.
4.11 Water and Wastewater
Wastewater disposal is not considered a significant impact and existing facilities can
handle the increased project demand. Cumulative water supply impacts are considered
significant but mitigable with implementation of mitigation measures.
Impact: Development of the proposed project would require water for both domestic use
and landscape irrigation. Water consumption by this project would further reduce the
City's remaining supply of available water. This impact will be minimized by mitigation
measures, including using water-conserving designs, fixtures and landscaping. The
following mitigation shall be required to reduce impacts to aless-than-significant level.
MM 4.11.1: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City Water
Conservation Plans.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 4.11.2: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building Dept.
Timing: Prior to issuance of a Certificate of Occupancy
MM 4.11.3: The final landscape plan shall show low-water use/drought resistant species
and drip irrigation systems rather than spray irrigation systems.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Parks, Recreation and Facilities Dept.
Timing: Prior to issuance of Building Permit
Creekside FEIR Mitigation Monitoring Program - 26 -
MM 4.11.4: The project plans shall include methods for collecting surface run-off from
the site for use on landscaped areas to reduce water use and minimize run-off to the
extent feasible.
Mitigation Level: Less-than-significant
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Building Permit
Creekside FEIR Mitigation Monitoring Program - 27 -
EXHIBIT E
STATEMENT OF OVERRIDING CONSIDERATIONS
CREEKSIDE CENTER
Section 15093 of the CEQA Guidelines establishes the following requirements for a
Statement of Overriding Considerations:
(a) CEQA requires the decision-making agency to balance, as applicable, the
economic, legal, social, technological or other benefits of a Proposed
Project against its unavoidable environmental risks when determining
whether to approve the project. If the specific economic, legal, social,
technological or other benefits of a Proposed Project outweigh the
unavoidable adverse environmental effects, the adverse environmental
effects may be considered "acceptable".
(b) Where the decision of the public agency allows the occurrence of significant
effects, which are identified in the Final EIR but are not avoided or
substantially lessened, the agency shall state in writing the specific reasons
to support its action based on the Final EIR and/or other information in the
record. This statement may be necessary if the agency also makes a
finding under Section 15091(a)(2) or (a)(3).
(c) If an agency makes a statement of overriding considerations, the statement
should be included in the record of the project approval and should be
mentioned in the notice of determination.
The Final Program EIR for the 2001 General Plan Update and the Final EIR for the
Creekside Center project identified several mitigation measures for impacts related to
cumulative water supply. Some require implementation on a regional basis. If these
regional measures are established and enforced, water resources might be mitigated to a
less than significant level. Until these regional measures are implemented, approval of
any discretionary development project may involve unavoidable significant impacts.
Therefore, CEQA findings and a statement of overriding consideration are needed to
explain why the City considers this potentially significant impact as unavoidable but
acceptable.
The City Council has weighed the benefits of the proposed project against its unavoidable
potentially significant impact on cumulative water supply. Based on consideration of the
record as a whole, the City Council finds that the following benefits of the project outweigh
the unavoidable and potentially significant environmental impact and make adoption
acceptable:
1) Current estimates of regional water resources available during drought
periods may be more or less than the City's currently available municipal
water supply sources as documented in the City of Arroyo Grande Water
Master Plan and Urban Water Management Plan. This is because these
water resources are also utilized by the Cities of Grover beach and Pismo
Beach, the Oceano and Nipomo Community Services Districts, the County
of San Luis Obispo and hundreds of individual private agricultural and Rural
and Suburban Residential wells. These other jurisdictions and users are
not under the control of the City of Arroyo Grande. Continued agricultural
irrigation and projected unincorporated area growth and development,
particularly the responsibility of the County of San Luis Obispo to manage,
make it infeasible for the City of Arroyo Grande to mitigate water resource
impacts to potentially less than significant. However, the 2001 General
Plan contains principles, objectives and policies related to the conservation
of water resources and reduced consumption within the City which better
manage and limit land use and urban development to that which can likely
be sustained by available water resources. The mitigation measures
contained in the Final EIR for the Creekside Center project adhere to these
water conservation policies.
2) The project enables implementation of General Plan policies related to
economic development (business retention and expansion, and promotion
of additional base level of jobs), Mixed Use development, creekway access
and enhancement, historic preservation, and development of affordable
housing.
3) The project retains and protects historic resources within the City's historic
Village District and allows adaptive reuse of the Loomis residences, which
will enhance tourism and add revenue to the City.
4) The project eliminates an antiquated small lot subdivision. If developed,
these existing small lots would create disjointed development, which is
undesirable to the City.
5) The project improves vehicular circulation and safety by providing an all-way
stop at the corner of Crown Terrace and Le Point Street, and a left turn
pocket into the project site on Crown Hill.
6) The project improves pedestrian circulation and safety, especially for
children attending Paulding Middle School, by providing a sidewalk along
Crown Terrace and an internal pedestrian path connecting Le Point Street
to East Branch Street.
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4037 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 25~"
day of September 2007.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27`" day of
September 2007.
KELLY GVETMJORE, CITY CLERK