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R 4771 RESOLUTION NO. 4771 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND RELATED CEQA FINDINGS; AND APPROVING THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT: GENERAL PLAN AMENDMENT 15-001; SPECIFIC PLAN 15-001; VESTING TENTATIVE TRACT MAP 15-001; CONDITIONAL USE PERMIT 15-004; AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF DETERMINATION: LOCATION — EAST CHERRY AVENUE AND TRAFFIC WAY; APPLICANTS — MANGANO HOMES, INC. AND ARROYO GRANDE VALLEY JAPANESE WELFARE ASSOCIATION WHEREAS, the project site includes the area identified that encompasses, the East Cherry Avenue Specific Plan, consistent with the boundaries set forth in the City's General Plan; and WHEREAS, the City Council authorized the initiation of a Specific Plan for the project area on July 8, 2014; and WHEREAS, the City's General Plan calls for a Specific Plan to guide development within the project area that defines land uses, creates an integrated circulation system, coordinates infrastructure, and provides development standards; and WHEREAS, the Specific Plan area includes three subareas, identified as Subarea 1, 2 and 3, for which there are pending separate proposed development entitlements for Subarea 2 and 3; and WHEREAS, the applicant has filed General Plan Amendment 15-001 to modify the City's General Plan Land Use Map to accommodate updated land use designations that would be envisioned under the East Cherry Avenue Specific Plan; and WHEREAS, the applicant has filed Specific Plan 15-001 to provide a regulatory framework to accommodate development under the East Cherry Avenue Specific Plan, consistent with the intent of the General Plan, and prepared pursuant to California and City law (Government Code §65450-65457 and AGMC §16.16.030); and WHEREAS, the applicant has filed Development Code Amendment 15-001, the intent of which is to replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan. It would also amend the existing Zoning Map to be consistent with that included in the Specific Plan; and WHEREAS, the applicant for Subarea 2 has filed Vesting Tentative Tract Map VTTM 15- 001 (the "Map"), to accommodate a 54-lot subdivision with a total of 51 residential lots RESOLUTION NO. 4771 PAGE 2 and supporting park and drainage infrastructure within that area. The map includes details that go well beyond those included in the Specific Plan, including information on lot locations, roadways, drainage, grading, and other information typically associated with tentative maps. The Map is intended to be consistent with the Specific Plan, and implements the Village Residential (VR) zoning standards as well as the Design Guidelines contained in the Specific Plan. The Map also includes details regarding proposed roadways and circulation improvements. Conditions of Approval for the Map are attached to this Resolution as Exhibit A; and WHEREAS, the applicant for Subarea 3 has filed Conditional Use Permit CUP 15-004, to accommodate development within that area, including limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi- public community facilities (cultural archive and community center), visitor-serving (Bed & Breakfast guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). Conditions of Approval are attached to this Resolution as Exhibit B; and WHEREAS, there has been extensive public outreach from January 2015 through August 2016 that was critical to inform the design of the Specific Plan and related development entitlements; and WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project at a duly noticed public hearing on September 20, 2016, and subsequently on October 4, 2016, at which time it recommended revisions to the proposed project, and recommended that this revised project be approved by City Council; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has reviewed the Final Environmental Impact report (Final EIR), which addresses all entitlements previously described; and WHEREAS, the City Council has previously reviewed mitigation requirements related to potentially significant policy-related Agricultural impacts within Subareas 2 and 3, and determined that such impacts are already adequately mitigated, pursuant to direction provided on July 28, 2015 (in the case of Subarea 2), and July 26, 2016 (in the case of Subarea 3); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: General Plan Amendment 15-001 Findings: RESOLUTION NO. 4771 PAGE 3 1. The proposed General Plan Amendment is consistent with the goals, objectives, policies and programs of the General Plan and will not result in any internal inconsistencies within the plan. The proposed General Plan Amendment is consistent with the goals, objectives, policies, and programs of the General Plan as it would allow housing, commercial uses and historic/cultural development within the Specific Plan area at a density and design that is compatible with the nearby residential neighborhood and other surrounding land uses. 2. The proposed amendment will not adversely affect the public health, safety and welfare; The proposed General Plan Amendment would allow development under a Specific Plan that, as conditioned, would not create issues with open space and support facilities. 3. The potential environmental impacts of the proposed amendment are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts; The proposed General Plan Amendment and related project entitlements have been reviewed in compliance with the California Environmental Quality Act(CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for implementation of CEQA and the impacts of the proposed project have been included in a Final Environmental Impact Report (EIR) dated July 2016 (State Clearinghouse Number 2015101067), such that most impacts have been reduced to an insignificant level through required mitigation measures. As identified in the Final EIR and CEQA Findings, the following adverse impacts of the proposed project are considered significant and unavoidable (not fully mitigable): A. Project-Level Impacts • Impact AQ-2: The proposed Project would result in significant long- term operation-related air quality impacts generated by area, energy, and mobile emissions. • Impact AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD's 2001 Clean Air Plan. • Impact TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1, which requires improvement to LOS D. RESOLUTION NO. 4771 PAGE 4 B. Cumulative Impacts • Air Quality and Greenhouse Gas Emissions: Long-term operation of the proposed Project would contribute cumulatively and considerably to localized air quality emissions throughout the City and region. • Transportation and Traffic: Under cumulative conditions, significant LOS impacts would continue to occur at the intersection of East Grand Avenue/West Branch Street, which cannot be readily mitigated in a known timeframe because of lack of funding and programming. A Statement of Overriding Considerations with respect to the Project's significant unavoidable impacts has been prepared, pursuant to Section 15093 of the CEQA Guidelines, which require that a decision-making agency balance the economic, legal, social, technological, or other benefits of a proposed Project against its unavoidable impacts. This is included as part of the CEQA Findings for the proposed project, as Exhibit C of this Resolution. Specific Plan 15-001 Findings: 1. The proposed Specific Plan is consistent with the goals, objectives, policies and programs of the General Plan. The proposed Specific Plan would provide a regulatory framework to accommodate development under the related Vesting Map and Conditional Use Permit for two subareas within the Specific Plan area, consistent with the intent of the General Plan, and prepared pursuant to California law (Government Code §65450-65457). 2. The proposed Specific Plan will not adversely affect the public health, safety and welfare or result in an illogical land use pattern; The proposed Specific Plan would permit housing, commercial uses and historic/cultural development within its boundaries at a density and design that is compatible with the nearby residential neighborhood and other surrounding land uses. 3. The proposed Specific Plan is necessary and desirable in order to implement the provisions of the General Plan; The proposed Specific Plan will implement the provisions of the General Plan as amended. 4. The development standards contained in the proposed Specific Plan will result in a superior development to that which would occur using standard zoning and development regulations. RESOLUTION NO. 4771 PAGE 5 The development standards contained in the proposed Specific Plan would result in superior development with coordinated roadway and utility infrastructure, as well as sufficient parking for all proposed development. 5. The potential environmental impacts of the proposed Specific Plan are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts; The proposed Specific Plan and related entitlements have been reviewed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for implementation of CEQA and the impacts of the proposed project have been included in a Final Environmental Impact Report (EIR) dated July 2016 (State Clearinghouse Number 2015101067). Details with respect to potential impacts and CEQA Findings are described under Item 3 with respect to the General Plan Amendment for all related entitlements. Vesting Tentative Tract Map VTTM 15-001 (Subarea 2) Findings: 1. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable specific plan, and the requirements of this title. The proposed Vesting Tentative Tract Map would allow the subdivision of 11.12 acres into fifty--four(54) lots consistent, including fifty-one (51) for the development of single-family detached housing that is consistent with the General Plan. 2. The site is physically suitable for the type of development proposed. The site is 11.12 acres of vacant land adjacent to existing residential development, and is physically suitable for the type of residential development proposed. 3. The site is physically suitable for the proposed density of development. The site is 11.12 acres of vacant land adjacent to existing residential development, and is physically suitable for the density of residential development proposed. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposed tract map has been reviewed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for implementation of CEQA and the impacts of the proposed project have been included in a Final RESOLUTION NO. 4771 PAGE 6 Environmental Impact Report (EIR) dated July 2016 (State Clearinghouse Number 2015101067). Details with respect to potential impacts and CEQA Findings are described under Item 3 with respect to the General Plan Amendment for all related entitlements. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision would result in a development of appropriate density, consistent with the density of adjacent residential uses, and would include all necessary infrastructure, roadways improvements, and parking. 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 the 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. There are no easements for the public-at-large currently on the subject property. Appropriate utility infrastructure easements and emergency access will be provided and recorded to ensure adequate access is maintained for emergency response purposes. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements as prescribed in Division 7 (commencing with Section 13000) of the California Water Code. The proposed development will retain the 95th percentile of water discharge on site and excess discharge will be directed to a new drainage basin on site, which is set aside as one of the proposed lots within the subdivision. No discharge of waste will result in a violation identified in Division 7 of the California Water Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. There are adequate provisions for public services to serve the project development and no deficiencies exist. Conditional Use Permit 15-004 (Subarea 3) Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. RESOLUTION NO. 4771 PAGE 7 The proposed development on the subject property is consistent with the General Plan as amended, and with the Specific Plan. It is envisioned as a private historically-oriented park, featuring several gardens, landscaping, pathways, and related buildings. The proposed Arroyo Grande Valley JWA land use plan for Subarea 3, the eastern 2.01 acres of the Specific Plan area identifies a private historically-oriented park that would highlight the Issei pioneers (first generation settlers) of Arroyo Grande. Proposed land uses would include historical residential and public assembly uses, and would provide expanded commercial use and residential density necessary for present and future economic sustainability of the property. Specifically, Subarea 3 would include limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi- public community facilities (cultural archive and community center), visitor- serving (B&B guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed land use plan for Subarea 3, the eastern 2.01 acres of the Specific Plan area, identifies a private historically-oriented parks that would highlight the Issei pioneers (first generation settlers) of Arroyo Grande. Proposed land uses would include historical residential and public assembly uses, and would provide expanded commercial use and residential density necessary for present and future economic sustainability of the property. Specifically, Subarea 3 would include limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi-public community facilities (cultural archive and community center), visitor-serving (B&B guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). This development is intended to promote and reflect the historic character of the site. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is intended to be developed with a use and density that reflects the historic character and use of the site. RESOLUTION NO. 4771 PAGE 8 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The provisions for water, sanitation, and public utilities were examined during development of the Final EIR for the project, and it was determined that adequate public services will be available for the proposed project and will not result in substantially adverse impacts. 5. The proposed use will not be detrimental to the public health, safety or welfare or materially injurious to properties and improvements in the vicinity. The proposed development includes parking and other infrastructure adequate to ensure public health and safety for those using the site. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an Initial Study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for General Plan Amendment 15-001, Specific Plan 15-001, Development Code Amendment 15-001, Vesting Tentative Tract Map 15- 001 and Conditional Use Permit 15-004. 2. Based on the Initial Study, an Environmental Impact Report (EIR) was prepared for public review. A copy of the Final EIR and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City Councils find that said Final EIR reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves General Plan Amendment 15-001, Specific Plan 15-001, Vesting Tentative Tract Map 15-001 and Conditional Use Permit 15-004, as presented to the City Council on January 10, 2017, with the above findings, which are incorporated herein by this reference, and subject to the conditions and mitigation measures set forth in Exhibits A and B, and adopts the CEQA Findings and Statement of Overriding Considerations set forth in Exhibit C and the Mitigation Monitoring and Reporting Program set forth in Exhibit D, all of which are attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution shall become effective on the effective date of Ordinance No. 681. RESOLUTION NO. 4771 PAGE 9 On motion by Council Member Barneich, seconded by Council Member Harmon, and by the following roll call vote, to wit: AYES: Council Members Harmon, Ray, Barneich, and Mayor Hill NOES: None ABSENT: Council Member Brown The foregoing Resolution was adopted this 10th day of January, 2017. RESOLUTION NO. I/7i/ PAGE 10 IJI HILL, MAYOR ATTEST: 0.- ! 1 i / PAL, KE LY E f •RE, CITY CLERK • A..PROVE'IA+ ► • ATENT: ( ' bI I IILAI` •BERT K. . c AL , IN ERIM CITY MANAGER 1 APPROVED AS TO FORM: "-...‘/.: ---- -- .. ...--Z. .-....,e: .:_— HEATHER K. WHITHAM, CITY ATTORNEY _ 1 RESOLUTION NO. 4771 PAGE"11 EXHIBIT A CONDITIONS FOR THE EAST CHERRY AVENUE SPECIFIC PLAN RELATING TO SUBAREA 1 AND CONDITIONS OF APPROVAL FOR SUBAREA 2 VESTING TENTATIVE TRACT MAP 15-001 CONDITIONS FOR THE EAST CHERRY AVENUE SPECIFIC PLAN RELATING TO SUBAREA 1 _ 1. For any proposed hotel development on Subarea 1: - a. The height shall not exceed two-stories; and b.- The number of guest rooms shall not exceed seventy (70). 2. Any restaurant constructed on Subarea 1 shall not exceed 3,000 square feet. CONDITIONS OF APPROVAL FOR SUBAREA 2 VESTING TENTATIVE TRACT MAP 15-001 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes development per the East Cherry Avenue Specific Plan (Specific Plan 15-001, General Plan Amendment 15-001, Development Code Amendment 15-001, or "Specific Plan"), which covers the following entitlements in the three subareas included in the Specific Plan area: • Subarea 2: Vesting Tentative Tract Map 15-001 (VTTM 3081). This includes up to 51 residential dwelling units and related amenities on 11.62 acres (less 0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, 'owned by Mangano Homes, Inc. • Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden and related amenities on a property owned by the Arroyo Grande Japanese Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be transferred from Subarea 2. The following conditions and mitigation measures apply to Subarea 2 only: 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. RESOLUTION NO. 4771 PAGE 1.2 3. The applicant shall comply.with all conditions of approval and applicable mitigation measures included in the E. Cherry Avenue Specific Plan Environmental Impact Report as certified. These are included as conditions 123 through.158. 4. This application shall automatically expire on January 10, 2019 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall conform to the land use and zoning requirements described within the Specific Plan as approved on,Jenuary 10, 2017. 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of January 10, 2017, on file in the Community Development Department. 7. Condition intentionally deleted. 8. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 9. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 10. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 11. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 12. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 13. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by the East Cherry Avenue Specific Plan or these conditions. RESOLUTION NO. 4771 PAGE 13 14. The developer shall comply with Development Code Chapter 16.56, "Parking and Loading Requirements". 15. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building(s). The trash enclosure area shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste/organics (when appropriate). All solid waste and recycling area enclosures that are not located inside a building shall -have roofs to prevent contaminants from washing into the storm drain system. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so thatthe garbage trucks can access the bins. 16. Final design and location of the trash enclosure(s) shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. 17. The applicant shall obtain and submit to the City written approval from South County Sanitary for all proposed trash receptacle pick up locations. 18. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the. Municipal Code, augmented by requirements included in mitigation measure NOI-1 a. Construction activities shall be restricted to the hours of 7 AM and 5PM Monday through Friday. No construction shall occur on Saturday or Sunday. 19. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 20. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, greywater reuse systems, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 21. All future residential development within Subarea 2 shall include the infrastructure to allow the installation of electric vehicle connections within residential garages. 22. All homes within Subarea 2 shall be designed to be "Solar Ready." • RESOLUTION NO. 4771 PAGE 14 23. The final Landscape Plan for Subarea 2 shall be reviewed by the Architectural Review Committee, with particular attention to placement of.trees in the park, right- of-way and common areas, and requires review and approval by the Director of Community Development and Director of Public Works. Landscaping in accordance with an approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape plan, irrigation plan and landscape documentation package shall be prepared by .a licensed. landscape' architect subject to review and approval by the Community Development and Public Works Departments prior to issuance of building permit. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and the State Department of Water Resource's Model Water Efficient Landscape Ordinance and shall include the following: 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: i. Condition intentionally deleted. ii. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. iii. An automated irrigation system using smart controller (weather based) technology. iv. A dedicated landscape meter for the commercial landscape areas greater than 1,000 square feet and for residential areas greater than 5,000 square feet. v. A landscape meter shall be installed on the existing water well, to remain, and service Subarea 3 only. vi. The selection of groundcover plant species shall include native plants. vii. Linear planters shall be provided in parking areas. viii. , Turf is not allowed in residential areasor commercial areas except in the park. 24. For projects approved with specific exterior building colors, the developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 25. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent to a fire access roadway, away from the public right-of-way, incorporated into the design of the site, and screened to the maximum extent feasible. RESOLUTION NO. 4771 PAGE 15 26. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. 27. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 28. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. SUBDIVISION CONDITIONS 29. The developer shall comply with Development Code Chapter 16.20 "Land Divisions" or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and Development Code differ, the Specific Plan shall prevail. 30. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations." 31. The developer shall comply with Development Code Chapter 16.68 "Improvements" or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and Development Code differ, the Specific Plan shall prevail. 32. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are administered by a subdivision homeowners' association, formed by the applicant for the area within the subdivision. The CC&R's shall be reviewed and approved by the_ City,Attorney and recorded prior to or concurrently with the final map. At a minimum, the CC&R's shall: a. Provide for maintenance of the driveways, common areas, sewer lines and other facilities; b. Prohibit additions to the units; c. Require garages to be kept clear for parking cars at all times; and d. Inform residents of the water conservation requirements placed on this project. RESOLUTION NO. 4771 PAGE 16 INCLUSIONARY HOUSING 33. The developer shall comply with Development Code Chapter 16.80 "Inclusionary Affordable Housing Requirements". BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 34. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. FIRE LANES 35. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 36. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 37. Project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. 38. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. SECURITY KEY BOX 39. The applicant must provide an approved "security key vault," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 40. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 41. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. RESOLUTION NO. 4771 PAGE 17 ABANDONMENT/ NON-CONFORMING 42. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 43. The Applicant shall develop; implement and provide the City a: a. Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). 44. Prior to any Permit — Stormwater Control Plan. The Stormwater Control Plan must include, at minimum: Contents: a. Project information including project name; application number; location; parcel numbers; applicant contact information; land use information; site area; existing, new, and replaced impervious area, and applicable PCR requirements and exceptions. b. Narrative analysis or description of site features and conditions, and opportunities and constraints for stormwater control. c. Narrative description of site design characteristics that protect natural resources including endangered species habitat, protected vegetation, and archaeological resources, and preserve natural drainage features, minimize imperviousness, and disperse runoff from impervious areas. d. Tabulation of proposed pervious and impervious DMAs, showing self-treating areas, self-retaining areas, areas draining to self-retaining areas, and areas tributary to each LID facility. e. Proposed sizes, including supporting calculations, for each LID facility. f. Narrative description of each DMA and explanation of how runoff is routed from each impervious DMA to a self-retaining DMA or LID facility. g. Description of site activities and potential sources of pollutants. RESOLUTION NO. 4771 PAGE 18 • h. Table of pollutant sources identified from the list in Appendix A and for each source, the source control measure(s) used to reduce pollutants to the maximum extent practicable. i. Description of signage for bioretention facilities: j. General maintenance requirements for bioretention facilities and site design features. k. Means by which facility maintenance will be financed and implemented in perpetuity. I. Statement accepting responsibility for interim operation & maintenance of facilities. Exhibits: 1. Existing natural hydrologic features (depressions, watercourses, relatively undisturbed areas) and significant natural resources. 2. Proposed design features and surface treatments used to minimize imperviousness and reduce runoff. 3. Existing and proposed site drainage network and connections to drainage off- site. 4. Entire site divided into separate Drainage Management Areas (DMAs). Each DMA has a unique identifier and is characterized as self-retaining (zero- discharge), self-treating, or draining to a LID facility. 5. Proposed locations and footprints of LID facilities. 6. Potential pollutant source areas, including loading docks, food service areas, refuse areas, outdoor processes and storage, vehicle cleaning, repair or maintenance, fuel dispensing, equipment washing, etc. 45. Prior to Final Approval - Operations and Maintenance Plan. The Operations and Maintenance Plan must include, at minimum: a. Stormwater Control Measures report number b. A site map identifying all Stormwater Control Measures requiring Operations and Maintenance practices to function as designed. c. Operations and Maintenance Procedures for each structural stormwater control measure including, but not limited to, Low Impact Design facilities, retention and detention basins, and manufactured or propriety devices operations and maintenance. d. Short-and long-term maintenance requirements, recommended frequency of maintenance, and estimated cost for maintenance. 46. Prior to Occupancy - Maintenance Agreement. The. Applicant shall provide a signed statement accepting responsibility for the Operations and Maintenance of the installed Storm Water Control Measures. The Applicant shall include written conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally enforceable mechanism that require the assumed responsibility for the Operations and - Maintenance of Stormwater Control Facilities. Additionally, the signed statement shall include the following information: RESOLUTION NO. 4771 PAGE 19 a. Stormwater Control Measures Report Number • b. The location and address of Storm Water Control Facilities c. Completion dates of the following milestones d. Construction e. Field verification of Stormwater Control Facilities f. Final Project approval/occupancy g. Party responsible for O&M. h. Source of funding for O&M i. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced j. Statement describing any vector or nuisance problems. 47. Annual - Maintenance Notification. The Owner/Applicant shall submit annually no later than June 30 a signed statement notifying the City of all maintenance of the installed Storm Water Control Measures. In addition, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. GENERAL CONDITIONS 48. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works, the Community Development Director or his/her representative. 49. Perform construction activities related to inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.). The developer or contractor shall refrain from performing any work subject to inspection other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. 50. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. RESOLUTION NO. 4771 PAGE 20 51. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 52. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of paper prints and an electronic version on CD in both AutoCAD and PDF format shall be required. 53. Submit three (3) full-size paper copies and one PDF file of approved improvement plans for inspection purposes during construction. 54. Record Drawings ("as-built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 55. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie-out survey monuments or vertical control bench marks within 24 inches of work. Should any existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench markbe disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the project acceptance or sign off of the Encroachment Permit. 56. Provide new vertical control survey bench mark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 57. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California in compliance with Engineering Standard 1010 and approved by the Public Works or Community Development Department: a. Grading b. Retaining Walls c. Roadway Improvements d. Cross Sections e. Storm Drainage f. Utilities -Water and Sewer Plan and Profile g. Utilities — Composite Utility h. Signing and Striping i. Erosion Control j. Landscape and Irrigation Plans for Public Right-of-Way RESOLUTION NO. 4771 PAGE 21 k. Details I. Other improvements as required by the Community Development Director. m. (NOTE: All plan sheets must include City standard title blocks) n. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 58. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 59. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 60. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 61. Per Section 66411.1 of the Subdivision Map Act, a notice shall be placed on the recordable map. The statement shall indicate all required onsite and offsite improvements. 62. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. STREET IMPROVEMENTS 63. Obtain approval from the Public Works Director prior to excavating in any street recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to a slurry seal. 64. All street repairs shall be constructed to City standards. 65. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City. 66. Street (Road A) shall be constructed as a partial width street to accommodate future widening byother property owners in accordance with Section 16.68.020 of the Development Code. Subarea 2 shall construct a one half street section, plus a 12 foot wide driving lane. Subarea 1 to complete remainder improvements. 67. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 68. If intended to be public streets, Public Local Streets (Roads B and C) must be designed in compliance with Engineering Standards 7010 and shall adhere to the following design standards: a. 40 feet street width from curb to curb. RESOLUTION NO. 4771 PAGE 22 b. 6 feet wide concrete sidewalks with concrete .curb and gutter on both sides of the street. c. 52 feet wide right-of-way. d. 25 mile per hour design speed. e. TI = 6.5 69. Frontage improvements on East Cherry Avenue shall include widening as depicted in Section E-E on sheet 4 of the tentative map plan set and shall include two (2) 5- foot wide bike lanes. Road widening transitions must be completed to the satisfaction of the City Engineer. CURB, GUTTER, AND SIDEWALK 70. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 71. Color any such new facilities as directed by the Community Development Director. 72. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 73. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 74. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director 75. Should detached sidewalks for Road B, Road C, and East Cherry Avenue be constructed they shall include bioretention facilities in compliance with Engineering Standards Appendix K detail 100, 101 or similar. Biofiltration areas must be maintained by the HOA and planted with drought tolerant vegetation and street trees, as appropriate. DEDICATIONS AND EASEMENTS 76. The property owner shall offer for dedication to the public the right-of-way for the following streets: • Road A • Road B • Road C • East Cherry Avenue South of the northerly leg of proposed Road B, the right of way for Road A shall be located to avoid potentially affecting existing improvements in the adjacent mobile home park. The area within the Road A ROW south of the southerly leg of Road B RESOLUTION NO. 4771 PAGE 23 shall not be landscaped, but left as unimproved decomposed granite surface to facilitate maintenance access and the possible future southerly extension of this roadway, if that extension becomes consistent with the City's Circulation Element Map. All future residents in Subarea 2 shall be provided a disclosure that Road A may ultimately be extended to the south. 77. A private/public water main, sewer and/or drainage easement shall be reserved on the map between 49 and 50, and within Lot 48. 78. For any intended private road or alley, a Public Utility Easement (PUE), Public Access and Emergency Access Easements shall be dedicated over entire right-of- way of that road or alley. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 79. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to street right-of-way adjacent to East Cherry Avenue and Road A. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 80. Street tree planting and maintenance easements shall be dedicated adjacent to all street right-of-ways on East Cherry Avenue and Road A. 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. 81. Vehicular access shall be denied to East Cherry Avenue from lots 1-9, excluding • Road A and Road C. The access denial shall be offered by the property owner and recorded on the map or other document as is acceptable to the City. 82. PUE 15 feet wide on lot 48 shall be dedicated to the public. Easement shall be fenced off from remainder of lot 48 and shall have a compacted DG surface. 83. Alley A and Road C shall include a 20' PUE to allow Public and Emergency Access. 84. 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. 85. 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. 86. The subdivider 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. RESOLUTION NO. 4771 PAGE 24 GRADING AND DRAINAGE 87. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 88. All grading shall be performed in accordance with the City Standard Specifications and Engineering Standards and City Grading Ordinance. 89. All drainage facilities shall be designed to accommodate a 100-year storm flow. 90. Submit a soils report for the project shall be 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. 91. The applicant shall dedicate a pedestrian access easement(s) for any ADA sidewalk extension. 92. Infiltration basins shall be designed based on soil tests. Infiltration test shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional • borings or tests may be required if the analysis or soil conditions are inconclusive. 93. The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be approved by the City Engineer. Any portions of the site subject to flooding from a 100-year storm shall be shown on the tentative map or other recorded document, and shall be noted as a building restriction. 94. All drainage facilities within Lot 28 and along the southern tract map boundary shall be maintained by the HOA. A drainage facility maintenance plan shall be submitted and approved prior to tract map approval. 95. The applicant shall provide on-site storm water retardation facilities designed and constructed to Public Works and Community Development requirements, and the following: a. The 100-year basin outflow shall not exceed the pre-development flow. b. The 100-year basin outflow shall be limited to a level which does not cause the capacity of existing downstream drainage facilities to be exceeded. c. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. d. The basin shall be maintained by a homeowner's association. The City shall approve the related language in the association CC&R's prior to recordation. e. The maintenance district shall be recorded concurrently with the map. RESOLUTION NO. 4771 PAGE 25 WATER 96. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 97. The applicant shall extend the public water main to adequately serve the project across the property frontage. 98. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 99. Each parcel shall have separate water meters. 100. Residences shall include infrastructure to allow for a dual use water system, with separate connections for potable and non-potable water, the latter shall be used on landscaping. 101. On-site well water shall be used for construction purposes. The City of Arroyo Grande does not allow the use of hydrant meters. 102. 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. 103. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. SEWER 104. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8". 105. All sewer laterals within the public right-of-way must have a minimum slope of 2%. 106. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 107. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". 108. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. 109. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to permit issuance. RESOLUTION NO. 4771 PAGE 26 110. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. 111. The applicant must obtain a will-serve letter from the South San Luis Obispo County Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite wastewater collection system to serve the project. PUBLIC UTILITIES 112. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. The existing above ground utilities that traverse Subarea 2 and 3 must be placed underground prior to the recordation of the Tract Map for Subarea 2. 113. Prior to approving any building permit within the project for occupancy, all conditions of approval for project must be satisfied. 114. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the City Engineer for approval. 115. On streets 40' or less in width, street lights shall be placed at least 200' — 250' apart, or potentially less frequently to minimize impacts on the existing dark night sky views, if it can be found that sufficient public safety is maintained. On streets greater than 40' in width, a street lighting plan shall be designed and submitted to the Community Development Director for approval. Consideration shall be given to minimizing impacts to views of the existing dark night sky, consistent with Mitigation Measure VIS-4a as included in these conditions and the East Cherry Avenue Specific Plan. . 116. Applicant shall fund outsourced plan and map check services, as required. TREE PRESERVATION/TREE REMOVAL PLAN 117. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 118. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. RESOLUTION NO. 4771 PAGE 27 119. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted or fees paid. 120. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shallbe located at a minimum of eight (8') foot radius from the trunk of the tree. 121. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Public Works Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree 122. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture Pruning Standards PUBLIC SAFETY 123. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 124. Prior to issuance of a. certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. FEES AND BONDS 125. The applicant shall pay all applicable City fees, including the following: FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Map check fee for Tract Map. b. Map check fee for Parcel Map. c. Plan check for grading plans. (Based on an approved earthwork estimate) RESOLUTION NO. 4771 PAGE 28 d. Plan check for improvement plans. (Based on an approved construction cost estimate) e. Permit Fee for grading plans. (Based on an approved earthwork estimate) f. Inspection Fee of subdivision or public works construction plans. (Based on an approved construction cost estimate) g. Plan Review Fee (Based on the current Building Division fee schedule) FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.04.030. c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. d. Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with - (not correct). e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance,,in accordance with Ord. 346 C.S., Res. 1955. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.12.190. h. South San Luis Obispo County Sanitation District Connection fee in accordance with Municipal Code Section 13.12.180. i. Drainage fee, as required by the area drainage plan for the area being developed. j. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. k. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. I. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. RESOLUTION NO. 4771 PAGE 29 m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. n. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. FEES TO 'BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE FINAL MAP a. Park Development fee, the developer shall pay the current park development fee, and/or donate land in-lieu of, for each lot approved, in accordance with City Ordinance 313 C.S. b. Park Dedication, the developer shall dedicate, in accordance with City Ordinance 313 C.S:, land for park purposes. c. Park Improvement fee, the developer shall pay the current park improvement fee, for each lot approved, in accordance with City Ordinance 313 C.S. d. Congestion Mitigation and Air Quality Program fee, the developer shall pay local matching funds for a feasibility study for operational improvements to Fair Oaks Avenue. 126. Preliminary Title Report, a current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. BONDING SURETY 127. Erosion Control, prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. 128. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The minimum term for Improvement securities shall be equal to the term of the subdivision agreement. a. Faithful Performance, 100% of the approved estimated cost of all subdivision improvements. b. Labor and Materials, 50% of the approved estimated cost of all subdivision improvements. RESOLUTION NO. 4771 • PAGE 30 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. e. Tax Certificate, In accordance with Section 9-15.130 of the Development Code, 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 f. Accessory Structures, the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. g. Garages, the applicant shall construct, or bond for construction of a two-car garage and driveway for the existing house on lot h. Curb cuts, the applicant shall construct or bond for construction of individual curb cuts and paved driveways for parcels. EIR MITIGATION MEASURES 129. MM VIS-la. The Architectural Review Committee shall review Project design and consider impacts to the scenic resources available on or adjacent to the Project site, with particular consideration to the Santa Lucia Mountains. This includes the review of building siting, height, massing, design, and setbacks. The Architectural Review Committee shall determine whether structures obstruct important views of scenic resources, and/or propose design alterations to reduce impacts to important views of scenic resources. 130. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall _ consider the minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate streetlights and security lighting for public safety. 131. MM AQ-1 a. The following standard air quality mitigation measures shall be implemented during construction activities at the Project site: • Reduce the amount of disturbed area where possible; • Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind. speeds exceed 15 miles per hour (mph). Reclaimed water (non- potable) shall be used; RESOLUTION NO. 4771 PAGE 31 • All dirt stock pile areas should be sprayed daily as needed; • • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation is established; • All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114; • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; • All of these fugitive dust mitigation measures shall be shown on grading and building plans; and 132. The contractor or builder should designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. RESOLUTION NO. 4771 PAGE 32 133. MM AQ-1B. The following standard air quality mitigation measures for construction equipment shall be implemented during construction activities at the project site: • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off-road and portable diesel powered equipment with CARB- certified motor vehicle diesel fuel (non-taxed version suitable for use off-road). • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; • Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on-road heavy-duty diesel engines and comply with the State On-Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; • On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit; • Diesel idling within 1,000 feet of sensitive receptors in not permitted; • Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors; • Electrify equipment when feasible; • Substitute gasoline-powered in place of diesel-powered equipment, where feasible,; and, - • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. 134. MM AQ-1c. A Construction Activity Management Plan shall be included as part of project grading and building plans and shall be submitted to the APCD for review and to the City for approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent RESOLUTION NO. 4771 PAGE 33 transport of dust off-site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements: • Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions; • Tabulation of on and off-road construction equipment (age, horse- power and miles and/or hours of operation; • Limit the length of the construction work-day period, if necessary; and, • Phase construction activities, if appropriate. 135. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). 136. MM AQ-2a. The Applicants shall include the following: • Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoors. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping. • Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. • Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. 137. MM AQ-2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality Handbook, the following mitigation measures would apply to the Project. [SEE THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE COMPLETE LIST OF MEASURES.] 138. MM AQ-3a. The Applicants shall implement the following Best Available Control Technology (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel exhaust to sensitive receptors: • Further reduce emissions by expanding use of Tier 3 and Tier 4 off- road and 2010 on-road compliant engines; • Repowering equipment with the cleanest engines available; and, RESOLUTION NO. 4771 PAGE 34 • Installing California Verified Diesel Emission Control Strategies. 139. MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the necessary APCD permits when appropriate.- To minimize potential delays, prior to the start of development within each subarea, the APCD's Engineering Division shall be contacted for specific information regarding permitting requirements. 140. MM AQ-5a. Consistent with the City's Goal CT4 to promote transit use, the Applicants shall coordinate with the City Public Works and Community Development Department and work with SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. 141. MM BIO-la. Construction equipment and vehicles shall be stored at least 100 feet away from areas associated with the existing drainage and adjacent oak woodland habitat, and all construction vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. 142. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction shall be conducted between September 1 and January 31, outside of the primary nesting season for birds, unless City-approved preconstruction nesting bird surveys are conducted that determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with the establishment of a nondisturbance buffer zone around active nest, which shall be in place until the adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings, and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be verified by the Project Environmental Monitor through submission of compliance reports. 143. MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. All construction employees that have the potential to come into contact with contaminated soil/bedrock and safety plan, which includes proper training and personal protective equipment. 144. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to lead and other potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of- soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). RESOLUTION NO. 4771 PAGE 35 145. MM HAZ-2c. Prior to beginning construction,. additional subsurface sampling of soil/bedrock and groundwater shall be conducted to assess potential releases associated with the listed former adjacent land uses and the potential migration of contaminants onto the Project site. The analytical suite selected shall be consistent with those uses, and shall include applicable analytical methods for appropriate waste characterization and disposal. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if, contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). 146. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce the potential for structural damage to the proposed development including: • A detailed description and map of fire protection apparatus and staging locations, the locations of the electric and gas shut off controls, emergency meeting locations, and emergency supply locations; • Relevant building design specifications that would qualify the building for identification as a safe refuge during a wildfire; and, 147. MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard areas. Require the installation of smoke detectors in all new residences. 148. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of fire season. 149. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire resistant native species. Non-native species shall not be included in the final landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, as well as locations and types of new plantings. 150. MM HYD-1 a. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Intent (NOI) for discharge from the proposed development site. 151. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Public Works Department prior to the issuance of RESOLUTION NO. 4771 . PAGE 36 • grading permits. The contractor is responsible for understanding the State General Permit and implementing the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activities on the Project site in excess of one acre, or where the area of disturbance is less than one acre but is part of the Project'splan of development that in total disturbs one or more acres. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, siltfencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB). The SWPPP shall be submitted to the City along with grading/development plans for review and approval. 152. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a notice of termination of construction of the development with the RWQCB, identifying how pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site. 153. MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110 including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB regulations under the NPDES Phase II program. 154. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices shall be incorporated into the project. Final Master Drainage Plan. The devices shall be sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water quality system must be reviewed and approved by the City. 155. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall prepare a development maintenance manual for the Project, which shall include detailed procedures for maintenance and operations of any stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer's maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. 156. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable maintenance organization shall submit to the City of Arroyo Grande Public Works Department a detailed report prepared by a licensed Civil Engineer RESOLUTION NO. 4771 PAGE 37 addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. 157. MM NOI-1 a. For all construction activity at the Project site, additional noise attenuation techniques shall be employed as neededto ensure that noise levels are maintained within levels allowed by the City's Noise Standards. Such techniques shall include, but are not limited to: • Sound blankets on noise-generating equipment. • Stationary construction equipment that generates noise levels above 65 _ dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. • All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. • The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 5:00 P.M. Monday through Friday. No movement of heavy equipment shall occur on Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day). • Temporary sound barriers shall be constructed between construction sites and affected uses. 158. MM NOI-1 b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City's Community Development Department. 159. MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. 160. MM REC-la. Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a park improvement impact fee equal to the land value, plus twenty (20) percent of toward the cost of offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon RESOLUTION NO. 4771 PAGE 38 the fair market value of 0.21 acres,, as determined by the formula provided in Section E of Municipal Code Chapter 16.64.060, immediately prior to the filling of the final map. At the discretion of the Community Development Director, this requirement may be met by one of several alternative means that would result in additional dedication of lands for recreational use, such that Project suits the need for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing proposed 0.35 neighborhood park to provide more adequate park space, implementation of trail connections from the property to proposed trails identified in the City Bicycle and Trails Master Plan, or the connection of the Project proposed Class I Bikeway located along the Project Residential Collector road with the City proposed bikeway along Trinity Avenue. 161. MM TRANS-1a. Future development occurring under the proposed Project shall be required to prepare a Construction Transportation Management Plan for review and approval by the City prior to issuance of a building permit to address and manage traffic during construction and shall be designed to: • Prevent traffic impacts on the surrounding roadway network • Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable • Ensure safety for both those constructing the project and the surrounding community • Prevent substantial truck traffic through residential neighborhoods The Construction Transportation Management Plan shall be subject to review and approval by the following City departments: Community Development, Public Works, Fire, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following throughout the Duration of Construction: • A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the Project's construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Community Development Department prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material RESOLUTION NO. 4771 PAGE 39 hauling and construction material delivery. Work within the public right- of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. • Streets and equipment shall be cleaned in accordance with established Public Works requirements. • Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. • Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. • Any requests for work before or after normal construction hours, within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: • The traveling public shall -be advised of impending construction activities which may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). • A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-ofway shall be obtained. • Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. RESOLUTION NO. 4771 PAGE 40 • Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. • Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. 162. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the intersection of Traffic Way and Fair Oaks Avenue. The Applicant shall: 1) submit a funding agreement between the owners of the three subareas for the Traffic Signal Improvements to the City for review and approval; and 2) submit Traffic Signal. Improvement Plans to the City for review and approval, concurrently with the Project's public improvement plans. Prior to issuance of the first certificate of occupancy, the Applicant shall complete construction of the traffic signal improvements. The City shall ensure the traffic signal is installed and operational prior to the issuance of the first building permit. 163. MM TRANS-3a. East.Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to create an exclusive right turn lane for the southbound approach of West Branch Street to East Grand Avenue. The Applicants shall to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to meet turning radius requirements of a City bus design vehicle to create an exclusive right turn lane. The Applicants shall submit plans for the restriping of West Branch Street including any modifications necessary to the northeast curb return and sidewalk to provide for design vehicle turning movements to the City for review and approval from the City Engineer, concurrent with the submittal of the project's public improvement plans. Road improvements shall be installed, inspected, and approved by the City prior to issuance of the first building permit. 164. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for a transportation improvement that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project's long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. The Applicant shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. The Applicants shall submit payment of their fair share of funding for the above mitigation prior to issuance of grading and/or building permits. The City shall RESOLUTION NO. 4771 PAGE 41 determine the amount of payment of fair shares for each Applicant commensurate `with metrics that demonstrate the relative level and intensity of proposed development (e.g., square footage, land use type, tripgeneration, etc.). The City shall establish a separate East Grand Avenue/West Branch Street traffic mitigation fund to accept the Applicant's payment(s). SPECIAL CONDITIONS ADDED BY THE CITY COUNCIL 165. High visibility bike lanes shall be installed at transition zones near the project as approved by the City Engineer, and high visibility decorative crosswalks shall be installed on Traffic Way, East Cherry and project access points. 166. A Lot Line Adjustment shall be required to allow existing improvements on the mobilehome park to remain. RESOLUTION NO. 4771 PAGE 42 EXHIBIT B CONDITIONS OF APPROVAL FOR SUBAREA 3 CONDITIONAL USE PERMIT 15-004 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes development per the East Cherry Avenue Specific Plan (Specific Plan 15-001, General Plan Amendment 15-001, Development Code Amendment 15-001, or "Specific Plan"), which covers the following entitlements in the three subareas included in the Specific Plan area: • Subarea 2: Vesting Tentative Tract Map 15-001 (\TTM 3081). This includes up to 51 residential dwelling units and related amenities on 11.62 acres (less 0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, owned by Mangano Homes, Inc. • Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden and related amenities on a property owned by the Arroyo Grande Japanese. Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be transferred from Subarea 2. The following conditions and mitigation measures apply to Subarea 3 only: 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval and applicable mitigation measures included in the E. Cherry Avenue Specific Plan Environmental Impact Report as certified. These are included as conditions 116 through 149. 4. This application shall automatically expire on January 10, 2019 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 5. Development shall conform to the land use and zoning requirements described within the Specific Plan as approved on January 10, 2017. 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of January 10, 2017, on file in the Community Development Department. RESOLUTION NO. 4771 PAGE 43 7. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its-present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 8. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 10. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 11. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by the East Cherry Avenue Specific Plan or these conditions. 13. The developer shall comply with Development Code Chapter 16.56, "Parking and Loading Requirements". 14. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building(s). The trash enclosure area shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste/organics (when appropriate). All solid waste and recycling area enclosures that are not located inside a building shall have roofs to prevent contaminants from washing into the storm drain system. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so that the garbage trucks can access the bins. 15. Final design and location of the trash enclosure(s) shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. RESOLUTION NO. 4771 PAGE 44 16. The applicant shall obtain and submit to the City written approval from South County Sanitary for all proposed trash receptacle pick up locations. 17. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code, augmented by requirements included in mitigation measure NOI-1 a. Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 18. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 19. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 20. Landscaping in accordance with an approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape plan, irrigation plan and landscape documentation package shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments prior to issuance of building permit. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and the State Department of Water Resource's Model Water Efficient Landscape Ordinance and shall include the following: 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: d. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; e. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants, except for plantings specific to the Japanese Cultural Garden, the Farm Garden, and Cherry trees within the Historic Garden. f. An automated irrigation system using smart controller (weather based) technology. RESOLUTION NO. 4771 PAGE 45 g. A dedicated landscape meter for the commercial landscape areas greater than 1,000 square feet and for residential areas greater than 5,000 square feet. h. A landscape meter shall be installed on the existing water well, to remain, and service Subarea 3 only. i. The selection of groundcover plant species shall include native plants. j. Linear planters shall be provided in parking areas. k. No more than 25% of the total landscaped area can be turf in residential areas; turf is not allowed in commercial areas. - 21. For projects approved with specific exterior building colors, the developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 22. All new electrical panel boxes shall be installed inside the building(s). 23. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent to a fire access roadway, away from the public right-of-way, incorporated into the design of the site, and screened to the maximum extent feasible. 24. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. 25. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 26. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. SUBDIVISION CONDITIONS 27. The developer shall comply with Development Code Chapter 16.68 "Improvements" or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and Development Code differ, the Specific Plan shall prevail. RESOLUTION NO. 4771 PAGE 46 INCLUSIONARY HOUSING 28. The developer shall comply with Development Code Chapter 16.80 "Inclusionary Affordable Housing Requirements". BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 29. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. FIRE LANES 30. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 31. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. This shall be shown on the final site plan as approved by the Building Official and Fire Chief. FIRE FLOW/FIRE HYDRANTS 32. Project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. 33. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. SECURITY KEY BOX 34. The applicant must provide an approved "security key vault," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 35. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 36. Provide Fire Department approved access per National Fire Protection Association Standards. RESOLUTION NO. 4771 PAGE 47 ABANDONMENT/ NON-CONFORMING 37. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells (except for the existing well to be used for landscape irrigation purposes), underground piping and other undesirable conditions. DEMOLITION PERMIT/ RETAINING WALLS 38. A demolition permit must be applied for, approved and issued for existing structures to be removed prior to new development. All asbestos and lead shall be verified if present and abated prior to permit issuance. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 39. The Applicant shall develop, implement and provide the City a: a. Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). 40. Prior to any Permit — Stormwater Control Plan. The Stormwater Control Plan must include, at minimum: Contents: a. Project information including project name; application number; location; parcel numbers; applicant contact information; land use information; site area; existing, new, and replaced impervious area, and applicable PCR requirements and exceptions. b. Narrative analysis or description of site features and conditions, and opportunities and constraints for stormwater control. c. Narrative description of site design characteristics that protect natural resources including endangered species habitat, protected vegetation, and archaeological resources, and preserve natural drainage features, minimize imperviousness, and disperse runoff from impervious areas. RESOLUTION NO. 4771 PAGE 48 d. Tabulation of proposed pervious and impervious DMAs, showing self-treating areas, self-retaining areas, areas draining to self-retaining areas, and areas tributary to each LID facility. e. Proposed sizes, including supporting calculations, for each LID facility. f. Narrative description of each DMA and explanation of how runoff is routed from each impervious DMA to a self-retaining DMA or LID facility. g. Description of site activities and potential sources of pollutants. h. Table of pollutant sources identified from the list in Appendix A and for each source, the source control measure(s) used to reduce pollutants to the maximum extent practicable. i. Description of signage for bioretention facilities. j. General maintenance requirements for bioretention facilities and site design features. k. Means by which facility maintenance will be financed and implemented in perpetuity. I. Statement accepting responsibility for interim operation & maintenance of facilities. Exhibits: a. Existing natural hydrologic features (depressions, watercourses, relatively undisturbed areas) and significant natural resources. b. Proposed design features and surface treatments used to minimize imperviousness and reduce runoff. c. Existing and proposed site drainage network and connections to drainage off- site. d. Entire site divided into separate Drainage Management Areas (DMAs). Each DMA has a unique identifier and is characterized as self-retaining (zero- discharge), self-treating, or draining to a LID facility. e. Proposed locations and footprints of LID facilities. f. Potential pollutant source areas, including loading docks, food service areas, refuse areas, outdoor processes and storage, vehicle cleaning, repair or maintenance, fuel dispensing, equipment washing, etc. 41. Prior to Final Approval - Operations and Maintenance Plan. The Operations and Maintenance Plan must include, at minimum: a. Stormwater Control Measures report number b. A site map identifying all Stormwater Control Measures requiring Operations and Maintenance practices to function as designed. c. Operations and Maintenance Procedures for each structural stormwater control measure including, but not limited to, Low Impact Design facilities, retention and detention basins, and manufactured or propriety devices operations and maintenance. d. Short-and long-term maintenance requirements, recommended frequency of maintenance, and estimated cost for maintenance. RESOLUTION NO. 4771 PAGE 49 42. Prior to Occupancy - Maintenance Agreement. The Applicant shall provide a signed statement accepting responsibility for the Operations and Maintenance of the installed Storm Water Control Measures. The Applicant shall include written conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally enforceable mechanism that require the assumed responsibility for the Operations and Maintenance of Stormwater Control Facilities. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion dates of the following milestones i. Construction ii. Field verification of Stormwater Control Facilities iii. Final Project approval/occupancy d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. 43. Annual - Maintenance Notification. The Owner/Applicant shall provide a signed statement annually no later than June 30 notifying the City of all maintenance of the installed Storm Water Control Measures. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. GENERAL CONDITIONS 44. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works, the Community Development Director or his/her representative. 45. Perform construction activities related to inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.). The developer or contractor shall refrain from performing any work subject to inspection other than site maintenance outside RESOLUTION NO. 4771 PAGE 50 of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. 46. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. 47. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 48. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of paper prints and an electronic version on CD in both AutoCAD and PDF format shall be required. 49. Submit three (3) full-size paper copies and one PDF file of approved improvement plans for inspection purposes during construction. 50. Record Drawings ("as-built" plans) are required to be submitted prior to release of the Faithful Performance Bond. 51. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie-out survey monuments or vertical control bench marks within 24 inches of work. Should any existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the project acceptance or sign off of the Encroachment Permit. 52. Provide new vertical control survey bench mark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 53. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California in compliance with Engineering Standard 1010 and approved by the Public Works or Community Development Department: a. Grading b. Retaining Walls c. Roadway Improvements RESOLUTION NO. 4771 PAGE 51 d. Cross Sections e. Storm Drainage f. Utilities - Water and Sewer Plan and Profile g. Utilities— Composite Utility . h. Signing and Striping i. Erosion Control j. Landscape and Irrigation Plans for Public Right-of-Way k. Details I. Other improvements as required by the Community Development Director. m. (NOTE: All plan sheets must include City standard title blocks) n. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 54. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 55. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 56. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 57. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. STREET IMPROVEMENTS 58. Obtain approval from the Public Works Director prior to excavating in any street " recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to a slurry seal. 59. All street repairs shall be constructed to City standards. 60. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City. 61. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. 62. If intended to be public streets, Public Local Streets must be designed in compliance with Engineering Standards 7010 and shall adhere to the following design standards: a. 40 feet street width from curb to curb. b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. c. 52 feet wide right-of-way. RESOLUTION NO. 4771 PAGE 52 d. 25 mile per hour design speed. e. TI = 6.5 63. Each subarea must complete road widening work on East Cherry Avenue for property frontage. Road widening transitions must be completed to the satisfaction of the City Engineer. CURB, GUTTER, AND SIDEWALK 64. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 65. Color any such new facilities as directed by the Community Development Director. 66. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 67. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 68. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. DEDICATIONS AND EASEMENTS 69. The property owner shall offer for dedication to the public the right-of-way for the following street: • East Cherry Avenue 70. A private/public water main easement shall be reserved through the property from the terminus of Launa Lane to Subarea 2. 71. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to street right-of-way adjacent to East Cherry Avenue. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 72. Street tree planting and maintenance easements shall be dedicated adjacent to all street right-of-ways on East Cherry Avenue. 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. 73. Subarea 3 shall provide a 15' wide PUE, with the location subject to final approval of the Public Works Director. RESOLUTION NO. 4771 PAGE 53 74. 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. GRADING AND DRAINAGE 75. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 76. All grading shall be performed in accordance with the City Standard Specifications and Engineering Standards and City Grading Ordinance. 77. All drainage facilities shall be designed to accommodate a 100-year storm flow. 78. Submit a soils report for the project shall be 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. 79. The applicant shall dedicate a pedestrian access easement(s) for any ADA sidewalk extension. 80. Infiltration basins shall be designed based on soil tests. Infiltration test shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. 81. The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be approvedby the City Engineer. Any portions of the site subject to flooding from a 100-year storm shall be shown on the tentative map or other recorded document, and shall be noted as a building restriction. 82. The applicant shall provide on-site storm water retardation facilities designed and constructed to Public Works and Community Development requirements, and the following: a. The 100-year basin outflow shall not exceed the pre-development flow. b. The 100-year basin outflow shall be limited to a level which does not cause the capacity of existing downstream drainage facilities to be exceeded. c. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. d. The basin shall be maintained by a homeowner's association. The City shall approve the related language in the association CC&R's prior to recordation. e. The maintenance district shall be recorded concurrently with the map. RESOLUTION NO. 4771 PAGE 54 • WATER • 83. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 84. The applicant shall extend the public water main to adequately serve the project across the property frontage. 85. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to structures and/or landscape irrigation (commercial development only). 86. A Double Detector Check (DDC) valve shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 87. Each parcel shall have separate water meters. 88. On-site well water shall be used for construction purposes.. The City of Arroyo Grande does not allow the use of hydrant meters. 89. 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. 90. Existing water services to be abandoned shall be properly abandoned_and capped at the main per the requirements of the Public Works Director. 91. The City shall be allowed to investigate excess water from the existing well within Subarea 3 for potential municipal use, and drill a new well if necessary. This activity shall be coordinated with the property owner, and the new well, if needed, shall be located so as not to disrupt the development that would be allowed as a result of this CUP. SEWER 92. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8". 93. All sewer laterals within the public right-of-way must have a minimum slope of 2%. 94. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 95. Each parcel shall be provided a separate_sewer lateral. Laterals shall be sized for the appropriate use, minimum 4". RESOLUTION NO. 4771 PAGE 55 96. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. 97. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to permit issuance. 98. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. 99. The applicant must obtain a will-serve letter from the South San Luis Obispo County Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite wastewater collection system to serve the project. PUBLIC UTILITIES 100. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. The existing above ground utilities that traverse Subarea 2 and 3 must be placed underground prior to the recordation of the Tract Map for Subarea 2. 101. Prior to approving any building permit within the project for occupancy, all conditions of approval for project must be satisfied. 102. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the City Engineer for approval. 103. On streets 40' or less in width, street lights shall be placed at least 200' — 250' apart, or potentially less frequently to minimize impacts on the existing dark night sky views, if it can be found that sufficient public safety is maintained. On streets greater than 40' in width, a street lighting plan shall be designed and submitted to the Community Development Director for approval. Consideration shall be given to minimizing impacts to views of the existing dark night sky, consistent with Mitigation Measure VIS-4a as included in these conditions and the East Cherry Avenue Specific Plan. 104. Applicant shall fund outsourced plan and map check services, as required. TREE PRESERVATION/TREE REMOVAL PLAN 105. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 106. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for RESOLUTION NO. 4771 PAGE 56 undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. 107. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted or fees paid. 108. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 109. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Public Works Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. 110. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture Pruning Standards. PUBLIC SAFETY 111. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 112. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. FEES AND BONDS 113. The applicant shall pay all applicable City fees, including the following: RESOLUTION NO. 4771 PAGE 57 FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Plan check for grading plans. (Based on an approved earthwork estimate) b. Plan check for improvement plans. (Based on an approved construction cost estimate) c. Permit Fee for grading plans. (Based on an approved earthwork estimate) d. Inspection Fee of subdivision or public works construction plans. (Based on an approved construction cost estimate) e. : Plan Review Fee (Based on the current Building Division fee schedule) FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. b. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.04.030. c. Water Meter charge to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. d. Water Availability charge, to be based on codes and rates in effect at the time of building permit issuance, in accordance with - (not correct). e. Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. f. Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord: 346 C.S., Res. 1955. g. Sewer Connection fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.12.190. h. South San Luis Obispo County Sanitation District Connection fee in accordance with Municipal Code Section 13.12.180. i. Drainage fee, as required by the area drainage plan for the area being developed. j. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Qrd. 313 C.S. RESOLUTION NO. 4771 PAGE 58 k. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. I. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. m. Strong Motion Instrumentation Program (SMIP) Fee, to be based on codes and rates in effect at the time of development in accordance with State mandate. n. Building Permit Fee, to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. 114. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary [or robbery] alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee of ($30.00). BONDING SURETY 115. Erosion Control, prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. EIR MITIGATION MEASURES 116. MM VIS-1 a. The Architectural Review Committee shall review Project design and consider impacts to the scenic resources available on or adjacent to the Project site, with particular consideration to the Santa Lucia Mountains. This includes the review of building siting, height, massing, design, and setbacks. The Architectural Review Committee shall determine whether structures obstruct important views of scenic resources, and/or propose design alterations to reduce impacts to important views of scenic resources. 117. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall consider the minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate streetlights and security lighting for public safety. 118. MM AG-2a. The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss of. 1.74 acres of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related policies. At the discretion of the City Council, options may include, but not be limited to: 1) Applicant to purchase a parcel of land (size to be determined by City Council) to be put into an agricultural Conservation easement; 2) Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and preserving agricultural land; 3) Council may determine that the 9.79-acre parcel RESOLUTION NO. 4771 PAGE 59 intended to mitigate the loss of prime soils for Subarea 2 also mitigates impacts within Subarea .3; or 4) any other approach determined to be acceptable to the City Council to satisfy the intent of General Plan Goal Ag1 and related policies.. In making their determination, the City Council may consider the following circumstances: 1) the loss of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is considered less than significant based on the LESA methodology (see Impact AG-1); and 2) Subarea 3 has not historically been in agricultural production. Based on the above considerations, on July 26, 2016, the City Council determined that no additional mitigation measures (either dedicated land or fees) will be required, provided that development for Subarea 3 is in substantial conformance with what is described in the Specific Plan. 119. MM AQ-1 a. The following standard air quality mitigation measures shall be implemented during construction activities at the Project site: • Reduce the amount of disturbed area where possible; • Water, trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water (non- potable) shall be used; • All dirt stock pile areas should be sprayed daily as needed; • Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation is established; • All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; RESOLUTION NO. 4771 PAGE 60 • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114; • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; • All of these fugitive dust mitigation measures shall be shown on grading and building plans; and • The contractor or builder should designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce.visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. 120. MM AQ-1B. The following standard air quality mitigation measures for construction equipment shall be implemented during construction activities at the project site: • Maintain all construction equipment in proper tune according to manufacturer's specifications; • Fuel all off-road and portable diesel powered equipment with CARB- certified motor vehicle diesel fuel (non-taxed version suitable for use off-road). • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State off-Road Regulation; • Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on-road heavy-duty diesel engines and comply with the State On-Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two RESOLUTION NO. 4771 PAGE 61 measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; • On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit; • Diesel idling within 1,000 feet of sensitive receptors in not permitted; • Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors; • Electrify equipment when feasible; • Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, • Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. 121. MM AQ-1c. A Construction Activity Management Plan shall be included as part of project grading and building plans and shall be submitted to the APCD for review and to the City for approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off-site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements: • Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions; • Tabulation of on and off-road construction equipment {age, horse- power and miles and/or hours of operation; • Limit the length of the construction work-day period, if necessary; and, • Phase construction activities, if appropriate. 122. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). RESOLUTION NO. 4771 PAGE 62 123. MM AQ-2a. The Applicants shall include the following: • Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoors. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA. WaterSense Label, achieving 15 percent reduction in outdoor landscaping. • Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. • Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. 124. MM AQ-2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality Handbook, the following mitigation measures would apply to the Project. [SEE THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE COMPLETE LIST OF MEASURES.] 125. MM AQ-3a. The Applicants shall implement the following Best Available Control Technology (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel exhaust to sensitive receptors: • Further reduce emissions by expanding use of Tier 3 and Tier 4 off- road and 2010 on-road compliant engines; • Repowering equipment with the cleanest engines available; and, • Installing California Verified Diesel Emission Control Strategies. 126. MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the necessary APCD permits when appropriate. To minimize potential delays, prior to the start of development within each subarea, the APCD's Engineering Division shall be contacted for specific information regarding permitting requirements. 127. MM AQ-5a. Consistent with the City's Goal CT4 to promote. transit use, the Applicants shall coordinate with the City Public Works and Community Development Department and work with SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. 128. MM BIO-la. Construction equipment and vehicles shall be stored at least 100 feet away from areas associated with the existing drainage and adjacent oak woodland RESOLUTION NO. 4771 PAGE 63 habitat, and all construction vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. 129. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction shall be conducted between September 1 and January 31, outside of the primary nesting season for birds, unless City-approved preconstruction nesting bird surveys are conducted that determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with the establishment of a nondisturbance buffer zone around active nest, which shall be in place until the adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings, and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be verified by the Project Environmental Monitor through submission of compliance reports. 130. MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. All construction employees that have the potential to come into contact with contaminated soil/bedrock and safety plan, which includes proper training and personal protective equipment. 131. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to lead and other potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). 132. MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of soil/bedrock and groundwater shall be conducted to assess potential releases associated with the listed former adjacent land uses and the potential migration of contaminants onto the Project site. The analytical suite selected shall be consistent with those uses, and shall include applicable analytical methods for appropriate waste characterization and disposal. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). RESOLUTION NO. 4771 PAGE 64 133. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce the potential for structural damage to the proposed development including: • A detailed description and map of fire protection apparatus and staging locations, the locations of the electric and gas shut off controls, emergency meeting locations, and emergency supply locations; and • Relevant building design specifications that would qualify the building for identification as a safe refuge during a wildfire. 134. MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard areas. Require the installation of smoke detectors in all new residences. 135. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of fire season. 136. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire resistant native species. Non-native species shall not be included in the final landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, as well as locations and types of new plantings. 137. MM HYD-la. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Intent (NOI) for discharge from the proposed development site. 138. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Public Works Department prior to the issuance of grading permits. The contractor is responsible for understanding the State General Permit and implementing the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activities on the Project site in excess of one acre, or where the area of disturbance is less than one acre but is part of the Project's plan of development that in total disturbs one or more acres. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB). The SWPPP shall be submitted to the City along with • grading/development plans for review and approval. RESOLUTION NO. 4771 PAGE 65 139. MM HYD-1c. Notice of Termination of Construction.-The Applicants shall file a notice of termination of construction of the development with the RWQCB, identifying how pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site. 140. MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110 including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB regulations under the NPDES Phase II program. 141. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water quality system must be reviewed and approved by the City. 142. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall prepare a development maintenance manual for the Project, which shall include detailed procedures for maintenance and operations of any stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer's maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. 143. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable maintenance organization shall submit to the City of Arroyo Grande Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. 144. MM NOI-1 a. ' For all construction activity at the Project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City's Noise Standards. Such techniques shall include, but are not limited to: • . Sound blankets on noise-generating equipment. • Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that RESOLUTION NO. 4771 PAGE 66 meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. • All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. • The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 5:00 P.M. Monday through Friday. No movement of heavy equipment shall occur on Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day). • Temporary sound barriers shall be constructed between construction sites and affected uses. 145. MM NOI-1 b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposedconstruction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City's Community Development Department. 146. MM NOI-3a. All noise-generating rooftop building equipment, such as air' conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. 147. MM TRANS-1 a. Future development occurring under the proposed Project shall be required to prepare a Construction Transportation Management Plan for review and approval by the City prior to issuance of a building permit to address and manage traffic during construction and shall be designed to: • Prevent traffic impacts on the surrounding roadway network • Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable • Ensure safety for both those constructing the project and the surrounding community • Prevent substantial truck traffic through residential neighborhoods • The Construction Transportation Management Plan shall be subject to review and approval by the following City departments: Community Development, Public Works, Fire, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure. This RESOLUTION NO. 4771 PAGE 67 review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following throughout the Duration of Construction: • .A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the Project's construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Community Development Department prior to commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right- of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. • Streets and equipment shall be cleaned in accordance with established Public Works requirements. • Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. • Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. • Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Project coordination elements that shall be implemented prior to commencement of construction: • The traveling public shall be advised of impending construction activities which may substantially affect key roadways or other facilities RESOLUTION NO. 4771 PAGE 68 (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). • A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-ofway shall be obtained. • Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. • Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. • Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. 148. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to create an exclusive right turn lane. The Applicants shall submit plans for the restriping of West Branch Street including any modifications necessary to the northeast curb return and sidewalk to provide for design vehicle turning movements to the City for review and approval from the City Engineer, concurrent with the submittal of the project's public improvement plans. Road improvements shall be installed, inspected, and approved by the City prior to issuance of the first building permit. 149. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for a transportation improvement that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project's long-term impact on the cumulative condition, using the Equitable . Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. The Applicant shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound RESOLUTION NO. 4771 PAGE 69 ramps and the intersection of East Branch Street and Traffic Way. The Applicants shall submit payment of their fair shareof funding for the above mitigation prior to issuance of grading and/or building permits. The City shall determine the amount of payment of fair shares for each Applicant commensurate with metrics that demonstrate the relative level and intensity of proposed development (e.g., square footage, land use type, trip generation, etc.). The City shall establish a separate East Grand Avenue/West Branch Street traffic mitigation fund to accept the Applicant's payment(s). RESOLUTION NO. 4771 PAGE 70 EXHIBIT C CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS I. PURPOSE OF THE FINDINGS The purpose of these findings is to satisfy the requirement'of Public Resources Code Section 21000, et seq., and Sections 15091, 15092, 15093 and 15097 of the CEQA Guidelines, 14 Cal. Code Regulations, Sections 15000, et seq., associated with approval of the East Cherry Avenue Specific Plan Project. These findings provide the written analysis and conclusions of the City Council regarding the Project. They are divided into general sections, each of which is further divided into subsections. Each addresses a particular impact topic and/or requirement of law. At times, these findings refer to materials in the administrative record, which is available for review in the City's Planning Division. II. PROJECT OBJECTIVES Pursuant to CEQA Guidelines Section 1512 4, the environmental impact report (EIR) must identify the objectives sought by the proposed project. As noted in Section 2.5 of the Final EIR for the Project, the Project objectives are: • To designate appropriate land uses and design guidelines within the Specific Plan that will guide future development within the Project site;. • To provide for historical, recreational, and residential opportunities that both complement and augment the existing uses in the City; • To comply with the Agriculture, Conservation and Open Space Element Implementation Policy AG 14.2 with the protection and preservation of offsite agricultural lands; • To set forth a development plan(s) capable of underwriting the cost of public and private infrastructure and capital improvements proposed as part of the Specific Plan; and, • To promote orderly and attractive community development in the context of existing neighborhoods and in recognition of future development in the vicinity. III. PROJECT DESCRIPTION The Project site consists of three adjacent parcels under separate ownerships referred to as Subarea 1 — a 2.16-acre plot owned by SRK Hotels; Subarea 2 — a 11.62-acre plot owned by Mangano Homes, Inc.; and Subarea 3 — a 1.51-acre plot owned by the Arroyo Grande Valley Japanese Welfare Association (JWA). In total, the Project includes 15.29 acres at the southeast corner of Traffic Way and East Cherry Avenue. Subarea 1 is currently zoned as. Traffic Way Mixed-Use (TMU) for the use of automobile sale and services. Subarea 2 remains undeveloped and has historically been zoned for agricultural production. Subarea 3, however, has a deep- rooted history dating back to its original purchase in the 1920s by the JWA and until 2011, has been host to a variety of uses. The Project is a Specific Plan, General Plan Amendment, Development Code Amendment and Vesting Tentative Tract Map. The intent of the Project is to develop a specific plan withmixed use and residential uses along the frontage of East Cherry Avenue and Traffic Way, with the inclusion of a circulation network consisting of collector streets and residential alleys. Subarea 1 of the RESOLUTION. NO. 4771 PAGE 71 Project site could be developed with a 90- to 100-room hotel and restaurant use under a future Conditional Use Permit (CUP), which is not being considered at this time. The Project envisions the development of Subarea 2 for residential use as a 54-lot subdivision with 51 single-family residential lots along with a 0.5-acre neighborhood park that also acts as a drainage basin. The proposed development of Subarea 3 would provide for a mix of retail, residential and visitor serving uses that expresses the ideologies of the JWA and is both compatible with and supports the local community. Major Project components outlined in the East Cherry Avenue Specific Plan include: 1) Establishment of a land use plan and design concepts for the properties within the Specific Plan, consistent with the City of Arroyo Grande's General Plan; 2) Sustainable design and development practices; 3) A circulation system with a new Project collector and residential streets, a residential alley,, and offsite improvements to the existing East Cherry Avenue; 4) A drainage system designed to direct stormwater to historical points of discharge, as well as incorporate Low Impact Development (LID) methodologies and other methods of on- site infiltration and stormwater reuse; and 5) Extension of utility lines and infrastructure. IV. THE CEQA PROCESS A Draft and a Final Environmental Impact Report (collectively, the "EIR") has been prepared for and by the City in accordance with the California Environmental Quality Act ("CEQA", Public Resources Code Sec 21000 et seq.), and the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.) in connection with the Project. The EIR for the Project consists of the following: A. Draft Environmental Impact Report ("DEIR"), issued April 11, 2016; B. All appendices to the DEIR; C. Final Environmental Impact Report ("FEIR"), issued July 21, 2016, containing all written comments and responses on the DEIR, refinements and clarifications to the DEIR, the mitigation monitoring and reporting program, and technical appendices; D. All of the comments and staff responses entered into the record orally and in writing, as well as accompanying technical memoranda or evidence entered into the record. In conformance with CEQA, the City has taken the following actions in relation to the EIR. RESOLUTION NO. 4771 PAGE 72 V. FINDINGS ARE DETERMINATIVE The City Council certifies that the EIR has been completed in compliance with CEQA and that it was presented to, and reviewed and considered by, the City Council prior to acting on the Project. In so certifying, the City Council recognizes that there may be differences in and among the different sources of information and opinions offered in the documents and testimony that make up the EIR and the administrative record; that experts disagree; and that the City Council must base its decision and these findings on the substantial evidence in the record that it finds most compelling. Therefore, by these findings, the City Council ratifies, clarifies, and/or makes insignificant modifications to the EIR and resolves that these findings shall control and are determinative of the significant impacts of the Project. The mitigation measures proposed in the EIR are adopted in this document, substantially in the form proposed in the EIR, with such clarifications and non-substantive modifications as the City Council has deemed appropriate to implement the mitigation measures. Further, the mitigation measures adopted in this document are expressly incorporated into the Project pursuant to the adopted conditions of approval. The findings and determinations in this document are to be considered as an integrated whole and, whether or not any subdivision of this document to cross-reference or incorporate by reference any other subdivision of this document, that any finding or determination required or permitted to be made shall be deemed made if it appears in any portion of this document. All of the text included in this document constitutes findings and determinations, whether or not any particular caption sentence or clause includes a statement to that effect. Each finding herein is based on the entire record. The omission of any relevant fact from the summary discussions below is not an indication that a particular finding is not based in part on the omitted fact. Many of the mitigation measures imposed or adopted pursuant to this document to mitigate the environmental impacts identified in the administrative record may have the effect of mitigating multiple impacts (e.g., conditions imposed primarily to mitigate traffic impacts may also secondarily mitigate air quality impacts, etc.). The . City Council has not attempted to exhaustively cross-reference all potential impacts mitigated by the imposition of a particular mitigation measure; however, such failure to cross-reference shall not be construed as a limitation on the potential scope or effect of any such mitigation measure. Reference numbers to impacts, mitigation measures, and page numbers in the following sections are to the page numbers used in the EIR, as specified. VI. IMPACTS, MITIGATION MEASURES, AND FINDINGS In conformance with Section 15091 of the State CEQA Guidelines, this section of the findings lists each significant environmental effect of the project listed in the EIR; describes those mitigation measures recommended in the EIR; and, as required by Section 15091(a), finds that either: the adopted mitigation measures have substantially lessened the significant effect; the adopted mitigation measures, though implemented, do not substantially lessen the significant effect; the mitigation measures cannot be adopted and implemented because they are the responsibility of another public agency; or that specific considerations make infeasible the mitigation measures identified in the EIR. RESOLUTION NO. 4771 PAGE 73 All feasible mitigation measures listed below have been incorporated into the Mitigation Monitoring and Reporting Program ("MMRP") included as Attachment A to this Resolution. Compliance with the MMRP is a condition of approval of the Project, and the construction of the Project will incorporate all conditions contained in the MMRP. A. Aesthetics and Visual Resources Impact VIS-1: Implementation of the Project would result in impacts to the existing aesthetic and visual resources present at the site and surrounding areas, particularly the adjacent hillside and distant views of the San Lucia Range. VIS-4: The proposed Project would introduce new sources of nighttime light, impacting the quality of the nighttime sky and increasing ambient light. Mitigation MM VIS-la. The Architectural Review Committee shall review Project design and consider impacts to the scenic resources available on or adjacent to the Project site, with particular consideration to the Santa Lucia Mountains. This includes the review of building siting, height, massing, design, and setbacks. The Architectural Review Committee shall determine whether structures obstruct important views of scenic resources, and/or propose design alterations to reduce impacts to important views of scenic resources. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall consider the minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate streetlights and security lighting for public safety. Finding Implementation of the above FEIR mitigation measures would reduce impacts to aesthetics and visual resources from development to a less than significant level. Evidence in Support of Finding The FEIR analyzed potential impacts to views of distant topography and the Santa Lucia range by identifying Key Viewing Areas (KVAs), using photosimulations, and assessing characteristics of scenic resources such as visual quality viewer exposure, and view sensitivity. MM VIS-1a would ensure adequate review by the Architectural Review Committee to ensure that the Project does not block important views of scenic resources such as the Santa Lucia Mountains, and adheres to goals and standards established by the City that minimize impacts to scenic resources. The FEIR found that development of the Project site would alter current lighting conditions by significantly increasing the amount of exterior light fixtures and light produced within the Project site, although no lighting plan was available at the time of analysis. The implementation of MM VIS-4a would require the Architectural Review Committee to consider lighting impacts prior to approval, which would reduce potential impacts to nighttime lighting associated with the Project to the maximum extent feasible, while still retaining lighting for safety and security purposes. See Section 3.1.4, Aesthetics and Visual Resources, of the FEIR, pages 3.1-18 through 3.1-21 and 3.1-24 through 3.1-26. RESOLUTION NO. 4771 PAGE 74 B. Agricultural Resources Impact AG-2: The proposed Project would result in the conversion of agricultural land uses within the Project site, creating potentially significant impacts with respect to consistency with"City Goal Ag1 and related policies in the Agriculture, Conservation and Open Space Element, which seek protection of prime farmland. Mitigation MM AG-2a. The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss of 1.74 acres of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related policies. At the discretion of the City Council, options may include, but not be limited to: 1) Applicant to purchase a parcel of land (size to be determined by City Council) to be put into an agricultural conservation easement, 2) Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and preserving agricultural land; 3) Council may determine that the 9.79- acre parcel intended to mitigate the loss of prime soils for Subarea 2 also mitigates impacts within Subarea 3; or 4) any other approach determined to be acceptable to the City Council to satisfy the intent of General Plan Goal Ag1 and related policies. In making their determination, the City Council may consider the following circumstances: 1) the loss of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is considered less than significant based on the LESA methodology (see Impact AG-1); and 2) Subarea 3 has not historically been in agricultural production. Based on the above considerations, on July 26, 2016, the City Council determined that no additional mitigation measures (either dedicated land or fees) will be required, provided that development for Subarea 3 is in substantial conformance with what is described in the Specific Plan. Finding Implementation of the above FEIR mitigation measure would reduce potentially significant impacts to agricultural resources from development to a less than significant level. Evidence in Support of Finding The FEIR found that the Project would convert prime farmland to nonagricultural uses and would change the existing agricultural zoning within Subareas 2 and 3 to nonagricultural zoning. Although Subarea 2 contains prime soils and is zoned for agriculture, the City Council determined that offsite agricultural protection of a 9.79-acre parcel located at 1189 Flora Road would serve as mitigation for Subarea 2. However, the FEIR found that Subarea 3 contains 1.74 acres of prime soils and is zoned for agriculture, which would require mitigation for the loss of agricultural resources under General Plan Policy Ag1-4.2. Application of MM AG-2a would ensure compliance with Policy Ag1-4.2 and that agricultural resources within Subarea 3 are appropriately mitigated. The City Council must determine if the proposed 9.79-acre offsite agricultural parcel also mitigates for impacts within Subarea 3, or if other measures would need to be taken. See Section 3.2.4, Agricultural Resources, of the FEIR, pages 3.2-16 through 3.2-19. RESOLUTION NO. 4771 PAGE 75 C. Air Quality and Greenhouse Gas Emissions Impact AQ-1: The proposed Project would result in significant short-term construction-related air quality impacts from dust and air pollutant emissions generated by grading and construction equipment operation. AQ-2: The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. AQ-3: Release of toxic diesel emissions during initial construction and long-term operation of the proposed Project could expose nearby sensitive receptors to such emissions. AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD's 2001 Clean Air Plan. Mitigation MM AQ-la. The following standard air quality mitigation measures shall be implemented during construction activities at the Project site: 1. Reduce the amount of disturbed area where possible; 2. Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water (non-potable) shall be used; 3. All dirt stock pile areas should be sprayed daily as needed; 4. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; 5. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating native grass seed and watered until vegetation is established; 6. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; 7. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; RESOLUTION NO. 4771 PAGE 76 - 8. Vehicle speed for all construction vehicles shall not exceed 15 mph onany unpaved surface at the construction site; 9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114; 10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; 11. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; 12. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and 13. The contractor or builder should designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. MM AQ-1 b. The following standard air quality mitigation measures for construction equipment shall be implemented during construction activities at the Project site: 1. Maintain all construction equipment in proper tune according to manufacturer's specifications; 2. Fuel all off-road and portable diesel powered equipment with CARB-certified motor vehicle diesel fuel (non-taxed version suitable for use off-road). 3. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off- road heavy-duty diesel engines, and comply with the State off-Road Regulation; 4. Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on-road heavy-duty diesel engines and comply with the State On-Road Regulation; 5. Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; RESOLUTION NO. 4771 PAGE 77 • 6. On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit; 7. Diesel idling within 1,000 feet of sensitive receptors in not permitted; 8. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 9. Electrify equipment when feasible; 10. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, 11. Use alternatively fueled construction equipment onsite where feasible, such .as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. MM AQ-1c. A Construction Activity Management Plan shall be included as part of Project grading and building plans and shall be submitted to the APCD for review and to the City for approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearancefor map recordation and grading. The plan shall include but not be limited to the following elements: 1. Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions; 2. Tabulation of on and off-road construction equipment (age, horse-power and miles and/or hours of operation; 3. Limit the length of the construction work-day period, if necessary; and, 4. Phase construction activities, if appropriate. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). MM AQ-2a. The Applicants shall include the following: 1. Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping. RESOLUTION NO. 4771 PAGE 78 2. Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. 3. Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. • MM AQ-2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality Handbook, applicable mitigation measures would apply to the Project as shown in the Mitigation Monitoring and Reporting Program for this project. MM AQ-3a. The Applicants shall implement the following Best Available Control Technology (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel exhaust to sensitive receptors: 1. Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on- road compliant engines; 2. Repowering equipment with the cleanest engines available; and, 3. Installing California Verified Diesel Emission Control Strategies. MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the necessary APCD permits when appropriate. To minimize potential delays, prior to the start of development within each subarea, the APCD's Engineering Division shall be contacted for specific information regarding permitting requirements. MM AQ-5a. Consistent with the City's Goal CT4 to promote transit use, the Applicants shall coordinate with the City Public Works and Community Development Department and work with SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. Finding Nine mitigation measures would help to reduce four potentially significant impacts to air quality and greenhouse gas emissions; two impacts (Impact AQ-2 and Impact AQ-5) would remain significant and unavoidable and two impacts (Impact AQ-1 and Impact AQ-3) would be reduced to a less than significant level. Evidence in Support of Finding CalEEMod was used to estimate construction air quality emissions after application of MM AQ- 1a through d, and showed construction emissions from the Project would be below the APCD thresholds (see Table 3.3-7 and Appendix E of the FEIR). See Section 3.3.4, Air Quality and Greenhouse Gas Emissions, of the FEIR, pages 3.3-18 through 3.3-22. After implementation of MM AQ-2a and b, operational emissions estimated with CaIEEMod were reduced, but ROG + NO), were still found to be above the APCD thresholds and would therefore be significant and unavoidable (Table 3.3-9 and Appendix.E of the FEIR). RESOLUTION NO. 4771 PAGE 79 The FEIR found that the Project is not located near a significant source of TACs, but the Project has the potential to produce TACs during construction and operational activities adjacent to residential uses. Implementation of MM AQ-3a and b would ensure TAC emissions generated by the Project would be less than significant near sensitive receptors as Applicants would apply appropriate diesel particulate control technology to construction equipment and obtain appropriate APCD permits for the operation of equipment. See Section 3.3.4, Air Quality and Greenhouse Gas Emissions, of the FEIR, pages 3.3-23 through 3.3-31. The FEIR evaluated Project consistency with the 2001 Clean Air Plan against population projections, vehicle trips, and use of Transportation Control Measures (TCMs), and found that although the Project incorporates land use strategies outlined in the Clean Air Plan, population growth and vehicle trip generation associated with the Project would exceed the Clean Air Plan's projections. While implementation of MM AQ-5a would expand the local transit network and potentially reduce trip generation associated with the Project, the Project would continue to exceed projections in the 2001 Clean Air Plan. See Section 3.3.4, Air Quality and Greenhouse Gas Emissions, of the FEIR, pages 3.3-33 through 3.3-36. D. Biological Resources Impact BI0-1: Project construction and major alteration of the Project site would result in a loss of low- value agricultural and disturbed ruderal habitats and potential indirect impacts to the adjacent oak woodland habitat. BIO-2: Project construction and operation has the potential to create significant impacts to the movement of native resident or migratory wildlife on the Project site. Mitigation MM B10-1a. Construction equipment and vehicles shall be stored at least 100 feet away from areas associated with the existing drainage and adjacent oak woodland habitat, and all construction vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction shall be conducted between September 1 and January 31, outside of the primary nesting season for birds, unless City-approved preconstruction nesting bird surveys are conducted that determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with the establishment of a non-disturbance buffer zone around active nest, which shall be in place until the adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings, and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be verified by the Project Environmental Monitor through submission of compliance reports. Finding Implementation of the above FEIR mitigation measures would reduce potentially significant impacts to biological resources from development to a less than significant level. Evidence in Support of Finding The FEIR found that existing habitats with the Project site are low value and impacts associated RESOLUTION NO. 4771 PAGE 80 with habitat removal would be minimal due to the fact that the Project site has been disturbed for over 60 years. However, the Project site is adjacent to .a drainage ditch with riparian vegetation and a hillside slope with oak woodland habitat. The Project would not directly impact habitat, but has the potential to have a significant impact indirectly from construction activities. Application of MM B10-1a, which requires a construction management plan to place staging and maintenance areas away from sensitive biological resources, would reduce potential indirect construction impacts to the adjacent oak woodland hillside by limiting noise, human presence, and operation of equipment near the hillside. See Section 3.4.4, Biological Resources, of the FEIR, pages 3.4-15 and 3.4-16. The FEIR and associated Biological Resources Assessment found that oak trees, -other nonnative trees, and ruderal vegetation within the Project site provide suitable nesting habitat for birds. Implementation of MM BIO-2a would reduce potential impacts to migratory birds by ensuring no nesting birds are present during vegetation removal activities. See Section 3.4.4, Biological Resources, of the FEIR, pages 3.4-17 through 3.4-18, and Appendix F. E. Hazards and Hazardous Materials Imj,act HAZ-2: Implementation of the proposed Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. HAZ-4: Implementation of the proposed Project could expose people or structures to a significant risk of loss, injury, or death involving wildland fire, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Mitigation MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. All construction employees that have the potential to come into contact with contaminated soil/bedrock and safety plan, which includes proper training and personal protective equipment. • MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to lead and other potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of soil/bedrock and groundwater shall be conducted to assess potential releases associated with the listed former adjacent land uses and the potential migration of contaminants onto the Project site. The analytical suite selected shall be consistent with those uses, and shall include applicable analytical methods for appropriate waste characterization and disposal. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation RESOLUTION NO. 4771 PAGE 81 shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce the potential for structural damage to the proposed development including: 1. A detailed description and map of fire protection apparatus and staging locations, the locations of the electric and gas shut off controls, emergency meeting locations, and emergency supply locations; and 2. Relevant building design specifications that would qualify the building for identification as a safe refuge during a wildfire. MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard areas. Require the installation of smoke detectors in all new residences. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of fire season. MM HAZ-4d. Each hotel room shall be required to have an emergency evacuation plan posted in a visible location. Additionally each room shall have a Wildfire Emergency Procedures binder, which shall include relevant information from the Wildfire Emergency Management Plan, such as the locations of safe refuges, locations of First Aid and emergency supplies, and emergency contacts within the hotel. Training requirements for front-desk hotel staff and any other staff routinely interacting with the public shall include First Aid and First Responder certification as well as annual requirements for wildfire emergency management training scenario exercises prior to the onset of fire season. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire-resistant native species. Non-native species shall not be included in the final landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, as well as locations and types of new plantings. Finding Two impacts to hazards and hazardous materials would be potentially significant. Implementation of the above eight FEIR mitigation measures would reduce all potentially significant impacts to hazards and hazardous materials to a less than significant level. Evidence in Support of Finding _ _ The FEIR found that a low potential exists for subsurface contamination within the site related to the adjacent fueling station. The Site-specific Health and Safety Plan as outlined in MM HAZ- 2a, procedures contained within MM HAZ-2b, and subsurface sampling is expected to reduce impacts in the event hazardous materials are uncovered during construction. These mitigation measures would reduce health and safety impacts from potential exposure to hazardous RESOLUTION NO. 4771 PAGE 82 materials to a less than significant level. See Section 3.6.4, Hazards and Hazardous Materials, of the FEIR, pages 3.5-14 through 3.5-16. The FEIR found that the Project site is within an area with moderate to high wildfire potential. Implementation of MM HAZ-4a through c would reduce the risk of damage or loss from wildfire with the requirement of a Wildfire Emergency Management Plan that would be reviewed by the Five Cities Fire Authority (FCFA), the use of fire-resistant building materials, and routine inspections performed by the FCFA. As Subarea '1 uses could expose persons to wildfire risks, MM HAZ-4d would require an emergency evacuation plan, staff training, and emergency procedures to reduce damage and loss in the event of a wildfire. In addition, MM HAZ-4e would apply to Subareas 1 and 2, limiting landscaping to fire-resistant and native species to reduce the amount of biofuel within the Project site. See Section 3.6.4, Hazards and Hazardous Materials, of the FEIR, pages 3.5-17 through 3.5-20. F. Hydrology and Water Quality Impact HYD-1: Construction of the proposed Project has the potential to significantly impact surface water quality from increased erosion, sedimentation and polluted runoff. HYD-3: The proposed Project would alter existing onsite drainage systems, resulting in potential impacts to the erosion, siltation, and flooding on or off the site. Mitigation MM HYD-la. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Intent (NOI) for discharge from the proposed development site. MM HYD-1 b. Storm Water Pollution Prevention Plan. The Applicants shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Public Works Department prior to the issuance of grading permits. The contractor is responsible for understanding the State General Permit and implementing the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activities on the Project site in excess of one acre, or where the area of disturbance is less than one acre but is part of the Project's plan of development that in total disturbs one or more acres. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion , control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB). The SWPPP shall be submitted to the City along with grading/development plans for review and approval. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a notice of termination of construction of the development with the RWQCB, identifying how pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site. RESOLUTION NO. 4771 PAGE 83 MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110 including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB regulations under the NPDES Phase II program. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water quality system must be reviewed and approved by the City. MM HYD-3b. Stormwater BMP. Maintenance Manual. The Applicants shall prepare a development maintenance manual for the Project, which shall include detailed procedures for maintenance and operations of any stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer's maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable maintenance organization shall submit to the City of Arroyo Grande Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. Finding Implementation of the above seven FEIR mitigation measures would reduce all potentially significant impacts to hydrology and water quality to a less than significant level. Evidence in Support of Finding The FEIR found that construction and grading activities could expose disturbed ground to erosion or introduce pollutants into stormwater runoff. Implementation of MM HYD-1a through d, which requires a SWPPP and noticing to comply with the SWRCB, would reduce stormwater related impacts resulting from construction. See Section 3.6.4, Hydrology and Water Quality, of the FEIR, pages 3.6-13 through 3.6-15. The Project would replace 15.29 acres of permeable surfaces with development containing largely impervious surfaces. Drainage conditions under the proposed Project are based on the Hydrology Report within Appendix J of the FEIR. Application of MM HYD-3a through c requires • the implementation of BMPs that would reduce impacts related to drainage patterns within the Project site. See Section 3.6.4, Hydrology and Water Quality, of the FEIR, pages 3.6-17 through 3.6-20. G. Land Use and Planning Policies Impact LU-3: The proposed Project is potentially inconsistent with adopted City policies in the-General RESOLUTION NO. 4771 PAGE 84 Plan designed to protect agricultural resources, public views, recreational resources, and reduce the threat to new developments from fire. Mitigation Implementation of mitigation measures MM VIS-1 a, MM VIS-4a, MM AG-1 a, MM HAZ-4a—e,' and MM REC-1 a would ensure that the proposed Project is consistent with adopted City policies in the General Plan that relate to reducing the threat to new development from fire; and that relate to protecting agricultural resources, public views, and recreational resources. Finding With implementation of nine proposed .mitigation measures included in other FEIR impact sections, potentially significant impacts to land use and planning policies would be mitigated to a less than significant level. Evidence in Support of Finding Project consistency with relevant General Plan policies are analyzed within Table 3.7-3 of the FEIR (pages 3.7-9 through 17), and found the Project to be potentially inconsistent with the following policies: COS1-1, LU11-2.4, Ag1-4, Ag1-4.2, S3, S3-1, and PR1. The FEIR found that implementation of MM VIS-la, MM VIS-4a, MM AG-1 a, MM HAZ-4a through e, and MM REC- 1 a would achieve consistency with the above policies and reduce impacts to less than significant. See Section 3.7.4, Land Use, of the FEIR, pages 3.7-5 through 3.7-8. H. Noise Impact NOI-1: Short-term construction activities would temporarily generate adverse noise and vibration levels that would exceed thresholds established in the City's General Plan Noise Element. NOI-3: Long-term operational noise impacts associated with the Project from the operation of stationary equipment and site maintenance activities could potentially result in the exceedance of thresholds in the City's General Plan Noise Element. Mitigation MM NOI-1 a. For all construction activity at the Project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City's Noise Standards. Such techniques shall include, but are not limited to: 1. Sound blankets on noise-generating equipment. 2. Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. 3. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. - RESOLUTION NO. 4771 PAGE 85 4. The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 5:00 P.M., Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). 5. Temporary sound barriers shall be constructed between construction sites and affected uses. MM NOI-1 b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City's Community Development Department. MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. MM NOI-3b. The Applicant (SRK Hotels) shall submit a truck traffic plan to the City Public Works Department which will address timing, noise, location, and number of deliveries for each project component. The Applicant shall cooperate with the City to ensure that impacts to noise- sensitive receptors are mitigated to the maximum extent feasible. Finding The implementation of the above FEIR mitigation measures would reduce all potentially significant noise impacts from development to a less than significant level. Evidence in Support of Finding The FEIR estimated peak construction noise levels near sensitive receptors and found that construction noise would temporarily exceed thresholds. Implementation of MM NOI-1 a and b would limit construction noise with noise attenuation techniques and noticing to residents. Residual construction noise impacts would be temporary and would occur within limited hours. See Section 3.8, Noise, of the FEIR, pages 3.8-14 through 3.8-18. • Operational noise impacts associated with the Project would be from HVAC systems and site maintenance, and would largely be associated with the proposed hotel and restaurant uses within Subarea 1. The FEIR found that noise levels associated with diesel delivery truck trips and trash pickup can reach approximately 80 dB. Implementation of MM NOI-3a and b would limit the extent of operational noise to impact sensitive receptors through the appropriate placement of HVAC systems and timing of truck deliveries. See Section 3.8, Noise, of the FEIR, pages 3.8-21 and 3.8-22. I. Recreation Impact REC-1: The proposed Project would increase the use of and need for recreational facilities, resulting in potential increased physical deterioration of existing recreational facilities. RESOLUTION NO. 4771 PAGE 86 Mitigation MM REC-la. Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a park improvement impact fee equal to the land value, plus twenty (20) percent of toward the cost of offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon the fair market value of 0.21 acres, as determined by the formula provided in Section E of Municipal Code Chapter16.64.060, immediately prior to the filling of the final map. At the discretion of the Community Development Director, this requirement may be met by one of several alternative means that would result in additional dedication of lands for recreational use, such that Project suits the need for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing proposed 0.35 neighborhood park to provide more adequate park space, implementation of trail connections from the property to proposed trails identified in the City Bicycle and Trails Master Plan, or the connection of the Project proposed Class I Bikeway located along the Project Residential Collector road with the City proposed bikeway along Trinity Avenue. Finding Implementation of the above FEIR mitigation measure would reduce potentially significant impacts on recreational resources to a less than significant level. Evidence in Support of Finding The FEIR found that Subarea 2 of the Project would generate the need of an additional 0.21 acres of parkland. Application of MM REC-1 a, which would require dedication of additional usable public recreation area and/or payment of parkland development impact fees for 0.21 acres would reduce impacts. See Section 3.9.4, Recreation, of the FEIR, pages 3.9-5 through 3.9-7. J. Transportation and Traffic Impact TRANS-1: Project construction activities would potentially create short-term traffic impacts due to congestion from construction vehicles (e.g., construction trucks, construction worker vehicles, equipment, etc.), traffic lane and sidewalk closures, and loss of on-street parking. TRANS-2: Project generated traffic would potentially cause the LOS at the Fair Oaks Avenue/Traffic Way intersection to deteriorate from acceptable to unacceptable LOS in both the AM and PM peak hours, causing a significant impact. With installation of a traffic signal, intersection LOS would be maintained at acceptable LOS. TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1 which requires improvement to LOS D. TRANS-5: The proposed Project would potentially create conflicts with turning movements at driveways and intersections on the Project site. RESOLUTION NO. 4771 PAGE 87 • Mitigation MM TRANS-la. Future development occurring under the proposed Project shall be required to prepare a Construction Transportation Management Plan for review and approval by the City prior to issuance of a building permit to address and manage traffic during construction and shall be designed to: 1. Prevent traffic impacts on the surrounding roadway network 2. Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable 3. Ensure safety for both those constructing the project and the surrounding community 4. Prevent substantial truck traffic through residential neighborhoods The Construction Transportation Management Plan shall be subject to review and approval by the following City departments: Community Development, Public Works, Fire, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following: Ongoing Requirements throughout the Duration of Construction: 1. A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the Project's construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Community Development Department prior to commencement of construction and implemented in accordance with this approval. 2. Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. 3. Streets and equipment shall be cleaned in accordance with established Public Works requirements. 4. Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. 5. Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. RESOLUTION NO. 4771 PAGE 88 6. Any requests for work before or after normal construction hours within the public right- of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. 7. Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: 1. The traveling public shall be advised of impending construction activities which may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). 2. A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-of-way shall be obtained. 3. Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. 4. Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. 5. Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the intersection of Traffic Way and Fair Oaks Avenue. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to create an exclusive right turn lane. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for construction of two roundabouts at the intersection of East Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way, or an alternative transportation improvements that would RESOLUTION NO. 4771 PAGE 89 provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project's long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. Applicants shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of East Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. MM TRANS-5a (Recommended Mitigation Measure). As part of review of permits for development of Subarea 1 and the proposed hotel/restaurant, a circulation study shall be prepared to guide driveway location, design, and ingress/egress access in such a way to ensure public safety and utility. Finding Four mitigation measures would help to reduce four potentially significant impacts on transportation and traffic; one impact (Impact TRANS-3) would remain significant and unavoidable and three impacts (Impact TRANS-1, Impact Trans-2, and Impact TRANS-7) would be reduced to a less than significant level. One mitigation measure (MM TRANS-5a) is recommended and would further reduce an impact found to be less than significant (Impact TRANS-5). Evidence in Support of Finding The FEIR found that increased construction traffic related to the Project, particularly large haul trucks and other heavy equipment (e.g., earthmovers), may disrupt local traffic flows, result in congestion at intersections, and generally slow traffic movement. Implementation of MM TRANS-1a would require the preparation of a Construction Impact Mitigation Plan, which would address construction routing and control, vehicular and pedestrian safety, pedestrian/bicycle access, temporary street closures, and construction parking. This would reduce construction traffic impacts to less than significant. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-18 through 3.10-22. Operational impacts of the Project were evaluated using trip generation, trip distribution, and trip assignments contained within the Transportation Impact Analysis Report, Appendix K of the FEIR. The FEIR found that Project traffic would exceed City thresholds for the unsignalized intersection at Fair Oaks Avenue/Traffic Way. Implementation of MM TRANS-2a, which requires the installation of a new traffic signal, would mitigate this impact. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-22 and 3.10-23, and Appendix K. The FEIR found that Project-generated traffic would result in a significant impact at the intersection of East Grand Avenue/West Branch Street. In order to mitigate this impact, construction of two roundabouts, one at East Grand Avenue/U.S. Highway 101 northbound ramps, and one at East Branch Street/Traffic Way would be required. However, the FEIR found that the cost to design and construct the roundabouts may not be proportional to the level of Project impacts at this intersections. MM TRANS-3a and b would require the Applicants to modify the lane geometry of East Grand Avenue/West Branch Street and pay a fair share contribution towards transportation improvement costs at this intersection. However, because the construction of the two roundabouts is currently unscheduled and unfunded and no other feasible mitigation measures are available, Project short-term impacts are significant and unavoidable. However, if transportation improvements at East Grand Avenue/West Branch Street are completed, long-term impacts could be reduced to less than significant. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-23 through 3.10-26, and Appendix K. RESOLUTION NO. 4771 PAGE 90 Lastly, the FEIR found that Subarea 1 access to Traffic Way would potentially create turning movement conflicts due to relatively high speed traffic coming from the U.S. Highway 101 northbound offramp onto Traffic Way. While this impact was identified as less than significant, MM TRANS-5a, which recommends a circulation study for Subarea 1, would further reduce this impact. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-27 and 3.10-28. K. Utilities and Public Services Impact UT-2: The proposed Project would require the expansion of existing utility infrastructure including water, sewer, gas and electricity into the site; the construction of which would cause potentially significant environmental effects. Mitigation Implementation of mitigation measures MM AQ-1 a-d, MM BIO-1 a, and MM NOI-1 a-b would ensure that expansion of existing utility infrastructure needed to support the proposed Project would not result in potentially significant environmental effects. Finding With implementation of seven proposed mitigation measures included in other FEIR impact sections, potentially significant impacts to utilities and public services would be mitigated to a less than significant level. Evidence in Support of Finding Expansion of utilities within the Project site is considered a construction impact, and construction impacts are described in detail within Sections 3.3, Air Quality and Greenhouse Gas Emissions, 3.4, Biological Resources, and 3.8, Noise. All construction impacts associated with the Project are mitigated to a less than significant level with application of the above mitigation measures. See Section 3.11.4, Utilities and Public Services, of the FEIR, pages 3.11- 13 and 3.11-14. VII. SUMMARY OF SIGNIFICANT AND UNAVOIDABLE ADVERSE EFFECTS With respect to the foregoing findings and in recognition of those facts that are included in the record, the City Council has determined that the proposed Project will result in significant unmitigated impacts to Air Quality and Traffic, as follows: 1. Air Quality and Greenhouse Gas Emissions: - a. The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. b. The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD's 2001 Clean Air Plan. 2. Transportation and Traffic: a. Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS .F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level • RESOLUTION NO. 4771 PAGE 91 consistent with the requirements of City General Plan Policy CT2-1 which requires improvement to LOS D. VIII. PROJECT ALTERNATIVES Legal Requirements Section 15126.6(a) of the State CEQA Guidelines requires that an EIR include a "reasonable range of alternatives to the project, or to the location of the project, which would avoid or substantially lessen any significant effects of the project." Based on the analysis in the EIR, the Project would be expected to result in significant and unavoidable impacts to Air Quality and Traffic. The EIR alternatives were designed to avoid or reduce these significant unavoidable impacts, while attaining at least some of the proposed objectives of the Project. The City Council has reviewed the significant impacts associated with the reasonable range of alternatives as compared to the Project, and in evaluating the alternatives has also considered each alternative's feasibility, taking into account a range of economic, environmental, social, legal, and other factors. In evaluating the alternatives, the City Council has also considered the important factors listed in the Statement of Overriding Considerations listed in Section IX below. Public Resources Code Section 21081(a)(3) provides that when approving a project for which an environmental impact report has been prepared, a public agency may find that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report and, pursuant to Section 21081(b) with respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment as more fully set forth in Section IX below. Alternatives Considered but Discarded The following alternatives were considered but eliminated from further analysis by the Lead Agency due to infeasibility, inconsistency with primary Project objectives, or inability to reduce significant impacts: Other Comparable Sites Alternative Under the Other Comparable Sites Alternative, the proposed Project would be located at another large, predominantly vacant property. Potential offsite alternative locations were screened for consideration based on size requirements (approximately 15 acres) and objectives for residential and commercial development, similar to the proposed Project. Potential sites generally consisted of other agricultural parcels located along the City boundary, which would not necessarily result in a reduction of impacts, and some identified sites could potentially result in increased traffic congestion, -as well as impacts to hydrology and water quality, and biological resources. Therefore, this alternative was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Circulation Planning Alternative An alternative circulation plan to avoid or lessen traffic and transportation safety impacts was considered, including realignment of onsite roadways and/or connection points to surrounding roadways, as well as, improved connectivity for onsite and offsite pedestrian and bike facilities. However, contribution to AM and PM peak hour level of service (LOS) 'F' impacts at the East Grand Avenue/West Branch Street intersection were determined to be significant and unavoidable RESOLUTION NO. 4771 PAGE 92 under this alternative and would not be reduced compared to the proposed Project. Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Agricultural Preserve Alternative Preservation of the Project site solely for agricultural production, facilitated through an agricultural preserve designation, was considered as an alternative. However, this alternative would. be inconsistent with the City's General Plan/Land Use Map designation intended for traffic mixed-use development in Subarea 1. In addition, this alternative would not meet the Project objectives, which include the provision of historical, recreational, and residential opportunities that complement and augment existing uses in the City. Finally, this alternative would not be necessary to reduce potentially significant impacts since the proposed Project would meet City policies through agricultural land dedication and payment of in-lieu mitigation fees. Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Additional Park and Recreational Facilities Development of a portion of.the Project site (Subarea 1) for additional park and recreational facilities was considered as an alternative to the proposed ProjectThis would increase the ratio of park land acres per resident as required by policies and standards in the City's General Plan Parks and Recreation Element. However, this alternative would be inconsistent with the City's General Plan/ Land Use Map for Subarea 1, and would not be necessary since the proposed Project could meet City park standards and reduce potentially significant impacts by dedicating and improvement the proposed neighborhood park and through payment of in-lieu mitigation fees. Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Alternatives Considered for Analysis Alternative 1:No Project Alternative Description Under the No Project Alternative, the Project would not be approved and no proposed development would occur. This alternative could result in two possible outcomes. Under one possible outcome,,the No Project Alternative would be a continuation of the existing setting. The Project site would remain vacant for the foreseeable future and no development would occur. Under this alternative, ongoing agricultural production would continue in Subarea 2 and 3, with associated water use, application of pesticides and herbicides and other ongoing impacts (e.g., dust generation). Subarea 3 would retain its agricultural zoning and would remain undeveloped for the foreseeable future. Subarea 1 may remain a fallow agricultural field unless agricultural uses are resumed. No new hotel/restaurant or residences would be constructed and no associated new source of automobile trips would be generated with impacts to congestion, air pollutants, and GHG emissions. In addition, the Japanese Welfare Association (JWA) cultural heritage and historic garden facility would not be developed. Therefore, no changes would occur with regard to aesthetics, agricultural resources, air quality, biological resources, hazards and hazardous materials, hydrology and water quality, land use, noise, recreation, transportation and traffic, or utilities and public services. A second possible outcome of the No Project Alternative would be development of the Project site in accordance with the City's existing zoning and General Plan/Land Use Map. The City's General Plan/Land Use Map identifies the Project site land use as Mixed-Use (Subarea 1) and Agriculture (Subareas 2 and 3), and defines residential densities, subdivision designs, envisioned mixed uses, and design standards to address land use compatibility between varied uses onsite and with the surrounding neighborhood. The current zoning designation for the Project site is Traffic Way Mixed-Use (TMU) with D-2.11 Design Overlay (Subarea 1) and Agriculture (Subareas 2 and 3), RESOLUTION NO. 4771 PAGE 93 consistent with the City's General Plan. Under this version of the No Project Alternative, ongoing agricultural production would continue within Subareas 2 and 3; however, potential development of Subarea 1 could result in a variety of automobile-related developments (e.g., automobile sales, automobile parts sales, tire store, quick vehicle lubrication shop, and automobile care center), ranging from approximately 13,000 to 38,000 square feet (sf) of floor area, as intended by the zone designation, or other mixed-use commercial/retail uses under a use permit, including hotel/restaurant, similar to the proposed Project. Environmental impacts similar to the proposed Project would occur as a result of hotel/restaurant development in Subarea 1 under a conditional use permit (CUP) (i.e., significant and unavoidable impacts to LOS at the East Grand Avenue/West Branch Street intersection from the new source of automobile trips). Impacts to the Project site as a whole would be reduced compared to the proposed Project. In addition, impacts to agricultural resources and land use would be less than significant, as development of Subarea 1 for this use would be consistent with existing land use and zoning. While this Subarea contains prime farmland soils, the site is designated for development, and loss of these soils is already anticipated in plans for City build-out. Impacts to other resource areas, including aesthetics, biological resources, hydrology and water quality, land use, noise, recreation, and utilities and public services would be less than under the proposed Project and would have less than significant impacts. Comparison to the Proposed Project Overall, neither outcome of the No Project Alternative would achieve the stated Project objectives. The No Project Alternative would reduce the magnitude of impacts to traffic and air quality emissions. As the No Project Alternative would not involve the development of Subareas 2 and 3, operational air quality emissions would be reduced and would be below APCD's air quality emissions thresholds and would achieve greater consistently with the CAP; however, traffic impacts would still potentially be significant under the No Project Alternative, in particular, LOS at the East Grand Avenue/West Branch Street intersection. Finding Implementation of the No Project Alternative would result in less adverse environmental impacts than the proposed Project; however, project objectives would not be met. Alternative 2:Reduced Development Alternative Description The Reduced Development Alternative is designed to meet the central objectives of the proposed East Cherry Avenue Specific Plan, namely, to provide for historical, recreational, and residential opportunities that both complement and augment the existing uses in the City. However, this alternative would reduce the scale and intensity of proposed development, and associated trip generation and intersection congestion, air pollutants, and GHG emissions generated by new source of automobile trips. Under this alternative, reductions within the hotel/restaurant component in Subarea 1 and the residential component in Subarea 2 would reduce the number of hotel rooms/restaurant size and the number of residences compared to the proposed Project. The specific square footage and number of units reduced under this alternative was determined based on trip reduction necessary to reduce potential impacts at the Fair Oaks Avenue/Traffic Way intersection from a less than significant unavoidable impact with mitigation under the. proposed Project, to a less than significant impact with mitigation. • Subarea 1. Based on a traffic level reduction required to reduce impacts to the Fair Oaks Avenue/Traffic Way intersection, the proposed number of hotel rooms in Subarea 1 would be reduced from approximately 100 to 70, and the restaurant size would be reduced from approximately 4,000 to 3,000 sf. RESOLUTION NO. 4771 PAGE 94 • Subarea 2. Based on traffic level reduction required to reduce impacts to the Fair Oaks Avenue/Traffic Way intersection, the number of proposed residences in Subarea 2 would be reduced from 58 to 40. • Subarea 3. Development within Subarea 3 would the same as under the proposed Project. Based on these development reductions and a traffic rate of 8.92 trips/unit/day, traffic generated by the development of a 70 unit hotel would result in a total of 624.4 trips per day, with an AM peak trip level of 46.9 and a PM peak trip level of 70.7. For the Subarea 2 development, a traffic rate of 9.52 trips/unit/day for a 40 housing units would equate to a total of 380.3 trips per day, with an AM peak trip level of 30.0 and a PM peak trip level of 40.0. Under these reduced development plans, total trips per day would be reduced by approximately 449 trips/day, from a total of 1,646 trips/day generated under the proposed Project, to 1,197 trips/day, with an AM peak trip level of 76 and a PM peak trip level of 104 for the Project. Initial traffic analysis indicates that the reductions in hotel rooms/restaurant size and residences under this alternative would reduce delays and congestion the Fair Oaks Avenue/Traffic Way intersection to a less than significant impact, and implementation of any mitigations measures required under the proposed Project would not be required. Despite a reduction in trips generated by reduced development of the Project, implementation of this alternative would not reduce traffic impacts at the East Grand Avenue/West Branch Street intersection below a significant and unavoidable impact; therefore, impacts at this intersection would remain the same as those anticipated under the proposed project. In addition, reduced employment could incrementally reduce long-distance commuting. Therefore, this alternative would reduce, but not eliminate all of the proposed Project's significant impacts to traffic and transportation. Short-term air quality impacts would be slightly less than those described for the proposed Project as a result of decreased construction building size for the hotel/restaurant and number of residences, but remain less than significant with mitigations. Operational air quality impacts would be reduced as smaller development would result in fewer automobile trips for hotel/restaurant patrons and residents, and a decrease in air pollutants and GHG emissions when compared to the proposed Project. With the reduction in daily trips due to reduced development of the Project, this alternative would further reduce operational air quality emissions, and impacts would potentially be less than significant. This alternative would also potentially achieve CAP consistency if standard mitigation measures within the CAP are applied. Visual impacts would be slightly less than under the proposed Project due to the decrease in square footage of new building space and resulting views of a reduced scale and intensity development from U.S. Highway 101 and surrounding streets. Lighting and glare impacts would also be somewhat less due to the decreased amount of development in proximity to the existing residential uses surrounding the site. Similar to the proposed Project, standards for outdoor lighting would be applied, per Section 16.48.090 of the City Municipal Code, and exterior light fixtures would be shielded and directed downward to avoid light spill and glare, per Project Design Guidelines and General Plan Policy Ag/C/OS.23. Overall aesthetics impacts would remain less than significant. Short- and long-term noise impacts associated with reduced development of Subarea 1 (i.e., construction, maintenance and pickup/delivery activities, and noise-generating rooftop equipment such as air conditioners or kitchen ventilation systems) would be slightly less than under the proposed Project due to the reduced development size and close proximity of residential units onsite. Mitigation measures listed within Section 3.8, Noise, would continue to be applied to this alternative in order to reduce impacts to below a less than significant level. Similarly, impacts to utilities and public services would slightly decrease with the reduced hotel rooms/restaurant size RESOLUTION NO. 4771 PAGE 95 and dwelling units requiring water, wastewater, solid waste, and police and fire services, and would be less than significant. Impacts to recreation, associated with the City's required parkland-resident ratio of 4 acres per 1,000 individuals, would be reduced due to the decrease in residential units and individuals. The number of single-family medium-density residences in Subarea 2 would be reduced from 58 to 40, with an associated reduction in individuals from 140 to 96. Under this alternative, the estimated 96 new residents would require 0.38 acres of parkland to meet City standards. Therefore, the proposed Project's development of a 0.35-acre neighborhood park within Subarea 2 would require the dedication of an additional 0.03 acres of parkland. Similar to the proposed Project, mitigation for payment of a park improvement in-lieu fee equal to the fair market land value, plus twenty (20) percent toward the cost of offsite improvement, for the additional 0.03 acres of parkland would reduce impacts to less than significant. Comparison to the Proposed Project Impacts to agriculture, biology, hazards and hazardous materials, hydrology and water quality, and land use under the Reduced Development Alternative would be slightly less or similar to those described for the proposed Project. All proposed Project mitigation measures would also apply under this alternative. Overall, this alternative would reduce impacts to transportation and GHG emissions. However, LOS impacts at the East Grand Avenue/West Branch Street would continue to be significant and unavoidable. Finding Implementation of the Reduced Development Alternative would result in less adverse environmental impacts than the proposed Project. This alternative has been identified as the environmentally superior alternative, but Project objectives would only be partially met. IX. STATEMENT OF OVERRIDING CONSIDERATIONS As set forth in the preceding sections, the City's approval of the East Cherry Avenue Specific Plan Project will result in environmental impacts that cannot be substantially lessened or avoided. The following adverse impacts of the proposed Project are considered significant and unavoidable based on the Final EIR, and conclusions and findings of the City Council. While mitigation measures would reduce these impacts, impacts would remain significant and unavoidable. A. Project-Level Impacts Impact AQ-2: The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. This impact is significant and unavoidable. Impact AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD's 2001 Clean Air Plan. This impact is significant and unavoidable. Impact TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City RESOLUTION NO. 4771 PAGE 96 General Plan Policy CT2-1 which requires improvement to LOS D. Therefore, this impact is significant and unavoidable. B. Cumulative Impacts Air Quality and Greenhouse Gas Emissions: Long-term operation of the proposed Project would contribute cumulatively and considerably to localized air quality emissions throughout the City and region. Therefore, the Project contribution to cumulative impacts to air quality and greenhouse gases would result in significant and unavoidable effects. Transportation and Traffic: Under cumulative conditions, significant LOS impacts would continue to occur at the intersection of East Grand Avenue/West Branch Street, which cannot be readily mitigated in a known timeframe because of lack of funding and programming. Therefore, the Project contribution to cumulative impacts to transportation and traffic is considered significant and unavoidable. C. Conclusion Section 15093 of the CEQA Guidelines requires the decision-making agency to balance the economic, legal, social, technological, or other benefits of a proposed Project against its unavoidable impacts. When the lead agency approves a project that will result in significant effects identified in the Final EIR that are not avoided or substantially lessened, the agency must state in writing the reasons in support of its action based on the Final EIR and the information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. Accordingly, the following Statement of Overriding Considerations with respect to the proposed Project's significant unavoidable impacts is hereby adopted. The City Council has balanced the benefits of the proposed Project against its unavoidable adverse environmental risks in determining whether to approve the proposed Project. The City Council finds that the economic, social and other benefits, which would result from development of this proposed Project, outweigh the unavoidable environmental impacts identified above. In making this finding, the City Council considered benefits of the proposed Project to outweigh the unavoidable adverse environmental effects, for the following reasons: • The City Council finds that development of the Project site with commercial mixed uses and residential uses that could be allowed under the Specific Plan would be consistent with the City of Arroyo Grande's General Plan. • The creation of new housing stock may enhance the City's job-housing balance and provide opportunities for increased employee-residents, which could result in reductions to resident commutes outside the City boundaries. • Development of commercial uses that could be allowed under the Specific Plan would contribute toward the Transient Occupancy Tax revenues and would generate new employment opportunities for City residents. • Short-term construction-related employment will be provided for development of all three Subareas. RESOLUTION NO. 4771 PAGE 97 • Additionally, the proposed Project would meet City goals of improvement of transportation and circulation; and enhancement of cultural, educational, and recreational opportunities within the community. Benefits of the proposed Project that the City Council considered are described below: • Subarea 1 has been long recognized in the City's General Plan for projects that would accommodate appropriate (i.e., in character and appearance) and revenue-generating development. • Future development in Subarea 1 under the Specific Plan would provide more opportunities for businesses to be located within the Project site, which would provide more employment opportunities for residents and attract new residents to the City. • Future development in Subarea 1 under the Specific Plan would increase the number of employees within Subarea 1 of the Project site, which would provide additional opportunities for existing businesses in the area. • Future development in Subarea 1 under the Specific Plan would increase local government revenues via additional business tax, which in turn would be used to enhance City services. • Residential components of the Specific Plan would contribute to the City's affordable housing via the in-lieu fee. • Design guidelines and standards for the Traffic Way/Station Way include special considerations for anticipated visitor-serving uses, and shared parking. • Provision of Class II bicycle lanes in both directions along East Cherry Avenue, parallel to the Project's northern boundary. • Provision of public sidewalks, parkways, and parking along East Cherry Avenue and the Project Boundary. • Provision of public sidewalks, parkways, parking, along segments of the Project's interior road system, including a Class II bicycle lane along the Project Collector Road. • Design and construction of a traffic signal at the Fair Oaks Avenue/Traffic Way intersection would minimize impacts to the intersection and be a benefit to the community/neighborhood for pedestrian enhancement. • Residential development would foster neighborhood connectivity through the design of streets, sidewalks/pathways, and alternative modes of transportation. • Subarea 3 would include three garden zones and would provide community benefits in the forms of cultural, educational, and passive recreational opportunities. The above statements of overriding considerations are consistent with, and substantially advance, the following goals and policies of the City's General Plan: City of Arroyo Grande General Plan Circulation Element: Goal CT3 — Maintain and improve existing "multi-modal" circulation and transportation systems and facilities, to maximize alternatives to new street and highway construction. RESOLUTION NO. 4771 PAGE 98 Policy CT3-3 — Promote non-motorized bike and pedestrian circulation facilities to serve all areas of the City and linking regional systems, with priority coordination with school, park, transit and major public facilities. Goal CT4 — Ensure compatibility and complementary relationships between the circulation/transportation system and existing and planned land uses, promoting environmental objectives such as safe and un-congested neighborhoods, energy conservation, reduction of air and noise pollution, transit, bike and pedestrian friendly characteristics. Economic Development Element: Goal ED3 — Enhance business retention and expansion consistent with the General Plan Land Use Policies to promote and enhance baseline job opportunities within the City for local residents. Policy ED3-3 — Incorporate zoning regulations that promote infill development with opportunities for retaining and expanding businesses. Policy ED3-4 — Continue to balance economic goals with strong policies and programs that promote and maintain the community's environment, quality of life, and rural. character. Goal ED5 — Pursue unique opportunities to promote continuity within commercial service and retail business sectors of the City. Policy ED5-1 — Promote local patronage and strong performance in satisfying local demand for goods and services and the creation of additional jobs. Land Use Element: Goal LU9 — Provide for appropriate maintenance, development and placement of Community Facilities (CF) relative to existing planned land uses. Policy LU9-4 — Ensure that new developments provide opportunities for recreation that are commensurate with the level and type of development. Ensure that recreational uses are compatible with surrounding uses and with sensitive resources that may be present. Goal LU10-2 — For relatively large properties or sites involving diverse adjoining land uses or unusual or unique features, the City may utilize a "Planned Development" or "Specific Plan" combining designation or land use classifications. Policy LU10-2.3 — Encourage appropriate use of Specific Plans, and/or Planned Development combining designation with beneficial features that could not otherwise be achieved. Examples of such features include clustering houses and maintaining open spaces, mixed use, and a design that is sensitive to the site as a whole and its setting. The Council hereby finds that each of the reasons stated above constitutes a separate and independent basis of justification for the Statement of Overriding Considerations, and each is able to independently support the Statement of Overriding Considerations and override the RESOLUTION NO. 4771 PAGE 99 • proposed Project's unavoidable environmental effects. In addition, each reason is independently supported by substantial evidence contained in the administrative record. All proposed Project impacts, including the effects of previously identified cumulative impacts, are covered by this Statement of Overriding Considerations. X. MITIGATION MONITORING AND REPORTING PROGRAM The City Council recognizes that any approval of the proposed Project would require concurrent approval of a Mitigation Monitoring and Reporting Program (MMRP), which ensures performance of identified mitigation measures. Such an MMRP would identify the entity responsible for monitoring and implementation, and the timing of such activities. The City will use the MMRP to track compliance with proposed Project mitigation measures. The MMRP will remain available for public review during the compliance period. The MMRP is included as part of the Final EIR, and is hereby incorporated by reference, and included as Exhibit D to this Resolution. XI. THE RECORD • The environmental analysis provided in the EIR and these findings are based on and are supported by the following documents, materials and other evidence, which constitute the administrative record for the approval of the Project: A. All application materials for the Project and supporting documents submitted by the applicant, including but not limited to those materials constituting the Project and listed in Attachment A, B and C to the January 10, 2017 City Council staff report. B. The NOP, comments received on the NOP and all other public notices issued by the City in relation to the EIR (e.g., Notice of Availability). C. The Draft EIR, the Final EIR, all appendices to any part of the EIR, all technical materials cited in any part of the EIR, comment letters, oral testimony, responses to comments, as well as all of the comments and staff responses entered into the record orally and in writing between April 11, 2016 and May 26, 2016. D. All non-draft and/or non-confidential reports and memoranda prepared by the City and consultants related to the EIR, its analysis and findings. E. Minutes and transcripts of the discussions regarding the Project and/or Project components at public hearings or scoping meetings held by the Planning Commission and the City Council. F. Staff reports associated with Planning Commission and Council Meetings on the Project and supporting technical memoranda and any letters or other material submitted into the record by any party. G. Matters of common knowledge to the City Council that they consider, such as the Arroyo Grande General Plan, any other applicable specific plans or other similar plans, and the Arroyo Grande Municipal Code. XII. LOCATION AND CUSTODIAN OF RECORDS The documents and other materials that constitute the record of proceedings on which the City Council findings regarding the mitigation measures and statement of overriding considerations are based are located and in the custody of the Community Development Department, 300 E. Branch Street, Arroyo Grande, CA 93420. The location and custodian of these documents is RESOLUTION NO. 4771 PAGE 100 provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e). XIII. FILING NOTICE OF DETERMINATION The City Council hereby directs the Community Development Department to file a Notice of Determination regarding the approval of the Project within five business days of adoption of this resolution. RESOLUTION NO. 4771 PAGE 101 EXHIBIT D MITIGATION MONITORING AND REPORTING PROGRAM The following Mitigation Monitoring and Reporting Program (MMRP) provides a summary of each mitigation measure for the proposed East Cherry Specific Plan (Project) and the monitoring implementation responsibility for each measure. The MMRP for the proposed Project will be in place through all phases of the Project, including design, construction, and operation. RESPONSIBILITIES The City of Arroyo Grande (City) will act as the lead implementing agency and approve a program regarding reporting or monitoring forthe implementation of approved mitigation measures for this project to ensure that the adopted mitigation measures are implemented as defined in the Final Environmental Impact Report (EIR) for the East Cherry Avenue Specific Plan. For each NMZP activity, the Applicants will either administer the activity or delegate it to staff, consultants, or contractors. The Applicants will ensure that monitoring is documented as required and that deficiencies are promptly corrected. The designated environmental monitor depending on the provision specified below (e.g., City staff, environmental monitor, certified professionals, etc.) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The City or its designee(s) will ensure that each person delegated any duties or responsibilities is qualified to monitor compliance. MONITORING PROCEDURES Many of the monitoring procedures will be conducted during the construction phase of the Project. The City or its designee(s) and the environmental monitor(s) are responsible for integrating the mitigation monitoring procedures into the construction process in coordination with the Applicants. To oversee the monitoring procedures and to ensure success, the environmental monitor assigned to a monitoring action must be onsite during the applicable portion of construction that has the potential to create a significant environmental impact or other impact for which mitigation is required. The environmental monitor is responsible for ensuring that all' procedures specified in the monitoring program are followed. RESOLUTION NO. 4771 PAGE 102 MONITORING TABLE For each mitigation measure, Table 1 identifies 1) the full text of the mitigation; 2) plan requirements and applicable timing; 3) and how the action will be monitored and the agency responsible for verifying compliance. tri p n Table 1. Mitigation Monitoring Table A,_....a:...;�_.�-.. _.._ ..--_._-.. _ ......_ ... _.-.--..._-... Plan Requirements& � �, � : Mitigation Measure : Tiig .-... '- Ma�itaring._.. :_ . V, ' Aesthetics and Visual Resources ' MM VIS-la The Architectural Review Committee shall review Project design and consider I The City shall ensure I The City shall ensure b impacts to the scenic resources available on or adjacent to the Project site, with particular I design of the Project I adequate protection of consideration to the Santa Lucia Mountains. This includes the review of building siting, height, I does not obstruct 1 scenic resources massing, design, and setbacks. The Architectural Review Committee shall determine whether i important views of j present onsite,from structures obstruct important views of scenic resources, and/or propose design alterations to reduce scenic resources.The ' the Project site,or impacts to important views of scenic resources. I Applicants shall I from adjacent viewing incorporate I areas/corridors during recommendations to planning and design protect scenic resources I review. and/or views into the oI Project design prior to La permit approval. MM VIS-4a Upon review of the Project, the Architectural Review Committee shall consider the The Architectural ' The City shall ensure crQ minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the Review Committee street lighting h visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate shall ensure the Project I proposed by the o streetlights and security lighting for public safety. does not introduce I Project does not sources of lighting that ; unnecessarily obstruct o would unnecessarily orthe quality of the R. excessively disrupt the , nighttime sky while ° quality of nighttime continuing to provide a ag sky,while continuing sufficient amount of to allow lighting for I lighting to ensure R. public safety and I public safety. o security.The '0 I Applicants shall 0- incorporate ug recommendations to I-d reduce nighttime lighting impacts into ...................... . . rri Table 1. Mitigation Monitoring Table (Continued) ,-,- Plan Requirements& monitoring__ ,, i . . n „ . . . Mitigation Meapre . .' ,Timing_ _ _ - no the Project design prior to development plan or ci) 1 permit approval. co ,C2. Agricultural Resources o MM AG-2a The Applicant(Arroyo Grande Valley JWA)shall mitigate for the loss of 1.74 acres ! Notices,in-lieu fees 1 The City shall ensure ofprime farmland soils within Subarea 3 pursuant to General Plan Goal Agl and related policies. At ! and/or agricultural 1 compliance with the the discretion of the City Council, options may include, but not be limited to: 1)Applicant to purchase I conservation easements I Agriculture, a parcel of land(size to be determined by City Council)to be put into an agricultural conservation I shall be submitted for 1 Conservation and easement, 2)Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and preserving ! review and approval by i Open Space Element agricultural land; 3) Council may determine that the 9.79-acre parcel intended to mitigate the loss of I the City prior to permit I of the General Plan. prime soils for Subarea 2 also mitigates impacts within Subarea 3; or 4)any other approach I approval for applicable ! The City Council shall determined to be acceptable to the City Council to satis.b,the intent of General Plan Goal Agl and I development areas make the final decision related policies. I within the Specific I on the specific 1i In making their determination, the City Council may consider the following circumstances: 1)the loss ! Plan. requirements for mitigation ..i of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is considered less agricultural4 permit to p than significant based on the LESA methodology(see Impact AG-1); and 2)Subarea 3 has not prior .. historically been in agricultural production. 1 approval for the CM ,-t- 1 I Project. .. • , ! 0 • • • Based on the above considerations,on July 26,2016, the City Council determined that no additional 1 , 4 ! : 0 mitigation measures(either dedicated land or fees)will be required,provided that development for 1 ! Subarea 3 is in substantial conformance with what is described in the Specific Plan. I 1 5 0 Air Quality and Green house Gas Emissions . CrQ MM AQ-la The following standard air quality mitigation measures shall be implemented during I The Applicants are• I City staff shall ensure construction activities activities at the Project site: 1 required to show I measures are on plans. 7zi and building and Grading cp I • Reduce the amount of disturbed area where possible; measures on grading1-0 and building plans and inspectors shall spot 0 • I • Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle adhere to measures check;Grading and 5. movement damp enough to prevent dust from leaving the site.At a minimum, crq this would require i throughout all grading, building inspectors twice-daily applications.All dirt stock pile areas should be sprayed daily as needed.Increased hauling,and I shall ensure ,t watering frequency would be required when wind speeds exceed 15 miles per hour(mph). o 1 construction activities. I compliance onsite. crq Reclaimed water(non-potable)shall be used; ! Dust control APCD inspectors shall • trl Table 1. Mitigation Monitoring Table � E�•.�«rr,.,.•M,,..._rw..«..,v... gyp. w ex�W Requirements& , �,.n.. rv,• _ .� Ilan "l a.r ::_. ` i., Mitigation Measure? � _ . Trming * Monitoring • All dirt stock pile areas should be sprayed daily as needed; I requirements shall be conduct periodic site • Permanent dust control measures identified in the approved project revegetation and noted on all grading visits to ensure landscape plans should be implemented as soon as possible following completion of any soil and building plans.The ; compliance acid a j contractor or builder respond to nuisance disturbing activities; {i shall provide City 1 complaints. o Exposed ground areas that are planned to be reworked at dates greater than one month after monitoring staff and Isg' initial grading shall be sown with a fast germinating native grass seed and watered until vegetation ` the APCD with the 0 ! is established; name and contact • All disturbed soil areas not subject to revegetation shall be stabilized using approved information for an chemical soil binders,jute netting, or other methods approved in advance by the APCD; assigned onsite dust • All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. j control monitor(s)who In addition, building pads should be laid as soon as possible after grading unless seeding or soil has the responsibility binders are used, to: a)assure all dust control requirements )—, • Vehicle speed for all'construction vehicles shall not exceed 15 mph on any unpaved surface at ! are complied with c) the construction site; including those • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain I covering weekends and at least two feet offreeboard in accordance with California Vehicle Code Section 23114; holidays,b)order 1Q Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off increased watering as o • trucks and equipment leaving the site; necessary to prevent transport of dust 4 • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved offsite,c)attend the o roads. Water sweepers with reclaimed water should be used where feasible; pre-construction o • All of these fugitive dust mitigation measures shall be shown on grading and building plans; meeting.The dust and monitor shall be CM designated prior to • The contractor or builder should designate a person or persons to monitor the fugitive dust Ipermit issuance.The control emissions and enhance the implementation of the measures as necessary to minimize dust ; dust control complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust components apply from ; o offsite. Their duties shall include holiday and weekend periods when work may not be in progress. the beginning of any 5• The name and telephone number of such persons shall be provided to the APCD Compliance grading or construction va Division prior to the start of any grading, earthwork or demolition. b throughout all development activities ( u°.-14 until Final Building P til Table 1. Mitigation Monitoring Table (Continued) _ _ ._ M.- .., .wa W.k _ _ .__.w...a�,. _._ ..w. _..•µw _ .-__ __ -._ ... ... ....Plan Requirements& _ 1 n $ Mitigation Measure_ _ _ „ Tuning Monitoringmm hinI Inspection Clearance is issued and landscaping ,� I is successfully installed. MM AQ-lb The following standard air quality mitigation measures for construction equipment The Applicants are City staff shall ensure C shall be implemented during construction activities at the Project site: required to show mGradineasuresg are on plans. • Maintain all construction equipment in proper tune according to manufacturer's measures on grading and building specifications; and building plans and ' inspectors shall spot adhere to measures I check;Grading and • Fuel all off-road and portable diesel powered equipment with CARB-certified motor vehicle throughout all grading, I building inspectors diesel fuel(non-taxed version suitable for use off-road). I hauling,and j shall ensure • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road ; construction activities. compliance onsite. heavy-duty diesel engines, and comply with the State off-Road Regulation; APCD inspectors shall I •• Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for conduct periodic site o on-road heavy-duty diesel engines and comply with the State On-Road Regulation; visits to ensure rn compliance and 4 j • Construction or trucking companies with fleets that do not have engines in their fleet that 1respond to nuisance I meet the engine standards identified in the above two measures(e.g. captive or NOx exempt area complaints. CIO,-t - fleets)may be eligible by proving alternative compliance; ,-' • On-and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five- 1 a minute idling limit; 1 • Diesel idling within 1,000 feet of sensitive receptors in not permitted; ' 0 • • Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors; • Electr'equipment when feasible; • Substitute gasoline powered in place of diesel powered equipment, where feasible; and I I • Use alternatively fueled construction equipment onsite where feasible, such as compressed 1 I o 'natural gas(CNG), liquefied natural gas (LNG),propane or biodiesel. i '6• MMAQ-Ic A Construction Activity Management Plan shall be included as part of Project I The Applicants are i City staff shall ensure b grading and building plans and shall be submitted to the APCD for review and to the City for approval j required to show , measures are on plans. cm prior to the start of construction.In addition, the contractor or builder shall designate a person or I measures on grading Grading and building •t tri Table 1. Mitigation Monitoring Table (Continued) }• ii _,• ,; s Plan Requirem►enfs&. '__. _.._.._._ _:_ ____._. Mitigation Measure _._ _ w' u...._ .. _.. . _. Timing ° :' ' iVionitarin u ; opersons to monitor the dust control program and to order increased watering, as necessary, to prevent I and building plans and I inspectors shall spot transport of dust offsite. Their duties shall include holidays and weekend periods when work may not I adhere to measures ' check;Grading and 4 I be in progress. The name and telephone of such persons shall be provided to the APCD prior to land j throughout all grading, ' building inspectors 2 j use clearance for map recordation and grading. The plan shall include but not be limited to the ' hauling,and shall ensure +i following elements: ; construction activities. compliance onsite. APCD inspectors shall b • Schedule construction truck trips during non peak hours(as determined by the Public Works p ' Director)to reduce peak hour emissions; conduct periodic site visits to ensure • Tabulation of on and off-road construction equipment(age, horse power and miles and/or i compliance and hours of operation; ' respond to nuisance • Limit the length of the construction work-day period, if necessary; and, : complaints. • • Phase construction activities, if appropriate. MMAQ-1 d To reduce ROG and NOx levels during the architectural coating phase, low or no I The Applicants are I City staff shall ensure VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint required to show I measures are on plans. o (Odorless, Zero VOC Paint). : measures on building I Building inspectors v plans. ' shall spot check and • ensure compliance n' ! onsite.APCD inspectors shall 0 conduct periodic site 4 visits to ensure o compliance and o' ; respond to nuisance . complaints. oca The Applicants are . City staff shall ensure MMAQ-2a The Applicants shall include the following: required to implement measures are on plans. • Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense I the above standard 1 City staff can work ' Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed spray 1 mitigation measures I with the Applicants to o irrigation on all plants other than turf also including the EPA WaterSense Label, achieving 15 from the APCD CEQA I ensure that these 5. percent reduction in outdoor landscaping. i Air Quality Handbook ` strategies are v4 includingthose implemented.APCD b • Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 i . o . GA percent reduction in waste disposal, and use waste efficient landscaping. specified above prior to inspectors or other _.I Citylpproved __ tri Table 1. Mitigation Monitoring Table (Continued) . Plan Requirements& Mitigation Measure Timing _m ._..: Monitoring __w....? • Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area development plan or compliance monitors disturbed in accordance with CARB Rule 403. permit approval.City shall conduct periodic staff shall ensure the 1 site visits to ensure o ; above measures are compliance and incorporated into the respond to nuisance development plan and complaints. building plans prior to .................................................... ...................................................... . permit issuance. ooaq 0 4 0 0 oa CD c� 0 a cr4 0 tri Table 1. Mitigation Monitoring Table(Continued) PlanReats &n Mitigation • Tixing Mvnitari g_ . CD MMAQ-2b Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air The Applicants are City staff shall ensure Quality Handbook, the following mitigation measures would apply to the Project. required to implement measures are on plans. '� Mitigation Measures Included from APCD CEQA Air Quality Handbook the above standard I City staff can work co 2. Applicant(s)Will mitigation measures with the Applicants to Measure Pollutant Include This 1711 from the APCD CEQA ensure that these d # Measure Type Mitigation Measure Reduced' Mitigation Air Quality Handbook strategies are ! Applicable to All Subareas including those implemented.APCD 1• Site design, Improve job/housing balance 0,P,GHG All specified above prior to inspectors or other Transportation opportunities within Subarea 2 will pay development plan or City-approved communities. affordable housing permit approval. City compliance monitors in lieu fee. staff shall ensure the shall conduct periodic Subarea 3 would be above measures are site visits to ensure below market rate. . incorporated into the compliance and 2• Site design Orient buildings toward streets 0,P,GHG All ; development plan and respond to nuisance with automobile parking in the building plans prior to ' complaints. vD rear to promote a pedestrian- - permit issuance. friendly environment. ~• 3• Site design Provide good access to/from the 0,P, GHG All ua development for pedestrians, Improvements to I o• bicyclists, and transit users. East Cherry Avenue i 0 include new bicycle 4 lanes and sidewalks, E. where none exist o now.The collector • road will have M bicycle lanes and sidewalks. j Q.. 4• Site design Pave and maintain the roads and P All' o parking areas o 5• Site design Increase density within the urban 0,P, GHG All core and urban reserve lines. Assumed 5 dwelling crq units per acre for '-d Subarea 2 and 15 p dwelling units/acre q tri Table 1. Mitigation Monitoring Table (Continued� ar� F... ,.w y . Plan Requirements& 0 Mitigation Measure , Timing Monitoring for Subarea 3. Subarea 1 =36 full 'd j time equivalent N jobs. 6• Site design; Provide easements or land 0,P,GHG All j transportation dedications and construct bikeways and pedestrian I walkways. Energy efficiency Utilize built-in energy efficient 0,P,GHG All appliances(i.e. Energy Star©). Assume 100%of • appliances would be energy efficient for 1 all subareas. j 8• Energy efficiency Utilize energy efficient interior 0,P,GHG All •• lighting. 100%lighting energy reduction for all subareas. • Applicable to Subarea 1 jCiQ 9• Site design Driveway design standards(e.g., P Subarea 1 speed bumps,curved driveway) Assumed 15 MPH unpaved roads. for self-enforcing of reduced for un P • • speed limits for unpaved o driveways. ' 10. Site design Development is within 1/4 mile 0,P, GHG Subarea 1 . of transit centers and transit Closest transit stopMt corridors. is at Traffic Way& Fair Oaks. Q•. 11. Site design No residential wood burning 0,P,GHG Subarea 1 to appliances. '-o •• 12. o Site design Trusses for south-facing portions 0,GHG Subarea 1 • • of roofs shall be designed toug • handle dead weight loads of b standard solar-heated water ando GA photovoltaic panels.Roof design i I 5 ti Table 1. Mitigation Monitoring Table (Continued) .. -' .. .. ,...... Plan Requirgnients n Mitigation Measure . - Timing: . . Monitori�ig' -. 0 CD I shall include sufficient south facing roof surface,based on Pio I structures size and use,to CD accommodate adequate solar 2. panels.For south facing roof o b pitches,the closest standard roof pitch to the ideal average solar exposure shall be used. _ 13. Energy efficiency Increase the building energy 0, GHG Subarea 1 rating by 20%above Title 24 requirements.Measures used to reach the 20%rating cannot be double counted. 14. Energy efficiency Plant drought tolerant,native 0, GHG Subarea 1 shade trees along southern Minimum of 120 exposures of buildings to reduce trees planted. energy used to cool buildings in summer. s 15. Energy efficiency Utilize green building materials 0,DPM, Subarea 1 .. o (materials which are resource GHG 0 efficient,recycled,and o sustainable)available locally if possible. o 16. Energy efficiency Install high efficiency heating 0,GHG Subarea 1 P. and cooling systems. i vo 17• Energy efficiency Utilize high efficiency gas or 0,P,GHG Subarea 1 a solar water heaters. 7:i 18 Energy efficiency Utilize double-paned windows. 0,P,GHG Subarea 1o 19. Energy efficiency Utilize low energy street lights 0,P, GHG Subarea 1 o (i.e.sodium). ' 20. Energy efficiency Install door sweeps and weather 0,P,GHG Subarea 1 (14 ,may stripping(if more efficient doors o and windows are not available). �_� tri Table 1. Mitigation Monitoring Table Continued) _ _ F; r" _. �w w.- _ ._w.-,._.... �..._� ... �_. _ _ m Plan.Requirements& ....,z.., n . ' Mitigation Measure _ Timing' ,Monitoring W i 21. Energy efficiency Install energy-reducing 0,P,GHG Subarea 1 programmable thermostats: j c 22. Energy efficiency Participate in and implement 0,P, GHG Subarea 1 available energy-efficient rebate 0h programs including air • bconditioning,gas heating, • refrigeration,and lighting programs. ! j 23- Energy efficiency Use roofing material with a solar 0,P,GHG Subarea 1 reflectance values meeting the EPA/DOE Energy Star®rating to reduce summer cooling needs. 2 4. Energy efficiency Utilize onsite renewable energy 0,P, GHG Subarea 1 systems(e.g.,solar,wind, geothermal, low-impact hydro, t biomass and bio-gas). • 25• Energy efficiency Eliminate high water 0,GHG Subarea 1 ,.: • • • consumption landscape(e.g., P plants and lawns)in residential o• design.Use native plants that do not require watering and are low o ROG emitting. E. • 2 6. Transportation Project provides a display case O,P,GHG Subarea 1 • o or kiosk displaying • trans• • portation information in a prominent area accessible to ¢ employees or residents. 7� 27• Transportation Provide electrical charging 0,P,GHG Subarea 1 o • station for electric vehicles. 28 Transportation Provide free access telework O,P,GHG Subarea 1 • • terminals and/or wi-fi access in b multi-family projects. 1 Applicable to Subarea 2 _._.__ _I___ _ _�.__ p trl Table 1. Mitigation Monitoring_Table (Continued) _ _ a me K �. 1 n'Reciui�e , tits& 5��. ? . �..J g: : Mitigation Measure .. ,° ' • __ Timing.£ •, 'Monitoring T :.._ 29. Site design Incorporate outdoor electrical 0,P,GHG Subarea 2 outlets to encourage the use of Includes 20% electric appliances and tools. electric leafblower • CD • and chainsaw. 30. Site design; Incorporate traffic calming 0,P,GHG Subarea 2 o transportation modifications to Project roads, East Cherry Avenue such as narrower streets,speed =100% • improvement.platforms,bulb-outs and im P • • intersection designs that reduce Collector road= I. vehicles speeds and encourage 25%. ! pedestrian and bicycle travel. 31. Energy efficiency Orient 75 percent or more of 0, GHG Subarea 2 homes and/or buildings to be aligned north/south to reduce •• . energy used to cool buildings in • summer. • w 32• Energy efficiency Design building to include roof 0,GHG Subarea 2 •• • overhangs that are sufficient to ua block the high summer sun,but not the lower winter sun,from 0 penetrating south facing windows(passive solar design). 0 • 33• Energy efficiency Utilize low energy traffic signals 0,P,GHG Subarea 2 i o (i.e. light emitting diode). 34 . Energy efficiency Utilize onsite renewable energy 0,P,GHG Subarea 2 dQ • systems(e.g.,solar,wind, PVs will be an geothermal, low-impact hydro, option for home ¢ biomass and bio-gas). buyers. 35. Transportation Provide storage space in garage 0,P,GHG Subarea 2 for bicycle and bicycle trailers, ! E. or covered racks/lockers to service the residential units. o — Applicable to Subarea 3 P til Table 1. Mitigation Monitoring Table (Continued) �, ......,....... w......... ..::..... ,w Plan Requirements& Mitigation Measure Timing, ' Monitoring 36. Site design Provide a pedestrian-friendly and 0,P,GHG Subarea 3 interconnected streetscape to . make walking more convenient, I • comfortable and safe(including +i � appropriate signalization and • ,-d I signage). 37• Site design Incorporate outdoor electrical 0,P, GHG Subarea 3 outlets to encourage the use of Includes 20% I . electric appliances and tools. electric leafblower and chainsaw. 38 Energy efficiency Utilize green building materials 0,DPM, Subarea 3 (materials which are resource GHG efficient,recycled, and sustainable)available locally if possible. ' 3 9• Energy efficiency Install high efficiency heating 0,GHG Subarea 3 and cooling systems. j • 4 0. Energy efficiency Utilize double-paned windows. 0,P, GHG Subarea 3 rQ ' 41. Energy efficiency Install door sweeps and weather 0,P, GHG Subarea 3 j .• i stripping(if more efficient doors ! 0 and windows are not available). • 4 2. Energy efficiency Install energy-reducing 0,P,GHG Subarea 3 programmable thermostats. o MMAQ-3a The Applicants shall implement the following Best Available Control Technology I The Applicants are City staff shall ensure cm (BACT)for diesel fueled construction equipment, where feasible, to minimize the exposure of diesel ; required to adhere to measures are on plans. exhaust to sensitive receptors: I measures throughout all APCD inspectors shall p., • Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road grading,hauling, and conduct periodic site• n construction activities. visits to ensure '-o• compliant engines; o The Applicants shall compliance and • Repowering equipment with the cleanest engines available; and, coordinate with the respond to nuisance crq • Installing California Verified Diesel Emission Control Strategies. I APCD prior to permit complaints. '7 issuance. 0 MMAQ-3b The Applicants shall ensure that all equipment used in operational activities has the I The Applicants are I City staff shall ensure t1 Table 1. Mitigation Monitoring Table (Continued) _ _ _ ,:,- ,Plan°Re uirements & ,.° n .•.w : ' ,LMitigation Measure .MI ° _ , „ Timings $:LI° •' Monitbrijg , necessary APCD permits when appropriate. To minimize potential delays,prior to the start of required to adhere to 1 measures are on plans. development within each subarea, the APCD's Engineering Division shall be contacted for specific measures throughout all APCD inspectors shall c information regarding permitting requirements. grading,hauling,and I conduct periodic site o construction activities° visits to ensure tzh The Applicants shall I compliance and '1:1 coordinate with the respond to nuisance APCD prior to permit complaints. . issuance. ......:........................ MMAQ-5a Consistent with the City's Goal CT4 to promote transit use, the Applicants shall The City shall The City would be coordinate with the City Public Works and Community Development Department and work with determine the need and responsible for SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. exact location for an determining additional transit stop, appropriate actions and shall coordinate and/or the amount of with the Applicants to ; payment of fair shares determine the for the Applicants "' appropriate actions j commensurate with 4 required,and/or fair metrics that • share of payment for demonstrate the a� • funding the additional relative level and o transit stop.Based on intensity of proposed the findings,the development(e.g., o • Applicants shall submit square footage,land P4: j payment of their fair use type,trip share of funding prior generation,etc.). tict to issuance of use or I...CUP permits. .................... p., Biological Resources' _ a MM BIO-la Construction equipment and vehicles shall be stored at least 100 feet away from A construction ' The City shall ensure areas associated with the existing drainage and adjacent oak woodland habitat, and all construction i management plan that compliance with 5• vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. identifies construction- Policy C/OS2-1.6 of b related staging and the General Plan.An o maintenance areas shall Environmental q • tri Table 1. Mitigation Monitoring Table (Continued) __ 1 __ ...^ . .W .wm., _..w.� p _..w. ......� ... .. PlanRequirements , .w ... cn n Mitigation Measure Timing Monitoring & be submitted for review Monitor shall be made and approval by the City available to monitor u) j prior to the initiation of environmental CD I construction.The Plan compliance of the shall be designed to j construction activities. b address erosion and 1 The City shall also sediment control during I inspect the Project site all phases of during monitor runoff development of the site construction to. until all disturbed areas are permanently stabilized. MM BIO-2a Vegetation removal and initial site disturbance for Project construction shall be A migratory and The City shall ensure conducted between September 1 and January 31, outside of the primary nesting season for birds, nesting bird compliance with unless City-approved preconstruction nesting bird surveys are conducted that determine if any active management plan shall Sections 3505 and o, ' nests would be impacted by project construction. If no active nests are found, then no further be submitted for review i 3503.1 of the Fish and 4 mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with i and approval by the 1 Game Code of ,-,• the establishment of a non-disturbance buffer zone around active nest, which shall be in place until the ' City prior to the California.An • adults and young of the year no longer rely on the nest site for survival. The study, surveys,findings, initiation of Environmental o and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be construction. Monitor and qualified verified by the Project Environmental Monitor through submission of compliance reports. I Construction shall be j biologist shall be made o conducted between available to monitor E. • September 1 and environmental January 31 unless no compliance of the 0 active nests are found. construction activities, as needed.The City ca., shall also inspect the Project site during o construction to verify ' protection of any CIO • • active bird nests b identified from the 1 nesting bird surveys. ..... ......................................... • tni Table 1. Mitigation Monitoring TableContinued) Plan:.Re uirements'& ; . n :d Mitigation.Measure Tiiniq i M'n' rin 1. CD Hazards and Hazardous Materials` MM HAZ-2a Prior to earthwork activities, a Site-specific Health and Safety Plan shall be The Applicants shall ' The City shall ensure o • developed per California Occupational Safety and Health Administration(Cal/OSHA)requirements. submit the site-specific compliance.An o 'i All construction employees that have the potential to come into contact with contaminated soil/bedrock Health and Safety Plan Environmental o and safety plan, which includes proper training and personal protective equipment. to the City for review Monitor shall be made ro and approval prior to available to monitor issuance of environmental development permits. compliance of the The Applicants shall construction activities. conduct necessary The City shall also construction employee inspect the Project site training prior to the during construction to initiation of ensure compliance 1construction. with required plans. v 1 MMHAZ-2b During earthwork activities,procedures shall be followed to eliminate or minimize The Applicants shall ' The City shall ensure construction worker or general public exposure to lead and other potential contaminants in soil. conduct necessary compliance.An ,—. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, construction employee , Environmental rq appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated training prior to the ' Monitor shall be made o• soil from uncontaminated soil. The applicable regulations associated with excavation, removal, initiation of 1 available to monitor 0 transportation, and disposal of contaminated soil shall be followed(e.g., tarping of trucks and waste construction. environmental o manifesting). compliance of the E. construction activities. 8- The The City shall also g. cna inspect the Project site during construction to ensure compliance j with required plans. co MM HAZ-2c Prior to beginning construction, additional subsurface sampling of soil/bedrock and The Applicants shall The City shall ensure groundwater shall be conducted to assess potential releases associated with the listed former adjacent submit the Subsurface compliance.An cm land uses and the potential migration of contaminants onto the Project site. The analytical suite Soil/Bedrock and Environmental 1-d selected shall be consistent with those uses, and shall include applicable analytical methods for Groundwater Monitor shall be made o appropriate waste characterization and disposal. The sampling strategyshall take into account the Investigation Report to available to monitor tit Table 1. Mitigation Monitoring Table (Continued) 172 r—cn Plan Requirements& Mitigation Measure _ _ Timing_ . Monitoring_ locations of potential source areas, and the anticipated lateral and vertical distribution of the City for review and ` environmental q ' contaminants in soil and/or groundwater. The results of the investigation shall be documented in a approval prior to ' compliance of the I report that is signed by a California Professional Geologist. The report shall include recommendations issuance of construction activities. ✓ based upon the findings for additional investigation/remediation if contaminants are detected above i development permits. The City shall also ,th ; applicable screening levels(e.g., excavate and dispose, groundwater and/or soil vapor extraction, or The Applicants shall inspect the Project site o in situ bioremediation). I conduct necessary ! during construction to I construction employee ' ensure compliance ' training prior to the with required plans. initiation of construction. MM HAZ-4a All Applicants shall prepare and submit a comprehensive Wildfire Emergency The Applicants shall 1 The City shall ensure Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce ; restate the provisions ! measures are on plans I the potential for structural damage to the proposed development including: ' for fire protection on I prior to permit all gradingand building ' approval.The Project • A detailed description and map of fire protection apparatus and staging locations, the Pp I plans.Plan components site shall be inspected oo locations of the electric and gas shut off controls, emergency meeting locations, and emergency and conditions, annually in the spring supply locations; �: agreements,and prior to the onset of • Relevant building design specifications that would quali the building for identification as a I restrictions, including ' the fire season by the w • safe refuge during a wildfire; and, landscaping,shall also FCFA in order to 0 be reviewed prior to ensure compliance permit approval for with the above o I each Subarea. j mitigation. E. o MMHAZ-4b Require fire resistant material to be used for building construction in fire hazard The Applicants shall The City shall ensure ! areas. Require the installation of smoke detectors in all new residences. restate the provisions measures are on plans for fire protection on prior to permit all grading and building i approval.FCFA staff plans.The name and shall spot check for co telephone number of I compliance during o the onsite supervisor I construction.Permit • shall be provided to the I compliance staff shall uq FCFA prior to ! verify the installation b commencement of e of the required . ;_construction or grading I landscaping in the trl Table 1. Mitigation Monitoring Table (Continued) — — i Plain Requirements& : ..- , , 0 , •1 ';, ‘, ‘, .1 ,•'• L ' _: , Mitigatioif Mediure ;:- ''. ' ' „ = 1 ffill*ig L.,, Monitoring, activities.Fire i field.The Project site -1 protection measures I shall be inspected shall be implemented ! annually in the spring ts• 1 (1) . throughout prior to the onset of I construction.Plan the fire season by the components and FCFA in order to . . conditions,agreements, ! ensure compliance and restrictions, I with the above including landscaping, I mitigation. shall also be reviewed prior to permit approval for each Subarea. MM HAZ-4c The Project site shall be inspected annually by the FCFA. This shall include an The name and i The Project site shall - . inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of telephone number of I be inspected annually fire season. the onsite supervisor I in the spring prior to 4 shall be provided to the I the onset of the fire .. 0'Q FCFA prior to season by the FCFA in P ,-t- ,-- commencement of order to ensure 0 O construction or grading compliance with the activities.Fire above mitigation.This o protection measures shall include an P-t: shall be implemented inspection of the o throughout deadwood and leaf rig construction.Plan litter,which shall be 0 0 components arid removed annually fa. conditions,agreements, prior to the beginning Pz1 cr) ! : and restrictions, of fire season. o ! ' including landscaping, M .. shall also be reviewed O crq prior to permit approval for each Subarea. trA tri Tp) zable 1. Mitigation Monitoring Table (Continued) . . Plan Requirements& . C 1 ; . . Mitigation Measure w __ Timing Monitoring _ MMHAZ-4d Each hotel room shall be required to have an emergency evacuation plan posted in a 1 The Applicant shall 1 The City shall ensure visible location.Additionally each room shall have a Wildfire Emergency Procedures binder, which I restate the provisions 1 measures are on plans • shall include relevant information from the Wildfire Emergency Management Plan, such as the I for fire protection and I prior to permit o. locations of safe refuges, locations of First Aid and emergency supplies, and emergency contacts emergency evacuation approval.FCFA staff �h within the hotel. Training requirements for front-desk hotel staff and any other staff routinely 1 on the Wildfire i shall review the o b interacting with the public shall include First Aid and First Responder certification as well as annual 1 Emergency i emergency evacuation requirements for wildfire emergency management training scenario exercises prior to the onset of fire i Management Plan.Plan ' plan. season. components and conditions,agreements, and restrictions, including landscaping, shall be reviewed by I the FCFA prior to I permit approval for i each Subarea.Fire IV safety training for hotel i 4 staff shall be conducted i ..: annually prior to the onset of fire season. i o' MM HAZ-4e The final plant,selections for Subareas 1 and 2 shall be limited to fire-resistant I The Applicants shall I The City shall ensure native species.Non-native species shall not be included in the final landscaping plan. The final I indicate the types and I measures are on plans -0 landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, species of plants on ; prior to permit R- as well as locations and types of new plantings. landscape plans.Plan approval.Landscape , j components and plans shall be conditions,agreements, I reviewed by the and restrictions, I FCFA.The Project site ¢- including landscaping, I shall be inspected o shall be reviewed by I annually in the spring o the City and FCFA prior to the onset of prior to permit the fire season by the cm approval for each FCFA in order to d Subarea. • ensure compliance o with the above......................................... tit Table 1. Mitigation Monitoring Table (Continued) 3�:,--,- , , . � a. W... y�� la� Requir�uXents . ; ��• � _ Mi#igatinii'1Vteasure ra , ' _Tiinin ' .. Monitainam -�0-, — —_— _�,..,a . _ _ CD mitigation.This shall ' include an inspection of the deadwood and CD I 1 leaf litter,which shall be removed annually ti ! prior to the beginning of fire season. Hydrology and Water Quality ' MM HYD-la Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Notices shall be I A Geotechnical Intent(NOI)for discharge from the proposed development site. submitted for review I Engineer or an j and approval by the ; Engineering Geologist City prior to the I shall be made initiation of available to monitor I construction. 1 technical aspects of the IQ 1 I grading activities.The City shall also inspect h the site during grading w to monitor runoff and o• to verify reseeding and 0 revegetation after 4 I 1 conclusion of grading ° I ' I i activities. o MM HYD-lb Storm Water Pollution Prevention Plan. The Applicants shall require the building SWPPP shall be � The City shall ensure 5. crg contractor to prepare and submit a Storm Water Pollution Prevention Plan(SWPPP)to the City I submitted for review I compliance with the Public Works Department prior to the issuance of grading permits. The contractor is responsible for 1 and approval by the I SWPPP.A p., understanding the State General Permit and implementing the SWPPP during construction.A SWPPP i City prior to the Geotechnical Engineer 7d for site construction shall be developed prior to the initiation of grading and implemented for all initiation of or an Engineering o construction activities on the Project site in excess of one acre, or where the area of disturbance is less construction.The I Geologist shall be than one acre but is part of the Project's plan of development that in total disturbs one or more acres. I Plan(s)shall be ' made available to E. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP designed to address I monitor technical b methods may include, but would not be limited to, the use of temporary detention basins, straw bales, erosion and sediment I aspects of the grading o sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers.Additional BMPs I control during all I activities.The City til Table 1. Mitigation Monitoring Table (Continued) ,cn-+ Plan Requirements& I n _ Mitigation Measure _ __ Timing Monitoring ., i should be implemented for any fuel storage or fuel handling that could occur onsite during phases of development i shall also inspect the construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State of the site until all site during grading to Water Resources Control Board(SWRCB). The SWPPP shall be submitted to the City along with disturbed areas are monitor runoff and to grading/development plans for review and approval. permanently stabilized. verify reseeding and +i ' revegetation after b : conclusion of grading — activities. MM HYD-lc Notice of Termination of Construction. The Applicants shall file a notice of Notices shall be The City shall ensure termination of construction of the development with the RWQCB, identjing how pollution sources submitted for review compliance with the were controlled during the construction of the Project and implementing a closure SWPPP for the site. and approval by the SWPPP.A City prior to the Geotechnical Engineer initiation of or an Engineering construction.The Geologist shall be Plan(s)shall be made available to N i designed to address monitor technical N ' � erosion and sediment aspects of the grading 4 control during all ! activities.The City cm phases of development shall also inspect the ? of the site until all site during grading to o idisturbed areas are monitor runoff and to permanently stabilized. verify reseeding and o revegetation after i . , conclusion of grading activities. g•lag MMHYD-ld All required actions shall be implemented pursuant to Municipal Code 13.24.110 The Plan(s)shall be A Geotechnical including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB designed to address Engineer or an a' regulations under the NPDES Phase II program. ' erosion and sediment ! Engineering Geologist c control during all shall be made o phases of development available to monitor • of the site until all technical aspects of the oq disturbed areas are ; grading activities:The b Ipermanently stabilized. 1 City shall also inspectcrA 1 the site during grading_ • til Table 1. Mitigation Monitoring Table (Continued) � � .. • _, Plan Requirements&� � •w - Y . °° %.. .w.._ .._.. °.� Mitigation Measure, . .. _....__. ... `Tirnin w : anrtpr _,. _ cD _ to monitor runoff and to verify reseeding and j 1 revegetation after 2 o I conclusion of grading � i activities. d I MMHYD-3a Storm Water Quality Treatment Controls. Best Management Practice(BMP) devices I The Plan(s)shall be I The City shall ensure shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and i designed to address the i compliance with the sized to intercept and treat all dry weather surface runoff the runofffrom 28 percent of the 2-year I conditions of private SWPPP.A Civil storm event, and accommodate the first flush(1 inch)during 24-hour storm events. The storm water I stormwater facilities, Engineer shall be quality system must be reviewed and approved by the City. I BMPs,and necessary made available to maintenance activities monitor conditions and on a semi-annual basis maintenance activities throughout of all private I implementation and ' stormwater facilities N operation of the I on a semi-annual basis. U) I Project. 4 MMHYD-3b Stormwater BMP Maintenance Manual. The Applicants shall prepare a development I Stormwater BMP I A Civil Engineer shall .• maintenance manual for the Project, which shall include detailed procedures for maintenance and ! Semi-Annual be made available to Po maintenance operations of any stormwater facilities to ensure long-term operation and maintenance of post- Maintenance Report ; monitor conditions and p I construction stormwater controls. The maintenance manual shall require that stormwater BMP devices and notices shall be I maintenance activities 4 • be inspected, cleaned and maintained in accordance with the manufacturer's maintenance submitted for review of all private ° specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season and approval by the stormwater facilities o• (i.e., October 15th) and immediately after the end of the rainy season(i.e., May 15th). The manual 1 City prior to the i on a semi-annual basis. shall also require that all devices be checked after major storm events. I initiation of tra construction.The I Plan(s)shall be ¢' designed to address the 1 0 conditions of private I o stormwater facilities, BMPs,and necessary (IQ maintenance activities b on a semi-annual basis ; ° I___,.__,. throughout I trl Table 1. Mitigation Monitoring Table (Continued) Plan Requirements& n - _.___._ _ Mitigation,Measure__ __._._. _.... ._ Timing . _____ W ! implementation and Monitoring_ operation of the i ' Project. ,2. ; MMHYD-3c Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable j Stormwater BMP The City shall ensure maintenance organization shall submit to the City of Arroyo Grande Public Works Department a i Semi-Annual I compliance.A Civil b detailed report prepared by a licensed Civil Engineer addressing the condition of all private Maintenance Report ! Engineer shall be stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis and notices shall be Imade available to (October 15th and April 15th of each year). The requirement for maintenance and report submittal ' submitted for review ' monitor conditions and shall be recorded against the property. and approval by the maintenance activities City prior to the I of all private initiation of 1 stormwater facilities construction. ' on a semi-annual basis. Noise N MMNOI-la For all construction activity at the Project site, additional noise attenuation At the pre-construction I Building inspectors techniques shall be,employed as needed to ensure that noise levels are maintained within levels meeting all and permit compliance 4 allowed by the City's Noise Standards. Such techniques shall include, but are not limited to: construction workers staff shall spot check . CPP • Sound blankets on noise-generating equipment. j shall be briefed on and respond to h restricted construction complaints.The • Stationary construction equipment that generates noise levels above 65 dBA at the project ; hour limitations.A Applicants shall boundaries shall be shielded with a barrier that meets a sound transmission class(a rating of how 1 workday schedule will demonstrate that the o well noise barriers attenuate sound) of 25. be adhered to for the j acoustic shielding is in . 1 • All diesel equipment shall be operated with closed engine doors and shall be equipped with duration of ' place prior to factory-recommended mufflers. construction.The I commencement of E. crq • The movement of construction-related vehicles, with the exception of passenger vehicles, Applicants shall construction activities. , along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and designate the City staff shall ensure j5:00 P.M. Monday through Saturday.No movement of heavy equipment shall occur on Sundays or j eequipment area with ! compliance throughout 0 official holidays(e.g., Thanksgiving, Labor Day). 1 appropriate acoustic construction.Permit '-d shielding on building I compliance monitoring • Temporary sound barriers shall be constructed between construction sites and affected uses. and grading plans. I staff shall perform u�. a Equipment and periodic site b shielding shall be inspections to verify o !....installed prior to i...compliance with................................. q : P E m Table 1. Mitigation Monitoring Table (Continued) _ eg° Plan Regirirernents& ,� )e _ _.__.__ _: . _ .,,_, . ?ai. Mitigafirn Measure '' __. _ _a_ b :1; __..Tuni> :,' Monitoring k. , construction and activity schedules. remain in the c designated location 0 ! throughout construction �h activities. Construction o b plans shall identify Best Management Practices(BMPs)to be implemented during construction.All ! construction workers shall be briefed at a pre-construction 1 meeting on how,why, I and where BMP (A measures are to be j implemented.BMPs ' f shall be identified and I described for submittal o• to the City for review and approval prior to 4 building or grading ° permit issuance.BMPs o shall be adhered to for g. the duration of the a4 Project. Construction plans shall include truck routes and shall I I be submitted to the City o prior to permit issuance for each phase of development. Schedule 1 o I and mailing list shall be I uia I submitted 10 days prior tri Table 1. Mitigation Monitoring Table (Continued) � . . Plan Requirements ° ° 0 Mitigation Measure _. Timing __ . __..._ Monitoring_ . 0 ,- _--.___._.__. �. _. to initiation of any earth movement. MMNOI-lb The contractor shall inform residents and business operators at properties within The Applicants shall I The Applicants shall 300 feet of the Project site of proposed construction timelines and noise complaint procedures to provide and post signs I demonstrate that 0 I minimize potential annoyance related to construction noise.Noise-related complaints shall be directed stating these required signs are d to the City's Community Development Department. restrictions at posted prior to i construction site I grading/building i entries. Signs shall be I permit issuance and posted prior to pre-construction I commencement of I meeting.Building construction and I inspectors and permit maintained throughout I compliance staff shall construction. I spot check and Construction plans I respond to complaints. I shall note construction Permit compliance IQ hours.At the pre- I monitoring staff shall 4 construction meeting I perform periodic site • CfQ all construction I inspections to verify ? workers shall be compliance with o briefed on restrictedI activity schedules. construction hour • o limitations.A workday schedule will be adhered to for the duration of construction. P-. I MMNOI-3a All noise-generating rooftop building equipment, such as air conditioners and ' The Applicants shall I The Applicants shall co kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive ensure that all noise- ! ensure that all noise- a receptors(i.e., residences)or be placed behind adequate noise barriers. ; generating mechanical I generating mechanical • equipment associated I equipment is va with operation of the compliant prior to 0 proposed development installation.Building uQ L______________...—__ __—_.____._._______._ complies with the I inspectors and permit trl Table 1. Mitigation Monitoring Table (Continued) Plan Requirements ::: , , Mitigation Measure i' , „L _ „ ,', '> ,: ,,-'' „ ' - ?Mani, , 4 Monitorial CD California Building , compliance staff shall 1 1 Standards Code check before cn I requirements pertaining implementation. co I to noise attenuation. MM NOI-3b The Applicant(SRK Hotels)shall submit a truck traffic plan to the City Public Works i The Applicant(SRK The Applicant(SRK Department which will address timing, noise, location, and number of deliveries for each project I Hotels)shall ensure Hotels)shall ensure component. The Applicant shall cooperate with the City to ensure that impacts to noise-sensitive 1 that all noise- that all noise- receptors are mitigated to the maximum extent feasible. 1 generating mechanical generating mechanical - 1I ,equipment associated 1 equipment is i ' I with operation of the I compliant prior to proposed development I installation.The 1 complies with the I Applicant shall receive California Building 1 approval from the City 1 ! Standards Code before maintenance requirements pertaining I and truck activities ----1 I , to noise attenuation. , begin.Building 4 i The Applicant shall I inspectors and permit cm prepare a maintenance I compliance staff shall AD --•• ! 1 and truck plan to the check before o 0 i ! City that addresses 1 implementation. 1 timing,noise,location, I o : I and number of R. 0 1 deliveries for each I ' g• ! 1 project component,as cm 1 I well as ensuring that ! I: noise impacts are 0- 7cJ I I mitigated to the ! : co i maxmum extent o feasible. Recreation GrCi 1-1 1 MM REC-la Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a I Price of in-lieu fees I The price and payment o Lpark improvement impact fee equal to the land value,plus tweryty(20)fiercent opoward the cost of I shall be determined by I of in-lieu fees will be cr 5 • tt Table 1. Mitigation Monitoring Table (Continued) h •- Plan Requirements :_.._ . '- _Mitigation Measure _ ... _Timing _..... Monitarhig offsite improvement,for the additional 0.21 acres of parkland required to be dedicated pursuant to the :the City Council at the I determined and provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon j time of the final map ! approved by the City a j the fair market value of 0.21 acres, as determined by the formula provided in Section E of Municipal � approval.The payment Council at the time of Code Chapter16.64.060, immediately prior to the filling of the final map.At the discretion of the 1 of thesein-lieu fees I Project approval. ▪ Community Development Director, this requirement may be met by one of several alternative means I shall be made in their that would result in additional dedication of lands for recreational use, such that Project suits the need I entirety prior to the b I for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing I issuance of any proposed 0.35 neighborhood park to provide more adequate park space, implementation of trail I building permits and connections from the property to proposed trails identified in the City Bicycle and Trails Master Plan, I paid to the City I or the connection of the Project proposed Class I Bikeway,located along the Project Residential Council and deposited ' Collector road with the City proposed bikeway along Trinity Avenue. in the parks development fund. I Transportation and Traffic • MM TRANS-la Future development occurring under the proposed Project shall be required to ' The Applicants shall ; The City shall ensure prepare a Construction Transportation Management Plan for review and approval by the City prior to j submit the Construction , compliance with the issuance of a building permit to address and manage traffic during construction and shall be designed I Transportation ' Construction .. to: I Mitigation Plan to the ; Transportation w • Prevent traffic impacts on the surrounding roadway network ! City for review and j Mitigation Plan with 0 approval prior to I periodic inspections of 0 • Minimize parking impacts both to public parking and access to private parking to the greatest ; issuance of grading and I the Project site during o extent practicable I building permits.The I construction. • Ensure safety for both those constructing the project and the surrounding community i Applicants shall I Complaints related to 0 conduct necessary ! construction traffic at • Prevent substantial truck traffic through residential neighborhoods construction employee the site shall be (Pa The Construction Transportation Management Plan shall be subject to review and approval by the training prior to the I directed to the City following City departments: Community Development, Public Works, Fire, and Police, to ensure that I commencement of I Public Works the Plan has been designed in accordance with this mitigation measure. This review shall occur prior ! construction.The City ' Department. to issuance of grading or building permits. It shall, at a minimum, include the following: I Public Works Ongoing Requirements throughout the Duration of Construction: Department,Police ' i CP Department,and Fire i • A detailed Construction Transportation Management Plan for work zones shall be I Department,and � o maintained.At a minimum, this shall include parking and travel lane configurations; warning, i nearby residences shall uA regulatouy, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. I be notified of the trl Table 1. Mitigation Monitoring Table (Continued • BPIairRequiremen0& .._ _. .,� `. .._.��..__ Mitigatiori,Measure �._. . „ :.....� ; n [ ingmm : ' ,_ :MniOrin a.�.__. g The plan shall include specific information regarding the Project's construction activities that may construction schedule qdisrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such I prior to construction. c plans shall be reviewed and approved by the Community Development Department prior to 0 commencement of construction and implemented in accordance with this approval. • Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This C work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after- hours construction permit. • Streets and equipment shall be cleaned in accordance with established Public Works requirements. • Trucks shall only travel on a City-approved construction route.Limited queuing may occur on the construction site itself. Materials and equipment shall be minimally visible to the public; the preferred location for N materials is to be on-site, with a minimum amount of materials within a work area in the public D right-of-way, subject to a current Use of Public Property Permit. 4 • Any requests for work before or after normal construction hours within the public right-of- .. way shall be subject to review and approval through the After Hours Permit process administered ,-• j by the Building and Safety Division. ° 0 • Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: °O � • The traveling public shall be advised of impending construction activities which may i via substantially affect key roadways or other facilities(e.g., information signs,portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation R. Plan). �d I • A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, 1 o - 1 as well as any Caltrans permits required for any construction work requiring encroachment into 5' public rights-of-way, detours, or any other work within the public right-of-way shall be obtained. 171 • Timely notification of construction schedules shall be provided to all affected agencies(e.g., j Police Department, Fire Department, Public Works Department, and Community Development trl Table 1. Mitigation Monitoring Table (Continued) -4. ; Plan Requirements& . C� _ _ Mitigation MeasureTiming • Monitoring- Department) and to all owners and residential and commercial tenants of property within a radius , of 500 feet. • Construction work shall be coordinated with affected agencies in advance of start of work. 0, Approvals may take up to two weeks per each submittal. o • Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. — — MM TRANS-2a Fair Oaks Avenue/Traffic Way:A new traffic signal shall be installed at the ; Prior to issuance of a The City shall review intersection of Traffic Way and Fair Oaks Avenue. 1 development permit for and approve the construction,including funding agreement grading,the Applicant i between the owners of shall 1)submit a 1 the three subareas for funding agreement 1 the traffic signal • between the owners of design and ,— the three subareas for construction prior to Wo I 1 the Traffic Signal the issuance of any Improvements to the development permit .-.; • City for review and for construction, CIQ • approval;and 2)submit ! including grading.The o Traffic Signal • City shall ensure the 0 Improvement Plans to traffic signal is 4 the City for review and installed and , approval.Prior to operational prior to the o 1 :. issuance of a building issuance building ' CM permit,the Applicant permits. shall complete a • • construction of the { traffic signal cp improvements. • MM TRANS-3a East Grand Avenue/West Branch Street: The Applicants shall mods the lane The Applicants shall i Road improvements 0 1 geometry of the intersection of East Grand Avenue and West Branch Street in order to design and submit plans for the 1 shall be inspected and 1-d oo I install the necessary improvements including widening, restriping, and curb reconstruction of ! restriping of West 1 approved by the City. Ua • westbound West Branch Street/northbound West Branch Street to create an exclusive right turn lane. Branch Street including 1 '-t tri Table 1. Mitigation Monitoring Table (Continued) a � _: U a ;� Plan Regiirelents . n x , a �tiIti Mitigation Measre µ � r Monitdrin :� � any modifications necessary to the c4 ' 1 northeast curb return CD ! and sidewalk to provide Oh I I for design vehicle o '71 i I turning movements to the City for review and approval from the City Engineer,concurrent with the issuance of any development permit for construction, j including grading. Road improvements L,..) ! shall be installed, inspected,and ! approved by the City prior to issuance of ea j the first building o• permit. MM TRANS-3b East Grand Avenue/West Branch Street: The Applicants shall pay a fair share ' The Applicants shall I The City shall o portion of the design and construction costs for a transportation improvement that would provide an I submit payment of their I determine the amount E acceptable LOS consistent with adopted City policy, in order to mitigate the Project's long-term 1 fair share of funding for j of payment of fair o impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 ; the above mitigation shares for each o Caltrans Guide for the Preparation of Traffic Impact Studies.Applicants shall fund a fair share of the I prior to issuance of Applicant i estimated costs for construction of two roundabouts at the intersection of East Grand Avenue/US grading and/or building i commensurate with p. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. 1 permits. I metrics that cp demonstrate the o relative level and i intensity of proposed crci development(e.g., b square footage,land o use type,tri tri Table 1. Mitigation Monitoring Table(Continued) w ,_.. _.._., .,... �. .. .....M . . Plan Requirements&:. Mitigation Measure' Timing Monitoring 11 generation,etc.). • i The City shall establish a separate East Grand trh Avenue/West Branch c) Street traffic mitigation fund to accept the Applicant's payment(s). MM TRANS-5a As part of review of permits for development of Subarea 1 and the proposed Prior to approval of the The City require the hotel/restaurant, a circulation study shall be prepared to guide driveway location, design, and CUP,the Applicant submission of ingress/egress access in such a way to ensure public safety and utility. shall submit a circulation study prior circulation study to CUP review and prepared by a Traffic approval. (..._Engineer..... as •• 0 0 0 g. oa CD c� 0 5. ca • 0 • • 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. 4771 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24th day of January, 2017. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 7th day of February, 2017. • / KELLY ET RE, CITY CLERK