CC 2018-03-27_10a CUP Restaurant_Popeyes
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: MATTHEW DOWNING, PLANNING MANAGER
SUBJECT: CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE
PERMIT 16-008, AND MITIGATED NEGATIVE DECLARATION;
CONSTRUCTION OF AN APPROXIMATELY 2,650 SQUARE-FOOT
FAST-FOOD RESTAURANT WITH DRIVE-THRU; LOCATION – 727 EL
CAMINO REAL (WESTERN CORNER OF EL CAMINO REAL, FAEH
AVENUE, AND BELL STREET); APPLICANT – ELA FOODS, INC.;
REPRESENTATIVE – OASIS ASSOCIATES
DATE: MARCH 27, 2018
SUMMARY OF ACTION:
Approval of the project will allow the construction of a new, 2,650 square foot, fast-food
restaurant with a drive-thru on a vacant, commercially-zoned parcel.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Approval of the proposed project is anticipated to result in an estimated increase of City
sales tax revenue by approximately $10,000 to $20,000 per year, with the latter based
on the applicant’s long term projection of sales. Additionally, with the sale and
improvement of the property, the City would see a modest increase in estimated
property taxes.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution adopting the Mitigated Negative
Declaration and approving Lot Merger 16-001 and Conditional Use Permit 16-008.
BACKGROUND:
The subject property is a vacant, City-owned parcel located at the western corner of the
intersection of El Camino Real, Faeh Avenue, and Bell Street, at 727 El Camino Real
(Attachment 1). The site primarily fronts El Camino Real and Faeh Avenue and
includes ten (10) City improved Park & Ride spaces in the right-of-way on El Camino
Real. The site is part of the Highway Mixed-Use (HMU) zoned corner, bounded by El
Camino Real, Faeh Avenue, and Halcyon Road. Across Faeh Avenue are residences in
the adjoining Single Family zoning district.
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 2
The former Redevelopment Agency acquired the vacant parcel in 2006 to facilitate
development of a hotel or mixed-use project with affordable housing. While the
Redevelopment Agency was the owner of the property, a Request for Proposal for a
project was issued and Exclusive Negotiation Agreements were entered into with two
(2) separate developers, but neither was successful in submitting a project. In 2011, the
State Legislature adopted ABX1 26, which eliminated redevelopment agencies. Under
the terms of ABX1 26, all assets of the Redevelopment Agency, including the subject
property, were required to be disposed of and the revenue distributed to the property
taxing agencies. In 2012, the Oversight Board to the Successor Agency to the
Dissolved Redevelopment Agency (the “Oversight Board”) approved the conveyance
agreement between the Successor Agency to the Dissolved Redevelopment Agency
(the “Successor Agency”) and the City for the disposition and use of the property in
accordance with the Long Range Property Management Plan prepared by the
Successor Agency as required of Section 34191.5 of the California Health and Safety
Code. In November 2016, the Successor Agency unanimously accepted and approved
a Purchase and Sale Agreement (the “Agreement”) for the sale of the subject property
in accordance with the Long Range Property Management Plan. The Agreement was
subsequently approved by the Oversight Board and the applicant submitted the
proposed project for entitlement pursuant to the contingencies included in the
Agreement.
Project Description
The proposed project consists of the construction of an approximately 2,650 square-
foot, fast-food restaurant with a drive-thru on an approximately 34,625 square-foot
parcel. A Lot Merger is required to merge the ten (10) antiquated underlying lots spread
across the parcel, while a Conditional Use Permit is required for the new commercial
building. The building is proposed to be one (1) story, with a maximum building height
of twenty-one feet ten inches (21’ 10”) from finished floor to the top of the tallest roof
parapet. The building is proposed to be located in the southern portion of the site
closest to Faeh Avenue. The remainder of the site will include a 450 square foot outdoor
seating area, surface parking totaling thirty-eight (38) spaces and landscaped areas.
The drive-thru use is proposed to be operated from 10:00 AM to 10:00 PM daily, while
the sit-down use inside the building is proposed to be operated from 10:00 AM to 10:00
PM Sunday through Thursday and 10:00 AM to 12:00 AM Friday and Saturday.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project on September 27,
2017. Members of the SAC discussed the need for two points of ingress and egress to
the project site, the need for clarification of the originally proposed hours of operation,
coordination with Caltrans regarding traffic and circulation, and the need for appropriate
easements over existing sewer facilities on the site. Members of the SAC were
generally in support of the proposed project, with conditions identified in the Resolution
prepared for the project. The SAC reviewed the current site plan on January 31, 2018.
Members of the SAC discussed emergency vehicle access and methods employed to
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 3
reduce odors from the cooking operation. The SAC remained in support of the proposed
project.
Architectural Review Committee
The Architectural Review Committee (ARC) reviewed the proposed project on June 19,
2017 (Attachment 2). The ARC discussed a number of aspects associated with the
project, including the existing Park & Ride spaces on El Camino Real, opportunities to
address neighborhood compatibility issues associated with the drive-thru, including
relocating the drive-thru, relocating the ordering speaker, and/or utilizing any inaudible
ordering systems available, the need for a screen wall adjacent to the drive-thru to help
attenuate noise from idling vehicles, the location of the proposed use in the HMU zoning
district, and the appropriateness of the building design as it relates to the proposed use.
The ARC recommended against the drive-thru being permitted to operate as a 24-hour
operation, which was being proposed by the applicant at the time. Several of the ARC's
recommendations are included in the prepared Resolution, as appropriate, given project
refinements since their review. It should be noted that the current color palette was not
reviewed by the ARC, as it was revised after their review of the project.
Traffic Commission
The Traffic Commission (TC) reviewed the proposed project on August 14, 2017
(Attachment 3). At that time, the members of the TC continued the item and directed the
investigation of items of potential impact to the traffic report prepared for the project.
The TC considered the item a second time on September 18, 2017 (Attachment 4). At
that meeting, the TC reviewed the Traffic Impact Analysis Report (TIAR) and additional
information provided by the traffic consultant regarding mid-day peak hour trip
generation and restriping to take place at the Brisco Road underpass (Attachment 5).
Following the discussion, the TC recommended approval of the proposed project with
conditions of approval included in the prepared Resolution.
Planning Commission
The Planning Commission reviewed the proposed project on October 17, 2017
(Attachment 6). At that time, members of the Commission continued the public hearing
to allow the applicant an opportunity to address concerns expressed by the
Commission. The Planning Commission reviewed revisions to the project made to
address their concerns on February 6, 2018 (Attachment 7). The Planning Commission
discussed the appropriateness of the project for the zoning district and proposed site,
identified conditions for the project that would enhance compatibility with the nearby
residential neighborhood, and recommended approval of the project.
ANALYSIS OF ISSUES:
General Plan
The General Plan designates the subject property for Mixed Use land uses.
Development of a restaurant meets a number of Policies of the General Plan Land Use
Element and Economic Development Element, which state:
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 4
LU5: Community commercial, office, residential, and other compatible land uses shall
be located in Mixed Use (MU) areas and corridors, both north and south of the freeway,
in proximity to major arterial streets.
LU5-1: Provide for a diversity of retail and service commercial, offices, residential and
other compatible uses that support multiple neighborhoods and the greater community,
and reduce the need for external trips to adjacent jurisdictions, by designating Mixed
Use areas along and near major arterial streets and at convenient, strategic locations in
the community.
LU5-4: Conditional use permits shall be required for service stations, car washes, drive
through windows and other automobile oriented uses and for all commercial uses
adjoining residential classified areas.
LU5-8: Provide for different combinations, configurations and mixtures of commercial,
office and residential uses designating the East Grand Avenue, El Camino Real and
Traffic Way corridors as Mixed Use (MU).
LU5-8.1: Accommodate the continuance and development of retail commercial,
professional offices, eating and drinking establishments, banks, bakeries, deli/cafes,
specialty shops, outdoor dining/sidewalk cafes, household goods sales, food sales,
drugstores, personal services, tourist accommodations, cultural facilities and similar
uses in the Mixed Use corridors.
ED5: Pursue unique opportunities to promote continuity within commercial service and
retail business sectors of the City.
ED5-2: Continue to enhance connectivity and increase retail utilization of the East
Grand Avenue corridor, the Village Core, and the Traffic Way and El Camino Real
mixed-use corridors.
The proposed project is potentially in conflict with the following Policy of the General
Plan Land Use Element, which states:
LU5-6: Allowable uses within the MU category shall not include uses that adversely
affect surrounding commercial or residential uses, or contribute to the deterioration of
existing environmental conditions in the area.
Development Standards
The subject property is zoned Highway Mixed-Use (HMU). The primary purpose of the
HMU district is to provide areas for a variety of visitor serving and auto-related uses in
areas convenient to both freeway traffic and vehicles or pedestrians. The construction
of drive-thru retail uses is allowed in the HMU zoning district following approval of a
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 5
Conditional Use Permit. The intent of the Conditional Use Permit is to allow for the
establishment of uses that have some special impact or uniqueness such that their
effects on the surrounding environment cannot be determined in advance of the use
being proposed for a particular location. The Conditional Use Permit application process
allows for the review of the location and design of the proposed use, configuration of
improvements, and imposition of measures to mitigate potential impacts on the
surrounding area from the proposed use.
The development standards for the HMU district and the proposed project are identified
in the following table:
Table 1: Site Development Standards for the HMU Zoning District
Development
Standards
HMU District CUP 16-008 Notes
Maximum Density –
Mixed Use Projects
20 dwelling
units/acre
None Not Applicable
Maximum Density
Multi-family Housing
20 dwelling
units/acre
None Not Applicable
Minimum Lot Size 20,000 square-feet 34,625 square-feet Meets Code
Minimum Lot Width 80 feet 125 feet Meets Code
Front Yard Setback 0-15 feet 25 feet Meets Code
Rear Yard Setback 0-15 feet 154 feet Meets Code
Side Yard Setback 0 feet 63 feet Meets Code
Street Side Yard
Setback
0-15 feet 18 feet Meets Code
Building Size Limits 30 feet or 3 stories
50,000 square-feet
max
21 feet 10 inches
2,650 square-feet
Meets Code
Site Coverage and
Floor Area Ratio
75% site coverage
Floor Area Ratio:
.75
~9% coverage/Floor
Area Ratio
Meets Code
Off-Street Parking 1 space/75 sq. ft. of
area accessible by
the public (1,700 sq.
ft./75 = 23 spaces
38 spaces Meets Code
Standards for Drive-Thru Uses
Section 16.52.090 of the Arroyo Grande Municipal Code (AGMC) outlines standards for
drive-in, drive-thru fast food and take-out restaurants. The purpose of these standards is
to ensure that these uses do not result in adverse impacts on adjacent properties and
residents or on surrounding neighborhoods by reason of customer and employee
parking demand, traffic generation, noise, light, litter, or cumulative impact of such
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 6
demands in one area. Subsection C of this Section identifies the Minimum Development
Standards as follows:
Table 2: AGMC Subsection 16.52.090.C – Minimum Development Standards
Code Section Requirement CUP 16-008 Notes
1. Hours of
Operation
When located on a site
adjacent to, or separated by an
alley from, any residentially
zoned property, a drive-in,
drive-through, fast-food, or
take-out restaurant shall not
open prior to six a.m. nor
remain open after ten p.m.
The applicant
is proposing
operating
hours of 10
am to 10 pm,
daily, with
expanded
weekend
hours. Further
discussion on
hours of
operation is
included
below.
Meets Code.
The Code
requirement is
triggered when
the use is
proposed
adjacent or
separated by
an alley to a
residentially
zoned
property. Faeh
Avenue is a
local road and
not an alley.
2. Driveways Drive-in and drive-through
restaurants shall have two
points of ingress/egress
Access is
provided from
El Camino
Real and
separately
from the
adjacent
commercial
site
Meets Code.
3. Queuing Drive-in and drive-through
restaurants shall have a
capacity for queuing a
minimum of eight vehicles
awaiting service. Queuing area
shall not interfere with on or
off-site circulation patterns and
shall be reviewed and
approved by the City Engineer
prior to approval of a CUP
Queuing for
nine (9)
vehicles is
provided in the
drive-through
Meets Code.
4. Parking A parking and vehicular
circulation plan encompassing
adjoining streets and alleys
shall be submitted for review
Parking
provided on-
site is in
excess of that
Meets Code.
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 7
Code Section Requirement CUP 16-008 Notes
and approval by the City
Engineer and Planning Director
Prior to approval of a CUP
required by
the Municipal
Code.
5. Refuse Storage
Area
A minimum of one outdoor
trash receptacle shall be
provided on-site adjacent to
each driveway exist or as
approved by the Planning
Director. At least one additional
on-site outdoor trash
receptacle shall be provided for
every ten (10) required parking
spaces.
Trash
receptacles,
other than the
dumpster
area, are not
identified on
the site plans.
However, the
site has ample
room to
provide the
required five
(5) total
receptacles
and the
project has
been
conditioned to
require them.
Meets Code
as
conditioned.
6. Noise Any drive-up or drive-through
speaker system shall be limited
to one that emits no more than
fifty (50) decibels four feet
between the vehicle and the
speaker, and shall not be
audible above daytime ambient
noise levels beyond the
property boundaries. The
system shall be designed to
compensate for ambient noise
levels in the immediate area,
and shall not be located within
thirty (30) feet of any
residential district or any
property used for residential
uses.
The speaker
system has
been located
and designed
to comply with
the Municipal
Code.
Meets Code
as
conditioned.
Additional
information
provided by
applicant
explains
ordering
system and
noise
reduction rate
by distance
from speaker,
which is more
than thirty feet
(30’) from
residential
properties.
Item 10.a. - Page 7
CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 8
Neighborhood Compatibility
As identified above, the project site is located across the street from a single-family
residential development, but is also contained in a mixed-use zoning district. The project
has been revised and conditioned through the entitlement process in an attempt to
address compatibility issues with the adjacent residences, including the reconfiguration
of the drive-thru, the changed technology of the ordering menu and speaker, odor
elimination system implementation, and limiting operating hours. Operational noise,
litter, and traffic remain items of concern voiced by many of the residents in the
neighborhood. However, the intent of the requirements identified in Table 2 above is to
reduce these to levels acceptable when considering the City as a whole.
Hours of Operation
During the Planning Commission’s review of the project, hours of operation were a
significant point of discussion due to the project’s proximity to the residential
neighborhood. At the February 6, 2017 Planning Commission meeting, the applicant
agreed to revisions to the hours of operation proposed by the Commission. The drive-
thru operation of the use is proposed to be in operation from 10:00 am to 10:00 pm
daily, while the sit-down operation is proposed to be in operation from 10:00 am to
10:00 pm Sunday through Thursday and 10:00 am to 12:00 am Friday and Saturday.
These restrictions are included as Condition of Approval #116 in the prepared
Resolution.
Noise and Ordering Kiosk
The drive-thru is proposed to utilize an audible ordering kiosk to allow employees to
interact with customers. This has raised concerns from neighbors regarding impacts
from the additional noise being produced by the use. The ARC and the Planning
Commission discussed the potential to include a non-audible ordering system with the
drive-thru in order to reduce noise impacts. However, the applicant provided information
regarding the anticipated noise resulting from the audible ordering kiosk utilizing
Automatic Volume Control (AVC). Automatic Volume Control measures the ambient
noise level in the drive-thru and adjusts the outbound level so that it is 15 decibels
above ambient noise levels. The information provided goes on to explain the sound
reduction based on distance from the ordering system and other guidelines regarding
the location of the ordering system. The use of AVC technology addressed concerns
expressed by the Planning Commission, but the Commission recommended an
acoustical study of the drive-thru be conducted to help determine the most appropriate
location for the ordering kiosk in order to reduce impacts to the neighbors.
The applicant provided an Acoustics Assessment evaluating the potential impact of on-
site noise associated with the proposed use (Attachment 8). The study discusses
existing ambient noise levels in the neighborhood, projections of ambient noise levels in
the future with increased traffic on Highway 101, the potential noise generated from the
proposed use, and how the generated noise would be lessened based on the AVC
ordering system and construction of the six foot (6’) screen wall proposed around the
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 9
drive-thru. The study concludes that the project will not be audible above ambient noise
levels to the residences located across Faeh Avenue. However, if the Council
determines noise from the use is objectionable, elimination of the drive-thru component
of the project would go the furthest to address noise concerns associated with the
project.
Odor
In response to neighborhood concerns and compatibility issues regarding odors
resulting from the fast food operation, the applicant has proposed to include a
commercial kitchen exhaust system, known as a Pollution Control Unit (PCU). The PCU
is specifically intended to remove grease particles and smoke from air released from the
restaurant. During the Planning Commission’s February 6, 2018 meeting, the
Commission modified Condition of Approval #34 to require a Level 3 PCU be installed,
to eliminate odors from the restaurant. The Commission also required that annual
maintenance reports be provided to the City to ensure the system is being properly
maintained. There is currently no mechanism for the costs of receiving and filing the
maintenance report, estimated at approximately one (1) hour of staff time per year, to
be recuperated.
It should be noted that the PCU does not address the odor resulting from vehicles idling
in the drive-thru. This point was raised by several speakers during the Commission’s
consideration of the project. The proposed CMU screen wall will help redirect these
odors away from the adjoining neighborhood, but elimination of the drive-thru is the only
method to ensure the odors from idling vehicles is reduced to the maximum amount
possible for a fast-food restaurant. However, the area’s location in close proximity to US
101 may overshadow these potential impacts.
Site Access
The project proposes two (2) public access points to the site: the primary point of
ingress and egress from El Camino Real and a secondary point of ingress and egress
from the adjoining commercial lots at 775 and 799 El Camino Real on the western side
of the northern property line. These two points are in compliance with Municipal Code
requirements for drive-thru projects. The proposed ingress and egress points preserve
the existing Park & Ride spaces constructed on El Camino Real. The secondary access
point will allow vehicles to access the lots where adjoining commercial businesses are
located and the applicant has provided a circulation exhibit indicating how vehicles will
enter and exit the project through the developed sites (see Sheet 4 of Attachment 11).
The Planning Commission reviewed the proposed points of access, recommended that
they had the least amount of impact on the adjoining residences in comparison to other
access options, and recommended the project be conditioned to provide appropriate
easements to ensure vehicular travel across the developed parcels due to the
applicant’s acquisition of those parcels.
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CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 10
Parking
As identified in Table 1, fast-food restaurants require parking at a ratio of 1/75 square-
feet of building space accessible by the public. The proposed project includes
approximately 1,700 square-feet of floor space accessible to the public. This includes
the 450 square-foot outdoor patio area, resulting in a parking requirement of twenty-
three (23) spaces. In total, thirty-eight (38) parking spaces are being provided,
exceeding the City’s requirements. The current site plan addresses issues that were
previously identified during the entitlement process, including pedestrian/vehicle
conflicts entering the building and ADA parking facilities near the building’s entrance.
Additionally, the Planning Commission conditioned the height of the light standards in
the parking lot to twelve feet (12’) and for a lighting schematic showing the minimization
of light spill and glare for review by the ARC with a recommendation to the Community
Development Director. The applicant has included a preliminary photometric schematic
that shows compliance with the AGMC and the final schematic will be reviewed by the
ARC as conditioned (see Sheets E-100 and E-101 of Attachment 11)
Restricted Parking on Faeh Avenue
Through the entitlement process for the project, the residential neighborhood has voiced
concerns regarding Faeh Avenue being used for parking by the restaurant, either by
employees, customers, or trucks with trailers. While this concern was most evident
when vehicular and pedestrian access to the site was available from Faeh Avenue and
has been reduced with the elimination of those access points, the neighborhood
remains concerned that Faeh Avenue will be used for commercial parking. During the
Planning Commission’s review of the project, members of the Commission expressed
support for limiting parking on Faeh Avenue either by establishing permit parking,
limiting the duration of parking to thirty (30) minutes on the north side to ensure
turnover, or by prohibiting truck parking on the street. Some members of the
Commission opined that with the acquisition of the adjoining commercial parcels, the
concern may be diminished. In response to a recommendation from staff, the
Commission recommended the issue be highlighted for the Council to consider with a
specific recommendation from the Police Department on the preferred course of action.
The Police Department has recommended no additional street parking restrictions be
put in place due to the impact to personnel resources it would take to provide parking
permits and/or enforce parking limitations.
Traffic
As part of the environmental review process for the project, the applicant contracted
with the City’s on-call civil engineer to prepare a Transportation Impact Analysis Report
(TIAR). The TIAR includes trip generation using the Institute of Transportation
Engineers Trip Generation factors. The originally proposed, 2900 square-foot project
was anticipated to generate:
Seventy-four (74) new AM Peak Hour trips; and
Fifty-three (53) new PM Peak Hour trips.
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CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 11
Of the ten (10) intersections studied, all but two (2) intersections currently operate at a
level-of-service (LOS) “C” or better, while Brisco Road/El Camino Real operates at an
LOS “D” and East Grand Avenue/El Camino Real operates at an LOS “F”. It should be
noted that the LOS “F” at El Camino Real/East Grand Avenue is a result of vehicle
delay attempting to enter on East Grand Street and not traveling through East Grand
Street. The proposed project will add to the congestion at the identified intersections,
and will contribute to the future condition of Brisco Road/US 101 northbound ramps
falling to an LOS “D”. As such, the TIAR identifies that payment of the proposed
project’s pro-rata share percentages for each intersection to reduce the level of
significance of impact.
At the request of Caltrans due to the project’s location to US 101, a merge/diverge
analysis was conducted for the northbound on and off ramps at Brisco Road and the
southbound on and off ramps at Halcyon Road. The result of this analysis is that the
project will not have an impact to the operation of those freeway segments.
During the Traffic Commission’s review of the TIAR, they recommended that the traffic
signal identified in the TIAR for the El Camino Real/East Grand Avenue intersection be
required to be installed by the applicant prior to the restaurant opening. However,
although the LOS is impacted at that intersection, it is not clear at this time that
appropriate warrants have been met to allow signal installation. These signal warrants,
as identified in the California Manual on Uniform Traffic Control Devices published by
Caltrans, can deal with vehicular volumes, pedestrian volumes, crash experiences, and
the overall roadway network, but do not include LOS delay, particularly from a low
volume side street, as a warrant for signal installation. Therefore, neither staff nor the
applicant believe a traffic signal is warranted. As such, Condition of Approval #107 has
been worded to require the developer to submit a traffic warrant analysis prior to
issuance of building permits. If the traffic warrant analysis indicates the traffic signal is
warranted, the developer will design and install a traffic signal at the intersection. Costs
of the traffic signal in excess of the developer’s fair share may be subject to
reimbursement from other benefitting development projects. If the traffic warrant
analysis indicates the traffic signal is not warranted, the developer will pay its fair share
of mitigation fees for installation of a traffic signal at this intersection. The Planning
Commission advised the applicant to complete the traffic warrant analysis prior to the
Council’s consideration of the project to clarify this issue; however, the applicant opted
to defer the study until a final determination has been made on the entitlement due to
additional costs associated with the analysis.
Architecture
The building’s architecture, as seen in the image below, is proposed to be a
contemporary commercial design with features typical of Louisiana, tying in the
company’s name to the building’s architecture. The building will utilize parapets of
varying heights to screen rooftop mechanical equipment. Faux window shutters will be
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CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
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utilized to break up the buildings massing. The awning over the drive-thru window will
be made to look like a balcony, common of second stories in Louisiana. A ledgestone
wainscot is proposed around the entirety of the building, separated from the remainder
of the wall plane by a dark grey (“Folkstone”) accent band, matching the accent band
around the parapet of the building. The building will primarily be light tan and brown
colors (“Bagel” and “Smokey Topaz”). The final building design will return to the ARC for
review and recommendation to the Community Development Director prior to building
permit issuance.
Landscaping
The conceptual landscape plan includes the plantin of twenty-five (25) new trees,
including City-approved street trees, flowering accent trees, and evergreen trees.
Additional shrubs and ground cover will be included in the project. These meet the
requirements for trees based on number of parking spaces as outlined in Subsection
16.56.130.3.d of the AGMC. The applicant also proposes to provide a heavy degree of
vegetation planting on the residential side of the drive-thru screen wall, with a red
flowering vine such as Bougainvillea growing on the wall to soften the elevation from
residences across Faeh Avenue. The final landscape plans will be reviewed by the
ARC, as well as comply with the Model Water Efficient Landscape Ordinance.
Screen Wall
The applicant has proposed the construction of a six foot (6’) concrete block wall in
response to ARC and Planning Commission concerns regarding drive-thru impacts on
the residences to the south. As discussed previously, the screen wall would be heavily
landscaped to soften the appearance of the wall. The screen wall would help to reduce
drive-thru and restaurant noise as well. At the February 6, 2018 Planning Commission
meeting, the Commission conditioned the wall design to be constructed of decorative or
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CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 13
cut block and include pillars and concrete caps at standard intervals to make the wall
more aesthetically pleasing while the landscaping is getting established. The
Commission additionally conditioned the wall to extend southeast around the curve of
the drive-thru to ensure headlights do not shine on residences across Faeh Avenue.
Signage
The project plans indicate four (4) total signs, including one (1) internally illuminated
channel letter wall sign on the front elevation facing El Camino Real, two (2) internally
illuminated wall logos on the west and east elevations, and one (1) “freeway” sign in the
front planter area. Formal sign plans have not been submitted as part of the proposed
project and will require separate processing and approval of a Planned Sign Program to
determine compliance with the Municipal Code. Therefore, the location and size of
signage indicated should be reviewed for illustrative purposes only.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt the attached Resolution adopting the Mitigated Negative Declaration and
approving Lot Merger 16-001 and Conditional Use Permit 16-008;
2. Modify as appropriate and adopt the attached Resolution adopting the Mitigated
Negative Declaration and approving Lot Merger 16-001 and Conditional Use
Permit 16-008;
3. Modify and adopt the attached Resolution adopting the Mitigated Negative
Declaration and approving Lot Merger 16-001 and Conditional Use Permit 16-
008, without the drive-thru component of the project;
4. Do not adopt the attached Resolution, take tentative action to deny the project,
provide specific findings for denial of the project, and direct staff to return with an
appropriate resolution for denial; or
5. Provide direction to staff.
ADVANTAGES:
The proposed project will develop a currently vacant site with an additional restaurant
choice in close proximity to the freeway and therefore will benefit residents and visitors
to the City. The proposed use will additionally increase City sales tax revenue. The
applicant has taken steps to address a number of issues raised through the entitlement
process and additional conditions of approval have been included to address
compatibility issues with the adjacent residential neighborhood.
DISADVANTAGES:
The proposed project would place a drive-thru restaurant in close proximity to a
residential neighborhood. Additional impacts to the neighborhood will result from traffic
associated with the proposed project. However, the site is appropriately zoned for a
resident and visitor serving use in close proximity to the freeway.
Item 10.a. - Page 13
CITY COUNCIL
CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008,
AND MITIGATED NEGATIVE DECLARATION
MARCH 27, 2018
PAGE 14
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA) Guidelines, a
Mitigated Negative Declaration has been prepared for the project (Attachment 9).
Mitigation is required for air quality, cultural resources, greenhouse gas emissions,
hydrology/water quality, noise, transportation/traffic, and tribal cultural resources.
The Initial Study/Draft Mitigated Negative Declaration was sent to the State
Clearinghouse, and referrals were sent to responsible agencies and agencies that may
be impacted by the project, including Caltrans, San Luis Obispo County Air Pollution
Control District, tribal representatives, and Heal-SLO. Comments on the project were
received from Heal-SLO. No additional comments on the MND were received.
PUBLIC NOTIFICATION AND COMMENT:
A notice of public hearing was mailed to all property owners within 300’ of the project
site, was published in The Tribune, and posted at City Hall and on the City’s website on
March 16, 2018. A sign announcing the public hearing was posted at the project site on
March 13, 2018, in accordance with City policy. The Agenda was posted at City Hall
and on the City’s website in accordance with Government Code Section 54954.2.
Several items of correspondence have been received regarding the proposed project
and are included as Attachment 10.
Attachments:
1. Project vicinity map
2. Minutes of the June 19, 2017 Architectural Review Committee meeting
3. Minutes of the August 14, 2017 Traffic Commission meeting
4. Minutes of the September 18, 2017 Traffic Commission meeting
5. Transportation Impact Analysis Report and Memorandum
6. Minutes of the October 17, 2017 Planning Commission meeting
7. Minutes of the February 6, 2018 Planning Commission meeting
8. Acoustics Assessment
9. Draft Mitigated Negative Declaration
10. Correspondence received regarding the project
11. Project plans (distributed under separate cover to City Council and available as a
separate Attachment on City website)
Item 10.a. - Page 14
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING LOT MERGER 16-001
AND CONDITIONAL USE PERMIT 16-008; LOCATED AT
727 EL CAMINO REAL; APPLIED FOR BY ELA FOODS,
INC.
WHEREAS, the project site is currently vacant, located at 727 El Camino Real, and zoned
Highway Mixed-Use (HMU); and
WHEREAS, the applicant has filed Lot Merger 16-001 and Conditional Use Permit 16-008
for the construction of an approximately 2,650 square foot fast-food restaurant with drive-
thru and associated site improvements; and
WHEREAS, the Architectural Review Committee considered the project on June 19, 2017
and recommended approval with conditions; and
WHEREAS, the Traffic Commission considered the project on August 14, 2017 and
September 18, 2017 and recommended approval with conditions; and
WHEREAS, the Planning Commission considered the project on October 17, 2017 and
February 6, 2018 and recommended approval with conditions; 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 draft Mitigated
Negative Declaration; and
WHEREAS, the City Council has reviewed the project at a duly noticed public hearing on
March 27, 2018; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Lot Merger Findings:
1. The lot merger is in compliance with the Subdivision Map Act.
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan, and
the development policies and standards of the City.
Item 10.a. - Page 15
RESOLUTION NO.
PAGE 2
The proposed fast food restaurant with drive-thru is a permitted use within
the HMU zoning district with approval of a conditional use permit, which
ensures that the project complies with all applicable provisions of the
General Plan and development policies and standards of the City.
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 use fast-food restaurant with drive-thru is proposed on a
vacant commercial parcel zoned HMU located in convenient proximity to US
Highway 101 and would not impair the integrity of the HMU district due to
the intent of the district to provide areas for a variety of visitor-serving and
auto-related uses in areas convenient to both freeway traffic ad vehicles or
pedestrians, including restaurants.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is approximately 0.79 acres of vacant land and meets the
development standards of the HMU zoning district and the Arroyo Grande
Municipal Code, and is suitable for the intensity of the development. The
project additionally meets the design standards for drive-thru uses identified
in Subsection 16.52.090.C of the Arroyo Grande Municipal Code.
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 processing of the entitlement 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 use will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the
vicinity as it will comply with all applicable codes and standards of the
Municipal Code and in accordance with conditions of approval specifically
developed for the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
hereby adopts the Mitigated Negative Declaration as set forth in Exhibit “B”, on file in the
Community Development Department and directs the City Clerk to file a Notice of
Determination and approves Lot Merger 16-001 and Conditional Use Permit 16-008 as set
forth in Exhibit “C”, attached hereto and incorporated herein by this reference, with the
above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
Item 10.a. - Page 16
RESOLUTION NO.
PAGE 3
On motion by Council Member _________, seconded by Council Member _________,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 27th day of March, 2018
Item 10.a. - Page 17
RESOLUTION NO.
PAGE 4
________________________________________
JIM HILL, MAYOR
ATTEST:
________________________________________
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
________________________________________
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
________________________________________
HEATHER K. WHITHAM, CITY ATTORNEY
Item 10.a. - Page 18
RESOLUTION NO.
PAGE 5
EXHIBIT ‘A’
CONDITIONS OF APPROVAL
LOT MERGER 16-001 AND CONDITIONAL USE PERMIT 16-008
727 EL CAMINO REAL
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the construction of an approximately 2,650 square foot
fast food restaurant with drive-thru.
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 applicable conditions of approval and mitigation
measures for Lot Merger 16-001 and Conditional Use Permit 16-008.
4. This application shall automatically expire on March 27, 2020 unless a building
permit is issued or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
5. Development shall conform to the Highway Mixed-Use zoning district requirements
except as otherwise approved.
6. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of March 27, 2018 and marked Exhibit “C”.
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 any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
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
Item 10.a. - Page 19
RESOLUTION NO.
PAGE 6
elevations and landscape plan.
10. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code.
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”, except as otherwise modified by this approval.
12. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans including those specifically modified by these conditions.
13. The developer shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”, except as otherwise modified by this approval. All parking
spaces adjacent/parallel to a wall, fence, or property line shall have a minimum
width of 11 feet.
14. All parking areas of five or more spaces shall have an average of one-half foot-
candle illumination per square foot of parking area for visibility and security during
hours of darkness.
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. The trash enclosure
area shall accommodate recycling container(s). The location and function of the
trash enclosures shall be reviewed and approved by South County Sanitation prior
to approval of the improvement plans.
16. Final design and location of the trash enclosure(s) and locations of all other trash
receptacles required by Municipal Code Section 16.52.090 shall be reviewed by
the Architectural Review Committee and approved by the Community
Development Director.
17. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities
shall be restricted to between the hours of 8 a.m. and 5 p.m. 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. 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) and shall
comply with the 2013 California Energy Code.
Item 10.a. - Page 20
RESOLUTION NO.
PAGE 7
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 the approved landscaping plan shall be installed
or bonded for before final building inspection/establishment of use. The
landscape and irrigation plan shall be prepared by a licensed landscape architect
subject to review and approval by the Community Development and Public
Works Departments. The landscape plan shall be in conformance with
Development Code Chapter 16.84 (Model Water Efficient Landscaping
Ordinance).
21. All planted areas shall be continuously maintained in a healthy, growing condition,
shall receive regular pruning, fertilizing, mowing and trimming, and shall be kept
free of weeds and debris by the owner or person in possession of such areas. Any
damaged, dead or decaying plant material shall be replaced within thirty (30) days
from the date of damage.
22. Trees shall be provided at a ratio of one tree for every five parking spaces.
23. For projects approved with specific exterior building colors, the color and
manufacturer shall be identified on building plans. 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.
24. All new electrical panel boxes shall be installed inside the building.
25. All Fire Department Connections (FDC) shall be located near a fire hydrant,
adjacent to a fire access roadway, and screened to the maximum extent allowed
while maintaining easy identification and access by the Five Cities Fire Authority.
26. Double detector check valve assemblies shall be located 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.
Item 10.a. - Page 21
RESOLUTION NO.
PAGE 8
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.
SPECIAL CONDITIONS
29. All store deliveries shall be restricted to between the hours of 7:00 AM to 8:00 PM
to ensure compatibility with existing residential development in the vicinity.
30. Delivery truck drivers shall be instructed to turn off engines when trucks are parked
or being unloaded.
31. The developer shall record a Notice of Land Use Restrictions and Conditions on
the property with the San Luis Obispo County Clerk Recorder, on a form provided
by the Community Development Department, prior to issuance of any permit for
construction.
32. It is the City’s preference that the Notice of Merger be recorded via map but can
also be recorded via a certificate of compliance in compliance with the Subdivision
Map Act. All pertinent conditions of approval satisfied prior to issuance of any
building permit. If the merger is recorded via a map, 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. If the merger is recorded via a
certificate of compliance, information from the tax collector’s office shall be
provided to show that there are no unpaid taxes or special assessments against
the property.
33. The proposed use shall meet all standards contained in Municipal Code Section
16.52.090.
34. A Level 3 Pollution Control Unit with odor control shall be installed and maintained
per the manufacturer’s recommendation to eliminate odor and grease laden air
from leaving the restaurant. The maintenance report of the unit shall be provided to
the City on an annual basis for review to ensure proper maintenance is occurring.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
BUILDING CODES
35. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
Item 10.a. - Page 22
RESOLUTION NO.
PAGE 9
FIRE LANES
36. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
37. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
38. Project shall have a fire flow in accordance with the California Fire Code.
39. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
40. Two (2) new fire hydrants shall be installed, with one (1) installed on Faeh Avenue
and one (1) installed on El Camino Real. The specific location of the fire hydrants
shall be reviewed and approved by the Building Official and the Fire Chief.
SECURITY KEY BOX
41. The applicant must provide an approved "security key vault," per Building and Fire
Department guidelines and per the California Fire Code.
FIRE SPRINKLER
42. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code.
ABANDONMENT / NON-CONFORMING
43. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
DEMOLITION PERMIT / RETAINING WALLS
44. A demolition permit must be applied for, approved and issued. All asbestos and
lead shall be verified if present and abated prior to permit issuance.
SPECIAL CONDITIONS
45. One week prior to scheduling of final inspection or any issuance of
certificate of occupancy, a project inspection by the Building, Planning, and
Engineering Divisions and Public Works Department is required.
46. Applicant shall fund outsourced plan check services, as required.
Item 10.a. - Page 23
RESOLUTION NO.
PAGE 10
ENGINEERING DIVISION CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE
PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
47. The Applicant shall develop, implement and provide the City a:
a. Prior to a building or grading permit a Stormwater Control Plan that clearly
provides engineering analysis of all Water Quality Treatment, Runoff
Retention, and Peak Flow Management controls complying with
Engineering Standard 1010 Section 5.2.2.
b. Prior to final acceptance an Operations and Maintenance Plan and
Maintenance Agreements that clearly establish responsibility for all Water
Quality Treatment, Runoff Retention, and Peak Flow Management controls
complying with Engineering Standard 1010 Section 5.2.3.
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls are being
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).
GENERAL CONDITIONS
48. The developer shall sweep streets in compliance with Standard Specifications
Section 13-4.03F.
49. For work requiring engineering inspections, working hours shall comply with
Standard Specification Section 5-1.01.
50. Provide trash enclosure in compliance with Engineering Standard 9060 with
solid/rain-deflecting roof. Provide a grease trap prior to draining to sanitary sewer
or appropriate LID stormwater device.
51. Trash enclosure area(s) shall be screened from public view with landscaping or
other appropriate screening materials, and shall be reserved exclusively for
dumpster and recycling container storage. Interior vehicle travel ways shall be
designed to be capable of withstanding loads imposed by trash trucks.
52. 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.
53. The property owner shall provide maintenance of all landscaping placed in and
adjacent to the development.
Item 10.a. - Page 24
RESOLUTION NO.
PAGE 11
54. Record Drawings (“as-built” plans) are required to be submitted prior to release of
the Faithful Performance Bond.
55. Submit record drawings at the completion of the project or improvements as
directed by the Community Development Director in compliance with Engineering
Standard 1010 Section 9.3E. Provide One (1) set of paper prints and electronic
documents on CD or flash drive in both AutoCAD and PDF format.
56. Submit three (3) full-size paper copies and one (1) electronic PDF file of approved
improvement plans for inspection purposes during construction.
57. Preserve existing survey monuments and vertical control benchmarks in
compliance with Standard Specifications Section 5-1.26A
58. Provide one (1) new vertical control survey benchmark, per City Standard, as
directed by City Engineer.
IMPROVEMENT PLANS
59. Improvement plans must comply with Engineering Standard 1010 Section 1 and
shall be prepared by a registered Civil Engineer or qualified specialist licensed in
the State of California and approved by the Public Works Department and/or
Community Development Department. The following plan sheet shall be provided:
a. Site Plan
i. The location and size of all existing and proposed water, sewer, and
storm drainage facilities within the project site and abutting streets or
alleys.
ii. The location, size and orientation of all trash enclosures.
iii. All existing and proposed parcel lines and easements crossing the
property.
iv. The location and dimension of all existing and proposed paved areas.
v. The location of all existing and proposed public or private utilities.
vi. Location of 100-year flood plain and any areas of inundation within
project area.
b. Grading Plan with Cross Sections
c. Retaining Wall Plan and Profiles
d. Roadway Improvements Plan and Profiles
e. Storm Drainage Plan and Profile
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. Tree Protection Plan
l. Details
Item 10.a. - Page 25
RESOLUTION NO.
PAGE 12
m. Notes
n. Conditions of Approval and Mitigation Measures
o. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
p. Engineers estimate for construction cost based on County of San Luis
Obispo unit cost.
60. Submit all retaining wall calculations for review and approval by the Community
Development Director including any referenced geotechnical report.
61. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
62. Applicant shall fund outsourced plan and map check services, as required.
63. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right-of-way.
STREET IMPROVEMENTS
64. 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 an overlay or type 2 slurry seal.
65. Remove existing roadway striping and markers prior to any overlay or slurry seal
work to the satisfaction of the Public Works Director. Use only thermoplastic
roadway striping.
CURB, GUTTER, AND SIDEWALK
66. Install new concrete curb, gutter, and sidewalk on El Camino Real and Faeh
Avenue and as directed by the Community Development Director and Public Works
Director.
67. Driveway crossings shall have a decorative treatment and the applicant shall color
any such new facilities as directed by the Community Development Director.
68. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
69. 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.
70. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
Item 10.a. - Page 26
RESOLUTION NO.
PAGE 13
DEDICATIONS AND EASEMENTS
71. 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 Developer shall be responsible for all required
fees, including any additional required City processing.
72. A drainage, sewer main and/or water main easement(s) shall be dedicated to the
public on the map.
73. 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.
74. The project shall provide a 15’ sanitary sewer easement for the sewer main
servicing the adjacent properties on El Camino Real.
GRADING AND DRAINAGE
75. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two
(2) copies 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 Grading Ordinance
and Standard Specifications and Engineering Standards.
77. Drainage facilities shall be designed in compliance with Engineering Standard
1010 Section 5.1.2.
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. The
date of the soils report shall be less than 3 years old at the time of submittal.
79. The applicant shall dedicate a pedestrian access easement(s) for any ADA
sidewalk extension.
80. Infiltration basins shall be designed based on soil percolation tests. Infiltration
test shall include adequate borings depth and frequency to support design
recommendations.
Item 10.a. - Page 27
RESOLUTION NO.
PAGE 14
81. The applicant shall submit an engineering study regarding flooding related to the
project site. 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.
WATER
82. Whenever possible, all water mains shall be looped to prevent dead ends. The
Public Works Director must grant permission to dead end water mains.
83. The applicant shall replace the public water main with a new 8” main to
adequately serve the project across the property frontage.
84. A Reduced Pressure Principle (RPP) backflow device is required on all water
lines to the structure and landscape irrigation.
85. A Double Detector Check (DDC) backflow device is required on the water service
line to the building.
86. Non-potable water is available at the Soto Sports Complex. The City of Arroyo
Grande does not allow the use of hydrant meters.
87. Existing water services to be abandoned shall be abandoned in compliance with
Engineering Standard 6050.
SEWER
88. All sewer laterals shall comply with Engineering Standard 6810.
89. Existing sewer laterals to be abandoned shall be abandoned in compliance with
Engineering Standard 6050.
90. The parcel shall be provided a separate sewer lateral. Laterals shall be sized for
the appropriate use, minimum 4”.
91. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with Standard Specifications and Engineering
Standards.
92. Obtain approval from the South County Sanitation District for the development’s
impact to District facilities prior to permit issuance.
93. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
Item 10.a. - Page 28
RESOLUTION NO.
PAGE 15
PUBLIC UTILITIES
94. 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.
95. Prior to approving any building permit within the project for occupancy, all
conditions of approval for project are satisfied.
96. 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 Director of Public Works for approval.
97. Street lighting shall comply with Engineering Standard 1010 Section 3.1.2.Q.
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
98. FEES TO BE PAID PRIOR TO ISSUANCE OF PERMIT
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)
99. 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).
Item 10.a. - Page 29
RESOLUTION NO.
PAGE 16
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. Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
k. 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.
l. 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.
BONDING SURETY
100. 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.
101. 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. Erosion Control and Landscape, 100% of the approved estimated
cost of all erosion control work during construction and the estimated
cost of all final landscaping after construction is complete. This bond
is refundable upon successful completion of the work, less expenses
uncured by the City in maintaining and/or restoring the site.
c. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
d. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
e. Monumentation, 100% of the estimated cost of setting survey
Item 10.a. - Page 30
RESOLUTION NO.
PAGE 17
monuments.
f. 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.
PUBLIC SAFETY CONDITIONS
102. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
103. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per the California Building Code.
104. Prior to issuance of a certificate of occupancy, the applicant shall install a
burglary [or robbery] alarm system on commercial buildings per Police Department
guidelines, and pay the Police Department alarm permit application fee and annual
renewal fee.
105. Prior to issuance of a certificate of occupancy, for any parking lots available to
the public located on private lots, the developer shall post private property “No
Parking” signs in accordance with the handout available from the Police
Department.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
106. Eliminate all turf on the site.
TRAFFIC COMMISSION CONDITIONS
107. Prior to issuance of building permits, the developer shall submit a traffic
warrant analysis prepared by a registered civil engineer for the installation of a
traffic signal at the intersection of El Camino Real and E. Grand Avenue. If the
traffic warrant analysis indicates the traffic signal is warranted, prior to issuance of
building permits, the developer shall design and install a traffic signal at the
intersection of El Camino Real and E. Grand Avenue, to the satisfaction of the City
Engineer. Costs of the traffic signal in excess of the developer’s fair share may be
subject to reimbursement from other benefiting development projects. If the traffic
warrant analysis indicates the traffic signal is not warranted, prior to issuance of
building permits the developer shall pay fair share mitigation fees for installation of
a traffic signal and all appurtenances at the intersection of El Camino Real and E.
Grand Avenue, as determined by the City Engineer.
108. The City shall investigate traffic calming measures on local neighborhood
roadways within one (1) year of operation of the project. The developer shall be
required to reimburse the City the costs of the study and install required traffic
calming measures resulting from the study.
Item 10.a. - Page 31
RESOLUTION NO.
PAGE 18
PLANNING COMMISSION CONDITIONS
109. The project shall comply with the noise ordinance, and an acoustical study shall be
completed prior to City Council consideration to determine if the ordering kiosk is
required to be moved.
110. Waterless urinals shall be required in the restrooms.
111. The wall along Faeh Avenue shall be decorative or cut block with pillars and
concrete caps and appropriate landscaping, colored to match the building, and the
final design shall return to the Architectural Review Committee for a
recommendation to the Community Development Director.
112. Modified drive-thru Alternative #2 presented by the applicant is recommended by
the Planning Commission.
113. The applicant shall extend the six foot (6’) wall along Faeh Avenue southeast
around the curve of the drive-thru.
114. Parking lot light standards shall be limited to twelve feet (12’) in height and a
lighting schematic/photometric study shall be submitted to minimize light spill and
glare, for review and recommendation by the Architectural Review Committee final
approval by the Community Development Director.
115. The building shall be pre-wired for installation of solar panels.
116. Operation of the drive-thru shall be limited from 10:00 am to 10:00 pm daily and
operation of the interior of the store shall be limited from 10:00 am to 10:00 pm
Sunday through Thursday and from 10:00 am to 12:00 am Friday and Saturday.
117. Pavement markings of the parking lot and parking/access areas on the adjoining
“AG 2” parcel shall be reviewed and approved by the City Engineer.
118. Appropriate reciprocal access and parking easements shall be recorded between
the subject property and adjacent properties, with parking spaces to remain
unassigned.
119. The grease trap shall be located on the north side of the structure and sized in
accordance with the “flow size” method.
120. A solid six foot (6’) fence shall be included on the western boundary of the project
site to allow separation between the two properties.
Item 10.a. - Page 32
RESOLUTION NO.
PAGE 19
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.
MM AQ-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of
the California Code of Regulations. This regulation limits idling from diesel-
fueled commercial motor vehicles with gross vehicular weight ratings of more
than 10,000 pounds and licensed for operation on highways. It applies to
California and non-California based vehicles. In general the regulation specifies
that drivers of said vehicles:
Shall not idle the vehicle’s primary diesel engine for greater than 5
minutes at any location.
Shall not operate a diesel-fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater that 5 minutes at any
location when within 1,000 feet of a restricted area.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM AQ-2: Off-road diesel equipment shall comply with the 5-minute idling
restriction identified in Section 2449(d)(2) of the California Air Resources Board’s
In-Use Off-Road Diesel regulation.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM AQ-3: Signs must be posted in the designated queuing areas and job sites
to remind drivers and operators of the State’s 5 minute idling limit.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM AQ-4: The project applicant shall comply with these more restrictive
requirements to minimize impacts to nearby sensitive receptors (adjacent
Item 10.a. - Page 33
RESOLUTION NO.
PAGE 20
residential development):
Staging a queuing areas shall not be located within 1,000 feet of sensitive
receptors;
Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
Use of alternative fueled equipment is recommended; and
Signs that specify no idling areas must be posted and enforced at the site.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM AQ-5: The project shall implement the following mitigation measures to
manage nitrogen oxide (NOX), reactive organic cases (ROG), and diesel
particulate matter (DPM) emissions:
Maintain all construction equipment in property tune according to
manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment with ARB 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 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;
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.
MM AQ-6: The project shall implement the following mitigation measures to
manage fugitive dust emissions such that they do not exceed the APCD’s 20%
opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402).
Reduce the amount of the disturbed area where possible;
Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the APCD’s limit of
20% opacity for greater than 3 minutes in any 60 minute period.
Item 10.a. - Page 34
RESOLUTION NO.
PAGE 21
Increased watering frequency would be required when wind speeds
exceed 15 mph. Reclaimed (non-potable) water shall be used;
All dirt stock pile areas should be sprayed daily and covered with tarps or
other dust barriers as needed;
Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as
possible, following completion of any soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading should be shown with a fast
germinating, non-invasive, grass seed and watered until vegetation is
established;
All disturbed soil areas not subject to revegetation should 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 should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance with
CVC Section 23.114;
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 shall be used with reclaimed water
should be used where feasible. Roads shall be pre-wetted prior to
sweeping when feasible;
A listing of all required mitigation measures should be included on grading
and building plans; and,
The contractor or builder shall designate a person or persons to monitor
the fugitive dust emissions and enhance the implementation of the
measures as necessary to minimize dust complaints, reduce visible
emissions below the APCD's limit of 20% opacity for greater than 3
minutes in any 60 minute period. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD
Compliance Division prior to the start of any grading, earthwork or
demolition.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Item 10.a. - Page 35
RESOLUTION NO.
PAGE 22
Timing: During Construction
MM AQ-7: Prior to the start of the project, the applicant shall obtain all necessary
permits for equipment to be used during construction by contacting the APCD
Engineering Division at (805) 781-5912.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: Prior to start of work
MM AQ-8: Burning of vegetative material on the development site shall be
prohibited.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM AQ-9: Should hydrocarbon-contaminated soil be encountered during
construction activities, the APCD shall be notified within forty-eight (48) hours of
such contaminated soil being discovered to determine if an APCD permit is
required. In addition, the following measures shall be implemented immediately
after contaminated soil is discovered:
Covers on storage piles shall be maintained in place at all times in areas
not actively involved in soil addition or removal.
Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH – non-permeable barrier such as plastic
tarp. No headspace shall be allowed where vapors could accumulate.
Covered piles shall be designed in such a way as to eliminate erosion due
to wind or water. No openings in the covers are permitted.
During soil excavation, odors shall not be evident to such a degree as to
cause a public nuisance.
Clean soil must be segregated from contaminated soil.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During Construction
MM AQ-10: The project shall implement a minimum of eight (8) Standard
Mitigation Measures as stated in Table 3-5 of the APCD’s 2012 CEQA Handbook
Responsible Party: Developer
Item 10.a. - Page 36
RESOLUTION NO.
PAGE 23
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: Prior to permit issuance
MM CUL-1: If a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius
of the find shall cease until a qualified archaeologist determines whether the
uncovered resource requires further study. A standard inadvertent discovery
clause shall be included in every grading and construction contract to inform
contractors of this requirement. Any previously undiscovered resources found
during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of
California Environmental Quality Act criteria by a qualified archaeologist.
Potentially significant cultural resources consist of, but are not limited to, stone,
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During construction
MM CUL-2: If human remains are encountered during earth-disturbing activities,
all work in the adjacent area shall stop immediately and the San Luis Obispo
County Coroner’s office shall be notified. If the remains are determined to be
Native American in origin, the Native American Heritage Commission shall be
notified and will identify the Most Likely Descendent, who will be consulted for
recommendations for treatment of the discovered remains.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division,
Public Works Department
Timing: During construction
MM GHG-1: Prior to issuance of a building permit, all construction plans shall
incorporate the following GHG-reducing measures where applicable:
Incorporate outdoor electrical outlets to encourage the use of electric
appliances and tools.
Item 10.a. - Page 37
RESOLUTION NO.
PAGE 24
Trusses for south-facing portions of roofs shall be designed to handle
dead weight loads of standard solar-heated water and photovoltaic panels.
Roof design shall include sufficient south-facing roof surface, based on
structures size and use, to accommodate adequate solar panels. For
south facing roof pitches, the closest standard roof pitch to the ideal
average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally if possible.
Install high efficiency heating and cooling systems.
Design homes to include roof overhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south
facing windows (passive solar design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Star®).
Utilize double-paned windows.
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPA/DOE
Energy Star® rating to reduce summer cooling needs.
Eliminate high water consumption landscaping with emphasis on native
plants.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building and
Engineering Divisions
Timing: Prior to issuance of a Grading Permit or
Building Permit
MM HYD-1: The following BMPs shall be incorporated into the project:
Run-off Control. Maintain post-development peak runoff rate and average
volume of runoff at levels that are similar to pre-development levels.
Labeling and Maintenance of Storm Drain Facilities. Label new storm
drain inlets with “No Dumping – Drains to Ocean” to alert the public to the
destination of stormwater and to prevent direct discharge of pollutants into
the storm drain.
Common Area Litter Control. Implement a trash management and litter
control program to prevent litter and debris from being carried to water
bodies or the storm drain system.
Item 10.a. - Page 38
RESOLUTION NO.
PAGE 25
Food Service Facilities. Design the food service facility to have a sink or
other area for cleaning floor mats, containers, and equipment that is
connected to a grease interceptor prior to discharging to the sanitary
sewer system. The cleaning area shall be large enough to clean the
largest mat or piece of equipment to be cleaned.
Refuse Areas. Trash compactors, enclosures and dumpster areas shall be
covered and protected from roof and surface drainage. Install a self-
contained drainage system that discharges to the sanitary sewer if water
cannot be diverted from the areas.
Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other
chemicals stored outdoors must be in containers and protected from
drainage by secondary containment structures such as berms, liners,
vaults or roof covers and/or drain to the sanitary sewer system. Bulk
materials stored outdoors must also be protected from drainage with
berms and covers. Process equipment stored outdoors must be inspected
for proper function and leaks, stored on impermeable surfaces and
covered. Implement a regular program of sweeping and litter control and
develop a spill cleanup plan for storage areas.
Cleaning, Maintenance and Processing Controls. Areas used for washing,
steam cleaning, maintenance, repair or processing must have
impermeable surfaces and containment berms, roof covers, recycled
water wash facility, and discharge to the sanitary sewer. Discharges to
the sanitary sewer may require pretreatment systems and/or approval of
an industrial waste discharge permit.
Street/parking lot Sweeping: Implement a program to regularly sweep
streets, sidewalks and parking lots to prevent the accumulation of litter
and debris. Debris resulting from pressure washing should be trapped
and collected to prevent entry into the storm drain system. Washwater
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building,
and Engineering Divisions
Timing: Prior to issuance of a Building Permit
MM NOI-1: Construction activities shall be restricted to between the hours of 8
a.m. and 5 p.m. Monday through Friday. No construction shall occur on
Saturday or Sunday. Equipment maintenance and servicing shall be confined to
the same hours. To the greatest extent possible, grading and construction
Item 10.a. - Page 39
RESOLUTION NO.
PAGE 26
activities should occur during the middle of the day to minimize the potential for
disturbance of neighboring noise sensitive uses.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building,
and Engineering Divisions
Timing: During construction
MM NOI-2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building,
and Engineering Divisions
Timing: During construction
MM NOI-3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building,
and Engineering Divisions
Timing: Prior to and during construction
MM TT-1: The developer shall pay pro-rata share contributions for intersections
improvements as identified in the Traffic Impact Analysis Report prepared for the
project (Omni-Means 2017).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building,
and Engineering Divisions
Timing: Prior to building permit issuance
MM TCR-1: Implement MM CUL-1 and CUL-2.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande –Engineering Division
and Public Works Department
Timing: During Construction
Item 10.a. - Page 40
INITIAL STUDY MITIGATED NEGATIVE DECLARATION October 2017
CUP 16-008; MER 16-001
Page 1 of 45
INITIAL STUDY/
MITIGATED NEGATIVE
DECLARATION
(Document on File in the Community Development Department)
Conditional Use Permit 16-008
Lot Merger 16-001
727 El Camino Real
October 2017
EXHIBIT "B"
Item 10.a. - Page 41
Proposed Popeye’s Louisiana KitchenCity CouncilLM 6-001 CUP 16-008 MND 272 Faeh Lane, Arroyo Grande, CA1451 Cordova AvenueGlendale, CA 9120727 March 2018City of Arroyo Grande, CA ELA Foods, Inc. Applicant:Sheet Index1 Project Component Comparison Table2 Revised Site Plan3 Revised Landscape Architectural Site Plan4 Circulation Exhibit5 Acoustics Assessment13 Drive-Thru Sound Levels White Paper14 Sound Pressure Levels - Menu Board15 Photometric Plan & Details17 Pollution Control Unit18 Aerial Overview Rendering19 Perspective Rendering20 Color & Materials Board725 CRESTON ROAD, SUITE BPASO ROBLES, CA805.239.3127725 CRESTON ROAD, SUITE BPASO ROBLES, CA805.239.3127EXHIBIT "C"Item 10.a. - Page 42
Popeye’s Louisiana Kitchen ELA Foods, Inc. Oasis Associates, Inc. 27 March 2018 PROJECT COMPONENT REVISIONS & DISCUSSION Building Square Footage Previous – 3,150SF Current – 2,653SF Vehicle Access Project revisions include NO vehicle access from the project onto Faeh Avenue. All direct vehicle access to the site is located on El Camino Real Secondary Access The project proponent has acquired the adjacent property to the north and will provide the secondary access through that parcel onto North Halcyon Road. Please see the attached revised site plan. No other development is planned for the newly acquired property. Visual & Acoustical Buffers for Neighborhood Compatibility A visual & acoustical buffer has been designed to extend approximately 240-feet+ along Faeh Avenue. This six-foot high decorative masonry wall will visually and acoustically screen the customer order board, the queue of customer cars, including parking stalls, and outdoor seating along Faeh Avenue. A 5-foot wide planting area is proposed between the back of sidewalk and face of wall to soften the buffer, while providing visual street appeal. The customer order board will contain a feature known as Automatic Volume Control (AVC). This feature reduces the outbound sound pressure level based upon ambient noise. The attached Engineering Department White Paper (HME, May 24, 2010, rev.1.0) and Memo regarding Drive-Thru Sound Pressure levels from the Menu Board or Speaker Post provides the technical information in support of the AVC’s ability to automatically reduce the sound level to 15 dB above ambient levels at the speaker post. The recent project-specific acoustical analysis concludes that the project complies with the City’s noise level standards and will not be audible to the residents on Faeh Avenue. See page 9 of 15 for conclusion. Building Colors The originally proposed building colors reflected the Popeye’s branded colors. These colors have been changed to a more muted and neutral dusty brown scheme. See attached perspective renderings and the revised color board. Potential Odors To eliminate food odors emanating from the restaurant, the applicant is proposing to install a commercial kitchen exhaust system – a Pollution Control Unit (PCU) that is designed specifically for the removal of grease particles, the abatement of smoke, and odor control. PROPOSED POPEYE’S LOUISIANA KITCHEN/ELA Foods 272 Faeh Lane, Arroyo Grande, CA LM 16-001, CUP 16-008, & MND 27 March 2018 P2L Popeye’s Louisiana Kitchen ELA Foods, Inc. Oasis Associates, Inc. 27 March 2018 ATTACHMENTS 1.Planning Commission Approved Site Plan, Petrossi and Associates, Inc., 29 January 2018 2.Landscape Architectural Site Plan, Oasis Associates, Inc., 06 February 2018 3.Circulation Exhibit, Oasis Associates, Inc., 13 February 2018 4.Acoustics Assessment, Dr. David Lord, 45dB Acoustics, LLC, 05 March 2018 5.Engineering Department White Paper, HME, May 24, 2010, rev.1.0 & Drive-Thru Sound Pressure Levels from the Menu Board or Speaker Post 6.Photometric Plan & Details, Thoma Electric, 05 March 2018 7.Pollution Control Unit Manufacturer’s Cut Sheet, CaptiveAire, n.d.n. 8.Architectural Perspectives – Two (2) Total, Petrossi and Associates, Inc. 9.Color & Material Board, Petrossi and Associates, Inc. Item 10.a. - Page 43
Item 10.a. - Page 44
POPEYE’S LOUISIANA KITCHEN 727 EL CAMINO REAL, ARROYO GRANDE, CA 93433 ELA FOODS INC. ALTERNATIVE SITE PLAN - CONCEPTUAL LANDSCAPE PLAN2/6/18L-1ASCALE: 1”=30’KEYNOTE LEGEND1 CITY-APPROVED STREET TREES2 FLOWERING ACCENT TREE3 EVERGREEN SCREEN TREE4 VEGETATED BIOSWALE WITH COBBLE AND BOULDERS5 OUTDOOR SEATING6 ENHANCED PAVING7 PLANTER BOXES ATTACHED TO DECORATIVE RAILING8 6’ HIGH VINE-COVERED CMU WALL88#745122233316FAEH AVENUEEL CAMINO REALPROPOSED LANDSCAPE MATERIALSItem 10.a. - Page 45
Item 10.a. - Page 46
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ENGINEERING DEPARTMENT WHITE PAPER DCO 5/24/2010 Rev. 1.0 1 Drive-Thru Sound Levels Some municipalities have adopted regulations aimed at controlling the acoustic noise levels in residential and (or) commercial areas. These regulations are of particular importance to drive-thru operators because the drive-thru is viewed as a source of noise. The noise originates both from the vehicles themselves and from the drive-thru communications system. This white paper addresses common questions related to sound from the communications system. Note: Because every site is different and each municipality has its own regulations, HME is unable to make specific recommendations for compliance or give any assurance that any particular system configuration will comply with any given regulations. Statements made in this paper should be taken as general guidelines, but to ensure compliance, the site planner should retain the services of a qualified acoustic consultant equipped to make the necessary measurements. In the drive-thru, the primary source of sound other than the vehicles is often the drive-thru communications system. Outbound audio includes the order taker’s voice and any sound provided by the message repeater. The outbound audio is delivered by the speaker and must be loud enough to be clearly heard by the customer over the noise of the customer’s vehicle, any local traffic and other ambient background noises in the area. However, if it is too loud, the sound can be objectionable to neighbors or even violate specific regulations. HME base stations are equipped with a feature known as Automatic Volume Control or “AVC” which can be used to reduce the outbound sound pressure level based on ambient noise. When AVC is active, the outbound level is reduced to a level that is 15 dB above the ambient noise level at the speaker post microphone, but it never increases the level above what would be heard with AVC turned off. This feature can considerably reduce the SPL during quiet periods and may help in satisfying local requirements. Sound levels are measured in units of dB SPL and usually include a frequency variable weight referred to as “A Weighting”. For this reason, the units are frequently written as “dBA SPL” and that notation will be used throughout this paper. The sound pressure level from a speaker decreases as the distance away increases. However, it can be difficult to predict how much reduction will actually occur. For a single point sound source like an alarm bell hanging in air, the SPL drops approximately 6 dB every time the distance from the source doubles. Thus if one starts one foot away, the level will be 36 dB lower when one is 64 feet away. Unfortunately, speakers are neither single point sources nor are they hanging in air. Rather, speakers are mounted in a variety of different type enclosures. Further, the building, the ground and even other cars in proximity all effect the sound’s direction and decay rate. All of this tends to make the sound more directional and the decay rate less predictable. This paper provides some “typical” measurements taken outdoors under specific circumstances. These measurements can be used as a guide for what levels might occur in a drive-through installation. These measurements were taken using “pink noise”, a type of noise frequently used for acoustic testing, at levels simulating the loudest speech expected from an order taker. All typical measurements provided here were taken using the following equipment: •Base station: HME ION IQ set to factory default levels•Communicator: HME COM6000•Speaker: HME SP10•Speaker post: Texas Digital model 107150Drive-Thru Sound Levels DCO 5/24/2010 Rev. 1.0 2 The measurement environment was as follows: •Asphalt parking lot 50 ft from any building•Ambient background noise level: ~47 dBA SPL•Nearest vehicle not part of measurement: 15 ftInitial measurements were taken with AVC off, no vehicle in front of the speaker post, and no other obstructions within at least 100 ft of the speaker. These are not “normal” conditions for a drive-thru, but they do yield one worst-case measurement. Under these conditions, the sound pressure level 1 foot in front of the speaker is 90 dBA SPL. At 17 feet, it drops down to a normal conversational level of 66 dBA SPL, but does not drop to 60 dBA until a distance of 55 feet. Figure 1 shows the loudness contours for both 60 dBA and 66 dBA levels. Since the primary concern is noise abatement at a distance, higher level contours are not shown. Figure 1 – SP10 SPL Contours With a vehicle parked in front of the speaker, the shape of the contour changes dramatically and depends on many factors including the height, size, shape, and angle of the vehicle. Because of the tremendous differences in vehicles, positioning, and lane construction, HME cannot predict with any certainty the shape of the resulting SPL contours. However, generally, the shape flattens and the loudest sounds are found at angles to the front and rear of the vehicle with the front being louder. Item 10.a. - Page 55
Drive-Thru Sound Levels DCO 5/24/2010 Rev. 1.0 3 AVC Operation AVC measures the ambient noise level in the drive-thru and adjusts the outbound level down so that it is never more than 15 dB above the ambient noise level. This is particularly useful at night when there is less traffic on surrounding streets and fewer cars in the drive-thru. It may also be useful in situations where the regulations do not specify specific sound pressure levels, but use terms like “reasonable” or “sufficient”. Because AVC adjusts continuously, it ensures that the outbound level is high enough to be heard by the customer whatever the conditions may be. As an example, if the ambient noise level is 47 dBA, AVC will adjust the outbound level to approximately 62 dBA at a position about 1 ft from the speaker. Given this condition, the SPL will be below the ambient noise level less than 20 ft away from the post. Since AVC adjusts based on the noise level measured at the speaker post, a noisy vehicle will drive the outbound level up. Thus, the use of AVC will not guarantee that the SPL is below any particular level for all vehicles or conditions. However, it will keep the outbound level from becoming excessively loud. Guidelines HME cannot make specific recommendations, but here are some general things that can be done to minimize issues: Do •Place the speaker post where vehicles can get close to it. This allows the outbound level to be keptto a minimum.•Use brick or concrete walls to isolate the installation from adjacent residences. These walls makegood barriers, but must be high enough that sounds do not easily go over them.•Adjust the outbound level to the minimum necessary to be clearly heard by customers•Use AVC in situations where noise abatement is an issue to further reduce outbound levelsduring quiet periods.Don’t •Face the speaker post toward busy streets. This increases the ambient noise level and makes itnecessary to use higher outbound levels.•Place the speaker post on a curve in the lane. Curves force vehicles to be further away from thepost, which results in higher outbound level requirements and makes it difficult for order takersto hear customers.•Face the speaker post or the drive-thru lane at adjacent residences. Remember that the highestsound levels are likely to be directly opposite the post and off the front of vehicles.•Turn the outbound level up higher than necessary.•Rely on vegetation to reduce sounds. Plants have rather limited impact on sound levels. Memo Re: Drive-Thru Sound Pressure Levels From the Menu Board or Speaker Post The sound pressure levels from the menu board or speaker post are as follows: 1. Sound pressure level (SPL) contours (A weighted) were measured on a typical HME SPP2 speaker post. The test condition was for pink noise set to 84 dBA at 1 foot in front of the speaker. All measurements were conducted outside with the speaker post placed 8 feet from a non-absorbing building wall and at an oblique angle to the wall. These measurements should not be construed to guarantee performance with any particular speaker post in any particular environment. They are typical results obtained under the conditions described above. 2. The SPL levels are presented for different distances from the speaker post: Distance from the Speaker (Feet) SPL (dBA) 1 foot 84 dBA 2 feet 78 dBA 4 feet 72 dBA 8 feet 66 dBA 16 feet 60 dBA 32 feet 54 dBA 3. The above levels are based on factory recommended operating levels, which are preset for HME components and represent the optimum level for drive-thru operations in the majority of the installations. Also, HME incorporates automatic volume control (AVC) into many of our Systems. AVC will adjust the outbound volume based on the outdoor, ambient noise level. When ambient noise levels naturally decrease at night, AVC will reduce the outbound volume on the system. See below for example: Distance from Outside Speaker Decibel Level of standard system with 45 dB of outside noise without AVC Decibel level of standard system with 45 dB of outside noise with AVC active 1 foot 84 dBA 60 dBA 2 feet 78 dBA 54 dBA 4 feet 72 dBA 48 dBA 8 feet 66 dBA 42 dBA 16 feet 60 dBA 36 dBA If there are any further questions regarding this issue please contact HME customer service at 1-800-848-4468. Thank you for your interest in HME’s products. Item 10.a. - Page 56
Item 10.a. - Page 57
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! ! ! !# #!0 !Item 10.a. - Page 59
Item 10.a. - Page 60
Item 10.a. - Page 61
Item 10.a. - Page 62
ATTACHMENT 1
Subject Property
Item 10.a. - Page 63
ACTION MINUTES
REGULAR MEETING OF THE ARCHITECTURAL REVIEW COMMITTEE
MONDAY, JUNE 19, 2017
ARROYO GRANDE CITY HALL, 300 EAST BRANCH STREET
ARROYO GRANDE, CA
1.CALL TO ORDER
Chair Warren Hoag called the Regular Architectural Review Committee meeting to order at
2:30 p.m.
2.ROLL CALL
ARC Members: Chair Warren Hoag, Vice Chair Bruce Berlin, and Committee
Members Mary Hertel, Keith Storton, and Coleen Kubel were present.
City Staff Present: Planning Manager Matt Downing was present.
3.FLAG SALUTE
Committee Member Storton led the Flag Salute.
4.AGENDA REVIEW
It was the consensus of the Committee that one Staff Communication be heard after Item 6.
5.COMMUNITY COMMENTS AND SUGGESTIONS
None.
6.WRITTEN COMMUNICATIONS
None.
11.STAFF COMMUNICATIONS
Planning Manager Downing introduced the new City Manager Jim Bergman. Mr. Bergman
introduced himself and thanked the Committee for their service to the community.
7.CONSENT AGENDA
Committee Member Berlin made a motion, seconded by Committee Member Storton, to
approve the minutes of June 5, 2017, as submitted.
The motion carried on a 5-0 voice vote.
8.PROJECTS
8.a. CONSIDERATION OF LOT MERGER 16-001 AND CONDITIONAL USE PERMIT 16-
008; CONSTRUCTION OF AN APPROXIMATELY 3,150 SQUARE-FOOT FAST-FOOD
RESTAURANT WITH DRIVE-THRU; LOCATION – 727 EL CAMINO REAL (WESTERN
CORNER OF EL CAMINO REAL, FAEH AVENUE, AND BELL STREET) APPLICANT –
ELA FOODS, INC.; REPRESENTATIVE – KEITH SIMON (Downing)
Planning Manager Downing presented the staff report and responded to questions from the
Committee regarding the City’s ownership of the project site, the status of the Park & Ride
spaces on El Camino Real, status of a traffic study for the project, and other drive-thru
locations considered on the project site.
ATTACHMENT 2
Item 10.a. - Page 64
Minutes: ARC PAGE 2
Monday, June 19, 2017
Keith Simon, representative, spoke in support of the project, and responded to questions
regarding the standardization of colors for Popeye’s restaurants, the need for the drive-thru
for the project to move forward, hours of operation, and alternative methods of ordering at
the drive-thru.
The Committee provided comments in support of the location, design, fit, and feel of the
project. The Committee expressed concerns regarding the drive-thru operation adjacent to
residences, noise impacts resulting from drive-thru operation, and need for a small
screening wall if drive-thru is not relocated..
Committee Member Storton made a motion, seconded by Committee Member Kubel, to
recommend approval of the project to the Planning Commission as a suitable visitor serving
use at the site, with the following modifications:
1. The applicant shall return with an alternate drive-thru location away from Faeh
Avenue;
2. If the drive-thru is not able to be moved, the project shall include a 36”-42” hard
barrier adjacent to the drive-thru to mitigate light and noise; and
3. If the drive-thru is not able to be moved, the project shall include a non-audible
ordering system, if feasible.
Following discussion on the motion, the following additional modifications were included:
4. Eliminate turf on the site;
5. It is recommended the drive-thru not be permitted as a 24-hour operation; and
6. The applicant shall clarify details on the landscape plan regarding irrigation and
coverage of plant materials.
The motion passed on a 5-0 voice vote.
9. DISCUSSION ITEMS
None.
10. COMMITTEE COMMUNICATIONS
Committee Member Storton requested information on if an online option is available for the
recent harassment training. Committee Members provided reminders of anticipated
absences from upcoming meetings.
11. STAFF COMMUNICATIONS
Planning Manager Downing provided information to the Committee regarding when items of
projects that are addressed by the Municipal Code are highlighted for the Committee.
Planning Manager Downing also provided updates to the Committee on the East Branch
Streetscape Project and the Halcyon Road Complete Streets Plan Project.
12. ADJOURNMENT
The meeting was adjourned at 3:53 p.m. to a meeting on July 17, 2017 at 2:30 p.m.
/s/ Warren Hoag, Chair
ATTEST:
Matthew Downing, Planning Manager
(Approved at ARC Mtg 07-17-2017)
Item 10.a. - Page 65
TRAFFIC COMMISSION MEETING
MINUTES
AUGUST 14, 2017
6.b CONSIDERATION OF LOT MERGER 16-001 AND CONDITIONAL USE PERMIT 16-008;
CONSTRUCTION OF AN APPROXIMATELY 3,150 SQUARE-FOOT FAST-FOOD RESTAURANT
WITH DRIVE-THRU; LOCATION – 727 EL CAMINO REAL (WESTERN CORNER OF EL
CAMINO REAL, FAEH AVENUE, AND BELL STREET); APPLICANT – ELA FOODS, INC;
REPRESENTATIVE KEITH SIMON
City Engineer Dickerson presented the staff report.
City Engineer Dickerson responded to questions regarding bike racks, striping changes on Brisco
Road, and CalTrans timelines for issuing an encroachment permit.
Chair Henslin opened the meeting for public comment.
Molly Dreger, Faeh, spoke against the project and stated that the drive-thru would be directly
across from her house and is not in support of the added traffic and noise that the project would
bring.
Maureen Herrera, N. Alpine, spoke against the project, specifically the added congestion from the
drive-thru and motorhome parking.
Elliot Dreger, Faeh, spoke against the project, mentioning existing traffic conditions caused by the
cemetery and the nearby lumberyard will create a problem with the increased traffic caused by this
project. He also questioned how many additional fast-food restaurants the City needs.
Laurie Hunstad spoke against the project, but expressed her appreciation for the Traffic
Commissioners’ desire to receive additional input before making any decisions. She mentioned that
the most concerning part of the project would be the impacts on the queueing of cars on the
southbound exit of Highway 101 at Halcyon.
Vince Hartman, N. Alpine, spoke against the project, mentioning that there is already a lot of traffic
in this neighborhood and that he would like to see a park in this location, rather than a fast-food
restaurant.
Dave Aguallo, Bell, spoke against the project, mentioning that a fast-food restaurant in the
residential neighborhood will cause traffic, noise, and litter concerns.
Jason Veras, Alpine, spoke against the project and stated that he would prefer to see this type of
project on East Grand Avenue.
Hearing no further public comment, Chair Henslin closed the public comment period.
Vice Chair Price stated that the Planning Commission would be the appropriate arena for the
members of the public to express their concerns about the project.
Commissioner McAustin mentioned that the project has more parking spaces than required and
asked if there was any possibility of re-configuring the parking so that RVs and large trucks could
park somewhere.
Keith Simon, representative for ELA Foods, responded to Commissioner McAustin’s question,
stating that the parking lot layout has already changed many times, and could be re-configured to
ATTACHMENT 3
Item 10.a. - Page 66
TRAFFIC COMMISSION MEETING PAGE 3 of 3
MINUTES
AUGUST 14, 2017
accommodate large vehicle parking. He also stated, in response to public comments, that the
project has investigated using sound-dampening walls to mitigate noise issues in the neighborhood.
Vice Chair Price asked about the possibility of signalizing any of the intersections most effected by
the proposed project.
City Engineer Dickerson mentioned that the intersection at East Grand Avenue and El Camino Real
could be considered for signalization to improve existing conditions and mitigate additional traffic
related to this proposal.
Chair Henslin asked that any changes made to the proposal be brought back before the Traffic
Commission. She also stated that the Commission would like to see how the previously approved
striping changes to Brisco Road will affect traffic movement and asked that the Traffic Analysis
Impact Report be updated to reflect noontime peak traffic before making a recommendation to the
Planning Commission.
7. DISCUSSION ITEMS
7.a. NOMINATION TO CITIZENS TRANSPORTATION ADVISORY COMMITTEE (CTAC)
Commissioner Pappas volunteered to represent the City of Arroyo Grande on the CTAC.
Chair Henslin made a motion, seconded by Commissioner McAustin, to nominate Commissioner
Pappas to the Citizens Transportation Advisory Committee as the representative for the City of
Arroyo Grande.
8. COMMISSION COMMUNICATIONS
Commissioner McAustin spoke about the striping on El Camino Real heading north and questioned
if the line of restriction could be moved back to improve traffic safety.
City Engineer Dickerson stated that the striping could be considered along with the re-striping of
Brisco Road.
9. ADJOURNMENT
Chair Henslin adjourned the meeting at 7:15 p.m.
/s/ Susan Henslin, Chair
ATTEST:
/s/ Patrick Holub, Traffic Commision Clerk
(Approved at TC Mtg 9-18-2017)
Item 10.a. - Page 67
ACTION MINUTES
MEETING OF THETRAFFIC COMMISSION
MONDAY, SEPTEMBER 18, 2017
ARROYO GRANDE COUNCIL CHAMBERS,
215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1.CALL TO ORDER
Chair Henslin called the Traffic Commission meeting to order at 6:00 p.m.
2.ROLL CALL
Traffic Commissioners: Commissioners Susan Henslin, Kenneth Price, Mike McAustin, and
Rodney Pappas were present.
Staff present: City Engineer Robin Dickerson, Planning Manager Matt Downing,
Public Works Director Bill Robeson, and Senior Office Assistant
Patrick Holub were present.
Consultant Present: Joe Weiland, Omni Means.
3.PLEDGE OF ALLEGIANCE
Commissioner McAustin led the pledge of allegiance.
4.COMMUNITY COMMENTS AND SUGGESTIONS
Chair Henslin opened the meeting for public comment.
Bill Robeson, Public Works Director, introduced himself to the Commissioners.
Hearing no further public comment, Chair Henslin closed the public comment period.
5.CONSENT AGENDA.
5.a. Consideration of Approval of Minutes.
Action: The minutes of the Traffic Commission Meeting of August 14, 2017, were approved as
submitted with the following roll call vote.
AYES: McAustin, Price, Pappas, and Henslin
NOES: None
ABSENT: None
6.BUSINESS ITEMS
6.a. CONTIUNUED CONSIDERATION OF LOT MERGER 16-001 AND CONDITIONAL USE
PERMIT 16-008; CONSTRUCTION OF AN APPROXIMATELY 3,150 SQUARE-FOOT FAST-
FOOD RESTAURANT WITH DRIVE-THRU; LOCATION – 727 EL CAMINO REAL (WESTERN
CORNER OF EL CAMINO REAL, FAEH AVENUE, AND BELL STREET); APPLICANT – ELA
FOODS, INC.; REPRESENTATIVE – KEITH SIMON
City Engineer Dickerson presented the updated site plan and revised Traffic Impact Analysis
Report.
City Engineer Dickerson responded to questions regarding peak traffic counts at lunchtime, Levels
of Service at the studied intersections, and potential impacts to the neighboring local streets.
ATTACHMENT 4
Item 10.a. - Page 68
TRAFFIC COMMISSION MEETING PAGE 2 of 3
MINUTES
SEPTEMBER 18, 2017
Chair Henslin opened the meeting for public comment.
Howie Conroy, Bennett Ave, spoke against the project, including potential traffic concerns in the
neighborhood and safety concerns for the children in the neighborhood.
Maureen Herrera, N. Alpine Street, spoke against the project, specifically traffic impacts, safety
concerns at the Highway 101/ Halcyon off-ramp, and the impact of high school students at
lunchtime.
Lori Hunstad, North Alpine Street, spoke against the project, mentioning increased traffic from the
freeway and traffic impacts caused by cars heading down Halcyon towards the freeway.
David Lyle, Bell Street, spoke against the project, including traffic impacts caused by busses,
delivery trucks, and students at lunch and dinner times.
Jason Veras, Alpine, spoke against the project, mentioning impacts to long-term residents and how
other Cities have handled fast food restaurant siting.
Hearing no further public comment, Chair Henslin closed the public comment period.
Commissioner Pappas spoke about the need for traffic mitigation throughout the residential
neighborhood and encouraged the residents to attend the other relevant meetings for this project.
Commissioner McAustin mentioned the importance of taking the best measures to mitigate traffic
concerns for the neighborhood, and spoke about the unique nature of the property.
Vice Chair Price spoke about the potential increase in tax revenue for the City while also
mentioning that he did not want to create any unnecessary ill will for the neighborhood and inquiring
about the possibility of having only one exit for the development.
Chair Henslin spoke about the Levels of Service being maintained based upon the Traffic Impact
Analysis Report and the additional traffic that will be caused by the development.
Commissioner McAustin made a motion, seconded by Vice Chair Price to make a recommendation
to the Planning Commission for approval of the project as proposed with the following conditions:
a. A traffic signal at the intersection of El Camino Real and East Grand Avenue be installed;
b. Investigate traffic calming measures on local neighborhood roadways in the future, if
necessary;
c. Investigate methods of reducing vehicular traffic on Faeh Street, so long as level of service
is not reduced at the intersections identified in this study.
The motion passed on the following roll call vote:
AYES: McAustin, Price, and Pappas
NOES: Henslin
ABSENT: None
7. DISCUSSION ITEMS
None.
Item 10.a. - Page 69
Popeye's Louisiana Kitchen
Transportation Impact
Analysis Draft Report
Prepared for:
City of Arroyo Grande
Prepared by:
ATTACHMENT 5
Item 10.a. - Page 70
POPEYE'S LOUISIANA KITCHEN
TRANSPORTATION IMPACT ANALYSIS DRAFT REPORT
Prepared For:
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
Prepared By:
Omni-Means, Ltd.
669 Pacific Street, Suite A
San Luis Obispo, CA 93401
(805) 242-0461
JULY 2017
65-1275-35
R2308TIA002.docx
Item 10.a. - Page 71
Popeye's Louisiana Kitchen Transportation Impact Analysis Draft Report Page i
City of Arroyo Grande R2308TIA002.docx
TABLE OF CONTENTS
Introduction ................................................................................................................................................... 1
Existing Transportation System .................................................................................................................... 1
Data Collection & Existing Traffic Volumes ................................................................................................... 3
Existing Pedestrian & Bicycle Facilities ........................................................................................................ 4
Existing Transit Services ............................................................................................................................... 5
Traffic Analysis Parameters .......................................................................................................................... 6
Analysis Methodology .............................................................................................................. 9
Existing Traffic Operations ....................................................................................................... 9
Project Location and Description ................................................................................................................ 13
Project Site Access ................................................................................................................ 13
Project Trip Generation .......................................................................................................... 14
Trip Reductions ...................................................................................................................... 15
Pass-by/Diverted Linked Trips ............................................................................................... 16
Project Trip Nature, Distribution, and Assignment ................................................................. 16
Existing plus Approved/Pending Projects ................................................................................................... 17
Short Term (Approved/Pending) Projects Trip Generation .................................................... 17
Existing plus Approved/Pending Projects plus Project ............................................................................... 23
Cumulative Conditions ................................................................................................................................ 25
Cumulative No Project Traffic Volumes ................................................................................. 25
Cumulative plus Project ......................................................................................................... 27
Freeway Ramp Conditions – Existing and Cumulative Conditions ............................................................. 29
Recommended Mitigation Measures .......................................................................................................... 30
Existing plus Approved/Pending Projects plus Project Conditions ................................................... 30
Year 2035 Base plus Project Conditions .......................................................................................... 30
Pro Rata Share Calculations ....................................................................................................................... 32
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LIST OF FIGURES
Figure 1 - Project Location and Vicinity Map ................................................................................................ 2
Figure 2 - Bicycle & Trail Network Plan ........................................................................................................ 4
Figure 3 - SoCoTransit Route Map ............................................................................................................... 5
Figure 4 - Existing Control and Lane Geometrics ....................................................................................... 11
Figure 5 - Existing Traffic Volumes ............................................................................................................. 12
Figure 6 - Project Site Access ..................................................................................................................... 14
Figure 7 - Project Trip Distribution .............................................................................................................. 17
Figure 8 - General Plan Land Uses ............................................................................................................ 18
Figure 9 - Existing plus Approved/Pending Projects Volumes .................................................................... 21
Figure 10 - Existing plus Approved/Pending Projects plus Project Volumes .............................................. 24
Figure 11 - Cumulative No Project Volumes ............................................................................................... 26
Figure 12 - Cumulative plus Project Volumes ............................................................................................. 28
LIST OF TABLES
Table 1 LOS Criteria and Definition For Intersections .................................................................................. 7
Table 2 Existing Conditions: Intersection LOS ............................................................................................ 10
Table 3 Weekday Project Trip Generation .................................................................................................. 15
Table 4 Approved/Pending Projects ........................................................................................................... 19
Table 5 Approved/Pending Projects Trip Generation ................................................................................. 20
Table 6 Existing plus Approved/Pending Projects conditions: Intersection LOS ........................................ 22
Table 7 Existing plus Approved/Pending Projects plus Project conditions: Intersection LOS .................... 23
Table 8 Cumulative No Project Conditions: Intersection LOS .................................................................... 25
Table 9 Cumulative plus Project Conditions: Intersection LOS .................................................................. 27
Table 10 Existing & Cumulative With and Without Project Scenarios: Freeway Ramp Conditions .......... 29
Table 11 Existing & Cumulative With and Without Project Scenarios: Freeway Ramp segment Weaving
Conditions ...................................................................................................................................... 29
Table 12 Year 2035 Base plus Project PM Peak Hour Queuing Analysis: E. Grand Avenue between El
Camino Real & US 101 SB Ramps ................................................................................................ 32
Item 10.a. - Page 73
Popeye's Louisiana Kitchen Transportation Impact Analysis Draft Report Page iii
City of Arroyo Grande R2308TIA002.docx
Table 13 Pro Rata Share Calculations ........................................................................................................ 33
APPENDIX
Project Site Plan
Level of Service Worksheets
Peak-Hour Warrant-3 Worksheets
AM & PM Peak Hour Traffic Counts
Item 10.a. - Page 74
Popeye's Louisiana Kitchen Transportation Impact Analysis Draft Report Page 1
City of Arroyo Grande R2308TIA002.docx
Introduction
The City of Arroyo Grande has retained Omni-Means to prepare a Transportation Impact
Analysis Report (TIAR) for the proposed Popeye’s Louisiana Kitchen, proposed to be located at
the corner of the intersection of El Camino Real/Faeh Avenue/Bell Street in Arroyo Grande
(shown on Figure 1). The site’s address is 727 El Camino Real, Arroyo Grande. The proposed
project includes approximately 3,200 square feet of fast food restaurant area with a drive-thru as
indicated by the Site Plan dated March 2, 2017, (included in the Appendix).
The following scenarios are analyzed as a part of the TIAR, as established in the original Scope
of Work and approved by the City and Caltrans in the Draft Memorandum of Assumptions
(MOA) dated May 16, 2017.
Existing Conditions;
Existing plus Approved/Pending Projects Conditions;
Existing plus Approved/Pending Projects plus Project Conditions;
Cumulative “No Project” Conditions; and,
Cumulative plus Project Conditions.
For each scenario, intersection AM and PM peak hour capacity analyses identifying traffic
operations is provided. In addition, potential transportation-related effects of the proposed
development includes a review of safety for pedestrian and bicycle access/circulation and
vehicular mobility. Transportation improvements required to maintain acceptable vehicular,
pedestrian, bicycle access and safety at all locations are identified and documented under the
Impacts and Mitigation section of this report.
Existing Transportation System
The following roadways provide primary circulation within the City for Arroyo Grande and in the
vicinity of the propose project.
US 101 is a major north-south freeway facility that traverses along coastal California. US
101 serves as the principal inter-regional auto and truck travel route that connects San
Luis Obispo County (and other portions of the Central Coast) with the San Francisco Bay
Area to the north and the Los Angeles urban basin to the south. Within San Luis Obispo
County, US 101 provides major connections between and through several cities and
communities.
Through the “Five Cities” (Arroyo Grande, Grover Beach, Oceano, Pismo Beach, Shell
Beach) area of the San Luis Obispo County, US 101 represents a major recreational as
well as commuter travel route and generally consists of a four-lane divided freeway
cross-section with 65 mph posted speed limits. Within the City of Arroyo Grande, US 101
forms full-access interchanges with Oak Park Boulevard, Brisco Road/Halcyon Road and
Grand Avenue/Branch Street as well as partial interchange access at Traffic Way and
Fair Oaks Avenue.
Item 10.a. - Page 75
Item 10.a. - Page 76
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East Grand Avenue is a primary east-west arterial in Arroyo Grande that extends from East
Branch Street just east of the junction with US 101 west to the City of Grover Beach where it
becomes West Grand Avenue, and then continues west to the intersection with State Route
1. East Branch Street serves residences, businesses, schools and local government offices
in the Historic Village in the downtown area and extends north as State Route 227 to the
City of San Luis Obispo. The primary purpose of this corridor is to serve local, recreational
and commuter within the Five Cities area and to connect the downtown with the region.
El Camino Real is a two-lane north-south arterial that generally extends from the City limits
in the north/west to E. Grand Avenue in central Arroyo Grande. El Camino Real runs
parallel to and south of US 101 and functions as a frontage road to provide local access and
relieve congestion to the freeway. According to the City’s 2012 Bicycle & Trails Master Plan,
El Camino Real is an Existing Class II facility for bikes. El Camino Real is the project’s
northern boundary and provides access via a project driveway.
Currently, on-street parking exists on El Camino Real and a public ridesharing parking area
is provided for commuters. Approximately 75 diagonal parking stalls are located north El
Camino Real and 10 diagonal parking stall are made available on the south side of the
street that adjoin the property of the proposed project. However, the ridesharing parking lot
is not for customers or employees from the proposed project.
Halcyon Road is primarily a north-south undivided arterial between El Camino Real and
Zenon Way. At the intersection of El Camino Real and Halcyon Road, there is access to the
US 101 Southbound ramps. There is a short break in the route at Highway1/Cienaga Street
(SR 1). Halcyon Road is a two-lane arterial through most of its route; south of Mesa View
Road (SR 1), it is classified as a collector. Halcyon Road is a four-lane arterial between
Grand Avenue and Olive Street in Arroyo Grande. Halcyon Road continues as a two-lane
collector South of Cabrillo Highway (south).
Faeh Avenue is a two-lane local street that extends from Halcyon Road to El Camino Real.
The unstriped road is approximately 40’ wide (curb to curb) and provides for on-street
parking. Faeh Avenue is proposed to provide primary access to the project via two project
driveways: one full-access driveway and another exit only driveway for drive-thru customers
exiting the site.
Brisco Road is an arterial connecting between W. Branch Street and E. Grand Avenue,
with intersections at northbound US 101 ramps and El Camino Real. Also measuring 40’
wide from curb to curb, Brisco Road allows on-street parking on both sides of the street.
Data Collection & Existing Traffic Volumes
The following intersections were established through consultations with the City of Arroyo
Grande and will be analyzed for this study. Traffic counts were taken March 2017 during the
peak hours of 7:00 am to 9:00 am and 4:00 pm to 6:00 pm.
1. Brisco Road/W. Branch Street
2. Brisco Road/US 101 NB Ramps
3. Brisco Road/El Camino Real
4. El Camino Real/N Halcyon Road/US 101 SB Ramps
5. Faeh Avenue/N Halcyon Road
6. Faeh Avenue/Bell Street/El Camino Real
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7. E Grand Avenue/Halcyon Road
8. E Grand Avenue/El Camino Real
9. E Grand Avenue/US 101 SB Off Ramp
10. E Grand Avenue/US 101 SB On Ramp
11. E Grand Avenue/US 101 NB Ramps
Per the project's Site Plan, two (2) project driveways are proposed onto Faeh Avenue and one
(1) project driveway is proposed on El Camino Real.
Existing Pedestrian & Bicycle Facilities
The City of Arroyo Grande adopted the 2012 Bicycle & Trail Master Plan that includes proposed
bicycle and pedestrian trails (reference Figure 2), as well as on-street bicycle facilities to
complete the partial network already in place in the City and County. The plan encourages the
use of walking and bicycling and recognizes three classes of bikeways:
Class I Multi Use Path typically known as bike paths, Class I facilities are multi-use facilities
that provide a completely separated right-of-way for the exclusive use of bicycles and
pedestrians with cross flows of motorized traffic minimized.
Figure 2 - Bicycle & Trail Network Plan
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Class II Bike Lane known as bike lanes, Class II facilities provide a striped and signed lane
for one way bicycle travel on each side of a street or highway. The minimum width for bike
lanes ranges between four and five feet depending upon the edge of roadway conditions
(curbs). Bike lanes are demarcated by a six-inch white stripe, signage and pavement
legends.
Class III Bike Route known as bike routes, Class III facilities provide signs for shared use
with motor vehicles within the same travel lane on a street or highway. Bike routes may be
enhanced with warning or guide signs and shared lane marking pavement stencils. While
Class III routes do not provide measures of separation, they have an important function in
providing continuity to the bikeway network.
Bike Boulevards are streets with low motorized traffic volumes and speeds, designated
and designed to give bicycle travel priority. Bike Boulevards use signs, pavement markings,
and speed and volume management measures to discourage through trips by motor
vehicles and create safe, convenient bicycle crossings of busy arterial streets.
In the project vicinity, there is an Existing Class II Bike Route on El Camino Real between Elm
Street and E. Grand Avenue; a proposed Class II Bike Route on Halcyon Road between E.
Grand Avenue and El Camino Real; and, a proposed Class II Bike Route along the E. Grand
Avenue corridor between Elm Street and El Camino Real.
Existing Transit Services
The City of Arroyo Grande public transportation is provided by South County Area Transit
(SCAT), a branch of San Luis Obispo Regional Transit Authority (SLORTA). SCAT routes 21,
22, 24, 27 and 28 serve major roadways in the City. Out of those routes, SCAT routes 21, 27
and 28 directly serve the project area as identified in Figure 3. As a result, ample transit
opportunities exist within close proximity of the proposed project.
Figure 3 - SoCoTransit Route Map
Item 10.a. - Page 79
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Traffic Analysis Parameters
This TIAR provides a “planning level” evaluation of traffic conditions, which is considered
sufficient for CEQA/NEPA clearance purposes. The “planning level” evaluation incorporates
appropriate heavy vehicle adjustment factors, peak-hour factors, and signal lost-time factors.
LOS operations have been determined using HCM-2010 methodologies for determining
intersection delay, incorporating the aforementioned factors. The following subsections outline
the methodology and analysis parameters used to quantify traffic operations at study
intersections.
Intersection LOS Methodologies
Levels of Service (LOS) have been calculated for all intersection control types using the
methods documented in the Transportation Research Board Publication Highway Capacity
Manual, 2010. Traffic operations have been quantified through the determination of “Level of
Service” (LOS). Level of Service is a qualitative measure of traffic operating conditions, whereby
a letter grade A through F is assigned to an intersection or roadway segment representing
progressively worsening traffic conditions. For signalized intersections and All-Way-Stop-
Controlled (AWSC) intersection, the intersection delays and LOS are average values for all
intersection movements. For Two-Way-Stop-Controlled (TWSC) intersections, the intersection
delays and LOS is representative of those for the worst-case movement. LOS definitions for
different types of intersection controls are outlined in Table 1.
Synchro 9 Modeling
The Synchro Version 9 software suite by Trafficware has been used to implement the HCM-
2010 analysis methodologies. The peak hour capacity tables contained in this report present the
intersection delay and LOS estimates as calculated using the Synchro software.
Item 10.a. - Page 80
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TABLE 1
LOS CRITERIA AND DEFINITION FOR INTERSECTIONS
Level
of
Service
Type of
Flow Delay Maneuverability
Stopped Delay/Vehicle
Signalized Unsignalized
All-
Way
Stop
A Stable Flow Very slight delay. Progression is very
favorable, with most vehicles arriving
during the green phase not stopping at
all.
Turning movements are
easily made, and nearly
all drivers find freedom of
operation.
< 10.0 < 10.0 < 10.0
B Stable Flow Good progression and/or short cycle
lengths. More vehicles stop than for
LOS A, causing higher levels of
average delay.
Vehicle platoons are
formed. Many drivers
begin to feel somewhat
restricted within groups of
vehicles.
>10.0
and
< 20.0
>10.0
and
< 15.0
>10.0
and
< 15.0
C Stable Flow Higher delays resulting from fair
progression and/or longer cycle
lengths. Individual cycle failures may
begin to appear at this level. The
number of vehicles stopping is
significant, although many still pass
through the intersection without
stopping.
Back-ups may develop
behind turning vehicles.
Most drivers feel
somewhat restricted
>20.0
and
< 35.0
>15.0
and
< 25.0
>15.0
and
< 25.0
D Approaching Unstable Flow The influence of congestion becomes
more noticeable. Longer delays may
result from some combination of
unfavorable progression, long cycle
lengths, or high volume-to-capacity
ratios. Many vehicles stop, and the
proportion of vehicles not stopping
declines. Individual cycle failures are
noticeable.
Maneuverability is
severely limited during
short periods due to
temporary back-ups.
>35.0
and
< 55.0
>25.0
and
< 35.0
>25.0
and
< 35.0
E Unstable Flow Generally considered to be the limit of
acceptable delay. Indicative of poor
progression, long cycle lengths, and
high volume-to-capacity ratios.
Individual cycle failures are frequent
occurrences.
There are typically long
queues of vehicles
waiting upstream of the
intersection.
>55.0
and
< 80.0
>35.0
and
< 50.0
>35.0
and
< 50.0
F Forced Flow Generally considered to be
unacceptable to most drivers. Often
occurs with over saturation. May also
occur at high volume-to-capacity
ratios. There are many individual cycle
failures. Poor progression and long
cycle lengths may also be major
contributing factors.
Jammed conditions.
Back-ups from other
locations restrict or
prevent movement.
Volumes may vary widely,
depending principally on
the downstream back-up
conditions.
> 80.0 > 50.0 > 50.0
References: 2010 Highway Capacity Manual
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Level of Service Thresholds
The City of Arroyo Grande General Plan Circulation Element specifies minimum level-of-service
standards for all the streets and intersections within the City's jurisdiction. In section CT2, the
City establishes the following performance standards for acceptable LOS:
CT2. Attain and maintain Level of Service (LOS) ’C’ or better on all streets and controlled
intersections.
CT2-1 Where deficiencies exist, mitigate to an LOS ‘D’ at a minimum and plan improvement
to achieve LOS ‘C’ (LOS ‘E’ or ‘F’ unacceptable = significant adverse impact unless
Statement of Overriding Considerations or CEQA Findings approved). The design and
funding for such planned improvements shall be sufficiently definite to enable construction
within a reasonable period of time.
In addition to the City of Arroyo Grande designated LOS “C” as the minimum acceptable LOS
standard on City facilities, Caltrans LOS policy for state highways will also be implemented. The
Caltrans published Guide for the Preparation of Traffic Impact Studies (dated December 2002)
states the following:
“Caltrans endeavors to maintain a target LOS at the transition between LOS “C” and LOS
“D” on State highway facilities, however, Caltrans acknowledges that this may not be always
feasible and recommends that the lead agency consult with Caltrans to determine the
appropriate target LOS.”
Consistent with Caltrans policies quoted above and City policies, LOS “C” has been taken as
the general threshold for acceptable operations at study intersections and roadway segments
maintained by the City, and LOS “C” has been taken as the general threshold for acceptable
operations at study intersections and roadways maintained by the State.
General Plan EIR Statement of Overriding Considerations
During the 2001 update of the City General Plan, the City Council by Resolution No. 3555 made
findings regarding the Environmental Impact Report (EIR) for the General Plan Update, and
adopted a Statement of Overriding Considerations for certain unavoidable significant impacts
relating to water, air quality and traffic.
Resolution No. 3555 states, in part, "that based on information set forth in the Final EIR and in
the Statement of Significant Environmental Effects and Mitigation Measures, the adverse
environmental effects related to circulation/transportation are significant environmental effects
that cannot be entirely mitigated or avoided if the Project [General Plan Update] is approved
because they are regional in nature and cannot be mitigated by the City policies alone." The
Resolution further states "based on the Final EIR and the Statement of Significant
Environmental Effects and Mitigation Measures, and other documents in the record, all
remaining unavoidable significant environmental effects of the 2001 General Plan Update are
overridden by the benefits of the Project [General Plan Update] as described in the Statement of
Overriding Considerations."
The 2001 General Plan EIR Statement of Significant Environmental Effects and Mitigation
Measures lists a potentially significant impact under Section VI: "Transportation and
Circulation," that "Correction of circulation deficiencies to LOS 'C' in question with all alternative
due to regional land use pattern. Major projects with cumulative traffic impacts include: 11 & 12)
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E. Grand Avenue & El Camino Real Mixed Use parking & regional congestion unresolved. [This
would] require Statement of Overriding Considerations for approval."
The Statement of Overriding Considerations (SOC, Exhibit B to Resolution No. 3555) states "the
City Council has weighed the benefits of the proposed 2001 General Plan Update adoption
against its unavoidable potentially significant environmental impacts. Based on consideration of
the record as a whole, the City Council finds that the benefits of the 2001 General Plan Update
outweigh the unavoidable and potentially significant environmental impacts and make adoption
acceptable." Relating specifically to traffic, the SOC states that "Circulation/Transportation
impacts are regional in nature and cannot be effectively mitigated by City policies alone."
Analysis Methodology
Synchro 9 will be used for this analysis. This computer software program is based upon the
most recent version of the Transportation Research Board Publication Highway Capacity
Manual, Fourth Edition, 2010, and is consistent with the Draft Transportation Impact Analysis
Report Guidelines (City of Arroyo Grande, 2015). Traffic signal timing information was obtained
from Caltrans and is input into the model to accurately represent the existing conditions at the
signalized intersections at applicable state facilities.
Omni-Means will apply level-of-service (LOS) “C” standard for all scenarios. In addition,
seconds of delay will be considered. Significance thresholds for signalized and unsignalized
intersections will be evaluated. Should LOS “D” or “E” conditions exist under the "No Project"
scenario, any additional delay introduced by the project of more than 7.5 seconds for signalized
intersections is considered a significant impact. Likewise, if LOS “F” conditions exist under the
“No Project” scenario, any additional delay introduced by the project of 5.0 seconds or more for
signalized intersections is considered a significant impact. For unsignalized intersections, the
project is considered to have a significant impact if it would go from acceptable to unacceptable
LOS conditions, or if it would increase the delay by more than 5.0 seconds at an intersection
that is already operating at an unacceptable condition under the “No Project” scenario.
Existing Traffic Operations
The Existing condition analysis investigates current traffic operation within the City of Arroyo
Grande in the vicinity of the project site. Figure 4 shows existing intersection lane geometries
and control, while Figure 5 shows existing peak hour volumes at the study intersections.
Existing AM and PM peak hour intersection traffic operations are quantifies using intersection
lane geometrics and traffic volumes. Table 2 shows the peak hour intersections level of service
operations at study locations under existing conditions.
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TABLE 2
EXISTING CONDITIONS: INTERSECTION LOS
# Intersection
Control
Type1,2
Target
LOS
AM Peak Hour PM Peak Hour
Delay LOS
Warrant
Met?3 Delay LOS
Warrant
Met?3
1 Brisco Rd/W Branch St Signal C 10.5 B No 10.5 B No
2 Brisco Rd/US 101 NB Ramps Signal C 15.4 B No 19.4 B No
3 Brisco Rd/El Camino Real Signal C 28.0 C -- 38.6 D --
4 El Camino Real/N Halcyon Rd/US
101 SB Ramps Signal C 12.6 B -- 12.5 B --
5 Faeh Ave/N Halcyon Rd TWSC C 12.6 B No 13.7 B No
6 Faeh Ave/Bell St/El Camino Real TWSC C 4.5 A No 4.6 A No
7 E Grand Ave/Halcyon Rd Signal C 12.3 B -- 12.0 B --
8 E Grand Ave/El Camino Real TWSC C 91.4 F No 42.2 E No
9 E Grand Ave/US 101 SB Ramps Signal C 10.7 B -- 12.0 B --
10 E Grand Ave/US 101 NB Ramps Signal C 20.8 C -- 12.5 B --
Notes:
1. TWSC = Two Way Stop Control
2. LOS = Delay based on worst minor street approach for TWSC intersections, average of all approaches for Signal
3. Warrant = Based on California MUTCD Warrant 3
As presented in table 2, all study intersections are currently operating at acceptable LOS with
the exception two intersections. The signalized intersection of Brisco Road/El Camino Real is
operating at LOS D during the PM peak hour and LOS F and E are occurring at the stop-
controlled intersection of E. Grand Avenue/El Camino Real during the AM and PM peak hours,
respectively. This is a result of the minor approach (El Camino Real) experiencing long periods
of delay waiting for an suitable time to enter into the major traffic flow, i.e., E. Grand Avenue.
However, the intersection at E. Grand Avenue/El Camino Real does not currently meet the
Peak-Hour Warrant-3 during peak hour conditions.
All mitigation measures will be discussed in a subsequent section of this report.
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Project Location and Description
The City of Arroyo Grande is located approximately three (3) miles inland from the Central
California coastline. Incorporated in 1911, the City contains acres of agriculturally productive
land in a valley created by the Arroyo Grande Creek. The City, locally known as one of the “Five
Cities”, adjoins Pismo Beach and Grover Beach, and is neighbor to Oceano and Shell Beach.
The economy of the Five Cities depends heavily on tourists and retail sales.
Many of the residents of Arroyo Grande commute to work in neighboring communities. Others
are employed in the service industries of Arroyo Grande, such as retail, education and health
care. A small quantity of manufacturing is located within the City. The heart of the City is the
Village of Arroyo Grande, a unique section of the community from which the modern City
derived its roots. Antique shops, an ice cream parlor, and turn of the century architecture are
reminiscent of an earlier age.1 Today, the City of Arroyo Grande has an estimated population of
17,720.2
The term “project,” refers to the development of a 34,625 square feet parcel generally located at
the southwest corner of the intersection of El Camino Real/Faeh Avenue/Bell Street as shown
on Figure 1. The proposed project is zoned highway mixed-use. The lot coverage is broken
down as follows: 3,146 of building area, 7,235 square feet of landscape area, 24,244 of paved
area, with 37 parking spaces provided (21 spaces required).
Project Site Access
According to the Project Site Access, as shown on Figure 6, the proposed project will develop
one project driveway on El Camino Real (Driveway #1). This is a 30’ wide driveway that will
provide full access into and out of the site. Faeh Avenue is proposed to have two projects
driveways, including a 25’ wide full access driveway (Driveway #2) and an exit only driveway
(Driveway #3) that is approximately 12’ wide. For purposes of this analysis, it is assumed that
approximately one-third of the project trips (i.e., drive-thru patrons) will exit on Driveway #3.
Additionally, Driveways #1 and #2 appear to have adequate throat depth based upon
geometrics identified in the Site Plan.
1 City of Arroyo Grande Community Profile, City of Arroyo Grande, 2015
2 California Department of Finance, May 1, 2017
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Figure 6 - Project Site Access
Project Trip Generation
For this TIAR, project related impacts are evaluated for weekday conditions therefore weekday
peak hour trip rates for the proposed project are provided in Table 3. Table 3 summarizes the
estimated trip generation of the project’s land-uses based upon data presented in ITE Trip
Generation (9th Edition). Specifically, the proposed project was evaluated using ITE Code 934,
which is described as fast food restaurant with drive-thru. Trip reductions were also applied and
are further discussed in this section. As shown in Table 3, the project is anticipated to generate
74 net AM peak hour trips (38 in and 36 out) and 53 net PM peak hour trips (28 in and 26 out).
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TABLE 3
WEEKDAY PROJECT TRIP GENERATION
Land Use Category (ITE
Code) Unit1
AM Peak Hour Trip
Rate/Unit
PM Peak Hour Trip
Rate/Unit
Total In % Out % Total In % Out %
Fast Food with Drive-Thru
(934) ksf 45.42 51% 49% 32.65 52% 48%
Project Name
Quantity
(Units)
AM Peak Hour Trips PM Peak Hour Trips
Total In Out Total In Out
Popeye's Louisiana Kitchen 3.2 145 74 71 104 54 50
Diverted Link Pass-by
Reduction 49% (71) (36) (35) (51) (27) (25)
Net New Project Trips 74 38 36 53 28 26
Notes:
1. 1 ksf = 1,000 square feet
2. Trip rates based on ITE Trip Generation Manual 9th edition average rates
3. Diverted Link Pass-by Reduction is derived by ITE Trip Generation Handbook, 3rd Edition, Tables F.31 & F.32
Pass-by and Non-Pass-by Trips Weekday, AM & PM Peak Period, Land Use Code 934 - Fast-Food Restaurant with
Drive-Through Window.
It should be noted that the project driveways used the actual trips, not the “Net New Project
Trips” as shown in Table 3. Therefore, 145 AM and 53 PM peak hour trips were analyzed at the
three project driveways.
Trip Reductions
In developing traffic and transportation impact analyses for urban and suburban infill projects,
professionals have often relied on ITE published trip generation rates for various types of land
use. The ITE data, however, are predominantly representative of suburban contexts and their
automobile-dependent land use patterns and transportation networks and typically do not take
into account variations in type and location (suburban versus urban) of proposed land uses,
proximity of transit service and existence of pedestrian and bicycle facilities.
The common use of suburban-focused vehicular trip generation data in the preparation of TIAs,
combined with a lack of information and techniques on how and when to adjust the data, has
often resulted in an application of conventional trip generation rates to proposed infill
development, even in places that are compact, highly walkable and transit-rich.3
This use of conventional data can over-predict vehicular traffic impacts, resulting in possible
mitigations that negatively affect use of transit, bicycle, and pedestrian facilities in the infill
project area. Inaccurate data may also result in excessive traffic mitigation fees or requirements
for additional infrastructure that can hinder the type of development that promotes lower
automobile use.4
3 Trip Generation Rates for Transportation Impact Analyses for Infill Development – NCHRP Report 758
(2013).
4 Ibid.
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Pass-by/Diverted Linked Trips
According to the ITE Trip Generation Handbook (3rd Edition), “pass-by trips” are made as
intermediate stops on the way from an origin to a primary trip destination without a route
diversion. Pass-by trips are attracted from traffic passing the site on an adjacent street or
roadway that offers direct access to the generator. Further, pass-by trips do not involve a route
diversion to enter the site driveway. “Diverted linked trips,” on the other hand, are trips that are
attracted from the traffic volume on roadways within the vicinity of the generator but require a
diversion from a nearby roadway to gain access to the site.
For this proposed project, diverted link pass by trips are directly attributable to location of the
project and its proximity to US 101, a major regional route. It is assumed that approximately
49% of the restaurant trips that will enter/exit the project will be passing through on the freeway
and/or nearby arterials, and will access the site. Diverted link pass by reduction data is not
documented in the Institute of Transportation Engineer’s Trip Generation Handbook (3rd
Edition); therefore, available pass-by data in the Handbook was used for this analysis to
represent diverted link pass by reductions.
For land use 934, fast-food restaurant with drive-through window, a diverted link pass-by
reduction of 49% will be applied. This data is documented in the Handbook under Tables F.31
& F.32 Pass-by and Non-Pass-by Trips Weekday, AM & PM Peak Period, Land Use Code 934 -
Fast-Food Restaurant with Drive-Through Window.
Project Trip Nature, Distribution, and Assignment
The project is expected to “generate” and “attract” trips throughout the City and from other
locations throughout the area. Directional trip distribution for project generated trips was
estimated based upon existing traffic flow patterns, geographic location of the project site, and
location of other similar destinations. This resulted in a distribution of all project trips throughout
the study area that is illustrated in Figure 7 and is summarized below:
40% to/from US 101 SB Ramps
25% to/from US 101 NB Ramps via E. Grand Avenue
15% to/from Brisco Road/El Camino Real
10% to/from E. Grand Avenue w/o Halcyon Road
10% to/from Halcyon Road s/o E. Grand Avenue
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Figure 7 - Project Trip Distribution
Existing plus Approved/Pending Projects
Short Term (Approved/Pending) Projects Trip Generation
Based upon the City’s Draft Transportation Impact Analysis Report Guidelines, short term
conditions analysis represents a near-term future analysis scenario in which approved/pending
development projects and transportation system improvements are assumed to be constructed.
This scenario is representative of conditions in the foreseeable future, typically within the next 5
to 10 years. For reference purposes, Figure 8 identifies General Plan land uses within the
vicinity of the proposed project, including the mixed use designation at the subject property.
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Figure 8 - General Plan Land Uses
For the Popeye’s Louisiana Kitchen TIAR, several projects within the project vicinity are
proposed. These include projects that are generally located north and south of the US 101
freeway. Table 4 represents a partial list of approved/pending projects that was provided by the
City of Arroyo Grande.
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TABLE 4
APPROVED/PENDING PROJECTS
City of Arroyo Grande - Approved/Pending Projects
# Location Description Status
1 Grace Lane 15 single-family homes and 4
apartments Under Construction
2 250 Ridgeview Way 3 residential lots Under Construction
3 415 East Branch Street 24 townhouses and 13,000 SF
retail/office building on 2.78 acres Approved
4 May Street 7 residential lots Approved
5 Corbett Canyon 11 residential lots Pending
6 Pearwood Avenue 8 residential lots Approved
7 Huasna Road 12 residential lots Under Construction
8 East Cherry Avenue 28 single-family homes Under Construction
9 E. Cherry Avenue and Traffic Way 58 new residences, cultural
center, unknown commercial dev. Approved
10 NWC Fair Oaks Avenue/Woodland Drive 44,926 square foot medical office
building Approved
As identified in Table 4, 10 projects within the vicinity of the project have been identified. These
include 8 residential projects and two non-residential projects. Table 5 identifies the estimated
weekday daily and peak hour trip generation for the approved/pending projects within the
vicinity of the project.
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TABLE 5
APPROVED/PENDING PROJECTS TRIP GENERATION
Land Use Category Unit
Daily Trip
Rate/Unit
Weekday AM Peak Hour
Rate/Unit
Weekday PM Peak Hour
Rate/Unit
Total In % Out % Total In % Out %
Single Family
Dwelling Units SFDU 9.52 0.75 25% 75% 1.0 63% 37%
Multi-Family
Dwelling Units MFDU 6.65 0.51 20% 80% 0.62 65% 35%
Townhouses/Condos DU 5.81 0.44 17% 83% 0.52 67% 33%
Retail/Office Building 1,000 sf 44.32 6.84 48% 52% 2.71 44% 66%
Medical Office1 1,000 sf 36.13 2.39 79% 21% 3.57 28% 72%
Description Quantity Daily Trips
Weekday
AM Peak Hour Trips
Weekday
PM Peak Hour Trips
Total In Out Total In Out
Single Family
Detached Housing
[ITE Code: 210]
138 1,314 104 26 78 138 87 51
Apartment
[ITE Code: 220] 4 27 2 1 1 2 1 1
Residential
Condominiums/
Townhouse
[ITE Code: 203]
24 139 11 2 9 15 10 5
Specialty Retail
Center
[ITE Code: 826]
13 576 89 43 46 35 15 20
Medical-Dental Office
Building
[ITE Code: 720]
14.96 541 36 28 8 53 15 38
Project Trips 2,597 242 100 142 243 128 115
Trip Reduction (10%)1 (112) (13) (7) (5) (9) (3) (6)
Total Project Trips 2,485 229 93 137 234 125 109
1 Assumes 10% Internal Capture Rate for Specialty Retail Center and Medical-Dental Office.
Errors due to rounding may occur.
As shown in Table 5, it is estimated that 2,485 daily trips will be generated, including 229 during
the AM peak hour and 234 during the PM peak hour. As also indicated in the table, an internal
capture rate of 10% was applied for specialty retail center and medical-dental office land uses.
The distribution of the identified approved/pending projects’ trip generation was determined by
use of the recently prepared traffic impact studies, existing traffic flow patterns, geographic
location of the project sites, and location of other similar destinations.
Existing plus Approved/Pending Projects conditions were then developed by superimposing the
projected AM and PM peak hour trips shown in Table 5 onto the existing traffic volumes
provided on Figure 5 (previously shown) with the resulting Existing plus Approved/Pending
Projects traffic volumes are presented on Figure 9.
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Based on the peak hour volumes shown on Figure 9, intersection analysis was then performed
assuming the existing intersection lane geometrics and control types (Figure 4). Table 6
presents the results of the Existing plus Approved/Pending Projects conditions analysis.
TABLE 6
EXISTING PLUS APPROVED/PENDING PROJECTS CONDITIONS: INTERSECTION LOS
# Intersection
Control
Type1,2
Target
LOS
AM Peak Hour PM Peak Hour
Delay LOS
Warrant
Met?3 Delay LOS
Warrant
Met?3
1 Brisco Rd/W Branch St Signal C 10.6 B -- 10.5 B --
2 Brisco Rd/US 101 NB Ramps Signal C 15.4 B -- 19.4 B --
3 Brisco Rd/El Camino Real Signal C 28.0 C -- 38.8 D --
4 El Camino Real/N Halcyon Rd/US
101 SB Ramps Signal C 12.7 B -- 12.5 B --
5 Faeh Ave/N Halcyon Rd TWSC C 12.7 B No 13.8 B No
6 Faeh Ave/Bell St/El Camino Real TWSC C 5.0 A No 5.1 A No
7 E Grand Ave/Halcyon Rd Signal C 12.3 B -- 12.1 B --
8 E Grand Ave/El Camino Real TWSC C 95.0 F No 43.0 E No
9 E Grand Ave/US 101 SB Ramps Signal C 10.8 B -- 12.1 B --
10 E Grand Ave/US 101 NB Ramps Signal C 21.3 C -- 12.7 B --
Notes:
1. TWSC = Two Way Stop Control
2. LOS = Delay based on worst minor street approach for TWSC intersections, average of all approaches for Signal
3. Warrant = Based on California MUTCD Warrant 3
As presented in Table 6, eight (8) of the study intersections are projected to operate acceptably
under Existing plus Approved/Pending Projects conditions. Intersection #3, Brisco Road/El
Camino Real, is expected to operate at LOS D during the PM peak period. Also, the
unsignalized intersection at E. Grand Avenue/El Camino Real is forecasted to continue to
operate at LOS F and E during the AM and PM peak hours, respectively, without meeting the
Peak-Hour Warrant-3 during peak hour conditions. This is a result of the minor approach (El
Camino Real) experiencing long periods of delay waiting for the critical gap to enter into the
major traffic flow (E. Grand Avenue).
All mitigation measures will be discussed in a subsequent section of this report.
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Existing plus Approved/Pending Projects plus Project
Existing plus Approved/Pending Projects plus Project conditions were developed by
superimposing proposed AM and PM peak hour project-generated trips (Table 3) using the
proposed project trip distribution (Figure 7) onto existing traffic volumes (Figure 5). The resulting
Existing plus Approved/Pending Projects plus Project traffic volumes are presented in Figure 10.
Intersection analysis was performed assuming the existing intersection lane geometrics and
control types (Figure 4). Table 7 presents the results of the Existing plus Approved/Pending
Projects plus Project conditions analysis.
TABLE 7
EXISTING PLUS APPROVED/PENDING PROJECTS PLUS PROJECT CONDITIONS: INTERSECTION LOS
# Intersection
Control
Type1,2
Target
LOS
AM Peak Hour PM Peak Hour
Delay LOS
Warrant
Met?3 Delay LOS
Warrant
Met?3
1 Brisco Rd/W Branch St Signal C 10.6 B -- 10.5 B --
2 Brisco Rd/US 101 NB Ramps Signal C 15.6 B -- 20.2 C --
3 Brisco Rd/El Camino Real Signal C 28.2 C -- 40.6 D --
4 El Camino Real/N Halcyon Rd/US
101 SB Ramps Signal C 12.8 B -- 12.6 B --
5 Faeh Ave/N Halcyon Rd TWSC C 12.9 B No 13.2 B No
6 Faeh Ave/Bell St/El Camino Real TWSC C 5.3 A No 5.8 A No
7 E Grand Ave/Halcyon Rd Signal C 12.4 B -- 12.1 B --
8 E Grand Ave/El Camino Real TWSC C 133.6 F No 49.1 E No
9 E Grand Ave/US 101 SB Ramps Signal C 10.8 B -- 12.1 B --
10 E Grand Ave/US 101 NB Ramps Signal C 21.8 C -- 12.9 B --
11 Driveway #1/El Camino Real TWSC C 1.4 A No 0.9 A No
12 Driveway #2/Faeh Avenue TWSC C 5.2 A No 5.1 A No
13 Driveway #3/Faeh Avenue TWSC C 8.5 A No 8.5 A No
Notes:
1. TWSC = Two Way Stop Control
2. LOS = Delay based on worst minor street approach for TWSC intersections, average of all approaches for Signal
3. Warrant = Based on California MUTCD Warrant 3
As identified in Table 7, all study intersections are forecasted to operate acceptably under
Existing plus Approved/Pending Projects plus Project conditions with the exception of two
intersections. Brisco Road/El Camino Real is projected to operate at LOS D conditions (40.6
seconds delay) during the PM peak hour. Based upon significance thresholds for mitigation for
signalized intersections at LOS D condition under “No Project”, which has a delay of 43
seconds, the project impact is not significant, i.e., less than 7.5 seconds delay.
In contrast, a significant project-related impact is expected at the unsignalized intersection of E.
Grand Avenue/El Camino Real where LOS is forecasted to be F during the AM peak hour and E
during the PM peak hour. This is a result of the minor approach (El Camino Real) experiencing
long periods of delay waiting for an acceptable time to enter into the major traffic flow (E. Grand
Avenue). Nonetheless, this intersection is not forecasted to meet the Peak-Hour Warrant-3
during AM or PM peak hour conditions.
All mitigation measures will be discussed in a subsequent section of this report.
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Cumulative Conditions
Cumulative conditions refer to an analysis scenario approximately 20 years in the future.
Cumulative conditions were analyzed by deriving traffic volume forecasts using the City of
Arroyo Grande Travel Demand Model and the San Luis Obispo Regional Travel Demand
Forecast Model, assuming full build-out of the City's General Plan land uses and circulation
network.
Omni-Means used the Models’ 2010 (Base) and 2035 (Cumulative) traffic forecasts to identify
the incremental change in traffic volumes by approach and applied the factor to known traffic
counts to predict 2035 traffic volumes. The count delta method forecasts adjustment is based
upon the difference of recent counts from interpolation resulting from base and forecast year.
Following this process, Omni-Means checked the forecasted turning movements for
reasonableness and made adjustments where necessary.
Cumulative No Project conditions will assume that the proposed project site is developed
consistent with the existing General Plan land use designation. Previously shown on Figure 8,
the ‘mixed use’ land use is consistent with planned development of restaurant uses.
Cumulative plus Project conditions were developed by using existing General Plan land uses on
the proposed project site and adding proposed project land use as shown in the Site Plan.
Cumulative No Project Traffic Volumes
The Travel Demand Models were used to generate the Cumulative base condition volumes.
Future lane geometrics are the same as the existing intersection lane geometries and control as
shown in Figure 4. Figure 11 shows Cumulative No Project peak hour traffic volumes at study
intersections. Table 8 shows the peak hour intersections level of service operations at study
locations under Cumulative No Project conditions.
TABLE 8
CUMULATIVE NO PROJECT CONDITIONS: INTERSECTION LOS
# Intersection
Control
Type1,2
Target
LOS
AM Peak Hour PM Peak Hour
Delay LOS
Warrant
Met?3 Delay LOS
Warrant
Met?3
1 Brisco Rd/W Branch St Signal C 10.9 B - 12.2 B -
2 Brisco Rd/US 101 NB Ramps Signal C 21.5 C - 46.7 D -
3 Brisco Rd/El Camino Real Signal C 33.1 C - 112.1 F -
4 El Camino Real/N Halcyon Rd/US
101 SB Ramps Signal C 13.5 B - 14.6 B -
5 Faeh Ave/N Halcyon Rd TWSC C 12.9 B No 15.2 C No
6 Faeh Ave/Bell St/El Camino Real TWSC C 4.8 A No 4.8 A No
7 E Grand Ave/Halcyon Rd Signal C 12.8 B - 13.9 B -
8 E Grand Ave/El Camino Real TWSC C 130.2 F No 221.4 F Yes
9 E Grand Ave/US 101 SB Ramps Signal C 12.3 B - 18.6 B -
10 E Grand Ave/US 101 NB Ramps Signal C 21.2 C - 15.7 B -
Notes:
1. TWSC = Two Way Stop Control
2. LOS = Delay based on worst minor street approach for TWSC intersections, average of all approaches for Signal
3. Warrant = Based on California MUTCD Warrant 3
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As presented in Table 8, three (3) intersections are forecasted to operate at unacceptable LOS
in Cumulative No Project conditions. These failing intersections include Brisco Road/US 101 NB
Ramps, Brisco Road/El Camino Real, and E Grand Avenue/El Camino Real. The intersection at
E. Grand Avenue/El Camino Real is anticipated to meet the Peak-Hour Warrant-3 under PM
peak hour conditions for the Cumulative No Project scenario. This is a result of expectation of
the minor approach (El Camino Real) experiencing long periods of delay while waiting for an
suitable time to enter into the major traffic flow (E. Grand Avenue).
Recommended improvements to mitigate these deficiencies are proposed in the concluding
section of this report.
Cumulative plus Project
Cumulative plus Project traffic volumes were derived from adding project trips (Table 3) to
Cumulative No Project volumes (Figure 6). Future lane geometrics are the same as the existing
intersection lane geometries and control as shown in Figure 4. Figure 12 shows Cumulative plus
Project peak hour traffic volumes at study intersections. Table 9 shows the peak hour
intersections LOS operations at study locations under Cumulative plus Project conditions.
TABLE 9
CUMULATIVE PLUS PROJECT CONDITIONS: INTERSECTION LOS
# Intersection
Control
Type1,2
Target
LOS
AM Peak Hour PM Peak Hour
Delay LOS
Warrant
Met?3 Delay LOS
Warrant
Met?3
1 Brisco Rd/W Branch St Signal C 10.9 B -- 12.2 C --
2 Brisco Rd/US 101 NB Ramps Signal C 21.9 C -- 46.7 D --
3 Brisco Rd/El Camino Real Signal C 32.7 C -- 115.3 F --
4 El Camino Real/N Halcyon Rd/US
101 SB Ramps Signal C 13.7 B -- 14.8 B --
5 Faeh Ave/N Halcyon Rd TWSC C 13.3 B No 15.3 B No
6 Faeh Ave/Bell St/El Camino Real TWSC C 5.6 A No 4.9 A No
7 E Grand Ave/Halcyon Rd Signal C 12.8 B -- 13.9 B --
8 E Grand Ave/El Camino Real TWSC C 169.8 F No 276.5 F Yes
9 E Grand Ave/US 101 SB Ramps Signal C 12.3 B -- 18.6 B --
10 E Grand Ave/US 101 NB Ramps Signal C 21.6 C -- 15.9 B --
11 Driveway #1/El Camino Real TWSC C 1.4 A No 0.9 A No
12 Driveway #2/Faeh Avenue TWSC C 5.2 A No 5.1 A No
13 Driveway #3/Faeh Avenue TWSC C 8.5 A No 8.5 A No
Notes:
1. TWSC = Two Way Stop Control
2. LOS = Delay based on worst minor street approach for TWSC intersections, average of all approaches for Signal
3. Warrant = Based on California MUTCD Warrant 3
As shown in Table 9, three (3) intersections are projected to operate at unacceptable LOS
during the AM and/or PM peak hour periods during the Cumulative plus Project conditions.
Additionally, intersection at E. Grand Avenue/El Camino Real is expected to meet the Peak-
Hour Warrant-3 under PM peak hour conditions. This is a result of the minor approach (El
Camino Real) forecasted to experience long periods of delay waiting for an acceptable time to
enter into the major traffic flow (E. Grand Avenue).
All mitigation measures will be discussed in a subsequent section of this report.
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Freeway Ramp Conditions – Existing and Cumulative
Conditions
For this study, a merge/diverge analysis was performed on intersection #2 northbound off-ramp
State Route 101/Brisco Avenue and a weaving analysis was conducted on the freeway segment
from the on-ramp at Halcyon road to the off-ramp at E. Grand Avenue. Freeway segment and
ramp volumes utilized information found on the Caltrans website and previous traffic studies.
Density (passenger cars per mile per lane) was evaluated using Highway Capacity Software
(HCS) version 2010. Table 10 identifies existing and forecasted density and LOS for
intersection #2 and Table 11 identifies existing and forecasted density and LOS for the weaving
segment analysis as identified above.
TABLE 10
EXISTING & CUMULATIVE WITH AND WITHOUT PROJECT SCENARIOS:
FREEWAY RAMP CONDITIONS
Existing
Existing +
A/P Projects
Existing + A/P
+ Project Cumulative
Cumulative +
Project
Interchange Movements
Target
LOS
Junction
Type
Density
(pc/mi/ln)LOS
Density
(pc/mi/ln)LOS
Density
(pc/mi/ln)LOS
Density
(pc/mi/ln) LOS
Density
(pc/mi/ln)LOS
US 101 NB Ramps @
Brisco Road
NB Onramp C Merge 21.7 C 21.7 C 21.7 C 25.6 C 25.7 C
NB Offramp C Diverge 18.2 B 18.2 B 18.2 B 21.8 C 21.8 C
Note: Represents Peak Hour Analysis
As shown in Table 10, all of the merge/diverge segments at northbound off-ramp US 101/Brisco
Road and southbound off-ramp US 101 at Halcyon Road are either operating at or are
expected to operate at acceptable LOS under the study scenarios.
TABLE 11
EXISTING & CUMULATIVE WITH AND WITHOUT PROJECT SCENARIOS:
FREEWAY RAMP SEGMENT WEAVING CONDITIONS
Existing
Existing +
A/P Projects
Existing + A/P
+ Project Cumulative
Cumulative +
Project
Freeway/Freeway Segment
Target
LOS
Junction
Type
Density
(pc/mi/ln)LOS
Density
(pc/mi/ln)LOS
Density
(pc/mi/ln)LOS
Density
(pc/mi/ln) LOS
Density
(pc/mi/ln)LOS
US 101 SB/ Halcyon Rd to
Grand Ave
SB Onramp C Weaving 25.0 C 25.1 C 25.1 C 26.9 C 27.0 C
SB Offramp C Diverge 26.9 C 26.9 C 26.9 C 27.8 C 27.8 C
As shown in Table 11, the weaving segment on southbound US 101 from the on-ramp at
Halcyon Road to the off-ramp at E. Grand Avenue is either operating at or expected to operate
at acceptable LOS under these study scenarios. The southbound off-ramp is anticipated to
continue to operate at acceptable LOS C conditions.
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Recommended Mitigation Measures
This section presents recommended mitigation measures at the study intersections and based
upon the results of the analysis presented in this report. Two (2) of the study intersections,
Brisco Road/El Camino Real and Brisco Road/US 101 NB Ramps, are currently and/or are
expected to operate at LOS D or worse conditions with or without the project. Both of these
study intersections are located in an area designated for future improvements within the City.
The City Arroyo Grande is currently evaluating improvement alternatives to the Brisco Road /
Halcyon Road / US 101 interchange. An alternative under consideration includes closure of the
northbound on and off ramps at Brisco Road and improvements to the adjacent interchanges at
E. Grand Avenue and Camino Mercado provide additional capacity in support of anticipated
redirected traffic volumes. Another alterative under consideration is to relocate the NB ramps to
intersect W. Branch Street at Rodeo Drive and installing a roundabout. An Administrative Draft
Project Report is currently being reviewed by Caltrans as part of the environmental review
process.
Although it is unknown at this time which alternative will be selected and which improvement(s)
will be planned, it is clear that this project will add trips to these intersections. As such, pro-rata
shares have been calculated to assist in determining the projects contribution of trips to these
intersections.
All of the study intersections with project are projected to operate at acceptable LOS conditions
through the Year 2035 with implementation of the recommended improvements and mitigation
measures identified below.
Existing plus Approved/Pending Projects plus Project Conditions
Under “Existing plus Approved/Pending Projects plus Project”, the following intersections
operate at unacceptable LOS “D” or worse conditions:
Brisco Road/El Camino Real [#3] intersection: This intersection is expected to operate at LOS
“D” conditions under “Existing plus Approved/Pending Projects plus Project” PM peak hour
conditions. The project does not create a significant impact at this intersection because the
overall delay at this intersection, when compared to “Existing” conditions increases by 1.8
seconds, which falls within the LOS criteria established by the City. However, the project does
contribute trips to this intersection and a pro-rata share has been developed for future
improvements.
E. Grand Avenue/El Camino Real [#8] intersection: This intersection is forecasted to operate at
unacceptable LOS “F/E” conditions during the AM/PM peak hour periods, respectively. This is a
result of anticipated long periods of delay by the minor approach (El Camino Real) waiting at the
stop sign to enter into the traffic flow on the major approach (E. Grand Avenue). Based on the
significance factor established by the City, the project has a significant impact at this
intersection. However, this intersection does not currently meet the Peak-Hour Warrant-3
standard during peak hour conditions. This is because the minor traffic approach on El Camino
Real does not exceed 100 peak hour trips.
Year 2035 Base plus Project Conditions
Under “Year 2035 Base plus Project” conditions, the following intersections operate at
unacceptable LOS “D” or worse conditions:
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Brisco Road/US 101 Northbound Ramps [#2] intersection: This intersection is forecasted to
operate at LOS “D” conditions under the “Year 2035 Base plus Project” scenario. Although the
project does not create a significant impact at this intersection based upon the City’s
significance threshold, this is a state facility and the City’s level of significance criteria does not
apply. However, the project does contribute trips to this intersection and a pro-rata share has
been developed for future improvements.
Brisco Road/El Camino Real [#3] intersection: This intersection is forecasted to operate at LOS
“F” conditions under the “Year 2035 Base plus Project” scenario. The project does not create a
significant impact at this intersection because the overall delay at this intersection under plus
project conditions, when compared to base conditions, does not increase by more than 5.0
seconds (for LOS F), which falls within the level of significance criteria established by the City.
Regardless, the project does affect future intersection operations and a pro-rata share has been
established for future improvements.
E. Grand Avenue/El Camino Real [#8] intersection: This intersection is forecasted to operate at
LOS “F” conditions and meets the Peak-Hour Warrant-3 standard during the PM peak hour.
Therefore, a traffic signal is recommended to be installed at this location. This intersection is
listed in the Draft Arroyo Grande 2016 Transportation Impact Fee Update as a future
intersection improvement. However, potential access issues need to be considered. As a
result, Omni-Means conducted a queuing analysis between this intersection and the existing
signalized intersection at E. Grand Avenue/US 101 Southbound Ramps under “2035 Base plus
Project” PM peak hour conditions.
Table 12 provides vehicle queues by approach and by approach movement at intersection #8,
E. Grand Avenue/El Camino Real and intersection #9, E. Grand Avenue/US 101 SB Ramps
with the results shown below. As indicated in Table 12, the available storage is forecasted to
accommodate the 95th percentile queue storage requirements for all critical intersection
movements between the two study intersections.
Other access considerations are related to the existing driveway located along the north side of
E. Grand Avenue between El Camino Real and US 101 Southbound Ramps, which is a
convenience store. This project driveway is located approximately 120 feet west of the US 101
SB Ramps, which does not meet the Caltrans minimum distance between ramp intersections
and local road intersections of 400 feet, according to the Highway Design Manual (Chapter
500). Therefore, the City and/or Caltrans may consider limiting access to a right-turn only
driveway on E. Grand Avenue at this location (convenience store driveway). Access for
southbound vehicles exiting the site would be redirected to the existing convenience store
driveway on El Camino Real. A pro-rata share has been calculated for improvements related to
installation of a traffic signal, signing and striping.
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TABLE 12
YEAR 2035 BASE PLUS PROJECT PM PEAK HOUR QUEUING ANALYSIS:
E. GRAND AVENUE BETWEEN EL CAMINO REAL & US 101 SB RAMPS
Int. # Queue Segment - Direction
#
Lanes
Available
Storage
(Ft.)
AM Peak Hour
95th % Queue
PM Peak Hour
95th % Queue
8 E. Grand Avenue/El Camino Real
Eastbound Left 1 80 62 64
Eastbound Thru 1 > 500 313 327
Eastbound Thru/Right 1 > 500 200 335
Westbound Thru 1 300 236 292
Westbound Thru/Right 1 300 212 252
Westbound Left 1 75 27 --
Northbound Left/Thru/Right 1 -- -- 29
Southbound Left/Thru/Right 1 -- 65 92
9 E. Grand Avenue/US 101 SB Ramps
Eastbound Thru 1 485 145 323
Eastbound Thru/Right 1 485 165 334
Westbound Thru 2 610 253 164
Westbound Left 1 170 86 134
Southbound Left 1 > 500 129 196
Southbound Right 1 > 500 42 39
Pro Rata Share Calculations
Table 13 includes a worksheet that identifies the pro-rata share calculations (Weekday PM Peak
Hour Pro-Rata Share Calculations) as documented in the Caltrans Guide for the Preparation of
Traffic Impact Studies (December 2002). The method for calculating equitable mitigation
measures is as follows:
P=T/(TB - TE )
Where:
P = The equitable share for the proposed project’s traffic impact.
T = The vehicle trips generated by the project during the peak hour of adjacent State highway
facility in vehicles per hour (vph).
TB = The forecasted traffic volume on a impacted State highway facility at the time of general
plan build-out (e.g., 20 year model or the furthest future model date feasible), vph.
TE = The traffic volume existing on the impacted State highway facility plus other approved
projects that will generate traffic that has yet to be constructed/opened, vph.
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TABLE 13
PRO RATA SHARE CALCULATIONS
Intersection
Existing + A/P
Projects
(TE)
2035 General
Plan Buildout
(TB)
Project Only
(T)
Pro Rata %
(P)
Brisco Road/US 101 NB Ramps [#2] 1,408 1,711 11 3.63%
Brisco Road/El Camino Real [#3] 1,661 2,042 19 4.99%
E. Grand Avenue/El Camino Real [#8] 1,659 1,963 13 4.28%
As shown in Pro-Rata Share Calculations, the proposed project will generate a portion of PM
peak hour trips that will contribute to the deficiencies identified in this report. The spreadsheet
further breaks down pro-rata share percentages for each intersection. According to the
methodology described in the Caltrans Guide for the Preparation of Traffic Impact Studies,
Table 13 is neither intended as, nor does it establish a legal standard for determining equitable
responsibility and cost of the project’s traffic impact; the intent is to provide:
1. A starting point for early discussions to address traffic mitigation equitably;
2. A means for calculating the equitable share for mitigating traffic impacts; and
3. A means for establishing rough proportionality [Dolan vs. City of Tigard, 1994, 512 U.S.
374 (114 S. Ct. 2309)].
Item 10.a. - Page 107
Appendix
1. Project Site Plan
2. Level of Service Worksheets
3. Peak-Hour Warrant-3 Worksheets
4. AM & PM Peak Hour Traffic Counts
Item 10.a. - Page 108
Item 10.a. - Page 109
Item 10.a. - Page 110
Item 10.a. - Page 111
Item 10.a. - Page 112
Item 10.a. - Page 113
Item 10.a. - Page 114
PLANNING COMMISSION
ATTACHMENT 6
PAGE 2
MINUTES
OCTOBER 17, 2017
8. PUBLIC HEARINGS
8.a. CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 17-001; AMENDMENT TO
CONDITIONAL USE PERMIT 01-008 TO PERMIT THE CONSTRUCTION OF A NEW
RECREATIONAL VEHICLE SHADE STRUCTURE; LOCATION – 330 TRAFFIC WAY;
APPLICANT – MULLAHEY FORD
Planning Technician Anderson presented the staff report and recommended the Planning
Commission adopt a Resolution approving Amended Conditional Use Permit 17-001. Planning
Technician Anderson responded to Commission questions regarding the use of the structure;
signage; and condition to remove the driveway.
Chair Martin opened the public hearing for comment. Speaking from the public was: Patty
Welsh, said it looks like the signage is being addressed. Hearing no further speakers, Chair
Martin closed the public hearing.
Action: Commissioner Mack moved to adopt a resolution entitled “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT 17-001; AMENDMENT TO CONDITIONAL USE PERMIT
01-008 TO PERMIT THE CONSTRUCTION OF A NEW RECREATIONAL VEHICLE
SHADE STRUCTURE; LOCATED AT 330 TRAFFIC WAY; APPLIED FOR BY
MULLAHEY FORD”, as modified to add a Condition of Approval that any change in use of
the structure from the approved storage use shall be reviewed by the City and appropriate
use permits approved. Commissioner George seconded the motion.
AYES: Mack, George, Fowler-Payne, Schiro, Martin
NOES: None
ABSENT: None
8.b. CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008, AND
MITIGATED NEGATIVE DECLARATION; CONSTRUCTION OF AN APPROXIMATELY 2,900
SQUARE-FOOT FAST-FOOD RESTAURANT WITH DRIVE-THRU; LOCATION – 727 EL
CAMINO REAL (WESTERN CORNER OF EL CAMINO REAL, FAEH AVENUE, AND BELL
STREET); APPLICANT – ELA FOODS, INC.; REPRESENTATIVE – KEITH SIMON
Planning Manager Downing presented the staff report and recommended the Planning
Commission adopt a Resolution recommending the City Council adopt the Mitigated Negative
Declaration and approve Lot Merger 16-001 and Conditional Use Permit 16-008. Planning
Manager Downing, and City Engineer Dickerson responded to Commission questions
regarding zoning; zoning for drive-thru; on and off ramp; wall; wall length; noon peak hours;
lighting; view of building from the freeway; requirement of two drive entrances; restriction of
trucks on Faeh Avenue; height of fence; the affect this business will have on adjacent business
(Francisco’s); change in the square footage; schedule of delivery trucks; route of delivery
trucks; and minimum site distance to the driveway entrance.
Keith Simon, representative, presented the project; addressed concerns regarding smell and
hours of operation. Mr. Simon responded to Commission questions regarding moving the
transformer; driveway relocation; lighting in the parking lot; architecture; external lighting;
Item 10.a. - Page 115
PLANNING COMMISSION PAGE 3
MINUTES
OCTOBER 17, 2017
location of deliveries/time of trucks; can hours fluctuate weekend/weekdays; support wall and
shrubs; an non-audible ordering kiosk; and hours of the drive-thru.
Chair Martin opened the public hearing for comment. Speaking from the public were:
Richard Bell expressed concern with safety, noise; and does not support a lot of shrubbery.
Teri Tardiff said there is no access except for the drive-thru and the project will impact
traffic in the neighborhood. Maureen Herrera said the drive-thru will impact the freeway;
parking is an issue; and complained about the noise from the drive-thru speaker. Howie
Conroy said Bell and Alpine will become thoroughfares; the neighborhood will be impacted;
the exhaust hoods will not eliminate smell; and the neighborhood will be changed overall.
Chris Wheelen said traffic will be impacted and is opposed to the project. Val Delaney,
spoke against the project; expressed concern with drive-thru; air quality; smell; noise; noise
from people in the patio; and the impact of traffic. Lori Hunstad spoke against the project;
said the Traffic Commission only approved if there is a traffic light at East Grand Avenue
and El Camino Real; complained about the drive-thru; noise; and air pollution. Patty Welsh
spoke against the project and expressed concern with noise; diesel trucks; truck parking;
traffic; trash litter/pickup; and supports the wall with shrubbery. Jason Beres spoke against
the project and suggested to put the project on East Grand Avenue. Lisa Suddarth spoke
against the project and expressed concern with the location and color of the building.
Shirley Gibson spoke against the project and suggested toning the color down for the
building. Kim Conroy stated it will be dangerous for pedestrians and will impact traffic.
Danny and Grace spoke against the project. Hearing no further comments, Chair Martin
closed the public hearing.
Planning Manager Downing responded to Commission questions regarding the traffic
signal; large vehicles; other potential sites; and number of lots.
Commissioner Fowler-Payne stated she is opposed to the project.
Commissioner Mack stated some of the issues can be mitigated; there should be
guidelines for circulation of drive-thru restaurants; there is issues with pedestrian
circulation; suggest to eliminate the driveway to the neighborhood; and stated he cannot
support the project as designed.
Commissioner Schiro said the pedestrian access has to be fixed for him to approve the
project and would like to see it mitigated; suggested to add a condition for an exhaust hood;
supports the traffic signal; supports a touch screen drive-thru; has a problem with parking of
large vehicles; supports a high wall; have a problem with not using trade colors; and can
support the project if mitigated correctly.
Commissioner George stated she cannot support the project as presented.
Chair Martin stated listening to the public makes it hard for him to support this project;
complaints are complaint driven; cannot support a drive-thru on Faeh Avenue; would like to
see reduced lighting after hours; limit truck traffic to ingress traffic off of Faeh; support four
foot fence height with shrubbery to soften appearance; limit parking to two hours on Faeh;
Item 10.a. - Page 116
PLANNING COMMISSION PAGE 4
MINUTES
OCTOBER 17, 2017
kiosk be muted; more tan than yellow; supports the odor hood; and make mitigation to
accommodate the neighborhood.
In answer to Commissioner Fowler-Payne, Mr. Downing indicated there is a map depicting
the ten underlying lots.
Director McClish presented the options for the project to the Commission.
Chair Martin made a motion to continue this item to a date certain of December 5, 2017.
Commissioner Schiro seconded the motion.
Discussion on the motion from Commissioner George included that she would like to make
the following issues known: 1. Concern with requirement for the two ingress/egress points
and does not know how this project will address that because it is the Municipal Code. 2.
Would like the exhaust hood. and 3. Installation of an ordinary kiosk. Commissioner
Mack said the applicant can ask for a hardship.
The motion passed upon the following roll call vote.
AYES: Martin, Schiro, Fowler-Payne
NOES: George, Mack
ABSENT: None
9. NON-PUBLIC HEARING ITEM
9.a. None
10. NOTICE OF ADMINISTRATIVE DECISIONS SINCE OCTOBER 3, 2017
This is a notice of administrative decision for Minor Use Permits, including any approvals,
denials or referrals by the Community Development Director. An administrative decision must
be appealed or called up for review by the Planning Commission by a majority vote.
Case No. Applicant Address Description Action Planner
PPR 17-017 Margaret Wheatley 1161 Maple
Street
Establishment of a
homestay in an
existing guest house
A C. Turner
VSR 17-008 Murray Williams 354 Pecan
Place
Second story addition
of 880 square feet to
an existing single
family residence
A C. Turner
In answer to Commissioner Fowler-Payne’s question regarding handouts for homestays,
Planning Manager Downing said staff could draft a handout for homestays. She stated the
VSR should demo and start project from scratch.
11. COMMISSION COMMUNICATIONS
None
Item 10.a. - Page 117
PLANNING COMMISSION PAGE 2
MINUTES
FEBRUARY 6, 2018
8. PUBLIC HEARINGS
8.a. CONSIDERATION OF LOT MERGER 16-001, CONDITIONAL USE PERMIT 16-008, AND
MITIGATED NEGATIVE DECLARATION; CONSTRUCTION OF AN APPROXIMATELY 2,650
SQUARE-FOOT FAST-FOOD RESTAURANT WITH DRIVE-THRU; LOCATION – 727 EL
CAMINO REAL (WESTERN CORNER OF EL CAMINO REAL, FAEH AVENUE, AND BELL
STREET); APPLICANT – ELA FOODS, INC.; REPRESENTATIVE – OASIS ASSOCIATES
Planning Manager Downing presented the staff report and recommended the Commission adopt a
Resolution recommending the City Council adopt the Mitigated Negative Declaration and approve
Lot Merger 16-001 and the Conditional Use Permit 16-008. Planning Manager Downing, City
Engineer Dickerson, and Community Development Director McClish responded to Commission
questions regarding a noise study; colors for the block wall; the traffic report; warrants for the traffic
signal; the applicant’s share for the signal; installation of solar panels; hours of construction
discrepancy in the Conditions of Approval and Mitigation Measures; comparison of other drive-thru
restaurants in the City; non-audible kiosk; vehicles idling; who is responsible to maintain the odor
reducing equipment; impact Francisco’s Restaurant and Beach Front Auto; and process for permit
parking.
Nick Amirian, Developer, said Popeye’s is community oriented; addressed the concerns presented
at October 17, 2017 Commission meeting and responded to questions regarding the proposed
project.
Carol Florence, Oasis Associates and representative, asked the Planning Commission to approve
the project; presented the changes that were made regarding the concerns that the Commission
had from the October 17, 2017 meeting; and responded to questions regarding the proposed
project.
Chair Martin opened the public hearing for comment. Speaking from the public were: Sandra
Bourbon spoke against the project. Val Delaney expressed concern with additional traffic and
asked the Commission to read the Transportation Report. Terry Tardiff questioned if there should
be a traffic study done on Halcyon, spoke against the project as it is across from her house,
complained about the noise from the speaker and the smell. Kim Conroy said he is not opposed to
Popeye’s but is opposed to the location, expressed concern with property values, asked who will
pay for traffic calming, and is concerned with noise. Maureen Herrera asked about conserving
water, parking, suggested to flip the project around and is opposed to the project, Lori Hunstad
said the project does not fit this site and suggested affordable housing at said site. Patty Welsh
said she is not opposed to Popeye’s but is opposed to the drive-thru, concerned with
loading/unloading, traffic, noise, smell, lights, and delivery times. Richard Bell, Operators
Engineers expressed concern with privacy, excessive traffic, and safety of kids that play on the
street and asked the Commission to deny the project. Wayne Allen said the project will create more
traffic, concerned with the on and off ramp at Halcyon Road/El Camino Real, and suggested to find
another use for this property. Cora Poropat owner/lessor of Beach Front Auto expressed concern
with ambulance response time due to additional traffic, said there are already accidents in this area,
is not against the business but is opposed to the site. Chris Wheeler just recently purchased his
home on Faeh Avenue and is opposed to the project. Hearing no further speakers, Chair Martin
closed the public hearing.
Carol Florence clarified the hours of operation, said traffic is always a concern for all cities, this
project will bring a fair share of contribution for traffic throughout the City, and responded to
questions from the Commission regarding the project.
ATTACHMENT 7
Item 10.a. - Page 118
PLANNING COMMISSION PAGE 3
MINUTES
FEBRUARY 6, 2018
Commissioner Schiro provided the following comments for the project: suggested a touch screen
and no speaker; is in support of the hours of closing at mid night on Friday and Saturday and 10:00
pm Sunday through Thursday; suggested the six foot wall be decorative with stucco and pillars
using the same stone with a decorative cap; add a condition for a shared parking agreement; add
condition to move the grease trap to the north side of the property and be sized on grease
production method; commercial dishwasher should be a gallon or less; suggested waterless urinals;
lighting be as low and least impacted as possible for the community; and said the project site is
consistent with the General Plan.
Commissioner George provided the following comments for the project: is in support of the
alternate plan; would like the parking lot pavement marked clearly; need to mark clear ingress and
egress; would like closing hours at 10:00 pm all seven days of the week; likes the wall with the
pillars; suggested that an annual maintenance for the exhaust for odor be done; the lighting should
go back to the Architectural Review Committee; would like to see solar panels and that the project
should be “green” as much as possible; and is concerned with traffic mitigation.
Commissioner Fowler-Payne provided the following comments for the project: is opposed to the
project; concerned with safety issues, circulation, and the small children in the neighborhood.
Suggested permit parking on both sides of Faeh Avenue and restrict employee parking; feels this is
not the best location in the City for Popeye’s; and is concerned with both local and freeway traffic.
Commissioner Mack said the architecture is a huge improvement; the site is zoned for this type of
use; does not feel there will be competition with the other business; the traffic report is not failing;
agrees with Condition of Approval 17, hours need to match; the wall will keep the sound on the
other side of the fence; would like to see a professional report on that; most of the traffic will be on
and off freeway; the applicant has addressed the site access; would like to see more than one “No
parking” zone sign; should be 10:00 pm cut off.
Director McClish stated the applicant’s representative indicated willingness to close drive-thru at
10:00 pm.
Chair Martin concurred with Commissioner Schiro comments.
Action: Chair Martin moved to adopt a resolution entitled “A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL
ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE LOT MERGER 16-001 AND
CONDITIONAL USE PERMIT 16-008; LOCATED AT 727 EL CAMINO REAL; APPLIED FOR BY
ELA FOODS, INC.” as modified with the following conditions: 1) The project shall comply with the
noise ordinance, and an acoustical study shall be completed prior to City Council consideration; 2)
Waterless urinals shall be required in the restrooms; 3) The wall along Faeh Avenue shall be
decorative or cut block with concrete caps and appropriate landscaping; 4) Condition of Approval
34 shall include the requirement for an annual maintenance report be provided to the City; 5) Street
parking on the north side of Faeh Avenue shall be limited to 30 minutes and permit parking shall be
required on the south side; 6) Recommends modified drive-thru Alternative #2 presented by the
applicant; 7) The applicant shall extend the six foot wall along Faeh Avenue southeast around the
curve of the drive-thru; and 8) Parking lot light standards shall be limited to twelve feet (12’).
Commissioner Schiro seconded the motion.
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PLANNING COMMISSION PAGE 4
MINUTES
FEBRUARY 6, 2018
Discussion on the motion by the Commission and staff ensued. Following the discussion, the
motion was revised as follows: “A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED
NEGATIVE DECLARATION AND APPROVE LOT MERGER 16-001 AND CONDITIONAL USE
PERMIT 16-008; LOCATED AT 727 EL CAMINO REAL; APPLIED FOR BY ELA FOODS, INC.”
as modified with the following conditions: 1) The project shall comply with the noise ordinance, and
an acoustical study shall be completed prior to City Council consideration to determine if the
ordering kiosk is required to be moved; 2) Waterless urinals shall be required in the restrooms; 3)
The wall along Faeh Avenue shall be decorative or cut block with pillar and concrete caps and
appropriate landscaping, colored to match the building, and return to the Architectural Review
Committee for recommendation on final design to the Community Development Director; 4)
Condition of Approval 34 shall clarify that a Level 3 unit with odor control shall be used and include
the requirement for an annual maintenance report be provided to the City; 5) Coordinate with the
Planning and the Police Departments to evaluate limiting parking on Faeh Avenue to “resident only”
with parking permits or other alternative parking schemes for City Council consideration (e.g., 30-
minute limited parking on the east side of Faeh Avenue, no truck parking etc.); 6) Selected modified
drive-thru Alternative #2 presented by the applicant; 7) The applicant shall extend the six foot wall
along Faeh Avenue southeast around the curve of the drive-thru; 8) Parking lot light standards shall
be limited to twelve feet (12’) in height and lighting schematic/photometric study to minimize light
spill and glare and reviewed by the ARC for recommendation of final design to the Community
Development Department; 9) Condition of Approval #17 shall be modified to reflect contractor
hours in Mitigation Measure NOI -1 (8:00 am to 5:00 pm Monday through Friday); 10) pre-wire
building for solar panels; 11) Operation of the drive-thru shall be limited from 10:00 am to 10:00 pm
daily and operation of the interior of the store shall be limited from 10:00 am to 10:00 pm Sunday
through Thursday and from 10:00 am to 12:00 am Friday and Saturday; 12) Pavement markings of
the parking lot and parking/access areas on the AG 2 parcel shall be reviewed and approved by the
City Engineer; 13) Appropriate reciprocal access and parking easements shall be recorded between
the subject property and adjacent properties, with parking spaces to remain unassigned; 14) The
grease trap shall be located on the north side of the structure and sized in accordance with the “flow
size” method; 15) Condition of Approval #55 shall be reworded to replace “as-built plans” with
“record drawings”; 16) A warrant analysis shall be completed and provided to the City for review
prior to consideration of the project by the City Council; and 17) A solid six foot (6’) fence be
included on the western boundary of the project site to allow separation between the two properties.
Commissioner Schiro reaffirmed his second of the motion stood.
The motion passed on the following roll call vote:
AYES: Martin, Schiro, George, Mack
NOES: Fowler-Payne
ABSENT: None
The Commission took a break at 9:16 pm and reconvened at 9:25 pm.
8.b. CONSIDERATION OF CONDITIONAL USE PERMIT NO. 17-003; MIXED USE
DEVELOPMENT INCLUDING AN EXISTING OFFICE BUILDING AND CONSTRUCTION OF
TWENTY (20) AFFORDABLE APARTMENT UNITS WITH A COMMUNITY ROOM;
LOCATION – 224 AND 236 SOUTH HALCYON ROAD; APPLICANT – HOUSING
AUTHORITY OF SAN LUIS OBISPO (HASLO); REPRESENTATIVE – RRM DESIGN GROUP
Associate Planner Heffernon presented the staff report and recommended the Planning
Commission adopt a Resolution approving Conditional Use Permit 17-003. Associate Planner
Item 10.a. - Page 120
David Lord, PhD dl@45dB.com
Sarah Taubitz, MSME st@45dB.com
(805) 250-1566
P.O. Box 1406
San Luis Obispo
California 93406
March 5, 2018
Project 18016
Acoustics Assessment
Popeye’s Louisiana Kitchen
727 El Camino Real
Arroyo Grande, CA 93433
Requested by:
C.M.Florence, AICP
Principal Planner
OASIS ASSOCIATES, INC.
3427 Miguelito Court
San Luis Obispo, CA 93401
P: 805.541.4509
cmf@oasisassoc.org
1 Introduction
This sound level assessment is intended to determine the potential impact of on-site noise
associated with operations and patrons at the proposed Popeye’s Louisiana Kitchen and Drive-
thru order board. We have also studied the noise level reduction effectiveness of a proposed,
6-foot high masonry wall along the south boundary of the property.
The following topics are presented:
•The topographical relationship of on-site and off-site transportation noise sources in
relation to the single-story residences opposite the proposed project.
•Identification of noise sources and their characteristics, including predicted noise
levels at the exterior of the potentially sensitive residential land use to the south.
•Determination of ambient sound levels and mapping of sound level contours for
various scenarios, including speaker-post drive-thru ordering.
•Basis for the sound level prediction which is obtained from published data, the noise
attenuation measures to be applied, and an analysis of speaker board sound level
scenarios.
•Information on fundamentals of noise and vibration to aid in interpreting the report.
2 Project Location
The proposed project is located at 727 El Camino Real. Two hundred feet to the northeast,
Highway 101 southbound and northbound lanes are a significant transportation noise source.
The transportation sources surround the project site are:
U.S. Highway 101 N/S and Entrance Ramp 187B
El Camino Real to the northeast
N. Halcyon Road to the west
ATTACHMENT 8
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W. Branch Street, while distant, contributes additional noise
Bell Street, a less-significant source
Faeh Avenue, a minor source
N. Alpine Street, opposite the proposed ordering speaker post
The International Union of Operating Engineers building at 700 Faeh Avenue is a quiet
neighbor, however that building faces significant noise sources and reflects sound toward the
residences to the east along Faeh Avenue
Figure 1: Vicinity Map of Project Location, showing transportation noise sources
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Figure 2: Perspective view toward southeast, showing site before project
3 Regulatory Setting
Noise regulations are addressed by federal, state, and local government agencies, discussed
below. Local policies are generally adaptations of federal and state guidelines, adjusted to
prevailing local condition.
3.1 Federal Regulation
The adverse impact of noise was officially recognized by the federal government in the Noise
Control Act of 1972, which serves three purposes:
a) Promulgating noise emission standards for interstate commerce.
b) Assisting state and local abatement efforts.
c) Promoting noise education and research.
The Department of Transportation (DOT) assumes a significant role in noise control. Surface
transportation system noise is regulated by the Federal Transit Administration (FTA). Freeways
that are part of the interstate highway system are regulated by the Federal Highway
Administration (FHWA). For this project, the nearest airport and the nearest railroad line are
located far enough away that noise levels are not a factor at this site. Therefore, U.S. Highway
101 is the principal Federal noise source considered relevant for the analysis.
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3.2 State Regulation
California State Code Section 65302 mandates that the legislative body of each county and city
in California adopt a noise element as part of its comprehensive general plan. The local noise
element must recognize the land use compatibility guidelines published by the State Department
of Health Services. The guidelines rank noise land use compatibility in terms of normally
acceptable, conditionally acceptable, normally unacceptable, and clearly unacceptable.
3.3 Local Regulation
The City of Arroyo Grande General Plan, Noise Element provides regulation and guidelines
regarding noise. The Noise Element provides the conclusions, recommendations, and strategies
necessary to ensure an appropriately quiet and pleasurable interior environment for the residents
of the proposed project. Since the regulation of transportation noise sources such as roadway and
train traffic primarily fall under either State or Federal jurisdiction, the local jurisdiction
generally uses land use and planning decisions to limit locations or volumes of such
transportation noise sources, to avoid development within noise impact zones, or to shield
impacted receivers or sensitive receptors.
Figure 3: Land Use Noise Exposure Levels for New Developments, Arroyo Grande
Figure 4: Exterior Noise Level Standards, Arroyo Grande
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4 Sound Level Analysis
Highway 101 northbound/southbound lanes are the primary and dominant noise source for this
project, plus incremental additional noise from adjacent El Camino Real, nearby N. Halcyon
Road, disant Branch Street, and to a lesser extent Faeh Avenue, adjacent to the south.
4.1 Existing Outdoor Sound Level
The SoundPLAN / TNM noise model uses 2016 CalTrans traffic volume for Highway 101 to
obtain calculated Community Noise Equivalent (CNEL) noise levels across the site. Results are
returned as daytime, evening, nighttime hourly Leq values and CNEL 24-hour noise levels for
the project. The results are mapped as sound level contours on the following pages.
Figure 5: Traffic volume data used for noise model input
Figure 6: Project Vicinity with Existing Sound Level Contours
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Figure 7: CNEL dBA Sound Level Contours with Project building in place
4.2 Detailed Study of Drive-thru Speaker Order Area
In the drive-thru ordering sequence, the source of sound is the vehicles and the drive-thru
speaker system. Mounted on the speaker post, the speaker sound power level includes the order
taker’s voice. The speaker audio output must be loud enough to be clearly heard by the customer
over the noise of the customer’s vehicle, any local traffic and other ambient background noises in
the area.
However, if it is too loud, the sound may be objectionable to neighbors or even violate specific
regulations.
The base station speaker used in this project is equipped with a feature known as Automatic
Volume Control or “AVC” which can be used to reduce the outbound sound pressure level based
on ambient noise. When AVC is active, the speaker output sound level is reduced to a level that
is 15 dB above the ambient noise level at the speaker post microphone, and never increases in
level above what would be heard with AVC turned off.
This feature considerably reduces the Sound Pressure Level (SPL) during quiet periods and may
help in satisfying local requirements.
Sound levels are measured in units of dB SPL and include a frequency variable weight referred
to as “A Weighting”, referred to as dBA. The sound pressure level from a speaker decreases as
the distance away increases. However, it can be difficult to predict how much reduction will
actually occur in a real-world setting. For a single point sound source, the SPL drops
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approximately 6 dB for every doubling of the distance from the source. Thus, starting at one foot
away from the speaker, the level will be 36 dB lower at 64 feet away.
Buildings, automobiles, noise walls and street traffic will all affect the sound’s direction and
decay rate.
The speaker output sound level is never more than 15 dB above the ambient noise level at one
foot distance from the speaker. This is particularly beneficial at night when there is less traffic on
surrounding streets and fewer cars in the drive-thru. Because the speaker is adjusting sound level
continuously, it ensures that the output level is high enough to be heard by the customer
whatever the conditions may be.
As an example, if the ambient noise level is 47 dBA, the speaker adjusts output sound level to
approximately 62 dBA at a position about 1 ft from the speaker. Given this condition, the SPL
will be below the ambient noise level less than 20 ft away from the speaker post. The front
elevation of the nearest residence across Faeh Street at N. Alpine Road is 82 feet from the
speaker post. Speaker sounds will fall well below ambient sound level.
Since the speaker self-adjusts to the noise level measured at the speaker post, a noisy vehicle will
drive the output sound level up. Thus, the use of automatic volume control speakers will not
guarantee that the SPL is below any particular level for all vehicles or conditions. However, it
will keep the speaker output level from becoming excessively loud. Scenarios illustrated in the
following figures give a visual representation of speaker sound levels and attenuation over
distance.
Figure 8: Sound Level Contours, Drive-thru speaker ON
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Figure 9: 3D view to southeast. Sound Level Contours with speaker on
Figure 10: 3D view to southeast. Cross-section with speaker on
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Figure 11: Cross-section, NO speaker, showing cars and CMU Wall
Figure 12: Cross-section with Speaker ON, with car and CMU Wall
4.3 Future Outdoor Noise Level
The future CNEL sound pressure level (year 2038) across the site in all the previous scenarios
may increase approximately 1 dBA above existing sound levels modeled here, assuming that
continued future combustion-engine traffic growth of approximately one percent per year for
U.S. Highway 101 shall continue. If the alternative scenario of electric vehicles begins to
predominate, noise levels may diminish in the future.
5 Conclusion
Adusting for the elevated overall ambient noise level surrounding this site, the project is in
compliance with Arroyo Grande Exterior Noise Level Standards. The drive-thru Automatic
Volume Control speaker system coupled with the elevated ambient noise level and 6 ft. concrete
wall, means that the ordering board and queue for drive-thru will not be audible at the residences
located 80 feet to the south.
for 45dB Acoustics, LLC
A California Limited Liability Company
by David Lord, PhD
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6 Appendix
6.1 Terminology/Glossary
A-Weighted Sound Level (dBA)
The sound pressure level in decibels as measured on a sound level meter using the internationally
standardized A-weighting filter or as computed from sound spectral data to which A-weighting
adjustments have been made. A-weighting de-emphasizes the low and very high frequency
components of the sound in a manner similar to the response of the average human ear. A-
weighted sound levels correlate well with subjective reactions of people to noise and are
universally used for community noise evaluations.
Air-borne Sound
Sound that travels through the air, differentiated from structure-borne sound.
Ambient Sound Level
The prevailing general sound level existing at a location or in a space, which usually consists of a
composite of sounds from many sources near and far. The ambient level is typically defined by
the Leq level.
Background Sound Level
The underlying, ever-present lower level noise that remains in the absence of intrusive or
intermittent sounds. Distant sources, such as Traffic, typically make up the background. The
background level is generally defined by the L90 percentile noise level.
Community Noise Equivalent Level (CNEL)
The Leq of the A-weighted noise level over a 24-hour period with a 5 dB penalty applied to
noise levels between 7 p.m. and 10 p.m. and a 10 dB penalty applied to noise levels between 10
p.m. and 7 a.m. CNEL is similar to Ldn.
Day-Night Sound Level (Ldn)
The Leq of the A-weighted noise level over a 24-hour period with a 10 dB penalty applied to
noise levels between 10 p.m. and 7 a.m. Ldn is similar to CNEL.
Decibel (dB)
The decibel is a measure on a logarithmic scale of the magnitude of a particular quantity (such as
sound pressure, sound power, sound intensity) with respect to a reference quantity.
DBA or dB(A)
A-weighted sound level. The ear does not respond equally to all frequencies, but is less sensitive
at low and high frequencies than it is at medium or speech range frequencies. Thus, to obtain a
single number representing the sound level of a noise containing a wide range of frequencies in a
manner representative of the ear’s response, it is necessary to reduce the effects of the low and
high frequencies with respect to the medium frequencies. The resultant sound level is said to be
A-weighted, and the units are dBA. The A-weighted sound level is also called the noise level.
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Energy Equivalent Level (Leq)
Because sound levels can vary markedly in intensity over a short period of time, some method
for describing either the average character of the sound or the statistical behavior of the
variations must be utilized. Most commonly, one describes ambient sounds in terms of an
average level that has the same acoustical energy as the summation of all the time-varying
events. This energy-equivalent sound/noise descriptor is called Leq. In this report, an hourly
period is used.
Field Sound Transmission Class (FSTC)
A single number rating similar to STC, except that the transmission loss values used to derive the
FSTC are measured in the field. All sound transmitted from the source room to the receiving
room is assumed to be through the separating wall or floor-ceiling assembly.
Outdoor-Indoor Transmission Class (OITC)
A single number classification, specified by the American Society for Testing and Materials
(ASTM E 1332 issued 1994), that establishes the A-weighted sound level reduction provided by
building facade components (walls, doors, windows, and combinations thereof), based upon a
reference sound spectra that is an average of typical air, road, and rail transportation sources. The
OITC is the preferred rating when exterior façade components are exposed to a noise
environment dominated by transportation sources.
Percentile Sound Level, Ln
The noise level exceeded during n percent of the measurement period, where n is a number
between 0 and 100 (e.g., L10 or L90)
Sound Transmission Class (STC)
STC is a single number rating, specified by the American Society for Testing and Materials,
which can be used to measure the sound insulation properties for comparing the sound
transmission capability, in decibels, of interior building partitions for noise sources such as
speech, radio, and television. It is used extensively for rating sound insulation characteristics of
building materials and products.
Structure-Borne Sound
Sound propagating through building structure. Rapidly fluctuating elastic waves in gypsum
board, joists, studs, etc.
Sound Exposure Level (SEL)
SEL is the sound exposure level, defined as a single number rating indicating the total energy of
a discrete noise-generating event (e.g., an aircraft flyover) compressed into a 1-second time
duration. This level is handy as a consistent rating method that may be combined with other SEL
and Leq readings to provide a complete noise scenario for measurements and predictions.
However, care must be taken in the use of these values since they may be misleading because
their numeric value is higher than any sound level which existed during the measurement period.
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Subjective Loudness Level
In addition to precision measurement of sound level changes, there is a subjective characteristic
which describes how most people respond to sound:
A change in sound level of 3 dBA is barely perceptible by most listeners.
A change in level of 6 dBA is clearly perceptible.
A change of 10 dBA is subjectively perceived as being twice (or half) as loud.
6.2 Calculating CNEL
Housing and Urban Development (HUD) Code of Federal Regulations (CFR), Part 51
Environmental Criteria and Standards, along with Federal Highway Administration (FHWA)
guidelines are used for estimating CNEL values based on “design hour” traffic flow
measurement.
Highway projects receiving Federal aid are subject to noise analyses under the procedures of the
FHWA. Where such analyses are available they may be used to assess sites subject to the
requirements of this standard. The Federal Highway Administration employs two alternate sound
level descriptors (23 CFR 772.12):
(i) The A-weighted sound level not exceeded more than 10 percent of the time for the
highway design hour traffic flow, symbolized as L10; or
(ii) The equivalent sound level for the design hour, symbolized as Leq. The day-night
average sound level may be estimated from the design hour L10 or Leq values by the
following relationships, provided heavy trucks do not exceed 10 percent of the total
traffic flow in vehicles per 24 hours and the traffic flow between 10 p.m. and 7 a.m. does
not exceed 15 percent of the average daily traffic flow in vehicles per 24 hours:
(a) CNEL ≈ L10 (design hour) - 3 decibels
(b) CNEL≈ Leq (design hour) decibels
Existing highway traffic noise measurements are made to represent an hourly equivalent sound
level, Leq. Statistical accuracy requires a minimum measurement of approximately eight
minutes. Most highway agencies have automated measurement equipment and typically measure
15-minute time periods to represent the Leq. This is acceptable if unusual events do not occur
during the noisiest hour.
Measurements along low-volume highways may require longer measurement periods (e.g., 30-60
minutes) to attain desirable statistical accuracy. If information is not available to identify the
noisiest hour of the day or if there is public controversy at a specific location, 24-hour
measurements may be necessary.
The FHWA stipulates the use of noise meters with sufficient accuracy to yield valid data for the
particular project (ANSI S1.4-1983, TYPE II or better). The measurement procedure shall ensure
measurements have consistent and supportable validity. Traffic conditions, climatic conditions,
and land uses at the time of measurement shall be noted.
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6.3 Traffic Noise Model (TNM)
The Federal Highway Administration Traffic Noise Model (TNM) used for the sound level
analysis in this study, contains the following components:
1. Modeling of five standard vehicle types, including automobiles, medium trucks, heavy
trucks, buses, and motorcycles, as well as user-defined vehicles.
2. Modeling both constant- and interrupted-flow traffic using a field-measured data base.
3. Modeling effects of different pavement types, as well as the effects of graded
roadways.
4. Sound level computations based on a one-third octave-band data base and algorithms.
5. Graphically-interactive noise barrier design and optimization.
6. Attenuation over/through rows of buildings and dense vegetation.
7. Multiple diffraction analysis.
8. Parallel barrier analysis.
9. Contour analysis, including sound level contours, barrier insertion loss contours, and
sound-level difference contours.
These components are supported by a scientifically founded and experimentally calibrated
acoustic computation methodology, as well as a flexible data base, made up of over 6000
individual pass-by events measured at forty sites across the country.
6.4 SoundPLAN Acoustics Software
SoundPLAN, the software used for this acoustic analysis, is an acoustic ray-tracing program
dedicated to the prediction of noise in the environment. Noise emitted by various sources
propagates and disperses over a given terrain in accordance with the laws of physics. Worldwide,
governments and engineering associations have created algorithms to calculate acoustical
phenomena to standardize the assessment of physical scenarios. Accuracy has been validated to
be + / - 2.7 dBA with an 85% confidence level. SoundPLAN is compliant with TNM standards
described above.
The software calculates sound attenuation of environmental noise, even over complex terrain,
uneven ground conditions, and with complex obstacles. The modeling software calculates the
sound field in accordance with ISO 9613-2 “Acoustics - Attenuation of sound during
propagation outdoors, Part 2: General Method of Calculation.” This standard states that “this part
of ISO 9613 specifies an engineering method for calculating the attenuation of sound during
propagation outdoors, in order to predict the levels of environmental noise at a distance from a
variety of sources. The method predicts the equivalent continuous A-weighted sound pressure
level under meteorological conditions favorable to propagation from sources of known sound
emissions. These conditions are for downwind propagation under a well-developed moderate
ground-based temperature inversion, such as commonly occurs at night.”
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6.5 Characteristics of Sound
When an object vibrates, it radiates part of its energy as acoustical pressure in the form of a
sound wave. Sound can be described in terms of amplitude (loudness), frequency (pitch), or
duration (time). The human hearing system is not equally sensitive to sound at all frequencies.
Therefore, to approximate this human, frequency-dependent response, the A-weighted filter
system is used to adjust measured sound levels. The normal range of human hearing extends
from approximately 0 to 140 dBA. Unlike linear units such as inches or pounds, decibels are
measured on a logarithmic scale, representing points on a sharply rising curve. Because of the
physical characteristics of noise transmission and of noise perception, the relative loudness of
sound does not closely match the actual amounts of sound energy. Table 1 below presents the
subjective effect of changes in sound pressure levels.
Table 1: Sound Level Change Relative Loudness/Acoustic Energy Loss
0 dBA Reference 0%
-3 dBA Barely Perceptible Change 50%
-5 dBA Readily Perceptible Change 67%
-10 dBA Half as Loud 90%
-20 dBA 1/4 as Loud 99%
-30 dBA 1/8 as Loud 99.9%
Source: Highway Traffic Noise Analysis and Abatement Policy and Guidance,
U.S. Department of Transportation, Federal Highway Administration, Office of
Environment and Planning, Noise and Air Quality Branch, June 1995.
Sound levels are generated from a source and their decibel level decreases as the distance from
that source increases. Sound dissipates exponentially with distance from the noise source. This
phenomenon is known as spreading loss. Generally, sound levels from a point source will
decrease by 6 dBA for each doubling of distance. Sound levels for a highway line source vary
differently with distance because sound pressure waves propagate along the line and overlap at
the point of measurement. A closely spaced, continuous line of vehicles along a roadway
becomes a line source and produces a 3 dBA decrease in sound level for each doubling of
distance. However, experimental evidence has shown that where sound from a highway
propagates close to “soft” ground (e.g., plowed farmland, grass, crops, etc.), a more suitable
drop-off rate to use is not 3.0 dBA but rather 4.5 dBA per distance doubling (FHWA 2010).
When sound is measured for distinct time intervals, the statistical distribution of the overall
sound level during that period can be obtained. The Leq is the most common parameter
associated with such measurements. The Leq metric is a single-number noise descriptor that
represents the average sound level over a given period of time. For example, the L50 noise level
is the level that is exceeded 50 percent of the time. This level is also the level that is exceeded 30
minutes in an hour. Similarly, the L02, L08 and L25 values are the noise levels that are exceeded
2, 8, and 25 percent of the time or 1, 5, and 15 minutes per hour. Other values typically noted
during a noise survey are the Lmin and Lmax. These values represent the minimum and
maximum root-mean-square noise levels obtained over the measurement period.
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Because community receptors are more sensitive to unwanted noise intrusion during the evening
and at night, State law requires that, for planning purposes, an artificial dB increment be added to
quiet-time noise levels in a 24-hour noise descriptor called the CNEL or Ldn. This increment is
incorporated in the calculation of CNEL or Ldn, described earlier.
6.6 Evidence of Compliance
Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared
under the supervision of a person experienced in the field of acoustical engineering, with the
application for building permit. The report shall show topographical relationship of noise
sources and dwelling site, identification of noise sources and their characteristics, predicted noise
spectra at the exterior of the proposed dwelling structure considering present and future land
usage, basis for the prediction (measured or obtained from published data), noise attenuation
measures to be applied, and an analysis of the noise insulation effectiveness of the proposed
construction showing that the prescribed interior noise level requirements are met. If interior
allowable noise levels are met by requiring that windows be unopenable or closed, the design for
the structure must also specify the means that will be employed to provide ventilation and
cooling, if necessary, to provide a habitable interior environment.
References
1. American National Standards Institute, Inc. 2004. ANSI 1994 American National
Standard Acoustical Terminology. ANSI S.1.-1994, (R2004), New York, NY.
2. American Society for Testing and Materials. 2004. ASTM E 1014 - 84 (Reapproved
2000) Standard Guide for Measurement of Outdoor A-Weighted Sound Levels.
3. Bolt, Beranek and Newman. 1973. Fundamentals and Abatement of Highway Traffic
Noise, Report No. PB-222-703. Prepared for Federal Highway Administration.
4. California Department of Transportation (Caltrans). 1982. Caltrans Transportation
Laboratory Manual.
5. ______. 1998. Caltrans Traffic Noise Analysis Protocol for New Highway Construction
and Highway Reconstruction Projects
6. California Resources Agency. 2007. Title 14. California Code of Regulations Chapter 3:
Guidelines for Implementation of the California Environmental Quality Act Article 5.
Preliminary Review of Projects and Conduct of Initial Study Sections, 15060 to 15065.
7. City of Arroyo Grande, California, General Plan Noise Element.
8. FHWA Roadway Construction Noise Model User’s Guide Final Report. FHWA-HEP-05-
054 DOT-VNTSC-FHWA-05-01
9. Harris, Cyril M., editor. 1979 Handbook of Noise Control.
Item 10.a. - Page 135
INITIAL STUDY MITIGATED NEGATIVE DECLARATION
ATTACHMENT 9
October 2017
CUP 16-008; MER 16-001
Page 1 of 45
INITIAL STUDY/
MITIGATED NEGATIVE
DECLARATION
Conditional Use Permit 16-008
Lot Merger 16-001
727 El Camino Real
October 2017
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Project: Conditional Use Permit 16-008 & Lot Merger 16-001
Lead Agency: City of Arroyo Grande
Document Availability:
1. City of Arroyo Grande
Community Development Department
300 East Branch Street
Arroyo Grande, CA 93420
2. http://www.arroyogrande.org/
Project Description:
The proposed project involves the merger of ten (10) underlying lots for the development of an
approximately 3,150 square foot fast-food restaurant with a drive-thru (Popeye’s Louisiana Kitchen),
and associated improvements on an approximately 34,625 square foot parcel in the Highway Mixed Use
zoning district.
Summary Document Preparation:
Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the
City) has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for
the proposed project and finds that these documents reflect the independent judgment of the City. The
City, as lead agency, also confirms that the project mitigation measures detailed in these documents are
feasible and will be implemented as stated in the Mitigated Negative Declaration.
_________________________________ _____ __________________
Teresa McClish, AICP Date
Community Development Director
_________________________________ ____________
Matthew Downing, AICP Date
Planning Manager
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Table of Contents:
1. Introduction .............................................................................................................................................. 5
Introduction and Regulatory Guidance..................................................................................................... 5
Lead Agency .............................................................................................................................................. 5
Purpose and Document Organization ....................................................................................................... 5
Summary of Findings................................................................................................................................. 6
Revisions ................................................................................................................................................... 6
2. Project Description .................................................................................................................................... 7
Introduction .............................................................................................................................................. 7
Project Location ........................................................................................................................................ 7
Background and Need for Project ............................................................................................................. 7
Project Description.................................................................................................................................... 8
Required Public Agency Approvals ........................................................................................................... 8
Related Projects ........................................................................................................................................ 8
3. Environmental Checklist ........................................................................................................................... 9
Project Information ................................................................................................................................... 9
Environmental Factors Potentially Affected ........................................................................................... 10
Determination ......................................................................................................................................... 10
Evaluation of Environmental Impacts ..................................................................................................... 11
4. Environmental Issues .............................................................................................................................. 12
I. Aesthetics ............................................................................................................................................. 12
II. Agriculture and Forestry Resources .................................................................................................... 13
III. Air Quality .......................................................................................................................................... 14
IV. Biological Resources .......................................................................................................................... 18
V. Cultural Resources .............................................................................................................................. 18
VI. Geology and Soils ............................................................................................................................... 20
VII. Greenhouse Gas Emissions ............................................................................................................... 21
VIII Hazards and Hazardous Materials .................................................................................................... 24
IX Hydrology and Water Quality ............................................................................................................. 25
X. Land Use and Planning ........................................................................................................................ 28
XI. Mineral Resources ............................................................................................................................. 28
XII. Noise ................................................................................................................................................. 29
XIII. Population and Housing ................................................................................................................... 30
XIV. Public Services ................................................................................................................................. 31
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XV. Recreation ......................................................................................................................................... 31
XVI. Transportation/Traffic ..................................................................................................................... 32
XVII. Tribal Cultural Resources ................................................................................................................ 34
XVIII. Utilities and Service Systems ......................................................................................................... 35
5. Mandatory Findings of Significance ........................................................................................................ 37
6. Summary of Mitigation Measures .......................................................................................................... 38
7. References .............................................................................................................................................. 44
Documents & Maps ................................................................................................................................ 45
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1. Introduction
Introduction and Regulatory Guidance
The Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo
Grande (the City) to evaluate the potential environmental effects of the proposed project. This
document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public
Resources Code §21000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR)
§15000 et seq.
An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on
the environment [CEQA Guidelines §15063(a)]. If there is substantial evidence that a project may have a
significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in
accordance with CEQA Guidelines §15064(a). However, if the lead agency determines that revisions in
the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant
effects to a less-than-significant level, a Mitigated Negative Declaration may be prepared instead of an
EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons
a proposed project would not have a significant effect on the environment and, therefore, why an EIR
need not be prepared. This IS/MND conforms to the content requirements under CEQA Guidelines
§15071.
Lead Agency
The lead agency is the public agency with primary approval authority over the proposed project. In
accordance with CEQA Guidelines §15051(b)(1), "the lead agency will normally be an agency with
general governmental powers, such as a city or county, rather than an agency with a single or limited
purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for
the lead agency is:
Matthew Downing, AICP
Planning Manager
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
T: (805) 473-5420
E: mdowning@arroyogrande.org
Purpose and Document Organization
The purpose of this document is to evaluate the potential environmental effects of the proposed
project. Mitigation measures have been identified and incorporated into the project to eliminate any
potentially significant impacts or reduce them to a less-than-significant level.
This document is organized as follows:
1. Introduction
This chapter provides an introduction to the project and describes the purpose and organization
of this document.
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2. Project Description
This chapter describes the background and scope of the project, scope of the project, all
proposed project components, and identifies project objectives.
3. Environmental Checklist
This chapter summarizes the project and the environmental issues to be considered, and
describes the process for evaluation of environmental impacts.
4. Environmental Setting, Potential Impacts and Mitigation Measures
This chapter explains the environmental setting for each environmental issue area, identifies the
significance of potential environmental impacts, and evaluates the potential impacts identified
in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are incorporated,
where appropriate, to reduce potentially significant impacts to a less-than- significant level.
5. Mandatory Findings of Significance
This chapter identifies and summarizes the overall significance of any potential impacts to
natural and cultural resources, cumulative impacts, and impact to humans, as identified in the
Initial Study.
6. Summary of Mitigation Measures
This chapter summarizes the mitigation measures incorporated into the project as a result of the
Initial Study.
7. References
This chapter identifies the references and sources used in the preparation of this IS/MND. It also
provides a list of those involved in the preparation of this document.
Summary of Findings
Section 3 of this document contains the Environmental (Initial Study) Checklist that identifies the
potential environmental impacts (by environmental issue) and a brief discussion of each impact resulting
from implementation of the proposed project.
In accordance with §15064(f) of the CEQA Guidelines, a Mitigated Negative Declaration shall be
prepared if the proposed project will not have a significant effect on the environment after the inclusion
of mitigation measures in the project. Based on the available project information and the
environmental analysis presented in this document, there is no substantial evidence that, after the
incorporation of mitigation measures, the proposed project would have a significant effect on the
environment. It is proposed that a Mitigated Negative Declaration be adopted in accordance with the
CEQA Guidelines.
Revisions
None.
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2. Project Description
Introduction
This Initial Study/Mitigated Negative Declaration (IS/MND) has been prepared by the City of Arroyo
Grande (the City) to evaluate the potential environmental effects of the proposed project. The project
site is located along El Camino Real, at the northwest corner of the El Camino Real, Faeh Avenue, and
Bell Street intersection. The project site consists of ten (10) lots totaling approximately 34,625 square
feet. These lots are proposed to be merged into a single parcel to accommodate the project. The site is
surrounded on all sides by existing development: single-family residential to the south, commercial
development to the west and north, and US Highway 101 to the east.
Project Location
The project site is located within the City of Arroyo Grande, San Luis Obispo County, California. The
project site is bounded by El Camino Real to the east and Faeh Avenue to the south as shown in the map
below.
Background and Need for Project
The City’s General Plan and Development Code provide for a mix of commercial uses in the Highway
Mixed-Use zoning district of Arroyo Grande. The proposed project will merge ten (10) underlying lots for
the development of a new fast-food restaurant with a drive-thru on a commercially zoned property that
is currently vacant.
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Project Description
The proposed project involves the merger of ten (10) underlying lots into a single lot for the
development of an approximately 3,150 square foot fast-food restaurant with a drive-thru (Popeye’s
Louisiana Kitchen) and associated improvements on resulting parcel of approximately 34,625 square
feet in the Highway Mixed Use zoning district
Required Public Agency Approvals
No other public agency approvals are required for the proposed project.
Related Projects
The proposed project is not related to any other past, present, or future planned projects.
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3. Environmental Checklist
Project Information
Project Title: Conditional Use Permit 16-008 and Lot Merger 16-
001
Lead Agency Name & Address: City of Arroyo Grande
300 East Brach Street
Arroyo Grande, CA 93420
Contact Person & Telephone Number: Matthew Downing, AICP
Planning Manager
(805) 473-5420
Project Location: 737 El Camino Real (northwest corner of El Camino
Real, Faeh Avenue, and Bell Street intersection),
Arroyo Grande, California
Project Sponsor Name & Address: Nick Amirian
ELA Foods, Inc.
1451 Cordova Avenue
Glendale, CA 91207
General Plan Designation: Mixed-Use (MU)
Zoning: Highway Mixed-Use (HMU)
Description of Project: Refer to page 8
Surrounding Land Uses & Setting: The project site is surrounded by commercial and
residential land uses and Highway 101
Approval Required from Other Public Agencies: None
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Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following
pages:
Aesthetics Agricultural Resources Air Quality
Biological Resources Cultural Resources Geology/Soils
Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology/Water Quality
Land Use/Planning Mineral Resources Noise
Population/Housing Public Services Recreation
Transportation/Traffic Tribal Cultural Resources Utilities/Service Systems
Mandatory Findings of Significance
Determination
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
I find that, although the original scope of the proposed project COULD have had a significant
effect on the environment, there WILL NOT be a significant effect because revisions/mitigations
to the project have been made by or agreed to by the applicant. A MITIGATED NEGATIVE
DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment and an
ENVIRONMENTAL IMPACT REPORT or its functional equivalent will be prepared.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated impact" on the environment. However, at least one impact has
been adequately analyzed in an earlier document, pursuant to applicable legal standards, and
has been addressed by mitigation measures based on the earlier analysis, as described in the
report's attachments. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze
only the impacts not sufficiently addressed in previous documents.
I find that, although the proposed project could have had a significant effect on the
environment, because all potentially significant effects have been adequately analyzed in an
earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or
mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than-
significant level and no further action is required.
_________________________________ ________________________________
Matthew Downing, AICP Date
Planning Manager
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Evaluation of Environmental Impacts
1. A brief explanation is required for all answers, except "No Impact", that are adequately
supported by the information sources cited. A "No Impact" answer is adequately supported if
the referenced information sources show that the impact does not apply to the project being
evaluated (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on general or project-specific factors (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must consider the whole of the project-related effects, both direct and indirect,
including off-site, cumulative, construction, and operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, the checklist
answers must indicate whether that impact is potentially significant, less than significant with
mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is
sufficient evidence that a substantial or potentially substantial adverse change may occur in any
of the physical conditions within the area affected by the project that cannot be mitigated
below a level of significance. If there are one or more "Potentially Significant Impact" entries, an
Environmental Impact Report (EIR) is required.
4. A "Mitigated Negative Declaration" (Negative Declaration: Less Than Significant with Mitigation
Incorporated) applies where the incorporation of mitigation measures, prior to declaration of
project approval, has reduced an effect from "Potentially Significant Impact" to a "Less Than
Significant Impact with Mitigation." The lead agency must describe the mitigation measures and
briefly explain how they reduce the effect to a less than significant level.
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR (including a General Plan) or
Negative Declaration [CCR, Guidelines for the Implementation of CEQA, § 15063(c)(3)(D)].
References to an earlier analysis should:
a) Identify the earlier analysis and state where it is available for review.
b) Indicate which effects from the environmental checklist were adequately analyzed in the
earlier document, pursuant to applicable legal standards, and whether these effects were
adequately addressed by mitigation measures included in that analysis.
c) Describe the mitigation measures in this document that were incorporated or refined from
the earlier document and indicate to what extent they address site-specific conditions for
this project.
6. Lead agencies are encouraged to incorporate references to information sources for potential
impacts into the checklist or appendix (e.g., general plans, zoning ordinances, biological
assessments). Reference to a previously prepared or outside document should include an
indication of the page or pages where the statement is substantiated.
7. A source list should be appended to this document. Sources used or individuals contacted
should be listed in the source list and cited in the discussion.
8. Explanation(s) of each issue should identify:
a) the criteria or threshold, if any, used to evaluate the significance of the impact addressed by
each question; and
b) the mitigation measures, if any, prescribed to reduce the impact below the level of
significance.
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4. Environmental Issues
I. Aesthetics
Environmental Setting
The project site is currently a vacant commercial parcel vegetated with ruderal species. The El Camino
Real frontage has been previously improved with ten (10) Park & Ride spaces and curb, gutter, and
sidewalk improvements.
The vacant property is relatively flat and is visible from US Highway 101 to the north and residential
development to the south. Development of the site with an approximately 3,150 square foot fast-food
restaurant with drive-thru will minimally alter the view shed from these vantage points.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse affect on a scenic vista?
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in
the area?
Discussion
a-b: The project site and its vicinity do not include scenic vistas nor does it include other scenic
resources. No impact.
c: The project site is currently vacant, and any construction would impact the current aesthetic of the
parcel. However, the project site is located adjacent to an existing commercial building and therefore
any impact to the existing visual character of the site would be minimal. The proposed project will
include hedges and landscaping to help screen site improvements and further minimize the impact on
the existing visual character. Additionally, the City’s Architectural Review Committee has considered the
project’s architecture, with special attention given to the massing and exterior materials and colors, and
found that the proposed development is appropriate for the commercial parcel and the proposed use.
Less than significant.
d: The project would include new light sources by way of exterior building lights, sign illumination, and
parking lot lighting, similar to the commercial developments on adjoining sites to the west and north.
However, these new light sources will be shielded, downcast, and within appropriate illumination levels,
in compliance with the Development Code. Therefore, any impact associated with a new source of light
would be minimal. Less than significant.
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II. Agriculture and Forestry Resources
Environmental Setting
The U.S. Department of Agriculture Natural Resources Conservation Service (NRCS) classifies agricultural
lands into five (5) categories: Prime Farmland, Farmland of Statewide Importance, Unique Farmland,
Farmland of Local Importance, and Farmland of Local Potential. Non-farmlands are classified as Grazing
Land, Urban and Built-Up Land, Other Land, or Water. The project site is classified as “Urban and Built-
Up Land” based on the California Department of Conservation’s (CDOC) Farmland Mapping and
Monitoring Program (FMMP) and San Luis Obispo County Important Farmland Map (CDOC 2014).
The Agriculture, Conservation, and Open Space Element of the City’s General Plan identifies the
importance of avoiding and/or mitigating for the loss of prime farmland soils and of conserving non-
prime agriculture uses and natural resource lands. The City’s policies also recognize the importance of
allocation and conservation of ground and surface water resources for agricultural uses and the need to
minimize potential urban and fringe area development that would divert such resources away from
agricultural uses.
The project site is not designated or zoned for ag use nor is it near land zoned for ag use.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220)g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned
Timberland Production (as defined by Government
Code section 51104(g))?
d) Result in the loss of forest land or conversion of
forest land to non-forest use?
e) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland to non-agricultural use?
* In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model (1997), prepared by the California Department of
Conservation as an optional model for use in assessing impacts on agricultural and farmland.
Discussion
a-e: No impacts.
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III. Air Quality
Environmental Setting
San Luis Obispo County is part of the South Central Coast Air Basin, which also includes Santa Barbara
and Ventura Counties. The climate of the basin area is strongly influenced by its proximity to the Pacific
Ocean. Airflow around and within the basin plays an important role in the movement and dispersion of
pollutants. The speed and direction of local winds are controlled by the location and strength of the
Pacific Ocean high pressure system and other global weather patterns, topographical factors, and
circulation patterns that result from temperature differences between the land and the sea.
The San Luis Obispo County Air Pollution Control District (APCD) has developed and updated their CEQA
Air Quality Handbook (APCD 2012) to evaluate project-specific impacts and help determine if air quality
mitigation measures are needed, or if potentially significant impacts could result. To evaluate long-term
emissions, cumulative effects, and establish countywide programs to reach acceptable air quality levels,
the APCD has prepared and adopted a Clean Air Plan.
The County’s air quality is measured by multiple ambient air quality monitoring stations, including four
APCD-operated permanent stations, two state-operated permanent stations, two special stations, and
one station operated by Tosco Oil Refinery for monitoring Sulfur Dioxide (SO2) emissions.
San Luis Obispo County is in non-attainment status for ozone (O3), respirable particulate matter (PM10)
and vinyl chloride under the California Air Resource Board (CARB) standards. The county is in attainment
status for all other applicable CARB standards.
The project site is not located within an area identified as having a potential for Naturally Occuring
Asbestos (NOA) to occur based on the APCD’s NOA Map (APCD 2017).
Some land uses are considered more sensitive to changes in air quality than others, depending on the
population groups and the activities involved. The CARB has identified the following typical groups who
are most likely to be affected by air pollution: children under 14 years of age, the elderly over 65 years
of age, athletes, and people with cardiovascular and chronic respiratory diseases. Sensitive receptors
include residences, schools, playgrounds, childcare centers, athletic facilities, long-term health care
facilities, rehabilitation centers, convalescent centers, and retirement homes. Sensitive receptors near
the project area include nearby residences to the south of the project site.
The proposed project will construct a new 3,150 square foot fast food restaurant with drive-thru, which
individually does not exceed the threshold of significance in the APCD’s CEQA Air Quality Handbook
(2012). However, given that the site is in close proximity to sensitive receptors (residential
development), mitigation is required to reduce potential air quality impacts during construction.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Conflict with or obstruct implementation of the
applicable air quality plan?
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation?
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c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial
number of people?
* Where available, the significance criteria established by the applicable air quality management or air pollution control district
may be relied on to make these determinations.
Discussion
a-d: Operational impacts of the proposed project will likely be less than significant when typical
mitigation measures are included in the project. The proposed project will also generate short-term
emissions during construction. Implementation of the following mitigation measures will reduce these
impacts to a less than significant level. Less than significant with mitigation
MM AQ-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California
Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles
with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California based vehicles. In general the regulation
specifies that drivers of said vehicles:
Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any
location.
Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater that 5 minutes at any location when within 1,000 feet of a
restricted area.
MM AQ-2: Off-road diesel equipment shall comply with the 5-minute idling restriction
identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off-Road Diesel
regulation.
MM AQ-3: Signs must be posted in the designated queuing areas and job sites to remind drivers
and operators of the State’s 5 minute idling limit.
MM AQ-4: The project shall comply with these more restrictive requirements to minimize
impacts to nearby sensitive receptors (adjacent residential development):
Staging at queuing areas shall not be located within 1,000 feet of sensitive receptors;
Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
Use of alternative fueled equipment is recommended; and
Signs that specify no idling areas must be posted and enforced at the site.
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MM AQ-5: The project shall implement the following mitigation measures to manage nitrogen
oxide (NOX), reactive organic cases (ROG), and diesel particulate matter (DPM) emissions:
Maintain all construction equipment in propert tune according to manufacturer’s
specifications;
Fuel all off-road and portable diesel powered equipment with ARB 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-raod 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 eligibile by proving alternative compliance;
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.
MM AQ-6: The project shall implement the following mitigation measures to manage fugitive
dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or
prompt nuisance violations (APCD Rule 402):
Reduce the amount of the disturbed area where possible;
Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater
than 3 minutes in any 60 minute period. Increased watering frequency would be
required when wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be
used;
All dirt stock pile areas should be sprayed daily and covered with tarps or other dust
barriers as needed;
Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be shown with a fast germinating, non-invasive, grass seed
and watered until vegetation is established;
All disturbed soil areas not subject to revegetation should 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 should
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23.114;
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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 shall be used with reclaimed water should be used where
feasible. Roads shall be pre-wetted prior to sweeping when feasible;
A listing of all required mitigation measures should be included on grading and building
plans; and,
The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below the APCD's limit of 20%
opacity for greater than 3 minutes in any 60 minute period. Their duties shall include
holidays and weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD Compliance Division
prior to the start of any grading, earthwork or demolition.
MM AQ-7: Prior to the start of the project, the applicant shall obtain all necessary permits for
equipment to be used during construction by contacting the APCD Engineering Division at (805)
781-5912.
MM AQ-8: Burning of vegetative material on the development site shall be prohibited.
MM AQ-9: Should hydrocarbon-contaminated soil be encountered during construction
activities, the APCD shall be notified within forty-eight (48) hours of such contaminated soil
being discovered to determine if an APCD permit is required. In addition, the following
measures shall be implemented immediately after contaminated soil is discovered:
Covers on storage piles shall be maintained in place at all times in areas not actively
involved in soil addition or removal.
Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH – non-permeable barrier such as plastic tarp. No
headspace shall be allowed where vapors could accumulate.
Covered piles shall be designed in such a way as to eliminate erosion due to wind or
water. No openings in the covers are permitted.
During soil excavation, odors shall not be evident to such a degree as to cause a public
nuisance.
Clean soil must be segregated from contaminated soil.
MM AQ-10: The project shall implement a minimum of eight (8) Standard Mitigation Measures
as stated in Table 3-5 of the APCD’s 2012 CEQA Handbook.
e: The proposed project would construct a new fast-food restaurant. Restaurants are not classified as
an odor generating facility within Table 3-3 of the SLO County APCD CEQA Air Quality Handbook.
Therefore, the proposed project would not be anticipated to create significant levels of odors under
CEQA. Less than significant
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IV. Biological Resources
Environmental Setting
The site is mostly devoid of flora and fauna apart from ruderal species. Existing development on three
(3) sides of the project site precludes its use as a wildlife corridor.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Have a substantial adverse effect, either directly or
through habitat modification, on any species identified
as a sensitive, candidate, or special status species in
local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or the
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or the
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on federally
protected wetlands, as defined by §404 of the Clean
Water Act (including, but not limited to, marsh, vernal
pool, coastal, etc.) through direct removal, filling,
hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Discussion
a-f: No impacts.
V. Cultural Resources
Environmental Setting
This section is largely based on the Cultural Resources Survey prepared for the project (Central Coast
Archaeological Research Consultants 2017). The earliest inhabitants of Arroyo Grande Valley were the
northern or Obispeno Chumash Indians. Given the long history of the Chumash occupying this region,
many archaeological sites have been identified within the City limits, including sites within one-half mile
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of the project site. The property has been previously graded, making it less likely that cultural resources
are present on the site. Nevertheless, isolated archaeological materials could still be present given the
extensive history of Chumash Indians inhabiting this area.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial adverse change in the
significance of a historical resource as defined in §
15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
§ 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic
feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries?
Discussion
a. No impact.
b-d: The Cultural Resources Survey stated that through archival research, previous studies, and an
intensive archaeological survey of the site, no cultural resources were identified. As a precaution, if
cultural resources are encountered during the construction process, development activities at the site
shall cease until a qualified archaeologist has been employed to view and assess the discovery and
prepare a mitigation plan. Implementation of the following mitigation measures will reduce these
impacts to a less than significant level. Less than significant with mitigation.
MM CUL-1: If a potentially significant cultural resource is encountered during subsurface
earthwork activities, all construction activities within a 100-foot radius of the find shall cease
until a qualified archaeologist determines whether the uncovered resource requires further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously undiscovered
resources found during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of California
Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts;
fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shall prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data
for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the appropriate Information Center
and provide for the permanent curation of the recovered materials.
MM CUL-2: If human remains are encountered during earth-disturbing activities, all work in the
adjacent area shall stop immediately and the San Luis Obispo County Coroner’s office shall be
notified. If the remains are determined to be Native American in origin, the Native American
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Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be
consulted for recommendations for treatment of the discovered remains.
VI. Geology and Soils
Environmental Setting
The proposed project is located within the Coast Ranges province, which is characterized by its many
elongate mountain ranges and valleys, extending 600 miles along the coast of California from the
Oregon border south to the Santa Ynez River in Santa Barbara County. The Arroyo Grande Valley (and
the southern Cienega Valley portion) is located near the intersection of the California coastal ranges and
the Los Angeles ranges.
The project site encompasses an urban area that is generally flat within the city of Arroyo Grande at
elevations ranging from 75 to 100 feet above mean sea level.
Arroyo Grande is located in a geologically complex and seismically active region. Seismic, or earthquake-
related, hazards have the potential to result in significant public safety risks and widespread property
damage. Two of the direct effects of an earthquake include the rupture of the ground surface along the
trend or location of a fault, and ground shaking that results from fault movement. Other geologic
hazards that may occur in response to an earthquake include liquefaction, seismic settlement, and
landslide.
The main trace of the Wilmar Avenue Fault is the closest fault to the project site. According to the City’s
General Plan, the Wilmar Avenue Fault is a potentially active fault adjacent to the City of Arroyo Grande.
The Wilmar Avenue Fault is exposed in a sea cliff in Pismo Beach, and the buried trace of the fault is
inferred to strike northwest-southeast parallel and adjacent to US 101 beneath portions of Arroyo
Grande. This potentially active fault poses a moderate potential fault rupture hazard to the City.
Near surface soils generally consist of silty sand to a depth of 3 feet in a very moist and loose state. Sub-
surface materials consisted of silty sand in a moist and dense condition.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map, issued by the State
Geologist for the area, or based on other
substantial evidence of a known fault? (Refer to
Division of Mines and Geology Special Publication
42.)
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable, as a result of the
project and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soil, as defined in Table 18-
1-B of the Uniform Building Code (1994), creating
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste disposal
systems, where sewers are not available for the
disposal of waste water?
Discussion
a, c: A geotechnical investigation of the project site was performed by GeoSolutions Inc. (2017). This
investigation concluded that the project site is suitable for the proposed project if the recommendations
contained in the investigation are incorporated into the project plans and specifications. Less than
significant.
b, d-e: No impacts.
VII. Greenhouse Gas Emissions
Environmental Setting
GHGs are any gases that absorb infrared radiation in the atmosphere, and are different from the criteria
pollutants discussed in Section III, Air Quality, above. The primary GHGs that are emitted into the
atmosphere as a result of human activities are carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O),
and fluorinated gases. These are most commonly emitted through the burning of fossil fuels (i.e., oil,
natural gas, and coal), agricultural practices, decay of organic waste in landfills, and a variety of other
chemical reactions and industrial processes (e.g., the manufacturing of cement).
CO2 is the most abundant GHG and is estimated to represent approximately 80–90% of the principal
GHGs that are currently affecting the earth’s climate. According to the CARB, transportation (vehicle
exhaust) and electricity generation are the main sources of GHG in the state.
The passage of Assembly Bill (AB) 32, the California Global Warming Solutions Act, in 2006 recognized
the need to reduce GHG emissions and set the GHG emissions reduction goal for the State of California
into law. The law required that by 2020, state emissions must be reduced to 1990 levels. This is to be
accomplished by reducing GHG emissions from significant sources via regulation, market mechanisms,
and other actions. Subsequent legislation (e.g., Senate Bill [SB] 97, Greenhouse Gas Emissions bill)
directed the CARB to develop statewide thresholds.
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In March 2012, the APCD approved thresholds for GHG emission impacts, and these thresholds have
been incorporated into the APCD’s CEQA Air Quality Handbook. APCD determined that a tiered process
for land use development projects was the most appropriate and effective approach for assessing the
GHG emission impacts. The tiered approach includes three methods, any of which can be used for any
given project:
1. Qualitative GHG Reduction Strategies (e.g., Climate Action Plans): A qualitative
threshold that is consistent with AB 32 Scoping Plan measures and goals; or,
2. Bright-Line Threshold: A numerical value to determine the significance of a project’s
annual GHG emissions; or,
3. Efficiency-Based Threshold: Assesses the GHG impacts of a project on an emissions per
capita basis.
The City of Arroyo Grande adopted a Climate Action Plan (CAP) on November 26, 2013. The City’s CAP is
a long-range plan to reduce GHG emissions from City government operations and community activities
within Arroyo Grande and prepare for the anticipated effects of climate change. To achieve the state-
recommended target of 15% below 2005 levels (71,739 metric tons of CO2 equivalent [MT CO2e]) by
2020 and prepare for the anticipated effects of climate change, the CAP identifies climate action
measures. Collectively, the measures identified in the CAP have the potential to reduce GHG emissions
within Arroyo Grande by 5,371 MT CO2e (17% below the 2005 baseline) by 2020 and meet the reduction
target.
For most projects, the Bright-Line Threshold of 1,150 MT CO2e per year (MT CO2e/yr) will be the most
applicable threshold. In addition to the land use development threshold options proposed above, a
bright-line numerical value threshold of 10,000 MT CO2e/yr was adopted for stationary source
(industrial) projects.
It should be noted that projects that generate less than the above-mentioned thresholds will also
participate in emission reductions because air emissions, including GHGs, are under the purview of the
CARB (or other regulatory agencies) and will be “regulated” by CARB, the federal government, or other
entities. For example, new vehicles will be subject to increased fuel economy standards and emission
reductions, large and small appliances will be subject to more strict emissions standards, and energy
delivered to consumers will increasingly come from renewable sources. Other programs that are
intended to reduce the overall GHG emissions include Low Carbon Fuel Standards, Renewable Portfolio
standards, and the Clean Car standards. As a result, even the emissions that result from projects that
produce fewer emissions than the threshold will be subject to emission reductions.
Under CEQA, an individual project’s GHG emissions will generally not result in direct significant impacts.
This is because the climate change issue is global in nature. However, an individual project could be
found to contribute to a potentially significant cumulative impact. Projects that have GHG emissions
above the noted thresholds may be considered cumulatively considerable and require mitigation.
The project site is located adjacent to existing residential and commercial developments as well as to
Highway 101.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant effect on the
environment?
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of
greenhouse gases?
Discussion
a: The San Luis Obispo Air Pollution Control District (APCD) has adopted GHG significance thresholds.
These thresholds are based on AB 32 GHG emission reduction goals, which take into consideration the
emission reduction strategies outlined in the Air Resource Board’s Scoping Plan. The GHG significance
thresholds include one (1) qualitative threshold and two (2) quantitative thresholds options for
evaluation of operational GHG emissions. The qualitative threshold option is based on a consistency
analysis in comparison to a Qualified Greenhouse Gas Reduction Strategy, or equitably similar adopted
policies, ordinances and programs. If a project complies with a Qualified Greenhouse Gas Reduction
Strategy that is specifically applicable to the project, then the project would be considered less than
significant. The City’s Climate Action Plan was developed to be consistent with CEQA Guidelines Section
15183.5(b) to mitigate emissions and climate change impacts and therefore serves as a Qualified GHG
Reduction Strategy for the City.
As previously stated, under CEQA, an individual project’s GHG emissions will generally not result in
direct significant impacts because the climate change issue is global in nature. However, an individual
project could be found to contribute to a potentially significant cumulative impact. APCD has
established mitigation measures to reduce project-level GHG emissions, which are consistent with the
City’s Climate Action Plan. Implementation of the following mitigation measure will reduce this impact
to a less than significant level. Less than significant with mitigation.
MM GHG-1: Prior to issuance of a building permit, all construction plans shall incorporate the
following GHG-reducing measures where applicable:
Incorporate outdoor electrical outlets to encourage the use of electric appliances and
tools.
Trusses for south-facing portions of roofs shall be designed to handle dead weight loads
of standard solar-heated water and photovoltaic panels. Roof design shall include
sufficient south-facing roof surface, based on structures size and use, to accommodate
adequate solar panels. For south facing roof pitches, the closest standard roof pitch to
the ideal average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements. Measures used
to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of buildings to
reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient, recycled, and
sustainable) available locally if possible.
Install high efficiency heating and cooling systems.
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Design homes to include roof overhangs that are sufficient to block the high summer
sun, but not the lower winter sun, from penetrating south facing windows (passive solar
design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Star®).
Utilize double-paned windows.
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPA/DOE Energy Star®
rating to reduce summer cooling needs.
Eliminate high water consumption landscaping with emphasis on native plants.
b: The project as proposed does not conflict with any regional or local plans or regulations adopted for
the purpose of reducing greenhouse gas emissions. Less than significant.
VIII Hazards and Hazardous Materials
Environmental Setting
The information in this section relies on the Phase I Environmental Site Assessment (ISA) prepared for
the proposed project (Geosolutions, Inc. 2017).
No clean-up sites are identified within the project area according to the sources identified in the ISA.
The project site does not contain hazardous waste and there is no evidence of Underground Storage
Tanks (UST), pits, sumps, clarifiers, or other potential hazardous material conditions that might impact
the underlying soil or groundwater. Only household trash was observed at the site and consisted of
plastic, glass, paper, and metal.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and/or accident conditions involving the release of
hazardous materials, substances, or waste into the
environment?
c) Emit hazardous emissions or handle hazardous or
acutely hazardous materials, substances, or waste
within one-quarter mile of an existing or proposed
school?
d) Be located on a site which is included on a list of
hazardous materials sites, compiled pursuant to
Government Code §65962.5, and, as a result, create a
significant hazard to the public or environment?
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
e) Be located within an airport land use plan or, where
such a plan has not been adopted, within two miles of
a public airport or public use airport? If so, would the
project result in a safety hazard for people residing or
working in the project area?
f) Be located in the vicinity of a private airstrip? If so,
would the project result in a safety hazard for people
residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury, or death from wildland fires, including
areas where wildlands are adjacent to urbanized areas
or where residences are intermixed with wildlands?
Discussion
a-h: No impacts.
IX Hydrology and Water Quality
Environmental Setting
The project site is vacant, was previously graded in areas, and is covered with a mix of weeds. Existing
soils are varying shades of brown silty sand.
The project site is located within the Arroyo Grande Creek watershed, a coastal basin with headwaters
that originate at approximately 3,100 feet above mean sea level and eventually drain to the Pacific
Ocean. Arroyo Grande Creek drains the 157-square-mile watershed and is the dominant surface water
feature in the city. Flows in the creek are dominated by two factors: winter rains and Lopez Dam. Arroyo
Grande Creek is included on the Section 303(d) list of impaired waterbodies for elevated concentrations
of fecal coliform and Escherichia coli (E. coli).
The project site will be required to construct on site facilities to comply with post construction
stormwater requirements. Low-impact development (LID) techniques are required to be implemented
by the Central Coast Regional Water Quality Control Board (RWQCB) and will act to filter drainage water.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Violate any water quality standards or waste
discharge requirements?
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b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge,
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater table
level (e.g., the production rate of pre-existing nearby
wells would drop to a level that would not support
existing land uses or planned uses for which permits
have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, in a manner which would
result in substantial on- or off-site erosion or siltation?
d) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in on- or off-site flooding?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
f) Substantially degrade water quality?
g) Place housing within a 100-year flood hazard area,
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map, or other flood hazard
delineation map?
h) Place structures that would impede or redirect flood
flows within a 100-year flood hazard area?
i) Expose people or structures to a significant risk of
loss, injury, or death from flooding, including flooding
resulting from the failure of a levee or dam?
j) Result in inundation by seiche, tsunami, or mudflow?
Discussion
a, c-e: Development of the previously undeveloped property will result in an increase in the amount of
impervious surface area. Post Construction Stormwater Requirements (PCSRs) have been developed for
the project to provide the required retention volume and the usage of Low LID standards for a 95th
percentile design storm event. These include biofiltration and underground clarifiers and storage tanks.
Less than significant impact.
b. The anticipated increase in water consumption by the project will result from the new fast-food
restaurant. The property is zoned commercial and water use projections and supplies for this property
have already been included within the Water Master Plan. Less than significant impact.
f: The State Water Quality Control Board requires municipalities, via the National Pollutant Discharge
Elimination System (NPDES) Permit, to minimize negative impacts on aquatic ecosystems and
degradation of water quality to the maximum extent practicable. Permittees must implement Best
Management Practices (BMPs) that reduce pollutants in storm water runoff to the technology-based
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standard of Maximum Extent Practicable (MEP) to protect water quality. The goals of post-construction
BMPs are to prevent and control erosion and sedimentation, provide source control of potential
pollutants, control and treat runoff, and protect wetlands and water quality resources. Post-
construction BMPs are required to achieve stormwater quality standards through site-planning
measures. Vegetative swales or other biofilters are recommended as the preferred choice for post-
construction BMPs for all projects with suitable landscape areas, because these measures are relatively
economical and require limited maintenance. For projects where landscape based treatment is
impracticable, or insufficient to meet required design criteria, other post-construction BMPs should be
incorporated. All post-construction BMPs must be maintained to operate effectively. Implementation
of the BMPs listed below will reduce the potential impacts to water quality to a less than significant
level. Less than significant with mitigation.
MM HYD-1: The following BMPs shall be incorporated into the project:
Run-off Control. Maintain post-development peak runoff rate and average volume of
runoff at levels that are similar to pre-development levels.
Labeling and Maintenance of Storm Drain Facilities. Label new storm drain inlets with
“No Dumping – Drains to Ocean” to alert the public to the destination of stormwater
and to prevent direct discharge of pollutants into the storm drain.
Common Area Litter Control. Implement a trash management and litter control program
to prevent litter and debris from being carried to water bodies or the storm drain
system.
Food Service Facilities. Design the food service facility to have a sink or other area for
cleaning floor mats, containers, and equipment that is connected to a grease interceptor
prior to discharging to the sanitary sewer system. The cleaning area shall be large
enough to clean the largest mat or piece of equipment to be cleaned.
Refuse Areas. Trash compactors, enclosures and dumpster areas shall be covered and
protected from roof and surface drainage. Install a self-contained drainage system that
discharges to the sanitary sewer if water cannot be diverted from the areas.
Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored
outdoors must be in containers and protected from drainage by secondary containment
structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer
system. Bulk materials stored outdoors must also be protected from drainage with
berms and covers. Process equipment stored outdoors must be inspected for proper
function and leaks, stored on impermeable surfaces and covered. Implement a regular
program of sweeping and litter control and develop a spill cleanup plan for storage
areas.
Cleaning, Maintenance and Processing Controls. Areas used for washing, steam
cleaning, maintenance, repair or processing must have impermeable surfaces and
containment berms, roof covers, recycled water wash facility, and discharge to the
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sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems
and/or approval of an industrial waste discharge permit.
Street/parking lot Sweeping: Implement a program to regularly sweep streets, sidewalks
and parking lots to prevent the accumulation of litter and debris. Debris resulting from
pressure washing should be trapped and collected to prevent entry into the storm drain
system. Washwater containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
g-j: No impact.
X. Land Use and Planning
Environmental Setting
The project site is identified as Mixed-Use (MU) in the City’s Land Use Map and zoned Highway Mixed-
Use (HMU). The proposed type and scale of development of an approximately 3,150 square foot fast-
food restaurant with drive-thru will be consistent with both the MU land use category and HMU zoning
district.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Physically divide an established community?
b) Conflict with the applicable land use plan, policy, or
regulation of any agency with jurisdiction over the
project (including, but not limited to, a general plan,
specific plan, local coastal program, or zoning
ordinance) adopted for the purpose of avoiding or
mitigating an environmental effect?
c) Conflict with any applicable habitat conservation
plan or natural community conservation plan?
Discussion
a, b, c: No impacts.
XI. Mineral Resources
Environmental Setting
The project site does not contain any known mineral resources.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in the loss of availability of a known mineral
resource that is or would be of value to the region and
the residents of the state?
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b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use
plan?
Discussion
a-b: There are no known mineral resources in the project area, and future extraction of mineral
resources is very unlikely due to the urbanized nature of the area. Therefore, potential impacts would
be less than significant.
XII. Noise
Environmental Setting
Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and US
Highway 101, with intermittent noise generated by agricultural operations and construction activities.
The site is surrounded by commercial uses to the north and west, a residential neighborhood to the
south, and US Highway 101 to the east.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Generate or expose people to noise levels in excess
of standards established in a local general plan or
noise ordinance, or in other applicable local, state, or
federal standards?
b) Generate or expose people to excessive
groundborne vibrations or groundborne noise levels?
c) Create a substantial permanent increase in ambient
noise levels in the vicinity of the project (above levels
without the project)?
d) Create a substantial temporary or periodic increase
in ambient noise levels in the vicinity of the project, in
excess of noise levels existing without the project?
e) Be located within an airport land use plan or, where
such a plan has not been adopted, within two miles of
a public airport or public use airport? If so, would the
project expose people residing or working in the
project area to excessive noise levels?
f) Be in the vicinity of a private airstrip? If so, would
the project expose people residing or working in the
project area to excessive noise levels?
Discussion
a, b, d: During construction of the proposed project, the use of construction vehicles and equipment has
the potential to generate excessive levels of noise; however, this is only a temporary increase. All
construction activities will comply with applicable City policies regarding noise. Less than significant
impact with mitigation
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MM NOI-1: Construction activities shall be restricted to between the hours of 8 a.m. and 5 p.m.
Monday through Friday. No construction shall occur on Saturday or Sunday. Equipment
maintenance and servicing shall be confined to the same hours. To the greatest extent possible,
grading and construction activities should occur during the middle of the day to minimize the
potential for disturbance of noise to neighboring sensitive uses.
MM NOI-2: All equipment will have sound-control devices that are no less effective than those
provided on the original equipment. No equipment will have an unmuffled exhaust.
MM NOI-3: Equipment mobilization areas, water tanks, and equipment storage areas shall be
placed in a central location as far from existing residences as feasible.
c: Additional noise will be created as result of the commercial activity and drive-thru. However, a three
to four foot (3’-4’) wall is required to be part of the project adjacent to the drive-thru, which will reduce
ambient noise. Additionally, because the project is in such close proximity to US Highway 101, it is
anticipated that noise generated from the project will be at lower levels than the ambient noise
associated with the Highway. Therefore, any impacts are anticipated to be Less than significant impacts.
e, f: No impacts.
XIII. Population and Housing
Environmental Setting
Arroyo Grande’s population has grown from 3,291 in 1960 to 17,252, based on the 2010 Census. At the
time of the 2010 Census, there were 7,628 housing units in the City, an 822-unit increase from 2000. The
vast majority, 75%, are single-family units. The overall average household size in Arroyo Grande is 2.41
persons, with owner-occupied units averaging 2.45 persons per household and renter-occupied units
averaging 2.33 persons per household. This rate is relatively consistent with the 1990 City average of
2.48, and slightly less than California’s average rate of 2.87 persons per household.
There are no residences or residential uses within the project area; however, there are residences and
commercial uses adjacent to the project site.
The project site is vacant. The proposed project is an infill development, and no existing housing will be
displaced.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
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c) Displace substantial numbers of people,
necessitating the construction of replacement housing
elsewhere?
Discussion
a, b, c: No impacts.
XIV. Public Services
Environmental Setting
The City of Arroyo Grande administers its own police department and parks and recreation facilities.
Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement (JPA). The
Lucia Mar Unified School District (LMUSD) provides K-12 educational facilities. Public services to the
project site are readily provided by the City of Arroyo Grande.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Result in significant environmental impacts from
construction associated with the provision of new or
physically altered governmental facilities, or the need
for new or physically altered governmental facilities, to
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
Fire protection?
Police protection:
Schools?
Parks?
Other public facilities?
Discussion
a: No significant project-specific impacts to public services or utilities would occur. The project would
not increase long-term demands on police, fire, or emergency response services due to the infill nature
of the project. The project would not induce population growth or increase demands on local schools,
parks, or other public facilities.
Therefore, impacts would be less than significant.
XV. Recreation
Environmental Setting
The Recreation Services Department oversees recreational activities throughout the City and manages
the City’s various parks and open spaces. The project will not affect any existing park or other
recreational resource and is not expected to create additional demand for recreational facilities. Any
potential impact will be mitigated by the City’s standard condition requiring payment of park
development and impact fees for the improvement or development of neighborhood community parks.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities, such that
substantial physical deterioration of the facility would
occur or be accelerated?
b) Include recreational facilities or require the
construction or expansion of recreational facilities that
might have an adverse physical effect on the
environment?
Discussion
a, b: No impact
XVI. Transportation/Traffic
Environmental Setting
This section is largely based on the Transportation Impact Analysis Report (TIAR) prepared for the
project (Omni Means 2017) and Noon Peak & Brisco Road Restriping Analysis Memo (Omni Means
2017).
The City’s street network consists of a hierarchy of street types which serve different functions. These
include freeways, arterials, collectors, local streets and alleyways.
Freeways route traffic through the community and are characterized by large traffic volumes and high-
speed travel. Arterials link residential and commercial districts and serve shorter through traffic needs.
Due to the heavier traffic on arterials, adjacent land uses are intended to be a mix of commercial and
multi-family residential. Collector streets link neighborhoods to arterials and are not intended for
through traffic but are nonetheless intended to move traffic in an efficient manner. Local streets are
designed to serve only adjacent land uses and are intended to protect residents from through traffic
impacts.
Access to the project site is provided via two (2) driveways. The proposed project will develop one
driveway on El Camino Real (Driveway #1). This is a 30’ wide driveway that will provide full access into
and out of the site. Faeh Avenue is proposed to have a separate 25’ wide full access driveway (Driveway
#2). Driveways #1 and #2 appear to have adequate throat depth based upon geometrics of the project
plans. Vehicle queuing was evaluated to be adequate for the proposed project.
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Cause a substantial increase in traffic, in relation to
existing traffic and the capacity of the street system
(i.e., a substantial increase in either the number of
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
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b) Exceed, individually or cumulatively, the level of
service standards established by the county congestion
management agency for designated roads or
highways?
c) Cause a change in air traffic patterns, including
either an increase in traffic levels or a change in
location, that results in substantial safety risks?
d) Contain a design feature (e.g., sharp curves or a
dangerous intersection) or incompatible uses (e.g.,
farm equipment) that would substantially increase
hazards?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus
turnouts, bicycle racks)?
Omni-Means Transportation Impact Analysis Report
A TIAR was prepared by Omni-Means dated July 2017 to evaluate the potential impact of the proposed
project on the City’s circulation system. Recommendations from the TIAR are incorporated into this
Initial Study/Mitigated Negative Declaration. As part of the TIAR, AM and PM peak hour intersection
counts were conducted in March 2017. Separately and following review of the TIAR by the City’s Traffic
Commission, a Memorandum was prepared by Omni-Means dated Septebmer 11, 2017 to analyze the
noon peak trip demands and restriping of the Brisco Road underpass.
Discussion
a, b: The Arroyo Grande General Plan Circulation Element specifies minimum level-of-service standards
for all streets and intersections within the City’s jurisdiction. In section CT2, the following performance
standards for acceptable LOS are established:
CT2: Attain and maintain Level of Service (LOS) ‘C’ or better on all streets and controlled
intersections.
CT2-1: Where deficiencies exist, mitigate to an LOS ‘D’ at a minimum and plan improvement to
achieve LOS ‘C’ (LOS ‘E’ or ‘F’ unacceptable = significant adverse impact unless Statement of
Overriding Considerations or CEQA Findings approved). The design and funding for such planned
improvements shall be sufficiently definite to enable construction within a reasonable period of
time.
In addition to the City designated LOS “C” minimum acceptable standard on City facilities, Caltrans LOS
policy for state highways was also analyzed. The Caltrans published Guide for the Preparation of Traffic
Impact Studies (December 2002) states:
“Caltrans endeavors to maintain a target LOS at the transition between LOS “C” and LOS “D” on
State highway facilities, however, Caltrans acknowledges that this may not be always feasible
and recommends that the lead agency consult with Caltrans to determine the appropriate target
LOS.”
Consistent with Caltrans and City policies quoted above, LOS “C” has been taken as the general
threshold for acceptable operations at study intersections and roadway segments maintained by the
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City, and LOS “C” has been taken as the general threshold for acceptable operations at study
intersections and roadways maintained by the State.
Additionally, for the project TIAR, a merge/diverge analysis was performed on the northbound off-ramp
State Route 101/Brisco Road intersection and a weaving analysis was conducted on the freeway
segment from the on-ramp at Halcyon Road to the off-ramp at E. Grand Avenue, as requested by
Caltrans during their review of Memorandum of Assumptions for the TIAR.
Although the project TIAR states that the project will not create a significant impact at several of the
study intersections based on the significance thresholds identified, the report acknowledges that the
project will contribute additional trips to impacted intersections and therefore mitigation is necessary
for the proposed project.
In order to determine appropriate mitigations for the proposed project, the TIAR identifies that pro-rata
share contributions are appropriate for improvements related to deficient operations at three (3)
studied intersections, including:
1. Brisco Road/US 101 NB Ramps;
2. Brisco Road/El Camino Real; and
3. E. Grand Avenue/El Camino Real.
Pro-rata share contributions were calculated as documented in the Caltrans Guide for the Preparation of
Traffic Impact Studies (December 2002). The TIAR concludes that collection of pro-rata share
contributions for improvements at these intersections will mitigate projects to appropriate levels.
Therefore, impacts would be less than significant with mitigation.
MM TT-1: The developer shall pay pro-rata share contributions for intersections improvements
as identified in the Traffic Impact Analysis Report prepared for the project (Omni-Means 2017).
c-f: No impact
XVII. Tribal Cultural Resources
Environmental Setting
As discussed in Section V. Cultural Resources, the earliest inhabitants of Arroyo Grande Valley were the
northern or Obispeno Chumash Indians. Given the long history of the Chumash occupying this region,
many archaeological sites have been identified within the City limits, including sites within one-half mile
of the project site. The property has been previously graded, making it less likely that cultural resources
are present on the site. Nevertheless, isolated archaeological materials could still be present given the
extensive history of Chumash Indians inhabiting this area.
On July 25, 2017, local Native American tribal groups that requested consultation under AB 52 were
formally noticed that the application for the proposed project was deemed complete and invited to
provide consultation on the proposed project. The City received no correspondence from local Native
American tribal groups related to this project.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Would the project cause a substantial adverse
change in the significance of a tribal cultural resource,
defined in Public Resources Code Section 21074 as
either a site, feature, place, cultural landscape that is
geographically defined in terms of the size and scope
of the landscape, sacred place, or object with cultural
value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California
Register of Historical Resources, or in a local
register of historical resources as defined in Public
Resources Code Section 5020.1(k), or
ii) A resource determined by the lead agency in its
discretion and supported by substantial evidence,
to be significant pursuant to criteria set forth in
Subdivision (c) of Public Resources Code Section
5024.1. In applying the criteria set forth in
Subdivision (c) of Public Resources Code Section
5024.1, the lead agency shall consider the
significance of the resource to a California Native
American tribe.
Discussion
a-i) No impact
a-ii) As discussed in Section V. Cultural Resources, it is unlikely that Tribal Cultural Resources will be
impacted due to previous grading on the site. However, as a precaution, if cultural resources are
encountered during the construction process, development activities at the site shall cease until a
qualified archaeologist has been employed to view and assess the discovery and prepare a mitigation
plan.
Therefore, potential impacts associated with tribal cultural resources would be less than significant with
mitigation.
MM TCR-1: Implement MM CUL-1 and CUL-2.
XVIII. Utilities and Service Systems
Environmental Setting
The project site is located within the incorporated City Limits of Arroyo Grande. Utilities will be served
by both the City and other regional entities.
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Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Exceed wastewater treatment restrictions or
standards of the applicable Regional Water Quality
Control Board?
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities?
Would the construction of these facilities cause
significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources or
are new or expanded entitlements needed?
e) Result in a determination, by the wastewater
treatment provider that serves or may serve the
project, that it has adequate capacity to service the
project’s anticipated demand, in addition to the
provider’s existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project’s solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations as they relate to solid waste?
a: Wastewater generated by the proposed project will be treated by the South County Sanitation
District, which has adequate capacity to accommodate the increase. Less than significant impact
b, c: No impact
d: The 2012 Water System Master Plan provides water demand factors based on land use. The project
site is located in the Mixed-Use Land Use category, which has a demand factor of 1,788 gallons per day
per acre (gpd/acre). The project site is 0.79 acres, which results in water demand of 1,421.25 gpd. This
amount of demand is covered by existing resources in the projected build-out population of 20,000
residents. Additionally, all new development in the City is required to either implement a water
neutralization program or pay a water neutralization fee to offset increased water demand generated by
the development. Therefore, there are sufficient water supplies available to serve the project, even in
light of recent, cyclical drought conditions. Less than significant impact
e-g: No impact
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5. Mandatory Findings of Significance
Would the project:
Potentially
Significant
Impact
Less Than
Significant
with
Mitigation
Less Than
Significant
Impact
No Impact
a) Substantially degrade the quality of the
environment, substantially reduce the habitat of a fish
or wildlife species; cause a fish or wildlife population
to drop below self-sustaining levels; threaten to
eliminate a plant or animal community; substantially
reduce the number or restrict the range of an
endangered, rare or threatened species; or eliminate
examples of the major periods of California history or
prehistory?
b) Have the potential to achieve short-term
environmental goals to the disadvantage of long-term
environmental goals?
c) Have possible environmental effects that are
individually limited but cumulatively considerable?
“Cumulatively considerable” means that the
incremental effects of an individual project are
significant when viewed in connection with the effects
of past projects, the effects of other current projects,
and the effects of possible future projects.
d) Cause substantial adverse effects on human beings,
either directly or indirectly?
Discussion
a: Although undeveloped, the project site does not contain any significant flora or fauna, and because it
is surrounded by urban development, the site does not have any potential to serve as a wildlife corridor.
Isolated prehistoric materials may be present on the project site; however, the site does not serve as an
example of a major period of California history or prehistory.
b: There are no short-term environmental goals, either in the project description or the identified
mitigation measures, that will be achieved to the disadvantage of long-term environmental goals.
c: The proposed project is consistent with the City’s General Plan as it relates to future growth, both in
general terms and specifically as it relates to the project site. While the proposed project will have
project specific impacts, with implementation of the proposed mitigation measures, it will not result in
any cumulatively considerable environmental impacts.
d: With implementation of the proposed mitigation measures, the proposed project will not cause
substantial adverse effects on human beings, either directly or indirectly.
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6. Summary of Mitigation Measures
MM AQ-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California
Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles
with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California based vehicles. In general the regulation
specifies that drivers of said vehicles:
Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any
location.
Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater that 5 minutes at any location when within 1,000 feet of a
restricted area.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-2: Off-road diesel equipment shall comply with the 5-minute idling restriction
identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off-Road Diesel
regulation.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-3: Signs must be posted in the designated queuing areas and job sites to remind drivers
and operators of the State’s 5 minute idling limit.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-4: The project applicant shall comply with these more restrictive requirements to
minimize impacts to nearby sensitive receptors (adjacent residential development):
Staging a queuing areas shall not be located within 1,000 feet of sensitive receptors;
Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
Use of alternative fueled equipment is recommended; and
Signs that specify no idling areas must be posted and enforced at the site.
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Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-5: The project shall implement the following mitigation measures to manage nitrogen
oxide (NOX), reactive organic cases (ROG), and diesel particulate matter (DPM) emissions:
Maintain all construction equipment in property tune according to manufacturer’s
specifications;
Fuel all off-road and portable diesel powered equipment with ARB 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 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;
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.
MM AQ-6: The project shall implement the following mitigation measures to manage fugitive
dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or
prompt nuisance violations (APCD Rule 402).
Reduce the amount of the disturbed area where possible;
Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater
than 3 minutes in any 60 minute period. Increased watering frequency would be
required when wind speeds exceed 15 mph. Reclaimed (non-potable) water shall be
used;
All dirt stock pile areas should be sprayed daily and covered with tarps or other dust
barriers as needed;
Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be shown with a fast germinating, non-invasive, grass seed
and watered until vegetation is established;
All disturbed soil areas not subject to revegetation should 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;
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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 should
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23.114;
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 shall be used with reclaimed water should be used where
feasible. Roads shall be pre-wetted prior to sweeping when feasible;
A listing of all required mitigation measures should be included on grading and building
plans; and,
The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below the APCD's limit of 20%
opacity for greater than 3 minutes in any 60 minute period. Their duties shall include
holidays and weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD Compliance Division
prior to the start of any grading, earthwork or demolition.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-7: Prior to the start of the project, the applicant shall obtain all necessary permits for
equipment to be used during construction by contacting the APCD Engineering Division at (805)
781-5912.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: Prior to start of work
MM AQ-8: Burning of vegetative material on the development site shall be prohibited.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-9: Should hydrocarbon-contaminated soil be encountered during construction
activities, the APCD shall be notified within forty-eight (48) hours of such contaminated soil
being discovered to determine if an APCD permit is required. In addition, the following
measures shall be implemented immediately after contaminated soil is discovered:
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Covers on storage piles shall be maintained in place at all times in areas not actively
involved in soil addition or removal.
Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH – non-permeable barrier such as plastic tarp. No
headspace shall be allowed where vapors could accumulate.
Covered piles shall be designed in such a way as to eliminate erosion due to wind or
water. No openings in the covers are permitted.
During soil excavation, odors shall not be evident to such a degree as to cause a public
nuisance.
Clean soil must be segregated from contaminated soil.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During Construction
MM AQ-10: The project shall implement a minimum of eight (8) Standard Mitigation Measures
as stated in Table 3-5 of the APCD’s 2012 CEQA Handbook
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: Prior to permit issuance
MM CUL-1: If a potentially significant cultural resource is encountered during subsurface
earthwork activities, all construction activities within a 100-foot radius of the find shall cease
until a qualified archaeologist determines whether the uncovered resource requires further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously undiscovered
resources found during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of California
Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts;
fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shall prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data
for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the appropriate Information Center
and provide for the permanent curation of the recovered materials.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During construction
MM CUL-2: If human remains are encountered during earth-disturbing activities, all work in the
adjacent area shall stop immediately and the San Luis Obispo County Coroner’s office shall be
notified. If the remains are determined to be Native American in origin, the Native American
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Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be
consulted for recommendations for treatment of the discovered remains.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Engineering Division, Public Works
Department
Timing: During construction
MM GHG-1: Prior to issuance of a building permit, all construction plans shall incorporate the
following GHG-reducing measures where applicable:
Incorporate outdoor electrical outlets to encourage the use of electric appliances and
tools.
Trusses for south-facing portions of roofs shall be designed to handle dead weight loads
of standard solar-heated water and photovoltaic panels. Roof design shall include
sufficient south-facing roof surface, based on structures size and use, to accommodate
adequate solar panels. For south facing roof pitches, the closest standard roof pitch to
the ideal average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements. Measures used
to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of buildings to
reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient, recycled, and
sustainable) available locally if possible.
Install high efficiency heating and cooling systems.
Design homes to include roof overhangs that are sufficient to block the high summer
sun, but not the lower winter sun, from penetrating south facing windows (passive solar
design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Star®).
Utilize double-paned windows.
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPA/DOE Energy Star®
rating to reduce summer cooling needs.
Eliminate high water consumption landscaping with emphasis on native plants.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building and Engineering
Divisions
Timing: Prior to issuance of a Grading Permit or Building Permit
MM HYD-1: The following BMPs shall be incorporated into the project:
Run-off Control. Maintain post-development peak runoff rate and average volume of
runoff at levels that are similar to pre-development levels.
Item 10.a. - Page 177
INITIAL STUDY MITIGATED NEGATIVE DECLARATION October 2017
CUP 16-008; MER 16-001
Page 43 of 45
Labeling and Maintenance of Storm Drain Facilities. Label new storm drain inlets with
“No Dumping – Drains to Ocean” to alert the public to the destination of stormwater
and to prevent direct discharge of pollutants into the storm drain.
Common Area Litter Control. Implement a trash management and litter control program
to prevent litter and debris from being carried to water bodies or the storm drain
system.
Food Service Facilities. Design the food service facility to have a sink or other area for
cleaning floor mats, containers, and equipment that is connected to a grease interceptor
prior to discharging to the sanitary sewer system. The cleaning area shall be large
enough to clean the largest mat or piece of equipment to be cleaned.
Refuse Areas. Trash compactors, enclosures and dumpster areas shall be covered and
protected from roof and surface drainage. Install a self-contained drainage system that
discharges to the sanitary sewer if water cannot be diverted from the areas.
Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored
outdoors must be in containers and protected from drainage by secondary containment
structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer
system. Bulk materials stored outdoors must also be protected from drainage with
berms and covers. Process equipment stored outdoors must be inspected for proper
function and leaks, stored on impermeable surfaces and covered. Implement a regular
program of sweeping and litter control and develop a spill cleanup plan for storage
areas.
Cleaning, Maintenance and Processing Controls. Areas used for washing, steam
cleaning, maintenance, repair or processing must have impermeable surfaces and
containment berms, roof covers, recycled water wash facility, and discharge to the
sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems
and/or approval of an industrial waste discharge permit.
Street/parking lot Sweeping: Implement a program to regularly sweep streets, sidewalks
and parking lots to prevent the accumulation of litter and debris. Debris resulting from
pressure washing should be trapped and collected to prevent entry into the storm drain
system. Washwater containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and Engineering
Divisions
Timing: Prior to issuance of a Building Permit
MM NOI-1: Construction activities shall be restricted to between the hours of 8 a.m. and 5 p.m.
Monday through Friday. No construction shall occur on Saturday or Sunday. Equipment
maintenance and servicing shall be confined to the same hours. To the greatest extent possible,
Item 10.a. - Page 178
INITIAL STUDY MITIGATED NEGATIVE DECLARATION October 2017
CUP 16-008; MER 16-001
Page 44 of 45
grading and construction activities should occur during the middle of the day to minimize the
potential for disturbance of neighboring noise sensitive uses.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and Engineering
Divisions
Timing: During construction
MM NOI-2: All construction equipment utilizing internal combustion engines shall be required to
have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet
from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are
provided by the contractor.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and Engineering
Divisions
Timing: During construction
MM NOI-3: Equipment mobilization areas, water tanks, and equipment storage areas shall be
placed in a central location as far from existing residences as feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and Engineering
Divisions
Timing: Prior to and during construction
MM TT-1: The developer shall pay pro-rata share contributions for intersections improvements
as identified in the Traffic Impact Analysis Report prepared for the project (Omni-Means 2017).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande – Planning, Building, and Engineering
Divisions
Timing: Prior to building permit issuance
MM TCR-1: Implement MM CUL-1 and CUL-2.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande –Engineering Division and Public Works
Department
Timing: During Construction
Item 10.a. - Page 179
INITIAL STUDY MITIGATED NEGATIVE DECLARATION October 2017
CUP 16-008; MER 16-001
Page 45 of 45
7. References
Documents & Maps
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande Land Use Map
3. City of Arroyo Grande Municipal Code
4. City of Arroyo Grande Zoning Map
5. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010)
6. Arroyo Grande Urban Water Management Plan (2016)
7. Arroyo Grande Water System Master Plan (2012)
8. Arroyo Grande Wastewater Master Plan (2012)
9. San Luis Obispo Important Farmland Map (California Department of Conservation, 2006)
10. CEQA & Climate Change White Paper (CAPCOA, 2008)
11. SLO County 2001 Clean Air Plan; Air Quality Handbook (SLO APCD, 2012)
12. Arroyo Grande Multi-Jurisdictional Local Hazard Mitigation Plan (2012)
13. Arroyo Grande Climate Action Plan (2013)
14. Project Plans
15. Site Inspection
16. Stormwater Control Plan and 100-Year Peak Flow Summary (North Coast Engineering 2017)
17. Infiltration Testing Report (GeoSolutions, Inc. 2017)
18. Soils Engineering Report (Geosolutions, Inc. 2017)
19. Phase I Environmental Site Assessment (GeoSolutions, Inc. 2017)
20. Cultural Resources Survey (Central Coast Archaeological Research Consultants 2017)
21. Transportation Impact Analysis Report (Omni-Means 2017)
22. Memorandum regarding Noon Peak & Brisco Road Restriping Analysis (Omni-Means 2017)
Item 10.a. - Page 180
.
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ATTACHMENT 10
Item 10.a. - Page 181
Item 10.a. - Page 182
Item 10.a. - Page 183
Item 10.a. - Page 184
Item 10.a. - Page 185
Item 10.a. - Page 186
Item 10.a. - Page 187
1
Matt Downing
Subject:FW: Conditional use permit 16-008
From: Toni Toni
Sent: Wednesday, September 13, 2017 9:34 PM
To: AG City
Subject: Conditional use permit 16-008
Thanks for notifying residents in advance of the traffic commission meeting regarding Popeyes.
I live on North Alpine and I get honked at if I make a left turn onto Faeh avenue coming from Halcyon. I don't
turn left on Faeh as a result when I come off Halcyon because the traffic on Halcyon is backed up a majority of
the time. It doesnt seem wise to put a Popeyes entrance and exit on Faeh street with existing traffic at capacity
at the intersection of Brisco/El Camino Real/Halcyon.
I would like to propose the City of Arroyo Grande City Council adopts Criteria for Review of Drive Through
Uses such as the City of San Jose has (see link below). It is important that "primary ingress and egress to drive
through type parking lots should be from at least a four lane major street." Grand Avenue is the place for drive
through establishments until El Camino Real is widened to four lanes.
https://www.sanjoseca.govt/DocumentCenter/View/3877
Thank you for reading my comments.
Anonymous resident of North Alpine Street
Item 10.a. - Page 188
COUNCIL POLICY
TITLE CRITERIA FOR THE REVIEW OF
DRIVE-THROUGH USES
PAGE
1 of 4
POLICY NUMBER
6-10
EFFECTIVE DATE March 13, 1979 REVISED DATE November 6, 1990
APPROVED BY COUNCIL ACTION 3/13/79; 9/14/79; 11/06/90, Item 8b
BACKGROUND
On March 13, 1979 the City Council approved an amendment to the Zoning Ordinance requiring that all
applications for development of establishments with drive-through facilities in the C-1, C-2 and C-3 Commercial
Districts be reviewed for adherence to current and applicable criteria and that such development proceed only
after issuance of a Conditional Use Permit by the City. On this same date Council approved criteria applicable
to such development. Subsequently, on September 4, 1979 the City Council approved additional drive-through
criteria for the review of drive-through uses. In 1990, concerns with the development of self-service car wash
facilities allowed under PD zoning led to additional criteria.
PURPOSE
To provide guidelines for the development of establishments with drive-through facilities within the City of San
José.
POLICY
It is the policy of the City Council that development of establishments with drive-through facilities within the City
of San José shall be governed as specified in this policy statement. Approval of such development shall be
subject to the following conditions:
1. Development shall be restricted to Commercial Zoning Districts, designated as C-1, C-2, and C-3, and
to Planned Development (PD) zoning.
2. DevelopmentmaynotproceeduntilaConditionalUsePermitorPlannedDevelopmentPermitisissued
by the City.
3. Conditional Use Permits or Planned Development (PD) Permits for establishments with drive-through
facilities shall be granted only after applicable criteria adopted by Council have been applied to each
application, to the satisfaction of the City's Director of Planning and the City Planning Commission.
Furthermore, it is the policy of the Council that gasoline service stations which do not include car wash facilities
as well as vehicle repair and storage facilities shall be exempt from the provisions in this policy statement.
CRITERIA
The following criteria shall be applied to all applications for development of establishments with drive-through
facilities which meet the applicable conditional requirements:
I TRAFFIC
A. Primary ingress and egress to drive-through type use parking lots should be from at least a four-lane
major street.
City of San José, California
Item 10.a. - Page 189
B. The drive-through stacking lane shall be situated so that any overflow from the stacking lane shall not
spill out onto public streets or major aisles of any parking lot. Overflow capacity shall be 50 percent of
required stacking for overflow restricted to the parking lot and 100 percent of required stacking if the
overflow is directed to the street.
C. No ingress and egress points shall conflict with turning movements of street intersections.
D. No drive-through use shall be approved with ingress or egress driveways within 300 feet of a signalized
intersection operating at a Level of Service D, E, or F unless a traffic analysis demonstrates, to the
satisfaction of the Director of Public Works, that vehicles entering or leaving said use will not impair the
efficiency or operation of the intersection.
E. The drive-through stacking lane shall be separated physically from the user's parking lot and shall have
a capacity of:
1. Financial Institutions—8 cars per lane or 16 total*;
2. Restaurants—8 cars per lane*;
3. Photo Uses—2 cars per lane*;
4. Self-Service Car Washes—5 cars per lane*;
5. Full-Service Car Washes—15 cars* (may be in multiple lanes);
6. Other—Capacity requirement to be determined on an individual basis.
*Allow 20 feet per car
The storage required for savings and loans may be less than for banks, and should be reviewed on an
individual basis.
Eight (8) vehicles per lane for a drive-through restaurant is a maximum. Certain types of fast-food
restaurants may require less storage if substantiated by acceptable data.
F. No pedestrian crossing of the drive-through lane shall be allowed.
G. Proposed drive-through uses at or near signalized intersections may compound existing traffic
congestion and make it intolerable even if the intersection meets the Transportation LOS Policy. In
these situations proposed drive-through uses should be discouraged.
II NOISE
A. Drive-through speakers shall not be audible from adjacent residentially used, zoned, or General
Planned properties.
B. Drive-through speakers shall not be used when the drive-through lane abuts residentially used, zoned,
or General Planned Property.
C. Use of sound attenuation walls and landscaping shall be encouraged.
III HOURS OF OPERATION
A. No drive-through portion of land use shall operate after the hour of 10:00 P.M. when adjacent to
residentially used, zoned, or General Planned properties.
IV EMISSION CONTROL
It is recognized that auto emissions are particularly objectionable where "tunneling" effects occur due to
prevailingwindpatternsincombinationwithbuildingorientation,andwhereidlingvehiclesareincloseproximity
to concentrations of people.
A. An east-west orientation of drive-through lanes is discouraged, especially on the south side of main
buildings.
TITLE CRITERIA FOR THE REVIEW OF DRIVE-THROUGH
USES
PAGE
2 of 4
POLICY NUMBER
6-10
Item 10.a. - Page 190
B. "Tunneling" will be deemed to occur where adjacent buildings are within thirty (30) feet of each other,
orwhere roof/wallstructuresencloseaspacelessthanthirty(30)feet.Suchsituationsarediscouraged
unless air quality analyses performed by the applicant shows that unusual pollutant concentrations will
not occur.
C. Applicants shall take positive steps to protect employees of the drive-through facility from emissions
caused by idling cars.
D. Drive-through lanes shall not be located adjacent to patios and other pedestrian use areas, other than
walkways.
E. Drive-through use stacking lanes are discouraged in close proximity to residential uses, existing or
planned.
V URBAN DESIGN
A. The architecture of drive-through uses shall be compatible and harmonize with that of the shopping
center motif or immediate neighborhood in terms of building color, materials, mass, scale, and form.
Standardized, "corporate" building designs shall be discouraged.
B. Drive-through lanes shall be suffered from adjacent properties by means of heavy landscaping, and
sound attenuating uses where appropriate and necessary.
C. Drive-through restaurants shall incorporate seating within the restaurant, and drive-through banking
facilities shall provide a walk-up window.
VI LIGHTING
A. Reference is made to Section 20.12.200 of the Zoning Ordinance.
20.12.200: LIGHTING. Any and all lighting facilities hereafter erected, constructed, or used for or in
connection with any off-street parking spaces located in any residential district or adjacent to any
residential district shall be so arranged and shielded that light will be reflected away from lands located
in such residential district, and so that there will be no glare which will cause unreasonable annoyance
to occupants of properties in such residential district, or otherwise interfere with the public health,
safety, or welfare.
B. Lighting devices located on roofs are considered an advertising device and will not be permitted.
In addition, the following specific criteria are recommended.
Recommended maximums for all drive-through uses:
At Residential Property Line 0.1 fc
At Other Property Line 0.5 fc
Detached Signs 50 FL
Attached Signs 20 FL
Parking Lots (drive-up)0.5 foot-candles at surface
Parking Lots (walk-in)0.2 foot-candles at surface
fc = Foot Candle = illumination level on work surface.
FL = Foot Lamberts = brightness one sees at the source.
VII LOCATION
A. Drive-through uses shall be located 200 feet or more from immediately adjacent or directly opposite
residentially used, zoned, or General Planned properties.
B. Drive-through facilities are discouraged in the Downtown Core Area (bounded by Julian Street, Fourth
Street, Freeway 280, and Future Freeway 87).
TITLE CRITERIA FOR THE REVIEW OF DRIVE-THROUGH
USES
PAGE
3 of 4
POLICY NUMBER
6-10
Item 10.a. - Page 191
C. Buildings with drive-through facilities shall be located with a minimum separation of 500 feet from any
structure containing a drive-through facility.
Self-service car washes which are proposed in conjunction with existing gasoline service stations may be
exempted from this locational criterion, provided the traffic criteria in I above are satisfied.
VIII OTHER CRITERIA
A. Water drippage on public streets at the exit of car washes shall be minimized through either automatic
drying systems or hand drying in connection with full-service car wash facilities or through on-site
grading and drainage patterns or other design features in connection with self-serve car wash facilities.
IX DEVELOPMENT REVIEW PROCESS
On and off-site circulation, traffic safety, curbside parking, number or proximity of driveways, speed bumps, and
other site development factors shall be considered during the Conditional Use Permit or Planned Development
(PD) Rezoning/Permit process and evaluated on a site-by-site basis.
TITLE CRITERIA FOR THE REVIEW OF DRIVE-THROUGH
USES
PAGE
4 of 4
POLICY NUMBER
6-10
Item 10.a. - Page 192
1
Matt Downing
Subject:FW: No drive through Popeyes at corner of Faeh & El Camino Real
From: Toni Toni
Date: October 10, 2017 at 2:21:57 PM PDT
To: "jhill@arroyogrande.org" <jhill@arroyogrande.org>, "tbrown@arroyogrande.org"
<tbrown@arroyogrande.org>, "kbarneich@arroyogrande.org" <kbarneich@arroyogrande.org>,
"cray@arroyogrande.org" <cray@arroyogrande.org>
Subject: No drive through Popeyes at corner of Faeh & El Camino Real
Thank you for reading my thoughts about proposed drive through Popeyes at corner of Feah
and El Camino Real. The road structure does not support the drive through on El Camino Real
because it is not a four lane road. Please reference the successful Starbucks on Grand and
Elm Street. Both roads are 4 lane. The awkward shape of property lends itself to a park or sit
down restaurant or used car lot, among other things. Please reference other City Councils that
have some guidelines on approval of drive through restaurant such as San Jose "Criteria for the
Review of Drive Through Uses". See link called 6-10. 6-10
Thanks again for your time and services to our City.
Anonymous Resident of North Alpine Street
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Item 10.a. - Page 193
1
Matt Downing
From:Matt Vasques
Sent:Tuesday, October 17, 2017 5:01 PM
To:Matt Downing
Cc:
Subject:Popeye's Planning Commission Meeting
Attachments:Popeye's.pdf
Dear Mr. Downing:
I am unable to attend tonight’s Planning Commission meeting to give my comments or submit a written
statement regarding the planned development of a Popeye’s at 727 El Camino Real. I have included my
comments in this email and have also attached it as a PDF for printing and submission.
Thank you for your assistance on this. My statement is below my signature.
Sincerely,
Matthew Vasques
October 17, 2017
To Whom It May Concern:
I am writing in reply to the Planning Commission’s public hearing regarding the planned Popeye’s fast food
restaurant at 727 El Camino Real in Arroyo Grande.
As I am unable to attend, I am hoping that this letter is received and noted. I am against the planned
development of a fast food restaurant at the above location. Furthermore, I am disappointed that the city is
considering the development of that land for a fast food restaurant for the reasons cited below.
First, while I understand the need for the tax revenue Popeye’s might create for the city, I am not satisfied that
said restaurant is the only project under consideration. That particular area is highly visible to Hwy 101
travelers. And while the city has done a good job controlling the aesthetics of the village, a Popeye’s would be
an eye-sore not only to the immediate neighborhood, but also to the City of Arroyo Grande. For travelers
southbound, it would be one of the first introductions to our fine city. I am not convinced that this is the
aesthetic the residents of Arroyo Grande, or the City Council would like.
There are other options for the development of that property that can satisfy both the need for tax revenue and a
proper city aesthetic. I would encourage such options to be entertained.
Second, the neighborhood consists largely of established and younger families. The traffic generated by a
Popeye’s would make the neighborhood unsafe for the many children who play in their front yards, ride bikes,
walk, and visit one another. This would include my child. The increased traffic would create hazards for
neighborhood children and their families. There are many young children and families on Faeh Ave and N.
Item 10.a. - Page 195
2
Alpine that would be directly affected. I can’t imagine the City of Arroyo Grande would welcome increased
dangers to the youngest of their citizens. For myself, this is the greatest concern: the safety of my child, his
friends, and their families. The creation of a Popeye’s establishes a very dangerous neighborhood.
Third, our area, also known as the West Village, is where a number of younger families have tried to establish
themselves in a housing market that is largely beyond their reach. We have had a number of younger families
and their children move into the neighborhood in recent years—as both owners and renters. Creating a
Popeye’s would destroy any equity and home value these young families have built over the years. Myself
included. Neighborhoods, such as ours, are a means to build equity and wealth in an effort to overcome the
area’s low wages and high home prices. A fast food restaurant on El Camino Real would destroy that and lead
to further economic inequality and an impoverished neighborhood.
I am asking the Planning Commission to consider these issues and deny the creation of a Popeye’s at 727 El
Camino Real. There are other tax generating projects the city can look into that are more aesthetically pleasing
and safe.
Sincerely,
Matthew Vasques
Item 10.a. - Page 196
October 17, 2017
To Whom It May Concern:
I am writing in reply to the Planning Commission’s public hearing regarding the
planned Popeye’s fast food restaurant at 727 El Camino Real in Arroyo Grande.
As I am unable to attend, I am hoping that this letter is received and noted. I am
against the planned development of a fast food restaurant at the above location.
Furthermore, I am disappointed that the city is considering the development of that
land for a fast food restaurant for the reasons cited below.
First, while I understand the need for the tax revenue Popeye’s might create for the
city, I am not satisfied that said restaurant is the only project under consideration.
That particular area is highly visible to Hwy 101 travelers. And while the city has
done a good job controlling the aesthetics of the village, a Popeye’s would be an eye-
sore not only to the immediate neighborhood, but also to the City of Arroyo Grande.
For travelers southbound, it would be one of the first introductions to our fine city. I
am not convinced that this is the aesthetic the residents of Arroyo Grande, or the
City Council would like.
There are other options for the development of that property that can satisfy both
the need for tax revenue and a proper city aesthetic. I would encourage such
options to be entertained.
Second, the neighborhood consists largely of established and younger families. The
traffic generated by a Popeye’s would make the neighborhood unsafe for the many
children who play in their front yards, ride bikes, walk, and visit one another. This
would include my child. The increased traffic would create hazards for
neighborhood children and their families. There are many young children and
families on Faeh Ave and N. Alpine that would be directly affected. I can’t imagine
the City of Arroyo Grande would welcome increased dangers to the youngest of
their citizens. For myself, this is the greatest concern: the safety of my child, his
friends, and their families. The creation of a Popeye’s establishes a very dangerous
neighborhood.
Third, our area, also known as the West Village, is where a number of younger
families have tried to establish themselves in a housing market that is largely
beyond their reach. We have had a number of younger families and their children
move into the neighborhood in recent years—as both owners and renters. Creating
a Popeye’s would destroy any equity and home value these young families have built
over the years. Myself included. Neighborhoods, such as ours, are a means to build
equity and wealth in an effort to overcome the area’s low wages and high home
prices. A fast food restaurant on El Camino Real would destroy that and lead to
further economic inequality and an impoverished neighborhood.
Item 10.a. - Page 197
I am asking the Planning Commission to consider these issues and deny the creation
of a Popeye’s at 727 El Camino Real. There are other tax generating projects the city
can look into that are more aesthetically pleasing and safe.
Sincerely,
Matthew Vasques
Item 10.a. - Page 198
1
Matt Downing
From:Sandra Bourbon
Sent:Wednesday, October 18, 2017 4:56 PM
To:Kristen Barneich
Cc:Jim Hill; Tim Brown; Barbara Harmon; Caren Ray; Jim Bergman; Matt Downing; Patrick
Holub; Debbie Weichinger; Teresa McClish
Subject:Purchase of city owned land and Popeye's
Hi Kristen,
Has the City of Arroyo Grande already entered into a sale's agreement with Popeye's to purchase the 10 lots at
El Camino Real and Faeh Avenue?
I am completely appalled that the City of Arroyo Grande would even propose putting a fast food drive thru
restaurant in this residential location (even if it is zoned mixed use). The city staff, Matt Downing, who is
pushing this so hard... Young man with a new young family... Do you really think he would be pushing this so
hard if it was "his" neighborhood and every time he walked out of his front door or opened a window, he
would be staring at and smelling Popeye's??? I don't think so.
There are much better locations for this fast food restaurant if the city really wants a Popeye's (ewww) in our
town.
One of the Planning Commissioner's stated that this is a "low income 'starter' neighborhood"..... So is their
reasoning, everyone is poor in that neighborhood, so who cares, we are going to diminish that neighborhoods
quality of life because they are already poor and it doesn't matter.... This is frustrating. This is the wrong
location for any drive thru fast food restaurant.
If the city wants to get rid of or develop that land so badly, why don't they work with the Housing Authority to
build affordable housing as they are doing with the lot on Halcyon?
Lan George and John Mack were against it, so was Terry Fowler Payne (more so and more vocal than any other
commissioners) and she voted to continue the meeting in December... I don't get it. The other 2 member that
were for it, were only for it with approximately 20 "conditions".... That alone speaks volumes.
The audience at last nights meeting was full of homeowners from that neighborhood in opposition of the fast
food restaurant. There was not one community member there "for" this project. The commissioner's said
they listen to the community, but do they really?
Thank you for being a member of the Arroyo Grande City Council and now I understand where your passion
has come from wanting to serve the community and secure the integrity of our little hometown of Arroyo
Grande.
Sincerely,
Sandra Hunstad Bourbon
Item 10.a. - Page 199
1
Matt Downing
From:Joanne Austin
Sent:Thursday, November 02, 2017 7:56 PM
To:Matt Downing
Subject:Popeye Restaurant
Dear Mr. Downing,
I called one day last week and had to leave a message. I received a message from you stating I should email or drop off a
letter to city hall regarding my thoughts on Popeye’s.
We do not live where the proposed Popeye’s is being considered although we have been residents of Arroyo Grande for
26 years.
Listen to the residents that live there. They do not want:
Traffic
Odors
Trash
Lighting
Noise
I suggest you park behind Food 4 Less when they are frying chicken and ask yourself if you would like that waifing into
your home. I am there most mornings at 7:00 a.m.
Park at Office Max when In‐N‐Out is open and smell their wonderful hamburgers….. I do love them, but would not want
that waifing into my home.
A resident spoke at the planning commission meeting and noted that Popeye’s are located in busy commercial areas,
not adjacent to neighborhoods. She listed several cities in California including Santa Maria, San Luis Obispo, Fresno, and
more. None are in residential areas.
It doesn’t matter that the property is zoned for commercial, that is NOT the right location. I suggest that you suggest to
Popeye’s that they look for a place along Grande Avenue.
The planning commission did the right thing recently by denying a permit to build a 13K sq. ft. home. The Popeye area
does not have the same income base as the people proposing the 13K sq. ft. home. Is this discrimination by allowing
Popeye’s and not allowing the 13K sq. ft. home? Some people could look at it that way.
Where do you live? Close to Popeye or perhaps I a little different neighborhood? Shame on the planning commission if
this project approved.
I will be waiting for a response from you regarding this project.
Sincerely,
Joanne Austin
Item 10.a. - Page 200
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HEALTHY EATING ACTIVE LIVING
San L~is Obispo Count;.•
COALITION PARTNERS:
Bike SLO County
Boys and Girls Club -South County
Cal Poly State University
Art and Design Department
Center for Sustainability
Food Science & Nutrition Department
Kinesiology Department
STRIDE
Cencal Health
City of San Luis Obispo Parks and Recreation
Community Action Partnership of SLO
Community Foundation of San Luis Obispo County
Dairy Council of California
Diringer & Associates
First 5 San Luis Obispo County
Food Bank Coalition of SLO County
French Hospital Medical Center
Lucia Mar Unified School District
One Cool Earth
Rideshare -Safe Routes to School
San Luis Sports Therapy
SLO Council of Governments
SLO County Departments:
Board of Supervisors
Health Commission
Planning and Building
Public Health
SLO County Office of Education
The Community Foundation SLO County
UC Cooperative Extension
YMCA of SLO County
November 3, 2017
TO: Matt Downing, Planning Manager -Arroyo Grande
FROM: HEAL-SLO -Healthy Communities Work Group
RE: Lot Merger No. 16-001 & Conditional Use Permit 16-008
The Healthy Communities Work Group has reviewed the proposed Lot
Merger and Conditional Use Permit to construct a fast-food restaurant
with a drive-thru in Arroyo Grande.
We would encourage healthy meals, safe bicycle and pedestrian access,
bicycle parking, efficient traffic flow around the restal,lrant, and outdoor
dining space. We do have a few concerns about the project, such as the
environmental effect of cars sitting idle in a drive-through line and the
potential for outdoor odor from the fried food. With that said, we applaud
the steps taken and changes made by the applicant to address concerns.
Clifton et al. studied the relationship between consumer behavior and
travel choices and found that customers that arrive by modes of
transportation other than automobiles, such as bicycling or walking, are
competitive and more frequent consumers (2012). Thus, there is incentive
to improve the bicycle and pedestrian infrastructure when moving
forward with this restaurant.
Thank you for the opportunity to review this project.
cc: San Luis Obispo County Health Commission
RECEIVED
NOV 0 9 2017
COMMUNITY DEVELOPMENT
CITY OF ARROYO GRANDE
Clifton , Kelly, et al. "Consumer behavior and t ra v s l ch oices: A focus on cyclists and pe destrians ." 92nd Annual Meeting of the
Transportation Research Board . Washington, DC. Vol. 14. 2012 .
HEAL-SLO is the SLO County obesity prevention coalition and its mission is to increase healthy eating and regular physical activity among County
residents through policy, behavioral and environmental changes. In carrying out that mission, a subcommittee called the Healthy Communities
Work Group provides responses to Planning staff from a healthy community's perspective on proposed land development projects, ordinance
and general plan amendments, and special projects. Item 10.a. - Page 201
Item 10.a. - Page 202
Item 10.a. - Page 203
Item 10.a. - Page 204
1
Matt Downing
From:Dave Aguallo
Sent:Monday, February 05, 2018 8:38 PM
To:Matt Downing
Cc:Dave Aguallo
Subject:Fast Food Restaurant 727 El Camino Real
To: planning Commision & City Council
From. Dave Aguallo
323 Bell Street Arroyo Grande Ca.
My name is Dave Aguallo and purchased Our home January, 2001.
My wife and our little girl at the time moved here from the Central Valley
to really enjoy where we spent several vacations in the past.
We were really challenged with a rough looking rundown 4 bedroom rental
With cyclone Fence and a yard that had never been taken care of.
There was a huge lot filled with 4 ft. weeds with a broken up pool filled with frogs and muddy water...
We were only looking at the size of home and saw a vision for our remodeling to make this our beautiful home
with a lot of our own work, money and several Years.
We have had our struggles with trucks & the park and ride people who have left trash in our flower beds and
trucks parked directly across from our home awaking my family at 3:00 and 4 and 5 am.
We fought for no trucking signs and limited 4 hour daily parking along side our curbs. With time and
persistence the City finally agreed with our letters and calls. This wasn’t until a truck had clipped our power and
cable with the truck and trailer that was above the legal height."
We have a very beautiful house now with granite & Tile and upgrades in every room. My yard is well
groomed and we all take pride here in our small neighborhood in what we have all invested in.
Now you are planning a fast food restaurant that would only bring more traffic and trash, loud trucks and RVs
to our neighborhood, Let alone the children and people who walk there dogs that would be in danger. Drivers
would be taking their shortcuts from Grande Ave through our neighborhood. This would be very unsafe and I
hope that you stop and consider when someone is hit or ran over you remember of how many empty businesses
could have been used on Grande Ave. instead of a small neighborhood of good tax paying people.
Cal Trans would take a long time to add that traffic light near McDonalds,
Which would add more traffic to Grande Ave. during all peaks of times.
The Halcyon exit and street cannot handle 6 -7 cars
Exiting the freeway that would multiply and create more accidents. furthermore
Create a traffic jam both on Halcyon and Camino Real....
I am appalled, that you have not really considered all traffic plans & equations
At all peak times with the growth and the Park & Ride and the correct time study’s.
I thank you for your consideration and hope that this project is moved to another location where both their
business and our neighborhood benefit.
Thank you,
Dave Aguallo
Item 10.a. - Page 205
1
Matt Downing
From:Toni Toni
Sent:Monday, February 05, 2018 6:20 PM
To:Matt Downing
Subject:Conditional use permit 16-008
Thanks for notifying residents in advance of the 2/6/18 traffic commission meeting regarding Popeyes.
I think the newly proposed entrance and exit to Popeyes at Halcyon Road is great if the City is planning to
make it a four lane street before Popeyes opens.
I would like to propose again the City of Arroyo Grande City Council adopts Criteria for Review of Drive
Through Uses such as the City of San Jose has (see link below). It is important that "primary ingress and
egress to drive through type parking lots should be from at least a four lane major street." Grand Avenue is the
place for drive through establishments until Halycon or El Camino Real is widened to four lanes. There is a lot
of land for sale on Grand Ave. I believe the Popeyes construction plans could easily be moved to Grand Ave
resulting in access to greater traffic flow and hence revenue to both the City and Ella Foods.
https://www.sanjoseca.govt/DocumentCenter/View/3877
In addition, after the City widens Halcyon or El Camino Real, I think the hours of any drive through should be
limited from 10am to 10 pm due to Residential noise restrictions on Faeh Ave.
Thank you for reading my comments again.
Anonymous resident of North Alpine Street
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Item 10.a. - Page 206
1
Matt Downing
From:Lisa Suddarth
Sent:Monday, February 05, 2018 4:15 PM
To:Matt Downing
Subject:Lot merger / Popeye's Chicken
Good morning Matt,
I am writing to bring your attention to the negative effects at stake with the proposed lot merge and development of the
corner of El Camino Real and Faeh.
Not only would this bring more traffic and lower our neighborhood's overall standard to that of a truck stop, but it will add
to the already problematic situation of trash and undesirable activity in our neighborhood.
I was traveling for work earlier this year, and discovered that in truckstops in the desert one finds Popeye's. Its not normal
nor good that you could possibly not realize that this should not happen. There are many other, more calm and decent
projects, such as offices, that could better fit those parcels. We are the western annex to the village of Arroyo Grande. Our
neighborhood is not a truckstop and the fact that there are already a few factors that have been put in place to steer our
neighborhood to that, it does not necessarily mean that you should to allow more.
The neighborhood has spoken and on Tuesday, they will be there again for the sole purpose of adding their urgent input
to this mistake your board is making with our neighborhood. You are in your position to look out for the best planning and
design of our city. Arroyo Grande is BETTER than most any place in the country. Do not allow for the degradation of our
quality of life and safety. We are not a ghetto city, and we are not a ghetto neighborhood.
Please deny this applicant. Be responsible to the citizens of the community.
The traffic problems are well known in the Brisco/El Camino Real/101 area. Adding this business, whose SOLE purpose is
to draw MORE traffic is NOT responsible and not good.
Separate from this email I am submitting photos of what has already become a serious problem in the El Camino Real
park and ride area. There is so much trash and although most of it is already McDonalds and other fast food trash (thrown
on the ground) you will see there is so much more that is indicative of undesirable activity in this area. We need solutions,
not additions to the problems.
Lisa Suddarth
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