R 4195RESOLUTION N0.4195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A ONE-YEAR TIME
EXTENSION FOR AMENDED CONDITIONAL USE PERMIT
NO. 06-003, APPLIED FOR BY INVESTEC REAL ESTATE
COMPANIES, LOCATED AT 925 RANCHO PARKWAY AND
THE 1100 BLOCK OF WEST BRANCH STREET (FIVE
CITIES SHOPPING CENTER)
WHEREAS, the City Council of the City of Arroyo Grande approved Amended Conditional
Use Permit No. 06-003 on July 24, 2007 to amend Conditional Use Permit No. 96-541 to
allow construction of three (3) commercial buildings (Buildings I-1, I-2 and I-3) within the
Five Cities Shopping Center; and
WHEREAS, the City Council considered a request for cone-year time extension for
Amended Conditional Use Permit No. 06-003 on June 9, 2009; and
WHEREAS, the City Council finds, after due study and deliberation, that there have been
no significant changes in the General Plan, Municipal Code or character of the area within
which the project is located that would cause the approved project to be injurious to the
public health, safety, or welfare.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande approves cone-year time extension for Amended Conditional Use Permit No. 06-
003, with the above findings and subject to the conditions as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference. Amended Conditional Use
Permit No. 06-003 shall now expire on July 24, 2010.
On motion by Council Member Costello, seconded by Council Member Fellows, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Arnold, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 9~h day of June 2009.
RESOLUTION NO. 'y ~ `-S
PAGE 2
TONY FER ,MAYOR
ATTEST:
~~ _" -
KELLY T E, CITY CLERK
APPROVED AS TO CONTENT:
%'~\
S N S, CITY MANAGER
APPROVED AS TO FORM:
~~5~_
TI OTHY J MEL, CITY ATTORNEY
RESOLUTION N0.4195
PAGE 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO.06-003
Investec Real Estate Companies
Five Cities Shopping Center
COMMUNITY DEVELOPMENT DEPARTMENT
This Amendment to Conditional Use Permit No. 96-541 authorizes development of
commercial buildings and signage within the Five Cities Shopping Center as follows:
Construction of a 15,000 square foot mufti-tenant commercial building (Building I-1) and a
13,500 square foot single or multi-tenant commercial building (Building I-2) in Phase II of
the shopping center, and a 5,500 square foot single or multi-tenant commercial building
(Building 1-3) in Phase I of the shopping center. Total square footage is 34,000 square
feet.
GENERAL CONDITIONS
1. All conditions of approval for Conditional Use Permit No. 96-541, as amended,
shall remain in full force and effect as indicated in City Council Resolution 3157
approved on July 9, 1996.
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 mitigation measures
for Amended Conditional Use Permit Case No. 06-003 and Planned Sign Program
No. 06-003.
4. This application shall automatically expire on July 24, 2010 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 occur in substantial conformance with the plans presented to
the City Council at the meeting of July 24, 2007 and marked Exhibits "B1-B15".
6. The applicant shall agree to 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 aftemative, to relinquish such approval. The applicant shall reimburse the
City, fts agents, officers, or employees, for any court costs and attorney's fee's
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.
RESOLUTION N0.4195
PAGE 4
SPECIAL CONDITIONS
7. Subject to compliance with all conditions of approval and mitigation measures,.
the three (3) proposed new buildings I-1, I-2 and I-3 may be constructed and
occupied. Buildings I-1 and 1-3 shall be used for retail commercial use and
Building I-2 is restricted to office use only. Non-taxable retail uses shall be
limited to 8,000 square feet in Buildings J and I-1, with financial institutions not to
exceed 5,000 square feet. Building 1-2 shall be pre-designated as office use,
and staff will work with the applicant on Building I-2 to achieve a softer, more
horizontal design. The loading dock on Building I-2 shall be removed.
8. Prior to issuance of building permit, design of Building I-2 shall go back to the
Architectural Review Committee (ARC) for review, and final approval by the
Community Development Director.
9. The applicant shall submit a pedestrian plan for Phase II of Five Cities Center, to
be reviewed by the ARC and approved by the Community Development Director.:
10. The applicant shall submit an acoustical study for Phase II of the Five Cities
Center and implement any recommended conditions.
11. The proposed landscape median located within Rancho Parkway as a traffic
calming measure shall include trees.
12. The hours of operation within Phase II for landscape maintenance (e.g. blowers)
and lot maintenance (e.g. parking lot sweeping) shall be limited to mitigate noise,
as approved by the Community Development Director.
13. Alighting plan shall be submitted addressing light pollution for Phase II. Signage
facing residences in Rancho Grande shall be turned off at night. The lighting
plan shall be reviewed and approved by the Community Development Director.
and Police Department.
14. Additional landscaping shall be added in the Phase II parking lot with trees every
4 to 5 parking spaces instead of every 8 spaces.
15. There shall be no lighted "globes" on the monument signs. All monument signs
shall .have a design that is similar to the existing monument signs within the
shopping center.
16. Buildings Jand/or I-1 shall be restricted to 8,000 square feet of non-taxable
commercial uses.
17. Building I-2 shall be pre-designated as office use only and shall have a softer
.:.design.. The loading dock shall be removed.. Final design of Building I-2 shall be
reviewed and approved by the Architectural Review Committee.
18. A copy of these conditions shall be incorporated into all construction documents.
RESOLUTION N0.4195
PAGE 5
ARCHITECTURAL REVIEW COMMITTEE (ARC)
19. Prior to issuance of building permit, the ARC shall review the final landscape
plan.
20. The two dead trees in the Trader Joes parking lot shall be replaced with either
London Plane Bloodgood Sycamore, Tulip Tree, or Red Spire Pear.
21. The landscape plan shall not include any Chinese Pistache or Melaleuca.
22. Five (5) trees shall be added to the grassy area across from the AG Edwards
building.
23. The developer shall replace at least three (3) of the existing parking lot
"diamonds" with landscaped islands within Phase II of the shopping center.
24. Landscape islands shall be included within the proposed parking lot area along
the west side to soften the hardscape.
25. In planting areas, the soil shall be over-excavated and soil amendments added
to encourage plant establishment.
26. All ducts, meters, air conditioning equipment, and other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view behind the parapets, or with materials architecturally compatible wfth
the main structure. Screening of rooftop equipment shall return for ARC review
with sections to illustrate visibility.
DEVELOPMENT CODE
27. Development shall conform to the Regional Commercial (RC) zoning requirements
except as otherwise approved.
28. Signage shall be subject to the requirements of Development Code Chapter 16.60,
and as approved per Plan Sign Program Case No. 06-003.
29. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically mod~ed by these conditions.
30. All parking spaces adjacent to a wall, fence, or property line shall have a minimum
width of 11 feet.
NOISE
31. Consistent with MM 8.1, construction activities shall be restricted to the hours of
8 AM and 6 PM Monday through Saturday. No construction shall occur on
Sunday.
LIGHTING
32. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
RESOLUTION N0.4195
PAGE 6
33. Prior to issuing a Certificate of Occupancy, the applicant shall submit an
exterior lighting plan and site lighting footcandle plan subject to review and
approval of the Community Development and Police Departments that complies
with Section 16.48.090 of the Development Code.
WATER
34. All new construction shall utilize fixtures and designs that minimize water 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 filial occupancy:
SOLID WASTE
35. Location of Solid waste pick-up as identified on the project plans is acceptable.
Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage.
PRIOR TO ISSUING A BUILDING PERMIT:
36. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department and the Parks, Recreation and Facilities Department. The
landscaping plan 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:
1. Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
2. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan; and
3. An automated irrigation system.
4. The selection of groundcover plant species shall include native plants.
5. Linear planters shall be provided in the parking areas.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
37. Development shall comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards";
and 16.48.130 "Screening Requirements".
38. 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 or Building and Fire Department to verify that colors are
consistent with the approved color board. A 48-hour notice is required for this
inspection.
RESOLUTION N0.4795
PAGE 7
39. All new electrical panel boxes shall be installed inside the building(s).
BUILDING AND FIRE DEPARTMENT
40. Prior to issuance of Building Permit, project plans shall comply with the most
recent editions of all Califomia Building and Fire Codes, as adopted by the City of
Arroyo Grande.
41. The project shall provide complete compliance with State and Federal disabled
access requirements.
42. Prior to issuing a Certificate of Occupancy, all buildings must be fully
sprinklered per Building and Fire Department guidelines.
43. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
44. The project shall have a fire flow based on the California Fire Code appendix III-A.
45. Prior to combustible materials being placed on site, fire hydrants shall be
installed, per Fire Department and Public Works Department standards.
46. Prior to occupancy, the applicant must provide an approved "security key vault",
per Building and Fire Department guidelines.
47. Prior to issuance of grading or building permit, the applicant shall show proof
of properly abandoning all non-conforming items such as septic tanks, wells,
underground piping and other undesirable conditions.
PUBLIC WORKS DEPARTMENT SPECIAL CONDITIONS
48. The developer shall relocate the existing water main as depicted on the preliminary
utility plan to the satisfaction of the Director of Public Works.
49. Dedicate public water main easements for the portions of the relocated water
main.
50. Relocate the existing storm drain as depicted on the preliminary utility plan to the
satisfaction of the Director of Public Works.
51. Provide a method of filtering storm water runoff prior to entering the City system.
52. Pay the proportionate share to the following wastewater capital improvement
projects:
- EI Camino Real Upgrade.
- Walnut Street Upgrade.
53. Obtain a "will serve" letter from the South San Luis Obispo County Sanitation
District. The project wastewater flows to the "Bakeman Bottleneck".
RESOLUTION N0.4195
PAGE 8
All Public Works Department.conditions of approval as listed below are to be complied
with prior to Snalizing the building permit, unless specifically noted otherwise.
54. Fees -The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A)Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be tendered when
due, or that any conditions which have been imposed are provided for or
satisfied, under protest.
(b) A statement informing the City Council of the factual elements of the
dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E)The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a speck
development.
RESOLUTION N0.4195
PAGE 9
55. Fees to be paid prior to plan approval:
(1) Plan check for grading plans based on an approved earthwork estimate.
(2) Plan check for improvement plans based on an approved construction cost
estimate.
(3) Permit Fee for grading plans based on an approved earthwork estimate.
(4) Inspection fee of public works construction plans based on an approved
construction cost estimate.
56. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations
or as directed by the Director of Community Development or the Director of
Public Works.
57. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for inspection purposes.
IMPROVEMENT PLANS
58. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Spec cations.
59. Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
60. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
61. The following Improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
c. Public utilfties,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Director of Public Works
62. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, quantity and size of all existing and proposed sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
63. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
RESOLUTION N0.4195
PAGE 10
64. Landscape and irrigation plans are required for landscaping within the public
right of way, and shall be approved by the Community Development and Parks
and Recreation Departments. In addition, The Director of Public Works shall
approve any landscaping or irrigation within a public right of way or otherwise to
be maintained by the City.
WATER
65. Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant meters.
66. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
a. Implement an individual water program consisting of retrofitting existing off-
site high-flow plumbing fixtures with low flow devices. The calculations shall
be submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council for
approval prior to implementation; OR,
b. The applicant may pay an in lieu fee of $5,945.95 per acre-foot of
anticipated use.
SEWER
67. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
PUBLIC UTILITIES
68. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
69. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval
70. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
GRADING
71. Perform all grading in conformance with the City Grading Ordinance.
72. Submit a preliminary soils report prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
73. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
RESOLUTION N0.4195
PAGE 11
DRAINAGE
74. All drainage facilities shall be designed to accommodate a 100-year storm flow.
DEDICATIONS AND EASEMENTS
75. 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.
PERMITS
76. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
77. Obtain a grading permit prior to commencement of any grading operations on
site.
AGREEMENTS
78. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
IMPROVEMENT SECURITIES
79. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
80. Submit an engineer's estimate of quantities for public improvements for review
by the Director of Public Works.
81. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
a: Faithful Performance: 100% of the approved estimated cost of all project
improvements.
b. Labor and Materials: 50% of the approved estimated cost of all project
improvements.
c. One. Year .Guarantee: 10% of the approved estimated cost of all project
improvements. This security is required prior to acceptance of the project
improvements.
RESOLUTION N0.4195
PAGE 12
PRIOR TO ISSUING A BUILDING PERMIT
82. The Public Works plans shall be approved.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
83. All utilities shall be operational.
84. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Director of Public Works.
85. Developer shall modify Phase I internal circulation set forth in the April 11, 2006
Traffic Improvement Key Plan as Improvements "B" and "C", and as presented to
the City Council at the April 11, 2006 City Council meeting.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MITIGATION MEASURES
MM 1.1: The applicant shall submit a lighting plan verifying that all exterior
lighting for the development is directed downward and does not create spill or
glare to the adjacent residential neighborhood north of the project site.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD; Police Dept.
Timing: Prior to issuance of Building Permit
MM 1.2: The applicant shall submit final exterior colors and materials of the
buildings for Architectural Review Committee approval. The colors shall blend
as much as possible with the surrounding development. Any expanse of blank
wall shall be minimized through creative use of materials, texture, color and
building form.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD
Timing: Prior to issuance of Building Permit
MM 1.3: The applicant shall submit a final landscaping and irrigation plan to
be reviewed and approved by the Community Development Department,
Architectural Review Committee and the Parks, Recreation and Facilities
Department. The landscape plan shall limit turf areas grid shall include drought
resistant plants.
RESOLUTION N0.4195
PAGE 13
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, ARC, PR&F
Timing: Prior to issuance of Building Permit
MM 1.4: The applicant shall submit a plan to screen rooftop equipment to
the Community Development Department, to be reviewed and approved by the
Architectural Review Committee.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -CDD, ARC
Timing: Prior to issuance of Building Permit
MM 3.1: All dust control measures listed below (MM 3.2 - 3.10) shall be
followed during construction of the project and shall be shown on grading and
building plans. 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. The name and telephone number of such
person(s) shall be provided to the APCD prior to land use clearance for map
recordation and finished grading of the area.
MM 3.2: Reduce the amount of the disturbed area where possible. During
construction, water trucks or sprinkler systems shall be used to keep all- areas of
vehicle movement damp enough to prevent airborne dust from leaving the site. At
a minimum, this would include wetting down such areas in the later morning and
after work is completed for the day and whenever wind exceeds 15 miles per hour.
Reclaimed (non-potable) water shall be used for this purpose.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist,
or treated with soil binders to prevent dust generation. All dirt stockpile areas shall
be sprayed daily as needed.
MM 3.4: Permanent dust control measures identified in the project
revegetation and landscape plans shall be implemented as soon as possible
following completion of any soil disturbing activities.
MM 3.5: 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.
MM 3.6: 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.
MM 3.7: All vehicles hauling dirt, sand, soil, or other loose materials shall be
covered or maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance wfth CVC Section 23114.
MM 3.8: Install wheel washers where vehicles enter and exit unpaved roads
on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for
RESOLUTION NO.4195
PAGE 14
all construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 3.9: Sweep streets at the end of each day if visible soil material is carried
on to adjacent paved roads. Water sweepers with reclaimed water shall be used
where feasible.
MM 3.10:. To mitigate the diesel PM generated during the construction phase,
all construction equipment shall be properly maintained and tuned according to
manufacturer's spec cations. The measures below (MM 3.11 - 3.15) shall be
clearly identified in the project bid specifications so the contractors bidding on the
project can include the purchase and installation costs in their bids.
MM 3.11: Any portable equipment, 50 horsepower (hp) or greater, used during
construction activities will require Califomia statewide portable equipment
registration (issued by the Cal'rfomia Air Resources Board) or an APCD permit.
Example equipment include power screens, conveyors, diesel engines, crushers,
portable generators, concrete batch plants, and trammel screens. To minimize
permit delays, prior to the start of the project, contact Gary Willey of the APCD's
Engineering Division at (805) 781-5912 for specific information regarding
permitting requirements.
MM 3.12: .All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with Cal'rfomia Air
Resources Board (ARB) motor vehicle diesel fuel. Maintain all construction
equipment in proper tune according to manufacturer's spec cations.
MM 3.13: To the maximum extent feasible, the use of diesel construction
equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty
diesel engines.
MM 3.14: Maximize to the extent feasible, the use of on-road heavy-duty
equipment and trucks that meet the ARB's 1998 or newer cert~cation standard for
on-road heavy-duty diesel engines.
MM 3.15: All on and off-road diesel equipment shall not be allowed to idle for
more than 5 minutes. Signs shall be posted in the designated queuing areas to
remind drivers and operators of the 5-minute idling limit.
MM 3.16: Prior to any grading activities at the site, the project proponent shall
ensure that a geologic evaluation is conducted to determine 'rf Naturally Occurring
Asbestos (NOA) is present within the area that will be disturbed. If NOA is not
present, an exemption request must be filed with the APCD. If NOA is found at the
site, the applicant must comply with all requirements outlined in the Asbestos Air
Toxins Control Measure (ATCM) regulated under by the California Air Resources
Board (ARB).
RESOLUTION N0.4195
PAGE 15
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.,
Building and Fire Department
Timing: Prior to issuance of Grading Permit
MM 3.17: To encourage walking within the commercial development and
provide a safer pedestrian environment, the applicant shall use textured and/or
colored concrete at pedestrian crossings. Pedestrian signage shall also be
provided to improve pedestrian safety.
MM 3.18: Provide shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
MM 3.19: Provide on-site bicycle parking with one bicycle parking space for
every 10 vehicle parking spaces.
MM 3.20: Provide preferential carpool and vanpool parking spaces.
MM 3.21: Provide incentives to employees to carpooUvanpool, take public
transportation, telecommute, walk, bike, etc. by implementing the Transportation
Choices Program. The applicant should contact SLO Regional Rideshare at 541-
2277 to receive free consulting services on how to start and maintain a program.
MM 3.22: Include Shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
MM 3.23: Use built-in energy efficient appliances, where applicable.
MM 3.24: Use double-paned windows.
MM 3.25: Use low energy parking lot and street lights.
MM 3.26: Use energy efficient interior lighting.
MM 3.27: InstaA door .sweeps or weather stripping if more energy efficient
doors and windows are not available.
MM 3.28: Install high efficiency or gas space heating.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD, Public Works
Dept., and Building 8~ Fire Dept.
Timeframe: Prior to issuance of Building Permit
MM 5.1: The following note shall be placed on the grading and improvement
plans for the project:
RESOLUTION N0.4195
PAGE 16
"In the event-that during grading, construction or development of the
project, and archeological resources are uncovered, all work shall be
halted within 150 feet of the find until it can be evaluated by a
qual~ed professional archaeologist. If human remains (burials) are
encountered, the County Coroner (781-4513) shall be contacted
immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
Responsible Party: Developer
Monitoring Agency: Public Works Department
Timeframe: Prior to issuance of grading permit
MM 6.1: The applicant shall submit a Storm Water Pollution Prevention Plan
(SWPPP) that specifies the implementation of Best Management Practices to
avoid and minimize water quality impacts as required by the Regional Water
Quality Control Board (RWOCB).
Responsible Parly: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.;
RWQCB
Timing: Prior to issuance of Grading Permit
MM 6.2: The applicant shall submit grading, drainage and erosion control
plans, consistent with the policies of the Arroyo Grande Development Code and
Grading Ordinance, to the Public Works Department for review and approval.
Responsible Party: Developer
Monitoring Agency: Ciiy of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
MM 8.1: Construction activities shall be restricted to the hours of 8 AM and 6
PM Monday through Saturday. No construction shall occur on Sunday. On-site
equipment maintenance and servicing shall be confined to the same hours.
MM 8.2: Deliveries and idling truck engines shall be restricted to the hours of 8
AM and 6 PM.
MM 8.3: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
MM 8.4: A note shall be placed on the construction plans that no more than two
(2) pieces of major earth moving .equipment shall be allowed to operate
simultaneously within 300 feet of adjacent residences or the school.
RESOLUTION N0.4195
PAGE 17
MM 8.5: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: During construction
MM 10.1: All site and building plans shall be reviewed by the Fire Chief for
adequacy of access, fire suppression and water delivery systems. Implement
recommendations as necessary to reduce the frequency and severity of fire calls
to the shopping center.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building & Fire Dept.
Timeframe: Prior to issuance of Building Permit
MM 10.2: The developer shall submit plans which include architectural features
to decrease vulnerability to crime, such as adequate and appropriate security
lighting, locks, landscaping, and alarm systems. Access to all roofs shall be
secured to prevent unauthorized entry. Interior lighting of large retail businesses
shall be left on or dimmed when businesses are closed and exterior lighting shall
be off or dimmed. Architectural plans shall be reviewed by the Police Chief prior
to issuance of building permit.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Police Dept.
Timeframe: Prior to issuance of Building Permit
MM 10.3: The developer shall pay all applicable police and fire impact fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building ?£ Fire Dept.
Timeframe: Prior to issuance of Building Permit
MM 12.1: Consistent with the traffic improvement plans adopted by the City on
April 11, 2006, the developer shall install the following improvements:
• Provide an additional access driveway on Camino Mercado in Phase II
(improvement "A").
• Add a right turn lane on the Phase I driveway at Rancho Parkway
(improvement "F").
• Modify Rancho Parkway by narrowing the street, adding traffic-calming
devices, and directing traffic (improvement "G-1").
• Modify pavement marking and add signage at the intersection of Rancho
Parkway and West Branch Street (improvement "G-2").
RESOLUTION N0.4195
PAGE 18
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande -Public Works Dept.
Prior to issuance of Certificate of Occupancy
MM 12.2: The developer shall adjust signal timing for both signals on West
Branch Street (improvement "H").
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to Certificate of Occupancy
MM 12.3: The developer shall pay the City's Traffic Signalization and
Transportation Facilities Impact fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building & Fire Dept.;
Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 13.1: The applicant shall pay the project's proportionate share to the
following wastewater capital improvement projects:
• EI Camino Real Upgrade
• Walnut Street Upgrade
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 13.2: The project will further impact the "Bakeman bottleneck",amain
sewer line currently near capacity. The developer shall obtain a "will serve" letter
from the South San Luis Obispo County Sanitation District and pay the City's
sewer hookup and SSLOCSD impact fees, including a fee for the Bakeman
bottleneck solution.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building & Fire Dept.;
Public Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 14.1: The developer shall submit a drainage plan that includes the
proper design and placement of sediment/grease traps to prevent the discharge
of pollutants into the downstream drainage system.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD, Public Works
Dept.
Timeframe: Prior to issuance of Building Permit
RESOLUTION N0.4195
PAGE 19
MM 14.2: The project shall comply with the City's required water conservation
measures including any applicable measures identified in the City's Water
Conservation Plans.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.3: The project shall install best available technology for low-flow toilets
and hot water recirculation systems.'
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Building Dept.
Timing: Prior to a Cert~cate of Occupancy
MM 14.4: The final landscape plan shall show low-water use/drought
resistant species and drip irrigation systems rather than spray irrigation systems.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande -Community
Development Dept.; Parks, Recreation and
Facilities Dept.
Timing: Prior to issuance of Building Permit
MM 14.5: The project plans shall include methods for collecting surtace run-
off from the site for use on landscaped areas to reduce water use and minimize
run-off to the extent feasible.
Responsible Party: Developer
Monitoring Agency: .City of Arroyo Grande -Public Works Dept.
Timing: Prior to issuance of Building Permit
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. 4195 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the Stn
day of June 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11tH day of
June 2009.
KELLY WETI~URE, CITY CLERK