PC 08.a. ACUP 15-001 Meadow CreekMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: @D
MATTHEW DOWNING, ASSISTANT PLANNER
SUBJECT: CONTINUED CONSIDERATION OF AMENDED CONDITIONAL USE
PERMIT 15-001, LOT MERGER 15-001, AND VARIANCE 15-001;
LOCATION - 880 OAK PARK BOULEVARD (APNs 007-771-053, -062,
AND -072); APPLICANT - RUSS SHEPPEL
DATE: MARCH 3,2015
RECOMMENDATION:
It is recommended that the Planning Commission consider the proposed modifications
to an approved project for an approximately 55,000 square-foot memory care facility
and assisted living facility and make a recommendation to the City Council.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There would be additional City costs of approximately $200 per month associated with
landscape and pedestrian path maintenance within the creek setback area if the City
accepts the offer of dedication.
BACKGROUND:
This project is an integral part of a prior Planned Development (PD-1.1) area, and
therefore requires City Council action to amend the previously approved plan.
The project site is located within the Oak Park Professional Plaza (the "Plaza") on the
southeast corner of James Way and Oak Park Boulevard in the Office Mixed-Use
(OMU) zoning district. The 3.74-acre Plaza is developed with two medical office
buildings and a health club (Kennedy Club Fitness). Surrounding the Plaza is a church
to the North, the Best Western Casa Grande Inn to the South, Meadow Creek and
Leisure Gardens condominiums to the East, and commercial development within the
City of Pismo Beach to the West. The 1.8 acre site is constrained by an existing access
from James Way and a fifty-foot (50') setback from Meadow Creek, leaving a narrow
strip approximately forty-feet (40') wide for development.
On January 28, 2014 the City Council adopted Resolution No. 4565 approving
Conditional Use Permit 12-002, Variance 12-004, and Amended Vesting Tentative Tract
Map Case No. 12-001 (Attachment 1). These approvals allowed the construction of a
55,000 square-foot memory care facility and eight (8) townhomes (see Sheet Al.O of
Attachment 14 for the approved site plan). The project also included a thirty-five foot
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(35') setback from the top of the Meadow Creek bank. During processing of the
permits, it was discovered that several private easement issues exist on the project site
to the benefit of several of the other businesses in the area, including the Best Western
Casa Grande Inn. Deliberations included the need to address and resolve these
easement issues prior to construction of the project.
The applicant is requesting an amendment to the approved project. This includes
modifying the ingresslegress routes on the site, parking space numbers and locations,
assisted living facility design and location to the Meadow Creek top of bank, and
changing the approved townhomes to an independent living facility.
PLANNING COMMlSSlON
CONTINUED CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15-001,
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The proposed project encompasses the same 1.8 acres as the previously approved
project. The site is generally bordered by Kennedy Club Fitness and the Sheppel
Medical Center to the north, another medical facility to the west, Casa Grande Inn and
Kmart to the south, and Meadow Creek and a residential development to the east. The
property is zoned Office Mixed-Use (OMU). The site also slopes from Oak Park
Boulevard to Meadow Creek.
Staff Advisory Committee
The Staff Advisory Committee (SAC) reviewed the proposed project amendment on
January 14, 2015. Members of the SAC discussed different issues related to the
project, including ensuring proper turning radius from James Way for the Five Cities Fire
Authority, proper signage to allow improperly parked vehicles to be towed, and location
and maintenance of the creek side path. Overall, members of the SAC were in support
of the proposed project amendment and conditions of approval have been included in
the proposed Resolution.
Architectural Review Committee
The Architectural Review Committee (ARC) reviewed the proposed project on February
2, 2015 (Attachment 2). Committee members discussed issues surrounding the
implementation of Low Impact Development features as much as possible on site,
maintaining the assisted living building at the previously approved 37' height limit
instead of the proposed 39', the need to install the creek side path during construction
of the project, and the need for the use in the community. The ARC recommended
approval of the project with conditions addressing the maximum height of the building
and creek setback reduction. Staff has added these to the previous ARC conditions
that have not yet been addressed by the applicant and included them in the proposed
Resolution.
Planning Commission
A public hearing bv the Planning Commission was noticed for the February 17, 2015 - -
meeting. Due to last minute obiections by a neighboring property owner ihat raised
concerns for staff, the public hearing was continued to a date certain of March 3, 2015.
Prior to continuing the public hearing, Commissioners asked for clarifications on several
items, including traffic circulation, parking demands and provisions, and easement
clarifications.
ANALYSIS OF ISSUES:
Proiect Description
The applicant is proposing to modify portions of the previously approved mixed-use
project to construct a 55,000 square-foot assisted living and memory care facility with
70 beds and a 16-bed independent living facility of approximately 16,000 square-feet.
The independent living facility is replacing eight (8) townhomes previously approved for
the westernmost parcel being developed. The project will be phased, with Phase I
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consisting of the assisted livinglmemory care facility and Phase II consisting of the
independent living facility.
Phase I
Phase I consists of a 70-bed assisted livinglmemory care facility in a single structure.
The memory care facility will include an Alzheimer's care wing while the remainder of
the units will be utilized for assisted living. In total, the proposed project includes
twenty-six (26) Alzheimer units and forty-four (44) assisted living units. Other uses
proposed for the building include dining and activity areas for the different resident
types, offices, and outdoor sitting and garden areas. The only change proposed by the
applicant regarding the building is the addition of one bed, but overall building square-
footage is not changing.
The memory care facility will be located across the two southernmost parcels adjacent
to Meadow Creek. A lot merger is required as structures are not permitted to be built
across lot lines.
Phase ll
Phase II consists of replacing the approved %-unit townhome project with a 16-unit
independent living facility. Each independent living unit will be approximately 650
square-feet, including separate living, kitchen, and bedroom areas. The ground floor of
the building, which was utilized for tandem parking in the townhome project, will include
laundry and maintenance facilities for the project. Although originally proposed to be
thirty-nine feet (39') in height, the applicants have revised the plans so that the building
height is 37' 7", which is 2' above the maximum height allowed in the Office Mixed-Use
zoning district. The current entitlement was approved with a building height of 37';
however, a variance was required for building height. Therefore, the variance is also
requested to be amended to accommodate the 37' 7" building height. During the
February 2, 2015 review, the ARC recommended a condition of approval that requires
the building to maintain the previously approved height of 37'. The applicant has
indicated this can be accomplished through slight modifications to building design, if
reinforced by the Planning Commission and Council.
Architecture
The memory care facility will still utilize several different materials including a mixture of
cement fiber lap siding and smooth cement plaster in green and beige hues, cement
fiber trim in a brown hue, and Eldorado stone river rock will be used on some of the
lowest portions of the building as well as accent columns near the building base. The
applicant is proposing to modify the massing of the building to be more uniformly
rectangular with consistent heights across the length of the building. The design
modification helps accommodate improved site circulation.
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The elevations included for the independent living facility show the applicant plans to
continue with similar architecture compared to the townhome component of the
approved project, with the inclusion of Eldorado stone river rock bases, smooth plaster
siding in a more pastel earth tones. The structure will have somewhat reduced
fenestration, given that the structure will not include individual townhomes, but wall
planes will remain offset to provide massing relief on the building. The applicant has
indicated the purpose of the change in architecture between the buildings is to show
that they are two separate uses, but carry enough similar features to show that they are
related.
Creek Setback
The project site sits adjacent to the Meadow Creek tributary. Municipal Code
Subsection 16.44.050.D.l.a.ii requires a setback of 50' for Meadow Creek. As part of
the previous approval, that City Council approved a variance from the setback
requirement, resulting in a 35' building setback measured from the top of the creek
bank, which was determined to be at the seventy-one foot (71') elevation line
(Attachment 3). In order to accomplish site circulation and parking goals, the applicant
has indicated that additional encroachment into the creek setback is required and is
requesting a creek setback of 32' from the top of the bank. The current entitlement was
granted in light of a previous entitlement with a creek setback of 25', the codified
setback for Meadow Creek at that time. Because the previous entitlement could have
been constructed at the 25' setback, the City Council granted a variance for the
reduction of the current 50' creek setback to the 35' distance.
Municipal Code Section 16.44.050 sets forth regulations for creek protection. The
purpose of the setback requirement is to protect biological resources, help prevent
erosion and sedimentation (flood control), provide open space amenities, and where
feasible, to provide for passive recreational opportunities such as pedestrian trails. The
Municipal Code specifically identifies fences and other structures, such as projecting
decks and support structures, as being allowed within the creek setback area, so long
as the structures allow wildlife passage and unimpeded flow of water. The placement of
patios and similar outdoor sitting areas has also been allowed so long as materials used
allow for the percolation of stormwater into the ground.
In reviewing a variance for creek setback, impacts to biological resources should be
considered. The existing site is covered with a high proportion of ruderal species that
have established since site grading and fill was performed as part of the Plaza
development. As outlined in the Wetland Mitigation Plan prepared by Morro Group, Inc.
and previously approved by the Army Corps of Engineers, which is referenced in the
Initial Study adopted for the approved project, a substantial amount of riparian
revegetation is required and will significantly enhance the health of the riparian habitat
on the project site adjacent to Meadow Creek. The applicant is required to provide
correspondence from the Army Corps of Engineers that the reduced setback is
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acceptable, which is expected prior to construction activities at the site if the amended
project is approved. Additionally, to ensure the public enjoyment and use of the riparian
area and assist the City in completing the trail segment, a condition of approval has
been included that requires the applicant to design the entire segment of pedestrian trail
to the satisfaction of the City, while constructing the portion of the trail residing on the
subject property.
Parkinq
Municipal Code Requirements
Arroyo Grande Municipal Code (AGMC) Section 16.56.060 sets forth parking
requirements based upon proposed use. Assisted living uses require a minimum of one
(I) uncovered parking space for every three (3) beds in the facility. Based upon these
requirements, the proposed 70-bed facility requires twenty-three (23) parking spaces.
In addition to the 23 parking spaces required for residents, one (I) space is required for
every employee on the largest shift. According to information provided by the applicant,
a maximum of twenty (20) employees on the largest shift would require an equal
amount of parking. Therefore, the total amount of parking required for the memory care
facility is 43 spaces.
For the one-bedroom independent living units, the AGMC requires one (1) covered
space per unit. Therefore, sixteen (16) covered parking spaces are required; however,
the requirement for covered parking can be waived though consideration of the
Conditional Use Permit. The parking required for both Phase I and Phase II totals fifty-
nine (59) spaces. The following table summarizes these requirements:
Table ...... 1: -. Meadow . - .... Creek ..... .. Development . ........ Parking ... Requirements ............. ... ....... .- - -.
Municipal Code Requirement Project Details . - ...... ......... . . ... ... ..... spaces Required
1 Assisted Living - 1 space13 beds / 70 beds 1 23 spaces
/ Independent Living - 1 covered / 16 rooms / 16 spaces
Parking to be Provided
On the three lots proposed for development, the applicant has indicated they will
construct seventy-four (74) parking spaces in conjunction with the development (see
Sheets A1.5 and A1.6 of Attachment 15 for visual explanation of existing spaces being
removed, replaced, and new parking). The applicant is indicating twenty-six (26) of
these spaces will be restricted for use by the Meadow Creek development itself (see
Sheet Al.1 of Attachment 14). Additionally, the applicant is indicating eighteen (18) of
the spaces are dedicated to be shared by the Casa Grande Inn and the Meadow Creek
development. The shared parking is part of a parking easement benefitting the hotel
property. In total, forty-four (44) new spaces will be designated in some fashion for use
spaceiroom --
I 1 spacelemployee on largest shift
Total
20 employees 20 spaces
59 soaces
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by the Meadow Creek development. The thirty (30) remaining spaces will be open for all
Plaza users.
Table ... ....... 2: Meadow Creek Development Parking ......... . -. -. - .. - .... .....................
Parking Dedication ......... .... ......... .......... - .... Number of Spaces
The parking being dedicated to the Meadow Creek development constitutes a 25%
reduction in parking when looking only at the spaces dedicated to Meadow Creek, but
an excess of fifteen (1 5) spaces when considering all shared parking being developed
in conjunction with the project.
Meadow Creek dedicated
Shared Parking with Hotel
Since the previous Planning Commission meeting, staff has had time to review the
recently executed agreement between the applicant and the Casa Grande Inn property
owner with regard to the parking easement on the subject property. The agreement
states that the eighteen (18) shared spaces are primarily for the benefit of the Casa
Grande Hotel but can also be used by Meadow Creek, as available. This would appear
to meet the City's definition of shared parking, which is set forth in AGMC Section
16.04.070 as a situation where the same parking spaces can be utilized by two or more
different uses due to the differing peak hours of operation of the uses involved.
Additionally, AGMC Section 16.56.050 states that common parking facilities may be
provided in lieu of individual requirements if the total number of spaces is the sum of the
requirements for individual uses and located within five hundred feet (500') of the use.
In this case, the shared parking would be available for the two uses and although they
could be used by either, as available throughout the day, it would be anticipated that the
hotel's peak use would be in the evening and overnight while Meadow Creek's peak use
would be during the day when residents are awake.
Meadow Creek spaces shared with Casa Grande Inn
Plaza shared spaces
Total
If the Planning Commission determines this proposed setup does not meet the intent of
the shared parking definition, it may not be appropriate to count the eighteen (18)
shared spaces toward meeting Meadow Creek's parking requirements. If the
Commission thinks it inappropriate to count the spaces, Meadow Creek would be
providing 26 dedicated spaces of the fifty-nine (59) required, which is a 56% reduction
in required parking.
18 spaces
30 spaces
74 spaces
If the Planning Commission determines the eighteen (18) parking spaces shared with
Casa Grande inn should not be counted toward fulfilling the parking requirements of the
project, but would consider the thirty (30) non-designated spaces as counting toward
the requirements, a total of fifty-six (56) spaces would be provided. This corresponds to
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PAGE 8
a parking reduction of five percent (5%). A parking reduction greater than 20% but less
than a maximum of 30% requires a full parking study prepared by a licensed engineer
or architect that clearly shows the uses have different hours of operation and would not
conflict in their time of use.
Plaza Parkinq
As part of the original approval for the Plaza, a Master Plan was developed that
established shared access, parking and drainage easement agreements, which connect
all six (6) parcels. During approval of Conditional Use Permits 98-573 (Kennedy Club
Fitness) and 98-572 (860 Oak Park Medical), a traffic impact and parking study was
completed by Penfield & Smith (1999) that discussed parking demands of the proposed
uses (Attachment 4). The study utilized Institute of Transportation Engineers (ITE) and
Urban Land Use (ULI) parking data based upon time of day usage to determine the
adequacy of parking for the two medical offices and fitness center (reference Page 6 of
the study). The approved required parking for the medical office buildings and Kennedy
Club Fitness was 140 spaces.
After the Kennedy Club Fitness Center and second medical office building (860 Oak
Park Boulevard) were occupied, a series of issues and disputes arose with regard to
parking. Following a series of meetings by the Planning Commission in 2003 and 2004,
a follow-up study was completed by Orosz Engineering Group, Inc. (OEG) that
investigated the parking space occupation and utilization at the Plaza (Attachment 5).
The reported parking issue at the Plaza was lessened following the implementation of
several recommendations from the study and the Planning Commission's review of the
Plaza. These included designating several spaces as having exclusive use for the
medical offices during particular hours, enforcement and management of parking
restrictions, and encouraging employees to park elsewhere. During permit processing
for the currently entitled project, OEG submitted analyses supporting that project based
on proposed parking supply and demand at the Plaza (Attachment 6). The applicants
have provided an updated parking summary that shows the proposed project has less
parking demand than previous projects based on ULI parking data (Attachment 7).
Currently, 146 parking spaces are provided between the medical office uses, Kennedy
Club Fitness, and improved parking on the project site, with certain amounts restricted
for use by the medical offices during daytime hours, as previously discussed. In total,
199 spaces are required for the Plaza under the approved required parking for the
existing development and the Municipal Code requirements for the proposed project. A
grand total of 193 parking spaces will be located at the Plaza, which constitutes a three
percent (3%) mixed-use parking reduction. The following table summarizes parking at
the Plaza. An expanded discussion on plaza parking is included in Attachment 8.
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PAGE 9
,re- -. . \--- - 1 Farro Building (Sheppel 2
- / 44 spaces 1 146 spaces
removed for 1 (27 spaces)
Medical Building)
Traffic
The City's Traffic Impact Study Policy states that a complete and thorough study will be
required for a development proposal when the projected trip generation during peak
hour is equal to or greater than 20 trips, using the trip generation rates provided in the
San Diego Association of Governments (SANDAG) Trip Generation manual. This does
not take into account the uses already established on a site and only looks at the traffic
generation of the proposed uses. Based on SANDAG traffic generation rates, the
entitled project was anticipated to generate 19.62 PM peak-hour trips, which is below
the 20 peak-hour trips threshold that requires a traffic study. The proposed amended
project is anticipated to generate 18.03 PM peak-hour trips, less than the previously
approved project, and therefore would have less impact than the approved project.
1
Access
Two points of ingress and egress currently exist for the Plaza. Due to safety concerns
regarding egress from the site at two points in such close proximity, the City Council has
directed that one of the driveways be limited to ingress only. The approved project
limited the lower driveway adjacent to the care facility for ingress only, while the upper
driveway was for ingress and egress purposes. Due to private access easement issues
benefiting the Casa Grande Inn, the applicant proposes to revise the site circulation to
limit the upper driveway to ingress only while allowing ingress and egress on the lower
driveway. This will allow for improved site circulation, and particularly bus and truck
circulation coming from Casa Grande Inn.
Kennedy Club Fitness 1 58 spaces
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PAGE 10
The updated circulation study supplement provided by the applicants (refer to
Attachment 7) references the previous traffic and circulation studies prepared for the
Plaza, including the 2006 OEG study (Attachment 9). With regard to having both
driveways open to provide full ingress and egress, the current study confirms staff's
concerns regarding the increased number of potential conflict points resulting from
multiple egress points in such close proximity. However, the report also says that full
movements from the two driveways would reduce the number of vehicles circulating the
interior of the site. Staff would still recommend limiting egress to the lower driveway
only to reduce conflict potential. Other driveway configurations would require review by
the City Engineer.
DensitV
Density equivalencies for mixed-use districts are set forth in the density equivalency
table in Development Code Section 16.36.030.C (set forth below). This table dictates
the density equivalency of residential units within mixed-use districts.
The proposed project includes sixteen (16) one-bedroom independent living units, forty-
four (44) studio and single-bed assisted living units, and twenty-six (26) studio and
single-bed Alzheimer's care units. These unit types, along with their density
equivalency are shown in the following table:
Table 4: Density Equivalencies
Table 5: Proiect Densities
Residential Dwelling Unit Type
Live~Work Unit
Studio
. - - . - - . . - - - - - - . . - . -. - - -. / Unit Type / Units Proposed - / Project ensi it^ Equivalent 1
Density Equivalent - -
.5
.5
~ ~ ~~ ~
heirner's Care - I-Bedroom / 6 / 4.5
Total Proposed Density Equivalency 1 59
1 -bedroom
2-bedroom
3-bedroom
4-bedroom
Ind. living - I-Bedroom
Assisted Living - Studio
Assisted Living - I-Bedroom
Alzheimer's Care - Studio
Municipal Code Table 16.32.50-8 notes that the maximum allowable density for
congregate care, assisted living, and convalescent living arrangements shall be thirty-
.75
1
1 1.5
2
16
2
42
20
12 1
1
31.5
10
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PAGE 12
four (34) dwelling units per gross acre. The total area of the sites being developed is
approximately 1.80 acres. Maximum density of the project site totals 61 dwelling units.
The proposed density is less than the maximum allowed under the Municipal Code.
Landscapinq
The applicant has included conceptual landscape plans (see Sheets L1.O and L2.0 of
Attachment 14). In general the landscaping plan has been bolstered with many drought
tolerant species, including screen shrubs, accent shrubs and grasses, succulents, sun
and shade tolerant shrubs, and spreading ground cover. When the landscape plan was
reviewed by the ARC, members were happy with the plant selections and
recommended only to have staff review the final planting plan to ensure conformance
with the conceptual plan,
Development Standards - Office Mixed-Use (OMUl
The proposed project is subject to the Office Mixed-Use (OMU) Development Standards
(AGMC Section 16.36.020), General Mixed Use Development Standards (AGMC
Section 16.48.065), and density standards found in various areas of the Development
Code. Note that most of these standards have been written to allow flexibility to
compensate for site constraints and allow for more creative design and an overall better
project than through conventional zoning. Below are the development standards for the
OMU District. The approved project met all OMU standards with a couple of
exceptions.
horizontal mixed-use
project area or 50% of
rds
59 density
equivalent
units
75%, or 39.6
dwelling units
...
None
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/ Townhomes:
! -150 feet
i
78,408 sq. ft. Care
Facility:
-52,000 sq.
ft.
Town homes:
1 132-1 246
sq. ft. (Site:
-26,000 sq.
ft.
Care
Facility:
-1 20 feet
4. Minimum 10,000 sq. ft (20,000
Lot Size sq. ft for residential)
I
Lots required
to be merged
construction
and design / purposes
5. Minimum
Lot Width
100 feet
6. Front
Yard
Setback
Care
Setback Facility: 7-9
feet
Townhomes:
1 Townhomes:
sq. fi.
, for outdoor dining , determined through Townhomes:
discretionary review. / -12 feet
0 - 10 feet. Exceptions
may include entrance
courtyards and areas
b. Street
I I I I / 0 - 15 feet. Exceptions / NIA 1 N/A / None
I
None
! I
-10'
8. Side Yard
None
I
Care
Facility: 17-
20.5 feet
None
ft .
17' 6
i -12 feet
requirements 1 I
I
0 - 5 feet
Setback
Care
Facility:
-52,000 sq.
Varies but
complies with
OMU
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PAGE 13
I
Creek
Setback required for
reduced creek
setback from
50' to 32'
I Setback
10. Building
Size
Limits
11 .Site
Coverage
and Floor
Area
Ratio
Parking
Require-
ments 1
Amended Conditional Use Permit
An amendment to the conditional use permit is required for the change from multifamily
housing to independent living and one (1) unit expansion of the assisted living facility.
outdoor dining or
architectural/landscape
features
determined through
discretionary action. --
Maximum height for
mixed residential
/commercial use is 35
feet or three stories,
whichever is less.
Maximum building size
is 50,000 sq. ft.
Care
Facility:
-55,000 sq.
ft. - 37 feet in
height (2
stories with
measured from
average
finished
ground level to
roof, minus
vents, etc.
Standards
written for
flexibility ' ' . in site '
development
standards
through CUP
1 process
See discussion
on parking 1
Care
Facility:
: -55,000 sq.
ft. -39' (2
stories with
basement)
Three-story building
components allowed
only with substantial
transitional space
andlor lower story
elements adjacent to
residential districts1
uses.
Maximum coverage of
site by structures is
70%
Maximum Floor Area
Ratio is 1
Building
greater than
50,000 sq. ft.
approved
through CUP
basement) 1 Building height
l 56 spaces
, 59 spaces
I
I i
Ind. Living:
Townhomes: -16,000 sq.
1132-1246 lft. -33' (2
sq. ft. - 29
feet in height
(2 stories
with
i basement)
Care
Facility:
-42%
coverage
1.05 FAR
Townhomes:
-36%
coverage
0.37 site FAR
' stories with
basement
-32%
coverage
0.85 FAR
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MARCH 3,2015
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The proposed Amended Conditional Use Permit will allow the construction and
operation of the 70-bed assisted livinglmemory care facility as well as the sixteen (16)
unit independent living facility.
Variance
The proposed project requires a variance for the reduction of the setback from Meadow
Creek from fifty feet (50') to thirty-two feet (32'). The previously entitled project included
a creek setback of thirty-five feet (35'). The purpose of a variance is to provide flexibility
from the strict application of development standards when those standards would result
in a practical difficulty or unnecessary hardship resulting from special circumstances
pertaining to the property, such as size, shape, topography or location deprives such
property of privileges enjoyed by other property in the vicinity. The findings required for
approval, which staff has included in the attached Resolution, are centered on this
purpose. Because of the narrow shape of the subject property, the fifty foot (50')
setback from Meadow Creek would reduce the buildable lot width significantly.
Additionally, as discussed in the creek setback section of the staff report, the significant
amount of invasive species removal and revegetation resulting from the development
will greatly enhance the health and function of the riparian area, one of the goals of the
creek setback provisions.
Lot Mercler
The proposed project amendment requires a lot merger due to the development
spreading over three existing parcels. Although a tentative map was included in the
approved project, it is not required in the proposed project. Because the memory care
facility will cross existing lot lines and the independent living facility is constructed
adjacent to lot lines, lot merger is needed.
General Plan
The project is consistent with the following General Plan objectives and policies:
Land Use
LU5: Community commercial, office, residential and other compatible land uses 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. (The project site
is within walking disfance to shopping and restaurants within the K-Mart shopping
center and across Oak Park Blvd. in the Pismo Beach commercial center.
Kennedy Club Fitness provides recreational amenities).
PLANNING COMMISSION
CONTINUED CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15-00?,
LOT MERGER 15-001, AND VARIANCE 15-001
MARCH 3,2025
PAGE 15
LU5-3: Ensure that all projects developed in the MU areas include
appropriate site planning and urban design amenities to encourage travel by
walking, bicycling and public transit. (Given its proximity to shopping and public
transit at the Kmart center, the project encourages multi-modal forms of
transportation, including walking and/or cycling).
LU5-11: Promote a mixture of residential and commercial uses along Mixed
Use corridors including substantial landscaping and streetscape improvements.
(The project adds a needed residential development to existing and compatible
office and recreational uses. Proposed landscaping within the project area along
James Way, within the open space parcel and along the creek will enhance the
overall look of the existing commercial area).
ALTERNATIVES:
The following alternatives are provided for the Planning Commission's consideration:
Adopt the attached Resolution recommending the City Council approve
Amended Conditional Use Permit 15-001, Variance 15-001, and Lot Merger 15-
001 ;
Modify and adopt the attached Resolution recommending the City Council
approve Amended Conditional Use Permit 15-001, Variance 15-001, and Lot
Merger 15-001 ;
Do not adopt the attached Resolution, provide specific findings and direct staff to
return with a Resolution recommending the City Council deny the project; or
Provide direction to staff.
ADVANTAGES:
The proposed project provides a much needed health care service and housing option
to elderly residents and those in need of special medical care in the area. The project
will be required to provide pedestrian access near Meadow Creek and restoration of
important riparian habitat along the project frontage. The project is more compatible
with existing uses at the Plaza and neighboring sites.
DISADVANTAGES:
The proposed project will further reduce the building setback from Meadow Creek from
the previously approved thirty-five feet (35') to thirty-two feet (32'). The project will
further intensify uses at the Plaza, adding traffic and demand for parking. However, in
comparison to the current entitlement, the proposed project rectifies access and parking
easement issues, has a reduced anticipated traffic demand, and is more consistent with
the existing uses on the site.
ENVIRONMENTAL REVIEW:
The City Council previously adopted a Mitigated Negative Declaration for the entitled
project on January 28, 2014 (Attachment 10). Staff has reviewed the proposed project
PLANNING COMMISSION
CONTINUED CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT 15-001,
LOT MERGER 15-001, AND VARIANCE 15-001
MARCH 3,2015
PAGE 16
amendment in accordance with the California Environmental Quality Act (CEQA)
Guidelines and has prepared a Draft Addendum to the Mitigated Negative Declaration
(Attachment 11).
PUBLIC NOTICE AND COMMENT:
A Notice of Public Hearing was sent to all property owners within 500' of the project site,
posted at City Hall, on the City's website, and in the Tribune on February 6, 2015. At
the February 17, 2025 Planning Commission meeting, the public hearing was continued
to a date certain of March 3, 2015. Although comments in opposition of the project
were received by the hotel owner were received prior to the previous meeting
(Attachment 12), staff has received additional correspondence withdrawing those
objections for the proposal (Attachment 13).
ATTACHMENTS
1. City Council Resolution 4565
2. Draft February 2, 2015 ARC Minutes
3. Top of Bank Study by TriadIHolmes Associates, dated June 1, 2004
4. Traffic and parking study completed by Penfield &Smith dated June 2, 1999
5. Parking lot operation monitoring results from Orosz Engineering Group, Inc.
dated April 30, 2004
6. Letter from Orosz Engineering Group, Inc. (OEG), dated June 3, 2013 in
support of the proposed project as it relates to traffic and parking
7. Memorandum from Central Coast Transportation Consulting dated February
20, 2015 regarding traffic and parking for the proposed project
8. Expanded parking discussion
9. Memorandum from OEG dated April 26, 2006 regarding James Way driveway
monitoring
10. Adopted Initial StudyIMitigated Negative Declaration - Meadow Creek Care
Facility Project
11. Addendum to CEQA Initial StudyIMitigated Negative Declaration - Meadow
Creek Care Facility Project
12. Letter from Glick & Haupt, LLP on behalf of Ray Bunnell, dated February 12,
201 5
13. Letter from Glick & Haupt LLP on behalf of Ray Bunnell, dated February 18,
201 5
14. Project plans (previously distributed and available for public review at City
Hall)
15. Project plan supplement sheets (available for public review at City Hall)
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE ClTY OF ARROYO GRANDE RECOMMENDING THE
ClTY COUNCIL APPROVE AMENDED CONDITIONAL USE
PERMIT CASE NO. 15-001, VARIANCE CASE NO. 15-001,
AND LOT MERGER CASE NO. 15-001 FOR THE
CONSTRUCTION OF AN APPROXIMATELY 55,000
SQUARE-FOOT, 70-BED ASSISTED LlVlNGlMEMORY
CARE FACILITY AND SIXTEEN (16) UNIT INDEPENDENT
LIVING FACILITY; LOCATED AT 880 OAK PARK
BOULEVARD (SOUTHEAST CORNER OF OAK PARK
BOULEVARDIJAMES WAY INTERSECTION); APPLIED
FOR BY RUSS SHEPPEL
WHEREAS, on January 28, 2014, the City Council adopted Resolution No. 4565
approving Conditional Use Permit 12-002, Variance 12-004 and Amended Vesting
Tentative Tract Map 12-001 for the subdivision of 1.8 acres into ten (10) lots and
authorizing the development of an approximately 55,000 square-foot, 69-bed assisted
livinglmemory care facility and eight (8) townhomes on real property, located at 880 Oak
Park Blvd., Arroyo Grande, CA (the "subject property"); and
WHEREAS, Russ Sheppel (the "applicant") has submitted new applications to amend
the entitled project for a 55,000 square-foot, 70-bed facility with 44 beds proposed for
assisted living use and 26 beds proposed for Alzheimer's care use and a sixteen (16) unit
independent living facility; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
project in compliance with the California Environmental Quality Act (CEQA), the State
CEQA Guidelines, and the Arroyo Grande Rules and Procedures for implementation of
CEQA and has reviewed the Addendum to the adopted Mitigated Negative Declaration;
and
WHEREAS, the Planning Commission has reviewed and considered the project at a duly
noticed public hearing on February 17, 201 5; and
WHEREAS, the Planning Commission continued consideration of the project to a date
certain of March 3, 2015; and
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan,
RESOLUTION NO.
PAGE 2
and the development policies and standards of the City.
The proposed assisted living facility and memory care facility as well as
independent living is allowed in the Ofice Mixed-Use (OMU) zoning
district per section 76.36.030 of the Municipal code and is consistent with
development standards for the OMU zoning district per Municipal Code
Section 16.36.020.H with concurrent approval of a variance for creek
setback reduction from fifty feet (503 to thirty-two feet (32)' and a lot
merger.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed assisted living and memory care facility as well as
independent living facility would not impair the integrity or character of the
Office Mixed-Use zoning district, as it is consistent with the stated
purposes of the OMU zoning district per Municipal Code Section
16.36.020. H.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is 1.8 acres in area in a mixed-use development, which is
permiffed in the Office Mixed-Use zoning district and meets applicable
development standards, excepting maximum building size, which was
previously approved by Conditional Use Permit 12-002 and the minimum
creek setback allowed by Variance 15-001.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
Adequate capacity for wafer, sanitation and public utilities and services
exist to serve the project; therefore, public health and safety will not be
impacted.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity.
Impacts associated with the proposed use have been adequately
mitigated to ensure the use will not be detrimental to the public health,
safety or welfare nor will it be materially injurious to properties and
improvements in the vicinity.
RESOLUTION NO.
PAGE 3
Variance Findings:
1. That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary hardship not
otherwise shared by others within the surrounding area.
The strict enforcement of the fiffy foot (507 creek setback would require
the complete redesign of the facility and cause further parking and access
impacts, resulting in a practical difficulty or unnecessary hardship not
otherwise shared by others within the surrounding area.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property
that do not apply generally to other properties classified in the same zone.
The very narrow shape of the property makes imposition of a fifty foot
(503 setback from the top of creek bank an extraordinary condition that
does not generally apply to other properties in the Office Mixed-Use
(OMU) zoning district.
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of privileges enjoyed by the owners
of other properties classified in the same zone.
Strict enforcement of the fifty foot (503 creek setback would deprive the
applicant of privileges enjoyed by owners of other properties in the Office
Mixed-Use (OMU) zoning district due to the narrowness of the property,
4. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone.
The granting of the variance will not constitute a grant of special privilege,
as few properties within the OMU zone are impacted by lot narrowness
and large creek setback requirements as the subject property.
5. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
The granting of the variance will not be detrimental to the public health,
safety or welfare, nor will if be materially injurious to properties or
improvements in the vicinity as the building will be constructed in
accordance will all applicable California Codes and additional impacts
associated with the proposed use have been adequately mitigated to
RESOLUTION NO.
PAGE 4
ensure this.
6. That the granting of a variance is consistent with the objectives and
~olicies of the General Plan and the intent of this title.
The granting of the variance is consistent with the objectives and polices
of the General Plan (Land Use Element LU5, LU5-I, LU5-3, and LU5-I I)
and the intent of the Development Code (Section 16.44.050.A).
Lot Merger Findings:
I. Merged lots should comply wherever feasible with the minimum lot size,
lot width, and lot depth requirements of the zoning district in which it is
located.
The proposed project would merge three (3) lots into one (I) and the new
lot would be conforming to the OMU zoning district development
standards for size, lot width, and lot depth.
2. Adequate access and placement of easements shall be provided.
Access to fhe single lot resulting from the lot merger would be maintained
from James Way.
Required CEQA Findings:
1. The City of Arroyo Grande had previously prepared an initial study
pursuant to Section 15063 of the Guidelines of the California
Environmental Quality Act (CEQA), for Conditional Use Permit 12-002,
Variance 12-004, and Amended Vesting Tentative Tract Map 12-001.
2. Based on the initial study, a Mitigated Negative Declaration was prepared
and adopted by the City Council on January 28, 2014. A copy of the
Mitigated Negative Declaration and related materials is located at City Hall
in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and
considering an Addendum to the adopted Mitigated Negative Declaration,
the Planning Commission finds that there is no substantial evidence of
any significant adverse effect, either individually or cumulatively on wildlife
resources as defined by Section 71 1.2 of the Fish and Game Code or on
the habitat upon which the wildlife depends as a result of development of
this project.
RESOLUTION NO.
PAGE 5
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council consider the Addendum to the
Mitigated Negative Declaration and approve Amended Conditional Use Permit 15-001,
Variance 15-001, and Lot Merger 15-001, as presented to the Planning Commission on
February 17, 2015 and as shown in Exhibit "B, on file in the Community Development
Department, with the above findings and subject to the conditions as set forth in Exhibit
"A, attached hereto and incorporated herein by this reference.
On motion by Commissioner , seconded by Commissioner , and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 3rd day of March, 2015.
ATTEST:
DEBBIE WEICHINGER,
SECRETARY TO THE COMMISSION
AS TO CONTENT:
LAN GEORGE,
CHAIR
TERESA MCCLISH,
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 6
EXHIBIT 'A'
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001,
AND LOT MERGER 15-001
880 OAK PARK BOULEVARD
The approval authorizes the merger of a three (3) lots into one (1) 1.8-acre lot, and
development of a 55,000 square-foot, 70-bed residential care facility and sixteen (16)
unit independent living facility. Also approved is a reduction of creek setback
requirements to thirty-two feet (32') from the top of creek bank and a maximum building
height of 37'.
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Amended Conditional
Use Permit 15-001, Variance 15-001, and Lot Merger 15-001.
3. This approval shall automatically expire on February 17, 2017 unless the lot
merger is recorded or an extension is granted pursuant to section 16.12.140 of
the Development Code.
4. The applicant shall agree to indemnify and defend at hislher 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 hisiher obligations under this
condition.
5. Development shall occur in substantial confornlance with the plans presented to
the Planning Commission at the meeting of February 17, 2015.
6. Development shall conform to the Office Mixed-Use (OMU) zoning district
standards except as otherwise approved.
7. All conditions of approval and mitigation measures for the project shall be
included in construction drawings.
SPECIAL CONDITIONS:
8. The lot merger shall show an irrevocable offer to dedicate the 32' creek setback
RESOLUTION NO.
PAGE 7
area to the City.
9. The lot merger shall show an irrevocable offer to dedicate the pedestrian path to
the City.
10. Prior to the issuance of a building permit, the applicant shall record a new,
non-exclusive pedestrian trail easement that coincides with the project plans.
This easement instrument shall be to the satisfaction of the City Attorney. The
applicant shall submit construction plans for the pedestrian trail for review and
approval by the Community Development and Public Works Departments.
11. Prior to the issuance of a building permit, the applicant shall design a
complete pedestrian trail from James Way to the pedestrian bridge, to the
satisfaction of the Community Development Director.
12. Prior to issuing a certificate of occupancy, the developer shall install the
pedestrian trail on the subject property in accordance with the approved
construction plans.
13. Prior to issuing a certificate of occupancy, the developer shall enter into a
maintenance agreement for the pedestrian trail on behalf of the City to the
satisfaction of the City Attorney.
14. The pedestrian trail shall connect the public sidewalk on James Way by means
of an ADA ramp and stairs.
15. Only native riparian plants shall be planted within the 32' creek setback area.
Detailed planting plans shall be submitted in advance of or concurrent with
improvement plans.
16. Signs shall be posted prohibiting the use of herbicides or other toxic substances
potentially harmful to creek habitat.
17. No lighting other than that approved on the care facility shall be installed
adjacent to the creek.
18. The applicant shall submit documentation submitted to the U.S. Army Corps of
Engineers to satisfy requirements outlined in the "Wetland Mitigation Plan" and
creek setback reduction prior to improvement plan review.
19. The project shall provide bicycle parking in a location acceptable to the
Community Development Director.
20. Fencing shall be installed along the pedestrian creek path that does not prohibit
migration of fauna between the path and riparian area.
21. All impact trees shall be a minimum 36" box in size
RESOLUTION NO.
PAGE 8
22. The applicant shall demonstrate to the satisfaction of the City Engineer that the
turning radiuses within the project site, including access from James Way, can
accommodate a range of vehicles from large trucks and buses, to cars, or the
project shall return to the City Council for additional review and modification.
23. The applicant shall verify access agreement includes all necessary parties
(medical offices, fitness center, and hotel).
24. The applicant shall demonstrate to the satisfaction of the Fire Chief that the
turning radiuses within the project site can, including access from James Way,
accommodate the Fire apparatus.
25. Any modification to the conceptual plans that is determined not to be in
substantial conformance shall be reviewed by the Architectural Review
Committee and approved by the Community Development Director.
26. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions".
27. The developer shall comply with Development Code Chapter 16.64,
"Dedications, Fees and Reservations".
28. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
29. All fire department connections shall be located near a fire hydrant, adjacent to a
Fire access roadway, away from the public right-of-way, incorporated into the
design of the site, and screened to the maximum extent feasible.
30. All electrical panels shall be architectural integrated into the buildings.
ARCHITECTURAL REVIEW COMMITTEE CONDITIONS
31. The lower sign to identify the Plaza shall be retitled, removed or relocated, or a
new sign shall be placed at the top entrance near Oak Park Boulevard to indicate
the professional center and/or fitness club.
32. Prior to the issuance of a building permit, the final landscape plan for the
project, including riparian revegetation, shall be submitted to the ARC for review
prior to approval by the Director of Community Development.
33. The applicant shall comply with recommendations by the Army Corps of
Engineers regarding creek setback reduction.
34. The project shall maintain the 37' building height limit previously approved
35. Preliminary plant materials and layout are acceptable and the final planting plan
shall be reviewed by City staff for conformance with the preliminary plan.
RESOLUTION NO.
PAGE 9
ENGINEERING DIVISION CONDITIONS:
GENERAL CONDITIONS
38. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for inspection purposes. The developer or contractor
shall refrain from performing any work other than site maintenance outside of
these hours, unless an emergency arises or approved by the Community
Development Director. The City may hold the developer or contractor responsible
for any expenses incurred by the City due to work outside of these hours.
39. Prior to the issuance of a grading permit, the developer shall submit one (1)
copy of the final project-specific Storm Water Pollution Prevention Plan (SWPPP)
consistent with the Regional Water Quality Control Board (RWQCB) requirements
and shall comply with RWQCB Constru~tion General Permit and Post
Construction Requirements.
40. A grease interceptor shall be required for the proposed care center.
41. The applicant shall provide and include on the plans trash enclosures that screen
visibility of trash facilities to the satisfaction of the Community Development
Director.
NOISE
42. All residential units shall be designed to mitigate impacts from non-residential
project noise, in compliance with the City's noise regulations.
IMPROVEMENT PLANS
43. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
44. The Developer shall submit three (3) full-size paper copies and one (1) full-size
mylar copy of approved improvement plans for inspection purposes during
construction.
45. The Developer shall submit as-built plans at the completion of the project or
improvements as directed by the Community Development Director. As-builts
shall be submitted on mylar as well as electronically. Electronic as-builts shall be
provided both in AutoCAD and PDF format.
RESOLUTION NO.
PAGE 10
46. The following lmprovement plans shall be prepared by a registered Civil Engineer
and approved by the Community Development Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
c. Public utilities,
d. Water and sewer,
e. Landscaping and irrigation,
f. Any other improvements as required by the Community Development
Director.
47. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and
storm drainage facilities within the project site and abutting streets or
alleys.
b. The location, quantity and size of all existing and proposed sewer
laterals.
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the
property.
e. The location and dimension of all existina and orooosed waved areas
f. The location of all existing and proposed-publid ~r'~rivat& utilities.
g. The location of all proposed low impact development storm water
facilities.
48. lmprovement plans shall include plan and profile of existing and proposed on and
off-site utilities and retaining walls.
49. Landscape and irrigation plans are required within the public right of way. The
Public Works Director shall approve the irrigation plan.
WATER
50. Non-potable water is available at the City Corporation Yard. The City of Arroyo
Grande does not allow the use of hydrant meters.
51. Lots using fire sprinklers shall have individual service connections. A fire sprinkler
engineer shall determine the size of the water meters.
52. Utilities to this project have been stubbed out with the prior mixed-use project. The
developer shall be required to use these existing stubbed out utilities on James
Way. No work shall be permitted on James Way for these utilities.
53. The applicant shall pay a water neutralization fee for each new residential unit.
RESOLUTION NO.
PAGE 11
SEWER
54. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with the Standard Plans.
55. Sewer to this project has been stubbed out with the prior mixed-use project. The
applicant shall utilize these utilities and shall not be permitted to do work on James
Way.
56. The Developer shall obtain approval from the South County Sanitation District for
the development's impact to District facilities prior to building permit issuance.
57. The Developer shall mitigate lift station #I CIP force main replacement.
PUBLIC UTILITIES
58. The Developer shall underground all existing and new public utilities in accordance
with Section 16.68.050 of the Development Code.
59. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREETS
60. No work shall be permitted on James Way.
CURB, GUTTER. AND SIDEWALK
61. The Developer shall utilize saw cuts for all repairs made in curb, gutter, and
sidewalk.
62. The Developer shall install ADA compliant facilities where necessary. Ramps on
James Way shall be brought up to the City and State standards including the ramp
at the intersection of James Way and Oak Park Blvd. Decorative crosswalks shall
be installed across driveway aprons along James Way.
63. The Developer shall install tree wells for all trees planted adjacent to curb, gutter
and sidewalk to prevent damage due to root growth. Root barriers are to be
installed on the sidewalk side of tree wells per City standards.
64. 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
RESOLUTION NO.
PAGE 12
GRADING
65. The Developer shall perform all grading in conformance with the City Grading
Ordinance including setback for cut or fills.
66. The Developer shall submit a preliminary soils report prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
67. The Developer shall submit all retaining wall calculations for review and approval
by the Community Development Director for walls not constructed per City
standards.
68. Existing 24" CMP pipe behind the building shall be removed and replaced with 24
HDPE pipe that has a smooth interior with integral bell and spigot or approved
equal as determined by the Public Works Director.
69. The Developer shall provide outlet structure for Meadow Creek storm drain. A
stormceptor and or clarifier for storm drain leading to Meadow Creek shall be
required.
DRAINAGE
70. All on-site and off-site drainage facilities shall be designed to accommodate a 100-
year storm flow. The applicant shall provide detailed drainage calculations
indicating that increased run-off can be accommodated by existing facilities and/or
provide on-site retention basins, to the satisfaction of the Director of Community
Development.
71. The project is in Drainage Zone C. lnfiltration basins will be required so that peak
storm flows do not exceed the existing Oak Park Blvd basin capacity.
72. lnfiltration basins shall be designed based on soil tests. lnfiltration tests shall
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required if the analysis or soil conditions are inconclusive.
73. All drainage facilities shall be in accordance with the Drainage Master Plan.
74. The applicant shall provide on-site storm water retardation facilities designed and
constructed to Public Works and Community Development requirements, and the
following:
a. The facilities shall be designed to reduce the peak flow rate from a post-
development 100 year storm.
b. The 100 year basin outflow shall not exceed the pre-development flow.
RESOLUTION NO.
PAGE 13
c. The 100 year basin outflow shall be limited to a level which does not
cause the capacity of existing downstream drainage facilities to be
exceeded.
d. The basin design shall include freeboard equal to 20 percent of the
basin depth, to a minimum of 12 inches.
e. The basin shall be fully constructed and functional prior to occupancy for
any building permit within the project.
f. The basin shall be maintained by the City. The applicant shall enter into
an agreement to fund the maintenance of the basin. The funding
agreement shall be approved by the City Attorney and shall be
recorded.
g. The basin design shall include landscaping and irrigation.
h. The basin shall be fenced around the perimeter. Fencing shall be
subject to the review and approval of the Community Development
Director and the Public Works Director.
I. Provide secondary overflow spillway for detention basin.
75. The applicant shall submit an engineering study regarding flooding related to the
project site as directed by the Director of Public Works. Any portions of the site
subject to flooding from a 100-year storm shall be shown on the plans and shall be
noted as a building restriction.
76. Storm drain inlets, both public and private, will be required to be stenciled with
the warning: "Drains to Creek or other appropriate advice as directed by the
City.
77. The project shall comply with the Regional Water Quality Control Board Low
impact Development requirements. Currently the City is utilizing Guidelines that
include calculations by the applicant of the additional stormwater runoff that will
be generated by their project. With that information the applicant will develop a
plan for handling on-site drainage including a determination of how much runoff it
may be possible to percolate, or store for irrigation purposes, or otherwise use
on site. Stormwater runoff that cannot be retained on site for percolation or use
must be treated through the use of bioswales and then directed into the
appropriate drainage system described in the Drainage Master Plan.
DEDICATIONS AND EASEMENTS
78. Reciprocal access and maintenance agreement will be required for the proposed
project and the adjacent businesses using the existing parking area.
79. All existing underlying lot lines shall be merged
80. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 112 x 11
City standard forms, and shall include legal descriptions, sketches, closure
RESOLUTION NO.
PAGE 14
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City processing.
81. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent
to all street right-of-ways. The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar facilities.
82. The property owner shall be responsible for maintaining the creek path and
vegetation until the offer of dedication is accepted by the City.
PERMITS
83. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
c. Stockpiling material in the City right of way,
d. Storing equipment in the City right of way.
84. Obtain a grading permit prior to commencement of any grading operations on site.
85. Pay all required City fees at the time they are due,
86. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction
cost estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Map check for tentative tract map based on the engineer's cost
estimate.
e. Inspection fee of subdivision or public works construction plans based
on an approved construction cost estimate.
87. Impact fees for Lift Station #'I force main replacement shall be as determined by
the Public Works Director.
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
@)Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
RESOLUTION NO.
PAGE 15
(1) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(6) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 18C days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E)The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
AGREEMENTS
88. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
improvements.
89. Subdivision improvement Agreement: The applicant shall enter into an
agreement for the completion and guarantee of improvements required. The
agreement shall be on a form acceptable to the City.
90. Covenants, Conditions, and Restrictions: The subdivider shall prepare project
CC&Rs for maintenance and repair of all privately owned improvements. The
RESOLUTION NO.
PAGE 16
CC&Rs shall be subject to the review and approval of the City Attorney and the
Director of Public Works.
IMPROVEMENT SECURITIES
91. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
92. Submit an engineer's estimate of quantities for public improvements for review by
the Community Development Director.
93. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Community Development Director:
a. Faithful Performance: 100% of the approved estimated cost of all
subdivision improvements,
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
c. One Year Guarantee: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey
monuments. This financial security may be waived if the developer's
surveyor submits to the Director of Public Works a letter assuring that all
monumentation has been set.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
94. All utilities shall be operational
95. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities,
may be constructed after occupancy as directed by the Community Development
Director.
96. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City.
BUILDING AND LIFE SAFETY DIVISION AND FIVE CITIES FIRE AUTHORITY
CONDITIONS:
98. All buildings shall comply with the latest adopted California Codes
99. The applicant shall pay all applicable development impact fees prior to the
issuance of a building permit.
RESOLUTION NO.
PAGE 17
100. At least one (1) covered passenger loading zone complying with Section 11B-
503 of the California Building Code shall be provided at an accessible entrance
to licensed medical care and licensed long-term care facilities where the period
of stay may exceed twenty-four hours.
101. The project shall provide complete compliance with State and Federal disabled
access requirements. Per S.B. 1025, 10% of the primary entry levels of
multistoried dwelling units must comply with the HCD's accessibility provisions.
102. The applicant shall show all setback areas for the lot on the lot merger prior to
recordation.
103. The creek side of the care facility building is adjacent to wildland where the
opportunity for conflagration exists. The building shall be built following the
Wildland Urban Interface requirements of the CBC Chapter 7A.
104. The developer shall provide a Fire Department turnaround or provide access
through the hotel site subject to approval by the Fire Chief.
FlRE LANES
105. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
106. All fire lanes must be posted and enforced, per Police Department and Five Cities
Fire Authority guidelines.
107. In accordance with the California Fire Code, appendix D105, buildings or portions
of buildings exceeding 30 feet in height above the lowest level of fire department
vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. The width of these
roadways shall be 26 feet exclusive of shoulders, in the immediate vicinity of any
building or portion of building more than 30 feet in height. At least one of these
aerial access roadways shall be located a minimum of 15 feet and a maximum of
30 feet from the building, and shall be positioned parallel to one entire side of the
building.
FlRE FLOWIFIRE HYDRANTS
108. Project shall have a fire flow based on the California Fire Code Appendix Ill-A.
109. Prior to bringing combustibles on site, fire hydrants shall be installed per Five
Cities Fire Authority and Public Works Department standards. Locations shall be
approved by the Fire Chief.
110. The developer shall provide a fire hydrant on the James Way end of the property
RESOLUTION NO.
PAGE 18
at the location where the existing 8 inch ACP water main was to be abandoned.
The Double Detector Check Valve Assembly (DDCVA) and Fire Department
Connection (FDC) shall be located on the James Way side of the building.
FIRE SPRINKLERS
11 1. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
112. The project shall provide Five Cities Fire Authority approved access and sprinkler
system per National Fire Protection Association Standards 13d or 13R as
appropriate.
11 3. Any covered parking areas must be fire sprinklered and sized to allow the passage
of a fire apparatus 20 feet in width with 13 feet 6 inch minimum head clearance.
ABANDONMENTINON-CONFORMING
114. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
OTHER APPROVALS
11 5. The project shall comply with Federal and local flood management policies.
116. Any review costs generated by outside consultants shall be paid by the applicant.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MITIGATION MEASURES:
MM 1-1: The applicant shall submit a lighting plan verifying that all exterior
lighting for the development is directed downward and does not create spill or
glare to adjacent properties and riparian habitat.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Police Dept.
Timing: Prior to issuance of Building Permit
RESOLUTION NO.
PAGE 19
MM 111-1: Based on the recommendation by the APCD, the applicant shall
demonstrate how the construction phase impacts will be below the level of
significance as identified in the APCD's CEQA Handbook prior to grading permit
issuance and at least three months before construction activities are to begin.
MM 111-2: The following standard mitigation measures for construction equipment
shall be implemented to reduce the ROG, NOx, and diesel particulate matter
(DPM) emissions during construction of the project:
a. Maintain all construction equipment in proper tune according to
manufacturer's specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB
certified motor vehicle diesel fuel (non-taxed version suitable for use off-
road);
c. Use diesel construction equipment meeting ARB's Tier 2 certified engines
or cleaner off-road heavy-duty diesel engines, and comply with the State
Off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner
certification standard for on-road heavy-duty diesel engines, and comply
with the State On-Road Regulation;
e. Construction or trucking companies with fleets that do not have engines in
their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOx exempt area fleets) may be eligible by
proving alternative compliance;
f. All on- and off-road diesel equipment shall not idle for more than 5
minutes. Signs shall be posted in the designated queuing areas and or
job sites to remind drivers and operators of the 5 minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors;
i. Electrify equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and
k. Use alternatively fueled construction equipment on-site where feasible,
such as compressed natural gas (CNG), liquefied natural gas (LNG),
propane or biodiesel.
MM 111-3: Prior to any construction activities at the site, the project proponent
shall ensure that a geologic evaluation is conducted to determine if Naturally
Occurring Asbestos (NOA) is present within the area that will be disturbed. If
NOA is not present, an exemption request must be filed with the APCD. if NOA
is found at the site, the applicant must comply with all requirements outlined in
the Asbestos Air Toxins Control Measure (ATCM) regulated by the California Air
Resources Board (ARB) and may require development of an Asbestos Dust
RESOLUTION NO.
PAGE 20
Mitigation Plan and an Asbestos Health and Safety Program for approval by the
APCD.
MM 111-4: Prior to any demolition activities or the removal or relocation of utility
pipelines at the site, if necessary, the project proponent shall notify the APCD to
ensure the activities occur in accordance with the requirements stipulated in the
National Emission Standard for Hazardous Air Pollutants (NESHAP).
MM 111-5: The following mitigation measures shall be implemented during
construction to manage fugitive dust emissions such that they do not exceed the
APCD 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD
Rule 402):
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. Increased watering frequency will be
required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible;
c. All dirt stockpile areas should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as
possible, following completion of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading shall be sown with a fast germinating,
non-invasive, grass seed and watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed
as soon as possible. In addition, building pads shall be laid as soon as
possible after grading unless seeding o soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
i. All trucks hauling dirt, sand, soil or other loose materials shall be covered
or shall maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section
231 14;
j. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site;
k. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers with reclaimed water shall be
used where feasible;
I. All PMlo mitigation measures required shall be shown on grading and
building plans; and
m. The contractor or building shall designate a person or persons to monitor
the fugitive dust emissions and enhance the implementation of the
RESOLUTION NO.
PAGE 21
measures as necessary to minimize dust complaints, reduce visible
emissions below 20% opacity. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD
Compliance Divisions prior to the start of any grading, earthwork or
demolition.
MM 111-6: Prior to any construction activities on the site, the project proponent
shall contact the APCD Engineering Division to obtain all necessary permits for
portable equipment used during the construction and operational phases of the
project. Typical equipment requiring a permit includes, but is not limited to, the
following:
e Diesel engines; - Portable generators and equipment with engines that are 50 horsepower
or greater;
e Electrical generation plants or the use of standby generators; and
Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch
plant, etc.
MM 111-7: Proposed truck routes shall be evaluated and selected to ensure
routing patterns have the least impact to residential dwellings and other sensitive
receptors, such as schools, parks, daycare centers, nursing homes, and
hospitals.
MM 111-8: The project proponent shall coordinate with and obtain all necessary
equipment and operation permits that are required by APCD. Typical equipment
requiring such permits includes, but is not limited to, the following:
Portable generators and equipment with engines that are 50 hp or greater;
Electrical generation plants or the use of standby generators;
e Boilers;
e Internal combustion engines;
e Sterilization unit(s) using ethylene oxide and incinerator(s); and
Cogeneration facilities.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Public Works Dept.,
Building Division, Engineering Division
Timing: Prior to issuance of Grading Permit and during
construction
MM IV-1: The applicant shall revegetate the 0.28-acre mitigation area as outlined
in the "Wetland Mitigation Plan" prepared by the Morro Group, Inc., dated May
21, 2002. Any plants that do not survive shall be replaced in kind and monitored
until established. Temporary irrigation shall be provided for all planting areas for
three (3) years or until plants are established. An independent consultant
RESOLUTION NO.
PAGE 22
specializing in biological resources shall be hired by the City and paid for by the
applicant to monitor the mitigation for a minimum of five (5) years.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; ACOE
Timing: Installation of plant material shall occur before
issuance of a Certificate of Occupancy.
Monitoring of plants shall occur for at least 5
years.
MM IV-2: The applicant shall consult and coordinate with the Regional Water
Quality Control Board (RWQCB) and the United States Corps of Engineers
(USACE) regarding the project. The applicant shall obtain all permits required
for the construction, operation, or mitigation of the project. If permits are not
required, the applicant shall provide written verification as such from the
appropriate agency.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; ACOE; RWQCB
Timing: Prior to issuance of a Building Permit
MM IV-3: The applicant shall obtain compliance with Section 1602 of the
California Fish and Game Code (Streambed Alteration Agreements) in the form
of a completed Streambed Alteration Agreement or written documentation from
the CDFG that no agreement would be required. Should an agreement be
required, the applicant shall implement all the terms and conditions of the
agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration
Agreement process encourages applicants to demonstrate that the proposed
project has been designed and will be implemented in a manner that avoids and
minimizes impacts on riparian habitat and the stream zone.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; CDFG
Timing: Prior to any work being performed in the creek
area
MM IV-4: All non-native plant species shall be eliminated from the 35' wide creek
setback area.
MM IV-5: The developer shall record an irrevocable offer of dedication open
space agreement and thirty-five foot (35') creek easement on the property
measured from top of bank. No structures shall occur within the 35' creek
setback area, in accordance with Section 16.44.050 of the Municipal Code.
RESOLUTION NO.
PAGE 23
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD
Timing: Prior to issuance of a Certificate of Occupancy
MM IV-6: Siltation/sedimentation control measures shall be implemented along
the entire eastern property boundary prior to site construction. Such control
measures shall include sediment fences and/or hay bales placed into the crux of
the bank of Meadow Creek. Erosion/sediment control barricades shall be placed
around the perimeter of each construction zone with the potential to drain to
Meadow Creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: Prior to issuance of a Grading Permit
MM IV-7: Soil shall not be stockpiled in areas located near the eastern property
margin adjacent to Meadow Creek, or in areas that have potential to drain to
Meadow Creek. Stockpiled soil should be properly covered at all times to avoid
wind and water erosion, and consequent siltation to Meadow Creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: During grading activities
MM IV-8: No heavy equipment shall be allowed within the Meadow Creek
corridor.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: During grading activities and project
construction
MM V-I: 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,
RESOLUTION NO.
PAGE 24
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
MM V-2: If human remains are encountered during earth-disturbing activities, all
work in the adjacent area shall stop immediately and the San Luis Obispo
County Coroner's office shall be notified immediately. If the remains are
determined to be Native American in origin, the Native American Heritage
Commission shall be notified and will identify the Most Likely Descendent, who
will be consulted for recommendations for treatment of the discovered remains.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: Prior to issuance of a grading permit and
during grading activities
MM VI-I: All construction plans shall incorporate the recommendations of the
soils engineering report prepared for the project site by Earth Systems Pacific
dated October 30, 2006.
Responsible Pariy: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: Prior to issuance of a Grading Permit
MM VII-I: All construction plans shall reflect the following GHG-reducing
measures where applicable. Prior to issuance of building permits, the applicant
shall submit impact reduction calculations based on these measures to the
APCD for review and approval, incorporating the following measures:
e Incorporate outdoor electrical outlets to encourage the use of electric
appliances and tools.
0 Provide shade tree planting in parking lots to reduce evaporative
emissions from parked vehicles. Design should provide 50% tree
coverage within 10 years of construction using low ROG emitting, low
maintenance native drought resistant trees.
rn Provide conduit for future fueling of electric vehicles (one space in parking
area).
a No residential wood burning appliances.
RESOLUTION NO.
PAGE 25
Provide employee lockers and showers. One shower and 5 lockers for
every 25 employees are recommended.
Trusses for south-facing portions of roofs shall be designed to handle
dead weight loads of standard solar-heated water and photovoltaic
panels. Roof design shall include sufficient south-facing roof surface,
based on structures size and use, to accommodate adequate solar
panels. For south facing roof pitches, the closest standard roof pitch to the
ideal average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally if possible.
Install high efficiency heating and cooling systems.
Design building to include roof overhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south
facing windows (passive solar design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Star@).
Utilize double-paned windows.
Utilize low energy street lights (i.e. sodium).
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPAlDOE
Energy Star@ rating to reduce summer cooling needs.
Eliminate high water consumption landscape (e.g., plants and lawns) in
residential design. Use native plants that do not require watering and are
low ROG emitting.
Provide on-site bicycle parking both short term (racks) and long term
(lockers, or a locked room with standard racks and access limited to
bicyclist only) to meet peak season maximum demand. One bike rack
space per 10 vehiclelemployee space is recommended.
Require the installation of electrical hookups at loading docks and the
connection of trucks equipped with electrical hookups to eliminate the
need to operate diesel-powered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers, or
covered racks 1 lockers to service the residential units.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Building
Division; APCD
Timing: Prior to issuance of a Grading Permit or
Building Permit
RESOLUTION NO.
PAGE 26
MM IX-I: A Stormwater Pollution Prevention Plan (SWPPP) shall be developed
and implemented in consultation with the City, Regional Water Quality Control
Board (RWQCB), and other regulatory agencies. The SWPPP shall include
BMPs to reduce potential impacts to surface water quality through the
construction and life of the project. The SWPPP shall adhere to the following
requirements:
The SWPPP shall include measures to avoid creating contaminants,
minimize the release of contaminants, and water quality control measures
to minimize contaminants from entering surface water or percolating into
the ground.
The water quality control measures shall address both construction and
operations periods.
Fluvial erosion and water pollution related to construction shall be
controlled by a construction water pollution control program that shall be
filled with the appropriate agency and kept current throughout any site
development phase.
The water pollution prevention program shall include BMPs, as
appropriate, given the specific circumstances of the site and project.
The SWPPP shall be submitted for review and approval to the RWQCB.
A spill prevention and countermeasure plan shall be incorporated into the
SWPPP.
Designation of equipment and supply staging and storage areas at least
150 feet from the outside edge of the Meadow Creek 35-foot setback
area. All vehicle parking, routine equipment maintenance, fueling, minor
repair, etc., and soil and material stockpile, shall be done only in the
designated staging area.
Major vehiclelequipment maintenance, repair, and equipment washing
shall be performed off site.
A wet and dry spill cleanup plan that specifies reporting requirements and
immediate clean up to ensure no residual soil, surface water or
groundwater contamination would remain after clean up.
Designating concrete mixer washout areas at least 100 feet from the
outside edge of the Meadow Creek 35-foot setback with the use of
appropriate containment or reuse practices.
A temporary and excess fill stockpile and disposal plan that ensures that
no detrimental affects to receiving waters would result.
Requiring all grading and application of concrete, asphalt, etc. to occur
during the dry season from April 15 to October 15.
Required site preparation and erosion control BMPs for any work that may
need to be completed after October 15.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department; RWQCB
RESOLUTION NO.
PAGE 27
Timing: Prior to issuance of a Grading Permit
MM 1x2: To reduce erosion hazards due to construction activities, grading shall
be minimized and project applicants shall use runoff and sediment control
structures, and/or establish a permanent plant cover on side slopes following
construction.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: Prior to issuance of a Grading Permit
MM IX-3: Erosion control and bank stabilization measures shall be implemented
to ensure that the creek bank does not erode. In addition, alternative bank
protection methods, such as restoration of native vegetation, root wads, or other
bioengineering methods of stabilization, shall be used whenever possible. In
order to reduce long-term effects of soil compaction and changes in topography,
construction vehicles and personnel shall not enter the low flow channel and wet
areas. Construction mats and other devices shall be used whenever possible to
reduce impacts associated with soil compaction.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: During construction
MM IX-4: All temporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours
and topography.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: Prior to issuance of a Certificate of Occupancy
MM IX-5: No construction debris or materials shall be allowed to enter the creek
bed, either directly or indirectly. Stockpiles shall be kept far enough from the
banks of the active channel and protected to prevent materials from entering the
creek bed.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division;
Public Works Department
Timing: During Construction
RESOLUTION NO.
PAGE 28
MM IX-6: The following water quality BMPs shall be incorporated into the
project:
Run-off Control. Maintain post-development peak runoff rate and average
volume of runoff at levels that are similar to pre-development levels.
Labelinq and Maintenance of Storm Drain Facilities. Label new and
existing storm drain inlets with "No Dumping - Drains to Ocean" to alert
the public to the destination of stormwater and to prevent direct discharge
of pollutants into the storm drain.
Common Area Litter Control. Implement a trash management and litter
control program to prevent litter and debris from being carried to water
bodies or the storm drain system.
Food Service Facilities. Design the food service facility to have a sink or
other area for cleaning floor mats, containers, and equipments that is
connected to a grease interceptor prior to discharging to the sanitary
sewer system. The cleaning area shall be large enough to clean the
largest mat or piece of equipment to be cleaned.
Refuse Areas. Trash compactors, enclosures and dumpster areas shall
be covered and protected from roof and surface drainage. Install a self-
contained drainage system that discharges to the sanitary sewer if water
cannot be diverted from the areas.
Outdoor Storacle 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 andlor 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.
Cleanina, Maintenance and Processinq Controls. Areas used for
washing, steam cleaning, maintenance, and repair or processing must
have impermeable surfaces and containment berms, roof covers, recycled
water wash facility, and discharge to the sanitary sewer. Discharges to
the sanitary sewer may require pretreatment systems andlor approval of
an industrial waste discharge permit.
Streetlparkinq 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.
RESOLUTION NO.
PAGE 29
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Engineering
Division; Building Division
Timing: Prior to issuance of a Building Permit
MM XII-I: Construction activities shall be restricted to the hours of 8 a.m. and 6
p.m. Monday through Friday. No construction shall occur on Saturday or
Sunday. Equipment maintenance and servicing shall be confined to the same
hours. To the greatest extent possible, grading and construction activities should
occur during the middle of the day to minimize the potential for disturbance of
neighboring noise sensitive uses.
MM Xll-2: All construction equipment utilizing internal combustion engines shall
be required to have mufflers that are in good condition. Stationary noise sources
shall be located at least 300 feet from occupied dwelling units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
MM Xll-3: Equipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Engineering
Division; Public Works Department
Timing: During construction
MM XIV-I: The applicant shall pay the mandated Lucia Mar Unified School
District impact fee.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Building Division;
Lucia Mar Unified School District
Timing: Prior to issuance of a Building Permit
ATTACHMENT 1
RESOLUTION NO. 4565
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO CRANDE ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING CONDlnONAL USE
PERMIT CASE NO. 12-002, VARIANCE CASE NO. 12-004,
AND AMENDED VESTING TENTAWE TRACT WP CASE
NO. 12-001 FOR THE CONSTRUCTION OF AN
APPROXIMATELY 55,000 SQUARE-FOOT, 6943ED
ASSISTED LIVINGMEMORY CARE FACILITY AND EIGHT
(8) TOWNHOMES; LOCATED AT 880 OAK PARK
BOULNARD (SOUTHEAST CORNER OF OAK PARK
BOULRlARDfJAMES WAY INTERSECTION); APPLIED
FORBYRUSSSHEPPEL
WHEREAS, on May 9, 2006, the City Council adopted Resolution No. 3921 approving
Vesting Tentative Tract Map Case No. 04-006, Planned Unit Development Case No. 04-
005, and Minor Exception Case No. 05515 for the subdivision of l.8 acres into 19 lots
and authorizing the development of 24 denstty equivalent units on real property, located
at 880 Oak Park Blvd., Arroyo Grande, CA (the "subject properly"); and
WHEREAS, by State Law, those approvals were extended and are currently entitled
through May 2016; and
WEREAS, Russ Sheppel (the "applicant") has submitted new applications for a phased
mixed-use project on the subject property seeking development of eight (8) townhomes
and a 55,000 square-foot, 69-bed facility with 44 beds indicated for assisted living use
and 25 beds indicated for Alzheimer's care use; and
WHEREAS, the Ci Council has reviewed the project in compliance with the California
Environmental Quari Act (CEQA), the State CEQA Guidelines, and the Amyo Grande
Rules and Procedures for Implementation of CEQA and based on the initial study and
findings has determined that a Maigated Negative Declaration can be adopted; and
WHEREAS, the CRy Council of the City of Arroyo Grande has reviewed and considered
the project at a duly noticed public hearing in accordance with the Development Code of
the City of Arroyo Grande on January 28, 2014, at which time all interested persons were
given the opportunrty to be heard; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Conditional Use Pemit 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
RESOLUTION NO. 4565
PAGE 2
this tale, the goals, and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
The proposed assisted living and memory can! facility as well as mixed-
use housing is aNowed in the Office Mixed-Use (OMU) zoning district per
section 16.36.030 of the Municipal code and is consistent with
development standards for the OMU zoning district per Municipal Code
Section 16.36.020.H with concurrent approval of a variance for creek
setback reducfion from Mty feet (507 to thirty-five feet (357.
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed assisted living and memory care facility as well as mixed-
use housing would not impair the integrity or character of the Office
Mixed-Use zoning district, as it is consistent with the stated purposes of
the OMU zoning district per Municipal Code Secfion 76.36.020.H.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is 1.8 acres in area in a mixed-use development, which is
permitted in the Office Mixed-Use zoning disfrict and meets applicable
development standads, excepting maximum building size, and Floor Area
Ratio which are allowed by Conditjonal Use Permii 12502 and the
minimum creek setback allowed by Variance f 2-004.
4. There are adequate provisions for water, sanitation, and public utilities
and services to ensure public health and safety.
Adequate capacity for water, sanitation and public utilities and services
exist to serve the project; therefore, public health and safety will not be
impacted.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the
vicinity.
Impacts associated with the proposed use have been adequately
mitigated to ensure the use will not be detrimental to the public health,
safety or welfare nor would it be materially injurious to properties and
improvements in the vicinity.
RESOLUTION NO. 4565
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Variance Findings:
I. That strict or literal interpretation and enforcement of the specified
regulation would result in practical difficulty or unnecessary hardship not
otherwise shared by others within the surrounding area.
The strict enforcement of the fiffy foot (501 creek setback would require
the complete redesign of the assisted iiving/rnemory care facility and
cause further parking and access impacts, resulting in a practical difficulty
or unnecessary hadship not otherwise shared by others within the
sumunding area.
2. That there are exceptional or extraordinary circumstances or conditions
applicable to the property involved or to the intended use of the property
that do not apply generally to other properties classified in the same zone.
The constraint of the site resulting from a f@ foot (503 setback from the
top of creek bank is an extraoniinary condition that does not generally
apply to other properties in the Office Mixed-Use (OMU) zoning district
3. That strict or literal interpretation and enforcement of the specified
regulation would deprive the applicant of priviteges enjoyed by the owners
of other properties classified in the same zone.
Strict enforcement of the fifiy foot (50') creek setback would deprive the
applicant of privileges enjoyed by owners of other properties in the Office
Mixed-Use (OMU) zoning district due to the narrowness of the property.
4. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified in
the same zone.
The granting of the variance will not constituted a grant of special
privilege, as few properties within the OMV zone are impacted by lot
namwness and large creek setback requirements as the subject property.
5. That the granting of the variance will not be detrimental to the public
health, safety or welfare, or materially injurious to properties or
improvements in the viciniiy.
The granting of the variance wiN not be detrimental to the pubiic health,
safety or wetfare, nor will it be materially injurious to properties or
improvements in the vicinity as the building will be constructed in
accordance will all appficabie California Codes and additional impacts
RESOLUTION NO. 4565
PAGE 4
associated with the proposed use have been adequately mitigated fo
ensure this.
6. That the granting of a variance is consistent with the objectives and
policies of the General Plan and the intent of this title.
The granting of the variance is consistent with the objectives and polices
of the General Plan (Land Use Element LU5, LU5-1, LU5-3, and LU511)
and the intent of the Development Code (Section 16.44.050.A).
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with goals, objectives.
policies, plans, programs, intent and requirements of the Arroyo Grande
General Plan, as well as any applicable specific plan, and the
requirements of this title.
The proposed tract map is consisfent with the goals, objectives, polices,
plans, programs, intent and requimments of the General Plan (Land Use
Element LU5, LU5-1, LU5-3, and LU5-11) and the intent of the
Development Code (Section 16.36.020.H), both of which support the type
of development proposed.
2. The site is physically suitable for the type of development proposed.
The site is 7.8 acres in area in a mixed-use development which is
pennitfed in the Office Mixed-Use zoning district following the approval of
a conditional use permit.
3. The site is physically suitable for the proposed density of development.
The sife is 1.8 acres in area and is allowed a maximum density of 52.80
equivalent density units. The Development Code provides equivalency
information for residential units in mixed-use districts, which results in a
proposed density equivalency of 35.75 units excluding memory care
facility, well below the maximum density for the site.
4. The design of the tentative tract map or the proposed improvements are
not likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
Impacts associated with the proposed fentafive tract map have been
adequately mitigated to ensure it will not cause substantial environmenfal
damage or substantiafly and avoidably injure fish, wildlife or their habitat.
RESOLUTION NO. 4565
PAGE 5
5. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
Impacts associated with the proposed tentative tract map have been
adequately mitigated to ensure if will not cause serious public health
problems.
6. The design of the tentative tract map or the type of improvements will not
conflict with easements acquired by the public-at-large for access through,
or use of property within the proposed tentative tract map or that alternate
easements for access or for use will be provided, and that these
alternative easements will be substantially equivalent to ones previously
acquired by the public.
The design of the tentative map will not conflict with any public
easements; access will be provided fmm James Way and existing
easements for parking, access, and cimulafion are requied to be updated
and maintained as necessary.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will not result in violation of existing
requirements as prescribed in Division 7 (commencing with Section
13000) of the California Water Code.
7he subdivision will abide by all City and South County Sanifafion District
standanls relating to sewer system design.
8. Adequate public services and facilities exist or will be provided as the
result of the proposed tentative tract map to support project development.
The property is located within close proximity to and will be adequately
served by all necessary public facilities.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to
Section 15063 of the Guidelines of the California Environmental Quality
Act (CEQA), for Conditional Use Permit 12-002, Variance 12-004. and
Amended Vesting Tentative Tract Map 12-001.
2. Based on the initial study, a Mitigated Negative Declaration was prepared
for public review. A copy of the Mitigated Negative Declaration and
related materials is located at City Hall in the Community Development
Department.
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3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the Planning Commission adopts a
mitigated negative declaration and finds that there is no substantial
evidence of any significant adverse effect, either individually or
cumulatively on wildlife resources as defined by Section 71 1.2 of the Fish
and Game Code or on the habitat upon which the wildlife depends as a
result of development of this project. Further, the Planning Commission
finds that said Mitigated Negative Declaration reflects the City's
independent judgment and analysis.
NOW, THEREFORE. BE IT RESOLVED that the Ci Council of the City of Artvyo
Grande hereby adopts a Mitigated Negative Declaration and approves Conditional Use
Permit 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12-001, with
the above findings and subject to the conditions as set forth in Exhibi "A", attached
hereto and incorporated herein by this reference.
On motion by Council Member Guthrie, semnded by Mayor Fenam, and by the following
mll call vote, to wit:
AYES: Council Members Guthrie, Brown, Barneich, and Mayor Ferrara
NOES: Council Member Costello
ABSENI: None
the foregoing Resolution was adopted this 28& day of January, 2014.
RESOLUTION NO. q5&5
PAGE 7
APPROVED AS TO CONTENT:
.. - sizg29
STEVEN ADAMS, CITY GER
RESOLUTION NO. 4565
PAGE 8
WHIBIT 'A'
CONDmONS OF APPROVAL
CONDITIONAL USE PERMIT 12-002, VARIANCE 12-004,
AND AMENDED VESTlNG TENTAWE TRACT MAP 12-001
880 OAK PARK BOULWARD
The approval authorizes the subdivision of a 1.8-acre property into ten (10) lots, and
development of eight (8) townhomes and a 55,000 square-foot, 69-bed residential care
facility including twenty-five (25) Alzheimer's care units and forty-four (44) assisted
living units. Also approved is a reduction of creek setback requirements to thirty-five
feet (35') from the top of creek bank and a maximum Floor Area Ratio of 1.05.
COMMUNIM DEVELOPMENT DEPARTMENT
GEN~RAL CONDITIONS:
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12-
001.
3. This approval shall automatically expire on January 28. 2016 unless the final
map is recorded or an extension is granted pursuant to section 16.12.140 of the
Development Code.
4. The applicant shall, as a condition of approval of this tentative or final map
application, defend, indemnify and hold harmless the City of Amyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the City, its past or present agents, officers, or employees to
attack, set aside, void, or annul the City's approval of this subdivision, which action
is brought within the time period provided for by law. This condition is subject to
the provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at its meeting of January 28, 2014 and marked as Exhibit B,
which are on file in the Community Development Department.
6. Development shall conform to the Office Mixed-Use (OMU) zoning district
standards except as othewise approved.
7. All conditions of approval and mitigation measures for the project shall be
included in construction drawings.
RESOLUTION NO. 4565
PAGE 9
DWELOPMENT CODE:
8. For zero lot line projects where detached dwelling units are to be constructed
upon a lot line, a five-foot maintenance easement shall be provided on the
adjacent lot, along, and parallel to, the zero lot line dwelling. The easement shall
grant access to the owner of the zero Eot line dwelling for purposes of maintaining
the zero lot line walls.
9. A properly owners' association and covenants shall be established to ensure that
common areas are maintained by property owners.
a. The homeowners association must be established before the homes are
sold;
b. Membership must be mandatory for each home buyer and any successive
buver.
c. he open space restrictions must be permanent;
d. The association must be resoonsible for liabilitv insurance. local taxes.
and the maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the
assessment levied by the association can become a lien on the property if
allowed in the master deed establishing the homeowners association; and
f. The association must be able to adjust the assessment to meet changed
needs.
SPECIAL CONDITIBNS:
10. Consistent with the City's lnclusionary Housing Provisions, the project shall
restrict five percent (5%) of the townhomes, or 0.4 townhomes, to qualified
families earning a very low-income, or restrict ten percent (10%) of the
townhomes, or 0.8 townhomes, to qualified families earning a lower-income
(based on the City's affordable housing standards). The applicant may pay an
affordable housing in-lieu fee instead of restricting the townhomes.
11. The Final Map shall show an irrevocable offer to dedicate the 35' creek setback
area to the City.
12. The Final Map shall show an irrevocable offer to dedicate the pedestrian path to
the City.
13. Prior to the issuance of a building permit, the applicant shall %cord a new,
nonexclusive pedestrian trail easement that coincides with the project plans.
This easement instrument shall be to the satisfaction of the City Attorney. The
applicant shall submit construction plans for the pedestrian trail for review and
approval by the Community Development and Public Works Departments.
14. Prior to issuing a certificate of occupancy, the developer shall install the
pedestrian trail in amordance with the approved construction plans.
RESOLUTION NO. 4565
PAGE 10
15. The pedestrian trail shall connect the public sidewalk on James Way by means
of an ADA ramp and stairs.
16. Only native riparian plants shall be planted within the 35' creek setback area.
Detailed planting plans shall be submitted in advance of or concurrent with
improvement plans.
17. Signs shall be posted prohibiting the use of herbicides or other toxic substances
potentialty harmful to creek habitat.
18. No lighting other than that approved on the care facility shall be installed
adjacent to the creek.
19. The applicant shall submit documentation submitted to the U.S. Army Corps of
Engineers to satisfy requirements outlined in the 'Wetland Mitigation Plan" prior
to improvement plan review.
20. The project shall provide bicycle parking in a location acceptable to the
Community Development Director.
21. Fencing shall be installed along the pedestrian creek path that does not prohibit
migration of fauna between the path and riparian area.
22. A11 impact trees shall be a minimum 36" box in size.
23. The applicant shall demonstrate to the satisfaction of the Public Works Director
that the turning radiuses within the project site can accommodate a range of
vehicles from large tmcks and buses, to cars, or the project shall return to the
City Council for additional review and modification.
24. The applicant shall demonstrate to the satisfaction of the Fire Chief that the
turning radiuses within the project site can accommodate the Fire apparatus.
25. Speed bumps shall be installed between the hotel gate and the third townhouse.
26. Any modification to the conceptual plans that is determined not to be in
substantial conformance shall be reviewed by the Architectural Review
Committee and approved by the Communtty Development Director.
27. The developer shall comply with Development Code Chapter 16.20, "Land
Diiisions".
28. The developer shall comply with Development Code Chapter 16.64,
'Dedications, Fees and Reservations".
29. Double detector check valve assemblies shall be focated directly adjacent to or
within the respective building to which they serve.
RESOLUTION NO. 4565
PAGE 11
30. All fire department connections shall be located near a fire hydrant, adjacent to a
Fire access roadway, away from the public right-of-way, incorporated into the
design of the site, and screened to the maximum extent feasible.
31. All electrical panels shall be architectural integrated into the buildings.
32. All solid surfaces placed in the 35' creek setback, including but not limited to
walking paths, patios, and parking lots, shall be of pervious materials, including
but not limited to pervious paver;, pervious concrete, or pervious asphalt.
33. No Certificate of Occupancy for the townhomes will be issued prior to the
issuance of a building permit for the care facility.
ARCHITECTUWL REVlEVV COMMITTEE CONDITIONS
34. The lower sign to identify the Plaza shall be retitled, removed or relocated, or a
new sign shall be placed at the top entrance near Oak Park Boulevard to indicate
the professional center and/or fitness club.
35. Windows and similar architectural details shall be placed at the ends of the care
facility building and the ridgeline should have cupolas installed for venting.
36. Prior to the issuance of a building permit, the final landscape plan for the
project, including riparian revegetation, shall be submitted to the ARC for review
prior to approval by the Director of Community Development.
PLANNING COMMISSION CONDITIONS
37. Vehicular egress though the lower (easterly) driveway shall be limited to
emergency vehicles due to safety concerns.
38. Proposed directional sign #I shall be modified to state that only emergency
vehicles may exit through the lower (easterly) driveway.
39. Proposed directional signs #4 and #6 shall be removed.
ENGINEERING DIVISION CONDITIONS:
GENERAL CONDITIONS
40. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) for inspection purposes. The developer or contractor
shall refrain from performing any work other than site maintenance outside of
these hour;, unless an emergency arises or approved by the Community
Development Director. The City may hold the developer or contractor responsible
for any expenses incurred by the City due to work outside of these hours.
RESOLUTION NO. 4565
PAGE 12
41. Prior to the issuance of a grading permit, the developer shall submit one (1)
copy of the final project-specific Storm Water Pollution Prevention Plan (SWPPP)
consistent with the Regional Water Quality Control Board (RWCB) requirements.
42. A grease interceptor shall be required for the proposed care center.
43. The applicant shall show trash enclosures on improvement plans to the
satisfaction of the Commun'ky Development Director.
44. All residential units shall be designed to mitigate impacts from non-residential
project noise, in compliance with the Cis noise regulations.
IMPROVEMENT PLANS
45. All project improvements shall be designed and constructed in accordance with the
City of Arroyo Grande Standard Drawings and Specifications.
46. The Developer shall submit three (3) full-size paper copies and one ('I) full-size
mylar copy of approved improvement plans for inspection purposes during
construction.
47. The Developer shall submit as-buil plans at the completion of the project or
improvements as directed by the Community Development Director. One (1) set
of mylar prints and an electronic version on CD in AutaCAD fonnat shall be
required.
48. The following Improvement plans shall be prepared by a registered Cil Engineer
and approved by the Community Development Department:
a. Grading, drainage and erosion control,
b. Street paving, curb, gutter and sidewalk,
c. Public utiliies.
d. Water and sewer,
e. Landscaping and irrigation.
f. Any other improvements as required by the Community Development
Director.
49. The sRe plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and
stom drainage faciliies within the project site and abutting streets or
alleys.
b. The location, quantity and size of all existing and proposed sewer
laterals.
RESOLUTION NO. 4565
PAGE 13
c. The location, size and orientation of all trash enclosures.
d. All existing and proposed parcel lines and easements crossing the
property.
e. The location and dimension of all existing and proposed paved areas.
f. The location of all existing and proposed public or private utilities.
50. Improvement plans shall include plan and profile of existing and proposed on and
off-site utilities and retaining walls.
51. Landscape and irrigation plans are required within the public right of way. .The
Public Works Director shall approve the inigation plan.
WATER
52. Non-potable water is available at the Soto Sports Compiex. The City of hoyo
Grande does not allow the use of hydrant meters.
53. Townhomes will require individual water meters and sewer laterals.
54. Lots using fire sprinklels shall have individual service connections. A fire sprinkler
engineer shall determine the size of the water meters.
55. Utilities to this project have been stubbed out with the prior mixed-use project. The
developer shall be required to use these existing stubbed out utilities on James
Way. No work shall be permitted on James Way.
56. The applicant shall pay a water neutraimtion fee for each new residential unit.
SEWER
57. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with the Standard Plans.
58. Sewer to this project has been stubbed out with the prior mixed-use project. The
applicant shall utilize these utilities and shall not be permitted to do work on James
Way.
59. The Developer shall obtain approval from the South County Sanitation District for
the development's impact to District faciliies prior to building permit issuance.
60. The Developer shall mitigate lift station #I CIP force main replacement.
PUBLIC UTILITIES
61. The Developer shall underground all existing and new pubfic utilities in accordance
with SeGtion 16.68.050 of the Devebprnent Code.
RESOLUTION NO. 4565
PAGE 14
62. Prior to approving any building permit wrihin the project for occupancy, all public
utilities shall be operational.
STREETS
63. No work shall be permitted on James Way.
CURB, GUlTER, AND SIDEWALK
64. The Developer shall utilize saw cuts for all repairs made in curb, gutter, and
sidewalk.
65. The Developer shall install ADA compliant facilities where necessary. Ramps on
James Way shall be brought up to the City and State standards including the ramp
at the intersection of James Way and Oak Park Blvd. Decorative crosswalks shall
be installed across driveway aprons along James Way.
66. The Developer shall install tree wells for all trees planted adjacent to curb, gutter
and sidewalk to prevent damage due to root growth. Root barriers are to be
installed on the sidewalk side of tree wells per City standards.
67. Any sections of damaged or displaced curb, gutter & sidewalk or driveway
approach shall be repaired or replaced to the satisfaction of the Public Works
Director
GRADING
68. The Developer shall perform all grading in conformance with the City Grading
Ordinance including setback for cut or filk.
69. The Developer shall submit a preliminary soils report prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
70. The Developer shall submit all retaining wall calculations for review and approval
by the Community Development Director for walls not constructed per City
standards.
71. Existing 24" CMP pipe behind the building shall be removed and replaced with
HDPE.
72. The Developer shall provide outlet structure for Meadow Creek storm drain. A
stormceptor and or clarifier for storm drain leading to Meadow Creek shall be
required.
RESOLUTION NO. 4565
PAGE 25
DRAINAGE
73. All on-site and off-site drainage faciiities shall be designed to accommodate a 100-
year storm flow. The applicant shall provide detailed drainage calculations
indicating that increased run-off can be accommodated by existing facilities andlor
provide on-site retention basins, to the satisfaction of the Director of Community
Development.
74. The project is in Drainage Zone C. lnfiltration basins will be required so that peak
storm flows do not exceed the existing Oak Park Bhrd basin capacity.
75. Infiltration basins shall be designed based on soil tests. infiltration tests shall
include a minimum of 2 borings-15 feet below the finished basin floor. Additional
bonngs or tests may be required if the analysis or soil conditions are inconciusive.
76. All drainage facilities shall be in accordance with the Drainage Master Plan.
77. The applicant shall provide on-site storm water retardation facilities designed and
constructed to Public Works and Community Development requirements, and the
following:
The facilities shalt be designed to reduce the peak flow rate from a post-
development 100 year stom.
The 100 year basin outflow shall not exceed the predevelopment flow.
The 100 year basin oufflow shall be limited to a level which does not
cause the capacity of existing downstream drainage faciliies to be
exceeded.
The basin design shall include freeboard equal to 20 percent of the
basin depth, to a minimum of 12 inches.
The basin shall be fully constructed and functional prior to occupancy for
any building permit within the project.
The basin shall be maintained by the City. The applicant shall enter into
an agreement to fund the maintenance of the basin. The funding
agreement shall be approved by the City Attorney and shall be
rewrded.
The basin shall be maintained by a homeowner's association. The City
shall approve the related language in the association CC&Rs prior to
recordation.
The basin design shall include landscaping and irrigation.
The basin shall be fenced around the perimeter. Fencing shall be
subject to the review and approval of the Community Development
Director and the Public Works Director.
78. The applicant shall submit an engineering study regarding flooding related to the
project site as directed by the Director of Public Works. Any portions of the site
RESOLUTION NO. 4565
PAGE 16
subject to flooding from a 100-year storm shall be shown on the plans and shall be
noted as a building restriction.
79. Storm drain inlets, both public and private, will be required to be stenciled with
the warning: "Drains to Creek" or other appropriate advia? as directed by the
ci.
80. The project shall comply with the Regional Water Quaiii Control Board Low
Impact Development requirements. Currently the City is utilizing Guidelines that
include calculations by the applicant of the additional stormwater runoff that will
be generated by their project. With that information the applicant will develop a
plan for handling on-site drainage including a determination of how much runoff it
may be possible to percolate, or store for irrigation purposes, or otherwise use
on site. Stormwater runoff that cannot be retained on site for percolation or use
must be treated through the use of bioswales and then directed into the
appropriate drainage system described in the Drainage Master Plan.
DEDICATIONS AND EASEMENTS
81. Reciprocal access and maintenance agreement will be required for the proposed
project and the adjacent businesses using the existing parking area.
82. All existing underiying lot lines shall be merged.
83. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 112 x 11
Ci standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary tie report. The applicant shall be
responsible for all required fees, including any additional required City processing.
84. A Public Utility Easement (PUE) shall be reserved a minimum 6 feet wide adjacent
to all street right-of-ways. The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar facilities.
85. The properly owner shall be responsible for maintaining the creek path and
vegetation until the offer of dedication is accepted by the City.
PERMITS
86. Obtain an encroachment permit prior to performing any of the following:
a. Performing work in the City right of way,
b. Staging work in the City right of way,
6. Stockpiling material in the City right of way,
d. Storing equipment in the CQ right of way.
RESOLUTION NO. 4565
PAGE 17
87. Obtain a grading permit prior to commencement of any grading operations on site.
88. Pay all required City fees at the time they are due.
89. Fees to be paid prior to plan approval:
a. Plan check for grading plans based on an approved earthwork estimate.
b. Plan check for improvement plans based on an approved construction
cost estimate.
c. Permit Fee for grading plans based on an approved earthwork estimate.
d. Map check for tentative tract map based on the engineer's cost
estimate.
e. Inspection fee of subdivision or public works construction plans based
on an approved construtiton cost estimate.
90. Impact fees for Lii Station #I force main replacement shall be as determined by
the Public Works Director.
PROCEDURE FOR PROTESTING FEES. DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A)Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(I) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(83) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or wndiional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
RESOLUTION NO. 4565
PAGE 18
(6) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E)The imposition of fees, dedications, resewations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
AGREEMENTS
91. Inspection Agreement Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the Ci for inspection of the required
improvements.
92. Subdivision Improvement Agteement The applicant shall enter into an
agreement for the comple8on and guarantee of improvements required. The
agreement shatl be on a form acceptable to the City.
93. Covenants, Conditions, and Restrictions: The subdivider shall prepare project
CC&Rs for maintenance and repair of all privately owned improvements. The
CCBRs shall be subject to the review and approval of the Ci Attomey and the
Director of Public Works.
IMPROVEMENT SECURITIES
94. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, lmprovement Securities.
95. Submit an engineer's estimate of quantities for pubkc improvements for review by
the Community Development Director.
96. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Community Development Director.
a. Fai%ful Perfomance: 100% of the approved estimated cast of all
subdivision improvements,
b. Labor and Materials: 50% of the approved estimated cost of all
subdivision improvements
RESOLUTION NO. 4565
PAGE 19
c. One Year Guaan-: 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation: 100% of the estimated cost of setting survey
monuments. This financial security may be waived if the developer's
surweyor submits to the Director of Public Works a letter assuring that all
monumentation has been set.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
97. All utilities shall be operational.
98. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement -and financial securities,
may be constructed after occupancy as directed by the Community Development
Director.
99. Prior to the final 10% of occupancies for the project are issued, all improvements
shall be fully constructed and accepted by the City.
BUILDING AND LIFE SAFETY DIVISION AND FIVE CITIES FIRE AUTHORITY
CONDITIONS:
92. All buildings shall comply with the latest adopted California Codes.
93. The applicant shall pay all applicable development impact fees prior to the
issuance of a building permit.
94. At least one (1) covered passenger loading zone complying with Section llB-
503 of the California Building Code shall be provided at an accessible entrance
to licensed medical care and licensed long-term care facilities where the period
of stay may exceed twenty-four hours.
95. The project shall provide complete compliance with State and Federal disabled
access requirements. Per S.B. 1025, 10% of the primary entry levels of
rnultistoried dwelling units must comply with the HCD's accessibility provisions.
96. The applicant shall show all setback areas for each lot on the amended tentative
tract map prior to map recordation.
97. The creek side of the care facility building is adjacent to wildland where the
opportunity for conflagration exists. The building shall be built following the
Wildland Urban Interface requirements of the CBC Chapter 7A.
RESOLUTION NO. 4565
PAGE 20
98. The developer shall provide a Fire Department turnaround or provide access
through the hotel site subject t
99. o approval by the Fire Chief.
FlRE LANES
100. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the Califomia Vehicle Code.
101. All fire lanes must be posted and enforced, per Police Department and Five Cies
Fire Authority guidelines.
102. In accordance with the California Fire Code, appendix D105, buildings or portions
of buildings exceeding 30 feet in height above the lowest level of fire department
vehicle access shall be provided with approved fire apparatus access roads
capable of accommodating fire department aerial apparatus. The width of these
roadways shall be 26 feet exclusive of shoulders, in the immediate vicinity of any
building or portion of building more than 30 feet in height. At least one of these
aerial access roadways shall be located a minimum of 15 feet and a maximum of
30 feet from the building, and shall be positioned parallel to one entire side of the
building.
FlRE FLOWIFIRE HYDRANTS
103. Project shall have a fire flow based on the California Fire Code Appendix Ill-A.
104. Prior to bringing combustibles on site, fire hydrants shall be installed per Five
Cies Fire Authority and Public Works Department standards. Locations shall be
approved by the Fire Chief.
105. The developer shall provide a fire hydrant on the James Way end of the property
at the location where the existing 8 inch ACP water main was to be abandoned.
The Double Detector Check Valve Assembly (DDCVA) and Fire Department
Connection (FDC) shall be located on the James Way side of the building.
FlRE SPRINKLERS
106. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
107. The project shall provide Cities Fire Autho* approved access and sprinkler
system per National Fire Protection Association Standards 13d or 13R as
appropriate.
RESOLUTION NO. 4565
PAGE 21
108. The covered paFking area must be fire sprinklered and sized to allow the passage
of a fire apparatus 20 feet in width with 13 feet 6 inch minimum head clearance.
ABANDONMENTMON-CONFORMING
109. Prior to issuance of a grading permit or building pennit, whichever occurs first,
the applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
OTHER APPROVALS
110. The project shall compty with Federal and local Rood management policies.
11 1. Any review costs generated by outside consultants shall be paid by the applicant.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as condiions of approval and shall
be monitored by the appropriate City deparbnent or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring deparbnent or
agency that the mitigation measures have been implemented.
MITIGATION MEASURES:
MM 1-1: The applicant shall submit a lighting plan verifying that all exterior
lighting for the development is directed downward and does not create spill or
glare to adjacent properties and riparian habitat.
MM 111-1: Based on the recommendation by the APCD, the applicant shall
demonstrate how the construction phase impacts will be below the level of
significance as identified in the APCD's CEQA Handbook prior to grading permit
issuance and at least three months before construction activities are to begin.
MM 111-2: The following standard mitigation measures for construction equipment
shall be implemented to reduce the ROG, NOx, and diesel particulate matter
(DPM) emissions during construction of the project:
a. Maintain all construction equipment in proper tune according to
manufacturer's specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB
cetiied motor vehicle diesel fuel (non-taxed version suitable for use aff-
road);
c. Use diesel construction equipment meeting ARB'S Tier 2 cetiied engines
or cieaner off-road heavy-duty diesel engines, and comply with the State
Off-Road Regulation;
RESOLUTION NO. 4565
PAGE 22
d. Use on-road heavyduty trucks that meet the ARB'S 2007 or cleaner
certification standard for on-road heavyduty diesel engines, and comply
with the State on-Road Regulation;
e. Construction or trucking companies with fleets that do not have engines in
their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOx exempt area fleets) may be eligible by
proving alternative compliance;
f. All on- and off-road diesel equipment shall not idle for more than 5
minutes. Signs shall be posted in the designated queuing areas and or
job sites to remind drivers and operators of the 5 minute idling limit;
g. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors;
i. Electrrfy equipment when feasible;
j. Substitute gasoline-powered in place of diesel-powered equipment, where
feasible; and
k. Use alternatively fueled construction equipment on-site where feasible.
such as compressed natural gas (CNG), liquefied natural gas (LNG).
propane or biodiesel.
MM 111-3: Prior to any construction activities at the site, the project proponent
shall ensure that a geologic evaluation is conducted to determine if Naturally
Occurring Asbestos (NOA) is present within the area that will be disturbed. If
NOA is not present, an exemption request must be filed with the APCD. If NOA
is found at the site, the applicant must comply with all requirements outlined in
the Asbestos Air Toxins Control Measure (ATCM) regulated by the California Air
Resources Board (ARB) and may require development of an Asbestos Dust
Mitigation Plan and an Asbestos Health and Safety Program for approval by the
APCD.
MM 111-4: Prior to any demolition activities or the removal or relocation of util~ty
pipeiines at the site, if necessary, the project proponent shall not* the APCZ) to
ensure the activities occur in accordance with the requirements stipulated in the
National Emission Standard for Hazardous Air Pollutants (NESHAP).
MM 111-5: The following mitigation measures shall be implemented during
construction to manage fugitive dust emissions such that they do not exceed the
APCD 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD
Rule 402):
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site. increased watering frequency will be
required whenever wind speeds exceed 15 mph. Reclaimed (non-
potable) water shall be used whenever possible;
c. All dirt stockpile areas should be sprayed daily as needed;
RESOLUTION NO. 4565
PAGE 23
d. Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as
possible, following completion of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading shall be sown with a fast geminating,
non-invasive, grass seed and watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation shall be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed
as soon as possible. In addition, building pads shall be laid as soon as
possible after grading unless seeding o soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
i. All trucks hauling dirt, sand, soil or other loose materials shall be covered
or shall maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section
23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site;
k. Sweep streets at the end of each day if visible soil material is camed onto
adjacent paved roads. Water sweepers with reclaimed water shall be
used where feasible;
I. All PMto mitigation measures required shall be shown on grading and
building plans; and
m. The contractor or building shall designate a person or persons to monitor
the fugitive dust emissions and enhance the implementation of the
measures as necessary to minimize dust complaints, reduce visible
emissions below 20% opacity. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD
Compliance Divisions prior to the start of any grading, earthwork or
demolition.
MM 111-6: Prior to any construction activities on the site, the project proponent
shall contaGt the APCD Engineering Division to obtain all necessary permits for
portable equipment used during the construction and operational phases of the
project. Typical equipment requiring a permit includes, but is not limited to, the
following:
4 Diesel engines;
Portable generators and equipment with engines that are 50 horsepower
or greater;
4 Electrical generation plants or the use of standby generators; and - Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch
plant, etc.
RESOLUTION NO. 4565
PAGE 24
MM 111-7: Proposed truck routes shall be evaluated and selected to ensure
routing patterns have the least impact to residential dwellings and other sensitive
receptors, such as schools, parks, daycare centers, nursing homes, and
hospitals.
MM 111-8: The project proponent shall coordinate with and obtain all necessary
equipment and operation permits that are required by APCD. Typical equipment
requiring such permits includes, but is not limited to, the following:
Portable generators and equipment with engines that are?^ hp or greater;
0 Electrical generation plants or the use of standby generators;
* Boilers;
internal combustion engines;
Sterilization unit(s) using ethylene oxide and incinerator(s); and
Cogeneration facilities.
MM IV-1: The applicant shall revegetate the 0.18-acre mitigation area as outlined
in the "Wetland Mitigation Plan" prepared by the Mono Group, inc., dated May
21, 2002. Any plants that do not survive shall be replaced in kind and monitored
until established. Temporary irrigation shall be provided for ail planting areas for
three (3) years or until plants are established. An independent consultant
specializing in biological resources shall be hired by the City and paid for by the
applicant to monitor the mitigation for a minimum of five (5) years.
MM N-2: The applicant shall consult and coordinate with the Regional Water
Quality Control Board (RWQCB) and the United States Corps of Engineers
(USACE) regarding the project. The applicant shall obtain all permits required
for the construction, operation, or mitigation of the project. If permits are not
required, the applicant shall provide written verification as such from the
appropriate agency.
MM iV3: The applicant shall obtain compliance with Section 1602 of the
California Fish and Game Code (Streambed Akeration Agreements) in the form
of a completed Streambed Alteration Agreement or written documentation from
the CDFG that no agreement would be required. Should an agreement be
required, the applicant shall implement all the terms and conditions of the
agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration
Agreement process encourages applicants to demonstrate that the proposed
project has been designed and will be implemented in a manner that avoids and
minimizes impacts on riparian habitat and the stream zone.
MM IV4: Ail non-native plant species shall be eliminated from the 35' wide creek
setback area.
RESOLUTION NO. 4565
PAGE 25
MM IV-5: The developer shall record an irrevocable offer of dedication open
space agreement and thirty-five foot (35') creek easement on the property
measured from top of bank. No structures shall occur within the 35' creek
setback area, in accordance with Section 16.44.050 of the Municipal Code.
MM IV-6: Siltationlsedimentation control measures shall be implemented along
the entire eastern property boundary prior to site construction. Such control
measures shall include sediment fences andlor hay bales placed into the crux of
the bank of Meadow Creek. Erosionisediment control barricades shall be placed
around the perimeter of each construction zone with the potential to drain to
Meadow Creek.
MM IV-7: Soil shall not be stockpiled in areas located near the eastem property
margin adjacent to Meadow Creek, or in areas that have potential to drain to
Meadow Creek. Stockpiled soil should be properly covered at all times to avoid
wind and water erosion, and consequent siltation to Meadow Creek.
MM IV-8: No heavy equipment shall be allowed within the Meadow Creek
corridor.
MM V-I: If a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius
of the find shall cease until a qualified archaeologist determines whether the
uncovered resource requires further study. A standard inadvertent discovery
clause shall be included in every grading and construction contract to inform
contractors of this requirement. Any previously undiscovered resources found
during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of
California Environmental Quality Act criteria by a qualified archaeologist.
Potentially significant cultural resources consist of, but are not limited to, stone,
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
MM V-2: If human remains are encountered during earthdisturbingactivities, all
work in the adjacent area shall stop immediately and the San Luis Obispo
County Coroner's office shall be notified immediately. If the remains are
determined to be Native American in origin, the Native American Heritage
Commission shall be notified and will identify the Most Likely Descendent, who
will be consulted for recommendations for treatment of the discovered remains.
RESOLUTION NO. 4565
PAGE 26
MM VI-3: All construction plans shall incorporate the recommendations of the
soils engineering report prepared for the project site by Earth Systems Pacsc
dated October 30,2006.
MM VII-l: All construction plans shall reflect the following GHG-reducing
measures where applicable. Prior to issuance of building permits, the applicant
shall submit impact reduction calculations based on these measures to the
APCD for review and approval, incorporating the following measures:
Incorporate outdoor electrical outlets to encourage the use of electric
appliances and tools.
Provide shade tree planting in parking lots to reduce evaporative
emissions from parked vehicles. Design should provide 50% tree
coverage within 10 years of construction using low ROG emitting, low
maintenance native drought resistant trees.
Provide conduit for future fueling of electric vehicles (one space in parking
area).
No residential wood burning appliances.
Provide employee lockers and showers. One shower and 5 lockers for
every 25 employees are recommended.
Trusses for south-facing portions of roofs shall be designed to handle
dead weight loads of standard solar-heated water and photovoltaic
panels. Roof design shall include sufficient south-facing roof surface,
based on structures size and use, to accommodate adequate solar
panels. For south facing roof pitches, the closest standard roof pitch to the
ideal average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materiais which are resource efficient,
recycled, and sustainable) available locally if possible.
install high efficiency heating and cooling systems.
Design building to include roof overhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south
facing windows (passive solar design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Stam).
Utilize double-paned windows.
Utilize low energy street lights (i.e. sodium).
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPAIDOE
Energy Stam rating to reduce summer cooling needs.
RESOLUTION NO. 4565
PAGE 27
e Eliminate high water consumption landscape (e.g., plants and lawns) in
residential design. Use native plants that do not require watering and are
low ROG emitting.
e Provide on-site bicycle parking both short term (racks) and long term
(lockers, or a locked room with standard racks and access limited to
bicyclist only) to meet peak season maximum demand. One bike rack
space per 10 vehiclelemployee space is recommended.
a Require the installation of electrical hookups at loading docks and the
connection of trucks equipped with electrical hookups to eliminate the
need to operate diesel-powered TRUs at the loading docks.
e Provide storage space in garage for bicycle and bicycle trailers, or
covered racks / lockers to service the residential units.
MM IX-1: A Stormwater Pollution Prevention Plan (SWPPP) shall be developed
and implemented in consultation with the City, Regional Water Quality Control
Board (RWQCB), and other regulatory agencies. The SWPPP shall include
BMPs to reduce potential impacts to surface water quality through the
construction and life of the project. The SWPPP shall adhere to the following
requirements:
The SWPPP shall include measures to avoid creating contaminants,
minimize the release of contaminants, and water quality control measures
to minimize contaminants from entering surface water or percolating into
the ground.
The water quality control measures shall address both construction and
operations periods.
Fluvial erosion and water pollution related to construction shall be
controlled by a construction water pollution control program that shall be
filled with the appropriate agency and kept current throughout any site
development phase.
The water pollution prevention program shall include BMPs, as
appropriate, given the specific circumstances of the site and project.
The SWPPP shall be submitted for review and approval to the RWQCB.
A spill prevention and countermeasure plan shall be incorporated into the
SWPPP.
Designation of equipment and supply staging and storage areas at least
150 feet from the outside edge of the Meadow Creek 35-foot setback
area. All vehicle parking, routine equipment maintenance, fueling, minor
repair, etc., and soil and material stockpile, shall be done only in the
designated staging area.
Major vehicle/equipment maintenance, repair, and equipment washing
shall be performed off site.
A wet and dry spill cleanup plan that specifies reporting requirements and
immediate clean up to ensure no residual soil, surface water or
groundwater conbmination would remain after clean up.
RESOLUTION NO. 4565
PAGE 28
e Designating concrete mixer washout areas at least 100 feet from the
outside edge of the Meadow Creek %-foot setback with the use of
appropriate containment or reuse practices.
e A temporary and excess fill stockpile and disposal plan that ensures that
no detrimental affects to receiving waters would result.
0 Requiring all grading and application of concrete, asphalt, etc. to occur
during the dry season from April 15 to October 15.
a Required site preparation and erosion control BMPs for any work that may
need to be completed after October 15.
MM IX-2: To reduce erosion hazards due to construction activities, grading shall
be minimized and project applicants shall use runoff and sediment control
structures, and/or establish a penanent plant cover on side slopes following
construction.
MM 1x3: Erosion control and bank stabilization measures shall be implemented
to ensure that the creek bank does not erode. In addition, alternative bank
protection methods, such as restoration of native vegetation, root wads, or other
bioengineering methods of stabilization, shall be used whenever possible. In
order to reduce long-term effects of soil compaction and changes in topography,
construction vehicles and personnel shall not enter the low flow channel and wet
areas. Construction mats and other devices shall be used whenever possible to
reduce impacts associated with soil compaction.
MM IX-4: All iemporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours
and topography.
MM 1x4: No construction debris or materials shall be allowed to enter the creek
bed, either directly or indirectly. Stockpiles shall be kept far enough from the
banks of the active channel and protected to prevent materials from entering the
creek bed.
MM IX-6: The following water quality BMPs shall be incorporated into the
project:
E Run-off Control. Maintain postdevelopment peak runoff rate and average
volume of runoff at levels that are similar to predevelopment levels.
a Labeiina and Maintenance of Storm Drain Facilities. Label new and
existing storm drain inlets with "No Dumping - Drains to Ocean" to alert
the pubiic to the destination of stormwater and to prevent direct discharge
of pollutants into the storm drain.
e 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.
RESOLUTION NO. 4565
PAGE 29
e Food Service Facilities. Design the food service facillty to have a sink or
other area for cleaning floor mats, containers, and equipments that is
connected to a grease interceptor prior to discharging to the sanitary
sewer system. The cleaning area shall be large enough to clean the
largest mat or piece of equipment to be cleaned.
a Refuse Areas. Trash compactors, enclosures and dumpster areas shall
be covered and protected from roof and surface drainage. Install a seH-
contained drainage system that discharges to the sanitary sewer if water
cannot be diverted from the areas.
e Outdoor Storaqe 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 andlor 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. lrnplement a regular program of sweeping and litter control
and develop a spill cleanup plan for storage areas.
* Cleaninq. Maintenance and Processins Controls. Areas used for
washing, steam cleaning, maintenance, and repair or processing must
have impermeable surfaces and containment berms, roof covers, recycled
water wash facility, and discharge to the sanitary sewer. Discharges to
the sanitary sewer may require pretreatment systems and/or approval of
an industrial waste discharge permit.
0 Streeffparkins lot Swee~ins: Implement a program to regularly sweep
streets, sidewalks and parking lots to prevent the accumulation of litter
and debris. Debris resulting from pressure washing should be trapped
and collected to prevent entry into the storm drain system. Washwater
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 6
p.m. Monday through Friday. No construction shall occur on Saturday or
Sunday. Equipment maintenance and servicing shall be confined to the same
hours. To the greatest extent possible, grading and construction activities should
occur during the middle of the day to minimize the potential for disturbance of
neighboring noise sensitive uses.
MM Xll-2: AII 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 dweliing units unless noise
reducing engine housing enclosures or noise screens are provided by the
contractor.
RESOLUTION NO. 4565
PAGE 30
MM X11-3: Eiquipment mobilization areas, water tanks, and equipment storage
areas shall be placed in a central location as far from existing residences as
feasible.
MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School
District impact fee.
OFFICIAL CERTIFICATION
I, KELLY ORE, Cii Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penatty of pe jury, that the attached
Resolution No. 4565 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the Ci Council of the City of Arroyo Grande on the
2arn day of January, 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed tfiis 29" day of
January 2014.
Minutes: ARC
Monday, February 2,2015 ATTACHMENT 2
Terry Payne, Miller Way, commented on potential noise issues associated with the use and the
need to conform to the City's noise restrictions.
Hearing no further comments, public comment was closed.
The Committee commented regarding the issue of the history owbuilding in making a
determination, the need to make the windows more subtle, thaduse of zinc plates relates to
how eclectic Olohan Alley is, and that seeing the the building is vital to the health
of the downtown.
John Rubatzky, to recommend to the Community
t with the following conditions:
be used in the rollup window;
the existing building trim; and
project by the HRC be required prior to a final decision on the project.
~he&n carried on a 4-0 voice vote
6.a. Consideration of Amended Conditional Use Permit 15-001, Lot Meraer 15-001: and
Variance 15-001; Location - 880 Oak Park Boulevard (APNs 007-771-053 and -062);
Applicant - Russ Sheppel
Staff Contact: Matt Downing
Assistant Planner Downing presented the staff report
The Committee asked questions regarding creek setback requirements, parking provided on the
site, development standard clarifications, and similar questions related to the project.
Steve Rigor, architect, Russ Sheppel, applicant, and Randy Alanzo, representative, spoke in
support of the project.
The Committee asked questions regarding building architecture revisions, installation of the
pedestrian path, lack of consistent application of detailing on plans, building height being
proposed, and the light well for basement units.
Vice Chair Peachey opened the floor for public comment.
Terry Payne, Miller Way, commented that the independent living was a better idea than the
townhomes previously proposed.
Hearing no further comments, the public comment was closed
The Committee made comments regarding concerns regarding parking and emergency vehicle
circuiation, the need for installation of the pedestrian path with the project, some clarifications on
Minutes: ARC
Monday, February 2,2015
PAGE 4
the proposed landscape plan, inclusion of as much LID features as possible, and reduction of
building height as much as possible.
Bruce Berlin made a motion, seconded by Mary Hertel, to recommend to the Planning
Commission approval of the project with the following conditions:
I) The parking calculations and demand, creek setback, and traffic considerations be
further vetted before approval;
2) The applicant shall comply with recommendations by the Army Corps of Engineers
regarding creek setback reduction;
3) Maintain the 37' building height limit previously approved; and
4) The preliminary plant materials and layout are acceptable and final planting plan to
be reviewed by staff for conformance with the preliminary plan.
The motion carried on a 4-0 voice vote.
7. DISCUSSION ITEMS:
None
8. COMMITTEE COMMUNICATIONS
Committee member Berlin announced that the the Community Service Grant
Panel is forthcoming..
9. STAFF COMMUNICATIONS
Assistant Planner Downing announced to holidays, the next regular meeting of the
ARC would need to be rescheduled.,.dommittee members concurred that they were available
on both February 17 and 23, on which day worked better for staff, Assistant
Planner Downing date tentatively be February 17, 2015 at 3:30
at 5:15 pm to a special meeting on February 17, 2015 at 3:30 pm.
y: Matt Downing, Assistant Planner preparY
at ARC Mtg )
tri nrj/hol mcs civil en~lnearlng lond surv~ylng p&l ,c works SSOC~QP@S ~ond oevaiopment
momoch 1h.s . bishop. redwood city. nopo
son iuis obiwo
June 1, 2004
Pults & Associates
3450 Broad Street, Suite 106
San Luis Oblspo, CA 93401
Facsimile: (805)541-4371
Attention: Kim Watch
Subject: Top of Bank Study for Sheppcl Properiv (APN Nos. 007-771-053 BL 062)
Dear Kim,
Based on a review of survzy data collected in January of 5001, it can be concluded that eieva6.on
of the bk& that consmains Meadow Creek to its channel a[ the location of the subject Sheppel
Prnperty i no greater than 73.82 feet (see Exhibit A). Furthermore, based on a site visit made on
May 26, 2004 it \vas discerned that the location of this survey shot was approximately 3 feet
higher than tho easterly top of bank. Therefor:, we feel that the highest top of'bank for h4eadow
Creek adjacent to the subject Shippel Properry is approximately 71 fzet.
Sincerely,
THA
CITY OF ARROYO GRAND
COhliV1Ul\iiR DEVELOPME:
'Attachment
'~~Slb\-mlt'Sharc\)03S'S'l 1.Wi b:.>-DDD03\TDPUF B.4\7; S?UDY.doc
jg j <homo street, sv)cm o\ son iuis oSilpo, rc 93QD5 . (805) 544-8008 . for (805) 544.5932 . slo@triadnoImes.com
Jun 01 2004 4:lEPN Tr~ad/Holmes Rssoc~ates 805-544-@932 P.2
EDGE OF U'A Ti+? LINF PER
SUr?Mf' JANUARY 2001
EX/S ZING 45 ' Sf OPE
BANK & DRA/NAGE
EASEMENT PER 2223 O.R.
SCALE 1lr50'
ATTACHMENT 4
101 EAST VICTORIA STREET P.O. BOX 98
SANTA BARBARA. CALIFORNIA 93102
805-963-9532 - FAX 805-966-9801
2051 NORTH SOLAR DRIVE
SUITE 225
OXNARD, CALIFORNIA 93030
835-983-7499 - FaX 805-983-1826
W.O. 13,326.01
June 2, 1999
City of Arroyo Grande
214 E. Branch Street
City of Arroyo Grande
Community Development DePt.
JUN 0 4 1999
Arroyo Grande, CA 93421
Attention: Mr. Hemry Engen,
Interim Pianning Director
I Subject: Traf'fic Impact Assessment for Conditional Use Permits No. 98-573
(Kennedy) and 98-572 (Sheppel), Arroyo Grande, California
Penfield & Smith (P&S) has prepxed the following trafiic assessment of the potential
traffic related impacts associated with the subject projects. This report identifies &he
peak hour trip generation for the two project individually and cumulatively.
Intersection analysis on an existing and cumulative basis is also provided to evaluate
the level of service and the ability to maintain the City's desired LOS C, on an
individual and cumulative basis. The scope of work was coordinated and approved by
the City of Arroyo Grande prior to the preparation of this study.
PROJECT DESCRIPTION
The City is presently reviewing two development proposals known as Conditional Use
Perinit No. 98-573 (Kennedy) and 98-572 (Sheppel). The Kennedy proposal is for the
development of a 19,000 square foot health club and 58 parking spaces. The Sheppel
project is to develop an 11,335 square foot office building with 34 parking spaces.
Boih of these projects are located at the intersection of Oak Park Boulevard and
James Way. On the project site, a 7,560 square foot office building presently exists.
The January 11, 1999 project site plan is on file in the City Planning Department.
Access to the project site is provided via an existing 26-foot wide drive on James Way.
On-site parking for 155 vehicles is proposed to serve the planned land uses. The
project site plan would maintain the secondary access for the hotel use to the south of
the project site. No access is proposed to Oak Park Boulevard.
EXISTING CONDITIONS H
Land Use
On the project site, a 7,560 square foot commercid office building is constructed and
occupied. To the south of the project site, lies a hotel use with access to Oak Park
Soulevard and to James Way through the project site. To the east lies a vacant
Mr. Henry Engen
June 2, 1999
Page 2
property with an apartment complex beyond the vacant property. To tihe north lies
the Four Square Community Church. At the church, a day carelpre-school is
presently open. The peak hours appear to be around 3 PM during the weekdays for
the school and on Sundays for the church use. The Church driveway is located
approximately 30 feet to the east of the project driveway.
Traffic Volumes
The most recent daily tr&c counts for Oak Pxk Boulevard near James Way were
obsemed in 1996 for the GENCOM development. At that he, the daily traffic volume
14,500 ADT. The posted speed limit for Oak Park Boulevard and James Way is
40 MPH. This portion of James Way is striped to provide bike lanes on both sides of
the street, one travel lane in each direction with a center left turn lane.
The study area for this analysis encompassed the intersections of Oak Park Boulevard
at James Way and at W. Branch Street. Tlne current intersection level of service and
average delay is 11.0 seconds per vehicle at Level of Service (LOS) B for the W. Branch
Street intersection' and 11.7 seconds per vehicle/ LOS B for the James Way
intersection>. The City of Arroyo Grande has a signiiicant impact threshold of LOS C
for peak hour intersection operation. The exisring traiiic volumes on the adjacent
road system are summarized in Exhibit 1.
PROJECT TRAFFIC
Typically, the Institute of Transportation Engineers (ITE) provides guidance on the
expected trip generation characteristics for land use as related to traffic impact
analysis. For the office component of this traffic analysis, the ITE trip rates provide a
good estimate oi the traffic related to this use. For the health club, the ITE source
provides data for one facility. When the ITE trip data is lirrited, another the trip
generation resource is commonly used. The San Diego Association of Governments
(SANDAG) has a localized summary of trip making data for some unique or other
limited data. Also, for the health club use, P&S has recently completed a simiiar
analysis for a YMCA and developed trip rates for this type of health club. To
determine the appropeate trip generation for the proposed health club, the available
data was averaged and applied to the proposed square footage. The trip generation
rates used ia this analysis are summarized in Table 1. Once the trip generation rates
were found ior the project land uses, they were applied to the proposed building
square footage and the trips generated by them are summarized in Table 2.
As seen in these trip tables, the Kennedy Health Club is expected to generate 452
daiiy nips with 25 AM peak hour and 28 PM peak hour rips. The Sheppel Office
building is expected to generate 124 daily trips with 18 AM peak hour and 17 PM
peak hour trips.
' The exisring intersection traffic volumes for this inrersection were based on data collected in 1998 for the Brisco
Skeet Interchange by Higgins Associates.
'The existing intersiction traffic volumes for this intersection were based on the data provided in the 1996
GENCOM Development Traffic Analysis.
I Mr. Henry Engen
June 2, 1999
Page 3
Table 1
Trip Generation Rates
Kennedy - Sheppel Developments
Table 2
Trip Generation Summary
Kennedy - Sheppel Developments
CLUB
ADT
(TE/ADT)
NA
30
17.6
23.8
ITE
[Code 493)
It is difficult to accurately estimate the overlap between the number of office workers
&at will stay at the site and use the health club on a typica! weekday. The positive
effect on reducing the traffic impacts will occur. As an example if 10% ofthe office
empioyees choose to use the health club afrer work, the number of PM peak hour
inbound trips to the health club would be reduced by 1-2 trips, as wouid the PM peak
hour outbound trips from the office be reduced by 1-2 trips. This phenomena has not
been accounted for in the project trac volumes used in the following analysis and
provides a very worst case analysis for this traffic assessment.
43 KSF
0.19 OFFICE
(ITE code 7 10)
!
Once the amount of the project traffic that could be added to the adjacent road
system was found, the trafiic was assigned to the road system using the following
general factors. These factors were based on our knowledge of travei patterns in the
.Arroyo Grande area and previous studies. The distriburion of project traffic is
graphically depicted oc Exhibit 2.
SANDAG NA
P&S 1 4SKSF
AVERAGE / 44 KSF
N A 11.01
'
!
!
I
&Peak&
In Out Total
1.37 1.56
0.14
PM Peak Hour ' ---
In Out Total
0.1 6 1 0.30 2.62
1.62
1.02 / 0.43 / 1.45 j 1.43 ----
0.86 I 0.47 I 1.33 I 1.51
0.25
LAND USE
HEALTH
CLUB
OFFICE
0.701 0.50 I 1.20
Size
19 KSF
11.335
KSF
1.68
1.08
0.90
1.41
1.24
Project Total
ADT
(TEIADT)
452
q.30
2.70
2.33
2.52
1.49
PM Peal: Hour -
In Out Total
124
I
576 32 11 43
AM Peak Hour
In Out Total
48
17
65
29
3
32
25 16 19
14
33
9
Mr. Henry Engen
June 2, 1999
Page 4
Kennedy Sheppel
Health Club Office Building
on Oak Park Boulevard 5%
on US Xighway 10 1 35%
South
on US Highway 10 1 25%
on Oak Park Boulevard 10%
East
on Janes Way 5% 10%
on W. Branch Street 20% 20%
Total 100% 100%
PROJECT TRAFFIC INFACTS - Baseline Conditions
To assess the potential future impacts of the projects, a baseline level of backsound
traffic to sirnulate the "existing" trafilc volumes. This baseline level of uaffic
represents the traffic from approved and pending known projecrs in the City oi Arroyo
Grande that have not been built. This baseline level of traffic for this project was
taken from the GENCOM Development traffic study and updated to include the recent
work performed by Higgins Associates relative to the Brisco Smeet Interchange PSR.
The baseline traffic volumes for the two study area inrersecrions a-e presented in
Exhibit 3.
Using the traffic volumes depicted in Exhibit 4, the PM peak hour intersection
operation was evaluated using the latest Highway Capacity Manual (HCM-98)
methodologies. The resultanr intersection levels of service and delay are summarized
in Table 3.
Table 3
PM Peak Hour Intersection Operation
Baseline Conditions
Location
Oak Park Blvd at
W. Branch St.
Baseline
14.1 sec/veh
Type of
Control
Traffic
Traific
Signal
LOSB LOSS LOSB
4- Health
Club
James Way I LOS B
11.5 sec/veh
LOS B
14.5 sec/veh 14.2 seclveh 1A.6 sec/veh
.- Office Cumulative
11.6 sec/veh
LOS B
I
11.6 sec/veh
LOS B
11.7 sec/veh
LOS B
Mr. Henry Engen
June 2, 1999
Page 5
As seen in Table 3, the level of service does not exceed the LOS C threshold of the Ciry
of Arroyo Grande. The project(s) are not expected to create any signzcant trac
related impacts under baseline conditions.
PROJECT TRAFFIC IMPACTS - Build Out Conditions
I
To assess the potential future impacts of the projects, a build out level of background
traffic to simulate "he 'ultinate" traffic volumes. This level of traiiic represents the
trafiic from all developments in the Arroyo Grande General Plan if constructed per the
applicable zoning ordinances. This build out condition is projected to occur in a 15-
20 year time frame. This build out level of traffic for this project was taken from the
GENCOM Development trdfic study and updated to include the recent work
performed by Higgins Associates relative to the Srisco Street Interchange PSR. The
build out traffic volumes for the two study area intersections is presented in Exhibit
4.
Using the traffic volumes depicted in Exhibit 5, the PM peak hour intersection
operation was evaluated using the latest Highway Capacity Manual (HCM-98)
methodologies. The resultant intersection ieveis of service and delay are summarized
in Table 4.
I
I
Table 4
PM Peak Hour Intersection Operation
Build Out Conditions
r Location / Type of / Baseline 1 +Health 1 + Office / Cumulative 1
!
W. Branch St. Traffic 17.2 sec/veh 17.6 sec/veh
Signal LOS B
As seen in Table 3, the level of service does not exceed the LOS C threshold of the City
of Arroyo Grande. The projectls) are not expected to create my significant rrafilc
related impacts under baseline conditions.
PROJECT SITE IMPROVEMENTS
Based on site plan as proposed and the projected fumre traffic volumes, the frontage
improvemenrs along Oak Park Boulevard and Jarres Way were assessed. As the
intersection is projecred to operate at very good LOS C, no addiiional frontage
improvements are recommended.
The proposed site access on James Way is located at an adequate distance from the
Oak Park Boulevard intersection. The driveway to the Four Square Church is located
Mr. Henry Engen . .
June 2, 1999
Page 6
cLiagonally from the proposed project access, but should operate adequately due to the
different peaking characteristics of the two land uses. However when the vacant
property to the east develops, a single driveway access for the project site and the
vacant property access will need to be aligned with the church driveway, or shared/
combined at the current project driveway location.
Based on the ITE parking data3 and the Urban Land Inshtute data4 for time of day
usage, the adequacy of the mount of parking being provided was detemmed. In
general terms the office component of the existing and proposed uses would require a
total of 57 spaces at the peak of the oflice parking demand be of 10 -1 1 AM. The
health club parking generally peaks between 6 and 7 PM with a space requirement of
83 spaces. The combined parking requirement total of these two uses could be as
high as 140 spaces. However, the parking demands for the office and health club
uses do not peak at the same time.
Based on the ULI data, the office parking demand at 6-7 PM is about 23% of the peak
or 13 spaces. During this peak period at the health club, a total site parking demand
of 96 spaces would exist. At the office peak time 10-1 1 AM, tke health club parking
demand is negligible. At mid-day, the office parking demand would total 51 spaces
based on the ULI time of day parking demand data. Assuming that the mid-day
health club parking demand could be 50% of the evening peak, the health club
parking demand could be 42 spaces for a total site parking demand of 93 spaces.
Even if the health club parking were to reach it's peak at noon with a demand for 83
spaces, the total site parking demand at noon would be 134 spaces. The proposed
site plan provides 155 spaces, which is expected to met or exceed ~e existing and
proposed parking demands during the morning, mid-day and eveni-ig peak parking
demand periods.
SUMMARY
A traffic assessment of the potential traffic related impacts associated mth two
development proposals was conducted. It was found that the combination of the
traiiic volumes generated by the two projects would total 576 ADT, 43 AM and 65 PM
peak hour trips.
The PM peak hour intersection operation for existing, baseiine and build out
conditions indicate that the project would not create any signiilcant impacts nor
exceed the City of Arroyo Grade Lnpact thresholds.
/
The need for additional frontage improvements or driveway modiilcations are not
recommended at this time, based on the current site plar,. On-site parking provisions
are adequate for the size and type of land uses proposed.
' ITE Parking Generation, yd Edition, pages 73 and 74.
Urban Lad Institute, Shared Parking, 1987, Page 86.
Mr. Henry Engen
June 2, 1999
Page 7
This concludes our trdic assessment for CUP No.'s 98-573 (Kennedy) and 98-572
(Sheppel). Should you have any questions, feel free to contact me directly.
Very truly yours,
PENFIELD & SMITFi
c&Lk Step enA. Orosz,P.E.,P.T.O.E
Se&r TrafEc Engineer
Attachments
ATTACHMENT 5
OEG Ref 010204
April 30, 2004
Mr. Rob Strong
Community Development Director
City of Arroyo Grande
214 E. Branch Street
Arroyo Grande, CA 93421
Subject: Sheppel -Kennedy Parking Lot Operation Monitoring Results of Survey No. 1
'Dear Mr. Strong:
In conjundion with the review of pending applications for conditional use permits, the City of
Arroyo Grande has required that the parking facilities at the Sheppel - Kennedy site be
monitored for a period of time to document the parking space occupation and utilization. The
foilowing report has been prepared to summarize our findings and recommendations after the
conclusion of the first survey.
Introduction and Overview
Currently, there have been times when apparent parking shortages have been reported to the
City and to the property managers for the project site. Issues pertaining to where certain
patrons! patientsftenants are parking, total spaces available, and adherence to the parking
restrictions currently on site.
The goal of the parking monitoring program is to evaiuate the effectiveness of the parking
information being implemented by. Kennedy Ciub Fitness to direct their employees end guests to
parking in certain areas during certain times and the signage of Sheppel Medical Office parking
areas during certain times of the day.
The parking program includes the foliowing elements that have or will be implemented as
needed during the course of themonitoring program.
I. Parking area signage for Sheppel and Kennedy Ciub uses. (Done)
2, Parking information to be mailed to and shared with all Kennedy Club employees and . ,
guests. (A large sign have been on display in the lobby since February 2004.)
3. Parking Lot modification near Sheppel 1 office building to physically separate the
Kennedy Club parking from Sheppel parking.
4. Modify James Way driveways to facilitate one way in and one way out traffic flow. Thi,s
would include opening the existing closed 'upper" driveway and modifying the parking
space arrangement and signage to direct vehicies in and out the correct way.
5. Obtain off-site parking areas for Kennedy Ciub empioyees, (Done)
6. Construct additional parking areas on-site.
Mr. Rob Strong
April 30, 2004
Page 2
To address the parking concerns, it was determined by the City's Planning Commission that an
independent parking survey should be conducted. The Planning commission directed staff to
deveiop an appropriate scope of work and to conduct the survey. Orosz Engineering Group,
Inc. (OEG) was seiected toconduct the monitoring program for the City.
The Public Works and OEGstaff reviewed the day to day and hourly variation of the Kennedy
Club Fitness patrons that had been provided to the City during the last set of heaiings on the
project.' Ps a result of this review, the City felt that a survey on a Monday and a Thursday
between the hours of 7 AM and 5 PM would capture the peak parking periods of the Health
Club and medical office tenants. During this time frame, detailed parking observations would
be conducted. The obsetvations would inciude: exactly where a vehicie was parked, how long
a vehicle was parked in a certain staii, and where the occupant was going to.
To accompiish this task, DEG representatives were on-site during the survey hours. At 30
minute increments, the typ2 and color of vehicles were documented and logged on a survey
sheet. Similar information was obtained by the medical ofice and health club staff at their
respective lobbies. After the survey, the duration of each vehicle by space was determined.
Once this was found, the parking area occupancy was found, as weli as how long a space was
occupied.
Tie existing on-site parking area was separated into four logical parking areas. The following
table and map describes each parking area.
/ 7 days per week
B 1 70 / 24 spaces i All site tenants 1 3
Area
A
1 / 7 days per week / Medical Offices
D 1 54 / No Restrictions 1 Kennedy Ciub Fitness 1 0 .I
Number
Of Spaces
22
C
The parking survey also documented the total site parking space occupancy between the hours
of 7 AM and 6:30 PM. This information wiil be used to determine how much parking the
Kennedy Club Fitness is using during their peak operating times.
I , 24 hours per day/
The last portion of the survey studied the operation of the James Way access. PM peak hour
traffic counts were collected at the project driveway at 15 minute intervals and the number of
Medical Offices
Restricted Uses
Time Limits
Exclusive Parking for
880 Oak Park Boulevard
16
' A copy of the Kennedy Club hourly variations is attached to the rear of this letter.
Primary Number
Tenants/Uses
Exclusive Parking for
/ ,"""i;E:s
2
880 Oak Park Boulevard
No Fitness Center Parking
Mon-Fri 7:30-6 PM
No Fitness Center Parking
24 hours per day/
Parking for 880 and 860
Oak Park Bouievard
0
Mr. Rob Strong
April 30, 2004
Page 3
vehicles waiting to turn left at the intersection with Oak Park Boulevard were documented. This
information was gathered to provide information to the Civ to assist them in making an
educated determination with respect to the potential affect of opening the upper site driveway
to incoming vehicle traffic.
Survev Results
The surveys were conducted on Monday, March 29, 2004 and Thursday, April 1, 2004. The mix
of site operations during the survey days is summarized in Tabie 1. As shown in this table, the
survey days covered typical site operations. However, it is noted that the first floor of the 880
Oak Park Bouievard medical ofiice buiiding was vacant during the survey.
The summa4 data for each day's survey is provided in the appendix to this letter. The
averaged data for the survey period is provided in Tables 2, 3, 4 and 5. Tne following
discussio'n pertains to the data found in these tables. In general, parking areas "appear" to be
full or at capacity when the occupancy rates reach 85-95% full.
During the survey, the medical office uses were operating within normal hours. Based on
information provided by the Kennedy Club relative to the site usage during the suiveys, Monday
was twice as many patrons as the Thursday su-vey day. The houriy variation of patron usage
for the Kennedy Club can be found in the appendix to this report.
. .
Overall Site Usaae - Table 2
Based on the two-day average of the survey data, the overall site reached a maximum
occupancy of 84.6% at 9:00 AM. At this point in time, there were 25 vacant parking spaces on-
site. During the 9:00 AM - 11:OO AM time frame, sub areas A and B were operating at or
above the 85% space occupancy. Later in the day (5:30 - 6:30 PM), the shared parking area B
and adjacent parking area D near the Kennedy Club reached 85-93% occupancy.
In summary, the site as currently occupied operated within acceptabie parameters. There were
very few people parking in the designated parking areas in Area A and 8, which did not go to
the buildings that the spaces were allocated too. Area D, that prohibits Fitness Center parking,
did have about half of the vehicies observed using the health ciub facility.
During the surveys, Sub Area A and D did experience 100% capacities for certain time periods.
Sub Area A did experience 100% occupancy at 2:30 PM, while Area D experienced 100%
occupancy between 8:30 and 9:OO AM. On Monday, Area A functioned at over 05% parking
space occupancy between 9:00 AM and 10:OO AM, 11:OO AM and Noon, and between 2:30 PM
and 4:DD PM. Sub area 8 experienced over 85% occupancy between 9:00 AM and 11:00 AM
and between 3:30 and 5:30 PM. Area C never experienced over 50% occupancy all day. Area
D experienced over 85% occupancy between 8:30 and 9:00 AM and between 5:15 and 5:45
PM.
During the Thursday survey, only one sub area during one time period reached 100%
occupancy. This sub area was Area A at 10:00 AM. For the other sub areas, 85% occupancy
or higher was reached between 9:OO AM and 11:QO AM for Area A, 10:00 to 10:30 AM and
1315-6:30 PM for Area B, and Area D experienced the high occupancy between 9:00 - 9:30 AM
and 5:30 to 6:15 PM. Area C reached a maximum occupancy of 62.5% at 6:30 PM.
Mr. Rob Strong
April 30, 2004
Page 4
There were 3,780 square feet of medical ofice that was not occupied during the survey, Based
on the average of empioyees (2.8 spaces per 1000 square feet) and patient (approximateiy 1
space per lOD0 square feet) parking demands observed, the vacant medical offices could
generate an additional parking demand of 15 spaces (4 spaces per 1000 square feet * 3.780
thousand square feet).
Even kith the additional 15 spaces that couid be associated with the vacant medical offices, the
site wouid stiii have 10 spaces vacant or 93.8 % fuli. However, there couid some overcapacity
parking demands during peak times of the day, as the avaiiabie parking in Sub Area B (the area
designated for the vacant office's parking) had less than 10 availabie parking spaces during the
peak 9:00 to Noon time frame.
Site Parkino Space Utiiization Data -Table 3
The data in this tabie was determined by matching the number of times a certain vehicie was
observed occupying the same space during the surveys. A vehicie observed once was
considered to be at the site 30 minutes or less. A vehicle observed twice was considered to be
at the site 60 minutes or less, etc. Vehicles observed for more than two hours were assumed
to be employees. The majority of the medical office visits were found to be in the less than 75
minute time frame, based on discussions with the doctor's offices. By observation and
confirmed by the health dub staff, it was noted that the Kennedy Ciub patrons were at the site
between 60 and 90 minutes on the average.
. .
The data in this tabie indicates that there is a significant amount of short term parking
occurring in area's A, B and D. The usage of Area Cis more baianced between long and short
term parking. The affect of the iong term parking on the short term avaiiability in each parking
area is evaluated in Tables 4 and 5.
Lono Term Parkina Data - Tabie 4
The data summarized in this tabie attempts to determine the time of day when there is a
significant number of long term parkers relative to the totai number of parked vehicies
observed.
As seen in this tabie, iong term parking takes up approximateiy 50% or more of the total
observed parking demands In Area A most of the day. At the peak parking time (1 PM), 75% of
the spaces occupied were long term vehicles. At the ieast, 36% of the observed vehicles were
iong term during the surveys. The data indicates that about a third of thevehicles are long
term parkers in Area A.
In Area 8, the long term parking as a percentage of the totai observations ranged from 13%-
53%. The average percentage was between 40% and 50%. This information indicates that
there is a significant number of iong term parking in a marked patient parking only area.
Similarly, in Area C the long term parking as a percentage of the totai observations ranged from
20%-100%. The average percentage was over 50%. This parking area currentiy fundions as
an overfiow parking area, with some empioyee parking aiready occurring. However, with about
3-4 long term vehicies parking in this area, not ali of the 54 empioyees on-site are parking in
this area.
Mr. Rob Strong
Aprii 30, 2004
Page 5
Lastly, in Area D, the range of long term parkers was found to be 3-12%, with an averags of
about iO%. This indicates that this parking area is used by mostiy patients and patrons of the
site.
As seen in this tabie, a significant number of iong term parking is occurring in the limited
parking area reserved for fne 860 and 880 Oak Park Bouievard professional offices (Sub Areas A
and 8). This indicates that employees of the offices are parking in the small designated parking
areas and occupying spaces that could be avaiiable for patients. The combination the employee
parking and the two handicapped parking spaces in this area, limits the availability of these
spaces to be used by the general public/patients. Analysis of this data is expanded on in Tabie
5.
Lonp Term Parkinq Data for the Shared KennedviShe~~ei Parkino Area (Area B) -Table 5
The purpose of this analysis was to evaluate the affects of the iong term parking observed in
this area. In this sub area, 24 spaces were designated for Medical Office patient parking oniy
between 7:30 AM and 6:00 PM, Monday through Friday. Of these spaces, 8-15 spaces were
occupied by iong term parkers that were observed to be empioyees of the medical offices
during the.peak hours of 8:00 AM and 3:00 PM. By the strict interpretation of the parking signs
posted on the site, these vehicles could be towed and the spaces made available for patient
parking.
in ?nne remaining pmtion of Area B, there are no restrictions on the 46 spaces in terms of
parking. The long term parking component of this area was 8-15 spaces between the hours of
9:DO AM and 4:30 PM. The majority of these iong term parkers were located in the parking
area farthest from the Kennedy Ciub Buiiding and medical offices. Most of the spaces in front
of the Kennedy Ciub buiiding were avaiiabie for patrons.
The operation of the existing lames Way driveway access was evaiuated. During the aRernoon
peak hours of 4:00 - 6:00 PM, manual turning movement counts were conducted for the
intersection focusing on traff~c entering oy ieaving the site.
The results of the turning movement analysis are shown below in Table 6.
Tabie 6
Intersection Turning Movements at lames Way - ~onda~/Thursda~
Mr. Rob Strong
Aprii 30, 2004
Page 6
The turning movement data indicates that the majority of traKIc entering the site is oriented
toward Oak Park Bouievard - over 80%. Further during the traffic counts, entering vehicies
were observed to swing wide upon entering the site and cross over into the outgoing vehicle
patk on numerous occasions. Atso at the first turn on-site into the parking fieids, vehicies
were aiso observed to cut the corner and travei into the other side of the drive aisie. With the
landscaping and vertical grade change that exists at this location, visibility is limited. Severai
near misses were observed at this iocation.
Tine queue of vehicies waiting for the ieft tum signal on lames Way at the Oak Park Boulevard
intersection reached a maximum of five vehicies with the majority reaching four vehicies or less
during the PM peak hours. The ieft turn lane has adequate storage for 4-5 vehicles (125 feet).
Tine closest James Way driveway could be 226 feet. This indicates that the left turn traffic at
the Oak Park Boulevard intersection wouid not be expected to affect the operation of left turn
traffic at the proposed upper site driveway.
Sumrnaw and Analvsis
To document the parking characteristics at the Kennedy - Sheppei medical offtcejhealth club
site, two surveys were conducted on a typical Monday and typical Thursday during the week.
The data indicated that the site overall has adequate parking availabie to tenants, patients and
patrons. However, the management of the parking spaces remains a problem. The problem
:t-,m ?.nt from parkers using spaces that are not designated for their buiiding,but employees
parking close in. Aiso, the designation of the parking area furthest from all of the buiidings is
iimited to the medical ofi~ce buiidings. The observed use of this parking area is for iimited
employee usage and overflow for Kennedy Club patrons.
Based on the traffic volume data collected, over 80% of the vehicles entering or leaving the site
travel toward Oak Park Boulevard. Aiso, many vehicles traveling on-site do not utii~ze their own
travel iane.
Recommendations
The following recommendations have been developed by OEG staff and reviewed with the
Pubiic Works Department to address the parking and vehicle operating behavior observed.
1. Strongly encourage all employees to utilize parking in Area C to allow the high turnover
patientjpatron parking to utiiize the close in spaces. This will include redesignating Area
C for employee parking only.
2. The propeity owner should instali additionai parking iot lighting in Area C to provide
adequate nighttime visibility.
3. Open the westerly or upper driveway to the project site for right turn access only from
lames Way. This wouid include appropriate signage, removal of the asphalt berm,
temporary removal of eight parking spaces immediateiy adjacent to the driveway, and
the repiacement of at least eight parking spaces on-site. These spaces could be
provided on road base only; no asphaited parking areas are required.
4. Install 50 linear feet of doubie yeliow painted pavement stripe at the existing
entrancelexit to clarify the entry and exit lanes.
Mr. Rob Strong
April 30,2004
Page 7
5. Schedule a limited survey to assess the operation of the driveway modification and
parking lot occupancy after the modifications are completed.
This concludes the summary and analysis of the first ~enned~-~he~~el parking survey. Should
you have any questions, feel free tocontact us. OEG, Inc. thanks you for the opportunity to
meet your needs on this exciting project.
Sincerely,
StephenA. Orosz, P.E., P.T.O.E.
Orosz Engineering Group, Inc.
Enclosures
Table 1
Summary of Site Tennats
Survey Number 1
860 Oak Park Boulevard Number Square
Hours Days Emolovees Footage
Suite 101 BAM - 5:00 PM M-F 6 5220
Suite 102 6AM-330 PM M-F 10
Suite 231 8AM .6:00 PM M-W 4 5220
8AM - 6:00 PM Th-Fri 4
Suite 202 8AM - 5:00 PM M-F 3
Suite 203 8AM - 5:00 PM M-F 4
Suite 204 8AM - 12 Noon M 5
1:15 PM - 5PM W 5
Suite 301 By Appointment Only 1 900
Buiiding Total 32 11340
Empioyees per 1000 Square Feet 2.82
880 Oak Park Boulevard
Number Souare
Hours Days Employees Foolape
Suite 101 Vacant NA NA
Suite 102 Vacant NA NA 3780
Suite 103 Vacant NA NA
Suite 201 7:30AM . 5:30 PM M-Th 5 3780
Suite 202 ?AM - 7:00 PM M-F 4
Buiiding Total 9 3780
Employees per 1000 Square Feet 2.38
(occupied space only)
. , , .
Kennedy Club Fitness
5AM - 10:00 PM M-F 1OtalG 18500
Building Total 13 18500
Employees per 1000 Square ieel 0.70
Slte Total
Buiiding Total 54 33620
Employees per 1000 Square Feet 1.61
Tab& 2
SileParkint Spa- Uiilzalon Dela by Subare andinmi
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B
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9- a I .w ISi D I $0" X . 9 I <,I IX .> 2, at ..I1 L I 1,-
sm I) 5.
,om I, 10 ill (0- U 2, 4,. %om 8 . nl I= s 1 ." I,
(em ~1 10 I,. lam Y n 101 (1 4 -1%
wm = tm 11
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: I, , UI %Urn I Q ,,I h;n , 4 &.%
scm 1 I .,
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t!Q jl I ,<I I(
11:s 11 I II,. IIrn LU 2,s ! I < ID" (1- jl 1 11" <I
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ow 2 I 5," .,
vm %(I (0 rn% r I ,/ Y. x 1
(:m U 2 ,,I q
2m II s, m* ~rn u i? IS 2 I 4 78%
1. 1 3% ,I
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> 8 1 111% 3 9. YI
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am II I 1% ~i
Lr.r., rl 'we* rn *?.en ,r 51s*1 *
B
She~oel Percent
Total ~bi Long Term
7:OO ; 7 3 46%
Table 5
Long Ten Parking Space Utilization Data Subarea I3
Kennedy Percent
Total Lot Long Term
28 2 5%
Sheppei Kennedy Sheppel Kennedy
Zone B Zone B Zone B Zone B -
51 194 29.3% 34.4"' 30 Mininus or less
64 154 36.8% 27.3% 31-60 Minutes
15 119 8.6% 21.1% 61-90 Minutes
7 39 4.0% 6.9% 90-120 Minutes
37 58 21.3% 10.3% lvlore than 2 Hours
Capacity 24 Capacity
ATTACHMENT 6
OEG Ref 50303
June 3,2013
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
Subject: Arroyo Grande Assisted Living & Memory Care Project; Dr. Russ Sheppel
Orosz Engineering Group, inc. (OEG) is the traffic engineering company used by Dr. Sheppel for nearly a
decade, regarding the property at Oak Park and James Way and the existing entitlements for Tentative
Tract Map 2813. We have anaiyzed the off-site traffic impacts and on-site parking impacts of thevarious
projects that have been proposed. Many of these studies are still valid, whiie some may require
updating. Al! of the studies are generaily applicable to the requested modification to the entitlements,
Dr. Sheppei is seeking. The previous studies address various specific traffic needs of the site and the
development adjacent to the creek.
The modification from the existing entitled project to a senior assisted living faciiity wil! result in iess
parking demand and less traffic impacts. Dr. Sheppel has discussed his updated project application to
amend the existing entitlements and we can support that request, based on the decreased parking
demands and simiiar traffic loads.
We iook forward to assisting Dr. Sheppei on this new endeavor. Shouid you have any questions, we will
be giad to discuss them with you. Fee! free to contact us as you need to during this process.
Sincerely,
Stephen A. Orosz, P.E.
Traffic Engineer
Orosz Engineering Group, lnc.
PO Box 1262 . Santa Ynez . CA . 93460 . 805-688-7814. oegOoegsite.com
ATTACHMENT 7
MEMORANDUM
Date: Februq 20,2015
To: Russ Sheppel
From: Joe Fernandez and Knsta l'urser, CCTC
Subject: Meadow Creek Traffic Issues Review
Thts memorandum summarizes our review of traffic issues for the assisted living project proposed for 880 Oak
Park Boulevard in Arroyo Grande.
SUMMARY
Multiple development alternatives have been approved for the project site over the past twenty years. These
include the deveiopment of 18 townhomes and 8,000 square feet of offices; 25,000 square feet of medicai
offices; and the current proposal of an assisted Iiving/memoly care faulity with 70 beds and 16 independent
living units. Table 1 summarizes the trip generation and parking demand for tile three project descriptions
approved over the years.
The medical office uses would generate significantly more vehclc trips and parking demand when compared
to the proposed project and the residend alternative approved in the early 2000s.
Site access and on-site &culation are adequate as proposed. The findings in the aansportation and pariring
studies prepared in 2004 and 2006 by Orosz Engineering Group are applicable to the proposed project since
the site uses and surrounding conditions have not changed substantially. Further details are provided in the
following sections.
(805) 316-0101
895 h'apa Avenue Suite A-6, Mono Bay, CA 93442
Meadow Creek Traffic Issues
PARKING AND TRIP GENERATION ESTIMATES
Patking estimates were developed using the Intitute of Transportation Engineers' Parking Generation report,
which summarizes parlung demand studies for a variety of land use types. The studies typically report average,
85h percentiie, and 33" percende values of parlung demand for a given land use among other statistics. The
85Apercentile demand- which corresponds to the demand that wodd not be exceeded 85 percent of the time-
is commonly used for recommended parking rates. Note that these demand estimates are different from the
supply rates required by the City's Municipal Code, which governs the parking supply on the site.
Table 1 summarizes the 85" percenale parking demand for the proposed project and tu-o past project
descriptions. Thcse values are presented to show the relative intensity of the proposed project in comparison
to former uses approved for the site. The proposed project and residential alternative wodd generate less than
half of the demand of a medical office alternative.
Trip generation estimates were prepared to show the relative traffic generating intensity of the current
proposal compared to prior alternatives. All estimates were developed using data contained in the Intitute of
Transportation Engineers' Trip Generation Munual Table 2 summaiizes the trip estimates.
2. 1?'E Imd Use Code254, Assisted Living. Avnage rates used.
3. ITE hd Use Code 230, Residcntiat CondomKiurn/Townhouse. Avuagc nrcs used.
ITE Land Use Codc 710, Gmerd Offim. Av- tates used.
The medical office uses generate the highest peak hour and daily traffic levels. The residential alternative and
proposed assisted hving/independent living projects would generate sipficandy fewer new trips.
Centcal Coast Transportation Consulting
PREVIOUS TRAFFIC STUDIES
Four prior traffic studies have been prepared for the project site:
1. The &st, dated June 2,1999, was prepared by Penfield & Smith. It evaluates the traffic impacts of the
Kennedy I-Iealth Club and an 11,335 square foot office building proposed at that time. Both buildmgs
have since been constructed.
2. The second report dated April 30,2004 was prepared by Orosz Engineering Group, Inc. (OEG). This
report summ&es OEG's survey of parking occupancy on the site and recommends actions to
improve parking conditions. It notes that parking on the site is effectively fully utilized, recommends
internal circulation changes, and recommends that employees park in the parking areas near the creek.
3. The third report dated January 17,2006 was also prepared by OEG and evaluates the impacts of 22
residential units. It estimates 14 AM and 18 PM peak hou trips, which is only a nominal difference
from tile assisted living project currently proposed. This report found that the project's traific
generation would not impact the circulation system.
4. The fourth report dated April 26, 2006, also prepared by OEG, documents the peak hour vehicle
turning movements into the project site driveway and the New Ilope Church driveway across James
Way. The intent of this analysis was to determine the preferred access confwation at the projcct site.
Three options were considered at this time: 1) a single driveway opposite tile Church driveway; 2) a
single driveway offset from the Church driveway; and 3) two driveways, entrance only on the upper
and exit only on the lower driveway. The report concludes that due to the low levels of conflicting
turns any of the alternatives provides reasonable operations.
Reports 2, 3, and I were all prepared under sdar conhtions to what exists on the site today. Land uses and
buildmg sizes have not changed on the site since these reports were prepared. The land uses related to traffic
levels on James Way, including the residential developments to the north in the vicinity of Equestrian Way, and
to the south near Rancho Parkway, were all in place prior to 2004. Given that the proposed project generates
traffic and parking levels similar to the residential alternative evaluated in report 3, that report and its findings
are applicable to the proposed project.
SITE ACCESS AND CIRCULATION
Multiple access alternatives have been developed for thc site, wluch is subject to access easements for adjacent
parcels. The current plan, attached, shows the upper driveway (closest to Kennedy Club Fitness) as a one-way
inbound only access point with full access on the lower driveway. An alternative plan under consideration
maintains the current configuration uiih two-way access at both driveways.
Either option provides acceptable site access and on-site circulation. The two full-access driveways increase the
number of potential conflict points at the closely spaced driveways on James Way, but reduce the number of
vehicles circulating through the middle of the site. The inbound-only alternative has the opposite effect,
reducing confict points on James Way but focusing all outbound site traffic along the frontage of the proposed
assisted living/memory care fadty.
Please let us know if you have any questions
Enclosures: Site Plan
Central Coast Transportation Consulting
ATTACHMENT 8
From a strictly Municipal Code standpoint, the following parking requirements would be
in effect if the medical office buildings and health club were constructed today. This is
complicated, however, by the fact that there is no specific requirement for health clubs
in the Municipal Code. For this reason, staff has used the same 1 space1250 square
feet ratio used for the office buildings. The parking spaces required as identified in the
Penfield & Smith study are also included for comparison purposes.
Table . 1: .. - - Oak . . . . Park . Professional - . . .. . Plaza . - Existing - . . . Use Parking . . Requirements - - . .. .
Use Square- Spaces Required Spaces Required
Footage AGMC .. . PenfieldlSmith .. ....
/ Sheppel 1 (880 Oak Park / 8,866 sq. ft. ) 35 spaces / 57 spaces 1
Currently, 146 parking spaces are provided on the project site, with certain amounts
restricted for use by the medical offices during daytime hours. This is a five percent
(5%) reduction in the 153 spaces estimated to be required by the Municipal Code for the
Plaza. Looking at the Plaza under a peak demand scenario, a total of 164 spaces
would be required (Municipal Code requirements for 880 & 860 Oak Park plus spaces
required for Kennedy under the parking study). Under peak demand, a parking
reduction of eleven percent (1 1 %) exists for the site.
In total, 199 spaces are required for the Plaza under the approved required parking for
the existing development and the Municipal Code requirement for the proposed project,
212 spaces would be required under a full Municipal Code requirement scenario, and
223 spaces would be required under the peak demand scenario. These result in
parking reductions of three percent (3'/0), nine percent (9%), and thirteen percent (13%)
respectively when compared to the 193 parking spaces to be provided at the Plaza.
I '1
In accordance with AGMC Subsection 16.56.050.1, the total parking requirements may
be reduced to 80% of the required standard for shared uses. All of the theoretical
mixed-use parking reductions identified for the Plaza fall within this percentage of
deviation. However, if the Commission were to determine it not appropriate to include
the eighteen (18) spaces shared with the hotel in total parking provided, parking
reductions of twelve percent (12%), seventeen percent (17%) and twenty-one and a half
percent (21.5%) for the approved required, Municipal Code and peak demand scenarios
would be necessary. Table 2 summarizes these theoretical reductions.
Farro Building (Sheppel 2 -
860 Oak Park Medical
Building)
Kennedy Club Fitness
Bulldlng) I
46 spaces 1 11,500 sq. R.
72 spaces
153 spaces Total
83 spaces
140 spaces
I Parking
Peak Demand 223 spaces
Scenario Parking
13%
I
rn 21.5%
ATTACHMENT 9
Ororz Engineering Group, Inc
Memorandum
To: Kelly Heffernon
Don Spagnolo
City of Arroyo Grande
From: Stephen Orosz, PE, PTOE
Orosz Engineering Group, Inc
Date: April 26, 2006 OEG Reference 050305.
Subject: James Way Driveway Monitoring - Sheppel/Kennedy/New Hope Church
This memorandum documents the field data collected at your request in association with the
driveway options for the Sheppel Residential Project. At our meeting last week, the need to
document the vehicular turning movements at the existing Kennedy/Sheppel driveway and
those of the New Hope Church/School driveway was identified.
The City was interested in finding out the amount of turning traffic at these two driveways in
presenting information to the City Council for their consideration. The goal of the traffic count
data collection was to determine the number of conflicting movements that may occur with the
three access options for the Sheppel Site. The three options include the existing conditions
(one Sheppel driveway opposite the existing Church driveway), a single upper driveway on the
Sheppel site (offset about 50 feet from the church driveway) and two Sheppel site driveways
(an entrance only at the upper driveway and exit only at the existing lower driveway).
The traffic count data was to be collected during peak church site hours to determine the
maximum potential vehicle conflicts. The New Hope church site has a church, pre-school and
private elementary school (K-6 grades). The New Hope church has one service on Sunday
morning at 10:OO AM. The pre-school/school before and after school care has hours of 7:00 AM
through 5:30 PM for child care and 8:25 AM - 3 PM for the schools.
The data collection occurred on a Sunday morning (9:30 AM - 12:30 PM) and on a Tuesday
(6:30 - 9:00 AM and 2:30 - 6:00 PM). During these nine hours, all turning movements were
documented by 15-minute totals. The data is summarized in Tables 1, 2 and 3 for the Sunday,
Tuesday AM and Tuesday PM periods.
Once the data was collected, it was tabulated by Sunday peak hour for the start of church and
peak hour for the end of church. For the weekday, the data was tabulated by peak hour of
each driveway (school or Sheppei Site). During the AM peak hour, the peak driveway hour was
the same for both driveways (8:OO - 9:00 AM). During the PM peak hour, the school peak
occurred between 2:45 and 3:45 PM, while the Sheppel site driveway peaked between 4:45 and
5:45 PM.
1627 Calzada Avenue. Santa Ynez . CA. 93460.805-688-7814. oeg@quixnet.net
Page 2
During the data colleci~on, the number of opposing ieft turn vehicles totaied less than one per
minute for each of the survey time periods. During the nine hours, only one pair of opposing
ieft turning vehicles met each other. For the remainder of the time, left turn vehicles did not
have to wait any more than about 5-10 seconds to complete their turn. Most vehicles did not
have to wait at all to complete their turn.
The driveway turning movements for each of the three driveway options is depicted on Exhibits
1, 2, 3, 4, and 5 for the various data collection time frames. Based on these observations, any
of the three driveway alignment options provide reasonable operation for site access and access
to the school/church.
Should you have any questions, feel free to contact me.
End of Memorandum
1627 Calzada Avenue . Santa Ynez . CA . 93460 .805-688-7814 . oeg@quixnet.net
NEW HOPE
CHURCH
SHEPPEL
PROJECT
TUESDAY
PROJECT ADDED
4: 45 - 5: 45 PM
WEEKDAY PEAK HOUR
-
Orosz Engineering Group, Inc. \
50303 50305ex01 .dwg N.T.S.
NEW HOPE
CHURCH
Y i - - . -. - - - - - - - - - - - - - - - _-_-__?_.--____i_-__-__-----T-
B G a a ar. A- Ra r2 ..---_i---_-_ - -a=----..- i =---=--==;= --- =---- - ----=-----.-------
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SHEPPEL
PROJECT
I TUESDAY
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Orosz Engcneercng Group. Inc
PROJECT ADDED
4: 45 - 5: 45 PM
PEAK BOTH DRIVEWAYS
,- 1 50303 50305ex01 .dwg N.T.S.
Table 2
Tuesday AM Data Collection
Sheppei -Kennedy Site
Time
Period Church Driveway Sheppel Driveway 15 rnin
Begin Left In Right Out Left Out Right in Right In Left Out Right Out Left In Totals
6:30 0 0 0 0 8 6 3 3 20
6:45 2 0 0 0 12 10 5 3 32
7:OO 1 6 0 3 7 15 8 3 43
7:15 2 4 1 1 6 12 3 0 29
7:30 5 3 0 4 7 8 4 1 32
7:45 6 8 0 6 20 4 3 9 56
8:OO 4 6 1 1 18 4 4 5 43
8:15 6 15 5 2 16 12 0 1 57
8:30 14 39 5 3 19 6 0 I 87
8:45 4 12 4 3 33 14 3 8 61
Table 3
Tuesday PM Data Collection
Sheppel -Kennedy Site
Time
Period Church Driveway Sheppel Driveway 15min
Begin Left In Right Out Left Out Right In Right in Left Out Right Out Left In Totals
2:30 3 0 0 1 10 10 0 2 26
245 8 10 0 6 8 9 5 0 46
3:OO 7 31 10 0 11 13 6 2 80
335 3 9 3 2 7 7 I 3 35
3:30 3 7 3 1 12 8 1 1 36
3:45 1 5 3 1 13 5 5 5 38
4:OO 3 5 2 3 21 11 3 4 52
435 6 5 2 1 13 8 4 5 44
430 3 4 1 2 13 8 3 5 39
4:45 2 6 4 1 32 10 9 7 71
5:OO 1 4 0 2 26 14 7 3 57
315 3 3 2 2 29 15 9 2 65
NEW HOPE
CHURCH
JAMES WAY
m in
N -
SHEPPEL
PROJECT
9: 30 - 10: 30 AM
START OF CHURCH
Orosz Engineering Group, lnc.
OAK PARK BLVD.
NEW HOPE
CHURCH
JAMES WAY
L g- - = --- = =
m -
C) -
SHEPPEL
PROJECT
11:15 - 12:15 PM
END OF CHURCH
Orosz Engineering Group, lnc.
OAK PARK BLVD.
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Table 1
Sunday Data Collection
Sheppel -Kennedy Site
Time
Period Church Driveway Sheppel Driveway 15 min
Begin Left In Right Out Left Out Right In Right In Left Out Right Out Left In Totals
930 1 0 0 0 22 10 7 2 47 -
9:45 4 0 0 2 11 9 3 1 30
10:OO 6 2 0 7 9 6 3 0 33
10:15 1 0 0 1 7 3 2 1 15
10:30 0 0 1 0 8 10 1 2 22
lor45 0 0 0 0 12 15 9 4 40
11:OO 0 0 0 0 6 12 4 1 23
11:15 0 1 1 0 8 12 4 0 26
11:30 0 3 0 0 8 4 2 0 17
11:45 0 2 0 0 6 11 2 0 21
Noon 0 34 8 0 3 11 3 0 59
12:15 1 7 2 0 4 9 0 0 23
@
Orosz Engineer~ng Group, lnc
SHEPPEL
PROJECT
PEAK HOUR
8: 00 - 9: 00 AM
PEAK BOTH DRIVEWAYS
NEW HOPE
CHURCH
JAMES WAY
I?
SHEPPEL
PROJECT
PEAK HOUR
8: 00 - 9: 00 AM
PEAK BOTH DRIVEWAYS
Orosz Engineering Group, Inc.
NEW HOPE
CHURCH
Nul
JAMES WAY JT,-
-
c - - .- .- -~ - - - - -. _ - - - - - - - - 4-9 ___-_-.._F__ __ _-_ __-- -_- a 28 3 2 cz' Lg =-===_==-=_--_--==,_-----_= 0".C1-2
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PROJECT
TUESDAY
PEAK HOUR
8: 00 - 9: 00 am
PEAK BOTH DRIVEWAYS
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TUESDAY
PEAK HOUR - SCHOOL
2: 45 - 3: 45 PM
WEEKDAY PEAK HOUR
50303 50305ex01 .dwg N.T.S. 4
OAK PARK BLVD.
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ATTACHMENT 10
INITIAL STUDY/
MITIGATED NEGATIVE
DECLARATION
Conditional Use Permit 12-002
Variance 12-004
Lot Merger 12-003
Amended Vesting Tentative Tract Map 12-001
New 69-bed Assisted LivingIMemory Care Facility and
8-Townhomes
880 Oak Park Boulevard
(Southeast corner of Oak Park Boulevard/James Way Intersection)
August 2013
THIS PAGE IS INTENTIONALLY BLANK
'. -'A. jT..>/ V - ZATED hLGLf8Vi X:.I,KAT ?k A-CL.5' 201:
.02?-CYl\. . 5 A-; A . ?I ;,.t,.o~-, ,:;=k-,~- : ;q-h:-tp:L ..~..". -- -- . ..
Pioject: Conditional Use Permit 12-002
Variance 12-004
Lot Merger 12-003
Amended Vesting Tentative Tract Map 12-001
Lead Agency: City of Arroyo Grande
Document Availability:
City of Arroyo Grande
Community Deveiopment Department
300 East Branch Street
Arroyo Grande, CA 93420
Project Description:
The proposed project is a phased residential development on approximately 1.8 acres adjacent to
Meadow Creek with frontage on James Way. The overall site (3.74 acres) is identified as the Oak Park
Professional Plaza, which is currently developed with two medical office buildings and health club
(Kennedy Club Fitness). The project site is undeveloped with a portion currently used for overflow
parking. The property has been disturbed from previous earthmoving activities for adjacent
development and therefore the soils consist primarily of fill material.
Phase I is a 69-bed assisted living and memory care facility located adjacent to Meadow Creek. Phase I
includes forty-four (44) Alzheimer care units (1-bed and studio units) and twenty-five (25) assisted living
units (1-bed and studio). Fifty-two (52) off-street parking spaces on approximately 1.2 acres are
provided in addition to the 69 care units. This parking area includes vehicular connections to the
adjacent property at 1260 James Way (Kennedy Club Fitness). The project also includes an ADA
compliant decomposed granite pedestrian path adjacent to Meadow Creek connecting James Way to
the hotel property at 850 Oak Parlc Boulevard.
Phase II is an amendment to Vesting Tentative Tract Map 04-006 and an entitled &unit townhouse
project located adjacent to and northwest of Phase I to provide better site utilization and interior floor
plan design. The amendment includes two-car tandem garages in place of the previously-approved
single-car garages. These garages would be relocated underneath the townhouses as basements,
resulting in a building height of twenty-nine feet (29'), representing a six foot (6') height decrease from
the original approval.
A variance and lot merger are being pursued concurrently with the conditional use permit and amended
vesting tentative tract map. The variance is necessary to deviate from the fifty foot (50') creek setback
Prom top of bank for Meadow Creek. A previously entitled multifamily housing project was approved for
the subject site with a creek setback of twenty-five feet (25'). New setbacks of approximately thirty-five
feet (35') from the top of bank are proposed. The lot merger will combine two of the lots for the
construction of Phase I and will help delineate Phase I from Phase II.
Page 3 of 50
INITIAL STUDV/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
Summary Document Preparation:
Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the
City) has independently reviewed and analyzed the Initial Study and Mitigated Negative Declaration for
the proposed project and finds that these documents reflect the independent judgment of the City. The
City, as lead agency, also confirms that the project mitigation measures detailed in these documents are
feasible and will be implemented as stated in the Mitigated Negative Declaration.
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INITIAL STUDYIMITIGATED NEGATIVE DECLARATION AUGUST 2013
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Teresa McClish, AlCP
Community Development Director
Matthew Downing
Assistant Planner
Date
Date
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Table of Contents:
Introduction 8
Introduction and Regulatory Guidance ...................................... .............................................................. 8
Lead Agency ............................................................................................................. 8
Purpose and Document Organizatio
Summary of Finding
Project Descriptio
Background and Need for Project
Project Description
Other Required Public Agency Approval
Related Projects 11
Environmental Checklist .................... ... ....................................................................... 12
Project Information 12
Environmental Factors Potentially Affected 13
13
Evaluation of Environmental Impacts 14
Environmental Issue 15
15
II. Agriculture and Forest Resources 16
17
IV. Biological Resources .................................... .... ......................................................... 20
V. Cultural Resources ..................... ... .......... ...... ........................................................... 23
VI. Geology and Soils ... ....................................................................... 24
VII. Greenhouse Gas Emissions
Vlll Hazards and Hazardous Material
IX Hydrology and Water Quality
X. Land Use and Plannin
XI. Mineral Resources
XIII. Population and Housin
XIV. Public Sewices
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XVI. Transportation/Traffic 38
XVII. Utilities and Service Systems .. .................................................................... 40
Mandatory Findings of Significance 41
Summary of Mitigation Measures 42
References 50
Documents & Maps 50
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Introduction
Introduction and Regulatory Guidance
The Initial StudyIMitigated Negative Declaration (ISIMND) 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 521000 el seq., and the State CEQA Guideiines, California Code of Regulations (CCR)
515000 el sea.
An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on
the environment [CEQA Guidelines 515063(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 515064(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 515070(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 ISIMND conforms to the content requirements under CEQA Guidelines
515071.
Lead Agency
The lead agency is the public agency with primary approval authority over the proposed project. In
accordance with CEQA Guidelines 515051(b)(l), "the lead agency will normally be an agency with
general governmental powers, such as a city or county, rather than an agency with a single or limited
purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for
the lead agency is:
Matthew Downing, Assistant Planner
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
(805) 473-5420
Purpose and Document Organization
The purpose of this document is to evaluate the potential environmental effects of the proposed
project. Mitigation measures have been identified and incorporated into the project to eliminate any
potentially significant impacts or reduce them to a less-than-significant level.
This document is organized as follows:
Introduction
This chapter provides an introduction to the project and describes the purpose and organization
of this document.
Project Description
This chapter describes the reasons for the project, scope of the project, and project objectives.
Page 8 of 50
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0 Environmental Setting, Potential Impacts and Mitigation Measures
This chapter identifies the significance of potential environmental impacts, explains the
environmental setting for each environmental issue, and evaluates the potential impacts
identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are
incorporated, where appropriate, to reduce potentially significant impacts to a less-than-
significant level.
e 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
lnitial Studv.
e Summary of Mitigation Measures
This chapter summarizes the mitigation measures incorporated into the project as a result of the
Initial Studv.
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.
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Project Description
Introduction
This Initial StudyIMitigated Negative Declaration (ISIMND) has been prepared by the City of Arroyo
Crande (the City) to evaluate the potential environmental effects of the proposed project.
The City contains 5.5 square miles and has a population of approximately 17,252 (2010 Census).
Tourism, retail sales, services, and agriculture form the core of the local economy. Arroyo Grande has
distinct areas of residential, commercial, and industrial land uses and future development is expected to
be through infill development, rather than through the conversion of undeveloped land to urban uses
outside of City limits.
Location
The proposed project is a phased residential project to be located on approximately 1.8 acres. The
property is located near the corner of Oak Park Boulevard and James Way, adjacent to Meadow Creek,
with access from James Way. Nearby land uses include medical offices, a health club, a hotel, a church,
and a residential subdivision across the creek.
Background and Need for Project
The Arroyo Grande City Council adopted Resolution No. 3921 on May 9, 2006, approving Vesting
Tentative Tract Map Case No. 04-006, Planned Unit Development Case No. 04-005, and Minor Exception
Case No. 05-015 for the subdivision of the subject property into nineteen (19) lots resulting in 24 density
equivalent town homes and condominiums. Through numerous State map extensions, the project
remains entitled through May 9, 2016.
The proposed project will revise the previously approved creek setback from twenty-five feet (25') to
thirty-five feet (35'), increasing the amount of riparian habitat to be restored in conjunction with the
development. The proposed project will also result in a mix of housing options for elderly individuals,
including those with Alzheimer's. The project will also provide eight (8) townhomes in a mixed-use
setting within walking distance of many services needed for daily living.
Project Description
The proposed project is a phased residential development on approximately 1.8 acres adjacent to
Meadow Creek with frontage on lames Way. The overall site (3.74 acres) is identified as the Oak Park
Professional Plaza, which is currently developed with two medical office buildings and health club
(Kennedy Club Fitness). The project site is undeveloped with a portion currently used for overflow
parking. The property has been disturbed from previous earthmoving activities for adjacent
development and therefore the soils consist primarily of fill material.
Phase I is a 69-bed assisted living and memory care facility located adjacent to Meadow Creek. Phase I
includes forty-four (44) Alzheimer care units (1-bed and studio units) and twenty-five (25) assisted living
units (1-bed and studio). Fifty-two (52) off-street parking spaces on approximately 1.2 acres are
provided in addition to the 69 care units. This parking area includes vehicular connections to the
adjacent property at 1260 James Way (Kennedy Club Fitness). The project also includes an ADA
compliant decomposed granite pedestrian path adjacent to Meadow Creek connecting James Way to
the hotel property at 850 Oak Park Boulevard.
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Phase ll is an amendment to Vesting Tentative Tract Map 04-006 and an entitled 8-unit townhouse
project located adjacent to and northwest of Phase I to provide better site utilization and interior floor
plan design. The amendment includes two-car tandem garages in place of the previously-approved
single-car garages. These garages would be relocated underneath the townhouses as basements,
resulting in a building height of twenty-nine feet (29'1, representing a six foot (6') height decrease from
the original approval.
A variance and lot merger are being pursued concurrently with the conditional use permit and amended
vesting tentative tract map. The variance is necessary to deviate from the fifty foot (50') creek setback
from top of bank for Meadow Creek. A previously entitled multifamily housing project was approved for
the subject site with a creek setback of twenty-five feet (25'). New setbacks of approximately thirty-five
feet (35') from the top of bank are proposed. The lot merger will combine two of the lots for the
construction of Phase I and will help delineate Phase I from Phase II.
Other Required Public Agency Approvals
The applicant will be required to coordinate with the Regional Water Quality Control Board, the San Luis
Obispo County Air Pollution Control District, and the Army Corps of Engineers to obtain all necessary
permits to complete the project.
Related Projects
Vesting Tentative Tract Map 04-006
Planned Unit Development 04-005
Minor Exception 05-015
Oak Park Plaza Master Plan
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Environmental Checklist
Project Information
Project Title:
Lead Agency Name &Address:
Conditional Use Permit 12-002
Variance 12-004
Lot Merger 12-003
Amended Vesting Tentative Tract Map 12-001
City of Arroyo Grande
300 East Brach Street
Arroyo Grande, CA 93420
Contact Person &Telephone Number: Matthew Downing, Assistant Planner
(805) 473-5420
Project Location: 880 Oak Park Boulevard
Southeast corner of Oak Park Boulevard/James Way
intersection
Arroyo Grande, CA 93420
Project Sponsor Name & Address: Russ Sheppel c/o Sheppel Enterprises
2218 Old Middlefield Way #C
Mountain View, CA 94043
General Plan Designation: Mixed-Use (MU)
Planned Development (PO)
Zoning: Office Mixed-Use (OMU)
Description of Project: Refer to page 10
Surrounding Land Uses & Setting: The project site is surrounded by James Way and a
church to the north, medical offices, a fitness facility,
and Oalc Park Boulevard to the West, a hotel and
commercial center to the south, and Meadow Creek
and a residential development to the east.
Approval Required from Other Public Agencies: None.
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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:
[X1 Aesthetics Agricultural Resources [X1 Air Quaiiq rn Biological Resources Cultural Resources Geoiogy/Soils
Greenhouse Gas Emissions C] Hazards & Hazardous Materials Hydrology/Water Quaiity
Land UsefPIanning Mineral Resources Noise
C] Popuiation/Housing [X1 Public Services Recreation
C] Transporration/Traffic Utilities/Service Systems Mandatary Findings of Significance
Determination
On the basis of this initial evaluation:
C] I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
[X1 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.
C] I find that, although the proposed project could have had a significant effect on the
environment, because all potentially significant effects have been adequately analyzed in an
earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or
mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than-
significant level and no further action is required.
Matthew Downing
Assistant Planner
Date
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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 adequateiy 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 checltlist
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, 5 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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Environmental Issues
I. Aesthetics
Environmental Setting
The City is mostly built-out, with distinct residential, commercial and agricultural districts and several
mixed-use areas. The City also contains portions of three creeks and several open space areas. The City
has been recognized as a "Tree City" for each of the last 30 years.
The proposed project will develop an approximately 1.8-acre site that is partiy vacant and partly utilized
for overflow parking for the nearby medicai office. Phase I is a 69-bed memory care facility. Phase II is a
revision to 8 townhomes previously approved and currently entitled to provide better site utilization
and interior floor plan design. Although the area is currently vacant, previous grading has been
performed in conjunction with the existing commercial developnlent known as the Oak Park
Professional Plaza. The previous commercial development has already impacted the public view along
the Oalc Park Blvd. and James Way corridors.
The 8-unit townhouse component of the proposed project is proposed to be redesigned for basement-
level tandem parking with the buildings totaling twenty-nine feet (29') in height. The memory care
facility is proposed be two stories with a basement level and will have a maximum height of thirty feet
(30'). The site will be visible to adjacent residential condominiums (Leisure Gardens) to the east across
the adjacent riparian corridor and from James Way.
Wouid the project.
Less Than Potentially Less Than Significant Significant Significant No Impact
Impact with Impact Mitisation . .
a) Have a substantial adverse effect on a scenicvista? 0 lx
b) Substantially damage scenic resources, including,
but not limited to, trees, rock outcroppings, and i8
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? lx
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in 0 la I?
the area?
Discussion
a, b: No imaact
c: The proposed project will alter the views from the existing residential development across Meadow
Creek. These alterations, however, will not be significant as commercial development aiready exists
within the Oak Park Professional Plaza. The project also includes restoration of the riparian corridor
along the western creek bank that will enhance the natural environment and soften the visual impact of
the proposed development. The building will be more residential in style several different materials to
add complexity to the architecture. Materials include cement fiber lab siding and smooth cement
plaster in green and beige hues as well as cement fiber trim in a brown hue. Eldorado stone river rock
INITIAL STUDYIMITIGATED NEGATIVE DECMRATION AUGUST 2013
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will be used on some of the iowest portions of the building. The roof is proposed to be multicolored,
lightweight concrete roof tiles that complement the siding, trim, and rock materials. Less than
significant impact
d: The proposed project includes the addition of new exterior lighting fixtures on both phases of the
project. However, all exterior lighting is required to comply with Development Code requirements
including Sections 16.48.090 and 16.48.120. Less than significant with mitigation
MM 1-1: The applicant shall submit a lighting plan verifying that all exterior lighting for the
development is directed downward and does not create spill or glare to adjacent properties and
riparian habitat.
References: 1, 3,5, 6
11. Agriculture and Forest Resources
Environmental Setting
The City of Arroyo Grande contains approximately 460 acres of active farmland, most of which is Prime
Farmland consisting of Class I and Class II soils. The subject property is not located near Agricultural
land. There are no forest resources located within the City.
Potentially Less Than Less Than Significant Significant Significant No Impan
Impact with lmpact Would the project. Mitigation
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the 1? €3
Farmland Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
b) Conflict with existing zoningfor agricultural use, or a
Williamson Act contract? C1 C1 El
c) Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 1222O(g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned 13 13 El
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? Ci €3
e) Involve other changes in the existing environment
which, due to their location or nature, could result in
conversion of Farmland, to non-agricultural use or €3
conversion of forest land to non-forest use?
* in determining whether impacts to ogriculturoi resources ore significant environmentai effects, ieod bgencies moy refer to the
Colifornio Agricuituroi Lond Evoiuotion and Site Assessment Modei (1997), prepored by the Coifirnio Deportment of
Conservation os on optionoi modei for use in assessing impacts on ogricuitural and formiond. in determining whether impacts
to forest resources, including timberland, ore significant environmentoi effects, ieod agencies moy refer to information compiled
by the Colifornio Deportment of Forestry ond Fire Protection regording the state's inventory of forest land, inciuding the Forest
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ond Ronge Assessment Project and the Forest Legocy Assessment project; and forest corbon measurement methodology
provided in Forest Protocols adopted by the Collfornio Air Resources Boord.
Discussion
a-e: No impact
References: 1,2, 3, 4, 5, 6,11
111. Air Quality
Environmental Setting
San Luis Obispo County is in non-attainment status for ozone (O,), respirable particulate matter (PM10)
and vinyl chloride under the California Air Resource Board (CARE) standards. The County is in
attainment status for all other applicable CARE standards. The proposed project will provide sixty-nine
(69) beds in a residential care facility specializing in Alzheimer's care and assisted living. The project will
also revise eight (8) townhomes previously approved and currently entitled to provide better site
utilization and interior floor plan design.
Potentially LessThan Less Than Significant Significant Significant No Impact with impact impact Would the project: Mitigation
a) Conflict with or obstruct implementation of the
applicable air quaiity plan? 0 El
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality i? iB
violation?
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is
non-attainment under an applicable federal or state
ambient air quality standard (including releasing iB
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations? €4
e) Create objectionable odors affecting a substantial
number of people? Lx
Where ovailoble, the significance criteria estobiished by the oppiicobie air quality management or oir pollution control district
may be relied on to make these determinations.
San Luis Obispo County Air Pollution Control District (APCD) Specific Comments
APCD reviewed the proposed project and submitted a letter dated June 24, 2013 outlining
recommended mitigation measures. These measures have been incorporated into this Initial
StudyfMitigated Negative Declaration. APCD encourages a balance of residential and commercial infill
within the existing County URL/VRLs, as this is consistent with the land use goals and policies of the
APCD's Clean Air Plan. Enabling residents the opportunity to live, work and shop within areas that utilize
land use principles that reduce the need to drive and minimizes vehicle exhaust emissions which
account for over 50% of the County's air pollution including greenhouse gas emissions. increasing
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density can reduce trips and travel distances and encourage the use of alternative forms of
transDortation.
APCD specifically commended the applicant on the following elements of the project design:
1. The project provides development within the city limits with nearby access to commercial
services and transit service, which will reduce dependence on driving;
2. The project provides development within the URL where such development is planned for and
expected;
3. The proposed residential buildings are two stories, resulting in a greater floor to area ratio. This
creates a higher density land use, making transit services more viable and effective.
In light of these elements of the project design, the APCD supports this project.
Discussion
a-b, d: Based upon the emissions estimates provided by APCD, the construction phase emissions are
anticipated to exceed APCD's daily emission threshold, resulting in an estimated 173 lbslday of Reactive
Organic Gases (ROG) + Nitrous Oxides (NOx) being emitted. This exceeds the 25 ibs/day ROG + NOx
threshold in Table 3-2 of the 2012 CEQA Handbook. Implementation of mitigation measures, however,
will reduce the overall air quality impacts from the project to a level of insignificance. Less than
si~nificant with miti~ation
Construction Phase Emissions
MM 111-1: Based on the recommendation by APCD, the applicant shall demonstrate how the
construction phase impacts will be below the level of significance as identified in APCD's CEQA
Handbook prior to grading permit issuance and at least three months before construction
activities are to begin.
MM 111-2: The following standard mitigation measures for construction equipment shall be
implemented to reduce the ROG, NOx, and diesel particulate matter (DPM) emissions during
construction of the project:
a. Maintain all construction equipment in proper tune according to manufacturer's
specifications;
b. Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-
road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
d. Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
e. Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g, captive or
NOx exempt area fleets) may be eligible by proving alternative compliance;
f. All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs shali
be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5 minute idling limit;
g. Diesel idiing within 1,000 feet of sensitive receptors is not permitted;
h. Staging and queuing areas shall not be located within 1,000feet of sensitive receptors;
i. Electrify equipment when feasible;
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j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
k. Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
MM 111-3: Prior to any construction activities at the site, the project proponent shall ensure that
a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present
within the area that will be disturbed. If NOA is not present, an exemption request must be filed
with APCD. If NOA is found at the site, the applicant must comply with all requirements outlined
in the Asbestos Air Toxins Control Measure (ATCM) regulated by the California Air Resources
Board (ARB) and may require development of an Asbestos Dust Mitigation Plan and an Asbestos
Health and Safety Program for approval by APCD.
MM 111-4: Priorto any demolition activities or the removal or relocation of utility pipelines at the
site, if necessary, the project proponent shall notify APCD to ensure the activities occur in
accordance with the requirements stipulated in the National Emission Standard for Hazardous
Air Pollutants (NESHAP).
MM 111-5: The following mitigation measures shall be implemented during construction to
manage fugitive dust emissions such that they do not exceed APCD 20% opacity limit (APCD Rule
401) or prompt nuisance violations (APCD Rule402):
a. Reduce the amount of the disturbed area where possible;
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency will be required whenever wind
speeds exceed 15 mph. Reclaimed (non-potable) water shall be used whenever
possible;
c. All dirt stockpile areas should be sprayed daily as needed;
d. Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive, grass seed and
watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading unless
seeding o soil binders are used;
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
i. All truclts hauling dirt, sand, soil or other loose materials shall be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114;
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off truclts and equipment leaving the site;
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible;
I. All PM,, mitigation measures required shall be shown on grading and building plans; and
Page 19 of 50
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m. The contractor or building shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20% opacity. Their duties
shall include holidays and weekend periods when work may not be in progress. The
name and telephone number of such persons shall be provided to the APCD Compliance
Divisions prior to the start of any grading, earthwork or demolition.
MM 111-6: Prior to any construction activities on the site, the project proponent shall contact the
APCD Engineering Division to obtain all necessary permits for portable equipment used during
the construction and operational phases of the project. Typical equipment requiring a permit
includes, but is not limited to, the following:
* Diesel engines;
e Portabie generators and equipment with engines that are 50 horsepower or greater; . Electrical generation plants orthe use of standby generators; and
e Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch plant, etc.
MM 111-7: Proposed truck routes shall be evaluated and selected to ensure routing patterns have
the least impact to residential dwellings and other sensitive receptors, such as schools, parks,
daycare centers, nursing homes, and hospitals.
Operational Phase Emissions
MM 111-8: The project proponent shall coordinate with and obtain all necessary equipment and
operation permits that are required by APCD. Typical equipment requiring such permits
includes, but is not limited to, the following:
e Portabie generators and equipment with engines that are 50 hp or greater;
e Electrical generation plants orthe use of standby generators;
Boilers;
e Internal combustion engines; . Sterilization unit(s) using ethylene oxide and incinerator(s); and
Cogeneration facilities.
c, e: No impact
References: 1, 3, 4, 5, 6, 7, 12, 13
1V. Biological Resources
Environmental Setting
The project site has been disturbed with previous grading activities and imported fill material.
Consequently the site topography has been altered creating a manmade berm at the top of Meadow
Creek and a manmade wetland. A previous "Top of Bank Study" conducted by TriadIHolmes, Assoc.,
dated June 1, 2004, identified the top of bankis the 71-foot contour line.
The City approved a project consisting of 24 density equivaient townhomes and condominiums (22
physical units) in eleven (11) buildings in May of 2006 that was not constructed. Modification of part of
that project is proposed as part of the current project. As part of the previous project approvals, the
Army Corps of Engineers (ACOE) required mitigation for disturbance of the manmade wetland.
Specifically, the ACOE issued a Section 404 permit under the Clean Water Act to the applicant on August
Page 20 of 50
iNlTlAL STUDYIMITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
22,2002. As part of the Section 404 permitting process, a Wetland Mitigation Plan was prepared by the
Morro Group, Inc, dated May 21, 2002 that outlines restoration of the 0.18-acre riparian area along the
bank of the Meadow Creek drainage basin.
On September 17, 2010 a wetland survey was completed by SWCA Environmental Consultants that
indicated a reduced area of manmade wetland. The original 0.09 acres of wetland has been reduced to
a 0.006 acre area. The project proponent has elected to continue with the previously developed
Wetland Mitigation Plan for the current proposal even though the area of wetland has since been
reduced. This extra mitigation will reduce any potentially significant impacts to less than significant
levels.
Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species
identified as a candidate, sensitive, or special status
species in iocal or regional plans, policies, or
regulations, or by the California Department of Fish
and Game or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, regulations or by the
California Department of Fish and Game or US Fish and
Wildlife Service?
c) Have a substantial adverse effect on federaliy
protected wetlands as defined by Section 404 of the
Clean Water Act (including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct removal,
filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any
native resident or migratory fish or wildlife species or
with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery
sites?
e) Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan?
Potentially LessThan Less Than Significant Significant Significant No Impact with Impact Impact Mitigation
0 ix
Discussion
a-d: Construction of the project will fill a manmade depression area that currently acts to detain
stormwater runoff and recharge the groundwater. Although this wetland is considered "waters of the
United States", it is also considered low value due to its manmade origin and composition of non-native
Page 21 of 50
plant species. Mitigation is required and outlined in the Wetland Mitigation Plan to enhance the
riparian corridor.
Riparian vegetation provides habitat and streamside shading for Steelhead and California red-legged
frogs, which are protected species that likely occur along the project reach of the creek during at least
some portion of the year. Although no direct project-related impacts are expected to occur within the
Meadow Creek riparian corridor, establishment of a 35-foot setback from the top of bank would provide
future protection of the riparian habitat, as well as implementation of proper erosion control methods
during site construction. Less Than Significant with Mitigation
MM IV-1: The applicant shall revegetate the 0.18-acre mitigation area as outlined in the
"Wetland Mitigation Plan" prepared by the Morro Group, Inc., dated May 21, 2002. Any plants
that do not survive shall be replaced in kind and monitored until established. Temporary
irrigation shall be provided for all planting areas for three (3) years or until plants are
established. An independent consultant specializing in biological resources shall be hired by the
City and paid for by the applicant to monitorthe mitigation for a minimum of five (5) years.
MM IV-2: The applicant shall consult and coordinate with the Regional Water Quality Control
Board (RWQCB) and the United States Corps of Engineers (USACE) regarding the project. The
applicant shall obtain all permits required for the construction, operation, or mitigation of the
project. If permits are not required, the applicant shall provide written verification as such from
the appropriate agency.
MM IV-3: The applicant shall obtain compliance with Section 1602 of the California Fish and
Game Code (Streambed Alteration Agreements) in the form of a completed Streambed
Alteration Agreement or written documentation from the CDFG that no agreement would be
required. Should an agreement be required, the applicant shall implement all the terms and
conditions of the agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration
Agreement process encourages appiicants to demonstrate that the proposed project has been
designed and will be implemented in a manner that avoids and minimizes impacts on riparian
habitat and the stream zone.
MM IV-4: All non-native plant species shall be eliminated from the 35' wide creek setback area.
MM IV-5: The developer shall record an irrevocable offer of dedication open space agreement
and thirty-five foot (35') creek easement on the property measured from top of bank. No
structures shall occur within the 35' creek setback area, in accordance with Section 16.44.050 of
the Municioal Code.
MM IV-6: Siltation/sedimentation control measures shall be implemented along the entire
eastern property boundary prior to site construction. Such control measures shall include
sediment fences and/or hay bales placed into the crux of the bank of Meadow Creek.
Erosion/sediment control barricades shall be placed around the perimeter of each construction
zone with the potential to drain to Meadow Creek.
MM IV-7: Soil shall not be stockpiled in areas located nearthe eastern property margin adjacent
to Meadow Creek, or in areas that have potential to drain to Meadow Creek. Stockpiled soil
Page 22 of 50
INITIAL STUDY/MITIGATED NEGATIVE DECLARATiON AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
should be properly covered at all times to avoid wind and water erosion, and consequent
siltation to Meadow Creek.
MM IV-8: No heavy equipment shall be allowed within the Meadow Creek corridor
e, f: No lmpact
References: 1, 3, 4, 5, 6
V. Cultural Resources
Environmental Setting
Previous investigations have indicated the presence of Native Americans within the present-day City
Limits during prehistoric times. There are a handful of designated historical resources within the City,
including the IOOF Hall, the Pauling House and the Bridge Street Bridge.
A Phase I Archaeoiogical Survey of the project area was conducted on October 9, 2000 by Heritage
Discoveries, Inc. The survey produced negative results for the presence of cultural resources. According
to the study, no cultural materials were observed during the two meter transects made across the
property. Since the site has been previously graded, the site area lacks original ground surfaces and only
sub-soils remain. Additionally, previous archaeological surveys of the adjacent building areas also
produced negative results.
Would the project:
Less Than Potentially Less Than Significant Significant Significant No impact
lmpact with lmpact Mitigation
a) Cause a substantial adverse change in the
significance of a historical resource as defined in 5 lX I?
15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to I? El I?
5 15064.5?
c) Directly or indirectly destroy a unique
paleontological resource or site or unique geologic I? IXi
feature?
d) Disturb any human remains, including those
interred outside of formal cemeteries? I? €3
Discussion
a, b: It is unlikely that cultural resources exist on the subject property. As a precaution, however, if
cultural resources are encountered during the construction process, development activities at the site
shall cease until a qualified archaeologist has been employed to view and assess the discovery and
prepare a mitigation plan. Less than sianificant with mitiaation
MM V-1: If a potentially significant cultural resource is encountered during subsurface
earthwork activities, all construction activities within a 100-foot radius of the find shall cease
until a qualified archaeologist determines whether the uncovered resource requires further
study. A standard inadvertent discovery clause shall be included in every grading and
Page 23 of 50
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construction contract to inform contractors of this requirement. Any previously undiscovered
resources found during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of California
Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts;
fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shall prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data
for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the appropriate Information Center
and provide for the permanent curation of the recovered materials.
c: No Impact
d: The proposed project will require grading and ground disturbance, which may disturb human
remains, including those that have been interned outside of formal cemeteries. Less than si~nificant
with miti~ation
MM V-2: If human remains are encountered during earth-disturbing activities, all work in the
adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be
notified immediately. If the remains are determined to be Native American in origin, the Native
American Heritage Commission shall be notified and will identify the Most Liitely Descendent,
who will be consulted for recommendations for treatment of the discovered remains.
References: 5, 6, 7, 15
VI. Geology and Soils
Environmental Setting
There are two faults within City Limits, the Pismo Fault and the Wilmar Avenue Fault. The Pismo Fault is
an inactive fault, and presents a low risk to Arroyo Grande. The Wilmar Avenue fault is a potentially
active fault that runs through the City, generally parallel to US 101.
Approximately half of the City is at moderate risk for liquefaction caused by strong seismic ground
shaking during an earthquake. These areas are primarily located south of US 101 and in the eastern part
of the City.
The majority of the City is at low risk for landslides. The areas at greatest risk are hillsides where greater
slopes are located. The potential for slope stability hazards in valley areas is low to very low. The areas
at greatest risk for landslide are just north of US 101 in the hillsides and in the eastern portions of the
City.
A Soils Engineering Report was prepared forthe project site by Earth Systems Pacific dated October 30,
2006. The project site has been subject to previous grading activities. Standard construction grading
and design-specified soil compaction will occur with the project.
Page 24 of 50
INITIAL STUDYIMITIGATED NEGATIVE DECLARATION AUGUST 2013
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Potentially
Significant
Impact Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
1) Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map, issued by the
State Geologist for the area, or based on other
substantial evidence of a known fault? (Refer
to Division of Mines and Geology Special
Publication 42.)
2) Strong seismic ground shaking?
3) Seismic-related ground failure, including
liquefaction?
4) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil?
c) Be located on a geologic unit or soil that is unstable,
or that would become unstable as a result of the
project, and potentially result in on- or off-site
landslide, lateral spreading, subsidence, liquefaction or
collapse?
d) Be located on expansive soil, as defined in Table 18-
1-B of the Uniform Building Code (1994), creating C/
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste water disposal
systems where sewers are not available for the
disposal of waste water?
Less Than
Significant
with
Mitigation
Less Than
Significant No lmpact
lmuact
Discussion
a: The Wilmar Avenue Fault is a potentially active fault, and could trigger an earthquake, causing strong
seismic ground shalting and ground failure due to liquefaction. Any potential impacts to the proposed
project will already be mitigated to an acceptable level of risk by following the Uniform Building Code
development standards. Less than significant impact
b: Ground disturbance associated with the proposed project could cause soil erosion and loss of topsoil,
and increase the rate of stormwater runoff, also causing soil erosion and loss of topsoil. However, the
proposed project will comply with the provisions of Municipal Code Section 13.24, "EXCAVATION,
GRADING, EROSION AND SEDIMENT CONTROL" and therefore would not result in substantial soil
erosion or the loss of topsoil. Less than significant impact
c, d: A soils engineering report was prepared for the project site which identified the potential for
differential settlement due to the variety of soil and rock profiles, presence of fill soil, and non-
uniformity of the upper soil conditions due to disturbance. The report concludes that these concerns
INITIAL STUDYIMITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDlTiONAL USE PERMIT 12-002; VARiANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
can be alleviated with incorporation of several recommendations from the report into the project plans
and specifications. Less than significant with mitigation
MM VI-1: All construction plans shall incorporate the recommendations of the toils engineering
report prepared forthe project site by Earth Systems Pacific dated October 30,2006.
e: No impact
References: 1, 2, 3, 4, 5, 6, 14
VII. Greenhouse Gas Emissions
Environmental Setting
The City of Arroyo Grande emitted approximately 96,549 metric tons of carbon dioxide equivalent
(C02e) in the baseline year 2005. The transportation sector was by far the largest contributor to
emissions (57.0%), producing approximately 55,030 metric tons of C0ze in 2005. Emissions from the
residential sector were the next largest contributor (24.6%), producing approximately 23,778 metric
tons of COze. The commercial and industrial sectors accounted for a combined 12.3% of the total.
Emissions from solid waste comprised 6.0% of the total, and emissions from other sources such as
agricultural equipment comprised 0.1%.
The majority of emissions from the transportation sector were the result of gasoline consumption in
private vehicles traveling on local roads, US Highway 101, and state highways. Greenhouse gas (GHG)
figures from the waste sector are the estimated future emissions that will result from the decomposition
of waste generated by city residents and businesses in the base year 2005, with weighted average
methane camure factor of 60.0 %
Potentially LessThan Less Than Significant Significant with Significant No impact
Impact Impact Would the project: Mitigation
a) Generate greenhouse gas emissions, either directly
or indirectly, that may have a significant effect on the N 0
environment?
b) Conflict with an applicable plan, policy or regulation
adopted for the purpose of reducing the emissions of Ed
greenhouse gases?
c) Result in the exposure of local residents to hazards
associated with dimate change? n N
Discussion
a, b: The proposed project will generate greenhouse gas (GHG) emissions from daily operation of
buildings and potentially from traffic generation. While the California Air Resources Board (CARB) has
not yet developed a statewide threshold, as directed under Senate Bill 97, the City has determined that
the California Air Pollution Control Officers Association (CAPCOA) 2008 White Paper, which includes
possible methodologies and thresholds for project-level GHG emissions, provides the best and latest
information on establishing cumulative impact thresholds. This paper has determined that a
conservative threshold where a project's impact may be considered 'cumulatively considerabie' is 900
Page 26 of 50
metric tons or more of GHG emissions per year. The following table provides a general summary of
project types and sizes that generate 900 metric tons of GHG emissions per year:
Based on the above assumptions, the proposed project is estimated to generate approximately 1,031
metric tons of GHG emissions per year. This is approximately 1.15 times the threshold of 900 metric
tons per year that is considered to be a 'cumulatively considerable' impact. The San Luis Obispo Air
Pollution Control Board (APCD) has established mitigation measures to reduce project-level GHG
emissions. Less than significant with mitigation
MM VII-1: All construction plans shall reflect the following GHG-reducing measures where
applicable. Prior to issuance of building permits, the applicant shall submit impact reduction
calculations based on these measures to the APCD for review and approval, incorporating the
following measures:
I
Project Type ! Size that Generates 900 MetricTons of GHG Emissions per Year
Incorporate outdoor electrical outlets to encourage the use of electric appliances and
tools.
Provide shade tree planting in parking lots to reduce evaporative emissions from parked
vehicles. Design should provide 50% tree coverage within 10 years of construction using
low ROG emitting, low maintenance native drought resistant trees.
Provide conduit for future fueling of electric vehicles (one space in parking area).
No residential wood burning appliances.
Provide employee lockers and showers. One shower and 5 lockers for every 25
employees are recommended.
Trusses for south-facing portions of roofs shall be designed to handle dead weight loads
of standard solar-heated water and photovoltaic panels. Roof design shall include
sufficient south-facing roof surface, based on structures size and use, to accommodate
adequate solar panels. For south facing roof pitches, the closest standard roof pitch to
the ideal average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements. Measures used
to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of buildings to
reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient, recycled, and
sustainable) available locally if possible.
install high efficiency heating and cooling systems.
Design building to include roof overhangs that are sufficient to bloclc 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 Staro).
Utilize double-paned windows.
Singie-famiiy residentiai
Apartments/condominiums
Generai commercial or office space
Retail space
Page 27 of 50
50 units
70 units
35,000 square-feet
11,000 square-feet , Supermarket/grocery store , 6,300 square-feet
I.1.A <TJY\ N 12AItg\:ZA- I! DCC.L.dLr'J\ 2..>..5. >Ill!
I - 5 I : cc A, .~"\icii;ifi 1:,.":'3 A'/I\DLT - .I I TT ;A:' i/ii~ 2: oo:
Utilize low energy street lights (i.e. sodium).
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPAIDOE Energy Star"
rating to reduce summer cooling needs.
Eliminate high water consumption landscape (e.g., plants and lawns) in residential
design. Use native plants that do not require watering and are low ROG emitting.
Provide on-site bicycle parking both short term (racks) and long term (lockers, or a
locked room with standard racks and access limited to bicyclist only) to meet peak
season maximum demand. One bike rack space per 10 vehicle/employee space is
recommended.
Require the installation of electrical hookups at loading docks and the connection of
trucks equipped with electrical hookups to eliminate the need to operate diesel-
powered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers, or covered racks /
lockers to service the residential units.
C: NO impact
References: 12, 13,14
VIII Hazards and Hazardous Materials
Environmental Setting
There are no known hazardous materials sites in the City, nor are there any airports within the vicinity of
the City. The project is not within a high severity risk area for fire.
Would the proiea:
Less Than Potentially Significant Less Than
Significant with Significant No impact
Impact Impact Mitigation
~ ~
a) Create a significant hazard to the public or the
environment through the routine transport, use, or U i? !%
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset
and accident conditions involving the release of El
hazardous materials 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 cl El
school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment?
Page 28 of 50
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e) For a project located within an airport land use plan
or, where such a plan has not been adopted, within
two miles of a public airport or public use airport, 0 €3
would the project result in a safety hazard for people
residing or working in the project areal
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people 0 0 0 lZ
residing orworking in the project area?
g) impair implementation of or physically interfere
with an adopted emergency response plan or C] 0 €3
emergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or iI1 0 0 iz
where residences are intermixed with wildlands?
Discussion
a-h: No imoact
References: 4,5, 6, 7, 14
IX Hydrology and Water Quality
Environmental Setting
The City of Arroyo Grande draws its water supply from a combination of the Lopez Reservoir and
groundwater wells. Wastewater service is provided by the South San Luis Obispo County Sanitation
District. The City adopted interim low-impact development (LID) guidelines to address stormwater
runoff issues in 2009.
A preliminary Drainage Study was conducted for the project site by Triad/Holms Associates, dated May
2005. The project site has varying slopes between 2% and 10% and stormwater surface runoff follows
the topography easterly towards Meadow Creek. Subsurface detention and LID measures are required
for the proposed project. Two (2) existing outfall locations convey stormwater from the Oak Park
Professional Plaza to the creek. The detention facilities are designed to reduce the peak flow rate
resulting from a post-development 100-year storm and limit the release flow rate from the site to the
pre-development flow resulting from a 100-year storm event. The detention areas will outlet to the
existing storm drain system.
Page 29 of 50
INITIAL STUDY/MlTiGATED NEGATIVE DECLARATION AUGUST 2013
CONDlTiONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
Potentially
Significant
Would the project: Impact
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge such
that there would be a net deficit in aquifer volume or a
lowering of the local groundwater table level je.g., the
production rate of preexisting nearby wells would drop I?
to a level which would not support existing land uses
or planned uses for which permits have been
granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of the
course of a stream or river, in a manner which would
result in substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of
the site or area, including through the alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in flooding on- or off-site?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional
sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation I?
map?
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? I?
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?
LessThan
Significant
with
Mitigation
Less Than
Significant No impact
Impact
Discussion
a: Development of the proposed project would result in an increase in the amount of impervious
surface area and an associated increase in the rate and volume of stormwater runoff from the site.
Construction activities have the potential to disrupt soil and cause erosion and increase sediment runoff.
An Erosion Control Plan will be prepared prior to any ground disturbance activities to provide the details
of the erosion control measures to be applied on the site during construction. The Erosion Control Plan
will include Best Management Practices (BMPs) designed to minimize sediment in site runoff during
construction. BMPs designed to reduce erosion of exposed soil may include, but are not limited to: soil
stabilization controls, watering for dust control, perimeter silt fences, placement of hay bales, and
INITlALSTUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
sediment basins. Any disturbed portions of the project area will be revegetated following construction
activities. Less than significant with mitipation
MM 1 A Stormwater Pollution Prevention Plan (SWPPP) shall be developed and
implemented in consultation with the City, Regional Water Quality Control Board (RWQCB), and
other regulatory agencies. The SWPPP shall include BMPs to reduce potential impacts to
surface water quality through the construction and life of the project. The SWPPP shall adhere
to the following requirements:
The SWPPP shall include measures to avoid creating contaminants, minimize the release
of contaminants, and water quality control measures to minimize contaminants from
entering surface water or percolating into the ground.
The water quality control measures shall address both construction and operations
periods.
Fluvial erosion and water pollution related to construction shall be controlled by a
construction water pollution control program that shail be filled with the appropriate
agency and kept current throughout any site development phase.
The water pollution prevention program shall include BMPs, as appropriate, given the
specific circumstances of the site and project.
The SWPPP shall be submitted for review and approval to the RWQCB.
A spill prevention and countermeasure plan shall be incorporated into the SWPPP.
Designation of equipment and supply staging and storage areas at least 150 feet from
the outside edge of the Meadow Creek 35-foot setback area. All vehicle parking,
routine equipment maintenance, fueling, minor repair, etc., and soil and material
stockpile, shall be done only in the designated staging area.
Major vehicle/equipment maintenance, repair, and equipment washing shall be
performed off site.
A wet and dry spill cleanup plan that specifies reporting requirements and immediate
clean up to ensure no residual soil, surface water or groundwater contamination would
remain after clean up.
Designating concrete mixer washout areas at least 100 feet from the outside edge of the
Meadow Creek 35-foot setback with the use of appropriate containment or reuse
practices.
A temporary and excess fill stockpile and disposal pian that ensures that no detrimental
affects to receiving waters would result.
Requiring all grading and application of concrete, asphalt, etc. to occur during the dry
season from April 15 to October 15.
Required site preparation and erosion control BMPs for any work that may need to be
completed after October 15.
MM IX-2: To reduce erosion hazards due to construction activities, grading shall be minimized
and project applicants shall use runoff and sediment control structures, and/or establish a
permanent plant cover on side slopes following construction.
MM IX-3: Erosion control and bank stabilization measures shail be implemented to ensure that
the creek bank does not erode. In addition, alternative bank protection methods, such as
restoration of native vegetation, root wads, or other bioengineering methods of stabilization,
Page 31 of 50
INITlALSTUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
shall be used whenever possible. In order to reduce long-term effects of soil compaction and
changes in topography, construction vehicles and personnel shall not enter the low flow channel
and wet areas. Construction mats and other devices shall be used whenever possible to reduce
impacts associated with soil compaction.
MM IX-4: All temporary fill placed during project construction shall be removed at project
completion and the area restored to approximate pre-project contours and topography.
MM IX-5: No construction debris or materials shall be allowed to enter the creek bed, either
directly or indirectly. Stockpiles shall be kept far enough from the banks of the active channel
and protected to prevent materials from entering the creek bed.
b: No impact
c: Stormwater runoff from the proposed project will be captured in a subsurface detention system as
well as in vegetated bioswales and other Low Impact Development (LID) BMPs. The
bioswales/detention system is designed to retain and infiltrate stormwater runoff from a 100-year
storm. Stormwater in exceeding the bioswales/detention system capacity would be conveyed into the
existing storm drain system. A maintenance agreement for the upkeep of drainage facilities will be
required to be recorded if the project is approved. Less than significant impact
d, e: No impact
f: The Central Coast Regional Water Quality Control Board (RWQCB) requires municipalities, via the
Municipal General Storm Water Permit, to minimize negative impacts on aquatic ecosystems and
degradation of water quality to the maximum extent practicable. Permittees must implement Best
Management Practices (BMPs) that reduce pollutants in stormwater runoff to the technology-based
standard of Maximum Extent Practicable (MEP) to protect water quality. The goals of post-construction
BMPs are to prevent and control erosion and sedimentation, provide source control of potential
pollutants, control and treat runoff, and protect wetlands and water quality resources. Post-
construction BMPs are required to achieve stormwater quality standards through site-planning
measures. Vegetative swales or other biofilters are recommended as the preferred choice for post-
construction BMPs for all projects with suitable landscape areas, because these measures are relatively
economical and require limited maintenance. For projects where landscape based treatment is
impracticable, or insufficient to meet required design criteria, other post-construction BMPs should be
incorporated. All post-construction BMPs must be maintained to operate effectively. Less than
significant with mitigation
MM IX-6: The following water quality BMPs shall be incorporated into the project:
a Run-off Control. Maintain post-development peak runoff rate and average volume of
runoff at levels that are similar to pre-development levels.
e Labeling and Maintenance of Storm Drain Facilities. Label new and existing storm drain
inlets with "No Dumping - Drains to Ocean" to alert the public to the destination of
stormwater and to prevent direct discharge of pollutants into the storm drain. . Common Area Litter Control. Implement a trash management and litter control program
to prevent litter and debris from being carried to water bodies or the storm drain
system.
Page 32 of 50
lNlTlALSTUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONALUSE PERMIT 12-002; VARIANCE 12-004, LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001 . Food Service Facilities. Design the food service facility to have a sink or other area for
cleaning floor mats, containers, and equipment8 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, solven.ts, 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. . Streetlparlting lot Sweeping: Implement a program to regularly sweep streets, sidewalks
and parking lots to prevent the accumulation of litter and debris. Debris resulting from
pressure washing should be trapped and collected to prevent entry into the storm drain
system. Washwater containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
g-j: No impact
References: 3, 4, 5, 6, 7, 8, 9, 10
X. Land Use and Planning
Environmental Setting
The City encompasses approximately 5.5 square-miles and is bisected north/south by US Highway 101.
There are several distinct land use categories and zoning districts for residential, commercial, industrial,
agricultural and mixed uses. The City is adjoined by the cities of Pismo Beach and Grover Beach to the
west and unincorporated areas of San Luis Obispo County to the north, east and south.
Page 33 of SO
INITIALSTUDY/MITiGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
Less Than Potentially Less Than Significant Significant Significant No Impact
impact with
Would the project: lmpact Mitigation
a) Physically divide an established community? 0
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 0 u €3
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? lz
Discussion
a-c: Surrounding land uses are identified on Page 12 of this Initial Study. The proposed project was
reviewed for consistency with policy and/or regulatory documents relating to the environment and
appropriate land use (e.g., City's Land Use Element, Development Code, Zoning Map, etc.). The project
was found to be consistent with these documents and codes. Land use and zoning designations for the
property are consistent with the proposed use and compatible with surrounding land uses. The project
is not within or adjacent to a conservation plan area, although it is subject to the City's required creek
setback, which has been reduced from fifty feet (50') to thirty-five feet (35'). No impact
References: 1, 2, 3, 4, 5, 6
XI. Mineral Resources
Environmental Setting
There are no known mineral resources in the City of Arroyo Grande
Would the project:
Less Than Potentially Less Than Significant Significant with Significant No Impact
Impaa Mitigation lmpact -
a) Result in the loss of availability of a ltnown mineral
resource that is or would be of value to the region and El
the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use 0
plan?
Discussion
a-b: No impact
References: 1,4, 5, 6
Page 34 of 50
INiTIAL STUDYJMITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDiTlONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
XI1. Noise
Environmental Setting
Noise exposure throughout the City is primarily caused by automobile traffic on surface streets and US
Highway 101, with intermittent noise generated by agricultural operations and construction activities.
The project site is located in close proximity to U.S. Highway 101 and existing commercial development
where the ambient noise levels are already elevated.
Potentiaili.
Significant
Impact Would the project:
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 locat state, or
federal standards?
b) Generate or expose people to excessive
groundborne vibrations or groundborne noise levels? u
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 r?
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 ill
project expose people residing or working in the
project area to excessive noise ievels?
f) Be in the vicinity of a private airstrip? If so, would
the project expose people residing or working in the ill
project area to excessive noise levels?
Less Than
Significant
with
Mitigation
Less Than
Significant No impact
impact
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 wili comply with applicable City policies regarding noise. Additional impacts can
be mitigated to less than significant levels by implementing the below mitigation measures. Less than
significant with mitigation
MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 6 p.m. Monday
through Friday. No construction shall occur on Saturday or Sunday. Equipment maintenance
and servicing shall be confined to the same hours. To the greatest extent possible, grading and
construction activities should occur during the middle of the day to minimize the potential for
disturbance of neighboring noise sensitive uses.
MM XII-2: All construction equipment utilizing internal combustion engines shall be required to
have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet
Page 35 of 50
INITIAL STUDYIMITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are
provided by the contractor.
MM Xll-3: Equipment mobilization areas, water tanks, and equipment storage areas shall be
placed in a central location as far from existing residences as feasible.
c, e, f: No impact
References: 1,3,4,5, 6
XI11. Population and Housing
Environmental Setting
Arroyo Grande has a population of 17,252 (2010 Census) with an average household size of 2.4 persons,
The project will be an infill development creating new housing opportunities forthe community as well
as providing housing opportunities for a specific subset of the local population, including elderly
individuals. The project will not result in the need for new housing and will not displace existing
housing.
Would the project:
Potentially Less Than Less Than Significant Significant Significant No Impact with Impact Impact Mitigation
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 0 E3
elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement housing D E3
elsewhere?
Discussion
a: The proposed project will provide eight (8) new townhomes on the site as well as 69 beds in a
residential care facility. However, the increase in housing is not considered to be substantial and
therefore a less than significant impact will directly result from the proposed project. No substantial
population growth will indirectly result from the project. Less than sianificant impact
b-c: No impact
References: 1, 2, 4, 5, 6
XIV. Public Services
Environmental Setting
The City of Arroyo Grande administers its own police department and parks and recreation facilities.
Fire protection is provided by the Five Cities Fire Authority through a joint powers agreement JJPA). The
Page 36 of 50
Lucia Mar Unified School District JLMUSD) provides K-12 educational facilities. Public services to the
project site are readily provided by the City of Arroyo Grande.
Would the eroiect:
Potentialiy LessThan LessThan Significant Significant Significant No impact with impact impact Mitication . .
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 i? 0 El
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
Fire protection? 0 0 €3
Police protection:
Schools?
Parks?
Other public facilities?
Discussion
a: The construction of eight (8) townhomes and a 69-bed residential care facility on an infill site
adjacent to other services necessary for daily living is expected to add approximately five (5) school-
aged children to the Lucia Mar Unified School District based on a student yield factor of 0.7. As allowed
by State Law, the Lucia Mar Unified School District has a development impact fee established by the
school district for new residential and commercial construction to finance any new classrooms. &
than sianificant with mitiaation
MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School District impact fee
References: 1, 2, 4, 5, 6, 14
XV. Recreation
Environmental Setting
The Recreation Department oversees recreational activities throughout the City and manages the City's
various parks and open spaces. The project will not affect any existing park or other recreational
resource and will not create additional demand for recreational facilities.
Less Than Potentially Less Than Significant Significant Significant No Impact with impact impact Would the project Mitigation
a) Increase the use of existing neighborhood and
regional parks or other recreational facilities, such that
substantial physical deterioration of the facility would 0 €%I
occur or be accelerated?
Page 37 of 50
iNlTlALSTUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
b) Include recreational facilities or require the
construction or expansion of recreational facilities that
might have an adverse physical effect on the €4
environment?
Discussion
a, b: An offer to dedicate a six-foot (6') wide pathltrail access easement parallel to Meadow Creek along
the length of the project site was recorded in December 2002. As part of the project description, the
applicant will improve the pathltrail to City specifications. The applicant will be required to abandon
the existing easement and offer a new easement for dedication in the as-built location of the proposed
pedestrian path. No impact
References: 1,2, 4
XVI. Transportation/Traffic
Environmental Setting
The City's street network consists of a hierarchy of street types which serve different functions. These
include freeways, arterials, collectors, local streets and alleyways.
Freeways route traffic through the community and are characterized by large traffic volumes and high-
speed travel. Arterials link residential and commercial districts and serve shorter through traffic needs.
Due to the heavier traffic on arterials, adjacent land uses are intended to be a mix of commercial and
multi-family residential. Collector streets link neighborhoods to arterials and are not intended for
through traffic but are nonetheless intended to move traffic in an efficient manner. Local streets are
designed to serve only adjacent land uses and are intended to protect residents from through traffic
im~acts.
Access to the project site is from an existing driveway off of James Way, with a secondary emergency
access located on the southern portion of the property connecting to the adjacent motel site. A Parking
and Traffic Study was conducted by Orosz Engineering Group, lnc. (OEG), dated January 17, 2006 to
address parking and traffic-related impacts resulting from development of the project and existing uses
within the established professional plaza. OEG has reviewed the current proposed project and
continues to support the findings of the previous study based upon similar traffic and parking loads.
According to the City's traffic study policy, a traffic impact study must be prepared for projects
generating twenty (20) peak hour trips or more. The trip generation for the project is less than twenty
(20) peak hour trips, and therefore a traffic study was not required.
Page 38 of 50
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001 -
Potentially
Significant
Would the project: impact
a) Conflict with an applicable plan, ordinance or policy
eslabiishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant 13
components of the circulation system, including but
not limited to intersections, streets, highways and
freeways, pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other
standards established by the county congestion 13
management agency for designated roads or
highways?
c) Result in a change in air traffic patterns, including
either an increase in traffic levels or a change in
location that results in substantial safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous intersections)
or incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access? •
f) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian
facilities, or otherwise decrease the performance or 13
safety of such facilities?
LessThan
Significant
with
Mitigation
LessThan
Significant
Impact
No impact
Discussion
a, b: Parking and circulation patterns are adequate with the proposed project and trip generation would
not significantly impact any road segments or intersections. Less than significant impact
c: No impact
d: Previous project approvals at the site included investigation of project site driveway configuration,
including the two currently installed full ingress and egress driveways serving the project site and the
nearby fitness center. The driveway configuration was considered to provide reasonable operation for
site access. The driveway configuration is considered to continue to be adequate to support the current
project. Less than sinnificant impact
e: The project is required to maintain emergency access on the southern portion of the property
connecting to the adjacent motel site. No impact
References: 1, 3, 5, 6, 12, 13
Page 39 of 50
INITIAL STUDY/MITIGATED NEGATiVE DECLARATiON AUGUST 2013
CONOiTlONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
XVII. Utilities and Service Systems
Environmental Setting
Water and sewer utilities are provided by the City of Arroyo Grande and the South San Luis Obispo
County Sanitation District.
Would the project:
a) Exceed wastewater treatment restrictions or
standards of the applicable Regional Water Quality
Control Board?
b) Require or result in the construction of new water
or wastewater treatment facilities or expansion of
existing facilities?
Would the construction of these facilities cause
significant environmentai effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources or
are new or expanded entitlements needed?
e) Result in a determination, by the wastewater
treatment provider that serves or may serve the
project, that it has adequate capacity to service the
project's anticipated demand, in addition to the
provider's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations as they relate to solid waste?
Discussion
a-g: No impact
Potentially
Significant
irnoact
Less Than
Significant
with
Mitigation
Less Than
Significant No Impact
impact
References: 3, 4, 5, 6, 7, 8, 9, 10
Page 40 of 50
lNlTiALSTUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
Mandatory Findings of Significance
Less Than Potentially Less Than Significant Significant Significant No Impact with Impact impact Would the project: Mitigation
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community, 0 n €4 0
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection 17 €3
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects)?
c) Does the project have environmental effects which
will cause substantial adverse effects on human • • €3
beings, either directly or indirectly?
Discussion
a: The proposed project completes an infill property within the City Limits. A major component of this
project is the filling of a 0.006 acre man-made wetland and mitigating the wetland with riparian
vegetation and habitat restoration adjacent to Meadow Creek. Although the potential for adverse
impacts on Meadow Creek exists, as with any project requiring grading and construction, the restoration
of the creek area will result in beneficial improvement to the environment in the vicinity of the project
site. Less than significant impact
b: The impacts of the proposed project are individually limited and not cumulatively considerable. All
environmental impacts that could occur as a result of the proposed project would be reduced to a less
than significant level through implementation of the mitigation measures recommended in this Initial
Study and, when viewed in conjunction with other closely related past, present or reasonably
foreseeable future projects, would not be significant. Less than significant imaact
c: As described in this Initial Study, the impiementation of the proposed project could result in
temporary impacts during its construction period. Implementation of the mitigation measures
recommended in this Initial Study would ensure that the proposed project would not result in
environmental effects that would cause substantial adverse effects on human beings. Less than
significant impact
Page 41 of 50
INITIAL STUDYjMITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
Summary of Mitigation Measures
MM 1-1: The applicant shall submit a lighting plan verifying that all exterior lighting for the
development is directed downward and does not create spill or glare to adjacent properties and
rioarian habitat.
MM 111-1: Based on the recommendation by the APCD, the applicant shall demonstrate how the
construction phase impacts will be below the level of significance as identified in the APCD's
CEQA Handbook prior to grading permit issuance and at least three months before construction
activities are to begin.
MM 111-2: The following standard mitigation measures for construction equipment shall be
implemented to reduce the ROG, NOx, and diesel particulate matter (DPM) emissions during
construction of the project:
I. Maintain all construction equipment in proper tune according to manufacturer's
specifications;
m. Fuel all off-road and portable diesel powered equipment with ARB certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road);
n. Use diesel construction equipment meeting ARBS Tier 2 certified engines or cieaner off-
road heavy-duty diesel engines, and comply with the State Off-Road Regulation;
o. Use on-road heavy-duty trucks that meet the ARB'S 2007 or cleaner certification
standard for on-road heavy-duty diesel engines, and comply with the State On-Road
Regulation;
p. Construction or trucking companies with fleets that do not have engines in their fleet
that meet the engine standards identified in the above two measures (e.g. captive or
NOx exempt area fleets) may be eligible by proving alternative compliance;
q. All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs shali
be posted in the designated queuing areas and or job sites to remind drivers and
operators of the 5 minute idling limit;
r. Diesel idling within 1,000 feet of sensitive receptors is not permitted;
s. Staging and queuing areas shall not be located within 1,000feet of sensitive receptors;
t. Electrify equipment when feasible;
u. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and
v. Use alternatively fueled construction equipment on-site where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
MM 111-3: Priorto any construction activities at the site, the project proponent shall ensure that
a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present
within the area that will be disturbed. If NOA is not present, an exemption request must be filed
with the APCD. If NOA is found at the site, the applicant must comply with all requirements
outlined in the Asbestos Air Toxins Control Measure (ATCM) reguiated by the California Air
Resources Board (ARB) and may require development of an Asbestos Dust Mitigation Plan and
an Asbestos Health and Safety Program for approval by the APCD.
MM 111-4: Prior to any demolition activities or the removal or relocation of utility pipelines at the
site, if necessary, the project proponent shall notify the APCD to ensure the activities occur in
Page 42 of 50
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
accordance with the requirements stipulated in the National Emission Standard for Hazardous
Air Pollutants (NESHAP).
MM 111-5: The following mitigation measures shall be implemented during construction to
manage fugitive dust emissions such that they do not exceed the APCD 20% opacity limit (APCD
Rule 401) or prompt nuisance violations (APCD Rule 402):
n. Reduce the amount of the disturbed area where possible;
o. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency will be required whenever wind
speeds exceed 15 mph. Reclaimed (non-potable) water shall be used whenever
possible;
p. All dirt stockpile areas should be sprayed daily as needed;
q. Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities;
r. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating, non-invasive, grass seed and
watered until vegetation is established;
s. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
t. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as
possible. In addition, building pads shall be iaid as soon as possible after grading unless
seeding o soil binders are used;
u. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
v. All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114;
w. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
x. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water shall be used where feasible;
y. All PMlo mitigation measures required shall be shown on grading and building plans; and
z. The contractor or building shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below 20% opacity. Their duties
shall include holidays and weekend periods when work may not be in progress. The
name and telephone number of such persons shall be provided to the APCD Compliance
Divisions prior to the start of any grading, earthwork or demolition.
MM 111-6: Prior to any construction activities on the site, the project proponent shall contact the
APCD Engineering Division to obtain all necessary permits for portable equipment used during
the construction and operational phases of the project. Typical equipment requiring a permit
includes, but is not limited to, the following:
* Diesel engines;
* Portable generators and equipment with engines that are 50 horsepower or greater;
Electrical generation plants or the use of standby generators; and
* Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch plant, etc.
Page 43 of 50
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
MM 111-7: Proposed truck routes shall be evaluated and selected to ensure routing patterns have
the least impact to residential dwellings and other sensitive receptors, such as schools, parks,
daycare centers, nursing homes, and hospitals.
MM 111-8: The project proponent shall coordinate with and obtain all necessary equipment and
operation permits that are required by APCD. Typical equipment requiring such permits
includes, but is not limited to, the following:
Portable generators and equipment with engines that are 50 hp or greater;
e Electrical generation plants or the use of standby generators;
Boilers;
Internal combustion engines;
Sterilization unit(s) using ethylene oxide and incinerator(8); and
Cogeneration facilities.
MM IV-1: The applicant shall revegetate the 0.18-acre mitigation area as outlined in the
"Wetland Mitigation Plan" prepared by the Morro Group, Inc., dated May 21, 2002. Any plants
that do not survive shall be replaced in kind and monitored until established. Temporary
irrigation shall be provided for ail planting areas for three (3) years or until plants are
established. An independent consultant specializing in biological resources shall be hired by the
City and paid for by the applicant to monitorthe mitigation for a minimum of five (5) years.
MM IV-2: The applicant shall consult and coordinate with the Regional Water Quality Control
Board (RWQCB) and the United States Corps of Engineers (USACE) regarding the project. The
applicant shall obtain all permits required for the construction, operation, or mitigation of the
project. If permits are not required, the applicant shall provide written verification as such from
the appropriate agency.
MM IV-3: The applicant shall obtain compliance with Section 1602 of the California Fish and
Game Code (Streambed Alteration Agreements) in the form of a completed Streambed
Alteration Agreement or written documentation from the CDFG that no agreement would be
required. Should an agreement be required, the applicant shall implement all the terms and
conditions of the agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration
Agreement process encourages applicants to demonstrate that the proposed project has been
designed and will be implemented in a manner that avoids and minimizes impacts on riparian
habitat and the stream zone.
MM IV-4: All non-native plant species shall be eliminated from the 35' wide creek setback area.
MM IV-5: The developer shall record an irrevocable offer of dedication open space agreement
and thirty-five foot (35') creek easement on the property measured from top of bank. No
structures shall occur within the 35' creek setback area, in accordance with Section 16.44.050 of
the Municipal Code.
MM IV-6: Siltation/sedimentation control measures shall be implemented along the entire
eastern property boundary prior to site construction. Such control measures shall include
sediment fences and/or hay bales placed into the crux of the bank of Meadow Creek.
Page 44 of 50
lNlTlALSTUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
Erosion/sediment control barricades shall be placed around the perimeter of each construction
zone with the potential to drain to Meadow Creek.
MM IV-7: Soil shall not be stockpiled in areas located nearthe eastern property margin adjacent
to Meadow Creek, or in areas that have potential to drain to Meadow Creek. Stockpiled soil
should be properly covered at all times to avoid wind and water erosion, and consequent
siltation to Meadow Creek.
MM IV-8: No heavy equipment shall be allowed within the Meadow Creek corridor
MM V-1: If a potentially significant cultural resource is encountered during subsurface
earthwork activities, all construction activities within a 100-foot radius of the find shall cease
until a qualified archaeologist determines whether the uncovered resource requires further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously undiscovered
resources found during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of California
Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts;
fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shali prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data
for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the appropriate Information Center
and provide for the permanent curation of the recovered materials.
MM V-2: If human remains are encountered during earth-disturbing activities, all work in the
adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be
notified immediately. If the remains are determined to be Native American in origin, the Native
American Heritage Commission shall be notified and will identify the Most Likely Descendent,
who will be consulted for recommendations for treatment of the discovered remains.
MM VI-1: All construction plans shall incorporate the recommendations of the soils engineering
report prepared for the project site by Earth Systems Pacific dated October 30, 2006.
MM VII-1: All construction plans shall reflect the following GHG-reducing measures where
applicable. Prior to issuance of building permits, the applicant shall submit impact reduction
calculations based on these measures to the APCD for review and approval, incorporating the
following measures:
e Incorporate outdoor electrical outlets to encourage the use of electric appliances and
tools.
I Provide shade tree planting in parking lots to reduce evaporative emissions from parked
vehicles. Design should provide 50% tree coverage within 10 years of construction using
low ROG emitting, low maintenance native drought resistant trees.
a Provide conduit for future fueling of electric vehicies (one space in parking area).
e No residential wood burning appliances.
Page 45 of 50
INITIAL STUDY/MITIGATED NEGATIVE DECWRATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001 . Provide employee lockers and showers. One shower and 5 lockers for every 25
employees are recommended. . Trusses for south-facing portions of roofs shall be designed to handle dead weight loads
of standard solar-heated water and photovoltaic panels. Roof design shall include
sufficient south-facing roof surface, based on structures size and use, to accommodate
adequate solar panels. For south facing roof pitches, the closest standard roof pitch to
the ideal average solar exposure shall be used. . Increase the buiiding energy rating by 20% above Title 24 requirements. Measures used
to reach the 20% rating cannot be double counted. . Plant drought tolerant, native shade trees along southern exposures of buildings to
reduce energy used to cool buildings in summer. . Utilize green building materials (materials which are resource efficient, recycled, and
sustainable) available locally if possible.
install high efficiency heating and cooling systems.
Design building to include roof overhangs that are sufficient to block the high summer
sun, but not the lower winter sun, from penetrating south facing windows (passive solar
design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i.e. Energy Star").
Utilize double-paned windows.
Utilize low energy street lights (i.e. sodium).
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPA/DOE Energy Star"
rating to reduce summer cooling needs.
Eliminate high water consumption landscape (e.g., plants and lawns) in residential
design. Use native plants that do not require watering and are low ROG emitting.
Provide on-site bicycle parking both short term (racks) and long term (lockers, or a
locked room with standard racks and access limited to bicyclist only) to meet peak
season maximum demand. One bike rack space per 10 vehicle/employee space is
recommended.
Require the installation of electrical hookups at loading docks and the connection of
trucks equipped with electrical hookups to eliminate the need to operate diesel-
powered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers, or covered racks /
lockers to service the residential units.
MM -1 A Stormwater Pollution Prevention Plan (SWPPP) shall be developed and
implemented in consultation with the City, Regional Water Quality Control Board (RWQCB), and
other regulatory agencies. The SWPPP shall include BMPs to reduce potential impacts to
surface water quality through the construction and life of the project. The SWPPP shall adhere
to the following requirements: . The SWPPP shall include measures to avoid creating contaminants, minimize the release
of contaminants, and water quality control measures to minimize contaminants from
entering surface water or percolating into the ground.
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INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
The water quality control measures shall address both construction and operations
periods.
Fluvial erosion and water pollution related to construction shall be controlled by a
construction water pollution control program that shall be filled with the appropriate
agency and kept current throughout any site development phase.
The water pollution prevention program shall include BMPs, as appropriate, given the
specific circumstances of the site and project.
The SWPPP shall be submirted for review and approval to the RWQCB.
A spill prevention and countermeasure plan shall be incorporated into the SWPPP.
Designation of equipment and supply staging and storage areas at least 150 feet from
the outside edge of the Meadow Creek 35-foot setback area. All vehicle parking,
routine equipment maintenance, fueling, minor repair, etc., and soil and material
stockpile, shall be done only in the designated staging area.
Major vehicle/equipment maintenance, repair, and equipment washing shall be
performed off site.
A wet and dry spill cleanup plan that specifies reporting requirements and immediate
clean up to ensure no residual soil, surface water or groundwater contamination would
remain after clean up.
Designating concrete mixer washout areas at least 100 feet from the outside edge of the
Meadow Creek 35-foot setback with the use of appropriate containment or reuse
practices.
A temporary and excess fill stockpile and disposal plan that ensures that no detrimental
affects to receiving waters would result.
Requiring all grading and application of concrete, asphalt, etc. to occur during the dry
season from April 15 to October 15.
Required site preparation and erosion control BMPs for any work that may need to be
completed after October 15.
MM IX-2: To reduce erosion hazards due to construction activities, grading shall be minimized
and project applicants shall use runoff and sediment control structures, and/or establish a
permanent plant cover on side slopes following construction.
MM IX-3: Erosion control and bank stabilization measures shall be implemented to ensure that
the creek bank does not erode. In addition, alternative bank protection methods, such as
restoration of native vegetation, root wads, or other bioengineering methods of stabilization,
shall be used whenever possible. In order to reduce long-term effects of soil compaction and
changes in topography, construction vehicles and personnel shall not enter the low flow channel
and wet areas. Construction mats and other devices shall be used whenever possible to reduce
impacts associated with soil compaction.
MM IX-4: All temporary fill placed during project construction shall be removed at project
completion and the area restored to approximate pre-project contours and topography.
MM IX-5: No construction debris or materials shalt be allowed to enter the creek bed, either
directly or indirectly. Stockpiles shall be kept far enough from the banks of the active channel
and protected to prevent materials from entering the creek bed.
Page 47 of SO
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
MM IX-6: The following water quality BMPs shall be incorporated into the project:
Run-off Control. Maintain post-development peak runoff rate and average volume of
runoff at levels that are similar to pre-development levels.
Labeling and Maintenance of Storm Drain Facilities. Label new and existing storm drain
inlets with "No Dumping - Drains to Ocean" to alert the public to the destination of
stormwater and to prevent direct discharge of pollutants into the storm drain.
Common Area Litter Control, Implement a trash management and litter control program
to prevent litter and debris from being carried to water bodies or the storm drain
system.
Food Service Facilities. Design the food service facility to have a sink or other area for
cleaning floor mats, containers, and equipment8 that is connected to a grease
interceptor prior to discharging to the sanitary sewer system. The cleaning area shall be
large enough to clean the largest mat or piece of equipment to be cleaned.
Refuse Areas. Trash compactors, enclosures and dumpster areas shall be covered and
protected from roof and surface drainage. Install a self-contained drainage system that
discharges to the sanitary sewer if water cannot be diverted from the areas.
Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored
outdoors must be in containers and protected from drainage by secondary containment
structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer
system. Bulk materials stored outdoors must also be protected from drainage with
berms and covers. Process equipment stored outdoors must be inspected for proper
function and leaks, stored on impermeable surfaces and covered. Implement a regular
program of sweeping and litter control and develop a spill cleanup plan for storage
areas.
Cleaning, Maintenance and Processing Controls. Areas used for washing, steam
cleaning, maintenance, and repair or processing must have impermeable surfaces and
containment berms, roof covers, recycled water wash facility, and discharge to the
sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems
and/or approval of an industrial waste discharge permit.
Streetlparking lot Sweeping: Implement a program to regularly sweep streets, sidewalks
and parking lots to prevent the accumulation of litter and debris. Debris resulting from
pressure washing should be trapped and collected to prevent entry into the storm drain
system. Washwater containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 6 p.m. Monday
through Friday. No construction shall occur on Saturday or Sunday. Equipment maintenance
and servicing shall be confined to the same hours. To the greatest extent possible, grading and
construction activities should occur during the middle of the day to minimize the potential for
disturbance of neighboring noise sensitive uses.
MM XII-2: Ali 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.
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INITIAL STUDYIMITIGATED NEGATIVE DECLARATION AUGUST 2013
CONDITIONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
MM Xll-3: Equipment mobilization areas, water tanks, and equipment storage areas shall be
placed in a central location as far from existing residences as feasible.
MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School District impact fee.
Page 49 of 50
INITIAL STUDYIMITIGATED NEGATIVE DECLARATiON AUGUST 2013
CONDlTiONAL USE PERMIT 12-002; VARIANCE 12-004; LOT MERGER 12-003; AMENDED VESTING TENTATIVE TRACT MAP 12-001
References
Documents & Maps
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande Land Use Map
3. City of Arroyo Grande Municipal Code
4. City of Arroyo Grande Zoning Map
5. Project Description
6. Project Plans
7. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010)
8. Arroyo Grande Urban Water Management Plan
9. Arroyo Grande Water System Master Plan (2012)
10. Arroyo Grande Wastewater Master Plan (2012)
11. San Luis Obispo Important Farmland Map (California Department of Conservation, 2006)
12. CEQA &Climate Change White Paper (CAPCOA, 2008)
13. Air Quality Handbook (SLO APCD, 2012)
14. Arroyo Grande Multi-Jurisdictional Local Hazard Mitigation Plan (2012)
15. Historical Resources Evaluation Report (Carr & MacDonald, 2008)
16. APCD letter dated June 24,2013
17. Top of Bank Study by TriadIHomes, Assoc. dated June 1,2004
18. Wetland Mitigation Plan by the Morro Group, Inc. dated August 22,2002
19. Wetland Survey by SWCA Environmental Consultants dated November 4,2010
20. Phase I Archaeological Survey by Heritage Discoveries, Inc. dated October 9,2000
21. Soils Engineering Report by Earth Systems Pacific dated October 30, 2006
22. Preliminary Drainage Study by Triad/Holmes, Assoc. dated May 2005
23. Parking and Traffic Study by OEG dated January 17,2006, and earlier parking studies
Page 50 of 50
ATTACHMENT 11
ADDENDUM TO INITIAL STUDY/
MInIGATED NEGATIVE
DECLARATION
Amended Conditional
February 2015
ADDENDUM TO INITIALSTUDY/MITI~HI~ED NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001; VARIANCE 15-001; LOT MERGER 15-001
Table of Contents:
1.0 lntroductio
1.1 Lead Agency ......................................................................................................................................... 4
1.2 Purpose of this Addendu
1.3 CEQA Framework for Addendu
1.4 Summary of Findings
. . 2.0 Project Description ............... .. ............................................................................................................ 5
2.5 Related Projects
3.0 Environmental Analysis ................................
. . 3.1 Determination ................................................................................................................................... 10
Page 3 of 10
ADDENDUM TO INITIAL STUDY/MITI~HTED NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
1.0 Introduction
This environmental document is an Addendum to the Meadow Creek Care Facility Initial
StudyfMitigated Negative Declaration ([ISfMND] State Clearinghouse No. 2013081075), adopted in
January 2014 by the City of Arroyo Grande. Since adoption of the ISfMND, changes to the previously
Approved Project have been proposed, thus requiring further environmental anaiysis. The proposed
changes to site layout, land use, building location, parking, and circulation are addressed in this
Addendum. As demonstrated in this Addendum, the ISfMND continues to serve as the appropriate
document addressing the environmental impacts of these improvements pursuant to the California
Environmental Quality Act (CEQA).
1.1 Lead Agency
The lead agency is the public agency with primary approval authority over the proposed project. In
accordance with CEQA Guidelines 515051(b)(l), "the lead agency will normally be an agency with
general governmental powers, such as a city or county, rather than an agency with a single or limited
purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for
the lead agency is:
Matthew Downing, AICP
Assistant Planner
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420
(805) 473-5420
1.2 Purpose of this Addendum
The purpose of this Addendum is to evaluate whether the Proposed Project as currently proposed would
result in any new or substantially greater significant effects or require any new mitigation measures not
identified in the 2014 ISfMND for the Approved Project. This Addendum, together with the 2014
ISfMND, will be used by the City when considering approval of the Proposed Project.
1.3 CEQA Framework for Addendum
When a proposed project is changed or there are changes in environmental setting, a determination
must be made by the Lead Agency as to whether an Addendum or Subsequent EIR or MND is prepared.
CEQA Guidelines $15162 and $15164 set forth criteria to assess which environmental document is
appropriate. The criteria for determining whether an Addendum or Subsequent MND is prepared are
outlined below. If the criteria below are true, then an Addendum is the appropriate document:
Substantial changes in the project which require major revisions to the MND due to the
involvement of new significant environmental effects or a substantial increase in the severity of
previously identified significant effects;
Substantial changes with respect to the circumstances under which the project is undertaken
which requires major revisions to the MND due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; or
New information of substantial importance, which was not known and could not have been
known with the exercise of reasonable diligence at the time of MND adoption, shows any of the
following:
Page 4 of 10
ADDENDUM TO INITIAL STUOY/MITIGNI ED NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
o the project will have one or more significant effects not discussed in the MND,
o the project wili result in impacts substantially more severe than those disclosed in the
MND,
o mitigation measures or alternatives previously found not to be feasible would in fact be
feasible and would substantially reduce one or more significant effects of the project,
but the project proponent declines to adopt the mitigation measures or alternative, or
o mitigation measures or alternatives that are considerably different from those analyzed
in the MND would substantially reduce one or more significant effects on the
environment, but the project proponent declines to adopt the mitigation measure or
alternative.
Based upon the information provided in Section 3.0 of this document, the changes to the Approved
Project will not result in new significant impacts or substantially increase the severity of impacts
previously identified in the IS/MND, and there are no previously infeasible alternatives that are now
feasible. None of the other factors set forth in 515162(a)(3) are present. Therefore, an Addendum is
appropriate, and this Addendum has been prepared to address the environmental effects of the
modifications to the project.
1.4 Summary of Findings
This Addendum addresses the environmental effects associated only with refinements/enhancements
to the Approved Project that have occurred since adoption of the IS/MND. The conclusions of the
anaiysis in this Addendum remain consistent with those made in the IS/MND. No new significant
impacts will result, and no substantial increase in severity of impacts will result from those previously
identified in the \S/MND.
2.0 Project Description
2.1 Location
The Proposed Project is a phased residential project to be located on approximately 1.8 acres. The
property is located near the corner of Oak Park Boulevard and James Way, adjacent to Meadow Creek,
with access from James Way. Nearby land uses include medical offices, a health club, a hotel, a church,
and a residential subdivision across the creek.
2.2 Background
The Approved Project was formally evaluated in a 2014 IS/MND for the Meadow Creek Care Facility
Project. The IS/MND was prepared pursuant to the California Environmental Quality Act (CEQA) and
adopted by the City of Arroyo Grande (City). The ISIMND evaluated potential environmental impacts on
aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources,
geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water
quality, land use and planning, mineral resources, noise, population and housing, public services,
recreation, transportation/traffic, utilities and service systems, and mandatory findings of significance.
All impacts in the ISIMND have been mitigated to below a level of significance through implementation
of mitigation measures.
Since adoption of the IS/MND, the Approved Project has been modified and resulted in changes to site
layout, land use, building location, parking, and circulation to address private easement considerations
with a neighboring property owner.
Page 5 of 10
ADDENDUM TO INITIAL STUDY/MITICIH~ED NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
2.3 Project Description
The Proposed Project is a phased residential development on approximately 1.8 acres adjacent to
Meadow Creek with frontage on James Way. The overall site (3.74 acres) is identified as the Oak Park
Professional Plaza, which is currently developed with two medical office buildings and health club
(Kennedy Club Fitness). The project site is undeveloped with a portion currently used for overflow
parking. The property has been disturbed from previous earthmoving activities for adjacent
development and therefore the soiis consist primarily of fill material.
Phase I is a 70-bed assisted living and memory care facility located adjacent to Meadow Creek. Phase I
includes twenty-six (26) Alzheimer care units (1-bed and studio units) and forty-four (44) assisted living
units (1-bed and studio). Fifty-one (51) new off-street parking spaces on approximately 1.2 acres are
provided in addition to the 70 care units. This parking area includes vehicular connections to the
adjacent property at 1260 James Way (Kennedy Club Fitness). The project also includes an ADA
compliant decomposed granite pedestrian path adjacent to Meadow Creek connecting James Way to
the hotel property at 850 Oak Park Boulevard.
Phase II is a change from eight (8) approved townhomes to sixteen (16) independent living units located
adjacent to and northwest of Phase I.
A variance and lot merger are being pursued concurrently with the amended conditional use permit.
The variance is necessary to deviate from the fifty foot (50') creek setback from top of bank for Meadow
Creek. The Approved Project was approved with a creek setbaclc of thirty-five feet (35') given the
unique characteristics of the site. New setbacks of approximately thirty-two feet (32') from the top of
bank are proposed at the most narrow point; however the overall proposed setback area remains
substantially similar to the approved project. The lot merger will combine the three lots for the
construction of both Phases.
2.4 Other Required Public Agency Approvals
The applicant will be required to coordinate with the Regional Water Quality Control Board, the San Luis
Obispo County Air Pollution Control District, and the Army Corps of Engineers to obtain all necessary
permits to complete the project. This is consistent with the adopted IS/MND for the Approved Project.
2.5 Related Projects
Vesting Tentative Tract Map 12-001
Conditional Use Permit 12-002
Variance 12-004
Oak Park Plaza Master Plan
3.0 Environmental Analysis
As explained in Section 1.3, this comparative analysis has been undertaken pursuant to the provisions of
CEQA Guidelines 015162 and 915164 to provide the City with the factual basis for determining whether
any changes in the project, any changes in circumstances, or any new information since the ISIMND was
adopted require additional environmental review or preparation of a Subsequent MND or EIR to the
ISfMND previously prepared. As described in Section 2.0, refinements to the project's site layout, land
use, building location, parking, and circulation have occurred since preparation of the IS/MND. Because
of this, new analysis for impacts within the project area is provided in this Addendum. The
Page 6 of 10
ADDENDUM TO INITIAL STUOY/MITI~HTEO NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
environmental analysis provided in the IS/MND remains current and applicable to the proposed project
in areas unaffected by the design refinements for the environmental topics, as listed below:
Aesthetics: The proposed project modifications related to design would not result in additional
impacts to aesthetic resources beyond those identified in the IS/MND. The IS/MND identified
impacts associated with new sources of light that would adversely affect nighttime views in the
area and mitigation was proposed that would require the development of a lighting plan to
verify no spill or glare to adjacent properties and riparian habitat. The modifications to the
Approved Project will require adjustment of lighting locations and a lighting plan will still be
required. Therefore, the mitigation identified in the IS/MND for aesthetics impacts remains
applicable to the project modifications. No new mitigation measures are required for the
project modifications.
* Agriculture and Forest Resources: The Proposed Project would not result in additional impacts
to agriculture beyond those identified in the IS/MND because there are no prime, unique, or
statewide important farmlands in the project study area. The IS/MND did not identify any
impacts to agricultural uses; therefore, mitigation was not required. No new mitigation
measures are required for the proposed modifications.
Air Quality: The Proposed Project would not result in additional impacts to air quality beyond
those identified in the IS/MND. The Construction Phase Emissions and Operational Phase
Emissions estimates of the Approved Project identified in the IS/MND are still applicable, as the
scope of construction and operation has not notably changed. Therefore, the mitigation
identified in the IS/MND for air quality impacts remains applicable to the project modifications.
No new mitigation measures are required for the project modifications.
* Biological Resources: The modified care facility building location and setback relative to
Meadow Creek alter the location and area dedicated to riparian habitat revegetation, but would
not increase impacts to biological resources. This is due to the fact that mitigation measures
developed for the Approved Project require the revegetation of the riparian habitat, which
currently exists with non-native, invasive species and is generally in poor health. The redesigned
site layout would also provide additional area in the parking area to the south of the care facility
building for Low Impact Development [LID) features to retain water and help support the
revegetated riparian habitat. The Proposed Project has also been conditioned to fully design the
pedestrian trail in the creek setback, both on-site and adjacent to the site. This addresses
objectives of the General Plan without further impacts resulting from the Proposed Project. The
extent and intensity of activities under the Proposed Project would not vary substantially
relative to that evaluated in the IS/MND, and the mitigation measures prescribed in the IS/MND
would still be applicable and necessary to reduce the significance of impacts under the Proposed
Project.
Cultural Resources: The Proposed Project would not result in changes to the overall physical
impacts to cultural resources [including historic/other resources on the site) during
construction, and would not be materially different than under the Approved Project. The
extent and intensity of construction activities under the Proposed Project would not vary
substantially relative to that evaluated in the IS/MND, and the mitigation measures prescribed
in the IS/MND would still be applicable and necessary to reduce the significance of impacts
under the Proposed Project.
ADDENDUM TO INITIAL STUDY/MITIGHI €0 NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
GeologyJSoils: The Proposed Project would not result in substantially different geophysical
impacts beyond those identified in the IS/MND. While the Proposed Project involves proposed
changes to the site layout, these changes do not represent a substantial deviation from the
project analyzed in the \S/MND, and the conclusions of the ISIMND remain valid. Compliance
with applicable code standards, seismic requirements, and mitigation measures identified in the
IS/MND will reduce geotechnical concerns to below a level of significance.
Greenhouse Gas Emissions: The Proposed Project would result in similar impacts relative to the
Approved Project, as anticipated greenhouse gas emissions are reduced per unit with the
change from townhomes to independent living uses. As such, the proposed project
modifications would not result in an increase in greenhouse gas emissions or related impacts to
global climate change or conflicts with applicable climate change plans, policies, or regulations.
Therefore, the mitigation identified in the IS/MND for greenhouse gas emissions impacts
remains applicable to the project modifications. No new mitigation measures are required for
the project modifications.
* Hazards and Hazardous Materials: The Proposed Project would not increase risks related to
hazards or hazardous materials relative to the Approved Project. The proposed project
modifications would not require additional construction equipment or increased use of such
equipment, and the site remains void of known hazardous materials. The IS/MND did not
identify any impacts to hazards and hazardous materials; therefore, mitigation was not required.
No new mitigation measures are required for the proposed modifications.
e HydrologyJWater Quality: The Proposed Project would be required, as under the Approved
Project, to comply with all applicable water quality regulations during and following
construction activities. As is the case with the Approved Project, compliance with stormwater
regulations and mitigations measures identified in the IS/MND would preclude the potential for
significant impacts to receiving water bodies. No new mitigation measures are required for the
proposed modifications.
Land UseJPlanning: The Proposed Project would require the same entitlements, permits,
and/or other approvals as the Approved Project, with the exception of the proposed lot merger
instead of approved tract map, which would only be required under the Approved Project. The
ISIMND did not identify any impacts to land use/planning; therefore, mitigation was not
required. No new mitigation measures are required for the proposed modifications.
Mineral Resources: The proposed refinements would not result in additional impacts to mineral
resources beyond those identified in the IS/MND and because the project site is not located
within an area of known mineral resources, either of regional or local value, the IS/MND did not
identify any impacts to mineral resources; therefore, mitigation was not required. No new
mitigation measures are required for the changes to the Approved Project.
Noise: The Proposed Project would not result in additional impacts to noise beyond those
identified in the IS/MND. As noted in the various impact discussions in this Section, the
Proposed Project would alter the site layout and use within the project site boundaries, but
would not otherwise affect the overall nature, intensity, or duration of the project such that
Page 8 of 10
ADDENDUM TO INITIAL STUDY/MlTlc?ATED NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
impacts would vary substantially from those evaluated in the IS/MND. As such, while mitigation
would still be necessary to address short-term noise increases in the project area, no new
mitigation measures are required for the Proposed Project. No new mitigation measures are
required for the changes to the Approved Project.
Population/Housing: The Proposed Project remains within the anticipated land use intensity
identified in the General Plan and would not have any significant impact on population, housing,
or employment in the City or region at large, as is the case for the Approved Project. The
IS/MND did not identify any impacts to population/housing; therefore, mitigation was not
required. No new mitigation measures are required for the proposed modifications.
* Public Services: The Proposed Project would result in a similar impact to public services/utilities
identified in the IS/MND. In fact, the Proposed Project would likely result in reduced impacts to
public services as the change in land use from townhomes to independent living units eliminates
the student yield factor attributed with the townhomes. Therefore, the mitigation identified in
the IS/MND for public services impacts remains adequate and no new mitigation measures are
required for the project modifications.
Recreation: The proposed project modifications would not result in additional impacts to
recreation beyond those identified in the IS/MND. The IS/MND did not identify any temporary
or permanent impacts to recreational resources; therefore, mitigation was not required. As
such, no new mitigation measures are required for the proposed modifications.
* Transportation/Traffic: The Proposed Project would not result in additional impacts to
transportation/traffic beyond those identified in the IS/MND because the changes in use from
townhomes to independent living results in reduced PM peak-hour trips, even in light of the
increased number of independent living units compared to townhomes. Additionally, site
refinements and layout changes will result in improved site circulation and exiting ability for
large trucks and buses from the adjacent site. The ISIMND did not identify any long-term
impacts to transportation/traffic; therefore, mitigation was not required. No new mitigation
measures are required.
Utilities/Service Systems: The Proposed Project would not require or result in the construction
or expansion of any public utilities beyond those required for the Approved Project. Temporary
short-term and operational demands on public utilities or other infrastructure would not
measurably change under the Proposed Project and therefore no impacts would be anticipated
and no mitigation measures are required.
Mandatory Findings of Significance: The potential impacts of the Proposed Project with regard
to aesthetics, air quality, biological resources, cultural resources, geologyjsoiis, greenhouse gas
emissions, hydrology/water quality, noise, public services, and direct and indirect effects on
human beings would be comparable to the Approved Project, and potentially reduced with
regard to public services given the reduction student yield factor of the land uses under the
Proposed Project. As impacts under the Proposed Project would be similar to or reduced relative
to the Approved Project, impacts would be iess than significant in this regard and no mitigation
measures are required.
Page 9 of 10
ADDENDUM TO INlTiAL STUDYIMiTlbnrED NEGATIVE DECLARATION FEBRUARY 2015
CONDITIONAL USE PERMIT 15-001, VARIANCE 15-001, LOT MERGER 15-001
3.1 Determination
Based on the information provided above, the proposed modifications to the Approved Project would
not result in a measurable increase in environmental impacts over what was previously analyzed in the
IS/MND. Although the specific location and timing of some impacts have changed, no new significant
impacts have been identified, nor is the severity of newly identified impacts substantially greater than
the conclusions of the IS/MND.
Based upon the evidence included in the above analysis, the Proposed Project as described in Section
2.0 would not result in a substantial change in the conclusions and analysis included in the IS/MND.
Page 10 of 10
ATTORNEYS AT LAW
1915 SANTA ROSA STREET
~10s OFF~CE eox 1485
SAN LUIS OSiSPO. CAllFORNIA 93406
TELEPHONE 18051 544-2450
FACSIMILE LEOS! 544-3284
WWW GLICKHAUPT COM
February 12,201 5
ATTACHMENT 12
Via U.S. Mail & E-Mail
Timothy J. Canlel, Esq.
Camel Kr Naccasha LLI?
141 0 Marsh Street
San Luis Obispo, CA 93401
tcamicl@car~~aclaw.com
Re: Meadow Creek Proiect
Dear Ms. Calmel.
We have recently learned that ap~~bIi~ ilearing is scheduled for February 17th; 2015 in
ii-ont dtlle City of Arroyo Grande Planning Cornmission to review development permits for the
Sheppel project located on Oak Park Road arid jarnes Way. We have only seer] preliini~lary
plans, however, our clieni Ray Uuiuiell is extremely concerned with the plans utilization of his
parking easement for Meadow Creek Independent Living units.
Not only does the Slleppel plan show that the parking easement has been moved and
reduced in size, but it also indicates that it is to be shared parking. As you 1;11ow: there curre~ltly
is an ongoing law suit in. San Luis Obispo Superior court (Case No. 14CVOlS3) : which iunong
other tl~ings is requesting injunctive relief in declwation of .Mr. Bm~eil's rights with regards to
the paricing easement. It is our belief that Mr. Bunnell will be successful in llavjilg a
deterniination by the coilrt that his rights in the parking easement arc primary and all other rights,
including that of the u~lderlying owllei.. are secoiidary.
Although it was diffic~ilt to tell, it does ilol appear that any of the parking areas associated
wjth tile independent living units a-e covered w11ich we understand is a city requirement.
We believe that any new plan with regards to the Meadow Creck Project would be
premature until all parties have come to agreement on the parlung easement issues and or the
matter has been fully adjudicated. Until that time, it would be vi~~ually impossible to have ail
accuratc coui-ri of the number of parking spaces available to the Meadow C~.cck Pro.ject.
T111ioth) 1 Car~i~ci, Eiq
fiebruai-y 12.20 15
Page 2 or2
GLICK & HAUPT LLJ'
With tile foregoing in mind, we wauid request ti~at tile matter eitlier be take11 off caieiidai.
or continued until the paricing issues I~ave been filily rzsoived.
Re~pectfully.
GLBCK & HAUPT LEQ
cc. Client (vin e-mail only)
Matthew Downing (via c-n?ai/ 0114~)
Michael Haupt, Esq. (-ilia e-mail unb,)
MICHAEL D. HAIJPT
MICHACL@,GI.ICK~:LAITPT.COM
ATTORNEYS AT LAW
1315 SANTA ROSA STREET
POST OFF~CE eox ,485
ShN LUIS 081SPO. CALiFORNiA 93406
TELEPHONE 18051 544-2450
FACSiMiiE (8051 544-3284
WWW.GLiCKHAUPT COM
ATTACHMENT 13
Via U.S. Mail & E-Mail
February 18,2015
Timothy J. Carmel, Esq.
Carmel & Naccasha 12LP
14 1 0 Marsh Street
San Luis Obispo, CA 93401
icarmel@carnaclaw.com
Re: Meadow Creek Project; Amended Conditional Use Permit 15-001
Dear Mr. Cannel:
We are pleased to advise that h4r. Bunnell and Mr. Sheppel have reached an agreement
regarding the above-referenced project, which contemplates a dismissal of Mr. Bunnell's lawsuit
within the next 90 days. Accordingly, we hereby withdraw all objections to the latest version of
the site plan currently before the Planning Commission on behalf of Mr. Bunnell and the Casa
Grande Iun, including the objections outlined in Mr. Glick's letter to you dated February 12,
2015.
Thank you for your attention to this mailer. Should you have any questions, please do
not hesitate to contact me or Mr. Glick.
cc. Client (via e-mail only)
Matthew Downing
John Belsher, Csq.
FEB 2 0 2015