PC RESO 09-06-2016RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARROYO GRANDE RECOMMENDING THE
CITY COUNCIL APPROVE THE EAST CHERRY AVENUE
SPECIFIC PLAN PROJECT (GENERAL PLAN
AMENDMENT 15-001; DEVELOPMENT CODE
AMENDMENT 15-001; SPECIFIC PLAN 15-001; VESTING
TENTATIVE TRACT MAP 15-001; CONDITIONAL USE
PERMIT 15-004; CONDITIONAL USE PERMIT 16-001) AND
CERTIFY THE ASSOCIATED ENVIRONMENTAL IMPACT
REPORT AND RELATED CEQA FINDINGS; LOCATION –
EAST CHERRY AVENUE AND TRAFFIC WAY;
APPLICANTS – SRK HOTELS, MANGANO HOMES, INC.,
AND ARROYO GRANDE VALLEY JAPANESE WELFARE
ASSOCIATION
WHEREAS, the project site consists of the area identified as the East Cherry Avenue
Specific Plan, in the Arroyo Grande General Plan; and
WHEREAS, the General Plan Land Use Element calls for a Specific Plan to guide
development within the project area that defines land uses, creates an integrated
circulation system, coordinates infrastructure, and provides development standards ;
and
WHEREAS, the City Council authorized the preparation of a Specific Plan for the project
area on July 8, 2014; and
WHEREAS, the East Cherry Avenue Specific Plan area includes three subareas,
identified as Subarea 1, 2 and 3, for which there are separate proposed development
entitlements; and
WHEREAS, the applicant has filed General Plan Amendment 15-001 to modify the City’s
General Plan land use map to accommodate updated land use designations consistent
with the proposed East Cherry Avenue Specific Plan; and
WHEREAS, the applicant has filed and application for Specific Plan 15-001 to provide a
regulatory framework to accommodate development under the East Cherry Avenue
Specific Plan, consistent with the intent of the General Plan, and prepared pursuant to
California law (Government Code §65450-65457); and
WHEREAS, the applicant has filed an application for Development Code Amendment 15-
001, the intent of which is to replace the existing zoning designations and requirements
within the Specific Plan area with those in the proposed East Cherry Avenue Specific
Plan. It would also amend the existing zoning map to be consistent with that included in
the Specific Plan; and
RESOLUTION NO.
PAGE 2
WHEREAS, the applicant for Subarea 2 has filed an application for Vesting Tentative
Tract Map VTTM 15-001 (Tentative Map), to accommodate a 60-lot subdivision with a
total of 58 residential lots and supporting park, drainage and other infrastructure within
that subarea. The Tentative Map includes development details that go well beyond
those included in the Specific Plan, including lot loca tions, roadways, drainage, grading,
and other information typically required for Tentative Tract Maps. The Tentative Map is
intended to be consistent with the proposed East Cherry Avenue Specific Plan, and
implements the VR zoning standards as well as the Design Guidelines contained in the
Specific Plan. The Map also includes details regarding proposed circulation
improvements. Conditions of Approval for the Tentative Map are attached to this
Resolution; and
WHEREAS, the applicant for Subarea 3 has filed an application for Conditional Use
Permit CUP 15-004, to authorize development within that subarea, including limited
commercial retail (farm stand), passive recreation (historic walking paths and gardens),
limited residential (independent senior housing consisting of approximately 10 units),
public and quasi-public community facilities (cultural archive and community center),
visitor-serving (B&B guest house), and public assembly (heritage and demonstration
gardens) uses, as well as related support ameni ties (e.g., onsite parking). Conditions of
Approval are attached to this Resolution; and
WHEREAS, the applicant for Subarea 1 has filed an application for Conditional Use
Permit CUP 16-001, to authorize development within that subarea, which includes a 90-
100 room hotel and restaurant (up to 4,000 square feet). Conditions of Approval are
attached to this Resolution; and
WHEREAS, there has been extensive public outreach from January 2015 through August
2016 that was critical to inform the design of the proposed East Cherry Avenue Specific
Plan and related development entitlements; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
Grande Rules and Procedures for Implementation of CEQA and has reviewed the Final
Environmental Impact report (Final EIR), which addresses all entitlements previously
described; and
WHEREAS, the City Council has previously reviewed mitigation requirements related to
potentially significant policy-related Agricultural impacts within Subarea 2 and 3, and
determined that such impacts will be adequately mitigated based upon the proposed
agricultural conservation easement, well site and water rights, and pedestrian path
offered for dedication, pursuant to direction provided on July 28, 2015 (in the case of
Subarea 2), and July 26, 2016 (in the case of Subarea 3); and
WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project
at a duly noticed public hearing on September 6, 2016 and took action to recommend the
City Council approve the project; and
RESOLUTION NO.
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WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
A. General Plan Amendment Findings:
1. The proposed General Plan Amendment is consistent with the goals,
objectives, policies and programs of the General Plan and will not result in
any internal inconsistencies within the plan.
The proposed General Plan Amendment is consistent with the goals,
objectives, policies, and programs of the General Plan as it would
allow housing, commercial uses and historic/cultural development
within the Specific Plan area at a density and design that is compatible
with the nearby residential neighborhood and other surrounding land
uses.
2. The proposed amendment will not adversely affect the public health, safety
and welfare;
The proposed General Plan Amendment would allow development
under a Specific Plan that, as conditioned, would not create issues
with open space and support facilities.
3. The potential environmental impacts of the proposed amendment are
insignificant or can be mitigated to an insignificant level, or there are
overriding considerations that outweigh the potential impacts;
The proposed General Plan Amendment and related project
entitlements have been reviewed in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and
the Arroyo Grande Rules and Procedures for implementation of CEQA
and the impacts of the proposed project have been included in a Final
Environmental Impact Report (EIR) dated July 2016 (State
Clearinghouse Number 2015101067), such that most impacts have
been reduced to an insignificant level through required mitigation
measures.
As identified in the Final EIR and CEQA Findings, the following
adverse impacts of the proposed project are considered significant
and unavoidable (not fully mitigable):
A. Project-Level Impacts
Impact AQ-2: The proposed Project would result in significant
long-term operation-related air quality impacts generated by
area, energy, and mobile emissions.
RESOLUTION NO.
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Impact AQ-5: The proposed Project is potentially inconsistent
with the County of San Luis Obispo APCD’s 2001 Clean Air
Plan.
Impact TRANS-3: Project generated traffic would potentially
cause delays at the East Grand Avenue/West Branch Street
intersection which operates at unacceptable LOS F to increase
by more than 5 seconds in excess of City standards in both
the AM and PM peak hours, causing a significant impact.
There are no feasible funded or scheduled mitigation
measures available to reduce this impact to a less than
significant level consistent with the requirements of City
General Plan Policy CT2-1, which requires improvement to
LOS D.
B. Cumulative Impacts
Air Quality and Greenhouse Gas Emissions: Long-term
operation of the proposed Project would contribute
cumulatively and considerably to localized air quality
emissions throughout the City and region.
Transportation and Traffic: Under cumulative conditions,
significant LOS impacts would continue to occur at the
intersection of East Grand Avenue/West Branch Street, which
cannot be readily mitigated in a known timeframe because of
lack of funding and programming.
A Statement of Overriding Considerations with respect to the
proposed Project's significant unavoidable impacts has been
prepared pursuant to Section 15093 of the CEQA Guidelines requires
that a decision-making agency balance the economic, legal, social,
technological, or other benefits of a proposed Project against its
unavoidable impacts. This is included as part of the CEQA Findings
for the proposed project.
B. Specific Plan Findings:
1. The proposed East Cherry Avenue Specific Plan is consistent with the
goals, objectives, policies and programs of the General Plan.
The proposed Specific Plan would provide a regulatory framework to
accommodate development under the related Vesting Map and
Conditional Use Permits for the three subareas within the Specific
Plan area, consistent with the intent of the General Plan, and prepared
pursuant to California law (Government Code §65450-65457).
RESOLUTION NO.
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2. The proposed Specific Plan will not adversely affect the public health, safety
and welfare or result in an illogical land use pattern;
The proposed Specific Plan would permit housing, commercial uses
and historic/cultural development within its boundaries at a density
and design that is compatible with the nearby residential
neighborhood and other surrounding land uses.
3. The proposed Specific Plan is necessary and desirable in order to
implement the provisions of the General Plan;
The proposed Specific Plan will implement the provisions of the
General Plan as amended.
4. The development standards contained in the proposed Specific Plan will
result in a superior development to that which would occur using standard
zoning and development regulations.
The development standards contained in the proposed Specific Plan
would result in development with coordinated roadway and utility
infrastructure, as well as sufficient parking for all proposed
development.
5. The potential environmental impacts of the proposed Specific Plan are
insignificant or can be mitigated to an insignificant level, or there are
overriding considerations that outweigh the potential impacts;
The proposed Specific Plan and related entitlements have been
reviewed in compliance with the California Environmental Quality Act
(CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and
Procedures for implementation of CEQA and the impacts of the
proposed project have been included in a Final Environmental Impact
Report (EIR) dated July 2016 (State Clearinghouse Number
2015101067). Details with respect to potential impacts and CEQA
Findings are described under Section A.3., above, pertaining to the
General Plan Amendment for all related entitlements.
C. Development Code Amendment Findings:
1. The proposed Development Code Amendment is consistent with the goals,
objectives, policies and programs of the General Plan and related Specific
Plan.
The proposed Development Code Amendment would replace the
existing zoning requirements within the Specific Plan area with those
in the East Cherry Avenue Specific Plan, as described above. It would
also amend the existing zoning map to be consistent with the
designations shown above. Because it would be inherently consistent
with the Specific Plan, and the Specific Plan would be consistent with
RESOLUTION NO.
PAGE 6
the General Plan, it would also be consistent with the General Plan.
2. The potential environmental impacts of the Development Code Amendment
are insignificant or can be mitigated to an insignificant level, or there are
overriding considerations that outweigh the potential impacts;
Details with respect to potential impacts and CEQA Findings are
described under Section A.3., above, pertaining to the General Plan
Amendment for all related entitlements.
D. Vesting Tentative Tract Map VTTM 15-001 (Subarea 2) Findings:
1. The proposed tentative tract map is consistent with the goals, objectives,
policies, plans, programs, intent and requirements of the Arroyo Grande
General Plan, as well as any applicable specific plan, and the requirements
of this title.
The proposed Vesting Tentative Tract Map would allow the
subdivision of 11.12 acres into sixty (60) lots, including fifty-eight (58)
for the development of single-family detached housing that is
consistent with the General Plan.
2. The site is physically suitable for the type of development proposed.
The site is 11.12 acres of vacant land adjacent to existing residential
development, and is physically suitable for the type of residential
development proposed.
3. The site is physically suitable for the proposed density of development.
The site is 11.12 acres of vacant land adjacent to existing residential
development, and is physically suitable for the density of residential
development proposed.
4. The design of the tentative tract map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
The proposed tract map has been reviewed in compliance with the
California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Rules and Procedures for
implementation of CEQA and the impacts of the proposed project
have been included in a Final Environmental Impact Report (EIR)
dated July 2016 (State Clearinghouse Number 2015101067). Details
with respect to potential impacts and CEQA Findings are described
under Section A.3., above, pertaining to the General Plan Amendment
for all related entitlements.
RESOLUTION NO.
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5. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the subdivision would result in a development of
appropriate density, consistent with the density of adjacent
residential uses, and would include all necessary infrastructure,
roadways improvements, and parking.
6. The design of the tentative tract map or the type of improvements will not
conflict with easements acquired by the public-at-large for access through,
or use of, property within the proposed tentative tract map or the alternate
easements for access or for use will be provided, and that these alternative
easements will be substantially equivalent to ones previously acquired by
the public.
There are no easements for the public-at-large currently on the
subject property. Appropriate utility infrastructure easements and
emergency access will be provided and recorded to ensure adequate
access is maintained for required utility services and emergency
response purposes.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will not result in violation of existing requirements
as prescribed in Division 7 (commencing with Section 13000) of the
California Water Code.
The proposed development will retain the 95th percentile of water
discharge on site and excess discharge will be directed to a new
drainage basin on site, which is set aside as one of the proposed
lots within the subdivision. No discharge of waste will result in a
violation identified in Division 7 of the California Water Code.
8. Adequate public services and facilities exist or will be provided as the result
of the proposed tentative tract map to support project development.
There are adequate provisions for public services to serve the
project development and no deficiencies exist.
E. Conditional Use Permit 15-004 (Subarea 3) Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan, and
the development policies and standards of the City.
The proposed development on the subject property is consistent with
the General Plan as amended, and with the Specific Plan. It is
RESOLUTION NO.
PAGE 8
envisioned as a private historically-oriented park, featuring several
gardens, landscaping, pathways, and related buildings.
The proposed Arroyo Grande Valley JWA land use plan for Subarea
3, the eastern 1.51 acres of the Specific Plan area identifies a private
historically-oriented park that would highlight the Issei pioneers
(first generation settlers) of Arroyo Grande. Proposed land uses
would include historical residential and public assembly uses, and
would provide expanded commercial use and residential density
necessary for present and future economic sustainability of the
property. Specifically, Subarea 3 would include limited commercial
retail (farm stand), passive recreation (historic walking paths and
gardens), limited residential (independent senior housing consisting
of approximately 10 units), public and quasi-public community
facilities (cultural archive and community center), visitor-serving
(B&B guest house), and public assembly (heritage and
demonstration gardens) uses, as well as related support amenities
(e.g., onsite parking).
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located.
The proposed land use plan for Subarea 3, the eastern 2.01 acres of
the Specific Plan area, identifies a private historically-oriented park
that would highlight the Issei pioneers (first generation settlers) of
Arroyo Grande. Proposed land uses would include historical
residential and public assembly uses, and would prov ide expanded
commercial use and residential density necessary for present and
future economic sustainability of the property. Specifically, Subarea
3 would include limited commercial retail (farm stand), passive
recreation (historic walking paths and gardens), limited residential
(independent senior housing consisting of approximately 10 units),
public and quasi-public community facilities (cultural archive and
community center), visitor-serving (B&B guest house), and public
assembly (heritage and demonstration gardens) uses, as well as
related support amenities (e.g., onsite parking). This development is
intended to promote the reflect the historic character of the site.
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is will be developed with a use and density that reflects the
historic character and use of the site.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
RESOLUTION NO.
PAGE 9
The provisions for water, sanitation, and public utilities were
examined during development of the Final EIR for the project, and it
was determined that adequate public services will be available for the
proposed project and will not result in substantially adverse impacts.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the vicinity.
The proposed development includes parking and other infrastructure
adequate to ensure public health and safety for those using the site.
F. Conditional Use Permit 16-001 (Subarea 1) Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan, and
the development policies and standards of the City.
The proposed development for commercial uses, including a hotel
and restaurant, on the subject property is consistent with the General
Plan as amended, and with the East Cherry Avenue Specific Plan.
Subarea 1 is currently zoned Traffic Way Mixed Use (TMU) with a
Design Overlay (D-2.11). The primary purpose of the D-2.11 Design
Overlay is to encourage the use of design elements to enhance the
character and appearance of this southern commercial gateway to
Arroyo Grande. Changes to the current TMU zone within the Specific
Plan area are proposed in order to be more consistent with the design
concept set forth by the applicant, and concurred by the Architectural
Review Committee (ARC).
2. The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
Changes to the current TMU zone within the Specific Plan area are
proposed in order to be more consistent with the design concept set
forth by the applicant, and concurred by the Architectural Review
Committee (ARC).
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is intended to be developed with commercial uses that extend
and enhance the character of commercial development along Traffic
Way.
RESOLUTION NO.
PAGE 10
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The provisions for water, sanitation, and public utilities were
examined during development of the Final EIR for the project, and it
was determined that adequate public services will be available for the
proposed project and will not result in substantially adverse impacts.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the vicinity.
The proposed development includes parking and other infrastructure
adequate to ensure public health and safety for those using the site.
G. Required CEQA Findings:
1. The City of Arroyo Grande has prepared an Initial Study pursuant to Section
15063 of the Guidelines of the California Environmental Quality Act
(CEQA), for General Plan Amendment 15-001, Specific Plan 15-001,
Development Code Amendment 15-001, Vesting Tentative Tract Map 15-
001, Conditional Use Permit 15-004 and Conditional Use Permit 16-001.
2. Based on the Initial Study, an Environmental Impact Report (EIR) was
prepared for public review. A copy of the Final EIR and related materials is
located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and
considering the record as a whole, the Planning Commission recommends
the City Council take action certifying the Final EIR and related CEQA
Findings, included as Exhibit D, as well as the Mitigation Monitoring and
Reporting Program, included as Exhibit E, for all actions pursuant to the
General Plan Amendment, Specific Plan, Development Code Amendment,
and related entitlements.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council certify the Final EIR, adopt the
Mitigation Monitoring and Reporting Program and approve General Plan Amendment 15-
001, Specific Plan 15-001, Development Code Amendment 15-001, Vesting Tentative
Tract Map 15-001, Conditional Use Permit 15-004 and Conditional Use Permit 16-001,
based on the findings set forth above, which are incorporated herein by this reference.
RESOLUTION NO.
PAGE 11
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 6th day of September, 2016.
RESOLUTION NO.
PAGE 12
___________________________
LAN GEORGE, CHAIR
ATTEST:
___________________________
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
RESOLUTION NO.
PAGE 13
EXHIBIT A
CONDITIONS OF APPROVAL FOR SUBAREA 1
CONDITIONAL USE PERMIT 16-001
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes development per the East Cherry Avenue Specific Plan
(Specific Plan 15-001, General Plan Amendment 15-001, Development Code
Amendment 15-001, or “Specific Plan”), which covers the following entitlements in
the three subareas included in the Specific Plan area:
Subarea 1: Conditional Use Permit 16-001. This includes a 100-room hotel
and 4,000 SF restaurant on 2.16 acres, owned by SRK Hotels.
Subarea 2: Vesting Tentative Tract Map 15-001 (VTTM 3081). This includes
up to 58 residential dwelling units and related amenities on 11.62 acres (less
0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, owned by
Mangano Homes, Inc.
Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden
and related amenities on a property owned by the Arroyo Grande Japanese
Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be
transferred from Subarea 2.
The following conditions and mitigation measures apply to Subarea 1 only.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval and applicable mitigation
measures included in the E. Cherry Avenue Specific Plan Environmental Impact
Report as certified. These are included as conditions 109 through 143.
4. This application shall automatically expire on [September 27, 2018] unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant
may apply for an extension of one (1) year from the original date of expiration.
5. Development shall conform to the land use and zoning requirements described
within the Specific Plan as approved on [September 27, 2016].
6. Development shall occur in substantial conformance with the plans presented to the
City Council at the meeting of [September 27, 2016], on file in the Community
Development Department.
RESOLUTION NO.
PAGE 14
7. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his/her obligations under this condition.
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
9. At the time of application for construction permits, plans submitted shall show all
development consistent with the approved site plan, floor plan, architectural
elevations and landscape plan.
10. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code. Prior to issuance of a building permit, all illegal signs shall be removed.
11. Development shall comply with Development Code Sections 16.48.070, “Fences,
Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening
Requirements”.
12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development
plans including those specifically modified by the East Cherry Avenue Specific Plan
or these conditions.
13. The developer shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”.
14. Trash enclosures shall be screened from public view with landscaping or other
appropriate screening materials, and shall be made of an exterior finish that
complements the architectural features of the main building(s). The trash enclosure
area shall be designed to provide adequate space for collecting and storing solid
waste and recyclable materials, including mixed recycling, separated cardboard and
food waste/organics (when appropriate). All solid waste and recycling area
enclosures that are not located inside a building shall have roofs to prevent
contaminants from washing into the storm drain system. The roof shall extend past
any open sides. Additionally, the roof shall not overhang the front gate so that the
garbage trucks can access the bins.
15. Final design and location of the trash enclosure(s) shall be reviewed by the
Architectural Review Committee and approved by the Community Development
Director.
RESOLUTION NO.
PAGE 15
16. The applicant shall obtain and submit to the City written approval from South County
Sanitary for all proposed trash receptacle pick up locations.
17. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code, augmented by
requirements included in mitigation measure NOI-1a. Construction activities shall be
restricted to the hours of 7 AM and 7 PM Monday through Friday. No construction
shall occur on Saturday or Sunday.
18. At the time of application for construction permits, the applicant shall provide details
on any proposed exterior lighting, if applicable. The lighting plan shall include the
height, location, and intensity of all exterior lighting consistent with Section 16.48.090
of the Development Code. All lighting fixtures shall be shielded so that neither the
lamp nor the related reflector interior surface is visible from adjacent properties. All
lighting for the site shall be downward directed and shall not create spill or glare to
adjacent properties. All lighting shall be energy efficient (e.g. LED).
19. All new construction shall utilize fixtures and designs that minimize water and energy
usage. Such fixtures shall include, but are not limited to, low flow showerheads,
water saving toilets, greywater reuse systems, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed prior
to final occupancy.
20. Landscaping in accordance with an approved landscaping plan shall be installed or
bonded for before final building inspection/establishment of use. The landscape
plan, irrigation plan and landscape documentation package shall be prepared by a
licensed landscape architect subject to review and approval by the Community
Development and Public Works Departments prior to issuance of building permit.
The landscape plan shall be in conformance with Development Code Chapter 16.84
(Water Efficient Landscape Requirements) and the State Department of Water
Resource’s Model Water Efficient Landscape Ordinance and shall include the
following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
i. Deep root planters shall be included in areas where trees are within five
feet (5’) of asphalt or concrete surfaces and curbs;
ii. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants.
RESOLUTION NO.
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iii. An automated irrigation system using smart controller (weather based)
technology.
iv. A dedicated landscape meter for the commercial landscape areas
greater than 1,000 square feet and for residential areas greater than
5,000 square feet.
v. A landscape meter shall be installed on the existing water well, to
remain, and service Subarea 3 only.
vi. The selection of groundcover plant species shall include native plants.
vii. Linear planters shall be provided in parking areas.
viii. No more than 25% of the total landscaped area can be turf in residential
areas; turf is not allowed in commercial areas.
21. For projects approved with specific exterior building colors, the developer shall paint
a test patch on the building including all colors. The remainder of the building may
not be painted until inspected by the Community Development Department to verify
that colors are consistent with the approved color board. A 48-hour notice is
required for this inspection.
22. All new electrical panel boxes shall be installed inside the building(s).
23. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent
to a fire access roadway, away from the public right-of-way, incorporated into the
design of the site, and screened to the maximum extent feasible.
24. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
25. All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from public
view with materials architecturally compatible with the main structure. It is especially
important that gas and electric meters, electric transformers, and large water piping
systems be completely screened from public view. All roof-mounted equipment
which generates noise, solid particles, odors, etc., shall cause the objectionable
material to be directed away from residential properties.
26. All conditions of this approval run with the land and shall be strictly adhered to, within
the time frames specified, and in an on-going manner for the life of the project.
Failure to comply with these conditions of approval may result in an immediate
enforcement action. If it is determined that violation(s) of these conditions of
approval have occurred, or are occurring, this approval may be revoked pursuant to
Development Code Section 16.08.100.
RESOLUTION NO.
PAGE 17
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
BUILDING CODES
27. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
FIRE LANES
28. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
29. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
30. Project shall have a fire flow of 1500 gallons per minute for a duration of two (2)
hours.
31. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
SECURITY KEY BOX
32. The applicant must provide an approved "security key vault," per Building and Fire
Department guidelines and per the California Fire Code.
FIRE SPRINKLER
33. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code.
34. Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards.
ABANDONMENT / NON-CONFORMING
35. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
RESOLUTION NO.
PAGE 18
ENGINEERING DIVISION CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE
PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
36. The Applicant shall develop, implement and provide the City a:
a. Stormwater Control Plan that clearly provides engineering analysis of all
Water Quality Treatment, Runoff Retention, and Peak Flow Management
controls.
b. Operations and Maintenance Plan and Maintenance Agreements that
clearly establish responsibility for all Water Quality Treatment, Runoff
Retention, and Peak Flow Management controls.
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls have been
maintained and are functioning as designed.
d. All reports must be completed by either a Registered Civil Engineer or
Qualified Stormwater Pollution Prevention Plan Developer (QSD).
37. Prior to any Permit – Stormwater Control Plan. The Stormwater Control Plan
must include, at minimum:
Contents:
a. Project information including project name; application number; location;
parcel numbers; applicant contact information; land use information; site
area; existing, new, and replaced impervious area, and applicable PCR
requirements and exceptions.
b. Narrative analysis or description of site features and conditions, and
opportunities and constraints for stormwater control.
c. Narrative description of site design characteristics that protect natural
resources including endangered species habitat, protected vegetation, and
archaeological resources, and preserve natural drainage features, minimize
imperviousness, and disperse runoff from impervious areas.
d. Tabulation of proposed pervious and impervious DMAs, showing self-
treating areas, self-retaining areas, areas draining to self-retaining areas,
and areas tributary to each LID facility.
e. Proposed sizes, including supporting calculations, for each LID facility.
f. Narrative description of each DMA and explanation of how runoff is routed
from each impervious DMA to a self-retaining DMA or LID facility.
g. Description of site activities and potential sources of pollutants.
h. Table of pollutant sources identified from the list in Appendix A and for each
source, the source control measure(s) used to reduce pollutants to the
maximum extent practicable.
i. Description of signage for bioretention facilities.
j. General maintenance requirements for bioretention facilities and site design
features.
RESOLUTION NO.
PAGE 19
k. Means by which facility maintenance will be financed and implemented in
perpetuity.
l. Statement accepting responsibility for interim operation & maintenance of
facilities.
Exhibits:
a. Existing natural hydrologic features (depressions, watercourses, relatively
undisturbed areas) and significant natural resources.
b. Proposed design features and surface treatments used to minimize
imperviousness and reduce runoff.
c. Existing and proposed site drainage network and connections to drainage
off-site.
d. Entire site divided into separate Drainage Management Areas (DMAs).
Each DMA has a unique identifier and is characterized as self-retaining
(zero-discharge), self-treating, or draining to a LID facility.
e. Proposed locations and footprints of LID facilities.
f. Potential pollutant source areas, including loading docks, food service
areas, refuse areas, outdoor processes and storage, vehicle cleaning,
repair or maintenance, fuel dispensing, equipment washing, etc.
38. Prior to Final Approval - Operations and Maintenance Plan. The Operations and
Maintenance Plan must include, at minimum:
a. Stormwater Control Measures report number
b. A site map identifying all Stormwater Control Measures requiring
Operations and Maintenance practices to function as designed.
c. Operations and Maintenance Procedures for each structural stormwater
control measure including, but not limited to, Low Impact Design facilities,
retention and detention basins, and manufactured or propriety devices
operations and maintenance.
d. Short-and long-term maintenance requirements, recommended frequency
of maintenance, and estimated cost for maintenance.
39. Prior to Occupancy - Maintenance Agreement. The Applicant shall provide a
signed statement accepting responsibility for the Operations and Maintenance of the
installed Storm Water Control Measures. The Applicant shall include written
conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally
enforceable mechanism that require the assumed responsibility for the Operations
and Maintenance of Stormwater Control Facilities. Additionally, the signed
statement shall include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion dates of the following milestones
i. Construction
ii. Field verification of Stormwater Control Facilities
iii. Final Project approval/occupancy
d. Party responsible for O&M
RESOLUTION NO.
PAGE 20
e. Source of funding for O&M
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
40. Annual - Maintenance Notification. The Owner/Applicant shall submit annually no
later than [DATE] a signed statement notifying the City of all maintenance of the
installed Storm Water Control Measures. In addition, the signed statement shall
include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion date of the maintenance activities
d. Party responsible for O&M
e. Source of funding for O&M
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
GENERAL CONDITIONS
41. The developer shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall no t be permitted. The
cleaning shall be done after each day’s work or as directed by the Director of
Public Works, the Community Development Director or his/her representative.
42. Perform construction activities related to inspection during normal business hours
(Monday through Friday, 7 A.M. to 5 P.M.). The developer or contractor shall refrain
from performing any work subject to inspection other than site maintenance outside
of these hours, unless an emergency arises or approved by the Community
Development Director. The City may hold the developer or contractor responsible
for any expenses incurred by the City due to work outside of these hours.
43. All project improvements shall be designed and constructed in accordance with
the most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
44. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director. One (1) set of paper prints and an
electronic version on CD in both AutoCAD and PDF format shall be required.
45. Submit three (3) full-size paper copies and one PDF file of approved improvement
plans for inspection purposes during construction.
RESOLUTION NO.
PAGE 21
46. Record Drawings (“as-built” plans) are required to be submitted prior to r elease of
the Faithful Performance Bond.
47. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie -out survey
monuments or vertical control bench marks within 24 inches of work. Should any
existing survey monument be disturbed or destroyed du ring construction, it must
be reset at the previous location. Should any existing bench mark be disturbed or
destroyed during construction, a new one must be set at a nearby, but different,
location than the existing, as determined by the City Engineer. For monuments, a
Corner Record must be filed with the County and a copy delivered to the City
Engineer. For bench marks, documentation of the bench mark and how it was
reset must be delivered to the City Engineer prior the project acceptance or sign
off of the Encroachment Permit.
48. Provide new vertical control survey bench mark, per City Standard, as directed by
City Engineer.
IMPROVEMENT PLANS
49. Improvement plans (including the following) shall be prepared by a registered Civil
Engineer or qualified specialist licensed in the State of California in compliance with
Engineering Standard 1010 and approved by the Public Works or Community
Development Department:
a. Grading
b. Retaining Walls
c. Roadway Improvements
d. Cross Sections
e. Storm Drainage
f. Utilities - Water and Sewer Plan and Profile
g. Utilities – Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right-of-Way
k. Details
l. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
m. Engineers estimate for construction cost based on County of San Luis
Obispo unit cost.
50. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
51. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards.
RESOLUTION NO.
PAGE 22
52. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
53. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way.
STREET IMPROVEMENTS
54. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to a slurry seal.
55. All street repairs shall be constructed to City standards.
56. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City.
57. Street (Road A) shall be constructed as a partial width street to accommodate future
widening by other property owners in accordance with Section 16.68.020 of the
Development Code. Subarea 2 shall construct a one half street section, plus a 12
foot wide driving lane. Subarea 1 to complete remainder improvements.
58. Street structural sections shall be determined by an R-Value soil test, but shall not
be less than 3” of asphalt and 6” of Class II AB.
59. If intended to be public streets, Public Local Streets (Roads B, C and D) must be
designed in compliance with Engineering Standards 7010 and shall adhere to the
following design standards:
a. 40 feet street width from curb to curb.
b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides
of the street.
c. 52 feet wide right-of-way.
d. 25 mile per hour design speed.
e. TI = 6.5
60. Frontage improvements on East Cherry Avenue shall include 46-foot widening
measured from curb to curb, providing three (3) 12-foot wide travel lanes and two (2)
5-foot wide bike lanes. Road widening transitions must be completed to the
satisfaction of the City Engineer.
RESOLUTION NO.
PAGE 23
CURB, GUTTER, AND SIDEWALK
61. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
62. Color any such new facilities as directed by the Community Development Director.
63. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
64. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
65. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach
shall be repaired or replaced to the satisfaction of the Public Works Director
DEDICATIONS AND EASEMENTS
66. The property owner shall offer for dedication to the public the right-of-way for the
following streets:
Road A
East Cherry Avenue
67. A private/public water main easement shall be reserved along the property
boundary to the east, south and west.
68. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to street right-of-way adjacent to East Cherry Avenue and Road A. The
PUE shall be wider where necessary for the installation or maintenance of th e
public utility vaults, pads, or similar facilities.
69. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right-of-ways on East Cherry Avenue and Road A. Street tree easements
shall be a minimum of 10 feet beyond the right-of-way, except that street tree
easements shall exclude the area covered by public utility easements.
70. The primary driveway shall be relocated from Traffic Way to East Cherry Avenue,
and the existing eastbound exclusive left turn lane to the 5 Citie s Swim School
parking lot shall be converted to a two-way left turn lane terminating at Road “A”
(which is the project internal road separating Subareas 1 and 2). Improvement
plans for widening East Cherry Ave. necessary to provide Class II bike lanes in
each direction, curb, gutter and sidewalk, and restriping along the frontage of
Subarea 1 and showing the precise location of the driveway to Subarea 1 shall be
submitted to the City for review and approval prior to construction.
RESOLUTION NO.
PAGE 24
71. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard
forms, and shall include legal descriptions, sketches, closure calculations, and a
current preliminary title report. The applicant shall be responsible for all required
fees, including any additional required City processing.
GRADING AND DRAINAGE
72. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2)
copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention
Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San
Luis Obispo Regional Water Quality Control Board (RWCB) requirements.
73. All grading shall be performed in accordance with the City Standard Specifications
and Engineering Standards and City Grading Ordinance.
74. All drainage facilities shall be designed to accommodate a 100-year storm flow.
75. Submit a soils report for the project shall be prepared by a registered Civil Engineer
and supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
76. The applicant shall dedicate a pedestrian access easement(s) for any ADA sidewalk
extension.
77. Infiltration basins shall be designed based on soil tests. Infiltration test shall include
a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or
tests may be required if the analysis or soil conditions are inconclusive.
78. The applicant shall submit an engineering study regarding flooding related to the
project site. The study shall be approved by the City Engineer. Any portions of the
site subject to flooding from a 100-year storm shall be shown on the tentative map or
other recorded document, and shall be noted as a building restriction.
79. The applicant shall provide on-site storm water retardation facilities designed and
constructed to Public Works and Community Development requirements, and the
following:
a. The 100-year basin outflow shall not exceed the pre-development flow.
b. The 100-year basin outflow shall be limited to a level which does not
cause the capacity of existing downstream drainage facilities to be
exceeded.
c. The basin shall be fully constructed and functional prior to occupancy for
any building permit within the project.
RESOLUTION NO.
PAGE 25
d. The basin shall be maintained by a homeowner’s association. The City
shall approve the related language in the association CC&R’s prior to
recordation.
e. The maintenance district shall be recorded concurrently with the map.
WATER
80. Whenever possible, all water mains shall be looped to prevent dead ends. The
Public Works Director must grant permission to dead end water mains.
81. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
82. A Reduced Pressure Principle (RPP) backflow device is required on all water lines
to structures and landscape irrigation.
83. A Double Detector Check (DDC) backflow device is required on the water service
line to each structure. Fire Department Connections (FDC) must be remote and
locations to be approved by the Building Official and Fire Chief.
84. The DDC shall be placed inside the building or adjacent to the building. Other
locations for the DDC shall be approved by the Director or Community
Development.
85. Each parcel shall have separate water meters.
86. Non-potable water for construction purposes is available at the Soto Sports
Complex. The City of Arroyo Grande does not allow the use of hydrant meters.
87. Fire sprinklers shall have individual service connections. If the units are to be fire
sprinkled, a fire sprinkler engineer shall determine the size of the water meters.
88. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
SEWER
89. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8”.
90. All sewer laterals within the public right-of-way must have a minimum slope of 2%.
91. Existing sewer laterals to be abandoned shall be properly abandoned and capped at
the main per the requirements of the Public Works Director.
RESOLUTION NO.
PAGE 26
92. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for
the appropriate use, minimum 4”.
93. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
94. Obtain approval from the South County Sanitation District for the development’s
impact to District facilities prior to permit issuance.
95. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
96. The applicant must obtain a will-serve letter from the South San Luis Obispo County
Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite
wastewater collection system to serve the project.
PUBLIC UTILITIES
97. The developer shall comply with Development Code Section 16.68.050: All projects
that involve the addition of over 100 square feet of habitable space shall be required
to place service connections underground - existing and proposed utilities.
98. Prior to approving any building permit within the project for occupancy, all conditions
of approval for project must be satisfied.
99. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to the
City Engineer for approval.
100. On streets 40’ or less in width, street lights shall be placed at least 200’ – 250’ apart,
or potentially less frequently to minimize impacts on the existing dark night sky
views, if it can be found that sufficient public safety is maintained. On streets greater
than 40’ in width, a street lighting plan shall be designed and submitted to the
Community Development Director for approval. Consideration shall be given to
minimizing impacts to views of the existing dark night sky, consistent with Mitigation
Measure VIS-4a as included in these conditions and the East Cherry Avenue
Specific Plan.
101. Applicant shall fund outsourced plan and map check services, as required.
PUBLIC SAFETY
102. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
RESOLUTION NO.
PAGE 27
103. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
104. Prior to issuance of a certificate of occupancy, Subarea 1 shall install a burglary
or robbery alarm system per Police Department guidelines, and pay the Police
Department alarm permit application fee of ($94.00). Annual renewal fee is $31.00.
FEES AND BONDS
The applicant shall pay all applicable City fees, including the following:
105. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a.___ Plan check for grading plans.
(Based on an approved earthwork estimate)
b.___ Plan check for improvement plans.
(Based on an approved construction cost estimate)
c.___ Permit Fee for grading plans.
(Based on an approved earthwork estimate)
d.___ Inspection Fee of subdivision or public works construction plans.
(Based on an approved construction cost estimate)
e.___ Plan Review Fee
(Based on the current Building Division fee schedule)
106. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a.___ Water Neutralization fee, to be based on codes and rates in effect
at the time of building permit issuance, involving water connection or
enlargement of an existing connection.
b.___ Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.04.030.
c.___ Water Meter charge to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22.
d.___ Water Availability charge, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with - (not
correct).
e.___ Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
Res. 3021.
f.___ Traffic Signalization fee, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with Ord. 346
C.S., Res. 1955.
RESOLUTION NO.
PAGE 28
g.___ Sewer Connection fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.12.190.
h.___ South San Luis Obispo County Sanitation District Connection
fee in accordance with Municipal Code Section 13.12.180.
i.___ Drainage fee, as required by the area drainage plan for the area
being developed.
j.___ Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
effect at the time of building permit issuance in accordance with Ord.
313 C.S.
k.___ Construction Tax, the applicant shall pay a construction tax pursuant
to Section 3-3.501 of the Arroyo Grande Municipal Code.
l.___ Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
m.___ Strong Motion Instrumentation Program (SMIP) Fee, to be based
on codes and rates in effect at the time of development in accordance
with State mandate.
n.___ Building Permit Fee, to be based on codes and rates in effect at the
time of development in accordance with Title 8 of the Municipal Code.
107. Prior to issuance of a certificate of occupancy, the applicant shall install a
burglary [or robbery] alarm system per Police Department guidelines, and pay the
Police Department alarm permit application fee of ($30.00).
EIR MITIGATION MEASURES
108. MM VIS-1a. The Architectural Review Committee shall review Project design and
consider impacts to the scenic resources available on or adjacent to the Project
site, with particular consideration to the Santa Lucia Mountains. This includes the
review of building siting, height, massing, design, and setbacks. The Architectural
Review Committee shall determine whether structures obs truct important views of
scenic resources, and/or propose design alterations to reduce impacts to
important views of scenic resources.
109. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall
consider the minimization of the number streetlights along East Cherry Avenue to
reduce lighting effects upon the visual quality nighttime sky. However, the
Architectural Review Committee shall allow adequate streetlights and security
lighting for public safety.
110. MM AQ-1a. The following standard air quality mitigation measures shall be
implemented during construction activities at the Project site:
RESOLUTION NO.
PAGE 29
Reduce the amount of disturbed area where possible;
Water trucks or sprinkler trucks shall be used during construction to
keep all areas of vehicle movement damp enough to prevent dust from
leaving the site. At a minimum, this would require twice-daily
applications. All dirt stock pile areas should be sprayed daily as
needed. Increased watering frequency would be required when wind
speeds exceed 15 miles per hour (mph). Reclaimed water (non -
potable) shall be used when possible;
All dirt stock pile areas should be sprayed daily as needed;
Permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading shall be sown with a fast
germinating native grass seed and watered until vegetation is
established;
All disturbed soil areas not subject to revegetation shall be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD;
All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders are
used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or shall maintain at least two feet of freeboard in accordance
with California Vehicle Code Section 23114;
Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment leaving the site;
Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible;
All of these fugitive dust mitigation measures shall be shown on grading
and building plans; and
RESOLUTION NO.
PAGE 30
111. The contractor or builder should designate a person or persons to monitor the
fugitive dust control emissions and enhance the implementation of the measures
as necessary to minimize dust complaints, reduce visible emissions below 20%
opacity, and to prevent transport of dust offsite. Their duties shall include holiday
and weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD Compliance
Division prior to the start of any grading, earthwork or demolition.
112. MM AQ-1B. The following standard air quality mitigation measures for
construction equipment shall be implemented during construction activities at the
project site:
Maintain all construction equipment in proper tune according to
manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment with CARB-
certified motor vehicle diesel fuel (non -taxed version suitable for use
off-road).
Use diesel construction equipment meeting ARB’s Tier 2 certified
engines or cleaner off -road heavy-duty diesel engines, and comply with
the State off-Road Regulation;
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner
certification standard for on-road heavy-duty diesel engines and comply
with the State On-Road Regulation;
Construction or trucking companies with fleets that do not have engines
in their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOx exempt area fleets) may be eligible by
proving alternative compliance;
On- and off-road diesel equipment shall not be allowed to idle for more
than five minutes. Signs shall be posted in the designated queuing
areas to remind drivers and operators of the five -minute idling limit;
Diesel idling within 1,000 feet of sensitive receptors in not permitted;
Staging and queing areas shall not be loated within 1,000 feet of
sensitive receptors;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment,
where feasible; and,
RESOLUTION NO.
PAGE 31
Use alternatively fueled construction equipment on -site where feasible,
such as compressed natural gas (CNG), liquefied natural gas (LNG),
propane or biodiesel.
113. MM AQ-1c. A Construction Activity Management Plan shall be included as part o f
project grading and building plans and shall be submitted to the APCD for review
and to the City for approval prior to the start of construction. In addition, the
contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent
transport of dust off-site. Their duties shall include holidays and weekend periods
when work may not be in progress. The name and telephone of such persons shall
be provided to the APCD prior to land use clearance for map recordation and
grading. The plan shall include but not be limited to the following elements:
Schedule construction truck trips during non -peak hours (as determined
by the Public Works Director) to reduce peak hour emissions;
Tabulation of on and off -road construction equipment (age, horse-
power and miles and/or hours of operation;
Limit the length of the construction work-day period, if necessary; and,
Phase construction activities, if appropriate.
114. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating
phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less,
such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint).
115. MM AQ-2a. The Applicants shall include the following:
Water Conservation Strategy: The Applicants shall install fixtures with
the EPA WaterSense Label, achieving 20 percent reduction indoors.
The Project shall install drip, micro, or fixed spray irrigation on all
plants other than turf, also including the EPA WaterSense Label,
achieving 15 percent reduction in outdoor landscaping.
Solid Waste: The Applicants shall institute recycling and composting
services to achieve a 15 percent reduction in waste disposal, and use
waste efficient landscaping.
Fugitive Dust: The Applicants shall replace ground cover of at least 70
percent of area disturbed in accordance with CARB Rule 403.
116. MM AQ-2b. Consistent with standard mitigation measures in Table 3 -5 of the
APCD CEQA Air Quality Handbook, the following mitigation measures would apply
to the Project. [SEE THE MITIGATION MONITORING AND REPORTING
PROGRAM, EXHIBIT E, FOR THE COMPLETE LIST OF MEASURES.]
RESOLUTION NO.
PAGE 32
117. MM AQ-3a. The Applicants shall implement the following Best Available Control
Technology (BACT) for diesel-fueled construction equipment, where feasible, to
minimize the exposure of diesel exhaust to sensitive receptors:
Further reduce emissions by expanding use of Tier 3 and Tier 4 off -
road and 2010 on-road compliant engines;
Repowering equipment with the cleanest engines available; and,
Installing California Verified Diesel Emission Control Strategies.
118. MM AQ-3b. The Applicants shall ensure that all equipment used in operational
activities has the necessary APCD permits when appropriate. To minimize
potential delays, prior to the start of development within each subarea, the APCD’s
Engineering Division shall be contacted for specific information regarding
permitting requirements.
119. MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the
Applicants shall coordinate with the City Public Works and Community
Development Department and work with SLORTA and SCT to establish a
sheltered transit stop on East Cherry Avenue near the Project site.
120. MM BIO-2a. Vegetation removal and initial site disturbance for Project construc tion
shall be conducted between September 1 and January 31, outside of the primary
nesting season for birds, unless City-approved preconstruction nesting bird
surveys are conducted that determine if any active nests would be impacted by
project construction. If no active nests are found, then no further mitigation shall
be required. If any active nests are found, then these nest sites shall be avoided
with the establishment of a nondisturbance buffer zone around active nest, which
shall be in place until the adults and young of the year no longer rely on the nest
site for survival. The study, surveys, findings, and recommendations shall be
prepared by a City approved qualified biologist. Compliance shall be verified by the
Project Environmental Monitor through submission of compliance reports.
121. MM HAZ-2a. Prior to earthwork activities, a Site -specific Health and Safety Plan
shall be developed per California Occupational Safety and Health Administration
(Cal/OSHA) requirements. All construction employees that have the potential to
come into contact with contaminated soil/bedrock and safety plan, which includes
proper training and personal protective equipment.
122. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate
or minimize construction worker or general public exposure to lead and other
potential contaminants in soil. Procedures shall include efforts to control fugitive
dust, contain and cover excavation debris piles, appropriate laboratory analysis of
soil for waste characterization, and segregation of contaminated soil from
RESOLUTION NO.
PAGE 33
uncontaminated soil. The applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated soil shall be followed (e.g.,
tarping of trucks and waste manifesting).
123. MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of
soil/bedrock and groundwater shall be conducted to assess potential releases
associated with the listed former adjacent land uses and the potential migration of
contaminants onto the Project site. The analytical suite selected shall be
consistent with those uses, and shall include applicable analytical methods for
appropriate waste characterization and disposal. The sampling strategy shall take
into account the locations of potential source areas, and the anticipated lateral and
vertical distribution of contaminants in soil and/or groundwater. The results of the
investigation shall be documented in a report that is signed by a California
Professional Geologist. The report shall include recommendations based upon the
findings for additional investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and dispose, groundwater
and/or soil vapor extraction, or in situ bioremediation).
124. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire
Emergency Management Plan for review by the FCFA and the City. The Plan shall
consist of measures to reduce the potential for structural damage to the proposed
development including:
A detailed description and map of fire protection apparatus and staging
locations, the locations of the electric and gas shut off controls,
emergency meeting locations, and emergency supply locations;
Relevant building design specifications that would qualify the building
for identification as a safe refuge during a wildfire; and,
125. MM HAZ-4b. Require fire resistant material to be used for building construction in
fire hazard areas. Require the installation of smoke detectors in all new
residences.
126. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall
include an inspection of the deadwood and leaf litter, which shall be removed
annually prior to the beginning of fire season.
127. MM HAZ-4d. Each hotel room shall be required to have an emerge ncy evacuation
plan posted in a visible location. Additionally, each room shall have a Wildfire
Emergency Procedures binder, which shall include relevant information from the
Wildfire Emergency Management Plan, such as the locations of safe refuges,
locations of First Aid and emergency supplies, and emergency contacts within the
hotel. Training requirements for front-desk hotel staff and any other staff routinely
interacting with the public shall include First Aid and First Responder certification
RESOLUTION NO.
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as well as annual requirements for wildfire emergency management training
scenario exercises prior to the onset of fire season.
128. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire
resistant native species. Non-native species shall not be included in the final
landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define
precisely the final location and character of trees, as well as locations and types of
new plantings.
129. MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall
file a Notice of Intent (NOI) for discharge from the proposed development site.
130. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require
the building contractor to prepare and submit a Storm W ater Pollution Prevention
Plan (SWPPP) to the City Public Works Department prior to the issuance of
grading permits. The contractor is responsible for understanding the State General
Permit and implementing the SWPPP during construction. A SWPPP for site
construction shall be developed prior to the initiation of grading and implemented
for all construction activities on the Project site in excess of one acre, or where the
area of disturbance is less than one acre but is part of the Project’s plan of
development that in total disturbs one or more acres. The SWPPP shall include
specific BMPs to control the discharge of material from the site. BMP methods
may include, but would not be limited to, the use of temporary detention basins,
straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil
stabilizers. Additional BMPs should be implemented for any fuel storage or fuel
handling that could occur onsite during construction. The SWPPP must be
prepared in accordance with the guidelines adopted by the State Water Resources
Control Board (SWRCB). The SWPPP shall be submitted to the City along with
grading/development plans for review and approval.
131. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a
notice of termination of construction of the development with the RWQCB,
identifying how pollution sources were controlled during the construction of the
Project and implementing a closure SWPPP for the site.
132. MM HYD-1d. All required actions shall be implemented pursu ant to Municipal
Code 13.24.110 including Storm Water Control Plan submitted to the City of
Arroyo Grande and the RWQCB regulations under the NPDES Phase II program.
133. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management
Practice (BMP) devices shall be incorporated into the project Final Master
Drainage Plan. The devices shall be sited and sized to intercept and treat all dry
weather surface runoff, the runoff from 28 percent of the 2 -year storm event, and
accommodate the first flush (1 inch) during 24-hour storm events. The storm water
quality system must be reviewed and approved by the City.
RESOLUTION NO.
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134. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall
prepare a development maintenance manual for the Project, which shall include
detailed procedures for maintenance and operations of any stormwater facilities to
ensure long-term operation and maintenance of post-construction stormwater
controls. The maintenance manual shall require that stormwater BMP devices be
inspected, cleaned and maintained in accordance with the manufacturer’s
maintenance specifications. The manual shall require that devices be cleaned
prior to the onset of the rainy season (i.e., October 15th) and immediately after the
end of the rainy season (i.e., May 15th). The manual shall also require that all
devices be checked after major storm events.
135. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer
or acceptable maintenance organization shall submit to the City of Arroyo Grande
Public Works Department a detailed report prepared by a licensed Civil Engineer
addressing the condition of all private stormwater facilities, BMPs, and any
necessary maintenance activities on a semi-annual basis (October 15th and April
15th of each year). The requirement for m aintenance and report submittal shall be
recorded against the property.
136. MM NOI-1a. For all construction activity at the Project site, additional noise
attenuation techniques shall be employed as needed to ensure that noise levels
are maintained within levels allowed by the City’s Noise Standards. Such
techniques shall include, but are not limited to:
Sound blankets on noise-generating equipment.
Stationary construction equipment that generates noise levels above
65 dBA at the project boundaries shall be shielded with a barrier that
meets a sound transmission class (a rating of how well noise barriers
attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and
shall be equipped with factory-recommended mufflers.
The movement of construction-related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors
shall be limited to the hours between 7:00 A.M. and 7:00 P.M. Monday
through Friday. No movement of heavy equipment shall occur on
Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor
Day).
Temporary sound barriers shall be constructed between construction
sites and affected uses.
137. MM NOI-1b. The contractor shall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines
and noise complaint procedures to minimize potential annoyance related to
RESOLUTION NO.
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construction noise. Noise-related complaints shall be directed to the City’s
Community Development Department.
138. MM NOI-3a. All noise-generating rooftop building equipment, such as air
conditioners and kitchen ventilation systems, shall be installed away from existing
and proposed noise-sensitive receptors (i.e., residences) or be placed behind
adequate noise barriers.
139. MM NOI-3b. The Applicant shall submit a truck traffic plan to the City Public Works
Department which will address timing, noise, location, and number of deliveries for
each project component. The Applicant shall cooperate with the City to ensure that
impacts to noise-sensitive receptors are mitigated to the maximum extent feasible.
140. MM TRANS-1a. Future development occurring under the proposed Project shall be
required to prepare a Construction Transportation Management Plan for review
and approval by the City prior to issuance of a building permit to address and
manage traffic during construction and shall be designed to:
Prevent traffic impacts on the surrounding roadway network
Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable
Ensure safety for both those constructing the project and the
surrounding community
Prevent substantial truck traffic through residential neighborhoods
The Construction Transportation Management Plan shall be subject to review
and approval by the following City departments: Community Development, Public
Works, Fire, and Police, to ensure that the Plan has been designed in
accordance with this mitigation measure. This review shall occur prior to
issuance of grading or building permits. It shall, at a minimum, include the
following throughout the Duration of Construction:
A detailed Construction Transportation Management Plan for work
zones shall be maintained. At a minimum, this shall include parking
and travel lane conf igurations; warning, regulatory, guide, and
directional signage; and area sidewalks, bicycle lanes, and parking
lanes. The plan shall include specific information regarding the
Project’s construction activities that may disrupt normal pedestrian and
traffic flow and the measures to address these disruptions. Such plans
shall be reviewed and approved by the Community Development
Department prior to commencement of construction and implemented
in accordance with this approval.
Work within the public right-of-way shall be performed between 9:00
AM and 4:00 PM. This work includes dirt and demolition material
hauling and construction material delivery. Work within the public right-
of-way outside of these hours shall only be allowed after the issuance
of an after-hours construction permit.
RESOLUTION NO.
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Streets and equipment shall be cleaned in accordance with
established Public Works requirements.
Trucks shall only travel on a City-approved construction route. Limited
queuing may occur on the construction site itself.
Materials and equipment shall be minimally visible to the public; the
preferred location for materials is to be on-site, with a minimum
amount of materials within a work area in the public right -of-way,
subject to a current Use of Public Property Permit.
Any requests for work before or after normal construction hours within
the public right-of-way shall be subject to review and approval through
the After Hours Permit process administered by the Building and
Safety Division.
Provision of off-street parking for construction workers, which may
include the use of a remote location with shuttle transport to the site, if
determined necessary by the City.
Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction:
The traveling public shall be advised of impending construction
activities which may substantially affect key roadways or other facilities
(e.g., information signs, portable message signs, media
listing/notification, and implementation of an approved Construction
Impact Mitigation Plan).
A Use of Public Property Permit, Excavation Permit, Sewer Permit, or
Oversize Load Permit, as well as any Caltrans permits required for any
construction work requiring encroachment into public rights-of-way,
detours, or any other work within the public right-ofway shall be
obtained.
Timely notification of construction schedules shall be provided to all
affected agencies (e.g., Police Department, Fire Department, Public
Works Department, and Community Development Department) and to
all owners and residential and commercial tenants of property within a
radius of 500 feet.
Construction work shall be coordinated with affected agencies in
advance of start of work. Approvals may take up to two weeks per
each submittal.
Public Works Department approval of any haul routes for earth,
concrete, or construction materials and equipment hauling shall be
obtained.
141. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall
modify the lane geometry of the intersection of East Grand Avenue and West
Branch Street in order to create an exclusive right turn lane for the southbound
approach of West Branch Street to East Grand Avenue. The Applicants shall
design and install the necessary improvements including widening, restriping, and
RESOLUTION NO.
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curb reconstruction of westbound West Branch Street/ northbound West Branch
Street to meet turning radius requirements of a City bus design vehicle. The
Applicants shall submit plans for the restriping of West Branch Street including any
modifications necessary to the northeast curb return and sidewalk to provide for
design vehicle turning movements to the City for review and approval from the City
Engineer, concurrent with the submittal of the project’s public improvement plans.
Road improvements shall be installed, inspected , and approved by the City prior to
issuance of the first certificate of occupancy.
142. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay
a fair share portion of the design and construction costs for a transportation
improvement that would provide an acceptable LOS consistent with adopted City
policy, in order to mitigate the Project’s long-term impact on the cumulative
condition, using the Equitable Share Responsibility Formula from the 2002
Caltrans Guide for the Preparation of Traffic Impact Studies.
The Applicant shall fund a fair share of the estimated costs for construction of two
roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound
ramps and the intersection of East Branch Street and Traffic Way.
The Applicants shall submit payment of their fair share of funding for the above
mitigation prior to issuance of grading and/or building permits. The City shall
determine the amount of payment of fair shares for each Applicant commensurate
with metrics that demonstrate the relative level and intensity of proposed
development (e.g., square footage, land use type, trip generation, etc.). The City
shall establish a separate East Grand Avenue/West Branch Street traffic mitigation
fund to accept the Applicant’s payment(s).
143. MM TRANS-5a. As part of review of permits for development of Subarea 1 and the
proposed hotel/restaurant, a circulation study shall be prepared to guide driveway
location, design, and ingress/egress access in such a way to ensure public safet y
and utility. Prior to approval of the CUP, the Applicant shall submit a circulation
study prepared by a Traffic Engineer.
RESOLUTION NO.
PAGE 39
EXHIBIT B
CONDITIONS OF APPROVAL FOR SUBAREA 2
VESTING TENTATIVE TRACT MAP 15-001
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes development per the East Cherry Avenue Specific Plan
(Specific Plan 15-001, General Plan Amendment 15-001, Development Code
Amendment 15-001, or “Specific Plan”), which covers the following entitlements in
the three subareas included in the Specific Plan area:
Subarea 1: Conditional Use Permit 16-001. This includes a 100-room hotel
and 4,000 SF restaurant on 2.16 acres, owned by SRK Hotels.
Subarea 2: Vesting Tentative Tract Map 15-001 (VTTM 3081). This includes
up to 58 residential dwelling units and related amenities on 11.62 acres (less
0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, owned by
Mangano Homes, Inc.
Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden
and related amenities on a property owned by the Arroyo Grande Japanese
Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be
transferred from Subarea 2.
The following conditions and mitigation measures apply to Subarea 2 only:
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval and applicable mitigation
measures included in the E. Cherry Avenue Specific Plan Environmental Impact
Report as certified. These are included as conditions 124 through 158.
4. This application shall automatically expire on [September 27, 2018] unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant
may apply for an extension of one (1) year from the original date of expiration.
5. Development shall conform to the land use and zoning requirements described
within the Specific Plan as approved on [September 27, 2016].
6. Development shall occur in substantial conformance with the plans presented to the
City Council at the meeting of [September 27, 2016], on file in the Community
Development Department.
RESOLUTION NO.
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7. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in anyway relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his/her obligations under this condition.
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
9. At the time of application for construction permits, plans submitted shall show all
development consistent with the approved site plan, floor plan, architectural
elevations and landscape plan.
10. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code. Prior to issuance of a building permit, all illegal signs shall be removed.
11. Development shall comply with Development Code Sections 16.48.070, “Fences,
Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening
Requirements”.
12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development
plans including those specifically modified by the East Cherry Avenue Specific Plan
or these conditions.
13. The developer shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”.
14. Trash enclosures shall be screened from public view with landscaping or other
appropriate screening materials, and shall be made of an exterior finish that
complements the architectural features of the main building(s). The trash enclosure
area shall be designed to provide adequate space for collecting and storing solid
waste and recyclable materials, including mixed recycling, separated cardboard and
food waste/organics (when appropriate). All solid waste and recycling area
enclosures that are not located inside a building shall have roofs to prevent
contaminants from washing into the storm drain system. The roof shall extend past
any open sides. Additionally, the roof shall not overhang the front gate so that the
garbage trucks can access the bins.
15. Final design and location of the trash enclosure(s) shall be reviewed by the
Architectural Review Committee and approved by the Community Development
Director.
RESOLUTION NO.
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16. The applicant shall obtain and submit to the City written approval from South County
Sanitary for all proposed trash receptacle pick up locations.
17. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code, augmented by
requirements included in mitigation measure NOI-1a. Construction activities shall be
restricted to the hours of 7 AM and 7 PM Monday through Friday. No construction
shall occur on Saturday or Sunday.
18. At the time of application for construction permits, the applicant shall provide details
on any proposed exterior lighting, if applicable. The lighting plan shall include the
height, location, and intensity of all exterior lighting consistent with Section 16.48.090
of the Development Code. All lighting fixtures shall be shielded so that neither the
lamp nor the related reflector interior surface is visible from adjacent properties. All
lighting for the site shall be downward directed and shall not create spill or glare to
adjacent properties. All lighting shall be energy efficient (e.g. LED).
19. All new construction shall utilize fixtures and designs that minimize water and energy
usage. Such fixtures shall include, but are not limited to, low flow showerheads,
water saving toilets, greywater reuse systems, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed prior
to final occupancy.
20. Landscaping in accordance with an approved landscaping plan shall be installed or
bonded for before final building inspection/establishment of use. The landscape
plan, irrigation plan and landscape documentation package shall be prepared by a
licensed landscape architect subject to review and approval by the Community
Development and Public Works Departments prior to issuance of building permit.
The landscape plan shall be in conformance with Development Code Chapter 16.84
(Water Efficient Landscape Requirements) and the State Department of Water
Resource’s Model Water Efficient Landscape Ordinance and shall include the
following:
d. Tree staking, soil preparation and planting detail;
e. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
f. The required landscaping and improvements. This includes:
ix. Deep root planters shall be included in areas where trees are within five
feet (5’) of asphalt or concrete surfaces and curbs;
x. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants.
RESOLUTION NO.
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xi. An automated irrigation system using smart controller (weather based)
technology.
xii. A dedicated landscape meter for the commercial landscape areas
greater than 1,000 square feet and for residential areas greater than
5,000 square feet.
xiii. A landscape meter shall be installed on the existing water well, to
remain, and service Subarea 3 only.
xiv. The selection of groundcover plant species shall include native plants.
xv. Linear planters shall be provided in parking areas.
xvi. No more than 25% of the total landscaped area can be turf in residential
areas; turf is not allowed in commercial areas.
21. For projects approved with specific exterior building colors, the developer shall paint
a test patch on the building including all colors. The remainder of the building may
not be painted until inspected by the Community Development Department to verify
that colors are consistent with the approved color board. A 48-hour notice is
required for this inspection.
22. All new electrical panel boxes shall be installed inside the building(s).
23. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent
to a fire access roadway, away from the public right-of-way, incorporated into the
design of the site, and screened to the maximum extent feasible.
24. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
25. All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from public
view with materials architecturally compatible with the main structure. It is especially
important that gas and electric meters, electric transformers, and large water piping
systems be completely screened from public view. All roof-mounted equipment
which generates noise, solid particles, odors, etc., shall cause the objectionable
material to be directed away from residential properties.
26. All conditions of this approval run with the land and shall be strictly adhered to, within
the time frames specified, and in an on-going manner for the life of the project.
Failure to comply with these conditions of approval may result in an immediate
enforcement action. If it is determined that violation(s) of these conditions of
approval have occurred, or are occurring, this approval may be revoked pursuant to
Development Code Section 16.08.100.
RESOLUTION NO.
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SUBDIVISION CONDITIONS
27. The developer shall comply with Development Code Chapter 16.20 "Land Divisions"
or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and
Development Code differ, the Specific Plan shall prevail.
28. The developer shall comply with Development Code Chapter 16.64 "Dedications,
Fees and Reservations."
29. The developer shall comply with Development Code Chapter 16.68 "Improvements"
or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and
Development Code differ, the Specific Plan shall prevail.
30. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that
are administered by a subdivision homeowners' association, formed by the applicant
for the area within the subdivision. The CC&R's shall be reviewed and approved by
the City Attorney and recorded prior to or concurrently with the final map. At a
minimum, the CC&R's shall:
a. Provide for maintenance of the driveways, common areas, sewer lines and
other facilities;
b. Prohibit additions to the units;
c. Require garages to be kept clear for parking cars at all times; and
d. Inform residents of the water conservation requirements placed on this project.
INCLUSIONARY HOUSING
31. The developer shall comply with Development Code Chapter 16.80 “Inclusionary
Affordable Housing Requirements”.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
BUILDING CODES
32. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
FIRE LANES
33. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
RESOLUTION NO.
PAGE 44
34. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
35. Project shall have a fire flow of 1500 gallons per minute for a duration of two (2)
hours.
36. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
SECURITY KEY BOX
37. The applicant must provide an approved "security key vault," per Building and Fire
Department guidelines and per the California Fire Code.
FIRE SPRINKLER
38. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code.
39. Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards.
ABANDONMENT / NON-CONFORMING
40. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
ENGINEERING DIVISION CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE
PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
41. The Applicant shall develop, implement and provide the City a:
a. Stormwater Control Plan that clearly provides engineering analysis of all Water
Quality Treatment, Runoff Retention, and Peak Flow Management controls.
b. Operations and Maintenance Plan and Maintenance Agreements that clearly
establish responsibility for all Water Quality Treatment, Runoff Retention, and
Peak Flow Management controls.
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls have been maintained
and are functioning as designed.
RESOLUTION NO.
PAGE 45
d. All reports must be completed by either a Registered Civil Engineer or Qualified
Stormwater Pollution Prevention Plan Developer (QSD).
42. Prior to any Permit – Stormwater Control Plan. The Stormwater Control Plan
must include, at minimum:
Contents:
a. Project information including project name; application number; location; parcel
numbers; applicant contact information; land use information; site area;
existing, new, and replaced impervious area, and applicable PCR requirements
and exceptions.
b. Narrative analysis or description of site features and conditions, and
opportunities and constraints for stormwater control.
c. Narrative description of site design characteristics that protect natural
resources including endangered species habitat, protected vegetation, and
archaeological resources, and preserve natural drainage features, minimize
imperviousness, and disperse runoff from impervious areas.
d. Tabulation of proposed pervious and impervious DMAs, showing self-treating
areas, self-retaining areas, areas draining to self-retaining areas, and areas
tributary to each LID facility.
e. Proposed sizes, including supporting calculations, for each LID facility.
f. Narrative description of each DMA and explanation of how runoff is routed from
each impervious DMA to a self-retaining DMA or LID facility.
g. Description of site activities and potential sources of pollutants.
h. Table of pollutant sources identified from the list in Appendix A and for each
source, the source control measure(s) used to reduce pollutants to the
maximum extent practicable.
i. Description of signage for bioretention facilities.
j. General maintenance requirements for bioretention facilities and site design
features.
k. Means by which facility maintenance will be financed and implemented in
perpetuity.
l. Statement accepting responsibility for interim operation & maintenance of
facilities.
Exhibits:
1. Existing natural hydrologic features (depressions, watercourses, relatively
undisturbed areas) and significant natural resources.
2. Proposed design features and surface treatments used to minimize
imperviousness and reduce runoff.
3. Existing and proposed site drainage network and connections to drainage off-
site.
4. Entire site divided into separate Drainage Management Areas (DMAs). Each
DMA has a unique identifier and is characterized as self-retaining (zero-
discharge), self-treating, or draining to a LID facility.
5. Proposed locations and footprints of LID facilities.
RESOLUTION NO.
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6. Potential pollutant source areas, including loading docks, food service areas,
refuse areas, outdoor processes and storage, vehicle cleaning, repair or
maintenance, fuel dispensing, equipment washing, etc.
43. Prior to Final Approval - Operations and Maintenance Plan. The Operations and
Maintenance Plan must include, at minimum:
a. Stormwater Control Measures report number
b. A site map identifying all Stormwater Control Measures requiring Operations
and Maintenance practices to function as designed.
c. Operations and Maintenance Procedures for each structural stormwater control
measure including, but not limited to, Low Impact Design facilities, retention
and detention basins, and manufactured or propriety devices operations and
maintenance.
d. Short-and long-term maintenance requirements, recommended frequency of
maintenance, and estimated cost for maintenance.
44. Prior to Occupancy - Maintenance Agreement. The Applicant shall provide a
signed statement accepting responsibility for the Operations and Maintenance of the
installed Storm Water Control Measures. The Applicant shall include written
conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally
enforceable mechanism that require the assumed responsibility for the Operations
and Maintenance of Stormwater Control Facilities. Additionally, the signed
statement shall include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion dates of the following milestones
d. Construction
e. Field verification of Stormwater Control Facilities
f. Final Project approval/occupancy
g. Party responsible for O&M
h. Source of funding for O&M
i. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
j. Statement describing any vector or nuisance problems.
45. Annual - Maintenance Notification. The Owner/Applicant shall submit annually no
later than [DATE] a signed statement notifying the City of all maintenance of the
installed Storm Water Control Measures. In addition, the signed statement shall
include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion date of the maintenance activities
d. Party responsible for O&M
e. Source of funding for O&M
RESOLUTION NO.
PAGE 47
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
GENERAL CONDITIONS
46. The developer shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The
cleaning shall be done after each day’s work or as directed by the Director of
Public Works, the Community Development Director or his/her representative.
47. Perform construction activities related to inspection during normal business hours
(Monday through Friday, 7 A.M. to 5 P.M.). The developer or contractor shall refrain
from performing any work subject to inspection other than site maintenance outside
of these hours, unless an emergency arises or approved by the Community
Development Director. The City may hold the developer or contractor responsible for
any expenses incurred by the City due to work outside of these hours.
48. All residential units shall be designed to mitigate impacts from non-residential project
noise, in compliance with the City’s noise regulations.
49. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
50. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director. One (1) set of paper prints and an
electronic version on CD in both AutoCAD and PDF format shall be required.
51. Submit three (3) full-size paper copies and one PDF file of approved improvement
plans for inspection purposes during construction.
52. Record Drawings (“as-built” plans) are required to be submitted prior to release of
the Faithful Performance Bond.
53. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie-out survey
monuments or vertical control bench marks within 24 inches of work. Should any
existing survey monument be disturbed or destroyed during construction, it must be
reset at the previous location. Should any existing bench mark be disturbed or
destroyed during construction, a new one must be set at a nearby, but different,
location than the existing, as determined by the City Engineer. For monuments, a
Corner Record must be filed with the County and a copy delivered to the City
Engineer. For bench marks, documentation of the bench mark and how it was reset
RESOLUTION NO.
PAGE 48
must be delivered to the City Engineer prior the project acceptance or sign off of the
Encroachment Permit.
54. Provide new vertical control survey bench mark, per City Standard, as directed by
City Engineer.
IMPROVEMENT PLANS
55. Improvement plans (including the following) shall be prepared by a registered Civil
Engineer or qualified specialist licensed in the State of California in compliance with
Engineering Standard 1010 and approved by the Public Works or Community
Development Department:
a. Grading
b. Retaining Walls
c. Roadway Improvements
d. Cross Sections
e. Storm Drainage
f. Utilities - Water and Sewer Plan and Profile
g. Utilities – Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right-of-Way
k. Details
l. Other improvements as required by the Community Development Director.
m. (NOTE: All plan sheets must include City standard title blocks)
n. Engineers estimate for construction cost based on County of San Luis
Obispo unit cost.
56. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
57. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards.
58. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
59. Per Section 66411.1 of the Subdivision Map Act, a notice shall be placed on the
recordable map. The statement shall indicate all required onsite and offsite
improvements.
60. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way.
RESOLUTION NO.
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STREET IMPROVEMENTS
61. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to a slurry seal.
62. All street repairs shall be constructed to City standards.
63. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City.
64. Street (Road A) shall be constructed as a partial width street to accommodate future
widening by other property owners in accordance with Section 16.68.020 of the
Development Code. Subarea 2 shall construct a one half street section, plus a 12
foot wide driving lane. Subarea 1 to complete remainder improvements.
65. Street structural sections shall be determined by an R-Value soil test, but shall not
be less than 3” of asphalt and 6” of Class II AB.
66. If intended to be public streets, Public Local Streets (Roads B, C and D) must be
designed in compliance with Engineering Standards 7010 and shall adhere to the
following design standards:
a. 40 feet street width from curb to curb.
b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of
the street.
c. 52 feet wide right-of-way.
d. 25 mile per hour design speed.
e. TI = 6.5
67. Frontage improvements on East Cherry Avenue shall include widening as depicted
in Section E-E on sheet 4 of the tentative map plan set and shall include two (2) 5-
foot wide bike lanes. Road widening transitions must be completed to the
satisfaction of the City Engineer.
CURB, GUTTER, AND SIDEWALK
68. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
69. Color any such new facilities as directed by the Community Development Director.
70. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
RESOLUTION NO.
PAGE 50
71. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
72. 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
73. Should detached sidewalks for Roads B, C and D be constructed they shall include
bioretention facilities in compliance with Engineering Standards Appendix K detail
100, 101 or similar. Biofiltration areas must be maintained by the HOA and planted
with drought tolerant vegetation and street trees, as appropriate.
DEDICATIONS AND EASEMENTS
74. The property owner shall offer for dedication to the public the right-of-way for the
following streets:
Road A
East Cherry Avenue
75. A private/public water main, sewer and/or drainage easement shall be reserved on
the map between Lots 1 and 60, 28 and 29, 30 and 31.
76. If Roads B, C and D are intended to be private roads, a Public Utility Easement
(PUE), Public Access and Emergency Access Easements shall be dedicated over
entire right-of-way of Road B, C, and D and Alley A and B. The PUE shall be wider
where necessary for the installation or maintenance of the public utility vaults, pads,
or similar facilities.
77. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent
to street right-of-way adjacent to East Cherry Avenue and Road A. The PUE shall
be wider where necessary for the installation or maintenance of the public utility
vaults, pads, or similar facilities.
78. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right-of-ways on East Cherry Avenue and Road A. Street tree easements
shall be a minimum of 10 feet beyond the right-of-way, except that street tree
easements shall exclude the area covered by public utility easements.
79. Access shall be denied to East Cherry Avenue from lots 1-12, excluding Road A and
Alley “B”. The access denial shall be offered by the property owner and recorded on
the map or other document as is acceptable to the City.
80. PUE 7.5 feet wide on lot 29 and lot 30 for a total width of 15 feet shall be dedicated
RESOLUTION NO.
PAGE 51
to the public. Easement shall be fenced off from remainder of lot 29 and 30 and
shall have a compacted DG surface. PUE on Lot 30 shall be 15 feet wide and
dedicated to the public. Easement shall be fenced off from the remainder lot and
shall have a compacted DG surface.
81. Allies A and B shall include a 20’ PUE to allow Public and Emergency Access.
82. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard
forms, and shall include legal descriptions, sketches, closure calculations, and a
current preliminary title report. The applicant shall be responsible for all required
fees, including any additional required City processing.
83. Abandonment of public streets and public easements shall be listed on the final map
of parcel map, in accordance with Section 66499.20½ of the Subdivision Map Act.
(TRACT AND PARCEL MAPS)
84. The subdivider shall enter into a subdivision agreement for the completion and
guarantee of improvements required. The subdivision agree ment shall be on a
form acceptable to the City.
GRADING AND DRAINAGE
85. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2)
copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention
Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San
Luis Obispo Regional Water Quality Control Board (RWCB) requirements.
86. All grading shall be performed in accordance with the City Standard Specifications
and Engineering Standards and City Grading Ordinance.
87. All drainage facilities shall be designed to accommodate a 100-year storm flow.
88. Submit a soils report for the project shall be prepared by a registered Civil Engineer
and supported by adequate test borings. All earthwork design and grading shall
be performed in accordance with the approved soils report.
89. The applicant shall dedicate a pedestrian access easement(s) for any ADA
sidewalk extension.
90. Infiltration basins shall be designed based on soil tests. Infiltration test shall
include a minimum of 2 borings 15 feet below the finished basin floor. Additional
borings or tests may be required if the analysis or soil conditions are inconclusive.
91. The applicant shall submit an engineering study regarding flooding related to the
project site. The study shall be approved by the City Engineer. Any portions of
RESOLUTION NO.
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the site subject to flooding from a 100 -year storm shall be shown on the tentative
map or other recorded document, and shall be noted as a building restriction.
92. The applicant shall provide on-site storm water retardation facilities designed and
constructed to Public Works and Community Development requirements, and the
following:
a. The 100-year basin outflow shall not exceed the pre-development flow.
b. The 100-year basin outflow shall be limited to a level which does not cause
the capacity of existing downstream drainage facilities to be exceeded.
c. The basin shall be fully constructed and functional prior to occupancy for any
building permit within the project.
d. The basin shall be maintained by a homeowner’s association. The City shall
approve the related language in the association CC&R’s prior to recordation.
e. The maintenance district shall be recorded concurrently with the map.
WATER
93. Whenever possible, all water mains shall be looped to prevent dead ends. The
Public Works Director must grant permission to dead end water mains.
94. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
95. The DDC shall be placed inside the building or adjacent to the building. Other
locations for the DDC shall be approved by the Director or Community Development.
96. Each parcel shall have separate water meters.
97. Non-potable water for construction purposes is available at the Soto Sports
Complex. The City of Arroyo Grande does not allow the use of hydrant meters.
98. Fire sprinklers shall have individual service connections. If the units are to be fire
sprinkled, a fire sprinkler engineer shall determine the size of the water meters.
99. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
SEWER
100. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8”.
101. All sewer laterals within the public right-of-way must have a minimum slope of 2%.
RESOLUTION NO.
PAGE 53
102. Existing sewer laterals to be abandoned shall be properly abandoned and capped at
the main per the requirements of the Public Works Director.
103. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for
the appropriate use, minimum 4”.
104. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
105. Obtain approval from the South County Sanitation District for the development’s
impact to District facilities prior to permit issuance.
106. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
107. The applicant must obtain a will-serve letter from the South San Luis Obispo County
Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite
wastewater collection system to serve the project.
PUBLIC UTILITIES
108. The developer shall comply with Development Code Section 16.68.050: All projects
that involve the addition of over 100 square feet of habitable space shall be required
to place service connections underground - existing and proposed utilities. The
existing above ground utilities that traverse Subarea 2 and 3 must be placed
underground prior to the recordation of the Tract Map for Subarea 2.
109. Prior to approving any building permit within the project for occupancy, all conditions
of approval for project must be satisfied.
110. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to the
City Engineer for approval.
111. On streets 40’ or less in width, street lights shall be placed at least 200’ – 250’ apart,
or potentially less frequently to minimize impacts on the existing dark night sky
views, if it can be found that sufficient public safety is maintained. On streets greater
than 40’ in width, a street lighting plan shall be designed and submitted to the
Community Development Director for approval. Consideration shall be given to
minimizing impacts to views of the existing dark night sky, consistent with Mitigation
Measure VIS-4a as included in these conditions and the East Cherry Avenue
Specific Plan.
112. Applicant shall fund outsourced plan and map check services, as required.
RESOLUTION NO.
PAGE 54
PUBLIC SAFETY
113. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
114. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
FEES AND BONDS
115. The applicant shall pay all applicable City fees, including the following:
FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a.___ Map check fee for Tract Map.
b.___ Map check fee for Parcel Map.
c.___ Plan check for grading plans.
(Based on an approved earthwork estimate)
d.___ Plan check for improvement plans.
(Based on an approved construction cost estimate)
e.___ Permit Fee for grading plans.
(Based on an approved earthwork estimate)
f.___ Inspection Fee of subdivision or public works construction plans.
(Based on an approved construction cost estimate)
g.___ Plan Review Fee
(Based on the current Building Division fee schedule)
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a.___ Water Neutralization fee, to be based on codes and rates in effect
at the time of building permit issuance, involving water connection or
enlargement of an existing connection.
b.___ Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.04.030.
c.___ Water Meter charge to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22.
d.___ Water Availability charge, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with - (not
correct).
e.___ Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
RESOLUTION NO.
PAGE 55
Res. 3021.
f.___ Traffic Signalization fee, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with Ord. 346
C.S., Res. 1955.
g.___ Sewer Connection fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.12.190.
h.___ South San Luis Obispo County Sanitation District Connection
fee in accordance with Municipal Code Section 13.12.180.
i.___ Drainage fee, as required by the area drainage plan for the area
being developed.
j.___ Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
effect at the time of building permit issuance in accordance with Ord.
313 C.S.
k.___ Construction Tax, the applicant shall pay a construction tax pursuant
to Section 3-3.501 of the Arroyo Grande Municipal Code.
l.___ Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
m.___ Strong Motion Instrumentation Program (SMIP) Fee, to be based
on codes and rates in effect at the time of development in accordance
with State mandate.
n.___ Building Permit Fee, to be based on codes and rates in effect at the
time of development in accordance with Title 8 of the Municipal Code.
FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE
FINAL MAP
a.___ Park Development fee, the developer shall pay the current park
development fee, and/or donate land in-lieu of, for each lot approved,
in accordance with City Ordinance 313 C.S.
b.___ Park Dedication, the developer shall dedicate, in accordance with
City Ordinance 313 C.S., land for park purposes.
c. Park Improvement fee, the developer shall pay the current park
improvement fee, for each lot approved, in accordance with City
Ordinance 313 C.S.
116. Preliminary Title Report, a current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map. A current subdivision
guarantee shall be submitted to the Director of Public Works prior to recording the
Map.
BONDING SURETY
RESOLUTION NO.
PAGE 56
117. Erosion Control, prior to issuance of the grading or building permit, all new
residential construction requires posting of a $1,200.00 performance bond for
erosion control and damage to the public right-of-way. This bond is refundable upon
successful completion of the work, less expenses incurred by the City in maintaining
and/or restoring the site.
118. The applicant shall provide bonds or other financial security for the following. All
bonds or security shall be in a form acceptable to the City, and shall be provided
prior to recording of the map, unless noted otherwise. The minimum term for
Improvement securities shall be equal to the term of the subdivision agreement.
a.___ Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b.___ Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c.___ One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
d.___ Monumentation, 100% of the estimated cost of setting survey
monuments.
e.___ Tax Certificate, In accordance with Section 9-15.130 of the
Development Code, the applicant shall furnish a certificate from the
tax collector’s office indicating that there are no unpaid taxes or
special assessments against the property
f.___ Accessory Structures, the applicant shall remove or bond for
removal of all accessory structures not sharing a parcel with a
residence.
g.___ Garages, the applicant shall construct, or bond for construction of a
two-car garage and driveway for the existing house on lot_____.
h.___ Curb cuts, the applicant shall construct or bond for construction of
individual curb cuts and paved driveways for parcels.
EIR MITIGATION MEASURES
119. MM VIS-1a. The Architectural Review Committee shall review Project design and
consider impacts to the scenic resources available on or adjacent to the Project
site, with particular consideration to the Santa Lucia Mountains. This includes the
review of building siting, height, massing, design, and setbacks. The Architectural
Review Committee shall determine whether structures obstruct important views of
scenic resources, and/or propose design alterations to reduce impacts to
important views of scenic resources.
120. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall
consider the minimization of the number streetlights along East Cherry Avenue to
RESOLUTION NO.
PAGE 57
reduce lighting effects upon the visual quality nighttime sky. However, the
Architectural Review Committee shall allow adequate streetlights and security
lighting for public safety.
121. MM AQ-1a. The following standard air quality mitigation measures shall be
implemented during construction activities at the Project site:
Reduce the amount of disturbed area where possible;
Water trucks or sprinkler trucks shall be used during construction to
keep all areas of vehicle movement damp enough to prevent dust from
leaving the site. At a minimum, this would require twice -daily
applications. All dirt stock pile areas should be sprayed daily as
needed. Increased watering frequency would be required when wind
speeds exceed 15 miles per hour (mph). Reclaimed water (non -
potable) shall be used when possible;
All dirt stock pile areas should be sprayed daily as needed;
Permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading shall be sown with a fast
germinating native grass seed and watered until vegetation is
established;
All disturbed soil areas not subject to revegetation shall be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD;
All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seed ing or soil binders are
used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or shall maintain at least two feet of freeboard in accordance
with California Vehicle Code Section 23114;
Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment leaving the site;
RESOLUTION NO.
PAGE 58
Sweep streets at the end of each day if visib le soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible;
All of these fugitive dust mitigation measures shall be shown on grading
and building plans; and
122. The contractor or builder should des ignate a person or persons to monitor the
fugitive dust control emissions and enhance the implementation of the measures
as necessary to minimize dust complaints, reduce visible emissions below 20%
opacity, and to prevent transport of dust offsite. Their d uties shall include holiday
and weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD Compliance
Division prior to the start of any grading, earthwork or demolition.
123. MM AQ-1B. The following standard air quality mitigation measures for
construction equipment shall be implemented during construction activities at the
project site:
Maintain all construction equipment in proper tune according to
manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment with CARB-
certified motor vehicle diesel fuel (non -taxed version suitable for use
off-road).
Use diesel construction equipment meeting ARB’s Tier 2 certified
engines or cleaner off -road heavy-duty diesel engines, and comply with
the State off-Road Regulation;
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner
certification standard for on-road heavy-duty diesel engines and comply
with the State On-Road Regulation;
Construction or trucking companies with fleets that do not have engines
in their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOx exempt area fleets) may be eligible by
proving alternative compliance;
On- and off-road diesel equipment shall not be allowed to idle for more
than five minutes. Signs shall be posted in the designated queuing
areas to remind drivers and operators of the five -minute idling limit;
Diesel idling within 1,000 feet of sensitive receptors in not permitted;
Staging and queing areas shall not be loated within 1,000 feet of
sensitive receptors;
RESOLUTION NO.
PAGE 59
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment,
where feasible; and,
Use alternatively fueled construction equipment on -site where feasible,
such as compressed natural gas (CNG), liquefied natural gas (LNG),
propane or biodiesel.
124. MM AQ-1c. A Construction Activity Management Plan shall be included as part of
project grading and building plans and shall be submitted to the APCD for re view
and to the City for approval prior to the start of construction. In addition, the
contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent
transport of dust off-site. Their duties shall include holidays and weekend periods
when work may not be in progress. The name and telephone of such persons shall
be provided to the APCD prior to land use clearance for map recordation and
grading. The plan shall include but not be limited to the following elements:
Schedule construction truck trips during non -peak hours (as determined
by the Public Works Director) to reduce peak hour emissions;
Tabulation of on and off -road construction equipment (age, horse-
power and miles and/or hours of operation;
Limit the length of the construction work-day period, if necessary; and,
Phase construction activities, if appropriate.
125. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating
phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less,
such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint).
126. MM AQ-2a. The Applicants shall include the following:
Water Conservation Strategy: The Applicants shall install fixtures with
the EPA WaterSense Label, achieving 20 percent reduction indoors.
The Project shall install drip, micro, or fixed spray irrigation on all plants
other than turf, also including the EPA WaterSense Label, achieving 15
percent reduction in outdoor landscaping.
Solid Waste: The Applicants shall institute recycling and composting
services to achieve a 15 percent reduction in waste disposal, and use
waste efficient landscaping.
Fugitive Dust: The Applicants shall replace ground cover of at least 70
percent of area disturbed in accordance with CARB Rule 403.
RESOLUTION NO.
PAGE 60
127. MM AQ-2b. Consistent with standard mitigation measures in Table 3 -5 of the
APCD CEQA Air Quality Handbook, the following mitigation measures would
apply to the Project. [SEE THE MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE COMPLETE LIST OF MEASURES.]
128. MM AQ-3a. The Applicants shall implement the following Best Available Control
Technology (BACT) for diesel-fueled construction equipment, where feasible, to
minimize the exposure of diesel exhaust to sensitive receptors:
Further reduce emissions by expanding use of Tier 3 and Tier 4 off -
road and 2010 on-road compliant engines;
Repowering equipment with the cleanest engines available; and,
Installing California Verified Diesel Emission Control Strategies.
129. MM AQ-3b. The Applicants shall ensure that all equipment used in operational
activities has the necessary APCD permits when appropriate. To minimize
potential delays, prior to the start of development within each subarea, the APCD’s
Engineering Division shall be contacted for specific information regarding
permitting requirements.
130. MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the
Applicants shall coordinate with the City Public Works and Community
Development Department and work with SLORTA and SCT to establish a
sheltered transit stop on East Cherry Avenue near the Project site.
131. MM BIO-1a. Construction equipment and vehicles shall be stored at least 100 feet
away from areas associated with the existing drainage and adjacent oak woodland
habitat, and all construction vehicle maintenance shall be performed in a
designated vehicle storage and maintenance area.
132. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction
shall be conducted between September 1 and January 31, out side of the primary
nesting season for birds, unless City-approved preconstruction nesting bird
surveys are conducted that determine if any active nests would be impacted by
project construction. If no active nests are found, then no further mitigation sha ll
be required. If any active nests are found, then these nest sites shall be avoided
with the establishment of a nondisturbance buffer zone around active nest, which
shall be in place until the adults and young of the year no longer rely on the nest
site for survival. The study, surveys, findings, and recommendations shall be
prepared by a City approved qualified biologist. Compliance shall be verified by the
Project Environmental Monitor through submission of compliance reports.
133. MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan
shall be developed per California Occupational Safety and Health Administration
RESOLUTION NO.
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(Cal/OSHA) requirements. All construction employees that have the potential to
come into contact with contaminated soil/bedrock and safety plan, which includes
proper training and personal protective equipment.
134. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate
or minimize construction worker or general public exposure to lead and other
potential contaminants in soil. Procedures shall include efforts to control fugitive
dust, contain and cover excavation debris piles, appropriate laboratory analysis of
soil for waste characterization, and segregation of contaminated soil from
uncontaminated soil. The applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated soil shall be followed (e.g.,
tarping of trucks and waste manifesting).
135. MM HAZ-2c. Prior to beginning construction, additional subsurface sa mpling of
soil/bedrock and groundwater shall be conducted to assess potential releases
associated with the listed former adjacent land uses and the potential migration of
contaminants onto the Project site. The analytical suite selected shall be
consistent with those uses, and shall include applicable analytical methods for
appropriate waste characterization and disposal. The sampling strategy shall take
into account the locations of potential source areas, and the anticipated lateral and
vertical distribution of contaminants in soil and/or groundwater. The results of the
investigation shall be documented in a report that is signed by a California
Professional Geologist. The report shall include recommendations based upon the
findings for additional investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and dispose, groundwater
and/or soil vapor extraction, or in situ bioremediation).
136. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfir e
Emergency Management Plan for review by the FCFA and the City. The Plan shall
consist of measures to reduce the potential for structural damage to the proposed
development including:
A detailed description and map of fire protection apparatus and staging
locations, the locations of the electric and gas shut off controls,
emergency meeting locations, and emergency supply locations;
Relevant building design specifications that would qualify the building
for identification as a safe refuge during a wildfire; and,
137. MM HAZ-4b. Require fire resistant material to be used for building construction in
fire hazard areas. Require the installation of smoke detectors in all new
residences.
138. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall
include an inspection of the deadwood and leaf litter, which shall be removed
annually prior to the beginning of fire season.
RESOLUTION NO.
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139. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire
resistant native species. Non-native species shall not be included in the final
landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define
precisely the final location and character of trees, as well as locations and types of
new plantings.
140. MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall
file a Notice of Intent (NOI) for discharge from the proposed development site.
141. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require
the building contractor to prepare and submit a Storm Water Pollution Prevention
Plan (SWPPP) to the City Public Works Department prior to the issuance of
grading permits. The contractor is responsible for understanding the State General
Permit and implementing the SWPPP during construction. A SWPPP for site
construction shall be developed prior to the initiation of grading and implemented
for all construction activities on the Project site in excess of one acre, or where the
area of disturbance is less than one acre but is part of the Project’s plan of
development that in total disturbs one or more acres. The SWPPP shall include
specific BMPs to control the discharge of material from the site. BMP methods
may include, but would not be limited to, the use of temporary detention basins,
straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil
stabilizers. Additional BMPs should be implemented for any fuel storage or fuel
handling that could occur onsite during construction. The SWPPP must be
prepared in accordance with the guidelines adopted by the State Water Resources
Control Board (SWRCB). The SWPPP shall be submitted to the City along with
grading/development plans for review and approval.
142. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a
notice of termination of construction of the development with the RWQCB,
identifying how pollution sources were controlled during the construction of the
Project and implementing a closure SWPPP for the site.
143. MM HYD-1d. All required actions shall be impleme nted pursuant to Municipal
Code 13.24.110 including Storm Water Control Plan submitted to the City of
Arroyo Grande and the RWQCB regulations under the NPDES Phase II program.
144. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management
Practice (BMP) devices shall be incorporated into the project Final Master
Drainage Plan. The devices shall be sited and sized to intercept and treat all dry
weather surface runoff, the runoff from 28 percent of the 2 -year storm event, and
accommodate the first flush (1 inch) during 24-hour storm events. The storm water
quality system must be reviewed and approved by the City.
145. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall
RESOLUTION NO.
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prepare a development maintenance manual for the Project, which shall incl ude
detailed procedures for maintenance and operations of any stormwater facilities to
ensure long-term operation and maintenance of post-construction stormwater
controls. The maintenance manual shall require that stormwater BMP devices be
inspected, cleaned and maintained in accordance with the manufacturer’s
maintenance specifications. The manual shall require that devices be cleaned
prior to the onset of the rainy season (i.e., October 15th) and immediately after the
end of the rainy season (i.e., May 15 th). The manual shall also require that all
devices be checked after major storm events.
146. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer
or acceptable maintenance organization shall submit to the City of Arroyo Grande
Public Works Department a detailed report prepared by a licensed Civil Engineer
addressing the condition of all private stormwater facilities, BMPs, and any
necessary maintenance activities on a semi-annual basis (October 15th and April
15th of each year). The requirement for maintenance and report submittal shall be
recorded against the property.
147. MM NOI-1a. For all construction activity at the Project site, additional noise
attenuation techniques shall be employed as needed to ensure that noise levels
are maintained within levels allowed by the City’s Noise Standards. Such
techniques shall include, but are not limited to:
Sound blankets on noise-generating equipment.
Stationary construction equipment that generates noise levels above 65
dBA at the project boundaries shall be shielded with a barrier that
meets a sound transmission class (a rating of how well noise barriers
attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and
shall be equipped with factory-recommended mufflers.
The movement of construction-related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors
shall be limited to the hours between 7:00 A.M. and 7:00 P.M. Monday
through Friday. No movement of heavy equipment shall occur on
Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day).
Temporary sound barriers shall be constructed between construction
sites and affected uses.
148. MM NOI-1b. The contractor shall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines
and noise complaint procedures to minimize potential annoyance related to
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construction noise. Noise-related complaints shall be directed to the City’s
Community Development Department.
149. MM NOI-3a. All noise-generating rooftop building equipment, such as air
conditioners and kitchen ventilation systems, shall be installed away from existing
and proposed noise-sensitive receptors (i.e., residences) or be placed behind
adequate noise barriers.
150. MM REC-1a. Development Impact Fees for Subarea 2. The Applicant for Subarea
2 shall pay a park improvement impact fee equal to the land value, plus twenty
(20) percent of toward the cost of offsite improvement, for the additional 0.21
acres of parkland required to be dedicated pursuant to the provisions of Chapter
16.64.060 of the City Municipal Code. The value of this fee shall be based upon
the fair market value of 0.21 acres, as determined by the formula provided in
Section E of Municipal Code Chapter16.64.060, immediately prior to the filling of
the final map. At the discretion of the Community Development Director, this
requirement may be met by one of several alternative means that would result in
additional dedication of lands for recreational use, such that Project suits the need
for 0.56 acres of required parkland. Potential alternatives include the expansion of
the existing proposed 0.35 neighborhood park to provide more adequate park
space, implementation of trail connections from the property to proposed trails
identified in the City Bicycle and Trails Master Plan, or the connection of the
Project proposed Class I Bikeway located along the Project Residential Collector
road with the City proposed bikeway along Trinity Avenue.
151. MM TRANS-1a. Future development occurring under the proposed Project shall
be required to prepare a Construction Transportation Management Plan for review
and approval by the City prior to issuance of a building permit to address and
manage traffic during construction and shall be designed to:
Prevent traffic impacts on the surrounding roadway network
Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable
Ensure safety for both those constructing the projec t and the
surrounding community
Prevent substantial truck traffic through residential neighborhoods
The Construction Transportation Management Plan shall be subject to review
and approval by the following City departments: Community Development, Public
Works, Fire, and Police, to ensure that the Plan has been designed in
accordance with this mitigation measure. This review shall occur prior to
issuance of grading or building permits. It shall, at a minimum, include the
following throughout the Duration of Construction:
RESOLUTION NO.
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A detailed Construction Transportation Management Plan for work
zones shall be maintained. At a minimum, this shall include parking and
travel lane configurations; warning, regulatory, guide, and directional
signage; and area sidewalks, bicycle lanes, and parking lanes. The
plan shall include specific information regarding the Project’s
construction activities that may disrupt normal pedestrian and traffic
flow and the measures to address these disruptions. Such plans shall
be reviewed and approved by the Community Development
Department prior to commencement of construction and implemented
in accordance with this approval.
Work within the public right-of-way shall be performed between 9:00
AM and 4:00 PM. This work includes dirt and demolition material
hauling and construction material delivery. Work within the public right -
of-way outside of these hours shall only be allowed after the issuance
of an after-hours construction permit.
Streets and equipment shall be cleaned in accordance with estab lished
Public Works requirements.
Trucks shall only travel on a City-approved construction route. Limited
queuing may occur on the construction site itself.
Materials and equipment shall be minimally visible to the public; the
preferred location for materials is to be on-site, with a minimum amount
of materials within a work area in the public right-of-way, subject to a
current Use of Public Property Permit.
Any requests for work before or after normal construction hours within
the public right-of-way shall be subject to review and approval through
the After Hours Permit process administered by the Building and Safety
Division.
Provision of off-street parking for construction workers, which may
include the use of a remote location with shuttle transport to the site, if
determined necessary by the City.
Project Coordination Elements That Shall Be Implemented Prior to
Commencement of Construction:
The traveling public shall be advised of impending construction
activities which may substantially affect key roa dways or other facilities
(e.g., information signs, portable message signs, media
listing/notification, and implementation of an approved Construction
Impact Mitigation Plan).
RESOLUTION NO.
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A Use of Public Property Permit, Excavation Permit, Sewer Permit, or
Oversize Load Permit, as well as any Caltrans permits required for any
construction work requiring encroachment into public rights-of-way,
detours, or any other work within the public right -ofway shall be
obtained.
Timely notification of construction schedules shall be provided to all
affected agencies (e.g., Police Department, Fire Department, Public
Works Department, and Community Development Department) and to
all owners and residential and commercial tenants of property within a
radius of 500 feet.
Construction work shall be coordinated with affected agencies in
advance of start of work. Approvals may take up to two weeks per each
submittal.
Public Works Department approval of any haul routes for earth,
concrete, or construction materials and equipment hauling shal l be
obtained.
152. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be
installed at the intersection of Traffic Way and Fair Oaks Avenue. The Applicant
shall: 1) submit a funding agreement between the owners of the three subareas for
the Traffic Signal Improvements to the City for review and approval; and 2) submit
Traffic Signal Improvement Plans to the City for review and approval, concurrently
with the Project’s public improvement plans. Prior to issuance o f the first certificate
of occupancy, the Applicant shall complete construction of the traffic signal
improvements. The City shall ensure the traffic signal is installed and operational
prior to the issuance of the first certificate of occupancy.
153. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall
modify the lane geometry of the intersection of East Grand Avenue and West
Branch Street in order to create an exclusive right turn lane for the southbound
approach of West Branch Street to East Grand Avenue. The Appli cants shall to
design and install the necessary improvements including widening, restriping, and
curb reconstruction of westbound West Branch Street/ northbound West Branch
Street to meet turning radius requirements of a City bus design vehicle to create
an exclusive right turn lane. The Applicants shall submit plans for the restriping of
West Branch Street including any modifications necessary to the northeast curb
return and sidewalk to provide for design vehicle turning movements to the City for
review and approval from the City Engineer, concurrent with the submittal of the
project’s public improvement plans. Road improvements shall be installed,
inspected, and approved by the City prior to issuance of the first certificate of
occupancy.
RESOLUTION NO.
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154. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall
pay a fair share portion of the design and construction costs for a transportation
improvement that would provide an acceptable LOS consistent with adopted City
policy, in order to mitigate the Project’s long-term impact on the cumulative
condition, using the Equitable Share Responsibility Formula from the 2002
Caltrans Guide for the Preparation of Traffic Impact Studies.
The Applicant shall fund a fair share of the estimated costs for construction of two
roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound
ramps and the intersection of East Branch Street and Traffic Way.
The Applicants shall submit payment of their fair share of funding for the above
mitigation prior to issuance of grading and/or building permits. The City shall
determine the amount of payment of fair shares for each Applicant commensurate
with metrics that demonstrate the relative level and intensity of proposed
development (e.g., square footage, land use type, trip generation, etc.). The City
shall establish a separate East Grand Avenue/West Branch Street traffic mitigation
fund to accept the Applicant’s payment(s).
RESOLUTION NO.
PAGE 68
EXHIBIT C
CONDITIONS OF APPROVAL FOR SUBAREA 3
VESTING TENTATIVE TRACT MAP 15-001
OMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes development per the East Cherry Avenue Specific Plan
(Specific Plan 15-001, General Plan Amendment 15-001, Development Code
Amendment 15-001, or “Specific Plan”), which covers the following entitlements in
the three subareas included in the Specific Plan area:
Subarea 1: Conditional Use Permit 16-001. This includes a 100-room hotel
and 4,000 SF restaurant on 2.16 acres, owned by SRK Hotels.
Subarea 2: Vesting Tentative Tract Map 15-001 (VTTM 3081). This includes
up to 58 residential dwelling units and related amenities on 11.62 acres (less
0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, owned by
Mangano Homes, Inc.
Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden
and related amenities on a property owned by the Arroyo Grande Japanese
Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be
transferred from Subarea 2.
The following conditions and mitigation measures apply to Subarea 3 only:
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval and applicable mitigation
measures included in the E. Cherry Avenue Specific Plan Environmental Impact
Report as certified. These are included as conditions 117 through 150.
4. This application shall automatically expire on [September 27, 2018] unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant
may apply for an extension of one (1) year from the original date of expiration.
5. Development shall conform to the land use and zoning requirements described
within the Specific Plan as approved on [September 27, 2016].
6. Development shall occur in substantial conformance with the plans presented to the
City Council at the meeting of [September 27, 2016], on file in the Community
Development Department.
RESOLUTION NO.
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7. The applicant shall agree to indemnify and defend at his/her sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but such
participation shall not relieve applicant of his/her obligations under this condition.
8. A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
9. At the time of application for construction permits, plans submitted shall show all
development consistent with the approved site plan, floor plan, architectural
elevations and landscape plan.
10. Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code. Prior to issuance of a building permit, all illegal signs shall be removed.
11. Development shall comply with Development Code Sections 16.48.070, “Fences,
Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening
Requirements”.
12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development
plans including those specifically modified by the East Cherry Avenue Specific Plan
or these conditions.
13. The developer shall comply with Development Code Chapter 16.56, “Parking and
Loading Requirements”.
14. Trash enclosures shall be screened from public view with landscaping or other
appropriate screening materials, and shall be made of an exterior finish that
complements the architectural features of the main building(s). The trash enclosure
area shall be designed to provide adequate space for collecting and storing solid
waste and recyclable materials, including mixed recycling, separated cardboard and
food waste/organics (when appropriate). All solid waste and recycling area
enclosures that are not located inside a building shall have roofs to prevent
contaminants from washing into the storm drain system. The roof shall extend past
any open sides. Additionally, the roof shall not overhang the front gate so that the
garbage trucks can access the bins.
15. Final design and location of the trash enclosure(s) shall be reviewed by the
Architectural Review Committee and approved by the Community Development
Director.
RESOLUTION NO.
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16. The applicant shall obtain and submit to the City written approval from South County
Sanitary for all proposed trash receptacle pick up locations.
17. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code, augmented by
requirements included in mitigation measure NOI-1a. Construction activities shall be
restricted to the hours of 7 AM and 7 PM Monday through Friday. No construction
shall occur on Saturday or Sunday.
18. At the time of application for construction permits, the applicant shall provide details
on any proposed exterior lighting, if applicable. The lighting plan shall include the
height, location, and intensity of all exterior lighting consistent with Section 16.48.090
of the Development Code. All lighting fixtures shall be shielded so that neither the
lamp nor the related reflector interior surface is visible from adjacent properties. All
lighting for the site shall be downward directed and shall not create spill or glare to
adjacent properties. All lighting shall be energy efficient (e.g. LED).
19. All new construction shall utilize fixtures and designs that minimize water and energy
usage. Such fixtures shall include, but are not limited to, low flow showerheads,
water saving toilets, greywater reuse systems, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed prior
to final occupancy.
20. Landscaping in accordance with an approved landscaping plan shall be installed or
bonded for before final building inspection/establishment of use. The landscape
plan, irrigation plan and landscape documentation package shall be prepared by a
licensed landscape architect subject to review and approval by the Community
Development and Public Works Departments prior to issuance of building permit.
The landscape plan shall be in conformance with Development Code Chapter 16.84
(Water Efficient Landscape Requirements) and the State Department of Water
Resource’s Model Water Efficient Landscape Ordinance and shall include the
following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
d. Deep root planters shall be included in areas where trees are within five feet
(5’) of asphalt or concrete surfaces and curbs;
e. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants.
f. An automated irrigation system using smart controller (weather based)
technology.
RESOLUTION NO.
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g. A dedicated landscape meter for the commercial landscape areas greater than
1,000 square feet and for residential areas greater than 5,000 square feet.
h. A landscape meter shall be installed on the existing water well, to remain, and
service Subarea 3 only.
i. The selection of groundcover plant species shall include native plants.
j. Linear planters shall be provided in parking areas.
k. No more than 25% of the total landscaped area can be turf in residential areas;
turf is not allowed in commercial areas.
21. For projects approved with specific exterior building colors, the developer shall paint
a test patch on the building including all colors. The remainder of the building may
not be painted until inspected by the Community Development Department to verify
that colors are consistent with the approved color board. A 48-hour notice is
required for this inspection.
22. All new electrical panel boxes shall be installed inside the building(s).
23. All Fire Department Connections (FDC) shall be located near a fire hydrant, adjacent
to a fire access roadway, away from the public right-of-way, incorporated into the
design of the site, and screened to the maximum extent feasible.
24. Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
25. All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from public
view with materials architecturally compatible with the main structure. It is especially
important that gas and electric meters, electric transformers, and large water piping
systems be completely screened from public view. All roof-mounted equipment
which generates noise, solid particles, odors, etc., shall cause the objectionable
material to be directed away from residential properties.
26. All conditions of this approval run with the land and shall be strictly adhered to, within
the time frames specified, and in an on-going manner for the life of the project.
Failure to comply with these conditions of approval may result in an immediate
enforcement action. If it is determined that violation(s) of these conditions of
approval have occurred, or are occurring, this approval may be revoked pursuant to
Development Code Section 16.08.100.
SUBDIVISION CONDITIONS
27. The developer shall comply with Development Code Chapter 16.68 "Improvements"
or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and
Development Code differ, the Specific Plan shall prevail.
RESOLUTION NO.
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INCLUSIONARY HOUSING
28. The developer shall comply with Development Code Chapter 16.80 “Inclusionary
Affordable Housing Requirements”.
BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS
BUILDING CODES
29. The project shall comply with the most recent editions of all California Building and
Fire Codes, as adopted by the City of Arroyo Grande.
FIRE LANES
30. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
31. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
32. Project shall have a fire flow of 1500 gallons per minute for a duration of two (2)
hours.
33. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
SECURITY KEY BOX
34. The applicant must provide an approved "security key vault," per Building and Fire
Department guidelines and per the California Fire Code.
FIRE SPRINKLER
35. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code.
36. Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards.
RESOLUTION NO.
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ABANDONMENT / NON-CONFORMING
37. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
DEMOLITION PERMIT / RETAINING WALLS
38. A demolition permit must be applied for, approved and issued for existing structures
to be removed prior to new development. All asbestos and lead shall be verified if
present and abated prior to permit issuance.
ENGINEERING DIVISION CONDITIONS
POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL
BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE
PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE
39. The Applicant shall develop, implement and provide the City a:
a. Stormwater Control Plan that clearly provides engineering analysis of all Water
Quality Treatment, Runoff Retention, and Peak Flow Management controls.
b. Operations and Maintenance Plan and Maintenance Agreements that clearly
establish responsibility for all Water Quality Treatment, Runoff Retention, and
Peak Flow Management controls.
c. Annual Maintenance Notification indicating that all Water Quality Treatment,
Runoff Retention, and Peak Flow Management controls have been maintained
and are functioning as designed.
d. All reports must be completed by either a Registered Civil Engineer or Qualified
Stormwater Pollution Prevention Plan Developer (QSD).
40. Prior to any Permit – Stormwater Control Plan. The Stormwater Control Plan
must include, at minimum:
Contents:
a. Project information including project name; application number; location; parcel
numbers; applicant contact information; land use information; site area;
existing, new, and replaced impervious area, and applicable PCR requirements
and exceptions.
b. Narrative analysis or description of site features and conditions, and
opportunities and constraints for stormwater control.
c. Narrative description of site design characteristics that protect natural
resources including endangered species habitat, protected vegetation, and
archaeological resources, and preserve natural drainage features, minimize
imperviousness, and disperse runoff from impervious areas.
d. Tabulation of proposed pervious and impervious DMAs, showing self-treating
areas, self-retaining areas, areas draining to self-retaining areas, and areas
tributary to each LID facility.
RESOLUTION NO.
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e. Proposed sizes, including supporting calculations, for each LID facility.
f. Narrative description of each DMA and explanation of how runoff is routed from
each impervious DMA to a self-retaining DMA or LID facility.
g. Description of site activities and potential sources of pollutants.
h. Table of pollutant sources identified from the list in Appendix A and for each
source, the source control measure(s) used to reduce pollutants to the
maximum extent practicable.
i. Description of signage for bioretention facilities.
j. General maintenance requirements for bioretention facilities and site design
features.
k. Means by which facility maintenance will be financed and implemented in
perpetuity.
l. Statement accepting responsibility for interim operation & maintenance of
facilities.
Exhibits:
a. Existing natural hydrologic features (depressions, watercourses, relatively
undisturbed areas) and significant natural resources.
b. Proposed design features and surface treatments used to minimize
imperviousness and reduce runoff.
c. Existing and proposed site drainage network and connections to drainage off-
site.
d. Entire site divided into separate Drainage Management Areas (DMAs). Each
DMA has a unique identifier and is characterized as self-retaining (zero-
discharge), self-treating, or draining to a LID facility.
e. Proposed locations and footprints of LID facilities.
f. Potential pollutant source areas, including loading docks, food service areas,
refuse areas, outdoor processes and storage, vehicle cleaning, repair or
maintenance, fuel dispensing, equipment washing, etc.
41. Prior to Final Approval - Operations and Maintenance Plan. The Operations and
Maintenance Plan must include, at minimum:
a. Stormwater Control Measures report number
b. A site map identifying all Stormwater Control Measures requiring Operations
and Maintenance practices to function as designed.
c. Operations and Maintenance Procedures for each structural stormwater control
measure including, but not limited to, Low Impact Design facilities, retention
and detention basins, and manufactured or propriety devices operations and
maintenance.
d. Short-and long-term maintenance requirements, recommended frequency of
maintenance, and estimated cost for maintenance.
42. Prior to Occupancy - Maintenance Agreement. The Applicant shall provide a
signed statement accepting responsibility for the Operations and Maintenance of the
installed Storm Water Control Measures. The Applicant shall include written
RESOLUTION NO.
PAGE 75
conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally
enforceable mechanism that require the assumed responsibility for the Operations
and Maintenance of Stormwater Control Facilities. Additionally, the signed
statement shall include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion dates of the following milestones
i. Construction
ii. Field verification of Stormwater Control Facilities
iii. Final Project approval/occupancy
d. Party responsible for O&M
e. Source of funding for O&M
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
43. Annual - Maintenance Notification. The Owner/Applicant shall provide a signed
statement notifying the City of all maintenance of the installed Storm Water Control
Measures. Additionally, the signed statement shall include the following information:
a. Stormwater Control Measures Report Number
b. The location and address of Storm Water Control Facilities
c. Completion date of the maintenance activities
d. Party responsible for O&M
e. Source of funding for O&M
f. Statement indicating the Storm Water Control Facilities are Maintained as
required in the Operations and Maintenance Plan and facilities continues to
function as designed or have been repaired or replaced
g. Statement describing any vector or nuisance problems.
GENERAL CONDITIONS
44. The developer shall be responsible during construction for cleaning City streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer f acilities shall not be permitted. The
cleaning shall be done after each day’s work or as directed by the Director of
Public Works, the Community Development Director or his/her representative.
45. Perform construction activities related to inspection during normal business hours
(Monday through Friday, 7 A.M. to 5 P.M.). The developer or contractor shall refrain
from performing any work subject to inspection other than site maintenance outside
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.
RESOLUTION NO.
PAGE 76
46. All residential units shall be designed to mitigate impacts from non-residential
project noise, in compliance with the City’s noise regulations.
47. All project improvements shall be designed and constructed in accordance with the
most recent version of the City of Arroyo Grande Standard Specifications and
Engineering Standards.
48. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director. One (1) set of paper prints and an
electronic version on CD in both AutoCAD and PDF format shall be required.
49. Submit three (3) full-size paper copies and one PDF file of approved improvement
plans for inspection purposes during construction.
50. Record Drawings (“as-built” plans) are required to be submitted prior to release of
the Faithful Performance Bond.
51. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie-out survey
monuments or vertical control bench marks within 24 inches of work. Should any
existing survey monument be disturbed or destroyed during construction, it must be
reset at the previous location. Should any existing bench mark be disturbed or
destroyed during construction, a new one must be set at a nearby, but different,
location than the existing, as determined by the City Engineer. For monuments, a
Corner Record must be filed with the County and a copy delivered to the City
Engineer. For bench marks, documentation of the bench mark and how it was reset
must be delivered to the City Engineer prior the project acceptance or sign off of the
Encroachment Permit.
52. Provide new vertical control survey bench mark, per City Standard, as directed by
City Engineer.
IMPROVEMENT PLANS
53. Improvement plans (including the following) shall be prepared by a registered Civil
Engineer or qualified specialist licensed in the State of California in compliance with
Engineering Standard 1010 and approved by the Public Works or Community
Development Department:
a. Grading
b. Retaining Walls
c. Roadway Improvements
d. Cross Sections
e. Storm Drainage
RESOLUTION NO.
PAGE 77
f. Utilities - Water and Sewer Plan and Profile
g. Utilities – Composite Utility
h. Signing and Striping
i. Erosion Control
j. Landscape and Irrigation Plans for Public Right-of-Way
k. Details
l. Other improvements as required by the Community Development Director.
m. (NOTE: All plan sheets must include City standard title blocks)
n. Engineers estimate for construction cost based on County of San Luis Obispo
unit cost.
54. Improvement plans shall include plan and profile of existing and proposed streets,
utilities and retaining walls.
55. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards.
56. Prior to approval of an improvement plan the applicant shall enter into an agreement
with the City for inspection of the required improvements.
57. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way.
STREET IMPROVEMENTS
58. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to a slurry seal.
59. All street repairs shall be constructed to City standards.
60. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City.
61. Street structural sections shall be determined by an R-Value soil test, but shall not
be less than 3” of asphalt and 6” of Class II AB.
62. If intended to be public streets, Public Local Streets must be designed in compliance
with Engineering Standards 7010 and shall adhere to the following design
standards:
a. 40 feet street width from curb to curb.
b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of
the street.
c. 52 feet wide right-of-way.
d. 25 mile per hour design speed.
e. TI = 6.5
RESOLUTION NO.
PAGE 78
63. Each subarea must complete road widening work on East Cherry Avenue for
property frontage. Road widening transitions must be completed to the satisfaction
of the City Engineer.
CURB, GUTTER, AND SIDEWALK
64. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
65. Color any such new facilities as directed by the Community Development Director.
66. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards.
67. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
68. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach
shall be repaired or replaced to the satisfaction of the Public Works Director.
DEDICATIONS AND EASEMENTS
69. The property owner shall offer for dedication to the public the right-of-way for the
following street:
East Cherry Avenue
70. A private/public water main easement shall be reserved through the property from
the terminus of Launa Lane to Subarea 2.
71. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent
to street right-of-way adjacent to East Cherry Avenue. The PUE shall be wider
where necessary for the installation or maintenance of the public utility vaults, pads,
or similar facilities.
72. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right-of-ways on East Cherry Avenue. Street tree easements shall be a
minimum of 10 feet beyond the right-of-way, except that street tree easements shall
exclude the area covered by public utility easements.
73. Subarea 3 shall provide a 15’ wide PUE.
RESOLUTION NO.
PAGE 79
74. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, shall be prepared by the applicant on 8 1/2 x 11 City standard
forms, and shall include legal descriptions, sketches, closure calculations, and a
current preliminary title report. The applicant shall be responsible for all required
fees, including any additional required City processing.
GRADING AND DRAINAGE
75. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2)
copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention
Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San
Luis Obispo Regional Water Quality Control Board (RWCB) requirements.
76. All grading shall be performed in accordance with the City Standard Specifications
and Engineering Standards and City Grading Ordinance.
77. All drainage facilities shall be designed to accommodate a 100-year storm flow.
78. Submit a soils report for the project shall be prepared by a registered Civil Engineer
and supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
79. The applicant shall dedicate a pedestrian access easement(s) for any ADA sidewalk
extension.
80. Infiltration basins shall be designed based on soil tests. Infiltration test shall include
a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or
tests may be required if the analysis or soil conditions are inconclusive.
81. The applicant shall submit an engineering study regarding flooding related to the
project site. The study shall be approved by the City Engineer. Any portions of the
site subject to flooding from a 100-year storm shall be shown on the tentative map or
other recorded document, and shall be noted as a building restriction.
82. The applicant shall provide on-site storm water retardation facilities designed and
constructed to Public Works and Community Development requirements, and the
following:
a. The 100-year basin outflow shall not exceed the pre-development flow.
b. The 100-year basin outflow shall be limited to a level which does not cause the
capacity of existing downstream drainage facilities to be exceeded.
c. The basin shall be fully constructed and functional prior to occupancy for any
building permit within the project.
d. The basin shall be maintained by a homeowner’s association. The City shall
approve the related language in the association CC&R’s prior to recordation.
e. The maintenance district shall be recorded concurrently with the map.
RESOLUTION NO.
PAGE 80
WATER
83. Whenever possible, all water mains shall be looped to prevent dead ends. The
Public Works Director must grant permission to dead end water mains.
84. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
85. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to
structures and/or landscape irrigation (commercial development only).
86. A Double Detector Check (DDC) valve shall be placed inside the building or adjacent
to the building. Other locations for the DDC shall be approved by the Director or
Community Development.
87. Each parcel shall have separate water meters.
88. Non-potable water for construction purposes is available at the Soto Sports
Complex. The City of Arroyo Grande does not allow the use of hydrant meters.
89. Fire sprinklers shall have individual service connections. If the units are to be fire
sprinkled, a fire sprinkler engineer shall determine the size of the water meters.
90. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
SEWER
91. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8”.
92. All sewer laterals within the public right-of-way must have a minimum slope of 2%.
93. Existing sewer laterals to be abandoned shall be properly abandoned and capped at
the main per the requirements of the Public Works Director.
94. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for
the appropriate use, minimum 4”.
95. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
96. Obtain approval from the South County Sanitation District for the development’s
impact to District facilities prior to permit issuance.
RESOLUTION NO.
PAGE 81
97. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
98. The applicant must obtain a will-serve letter from the South San Luis Obispo County
Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite
wastewater collection system to serve the project.
PUBLIC UTILITIES
99. The developer shall comply with Development Code Section 16.68.050: All projects
that involve the addition of over 100 square feet of habitable space shall be required
to place service connections underground - existing and proposed utilities. The
existing above ground utilities that traverse Subarea 2 and 3 must be placed
underground prior to the recordation of the Tract Map for Subarea 2.
100. Prior to approving any building permit within the project for occupancy, all conditions
of approval for project must be satisfied.
101. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to the
City Engineer for approval.
102. On streets 40’ or less in width, street lights shall be placed at least 200’ – 250’ apart,
or potentially less frequently to minimize impacts on the existing dark night sky
views, if it can be found that sufficient public safety is maintained. On streets greater
than 40’ in width, a street lighting plan shall be designed and submitted to the
Community Development Director for approval. Consideration shall be given to
minimizing impacts to views of the existing dark night sky, consistent with Mitigation
Measure VIS-4a as included in these conditions and the East Cherry Avenue
Specific Plan.
103. Applicant shall fund outsourced plan and map check services, as required.
TREE PRESERVATION/TREE REMOVAL PLAN
104. Prior to issuance of grading permit and during construction the applicant shall
comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance.
105. Prior to issuance of a grading or building permit, the developer shall submit a tree
preservation and tree removal plan to the Director of Public Works/City Arborist for
undeveloped parcels or lots with trees. The plan shall include the location, size and
species of all trees located on the lot or on adjoining lots, where development could
affect the roots or limbs of trees on adjacent property.
RESOLUTION NO.
PAGE 82
106. All significant trees to be removed as designated by the Director of Public
Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the
approval of the Public Works Director, tree removal shall be mitigated by planting on
site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15
gallon tree). Larger trees may be required to mitigate tree removal. Prior to
issuance of a grading permit, all trees shall be planted or fees paid.
107. Prior to issuance of a grading permit, all trees to remain on site shall be marked with
paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence
shall be located at a minimum of eight (8') foot radius from the trunk of the tree.
108. All trees on the construction site to be preserved shall be protected under the
conditions of the Community Tree Ordinance (431 C.S.) which include but are not
limited to:
a. No mechanical trenching within the drip line of a tree, unless approved
by the Parks and Recreation Director.
b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of
any tree.
c. No grading shall occur under a trees dripline, unless approved by the
Public Works Director.
d. A five foot (5') protective fence shall be constructed a minimum of 8'
from the trunk of each tree.
109. All trees to be pruned shall be pruned under supervision of a Certified Arborist using
the International Society of Arboriculture Pruning Standards.
PUBLIC SAFETY
110. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
111. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped
parking, per Police Department requirements.
FEES AND BONDS
112. The applicant shall pay all applicable City fees, including the following:
FEES TO BE PAID PRIOR TO PLAN SUBMITTAL
a.___ Plan check for grading plans.
(Based on an approved earthwork estimate)
RESOLUTION NO.
PAGE 83
b.___ Plan check for improvement plans.
(Based on an approved construction cost estimate)
c.___ Permit Fee for grading plans.
(Based on an approved earthwork estimate)
d.___ Inspection Fee of subdivision or public works construction plans.
(Based on an approved construction cost estimate)
e.___ Plan Review Fee
(Based on the current Building Division fee schedule)
FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT
a.___ Water Neutralization fee, to be based on codes and rates in effect
at the time of building permit issuance, involving water connection or
enlargement of an existing connection.
b.___ Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.04.030.
c.___ Water Meter charge to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22.
d.___ Water Availability charge, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with - (not
correct).
e.___ Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
Res. 3021.
f.___ Traffic Signalization fee, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with Ord. 346
C.S., Res. 1955.
g.___ Sewer Connection fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.12.190.
h.___ South San Luis Obispo County Sanitation District Connection
fee in accordance with Municipal Code Section 13.12.180.
i.___ Drainage fee, as required by the area drainage plan for the area
being developed.
j.___ Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
effect at the time of building permit issuance in accordance with Ord.
313 C.S.
k.___ Construction Tax, the applicant shall pay a construction tax pursuant
to Section 3-3.501 of the Arroyo Grande Municipal Code.
l.___ Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
RESOLUTION NO.
PAGE 84
m.___ Strong Motion Instrumentation Program (SMIP) Fee, to be based
on codes and rates in effect at the time of development in accordance
with State mandate.
n.___ Building Permit Fee, to be based on codes and rates in effect at the
time of development in accordance with Title 8 of the Municipal Code.
113. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary
[or robbery] alarm system per Police Department guidelines, and pay the Police
Department alarm permit application fee of ($30.00).
BONDING SURETY
114. Erosion Control, prior to issuance of the grading or building permit, all new
residential construction requires posting of a $1,200.00 performance bond for
erosion control and damage to the public right-of-way. This bond is refundable upon
successful completion of the work, less expenses incurred by the City in maintaining
and/or restoring the site.
EIR MITIGATION MEASURES
115. MM VIS-1a. The Architectural Review Committee shall review Project design and
consider impacts to the scenic resources available on or adjacent to the Project
site, with particular consideration to the Santa Lucia Mountains. This includes the
review of building siting, height, massing, design, and setbacks. The Architectural
Review Committee shall determine whether structures obs truct important views of
scenic resources, and/or propose design alterations to reduce impacts to
important views of scenic resources.
116. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall
consider the minimization of the number streetlights along East Cherry Avenue to
reduce lighting effects upon the visual quality nighttime sky. However, the
Architectural Review Committee shall allow adequate streetlights and security
lighting for public safety.
117. MM AG-2a. The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss
of 1.74 acres of prime farmland soils within Subarea 3 pursuant to General Plan
Goal Ag1 and related policies. At the dis cretion of the City Council, options may
include, but not be limited to: 1) Applicant to purchase a parcel of land (size to be
determined by City Council) to be put into an agricultural Conservati on easement;
2) Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and
preserving agricultural land; 3) Council may determine that the 9.79 -acre parcel
intended to mitigate the loss of prime soils for Subarea 2 also mitigates impacts
within Subarea 3; or 4) any other approach determined to be acceptable to the
City Council to satisfy the intent of General Plan Goal Ag1 and related policies.
RESOLUTION NO.
PAGE 85
In making their determination, the City Council may consider the following
circumstances: 1) the loss of prime agricultural land for the entire Specific Pl an
area, including for Subarea 3, is considered less than significant based on the
LESA methodology (see Impact AG-1); and 2) Subarea 3 has not historically been
in agricultural production.
Based on the above considerations, on July 26, 2016, the City Co uncil determined
that no additional mitigation measures (either dedicated land or fees) will be
required, provided that development for Subarea 3 is in substantial conformance
with what is described in the Specific Plan.
118. MM AQ-1a. The following standard air quality mitigation measures shall be
implemented during construction activities at the Project site:
Reduce the amount of disturbed area where possible;
Water trucks or sprinkler trucks shall be used during construction to
keep all areas of vehicle movement damp enough to prevent dust from
leaving the site. At a minimum, this would require twice -daily
applications. All dirt stock pile areas should be sprayed daily as
needed. Increased watering frequency would be required when wind
speeds exceed 15 miles per hour (mph). Reclaimed water (non-
potable) shall be used when possible;
All dirt stock pile areas should be sprayed daily as needed;
Permanent dust control measures identified in the approved project
revegetation and landscape plans should be implemen ted as soon as
possible following completion of any soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading shall be sown with a fast
germinating native grass seed and watered u ntil vegetation is
established;
All disturbed soil areas not subject to revegetation shall be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD;
All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders are
used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
RESOLUTION NO.
PAGE 86
All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or shall maintain at least two feet of freeboard in accordance
with California Vehicle Code Section 23114;
Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or wash off trucks and equipment leaving the site;
Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible;
All of these fugitive dust mitigation measures shall be shown on grading
and building plans; and
The contractor or builder should designate a person or persons to
monitor the fugitive dust control emissions and enhance the
implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20% opacity, and to prevent
transport of dust offsite. Their duties shall include holiday and weekend
periods when work may not be in progress. The name and telephone
number of such persons shall be provided to the APCD Compliance
Division prior to the start of any grading, earthwork or demolition.
119. MM AQ-1B. The following standard air quality mitigation measures for
construction equipment shall be implemented during construction act ivities at the
project site:
Maintain all construction equipment in proper tune according to
manufacturer’s specifications;
Fuel all off-road and portable diesel powered equipment with CARB-
certified motor vehicle diesel fuel (non -taxed version suitable for use
off-road).
Use diesel construction equipment meeting ARB’s Tier 2 certified
engines or cleaner off -road heavy-duty diesel engines, and comply with
the State off-Road Regulation;
Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner
certification standard for on-road heavy-duty diesel engines and comply
with the State On-Road Regulation;
Construction or trucking companies with fleets that do not have engines
in their fleet that meet the engine standards identified in the above two
measures (e.g. captive or NOx exempt area fleets) may be eligible by
proving alternative compliance;
RESOLUTION NO.
PAGE 87
On- and off-road diesel equipment shall not be allowed to idle for more
than five minutes. Signs shall be posted in the designated queuing
areas to remind drivers and operators of the five-minute idling limit;
Diesel idling within 1,000 feet of sensitive receptors in not permitted;
Staging and queing areas shall not be loated within 1,000 feet of
sensitive receptors;
Electrify equipment when feasible;
Substitute gasoline-powered in place of diesel-powered equipment,
where feasible; and,
Use alternatively fueled construction equipment on -site where feasible,
such as compressed natural gas (CNG), liquefied natural gas (LNG),
propane or biodiesel.
120. MM AQ-1c. A Construction Activity Management Plan shall be included as part of
project grading and building plans and shall be submitted to the APCD for review
and to the City for approval prior to the start of construction. In addition, the
contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent
transport of dust off-site. Their duties shall include holidays and weekend periods
when work may not be in progress. The name and telepho ne of such persons shall
be provided to the APCD prior to land use clearance for map recordation and
grading. The plan shall include but not be limited to the following elements:
Schedule construction truck trips during non-peak hours (as
determined by the Public Works Director) to reduce peak hour
emissions;
Tabulation of on and off-road construction equipment (age, horse-
power and miles and/or hours of operation;
Limit the length of the construction work-day period, if necessary; and,
Phase construction activities, if appropriate.
121. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating
phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less,
such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint).
122. MM AQ-2a. The Applicants shall include the following:
RESOLUTION NO.
PAGE 88
Water Conservation Strategy: The Applicants shall install fixtures with
the EPA WaterSense Label, achieving 20 percent reduction indoors.
The Project shall install drip, micro, or fixed spray irrigation on all
plants other than turf, also including the EPA WaterSense Label,
achieving 15 percent reduction in outdoor landscaping.
Solid Waste: The Applicants shall institute recycling and composting
services to achieve a 15 percent reduction in waste disposal, and use
waste efficient landscaping.
Fugitive Dust: The Applicants shall replace ground cover of at least 70
percent of area disturbed in accordance with CARB Rule 403.
123. MM AQ-2b. Consistent with standard mitigation measures in Table 3 -5 of the
APCD CEQA Air Quality Handbook, the following mitigation measures would
apply to the Project. [SEE THE MITIGATION MONITORING AND REPORTING
PROGRAM FOR THE COMPLETE LIST OF MEASURES.]
124. MM AQ-3a. The Applicants shall implement the following Best Available Control
Technology (BACT) for diesel-fueled construction equipment, where feasible, to
minimize the exposure of diesel exhaust to sensitive receptors:
Further reduce emissions by expanding use of Tier 3 and Tier 4 off -
road and 2010 on-road compliant engines;
Repowering equipment with the cleanest engines available; and,
Installing California Verified Diesel Emission Control Strategies.
125. MM AQ-3b. The Applicants shall ensure that all equipment used in operational
activities has the necessary APCD permits when appropriate. To minimize
potential delays, prior to the start of development within each subarea, the APCD’s
Engineering Division shall be contacted for specific information regarding
permitting requirements.
126. MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the
Applicants shall coordinate with the City Public Works and Community
Development Department and work with SLORTA and SCT to establish a
sheltered transit stop on East Cherry Avenue near the Project site.
127. MM BIO-1a. Construction equipment and vehicles shall be stored at least 100 feet
away from areas associated with the existing drainage and adjacent oak woodland
habitat, and all construction vehicle maintenance shall be performed in a
designated vehicle storage and maintenance area.
RESOLUTION NO.
PAGE 89
128. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction
shall be conducted between September 1 and January 31, outside of the primary
nesting season for birds, unless City-approved preconstruction nesting bird
surveys are conducted that determine if any active nests would be impacted by
project construction. If no active nests are found, then no further mitigation shall
be required. If any active nests are found, then these nest sites shall be avoided
with the establishment of a non-disturbance buffer zone around active nest, which
shall be in place until the adults and young of the year no longer rely on the nest
site for survival. The study, surveys, findings, and recommendations shall be
prepared by a City approved qualified biologist. Compliance shall be verified by the
Project Environmental Monitor through submission of compliance reports.
129. MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan
shall be developed per California Occupational Safety and He alth Administration
(Cal/OSHA) requirements. All construction employees that have the potential to
come into contact with contaminated soil/bedrock and safety plan, which includes
proper training and personal protective equipment.
130. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate
or minimize construction worker or general public exposure to lead and other
potential contaminants in soil. Procedures shall include efforts to control fugitive
dust, contain and cover excavation debris piles, appropriate laboratory analysis of
soil for waste characterization, and segregation of contaminated soil from
uncontaminated soil. The applicable regulations associated with excavation,
removal, transportation, and disposal of contaminated soil shall be followed (e.g.,
tarping of trucks and waste manifesting).
131. MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of
soil/bedrock and groundwater shall be conducted to assess potential releases
associated with the listed former adjacent land uses and the potential migration of
contaminants onto the Project site. The analytical suite selected shall be
consistent with those uses, and shall include applicable analytical methods for
appropriate waste characterization and disposal. The sampling strategy shall take
into account the locations of potential source areas, and the anticipated lateral and
vertical distribution of contaminants in soil and/or groundwater. The results of the
investigation shall be documented in a report that is signed by a California
Professional Geologist. The report shall include recommendations based upon the
findings for additional investigation/remediation if contaminants are detected
above applicable screening levels (e.g., excavate and dispose, groundwater
and/or soil vapor extraction, or in situ bioremediation).
132. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire
Emergency Management Plan for review by the FCFA and the City. The Plan shall
consist of measures to reduce the pot ential for structural damage to the proposed
development including:
RESOLUTION NO.
PAGE 90
A detailed description and map of fire protection apparatus and
staging locations, the locations of the electric and gas shut off controls,
emergency meeting locations, and emergency supply locations; and
Relevant building design specifications that would qualify the building
for identification as a safe refuge during a wildfire.
133. MM HAZ-4b. Require fire resistant material to be used for building construction in
fire hazard areas. Require the installation of smoke detectors in all new
residences.
134. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall
include an inspection of the deadwood and leaf litter, which shall be removed
annually prior to the beginning of fire season.
135. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire
resistant native species. Non-native species shall not be included in the final
landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define
precisely the final location and character of trees, as well as locations and types of
new plantings.
136. MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall
file a Notice of Intent (NOI) for discharge from the proposed development site.
137. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require
the building contractor to prepare and submit a Storm Water Pollution Prevention
Plan (SWPPP) to the City Public Works Department prior to the issuance of
grading permits. The contractor is responsible for understanding the State General
Permit and implementing the SWPPP during construction. A SWPPP for site
construction shall be developed prior to the initiation of grading and implemented
for all construction activities on the Project site in excess of one acre, or where the
area of disturbance is less than one acre but is part of the Project’s plan of
development that in total disturbs one or more acres. The SWPPP shall include
specific BMPs to control the discharge of material from the site. BMP methods
may include, but would not be limited to, the use of temporary detention basins,
straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil
stabilizers. Additional BMPs should be implemented for any fuel storage or fuel
handling that could occur onsite during construction. The SWPPP must be
prepared in accordance with the guidelines adopted by the State Water Resources
Control Board (SWRCB). The SWPPP shall be submitted to the City along wi th
grading/development plans for review and approval.
138. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a
notice of termination of construction of the development with the RWQCB,
identifying how pollution sources were controlled during the construction of the
Project and implementing a closure SWPPP for the site.
RESOLUTION NO.
PAGE 91
139. MM HYD-1d. All required actions shall be implemented pursuant to Municipal
Code 13.24.110 including Storm Water Control Plan submitted to the City of
Arroyo Grande and the RWQCB regulations under the NPDES Phase II program.
140. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management
Practice (BMP) devices shall be incorporated into the project Final Master
Drainage Plan. The devices shall be sited and sized to intercept and treat all dry
weather surface runoff, the runoff from 28 percent of the 2 -year storm event, and
accommodate the first flush (1 inch) during 24 -hour storm events. The storm water
quality system must be reviewed and approved by the City.
141. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall
prepare a development maintenance manual for the Project, which shall include
detailed procedures for maintenance and operations of any stormwater facilities to
ensure long-term operation and maintenance of post-construction stormwater
controls. The maintenance manual shall require that stormwater BMP devices be
inspected, cleaned and maintained in accordance with the manufacturer’s
maintenance specifications. The manual shall require that devices be cleaned
prior to the onset of the rainy season (i.e., October 15th) and immediately after the
end of the rainy season (i.e., May 15th). The manual shall also require that all
devices be checked after major storm events.
142. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer
or acceptable maintenance organization shall submit to the City of Arroyo Grande
Public Works Department a detailed report prepared by a licensed Civil Engineer
addressing the condition of all private stormwater facilities, BMPs, and any
necessary maintenance activities on a semi-annual basis (October 15th and April
15th of each year). The requirement for maintenance and report submittal shall be
recorded against the property.
143. MM NOI-1a. For all construction activity at the Project site, additional noise
attenuation techniques shall be employed as needed to ensure that noise levels
are maintained within levels allowed by the City’s Noise Standards. Such
techniques shall include, but are not limited to:
Sound blankets on noise-generating equipment.
Stationary construction equipment that generates noise levels above
65 dBA at the project boundaries shall be shielded with a barrier that
meets a sound transmission class (a rating of how well noise barriers
attenuate sound) of 25.
All diesel equipment shall be operated with closed engine doors and
shall be equipped with factory-recommended mufflers.
RESOLUTION NO.
PAGE 92
The movement of construction -related vehicles, with the exception of
passenger vehicles, along roadways adjacent to sensitive receptors
shall be limited to the hours between 7:00 A.M. and 7:00 P.M. Monday
through Friday. No movement of heavy equipment shall occur on
Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor
Day).
Temporary sound barriers shall be constructed between construction
sites and affected uses.
144. MM NOI-1b. The contractor shall inform residents and business operators at
properties within 300 feet of the Project site of proposed construction timelines
and noise complaint procedures to minimize potential annoyance related to
construction noise. Noise-related complaints shall be directed to the City’s
Community Development Department.
145. MM NOI-3a. All noise-generating rooftop building equipment, such as air
conditioners and kitchen ventilation systems, shall be installed away from existing
and proposed noise-sensitive receptors (i.e., residences) or be placed behind
adequate noise barriers.
146. MM TRANS-1a. Future development occurring under the proposed Project shall
be required to prepare a Construction Transportation Management Plan for review
and approval by the City prior to issuance of a building permit to address and
manage traffic during construction and shall be designed to:
Prevent traffic impacts on the surrounding roadway network
Minimize parking impacts both to public parking and access to private
parking to the greatest extent practicable
Ensure safety for both those constructing the project and the
surrounding community
Prevent substantial truck traffic through residential neighborhoods
The Construction Transportation Management Plan shall be subject to
review and approval by the following City departments: Community
Development, Public Works, Fire, and Police, to ensure that the Plan
has been designed in accordance with this mitigation measure. This
review shall occur prior to issuance of grading or building permits. It
shall, at a minimum, include the following throughout the Duration of
Construction:
A detailed Construction Transportation Management Plan for work
zones shall be maintained. At a minimum, this shall include parking
RESOLUTION NO.
PAGE 93
and travel lane configurations; warning, regulatory, guide, and
directional signage; and area sidewalks, bicycle lanes, and parking
lanes. The plan shall include specific information regarding the
Project’s construction activities that may disrupt normal pedestrian and
traffic flow and the measures to address these disruptions. Such plans
shall be reviewed and approved by the Community Development
Department prior to commencement of construction and implemented
in accordance with this approval.
Work within the public right-of-way shall be performed between 9:00
AM and 4:00 PM. This work includes dirt and demolition material
hauling and construction material delivery. Work within the public right-
of-way outside of these hours shall only be allowed after the issuance
of an after-hours construction permit.
Streets and equipment shall be cleaned in accordance with
established Public Works requirements.
Trucks shall only travel on a City-approved construction route. Limited
queuing may occur on the construction site itself.
Materials and equipment shall be minimally visible to the public; the
preferred location for materials is to be on-site, with a minimum
amount of materials within a work area in the public right -of-way,
subject to a current Use of Public Property Permit.
Any requests for work before or after normal construction hours within
the public right-of-way shall be subject to review and approval through
the After Hours Permit process administered by the Building and
Safety Division.
Provision of off-street parking for construction workers, which may
include the use of a remote location with shuttle transport to the site, if
determined necessary by the City.
Project coordination elements that shall be implemented prior to commencement
of construction:
The traveling public shall be advised of impending construction
activities which may substantially affect key roadways or other facilities
(e.g., information signs, portable message signs, media
listing/notification, and implementation of an approved Construction
Impact Mitigation Plan).
A Use of Public Property Permit, Excavation Permit, Sewer Permit, or
Oversize Load Permit, as well as any Caltrans permits required for any
RESOLUTION NO.
PAGE 94
construction work requiring encroachment into public rights-of-way,
detours, or any other work within the public right-of-way shall be
obtained.
Timely notification of construction schedules shall be provided to all
affected agencies (e.g., Police Department, Fire Department, Public
Works Department, and Community Development Department) and to
all owners and residential and commercial tenants of property within a
radius of 500 feet.
Construction work shall be coordinated with affected agencies in
advance of start of work. Approvals may take up t o two weeks per
each submittal.
Public Works Department approval of any haul routes for earth,
concrete, or construction materials and equipment hauling shall be
obtained.
147. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall
modify the lane geometry of the intersection of East Grand Avenue and West
Branch Street in order to design and install the necessary improvements including
widening, restriping, and curb reconstruction of westbound West Branch Street/
northbound West Branch Street to create an exclusive right turn lane. The
Applicants shall submit plans for the restriping of West Branch Street including any
modifications necessary to the northeast curb return and sidewalk to provide for
design vehicle turning movements to the City for review and approval from the City
Engineer, concurrent with the submittal of the project’s public improvement plans.
Road improvements shall be installed, inspected, and approved by the City prior to
issuance of the first certificate of occupancy.
148. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay
a fair share portion of the design and construction costs for a transportation
improvement that would provide an acceptable LOS consistent with adopted City
policy, in order to mitigate the Project’s long-term impact on the cumulative
condition, using the Equitable Share Responsibility Formula from the 2002
Caltrans Guide for the Preparation of Traffic Impact Studies.
The Applicant shall fund a fair share of the estimated costs for construction of two
roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound
ramps and the intersection of East Branch Street and Traffic Way.
The Applicants shall submit payment of their fair share of funding for the above
mitigation prior to issuance of grading and/or building permits. The City shall
determine the amount of payment of fair shares for each Applicant commensurate
with metrics that demonstrate the relative level and intensity of proposed
RESOLUTION NO.
PAGE 95
development (e.g., square footage, land use type, trip generation, etc.). The City
shall establish a separate East Grand Avenue/West Branch Street traffic mitigation
fund to accept the Applicant’s payment(s).
RESOLUTION NO.
PAGE 96
EXHIBIT D
EAST CHERRY AVENUE SPECIFIC PLAN PROJECT
SIGNIFICANT ENVIRONMENTAL EFFECTS, FINDINGS OF FACT,
MITIGATION MEASURES, MONITORING PROGRAM, AND STATEMENT
OF OVERRIDING CONSIDERATIONS
PURPOSE OF THE FINDINGS
The purpose of these findings is to satisfy the requirement of Public Resources Code Section
21000, et seq., and Sections 15091, 15092, 15093 and 15097 of the CEQA Guidelines, 14 Cal.
Code Regulations, Sections 15000, et seq., associated with approval of the East Cherry
Avenue Specific Plan Project. These findings provide the written analysis and conclusions of
the City Council regarding the Project. They are divided into general sections, each of which is
further divided into subsections. Each addresses a particular impact topic and/or requirement of
law. At times, these findings refer to materials in the administrative record, which is available for
review in the City’s Planning Division.
PROJECT OBJECTIVES
Pursuant to CEQA Guidelines Section 15124, the environmental impact report (EIR) must
identify the objectives sought by the proposed project. As noted in Section 2.5 of the Final EIR
for the Project, the Project objectives are:
To designate appropriate land uses and design guidelines within the Specific Plan that
will guide future development within the Project site;
To provide for historical, recreational, and residential opportunities that both
complement and augment the existing uses in the City;
To comply with the Agriculture, Conservation and Open Space Element Implementation
Policy AG 14.2 with the protection and preservation of offsite agricultural lands;
To set forth a development plan(s) capable of underwriting the cost of public and private
infrastructure and capital improvements proposed as part of the Specific Plan; and,
To promote orderly and attractive community development in the context of existing
neighborhoods and in recognition of future development in the vicinity.
RESOLUTION NO.
PAGE 97
PROJECT DESCRIPTION
The Project site consists of three adjacent parcels under separate ownerships referred to as
Subarea 1 – a 2.16-acre plot owned by SRK Hotels; Subarea 2 – a 11.62-acre plot owned by
Mangano Homes, Inc.; and Subarea 3 – a 1.51-acre plot owned by the Arroyo Grande Valley
Japanese Welfare Association (JWA). In total, the Project includes 15.29 acres at the southeast
corner of Traffic Way and East Cherry Avenue. Subarea 1 is currently zoned as Traffic Way
Mixed-Use (TMU) for the use of automobile sale and services. Subarea 2 remains undeveloped
and has historically been zoned for agricultural production. Subarea 3, however, has a deep
rooted history dating back to its original purchase in the 1920s by the JWA and until 2011, has
been host to a variety of uses.
The Project is a Specific Plan, General Plan Amendment, Development Code Amendment and
Vesting Tentative Tract Map. The intent of the Project is to develop a specific plan with mixed
use and residential uses along the frontage of East Cherry Avenue and Traffic Way, with the
inclusion of a circulation network consisting of collector streets and residential alleys. Subarea 1
of the Project site would be developed with a 90- to 100-room hotel and restaurant use under a
Conditional Use Permit (CUP). The Project envisions the development of Subarea 2 for
residential use as a 60-lot subdivision with 58 single-family residential lots along with a 0.35-
acre neighborhood park that also acts as a drainage basin. The proposed development of
Subarea 3 would provide for a mix of retail, residential and visitor serving uses that expresses
the ideologies of the JWA and is both compatible with and supports the local community.
Major Project components outlined in the East Cherry Avenue Specific Plan include:
1) Establishment of a land use plan and design concepts for the properties within the
Specific Plan, consistent with the City of Arroyo Grande’s General Plan;
2) Sustainable design and development practices;
3) A circulation system with a new Project collector and residential streets, a residential
alley, and offsite improvements to the existing East Cherry Avenue;
4) A drainage system designed to direct stormwater to historical points of discharge, as
well as incorporate Low Impact Development (LID) methodologies and other methods of
on-site infiltration and stormwater reuse; and
5) Extension of utility lines and infrastructure.
RESOLUTION NO.
PAGE 98
THE CEQA PROCESS
A Draft and a Final Environmental Impact Report (collectively, the “EIR”) has been prepared for
and by the City in accordance with the California Environmental Quality Act (“CEQA”, Public
Resources Code Sec 21000 et seq.), and the State CEQA Guidelines (14 Cal. Code of
Regulations, Sections 15000 et seq.) in connection with the Project. The EIR for the Project
consists of the following:
A. Draft Environmental Impact Report (“DEIR”), issued April 11, 2016;
B. All appendices to the DEIR;
C. Final Environmental Impact Report (“FEIR”), issued July 21, 2016, containing all written
comments and responses on the DEIR, refinements and clarifications to the DEIR, the
mitigation monitoring and reporting program, and technical appendices;
D. All of the comments and staff responses entered into the record orally and in writing, as well
as accompanying technical memoranda or evidence entered into the record.
In conformance with CEQA, the City has taken the following actions in relation to the EIR:
FINDINGS ARE DETERMINATIVE
The City Council certifies that the EIR has been completed in compliance with CEQA and that it
was presented to, and reviewed and considered by, the City Council prior to acting on the
Project. In so certifying, the City Council recognizes that there may be differences in and
among the different sources of information and opinions offered in the documents and
testimony that make up the EIR and the administrative record; that experts disagree; and that
the City Council must base its decision and these findings on the substantial evidence in the
record that it finds most compelling. Therefore, by these findings, the City Council ratifies,
clarifies, and/or makes insignificant modifications to the EIR and resolves that these findings
shall control and are determinative of the significant impacts of the Project.
RESOLUTION NO.
PAGE 99
The mitigation measures proposed in the EIR are adopted in this document, substantially in the
form proposed in the EIR, with such clarifications and non-substantive modifications as the City
Council has deemed appropriate to implement the mitigation measures. Further, the mitigation
measures adopted in this document are expressly incorporated into the Project pursuant to the
adopted conditions of approval.
The findings and determinations in this document are to be considered as an integrated whole
and, whether or not any subdivision of this document to cross-reference or incorporate by
reference any other subdivision of this document, that any finding or determination required or
permitted to be made shall be deemed made if it appears in any portion of this document. All of
the text included in this document constitutes findings and determinations, whether or not any
particular caption sentence or clause includes a statement to that effect.
Each finding herein is based on the entire record. The omission of any relevant fact from the
summary discussions below is not an indication that a particular finding is not based in part on
the omitted fact.
Many of the mitigation measures imposed or adopted pursuant to this document to mitigate the
environmental impacts identified in the administrative record may have the effect of mitigating
multiple impacts (e.g., conditions imposed primarily to mitigate traffic impacts may also
secondarily mitigate air quality impacts, etc.). The City Council has not attempted to
exhaustively cross-reference all potential impacts mitigated by the imposition of a particular
mitigation measure; however, such failure to cross-reference shall not be construed as a
limitation on the potential scope or effect of any such mitigation measure.
Reference numbers to impacts, mitigation measures, and page numbers in the following
sections are to the page numbers used in the EIR, as specified.
IMPACTS, MITIGATION MEASURES, AND FINDINGS
In conformance with Section 15091 of the State CEQA Guidelines, this section of the findings
lists each significant environmental effect of the project listed in the EIR; describes those
mitigation measures recommended in the EIR; and, as required by Section 15091(a), finds that
either: the adopted mitigation measures have substantially lessened the significant effect; the
adopted mitigation measures, though implemented, do not substantially lessen the significant
effect; the mitigation measures cannot be adopted and implemented because they are the
responsibility of another public agency; or that specific considerations make infeasible the
mitigation measures identified in the EIR.
RESOLUTION NO.
PAGE 100
All feasible mitigation measures listed below have been incorporated into the Mitigation
Monitoring and Reporting Program (“MMRP”) for this project. Compliance with the MMRP is a
condition of approval of the Project, and the construction of the Project will incorporate all
conditions contained in the MMRP.
Aesthetics and Visual Resources
Impact
VIS-1: Implementation of the Project would result in impacts to the existing aesthetic and visual
resources present at the site and surrounding areas, particularly the adjacent hillside and
distant views of the San Lucia Range.
VIS-4: The proposed Project would introduce new sources of nighttime light, impacting the
quality of the nighttime sky and increasing ambient light.
Mitigation
MM VIS-1a. The Architectural Review Committee shall review Project design and consider
impacts to the scenic resources available on or adjacent to the Project site, with particular
consideration to the Santa Lucia Mountains. This includes the review of building siting, height,
massing, design, and setbacks. The Architectural Review Committee shall determine whether
structures obstruct important views of scenic resources, and/or propose design alterations to
reduce impacts to important views of scenic resources.
MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall consider the
minimization of the number streetlights along East Cherry Avenue to reduce lighting effects
upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow
adequate streetlights and security lighting for public safety.
Finding
Implementation of the above FEIR mitigation measures would reduce impacts to aesthetics and
visual resources from development to a less than significant level.
Evidence in Support of Finding
The FEIR analyzed potential impacts to views of distant topography and the Santa Lucia range
by identifying Key Viewing Areas (KVAs), using photosimulations, and assessing characteristics
of scenic resources such as visual quality viewer exposure, and view sensitivity. MM VIS-1a
RESOLUTION NO.
PAGE 101
would ensure adequate review by the Architectural Review Committee to ensure that the
Project does not block important views of scenic resources such as the Santa Lucia Mountains,
and adheres to goals and standards established by the City that minimize impacts to scenic
resources.
The FEIR found that development of the Project site would alter current lighting conditions by
significantly increasing the amount of exterior light fixtures and light produced within the Project
site, although no lighting plan was available at the time of analysis. The implementation of MM
VIS-4a would require the Architectural Review Committee to consider lighting impacts prior to
approval, which would reduce potential impacts to nighttime lighting associated with the Project
to the maximum extent feasible, while still retaining lighting for safety and security purposes.
See Section 3.1.4, Aesthetics and Visual Resources, of the FEIR, pages 3.1-18 through 3.1-21
and 3.1-24 through 3.1-26.
Agricultural Resources
Impact
AG-2: The proposed Project would result in the conversion of agricultural land uses within the
Project site, creating potentially significant impacts with respect to consistency with City Goal
Ag1 and related policies in the Agriculture, Conservation and Open Space Element, which seek
protection of prime farmland.
Mitigation
MM AG-2a. The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss of 1.74 acres
of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related
policies. At the discretion of the City Council, options may include, but not be limited to: 1)
Applicant to purchase a parcel of land (size to be determined by City Council) to be put into an
agricultural conservation easement, 2) Applicant to pay in-lieu fees to a designated fund
dedicated to acquiring and preserving agricultural land; 3) Council may determine that the 9.79-
acre parcel intended to mitigate the loss of prime soils for Subarea 2 also mitigates impacts
within Subarea 3; or 4) any other approach determined to be acceptable to the City Council to
satisfy the intent of General Plan Goal Ag1 and related policies.
In making their determination, the City Council may consider the following circumstances: 1) the
loss of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is
considered less than significant based on the LESA methodology (see Impact AG-1); and 2)
Subarea 3 has not historically been in agricultural production.
RESOLUTION NO.
PAGE 102
Based on the above considerations, on July 26, 2016, the City Council determined that no
additional mitigation measures (either dedicated land or fees) will be required, provided that
development for Subarea 3 is in substantial conformance with what is described in the Specific
Plan.
Finding
Implementation of the above FEIR mitigation measure would reduce potentially significant
impacts to agricultural resources from development to a less than significant level.
Evidence in Support of Finding
The FEIR found that the Project would convert prime farmland to nonagricultural uses and
would change the existing agricultural zoning within Subareas 2 and 3 to nonagricultural zoning.
Although Subarea 2 contains prime soils and is zoned for agriculture, the City Council
determined that offsite agricultural protection of a 9.79-acre parcel located at 1189 Flora Road
would serve as mitigation for Subarea 2.
However, the FEIR found that Subarea 3 contains 1.74 acres of prime soils and is zoned for
agriculture, which would require mitigation for the loss of agricultural resources under General
Plan Policy Ag1-4.2. Application of MM AG-2a would ensure compliance with Policy Ag1-4.2
and that agricultural resources within Subarea 3 are appropriately mitigated. The City Council
must determine if the proposed 9.79-acre offsite agricultural parcel also mitigates for impacts
within Subarea 3, or if other measures would need to be taken. See Section 3.2.4, Agricultural
Resources, of the FEIR, pages 3.2-16 through 3.2-19.
Air Quality and Greenhouse Gas Emissions
Impact
AQ-1: The proposed Project would result in significant short-term construction-related air quality
impacts from dust and air pollutant emissions generated by grading and construction equipment
operation.
AQ-2: The proposed Project would result in significant long-term operation-related air quality
impacts generated by area, energy, and mobile emissions.
AQ-3: Release of toxic diesel emissions during initial construction and long-term operation of
the proposed Project could expose nearby sensitive receptors to such emissions.
RESOLUTION NO.
PAGE 103
AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo
APCD’s 2001 Clean Air Plan.
Mitigation
MM AQ-1a. The following standard air quality mitigation measures shall be implemented during
construction activities at the Project site:
1. Reduce the amount of disturbed area where possible;
2. Water trucks or sprinkler trucks shall be used during construction to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum,
this would require twice-daily applications. All dirt stock pile areas should be sprayed
daily as needed. Increased watering frequency would be required when wind speeds
exceed 15 miles per hour (mph). Reclaimed water (non-potable) shall be used when
possible;
3. All dirt stock pile areas should be sprayed daily as needed;
4. Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of
any soil disturbing activities;
5. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast germinating native grass seed and watered
until vegetation is established;
6. All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
7. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used;
8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard in accordance with California Vehicle Code
Section 23114;
RESOLUTION NO.
PAGE 104
10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
11. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers with reclaimed water should be used where feasible;
12. All of these fugitive dust mitigation measures shall be shown on grading and building
plans; and
13. The contractor or builder should designate a person or persons to monitor the f ugitive
dust control emissions and enhance the implementation of the measures as necessary
to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to
prevent transport of dust offsite. Their duties shall include holiday and week end periods
when work may not be in progress. The name and telephone number of such persons
shall be provided to the APCD Compliance Division prior to the start of any grading,
earthwork or demolition.
MM AQ-1b. The following standard air quality mitigation measures for construction equipment
shall be implemented during construction activities at the Project site:
1. Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
2. Fuel all off-road and portable diesel powered equipment with CARB-certified motor
vehicle diesel fuel (non-taxed version suitable for use off-road).
3. Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off -
road heavy-duty diesel engines, and comply with the State off-Road Regulation;
4. Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification
standard for on-road heavy-duty diesel engines and comply with the State On-Road
Regulation;
5. Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g. captive or NOx
exempt area fleets) may be eligible by proving alternative compliance;
6. On- and off-road diesel equipment shall not be allowed to idle for more than five
minutes. Signs shall be posted in the designated queuing areas to remind drivers and
operators of the five-minute idling limit;
7. Diesel idling within 1,000 feet of sensitive receptors in not permitted;
8. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;
RESOLUTION NO.
PAGE 105
9. Electrify equipment when feasible;
10. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and,
11. Use alternatively fueled construction equipment onsite where feasible, such as
compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
MM AQ-1c. A Construction Activity Management Plan shall be included as part of Project
grading and building plans and shall be submitted to the APCD for review and to the City for
approval prior to the start of construction. In addition, the contractor or builder shall designate a
person or persons to monitor the dust control program and to order increased watering, as
necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress. The name and telephone of such persons shall be
provided to the APCD prior to land use clearance for map recordation and grading. The plan
shall include but not be limited to the following elements:
1. Schedule construction truck trips during non-peak hours (as determined by the Public
Works Director) to reduce peak hour emissions;
2. Tabulation of on and off-road construction equipment (age, horse-power and miles
and/or hours of operation;
3. Limit the length of the construction work-day period, if necessary; and,
4. Phase construction activities, if appropriate.
MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no
VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura
Paint (Odorless, Zero VOC Paint).
MM AQ-2a. The Applicants shall include the following:
1. Water Conservation Strategy: The Applicants shall install fixtures with the EPA
WaterSense Label, achieving 20 percent reduction indoor. The Project shall install drip,
micro, or fixed spray irrigation on all plants other than turf, also including the EPA
WaterSense Label, achieving 15 percent reduction in outdoor landscaping.
2. Solid Waste: The Applicants shall institute recycling and composting services to achieve
a 15 percent reduction in waste disposal, and use waste efficient landscaping.
Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area MM AQ-
2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality
Handbook, the following mitigation measures would apply to the Project.
RESOLUTION NO.
PAGE 106
Mitigation Measures Included from APCD CEQA Air Quality Handbook
Measure
# Measure Type Mitigation Measure
Pollutant
Reduced1
Applicant(s) Will
Include This
Mitigation
Applicable to All Subareas
1. Site design,
Transportation
Improve job / housing balance
opportunities within communities.
O, P, GHG All
Subarea 2 will pay
affordable housing
in lieu fee.
Subarea 3 would be
below market rate.
2. Site design Orient buildings toward streets
with automobile parking in the rear
to promote a pedestrian-friendly
environment.
O, P, GHG All
3. Site design Provide good access to/from the
development for pedestrians,
bicyclists, and transit users.
O, P, GHG All
Improvements to
East Cherry Avenue
include new bicycle
lanes and sidewalks,
where none exist
now. The collector
road will have
bicycle lanes and
sidewalks.
4. Site design Pave and maintain the roads and
parking areas
P All
5. Site design Increase density within the urban
core and urban reserve lines.
O, P, GHG All
Assumed 5 dwelling
units per acre for
Subarea 2 and 15
dwelling units/acre
for Subarea 3.
Subarea 1 = 36 full
time equivalent jobs.
6. Site design;
transportation
Provide easements or land
dedications and construct bikeways
and pedestrian walkways.
O, P, GHG All
7. Energy efficiency Utilize built-in energy efficient
appliances (i.e. Energy Star®).
O, P, GHG All
Assume 100% of
appliances would be
energy efficient for
all subareas.
8. Energy efficiency Utilize energy efficient interior
lighting.
O, P, GHG All
100% lighting
energy reduction
for all subareas.
Applicable to Subarea 1
9. Site design Driveway design standards (e.g.,
speed bumps, curved driveway) for
self-enforcing of reduced speed
limits for unpaved driveways.
P Subarea 1
Assumed 15 MPH
for unpaved roads.
RESOLUTION NO.
PAGE 107
10. Site design Development is within 1/4 mile of
transit centers and transit corridors.
O, P, GHG Subarea 1
Closest transit stop
is at Traffic Way &
Fair Oaks.
11. Site design No residential wood burning
appliances.
O, P, GHG Subarea 1
12. Site design 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.
O, GHG Subarea 1
13. Energy efficiency Increase the building energy rating
by 20% above Title 24
requirements. Measures used to
reach the 20% rating cannot be
double counted.
O, GHG Subarea 1
14. Energy efficiency Plant drought tolerant, native shade
trees along southern exposures of
buildings to reduce energy used to
cool buildings in summer.
O, GHG Subarea 1
Minimum of 120
trees planted.
15. Energy efficiency Utilize green building materials
(materials which are resource
efficient, recycled, and sustainable)
available locally if possible.
O, DPM,
GHG
Subarea 1
16. Energy efficiency Install high efficiency heating and
cooling systems.
O, GHG Subarea 1
17. Energy efficiency Utilize high efficiency gas or solar
water heaters.
O, P, GHG Subarea 1
18. Energy efficiency Utilize double-paned windows. O, P, GHG Subarea 1
19. Energy efficiency Utilize low energy street lights (i.e.
sodium).
O, P, GHG Subarea 1
20. Energy efficiency Install door sweeps and weather
stripping (if more efficient doors
and windows are not available).
O, P, GHG Subarea 1
21. Energy efficiency Install energy-reducing
programmable thermostats.
O, P, GHG Subarea 1
22. Energy efficiency Participate in and implement
available energy-efficient rebate
programs including air
O, P, GHG Subarea 1
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conditioning, gas heating,
refrigeration, and lighting
programs.
23. Energy efficiency Use roofing material with a solar
reflectance values meeting the
EPA/DOE Energy Star® rating to
reduce summer cooling needs.
O, P, GHG Subarea 1
24. Energy efficiency Utilize onsite renewable energy
systems (e.g., solar, wind,
geothermal, low-impact hydro,
biomass and bio-gas).
O, P, GHG Subarea 1
25. Energy efficiency 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.
O, GHG Subarea 1
26. Transportation Project provides a display case or
kiosk displaying transportation
information in a prominent area
accessible to employees or
residents.
O, P, GHG Subarea 1
27. Transportation Provide electrical charging station
for electric vehicles.
O, P, GHG Subarea 1
28. Transportation Provide free-access telework
terminals and/or wi-fi access in
multi-family projects.
O, P, GHG Subarea 1
Applicable to Subarea 2
29. Site design Incorporate outdoor electrical
outlets to encourage the use of
electric appliances and tools.
O, P, GHG Subarea 2
Includes 20%
electric leafblower
and chainsaw.
30. Site design;
transportation
Incorporate traffic calming
modifications to Project roads,
such as narrower streets, speed
platforms, bulb-outs and
intersection designs that reduce
vehicles speeds and encourage
pedestrian and bicycle travel.
O, P, GHG Subarea 2
East Cherry Avenue
= 100%
improvement.
Collector road =
25%.
31. Energy efficiency Orient 75 percent or more of
homes and/or buildings to be
aligned north / south to reduce
energy used to cool buildings in
summer.
O, GHG Subarea 2
32. Energy efficiency 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).
O, GHG Subarea 2
33. Energy efficiency Utilize low energy traffic signals
(i.e. light emitting diode).
O, P, GHG Subarea 2
RESOLUTION NO.
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34. Energy efficiency Utilize onsite renewable energy
systems (e.g., solar, wind,
geothermal, low-impact hydro,
biomass and bio-gas).
O, P, GHG Subarea 2
PVs will be an
option for home
buyers.
35. Transportation Provide storage space in garage for
bicycle and bicycle trailers, or
covered racks / lockers to service
the residential units.
O, P, GHG Subarea 2
Applicable to Subarea 3
36. Site design Provide a pedestrian-friendly and
interconnected streetscape to make
walking more convenient,
comfortable and safe (including
appropriate signalization and
signage).
O, P, GHG Subarea 3
37. Site design Incorporate outdoor electrical
outlets to encourage the use of
electric appliances and tools.
O, P, GHG Subarea 3
Includes 20%
electric leafblower
and chainsaw.
38. Energy efficiency Utilize green building materials
(materials which are resource
efficient, recycled, and sustainable)
available locally if possible.
O, DPM,
GHG
Subarea 3
39. Energy efficiency Install high efficiency heating and
cooling systems.
O, GHG Subarea 3
40. Energy efficiency Utilize double-paned windows. O, P, GHG Subarea 3
41. Energy efficiency Install door sweeps and weather
stripping (if more efficient doors
and windows are not available).
O, P, GHG Subarea 3
42. Energy efficiency Install energy-reducing
programmable thermostats.
O, P, GHG Subarea 3
1 O = Ozone; P = Particulate; DPM = Diesel Particulate Matter; GHG = Greenhouse Gas (GHG)
MM AQ-3a. The Applicants shall implement the following Best Available Control Technology
(BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of
diesel exhaust to sensitive receptors:
1. Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-
road compliant engines;
2. Repowering equipment with the cleanest engines available; and,
3. Installing California Verified Diesel Emission Control Strategies.
MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the
necessary APCD permits when appropriate. To minimize potential delays, prior to the start of
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development within each subarea, the APCD’s Engineering Division shall be contacted for
specific information regarding permitting requirements.
MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the Applicants shall
coordinate with the City Public Works and Community Development Department and work with
SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project
site.
Finding
Nine mitigation measures would help to reduce four potentially significant impacts to air quality
and greenhouse gas emissions; two impacts (Impact AQ-2 and Impact AQ-5) would remain
significant and unavoidable and two impacts (Impact AQ-1 and Impact AQ-3) would be
reduced to a less than significant level.
Evidence in Support of Finding
CalEEMod was used to estimate construction air quality emissions after application of MM AQ-
1a through d, and showed construction emissions from the Project would be below the APCD
thresholds (see Table 3.3-7 and Appendix E of the FEIR). See Section 3.3.4, Air Quality and
Greenhouse Gas Emissions, of the FEIR, pages 3.3-18 through 3.3-22.
After implementation of MM AQ-2a and b, operational emissions estimated with CalEEMod
were reduced, but ROG + NOx were still found to be above the APCD thresholds and would
therefore be significant and unavoidable (Table 3.3-9 and Appendix E of the FEIR).
The FEIR found that the Project is not located near a significant source of TACs, but the Project
has the potential to produce TACs during construction and operational activities adjacent to
residential uses. Implementation of MM AQ-3a and b would ensure TAC emissions generated
by the Project would be less than significant near sensitive receptors as Applicants would apply
appropriate diesel particulate control technology to construction equipment and obtain
appropriate APCD permits for the operation of equipment. See Section 3.3.4, Air Quality and
Greenhouse Gas Emissions, of the FEIR, pages 3.3-23 through 3.3-31.
The FEIR evaluated Project consistency with the 2001 Clean Air Plan against population
projections, vehicle trips, and use of Transportation Control Measures (TCMs), and found that
although the Project incorporates land use strategies outlined in the Clean Air Plan, population
growth and vehicle trip generation associated with the Project would exceed the Clean Air
Plan’s projections. While implementation of MM AQ-5a would expand the local transit network
and potentially reduce trip generation associated with the Project, the Project would continue to
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exceed projections in the 2001 Clean Air Plan. See Section 3.3.4, Air Quality and Greenhouse
Gas Emissions, of the FEIR, pages 3.3-33 through 3.3-36.
Biological Resources
Impact
BIO-1: Project construction and major alteration of the Project site would result in a loss of low-
value agricultural and disturbed ruderal habitats and potential indirect impacts to the adjacent
oak woodland habitat.
BIO-2: Project construction and operation has the potential to create significant impacts to the
movement of native resident or migratory wildlife on the Project site.
Mitigation
MM BIO-1a. Construction equipment and vehicles shall be stored at least 100 feet away from
areas associated with the existing drainage and adjacent oak woodland habitat, and all
construction vehicle maintenance shall be performed in a designated vehicle storage and
maintenance area.
MM BIO-2a. Vegetation removal and initial site disturbance for Project construction shall be
conducted between September 1 and January 31, outside of the primary nesting season for
birds, unless City-approved preconstruction nesting bird surveys are conducted that determine
if any active nests would be impacted by project construction. If no active nests are found, then
no further mitigation shall be required. If any active nests are found, then these nest sites shall
be avoided with the establishment of a non-disturbance buffer zone around active nest, which
shall be in place until the adults and young of the year no longer rely on the nest site for
survival. The study, surveys, findings, and recommendations shall be prepared by a City
approved qualified biologist. Compliance shall be verif ied by the Project Environmental Monitor
through submission of compliance reports.
Finding
Implementation of the above FEIR mitigation measures would reduce potentially significant
impacts to biological resources from development to a less than significant level.
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Evidence in Support of Finding
The FEIR found that existing habitats with the Project site are low value and impacts associated
with habitat removal would be minimal due to the fact that the Project site has been disturbed
for over 60 years. However, the Project site is adjacent to a drainage ditch with riparian
vegetation and a hillside slope with oak woodland habitat. The Project would not directly impact
habitat, but has the potential to have a significant impact indirectly from construction activities.
Application of MM BIO-1a, which requires a construction management plan to place staging
and maintenance areas away from sensitive biological resources, would reduce potential
indirect construction impacts to the adjacent oak woodland hillside by limiting noise, human
presence, and operation of equipment near the hillside. See Section 3.4.4, Biological
Resources, of the FEIR, pages 3.4-15 and 3.4-16.
The FEIR and associated Biological Resources Assessment found that oak trees, other
nonnative trees, and ruderal vegetation within the Project site provide suitable nesting habitat
for birds. Implementation of MM BIO-2a would reduce potential impacts to migratory birds by
ensuring no nesting birds are present during vegetation removal activities. See Section 3.4.4,
Biological Resources, of the FEIR, pages 3.4-17 through 3.4-18, and Appendix F.
Hazards and Hazardous Materials
Impact
HAZ-2: Implementation of the proposed Project could create a significant hazard to the public
or the environment through reasonably foreseeable upset and accident conditions involving the
release of hazardous materials into the environment.
HAZ-4: Implementation of the proposed Project could expose people or structures to a
significant risk of loss, injury, or death involving wildland fire, including where wildlands are
adjacent to urbanized areas or where residences are intermixed with wildlands.
Mitigation
MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be
developed per California Occupational Safety and Health Administration (Cal/OSHA)
requirements. All construction employees that have the potential to come into contact with
contaminated soil/bedrock and safety plan, which includes proper training and personal
protective equipment.
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MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize
construction worker or general public exposure to lead and other potential contaminants in soil.
Procedures shall include efforts to control fugitive dust, contain and cover excavation debris
piles, appropriate laboratory analysis of soil for waste characterization, and segregation of
contaminated soil from uncontaminated soil. The applicable regulations associated with
excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g.,
tarping of trucks and waste manifesting).
MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of soil/bedrock and
groundwater shall be conducted to assess potential releases associated with the listed former
adjacent land uses and the potential migration of contaminants onto the Project site. The
analytical suite selected shall be consistent with those uses, and shall include applicable
analytical methods for appropriate waste characterization and disposal. The sampling strategy
shall take into account the locations of potential source areas, and the anticipated lateral and
vertical distribution of contaminants in soil and/or groundwater. The results of the investigation
shall be documented in a report that is signed by a California Professional Geologist. The report
shall include recommendations based upon the findings for additional investigation/remediation
if contaminants are detected above applicable screening levels (e.g., excavate and dispose,
groundwater and/or soil vapor extraction, or in situ bioremediation).
MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency
Management Plan for review by the FCFA and the City. The Plan shall consist of measures to
reduce the potential for structural damage to the proposed development including:
1. A detailed description and map of fire protection apparatus and staging locations, the
locations of the electric and gas shut off controls, emergency meeting locations, and
emergency supply locations; and
2. Relevant building design specifications that would qualify the building for identification
as a safe refuge during a wildfire.
MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard
areas. Require the installation of smoke detectors in all new residences.
MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an
inspection of the deadwood and leaf litter, which shall be removed annually prior to the
beginning of fire season.
MM HAZ-4d. Each hotel room shall be required to have an emergency evacuation plan posted
in a visible location. Additionally each room shall have a Wildfire Emergency Procedures binder,
which shall include relevant information from the Wildfire Emergency Management Plan, such
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as the locations of safe refuges, locations of First Aid and emergency supplies, and emergency
contacts within the hotel. Training requirements for front-desk hotel staff and any other staff
routinely interacting with the public shall include First Aid and First Responder certification as
well as annual requirements for wildfire emergency management training scenario exercises
prior to the onset of fire season.
MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire-resistant
native species. Non-native species shall not be included in the final landscaping plan. The final
landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of
trees, as well as locations and types of new plantings.
Finding
Two impacts to hazards and hazardous materials would be potentially significant.
Implementation of the above eight FEIR mitigation measures would reduce all potentially
significant impacts to hazards and hazardous materials to a less than significant level.
Evidence in Support of Finding
The FEIR found that a low potential exists for subsurface contamination within the site related
to the adjacent fueling station. The Site-specific Health and Safety Plan as outlined in MM HAZ-
2a, procedures contained within MM HAZ-2b, and subsurface sampling is expected to reduce
impacts in the event hazardous materials are uncovered during construction. These mitigation
measures would reduce health and safety impacts from potential exposure to hazardous
materials to a less than significant level. See Section 3.6.4, Hazards and Hazardous Materials,
of the FEIR, pages 3.5-14 through 3.5-16.
The FEIR found that the Project site is within an area with moderate to high wildfire potential.
Implementation of MM HAZ-4a through c would reduce the risk of damage or loss from wildfire
with the requirement of a Wildfire Emergency Management Plan that would be reviewed by the
Five Cities Fire Authority (FCFA), the use of fire-resistant building materials, and routine
inspections performed by the FCFA. As Subarea 1 uses could expose persons to wildfire risks,
MM HAZ-4d would require an emergency evacuation plan, staff training, and emergency
procedures to reduce damage and loss in the event of a wildfire. In addition, MM HAZ-4e would
apply to Subareas 1 and 2, limiting landscaping to fire-resistant and native species to reduce
the amount of biofuel within the Project site. See Section 3.6.4, Hazards and Hazardous
Materials, of the FEIR, pages 3.5-17 through 3.5-20.
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Hydrology and Water Quality
Impact
HYD-1: Construction of the proposed Project has the potential to significantly impact surface
water quality from increased erosion, sedimentation and polluted runoff.
HYD-3: The proposed Project would alter existing onsite drainage systems, resulting in
potential impacts to the erosion, siltation, and flooding on or off the site.
Mitigation
MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice
of Intent (NOI) for discharge from the proposed development site.
MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require the building
contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City
Public Works Department prior to the issuance of grading permits. The contractor is
responsible for understanding the State General Permit and implementing the SWPPP during
construction. A SWPPP for site construction shall be developed prior to the initiation of grading
and implemented for all construction activities on the Project site in excess of one acre, or
where the area of disturbance is less than one acre but is part of the Project’s plan of
development that in total disturbs one or more acres. The SWPPP shall include specific BMPs
to control the discharge of material from the site. BMP methods may include, but would not be
limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion
control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for
any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must
be prepared in accordance with the guidelines adopted by the State Water Resources Control
Board (SWRCB). The SWPPP shall be submitted to the City along with grading/development
plans for review and approval.
MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a notice of
termination of construction of the development with the RWQCB, identifying how pollution
sources were controlled during the construction of the Project and implementing a closure
SWPPP for the site.
MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110
including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB
regulations under the NPDES Phase II program.
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MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP)
devices shall be incorporated into the project Final Master Drainage Plan. The devices shall be
sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent
of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm
events. The storm water quality system must be reviewed and approved by the City.
MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall prepare a
development maintenance manual for the Project, which shall include detailed procedures for
maintenance and operations of any stormwater facilities to ensure long-term operation and
maintenance of post-construction stormwater controls. The maintenance manual shall require
that stormwater BMP devices be inspected, cleaned and maintained in accordance with the
manufacturer’s maintenance specifications. The manual shall require that devices be cleaned
prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the
rainy season (i.e., May 15th). The manual shall also require that all devices be checked after
major storm events.
MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable
maintenance organization shall submit to the City of Arroyo Grande Public Works Department a
detailed report prepared by a licensed Civil Engineer addressing the condition of all private
stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis
(October 15th and April 15th of each year). The requirement for maintenance and report
submittal shall be recorded against the property.
Finding
Implementation of the above seven FEIR mitigation measures would reduce all potentially
significant impacts to hydrology and water quality to a less than significant level.
Evidence in Support of Finding
The FEIR found that construction and grading activities could expose disturbed ground to
erosion or introduce pollutants into stormwater runoff. Implementation of MM HYD-1a through
d, which requires a SWPPP and noticing to comply with the SWRCB, would reduce stormwater
related impacts resulting from construction. See Section 3.6.4, Hydrology and Water Quality, of
the FEIR, pages 3.6-13 through 3.6-15.
The Project would replace 15.29 acres of permeable surfaces with development containing
largely impervious surfaces. Drainage conditions under the proposed Project are based on the
Hydrology Report within Appendix J of the FEIR. Application of MM HYD-3a through c requires
the implementation of BMPs that would reduce impacts related to drainage patterns within the
RESOLUTION NO.
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Project site. See Section 3.6.4, Hydrology and Water Quality, of the FEIR, pages 3.6-17
through 3.6-20.
Land Use and Planning Policies
Impact
LU-3: The proposed Project is potentially inconsistent with adopted City policies in the General
Plan designed to protect agricultural resources, public views, recreational resources, and
reduce the threat to new developments from fire.
Mitigation
Implementation of mitigation measures MM VIS-1a, MM VIS-4a, MM AG-1a, MM HAZ-4a–e,
and MM REC-1a would ensure that the proposed Project is consistent with adopted City policies
in the General Plan that relate to reducing the threat to new development from fire; and that
relate to protecting agricultural resources, public views, and recreational resources.
Finding
With implementation of nine proposed mitigation measures included in other FEIR impact
sections, potentially significant impacts to land use and planning policies would be mitigated to
a less than significant level.
Evidence in Support of Finding
Project consistency with relevant General Plan policies are analyzed within Table 3.7-3 of the
FEIR (pages 3.7-9 through 17), and found the Project to be potentially inconsistent with the
following policies: COS1-1, LU11-2.4, Ag1-4, Ag1-4.2, S3, S3-1, and PR1. The FEIR found that
implementation of MM VIS-1a, MM VIS-4a, MM AG-1a, MM HAZ-4a through e, and MM REC-
1a would achieve consistency with the above policies and reduce impacts to less than
significant. See Section 3.7.4, Land Use, of the FEIR, pages 3.7-5 through 3.7-8.
Noise
Impact
NOI-1: Short-term construction activities would temporarily generate adverse noise and
vibration levels that would exceed thresholds established in the City’s General Plan Noise
Element.
RESOLUTION NO.
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NOI-3: Long-term operational noise impacts associated with the Project from the operation of
stationary equipment and site maintenance activities could potentially result in the exceedance
of thresholds in the City’s General Plan Noise Element.
Mitigation
MM NOI-1a. For all construction activity at the Project site, additional noise attenuation
techniques shall be employed as needed to ensure that noise levels are maintained within
levels allowed by the City’s Noise Standards. Such techniques shall include, but are not limited
to:
1. Sound blankets on noise-generating equipment.
2. Stationary construction equipment that generates noise levels above 65 dBA at the
project boundaries shall be shielded with a barrier that meets a sound transmission
class (a rating of how well noise barriers attenuate sound) of 25.
3. All diesel equipment shall be operated with closed engine doors and shall be equipped
with factory-recommended mufflers.
4. The movement of construction-related vehicles, with the exception of passenger
vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours
between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of heavy
equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day).
5. Temporary sound barriers shall be constructed between construction sites and affected
uses.
MM NOI-1b. The contractor shall inform residents and business operators at properties within
300 feet of the Project site of proposed construction timelines and noise complaint procedures
to minimize potential annoyance related to construction noise. Noise-related complaints shall be
directed to the City’s Community Development Department.
MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and
kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive
receptors (i.e., residences) or be placed behind adequate noise barriers.
MM NOI-3b. The Applicant (SRK Hotels) shall submit a truck traffic plan to the City Public
Works Department which will address timing, noise, location, and number of deliveries for each
project component. The Applicant shall cooperate with the City to ensure that impacts to noise-
sensitive receptors are mitigated to the maximum extent feasible.
RESOLUTION NO.
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Finding
The implementation of the above FEIR mitigation measures would reduce all potentially
significant noise impacts from development to a less than significant level.
Evidence in Support of Finding
The FEIR estimated peak construction noise levels near sensitive receptors and found that
construction noise would temporarily exceed thresholds. Implementation of MM NOI-1a and b
would limit construction noise with noise attenuation techniques and noticing to residents.
Residual construction noise impacts would be temporary and would occur within limited hours.
See Section 3.8, Noise, of the FEIR, pages 3.8-14 through 3.8-18.
Operational noise impacts associated with the Project would be from HVAC systems and site
maintenance, and would largely be associated with the proposed hotel and restaurant uses
within Subarea 1. The FEIR found that noise levels associated with diesel delivery truck trips
and trash pickup can reach approximately 80 dB. Implementation of MM NOI -3a and b would
limit the extent of operational noise to impact sensitive receptors through the appropriate
placement of HVAC systems and timing of truck deliveries. See Section 3.8, Noise, of the FEIR,
pages 3.8-21 and 3.8-22.
Recreation
Impact
REC-1: The proposed Project would increase the use of and need for recreational facilities,
resulting in potential increased physical deterioration of existing recreational facilities.
Mitigation
MM REC-1a. Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a
park improvement impact fee equal to the land value, plus twenty (20) percent of toward the
cost of offsite improvement, for the additional 0.21 acres of parkland required to be dedicated
pursuant to the provisions of Chapter 16.64.060 of the City Municipal Code. The value of this
fee shall be based upon the fair market value of 0.21 acres, as determined by the formula
provided in Section E of Municipal Code Chapter16.64.060, immediately prior to the filling of the
final map. At the discretion of the Community Development Director, this requirement may be
met by one of several alternative means that would result in additional dedication of lands for
recreational use, such that Project suits the need for 0.56 acres of required parkland. Potential
alternatives include the expansion of the existing proposed 0.35 neighborhood park to provide
more adequate park space, implementation of trail connections from the property to proposed
RESOLUTION NO.
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trails identified in the City Bicycle and Trails Master Plan, or the connection of the Project
proposed Class I Bikeway located along the Project Residential Collector road with the City
proposed bikeway along Trinity Avenue.
Finding
Implementation of the above FEIR mitigation measure would reduce potentially significant
impacts on recreational resources to a less than significant level.
Evidence in Support of Finding
The FEIR found that Subarea 2 of the Project would generate the need of an additional 0.21
acres of parkland. Application of MM REC-1a, which would require dedication of additional
usable public recreation area and/or payment of parkland development impact fees for 0.21
acres would reduce impacts. See Section 3.9.4, Recreation, of the FEIR, pages 3.9-5 through
3.9-7.
Transportation and Traffic
Impact
TRANS-1: Project construction activities would potentially create short-term traffic impacts due
to congestion from construction vehicles (e.g., construction trucks, construction worker
vehicles, equipment, etc.), traffic lane and sidewalk closures, and loss of on-street parking.
TRANS-2: Project generated traffic would potentially cause the LOS at the Fair Oaks
Avenue/Traffic Way intersection to deteriorate from acceptable to unacceptable LOS in both the
AM and PM peak hours, causing a significant impact. With installation of a traffic signal,
intersection LOS would be maintained at acceptable LOS.
TRANS-3: Project generated traffic would potentially cause delays at the East Grand
Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by
more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a
significant impact. There are no feasible funded or scheduled mitigation measures available to
reduce this impact to a less than significant level consistent with the requirements of City
General Plan Policy CT2-1 which requires improvement to LOS D.
TRANS-5: The proposed Project would potentially create conflicts with turning movements at
driveways and intersections on the Project site.
RESOLUTION NO.
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Mitigation
MM TRANS-1a. Future development occurring under the proposed Project shall be required to
prepare a Construction Transportation Management Plan for review and approval by the City
prior to issuance of a building permit to address and manage traffic during construction and
shall be designed to:
1. Prevent traffic impacts on the surrounding roadway network
2. Minimize parking impacts both to public parking and access to private parking to the
greatest extent practicable
3. Ensure safety for both those constructing the project and the surrounding community
4. Prevent substantial truck traffic through residential neighborhoods
The Construction Transportation Management Plan shall be subject to review and approval by
the following City departments: Community Development, Public Works, Fire, and Police, to
ensure that the Plan has been designed in accordance with this mitigation measure. This
review shall occur prior to issuance of grading or building permits. It shall, at a minimum,
include the following:
Ongoing Requirements throughout the Duration of Construction:
1. A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane configurations;
warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes,
and parking lanes. The plan shall include specific information regarding the Project’s
construction activities that may disrupt normal pedestrian and traffic flow and the
measures to address these disruptions. Such plans shall be reviewed and approved by
the Community Development Department prior to commencement of construction and
implemented in accordance with this approval.
2. Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM.
This work includes dirt and demolition material hauling and construction material
delivery. Work within the public right-of-way outside of these hours shall only be allowed
after the issuance of an after-hours construction permit.
3. Streets and equipment shall be cleaned in accordance with established Public Works
requirements.
4. Trucks shall only travel on a City-approved construction route. Limited queuing may
occur on the construction site itself.
RESOLUTION NO.
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5. Materials and equipment shall be minimally visible to the public; the preferred location
for materials is to be on-site, with a minimum amount of materials within a work area in
the public right-of-way, subject to a current Use of Public Property Permit.
6. Any requests for work before or after normal construction hours within the public right-
of-way shall be subject to review and approval through the After Hours Permit process
administered by the Building and Safety Division.
7. Provision of off-street parking for construction workers, which may include the use of a
remote location with shuttle transport to the site, if determined necessary by the City.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of
Construction:
1. The traveling public shall be advised of impending construction activities which may
substantially affect key roadways or other facilities (e.g., information signs, portable
message signs, media listing/notification, and implementation of an approved
Construction Impact Mitigation Plan).
2. A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load
Permit, as well as any Caltrans permits required for any construction work requiring
encroachment into public rights-of-way, detours, or any other work within the public
right-of-way shall be obtained.
3. Timely notification of construction schedules shall be provided to all affected agencies
(e.g., Police Department, Fire Department, Public Works Department, and Community
Development Department) and to all owners and residential and commercial tenants of
property within a radius of 500 feet.
4. Construction work shall be coordinated with affected agencies in advance of start of
work. Approvals may take up to two weeks per each submittal.
5. Public Works Department approval of any haul routes for earth, concrete, or
construction materials and equipment hauling shall be obtained.
MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the
intersection of Traffic Way and Fair Oaks Avenue.
MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane
geometry of the intersection of East Grand Avenue and West Branch Street in order to design
and install the necessary improvements including widening, restriping, and curb reconstruction
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of westbound West Branch Street/ northbound West Branch Street to create an exclusive right
turn lane.
MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share
portion of the design and construction costs for construction of two roundabouts at the
intersection of East Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of
East Branch Street and Traffic Way, or an alternative transportation improvements that would
provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project’s
long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula
from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. Applicants shall
fund a fair share of the estimated costs for construction of two roundabouts at the intersection
of East Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch
Street and Traffic Way.
MM TRANS-5a (Recommended Mitigation Measure). As part of review of permits for
development of Subarea 1 and the proposed hotel/restaurant, a circulation study shall be
prepared to guide driveway location, design, and ingress/egress access in such a way to
ensure public safety and utility.
Finding
Four mitigation measures would help to reduce four potentially significant impacts on
transportation and traffic; one impact (Impact TRANS-3) would remain significant and
unavoidable and three impacts (Impact TRANS-1, Impact Trans-2, and Impact TRANS-7)
would be reduced to a less than significant level. One mitigation measure (MM TRANS-5a) is
recommended and would further reduce an impact found to be less than significant (Impact
TRANS-5).
Evidence in Support of Finding
The FEIR found that increased construction traffic related to the Project, particularly large haul
trucks and other heavy equipment (e.g., earthmovers), may disrupt local traffic flows, result in
congestion at intersections, and generally slow traffic movement. Implementation of MM
TRANS-1a would require the preparation of a Construction Impact Mitigation Plan, which would
address construction routing and control, vehicular and pedestrian safety, pedestrian/bicycle
access, temporary street closures, and construction parking. This would reduce construction
traffic impacts to less than significant. See Section 3.10, Transportation and Traffic, of the
FEIR, pages 3.10-18 through 3.10-22.
Operational impacts of the Project were evaluated using trip generation, trip distribution, and
trip assignments contained within the Transportation Impact Analysis Report, Appendix K of the
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FEIR. The FEIR found that Project traffic would exceed City thresholds for the unsignalized
intersection at Fair Oaks Avenue/Traffic Way. Implementation of MM TRANS-2a, which
requires the installation of a new traffic signal, would mitigate this impact. See Section 3.10,
Transportation and Traffic, of the FEIR, pages 3.10-22 and 3.10-23, and Appendix K.
The FEIR found that Project-generated traffic would result in a significant impact at the
intersection of East Grand Avenue/West Branch Street. In order to mitigate this impact,
construction of two roundabouts, one at East Grand Avenue/U.S. Highway 101 northbound
ramps, and one at East Branch Street/Traffic Way would be required. However, the FEIR found
that the cost to design and construct the roundabouts may not be proportional to the level of
Project impacts at this intersections. MM TRANS-3a and b would require the Applicants to
modify the lane geometry of East Grand Avenue/West Branch Street and pay a fair share
contribution towards transportation improvement costs at this intersection. However, because
the construction of the two roundabouts is currently unscheduled and unfunded and no other
feasible mitigation measures are available, Project short-term impacts are significant and
unavoidable. However, if transportation improvements at East Grand Avenue/West Branch
Street are completed, long-term impacts could be reduced to less than significant. See Section
3.10, Transportation and Traffic, of the FEIR, pages 3.10-23 through 3.10-26, and Appendix K.
Lastly, the FEIR found that Subarea 1 access to Traffic Way would potentially create turning
movement conflicts due to relatively high speed traffic coming from the U.S. Highway 101
northbound offramp onto Traffic Way. While this impact was identified as less than significant,
MM TRANS-5a, which recommends a circulation study for Subarea 1, would further reduce this
impact. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-27 and 3.10-28.
Utilities and Public Services
Impact
UT-2: The proposed Project would require the expansion of existing utility infrastructure
including water, sewer, gas and electricity into the site; the construction of which would cause
potentially significant environmental effects.
Mitigation
Implementation of mitigation measures MM AQ-1a-d, MM BIO-1a, and MM NOI-1a-b would
ensure that expansion of existing utility infrastructure needed to support the proposed Project
would not result in potentially significant environmental effects.
RESOLUTION NO.
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Finding
With implementation of seven proposed mitigation measures included in other FEIR impact
sections, potentially significant impacts to utilities and public services would be mitigated to a
less than significant level.
Evidence in Support of Finding
Expansion of utilities within the Project site is considered a construction impact, and
construction impacts are described in detail within Sections 3.3, Air Quality and Greenhouse
Gas Emissions, 3.4, Biological Resources, and 3.8, Noise. All construction impacts associated
with the Project are mitigated to a less than significant level with application of the above
mitigation measures. See Section 3.11.4, Utilities and Public Services, of the FEIR, pages 3.11-
13 and 3.11-14.
SUMMARY OF SIGNIFICANT AND UNAVOIDABLE ADVERSE EFFECTS
With respect to the foregoing findings and in recognition of those facts that are included in the
record, the City Council has determined that the proposed Project will result in significant
unmitigated impacts to Air Quality and Traffic, as follows:
1. Air Quality and Greenhouse Gas Emissions:
a. The proposed Project would result in significant long-term operation-related air
quality impacts generated by area, energy, and mobile emissions.
b. The proposed Project is potentially inconsistent with the County of San Luis
Obispo APCD’s 2001 Clean Air Plan.
2. Transportation and Traffic:
a. Project generated traffic would potentially cause delays at the East Grand
Avenue/West Branch Street intersection which operates at unacceptable LOS F
to increase by more than 5 seconds in excess of City standards in both the AM
and PM peak hours. There are no feasible funded or scheduled mitigation
measures available to reduce this impact to a less than significant level
consistent with the requirements of City General Plan Policy CT2-1 which
requires improvement to LOS D.
RESOLUTION NO.
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PROJECT ALTERNATIVES
Legal Requirements
Section 15126.6(a) of the State CEQA Guidelines requires that an EIR include a “reasonable
range of alternatives to the project, or to the location of the project, which would avoid or
substantially lessen any significant effects of the project.” Based on the analysis in the EIR, the
Project would be expected to result in significant and unavoidable impacts to Air Quality and
Traffic. The EIR alternatives were designed to avoid or reduce these significant unavoidable
impacts, while attaining at least some of the proposed objectives of the Project. The City
Council has reviewed the significant impacts associated with the reasonable range of
alternatives as compared to the Project, and in evaluating the alternatives has also considered
each alternative’s feasibility, taking into account a range of economic, environmental, social,
legal, and other factors. In evaluating the alternatives, the City Council has also considered the
important factors listed in the Statement of Overriding Considerations listed in Section IX below.
Public Resources Code Section 21081(a)(3) provides that when approving a project for which
an environmental impact report has been prepared, a public agency may find that specific
economic, legal, social, technological, or other considerations, including considerations for the
provision of employment opportunities for highly trained workers, make infeasible the mitigation
measures or alternatives identified in the environmental impact report and, pursuant to Section
21081(b) with respect to significant effects which were subject to a finding under paragra ph (3)
of subdivision (a), the public agency finds that specific overriding economic, legal, social,
technological, or other benefits of the project outweigh the significant effects on the
environment as more fully set forth in Section IX below.
Alternatives Considered but Discarded
The following alternatives were considered but eliminated from further analysis by the Lead
Agency due to infeasibility, inconsistency with primary Project objectives, or inability to reduce
significant impacts:
Other Comparable Sites Alternative
Under the Other Comparable Sites Alternative, the proposed Project would be located at
another large, predominantly vacant property. Potential offsite alternative locations were
screened for consideration based on size requirements (approximately 15 acres) and objectives
for residential and commercial development, similar to the proposed Project. Potential sites
generally consisted of other agricultural parcels located along the City boundary, which would
not necessarily result in a reduction of impacts, and some identified sites could potentially result
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in increased traffic congestion, as well as impacts to hydrology and water quality, and biological
resources. Therefore, this alternative was considered and discarded, consistent with CEQA
Guidelines Section 15126.6(c).
Circulation Planning Alternative
An alternative circulation plan to avoid or lessen traffic and transportation safety impacts was
considered, including realignment of onsite roadways and/or connection points to surrounding
roadways, as well as, improved connectivity for onsite and offsite pedestrian and bike facilities.
However, contribution to AM and PM peak hour level of service (LOS) ‘F’ impacts at the East
Grand Avenue/West Branch Street intersection were determined to be significant and
unavoidable under this alternative and would not be reduced compared to the proposed Project.
Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section
15126.6(c).
Agricultural Preserve Alternative
Preservation of the Project site solely for agricultural production, facilitated through an
agricultural preserve designation, was considered as an alternative. However, this alternative
would be inconsistent with the City’s General Plan/Land Use Map designation intended for
traffic mixed-use development in Subarea 1. In addition, this alternative would not meet the
Project objectives, which include the provision of historical, recreational, and residential
opportunities that complement and augment existing uses in the City. Finally, this alternative
would not be necessary to reduce potentially significant impacts since the proposed Project
would meet City policies through agricultural land dedication and payment of in-lieu mitigation
fees. Therefore, this option was considered and discarded, consistent with CEQA Guidelines
Section 15126.6(c).
Additional Park and Recreational Facilities
Development of a portion of the Project site (Subarea 1) for additional park and recreational
facilities was considered as an alternative to the proposed ProjectThis would increase the ratio
of park land acres per resident as required by policies and standards in the City’s General Plan
Parks and Recreation Element. However, this alternative would be inconsistent with the City’s
General Plan/ Land Use Map for Subarea 1, and would not be necessary since the proposed
Project could meet City park standards and reduce potentially significant impacts by dedicating
and improvement the proposed neighborhood park and through payment of in-lieu mitigation
fees. Therefore, this option was considered and discarded, consistent with CEQA Guidelines
Section 15126.6(c).
RESOLUTION NO.
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Alternatives Considered for Analysis
Alternative 1: No Project Alternative
Description
Under the No Project Alternative, the Project would not be approved and no proposed
development would occur. This alternative could result in two possible outcomes.
Under one possible outcome, the No Project Alternative would be a continuation of the existing
setting. The Project site would remain vacant for the foreseeable future and no development
would occur. Under this alternative, ongoing agricultural production would continue in Subarea
2 and 3, with associated water use, application of pesticides and herbicides and other ongoing
impacts (e.g., dust generation). Subarea 3 would retain its agricultural zoning and would remain
undeveloped for the foreseeable future. Subarea 1 may remain a fallow agricultural field unless
agricultural uses are resumed. No new hotel/restaurant or residences would be constructed and
no associated new source of automobile trips would be generated with impacts to congestion,
air pollutants, and GHG emissions. In addition, the Japanese Welfare Association (JWA)
cultural heritage and historic garden facility would not be developed. Therefore, no changes
would occur with regard to aesthetics, agricultural resources, air quality, biological resources,
hazards and hazardous materials, hydrology and water quality, land use, noise, recreation,
transportation and traffic, or utilities and public services.
A second possible outcome of the No Project Alternative would be development of the Project
site in accordance with the City’s existing zoning and General Plan/Land Use Map. The City’s
General Plan/Land Use Map identifies the Project site land use as Mixed-Use (Subarea 1) and
Agriculture (Subareas 2 and 3), and defines residential densities, subdivision designs,
envisioned mixed uses, and design standards to address land use compatibility between varied
uses onsite and with the surrounding neighborhood. The current zoning designation for the
Project site is Traffic Way Mixed-Use (TMU) with D-2.11 Design Overlay (Subarea 1) and
Agriculture (Subareas 2 and 3), consistent with the City’s General Plan. Under this version of
the No Project Alternative, ongoing agricultural production would continue within Subareas 2
and 3; however, potential development of Subarea 1 could result in a variety of automobile-
related developments (e.g., automobile sales, automobile parts sales, tire store, quick vehicle
lubrication shop, and automobile care center), ranging from approximately 13,000 to 38,000
square feet (sf) of floor area, as intended by the zone designation, or other mixed-use
commercial/retail uses under a use permit, including hotel/restaurant, similar to the proposed
Project. Environmental impacts similar to the proposed Project would occur as a result of
hotel/restaurant development in Subarea 1 under a conditional use permit (CUP) (i.e.,
significant and unavoidable impacts to LOS at the East Grand Avenue/West Branch Street
intersection from the new source of automobile trips). Impacts to the Project site as a whole
RESOLUTION NO.
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would be reduced compared to the proposed Project. In addition, impacts to agricultural
resources and land use would be less than significant, as development of Subarea 1 for this
use would be consistent with existing land use and zoning. While this Subarea contains prime
farmland soils, the site is designated for development, and loss of these soils is already
anticipated in plans for City build-out. Impacts to other resource areas, including aesthetics,
biological resources, hydrology and water quality, land use, noise, recreation, and utilities and
public services would be less than under the proposed Project and would have less than
significant impacts.
Comparison to the Proposed Project
Overall, neither outcome of the No Project Alternative would achieve the stated Project objectives.
The No Project Alternative would reduce the magnitude of impacts to traffic and air quality
emissions. As the No Project Alternative would not involve the development of Subareas 2 and 3,
operational air quality emissions would be reduced and would be below APCD’s air quality
emissions thresholds and would achieve greater consistently with the CAP; however, traffic
impacts would still potentially be significant under the No Project Alternative, in particular, LOS at
the East Grand Avenue/West Branch Street intersection.
Finding
Implementation of the No Project Alternative would result in less adverse environmental impacts
than the proposed Project; however, project objectives would not be met.
Alternative 2: Reduced Development Alternative
Description
The Reduced Development Alternative is designed to meet the central objectives of the
proposed East Cherry Avenue Specific Plan, namely, to provide for historical, recreational, and
residential opportunities that both complement and augment the existing uses in the City.
However, this alternative would reduce the scale and intensity of proposed development, and
associated trip generation and intersection congestion, air pollutants, and GHG emissions
generated by new source of automobile trips.
Under this alternative, reductions within the hotel/restaurant component in Subarea 1 and the
residential component in Subarea 2 would reduce the number of hotel rooms/restaurant size
and the number of residences compared to the proposed Project. The specific square footage
and number of units reduced under this alternative was determined based on trip reduction
necessary to reduce potential impacts at the Fair Oaks Avenue/Traffic Way intersection from a
RESOLUTION NO.
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less than significant unavoidable impact with mitigation under the proposed Project, to a less
than significant impact with mitigation.
Subarea 1. Based on a traffic level reduction required to reduce impacts to the Fair
Oaks Avenue/Traffic Way intersection, the proposed number of hotel rooms in Subarea
1 would be reduced from approximately 100 to 70, and the restaurant size would be
reduced from approximately 4,000 to 3,000 sf.
Subarea 2. Based on traffic level reduction required to reduce impacts to the Fair Oaks
Avenue/Traffic Way intersection, the number of proposed residences in Subarea 2
would be reduced from 58 to 40.
Subarea 3. Development within Subarea 3 would the same as under the proposed
Project.
Based on these development reductions and a traffic rate of 8.92 trips/unit/day, traffic
generated by the development of a 70 unit hotel would result in a total of 624.4 trips per day,
with an AM peak trip level of 46.9 and a PM peak trip level of 70.7. For the Subarea 2
development, a traffic rate of 9.52 trips/unit/day for a 40 housing units would equate to a total of
380.3 trips per day, with an AM peak trip level of 30.0 and a PM peak trip level of 40.0. Under
these reduced development plans, total trips per day would be reduced by approximately 449
trips/day, from a total of 1,646 trips/day generated under the proposed Project, to 1,197
trips/day, with an AM peak trip level of 76 and a PM peak trip level of 104 for the Project.
Initial traffic analysis indicates that the reductions in hotel rooms/restaurant size and residences
under this alternative would reduce delays and congestion the Fair Oaks Avenue/Traffic Way
intersection to a less than significant impact, and implementation of any mitigations measures
required under the proposed Project would not be required. Despite a reduction in trips
generated by reduced development of the Project, implementation of this alternative would not
reduce traffic impacts at the East Grand Avenue/West Branch Street intersection below a
significant and unavoidable impact; therefore, impacts at this intersection would remain the
same as those anticipated under the proposed project. In addition, reduced employment could
incrementally reduce long-distance commuting. Therefore, this alternative would reduce, but not
eliminate all of the proposed Project’s significant impacts to traffic and transportation.
Short-term air quality impacts would be slightly less than those described for the proposed
Project as a result of decreased construction building size for the hotel/restaurant and number
of residences, but remain less than significant with mitigations. Operational air quality impacts
would be reduced as smaller development would result in fewer automobile trips for
hotel/restaurant patrons and residents, and a decrease in air pollutants and GHG emissions
when compared to the proposed Project. With the reduction in daily trips due to reduced
development of the Project, this alternative would further reduce operational air quality
RESOLUTION NO.
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emissions, and impacts would potentially be less than significant. This alternative would also
potentially achieve CAP consistency if standard mitigation measures within the CAP are
applied.
Visual impacts would be slightly less than under the proposed Project due to the decrease in
square footage of new building space and resulting views of a reduced scale and intensity
development from U.S. Highway 101 and surrounding streets. Lighting and glare imp acts would
also be somewhat less due to the decreased amount of development in proximity to the existing
residential uses surrounding the site. Similar to the proposed Project, standards for outdoor
lighting would be applied, per Section 16.48.090 of the City Municipal Code, and exterior light
fixtures would be shielded and directed downward to avoid light spill and glare, per Project
Design Guidelines and General Plan Policy Ag/C/OS.23. Overall aesthetics impacts would
remain less than significant.
Short- and long-term noise impacts associated with reduced development of Subarea 1 (i.e.,
construction, maintenance and pickup/delivery activities, and noise-generating rooftop
equipment such as air conditioners or kitchen ventilation systems) would be slightly less than
under the proposed Project due to the reduced development size and close proximity of
residential units onsite. Mitigation measures listed within Section 3.8, Noise, would continue to
be applied to this alternative in order to reduce impacts to below a less than significant level.
Similarly, impacts to utilities and public services would slightly decrease with the reduced hotel
rooms/restaurant size and dwelling units requiring water, wastewater, solid waste, and police
and fire services, and would be less than significant.
Impacts to recreation, associated with the City’s required parkland-resident ratio of 4 acres per
1,000 individuals, would be reduced due to the decrease in residential units and individuals.
The number of single-family medium-density residences in Subarea 2 would be reduced from
58 to 40, with an associated reduction in individuals from 140 to 96. Under this alternative, the
estimated 96 new residents would require 0.38 acres of parkland to meet City standards.
Therefore, the proposed Project’s development of a 0.35-acre neighborhood park within
Subarea 2 would require the dedication of an additional 0.03 acres of parkland. Similar to the
proposed Project, mitigation for payment of a park improvement in-lieu fee equal to the fair
market land value, plus twenty (20) percent toward the cost of offsite improvement, for the
additional 0.03 acres of parkland would reduce impacts to less than significant.
Comparison to the Proposed Project
Impacts to agriculture, biology, hazards and hazardous materials, hydrology and water quality,
and land use under the Reduced Development Alternative would be slightly less or similar to
those described for the proposed Project. All proposed Project mitigation measures would also
apply under this alternative. Overall, this alternative would reduce impacts to transportation and
RESOLUTION NO.
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GHG emissions. However, LOS impacts at the East Grand Avenue/West Branch Street would
continue to be significant and unavoidable.
Finding
Implementation of the Reduced Development Alternative would result in less adverse
environmental impacts than the proposed Project. This alternative has been identified as the
environmentally superior alternative, but Project objectives would only be partially met.
STATEMENT OF OVERRIDING CONSIDERATIONS
As set forth in the preceding sections, the City’s approval of the East Cherry Avenue Specific
Plan Project will result in environmental impacts that cannot be substantially lessened or
avoided. The following adverse impacts of the proposed Project are considered significant and
unavoidable based on the Final EIR, and conclusions and findings of the City Council. While
mitigation measures would reduce these impacts, impacts would remain significant and
unavoidable.
C. Project-Level Impacts
Impact AQ-2: The proposed Project would result in significant long-term operation-related air
quality impacts generated by area, energy, and mobile emissions. This impact is significant and
unavoidable.
Impact AQ-5: The proposed Project is potentially inconsistent with the County of San Luis
Obispo APCD’s 2001 Clean Air Plan. This impact is significant and unavoidable.
Impact TRANS-3: Project generated traffic would potentially cause delays at the East Grand
Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by
more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a
significant impact. There are no feasible funded or scheduled mitigation measures available to
reduce this impact to a less than significant level consistent with the requirements of City
General Plan Policy CT2-1 which requires improvement to LOS D. Therefore, this impact is
significant and unavoidable.
RESOLUTION NO.
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Cumulative Impacts
Air Quality and Greenhouse Gas Emissions:
Long-term operation of the proposed Project would contribute cumulatively and considerably to
localized air quality emissions throughout the City and region. Therefore, the Project
contribution to cumulative impacts to air quality and greenhouse gases would result in
significant and unavoidable effects.
Transportation and Traffic:
Under cumulative conditions, significant LOS impacts would continue to occur at the
intersection of East Grand Avenue/West Branch Street, which cannot be readily mitigated in a
known timeframe because of lack of funding and programming. Therefore, the Project
contribution to cumulative impacts to transportation and traffic is considered significant and
unavoidable.
Conclusion
Section 15093 of the CEQA Guidelines requires the decision-making agency to balance the
economic, legal, social, technological, or other benefits of a proposed Project against its
unavoidable impacts. When the lead agency approves a project that will result in significant
effects identified in the Final EIR that are not avoided or substantially lessened, the agency
must state in writing the reasons in support of its action based on the Final EIR and the
information in the record. The statement of overriding considerations shall be supported by
substantial evidence in the record. Accordingly, the following Statement of Overriding
Considerations with respect to the proposed Project's significant unavoidable impacts is hereby
adopted.
The City Council has balanced the benefits of the proposed Project against its unavoidable
adverse environmental risks in determining whether to approve the proposed Project. The City
Council finds that the economic, social and other benefits, which would result from development
of this proposed Project, outweigh the unavoidable environmental impacts identified above. In
making this finding, the City Council considered benefits of the proposed Project to outweigh
the unavoidable adverse environmental effects, for the following reasons:
The City Council finds that development of the Project site with commercial mixed uses
and residential uses would be consistent with the City of Arroyo Grande’s General Plan.
RESOLUTION NO.
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The creation of new housing stock may enhance the City’s job-housing balance and
provide opportunities for increased employee-residents, which could result in reductions
to resident commutes outside the City boundaries.
Development of commercial uses would contribute toward the Transient Occupancy Tax
revenues and would generate new employment opportunities for City residents.
Short-term construction-related employment will be provided for development of all three
Subareas.
Additionally, the proposed Project would meet City goals of improvement of
transportation and circulation; and enhancement of cultural, educational, and
recreational opportunities within the community.
Benefits of the proposed Project that the City Council considered are described below:
Subarea 1 has been long recognized in the City’s General Plan for projects that would
accommodate appropriate (i.e., in character and appearance) and revenue-generating
development.
The proposed Project would provide more opportunities for businesses to be located
within the Project site, which would provide more employment opportunities for residents
and attract new residents to the City.
The proposed Project would increase the number of employees within Subarea 1 of the
Project site, which would provide additional opportunities for existing businesses in the
area.
The proposed Project would increase local government revenues via additional business
tax, which in turn would be used to enhance City services.
Residential components of the Specific Plan would contribute to the City’s affordable
housing via the in-lieu fee.
Design guidelines and standards for the Traffic Way/Station Way include special
considerations for anticipated visitor-serving uses, and shared parking.
Provision of Class II bicycle lanes in both directions along East Cherry Avenue, parallel
to the Project’s northern boundary.
Provision of public sidewalks, parkways, and parking along East Cherry Avenue and the
Project Boundary.
Provision of public sidewalks, parkways, parking, along segments of the Project’s
interior road system, including a Class II bicycle lane along the Project Collector Road.
Design and construction of a traffic signal at the Fair Oaks Avenue/Traffic Way
intersection would minimize impacts to the intersection and be a benefit to the
community/neighborhood for pedestrian enhancement.
Residential development would foster neighborhood connectivity through the design of
streets, sidewalks/pathways, and alternative modes of transportation.
Subarea 3 would include three garden zones and would provide community benefits in
the forms of cultural, educational, and passive recreational opportunities.
The above statements of overriding considerations are consistent with, and substantially
advance, the following goals and policies of the City's General Plan:
RESOLUTION NO.
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City of Arroyo Grande General Plan
Circulation Element:
Goal CT3 – Maintain and improve existing “multi-modal” circulation and transportation
systems and facilities, to maximize alternatives to new street and highway construction.
Policy CT3-3 – Promote non-motorized bike and pedestrian circulation facilities to serve
all areas of the City and linking regional systems, with priority coordination with school,
park, transit and major public facilities.
Goal CT4 – Ensure compatibility and complementary relationships between the
circulation/transportation system and existing and planned land uses, promoting
environmental objectives such as safe and un-congested neighborhoods, energy
conservation, reduction of air and noise pollution, transit, bike and pedestrian friendly
characteristics.
Economic Development Element:
Goal ED3 – Enhance business retention and expansion consistent with the General Plan
Land Use Policies to promote and enhance baseline job opportunities within the City for
local residents.
Policy ED3-3 – Incorporate zoning regulations that promote infill development with
opportunities for retaining and expanding businesses.
Policy ED3-4 – Continue to balance economic goals with strong policies and programs
that promote and maintain the community’s environment, quality of life, and rural
character.
Goal ED5 – Pursue unique opportunities to promote continuity within commercial service
and retail business sectors of the City.
Policy ED5-1 – Promote local patronage and strong performance in satisfying local
demand for goods and services and the creation of additional jobs.
RESOLUTION NO.
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Land Use Element:
Goal LU9 – Provide for appropriate maintenance, development and placement of
Community Facilities (CF) relative to existing planned land uses.
Policy LU9-4 – Ensure that new developments provide opportunities for recreation that
are commensurate with the level and type of development. Ensure that recreational
uses are compatible with surrounding uses and with sensitive resources that may be
present.
Goal LU10-2 – For relatively large properties or sites involving diverse adjoining land uses
or unusual or unique features, the City may utilize a “Planned Development” or “Specific
Plan” combining designation or land use classifications.
Policy LU10-2.3 – Encourage appropriate use of Specific Plans, and/or Planned
Development combining designation with beneficial features that could not otherwise be
achieved. Examples of such features include clustering houses and maintaining open
spaces, mixed use, and a design that is sensitive to the site as a whole and its setting.
The Council hereby finds that each of the reasons stated above constitutes a separate and
independent basis of justification for the Statement of Overriding Considerations, and each is
able to independently support the Statement of Overriding Considerations and override the
proposed Project's unavoidable environmental effects. In addition, each reason is
independently supported by substantial evidence contained in the administrative record. All
proposed Project impacts, including the effects of previously identified cumulative impacts, are
covered by this Statement of Overriding Considerations.
MITIGATION MONITORING AND REPORTING PROGRAM
The City Council recognizes that any approval of the proposed Project would require concurrent
approval of a Mitigation Monitoring and Reporting Program (MMRP), which ensures
performance of identified mitigation measures. Such an MMRP would identify the entity
responsible for monitoring and implementation, and the timing of such activities. The City will
use the MMRP to track compliance with proposed Project mitigation measures. The MMRP will
remain available for public review during the compliance period. The MMRP is included as part
of the Final EIR, and is hereby incorporated by reference.
RESOLUTION NO.
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THE RECORD
The environmental analysis provided in the EIR and these findings are based on and are
supported by the following documents, materials and other evidence, which constitute the
administrative record for the approval of the Project:
A. All application materials for the Project and supporting documents submitted by the
applicant, including but not limited to those materials constituting the Project and listed in
Attachment A.
B. The NOP, comments received on the NOP and all other public notices issued by the City in
relation to the EIR (e.g., Notice of Availability).
C. The Draft EIR, the Final EIR, all appendices to any part of the EIR, all technical materials
cited in any part of the EIR, comment letters, oral testimony, responses to comments, as well
as all of the comments and staff responses entered into the record orally and in writing between
April 11, 2016 and May 26, 2016.
D. All non-draft and/or non-confidential reports and memoranda prepared by the City and
consultants related to the EIR, its analysis and findings.
E. Minutes and transcripts of the discussions regarding the Project and/or Project components
at public hearings or scoping meetings held by the Planning Commission and the City Council.
F. Staff reports associated with Planning Commission and Council Meetings on the Project and
supporting technical memoranda and any letters or other material submitted into the record by
any party.
G. Matters of common knowledge to the City Council which they consider, such as the Arroyo
Grande General Plan, any other applicable specific plans or other similar plans, and the Arroyo
Grande Municipal Code.
LOCATION AND CUSTODIAN OF RECORDS
The documents and other materials that constitute the record of proceedings on which the City
Council findings regarding the mitigation measures and statement of overriding considerations
are based are located and in the custody of the Community Development Department, 300 E.
Branch Street, Arroyo Grande, CA 93420. The location and custodian of these documents is
provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA
Guidelines Section 15091(e).
RESOLUTION NO.
PAGE 138
EXHIBIT E
MITIGATION MONITORING AND REPORTING PROGRAM
The following Mitigation Monitoring and Reporting Program (MMRP) provides a summary of
each mitigation measure for the proposed East Cherry Specific Plan (Project) and the monitoring
implementation responsibility for each measure. The MMRP for the proposed Project will be in
place through all phases of the Project, including design, construction, and operation.
RESPONSIBILITIES
The City of Arroyo Grande (City) will act as the lead implementing agency and approve a
program regarding reporting or monitoring for the implementation of approved mitigation
measures for this project to ensure that the adopted mitigation measures are implemented as
defined in the Final Environmental Impact Report (EIR) for the East Cherry Avenue Specific Plan.
For each MMRP activity, the Applicants will either administer the activity or delegate it to staff,
consultants, or contractors. The Applicants will ensure that monitoring is documented as required
and that deficiencies are promptly corrected. The designated environmental monitor depending
on the provision specified below (e.g., City staff, environmental monitor, certified professionals,
etc.) will track and document compliance with mitigation measures, note any problems that may
result, and take appropriate action to remedy problems. The City or its designee(s) will ensure
that each person delegated any duties or responsibilities is qualified to monitor compliance.
MONITORING PROCEDURES
Many of the monitoring procedures will be conducted during the construction phase of the
Project. The City or its designee(s) and the environmental monitor(s) are responsible for
integrating the mitigation monitoring procedures into the construction process in coordination with
the Applicants. To oversee the monitoring procedures and to ensure success, the environmental
monitor assigned to a monitoring action must be onsite during the applicable portion of
construction that has the potential to create a significant environmental impact or other impact
for which mitigation is required. The environmental monitor is responsible for ensuring that all
procedures specified in the monitoring program are followed.
RESOLUTION NO.
PAGE 139
MONITORING TABLE
For each mitigation measure, Table 1 identifies 1) the full text of the mitigation; 2) plan
requirements and applicable timing; 3) and how the action will be monitored and the agency
responsible for verifying compliance.
East Cherry Specific Plan 140 Mitigation Monitoring and Reporting Program Table 1. Mitigation Monitoring Table
Mitigation Measure
Plan Requirements &
Timing Monitoring
Aesthetics and Visual Resources
MM VIS-1a The Architectural Review Committee shall review Project design and consider
impacts to the scenic resources available on or adjacent to the Project site, with particular
consideration to the Santa Lucia Mountains. This includes the review of building siting, height,
massing, design, and setbacks. The Architectural Review Committee shall determine whether
structures obstruct important views of scenic resources, and/or propose design alterations to reduce
impacts to important views of scenic resources.
The City shall ensure
design of the Project
does not obstruct
important views of
scenic resources. The
Applicants shall
incorporate
recommendations to
protect scenic resources
and/or views into the
Project design prior to
permit approval.
The City shall ensure
adequate protection of
scenic resources
present onsite, from
the Project site, or
from adjacent viewing
areas/corridors during
planning and design
review.
MM VIS-4a Upon review of the Project, the Architectural Review Committee shall consider the
minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the
visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate
streetlights and security lighting for public safety.
The Architectural
Review Committee
shall ensure the Project
does not introduce
sources of lighting that
would unnecessarily or
excessively disrupt the
quality of nighttime
sky, while continuing
to allow lighting for
public safety and
security. The
Applicants shall
incorporate
recommendations to
reduce nighttime
lighting impacts into
The City shall ensure
street lighting
proposed by the
Project does not
unnecessarily obstruct
the quality of the
nighttime sky while
continuing to provide a
sufficient amount of
lighting to ensure
public safety.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 141 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
the Project design prior
to development plan or
permit approval.
Agricultural Resources
MM AG-2a The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss of 1.74 acres
of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related policies. At
the discretion of the City Council, options may include, but not be limited to: 1) Applicant to purchase
a parcel of land (size to be determined by City Council) to be put into an agricultural conservation
easement, 2) Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and preserving
agricultural land; 3) Council may determine that the 9.79 -acre parcel intended to mitigate the loss of
prime soils for Subarea 2 also mitigates impacts within Subarea 3; or 4) any other approach
determined to be acceptable to the City Council to satisfy the intent of General Plan Goal Ag1 and
related policies.
In making their determination, the City Council may conside r the following circumstances: 1) the loss
of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is considered less
than significant based on the LESA methodology (see Impact AG-1); and 2) Subarea 3 has not
historically been in agricultural production.
Based on the above considerations, on July 26, 2016, the City Council determined that no additional
mitigation measures (either dedicated land or fees) will be required, provided that development for
Subarea 3 is in substantial conformance with what is described in the Specific Plan.
Notices, in-lieu fees
and/or agricultural
conservation easements
shall be submitted for
review and approval by
the City prior to permit
approval for applicable
development areas
within the Specific
Plan.
The City shall ensure
compliance with the
Agriculture,
Conservation and
Open Space Element
of the General Plan.
The City Council shall
make the final decision
on the specific
requirements for
agricultural mitigation
prior to permit
approval for the
Project.
Air Quality and Greenhouse Gas Emissions
MM AQ-1a The following standard air quality mitigation measures shall be implemented during
construction activities at the Project site:
• Reduce the amount of disturbed area where possible;
• Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle
movement damp enough to prevent dust from leaving the site. At a minimum, this would require
twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased
watering frequency would be required when wind speeds exceed 15 miles per hour (mph).
Reclaimed water (non-potable) shall be used when possible;
The Applicants are
required to show
measures on grading
and building plans and
adhere to measures
throughout all grading,
hauling, and
construction activities.
Dust control
City staff shall ensure
measures are on plans.
Grading and building
inspectors shall spot
check; Grading and
building inspectors
shall ensure
compliance onsite.
APCD inspectors shall
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 142 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
• All dirt stock pile areas should be sprayed daily as needed;
• Permanent dust control measures identified in the approved project revegetation and
landscape plans should be implemented as soon as possible following completion of any soil
disturbing activities;
• Exposed ground areas that are planned to be reworked at dates greater than one mo nth after
initial grading shall be sown with a fast germinating native grass seed and watered until vegetation
is established;
• All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
• All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible.
In addition, building pads should be laid as soon as possible after grading unless seeding or soil
binders are used;
• Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at
the construction site;
• All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain
at least two feet of freeboard in accordance with California Vehicle Code Section 23114;
• Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off
trucks and equipment leaving the site;
• Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible;
• All of these fugitive dust mitigation measures shall be shown on grading and building plans;
and
• The contractor or builder should designate a p erson or persons to monitor the fugitive dust
control emissions and enhance the implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust
offsite. Their duties shall include holiday and weekend periods when work may not be in progress.
The name and telephone number of such persons shall be provided to the APCD Compliance
Division prior to the start of any grading, earthwork or demolition.
requirements shall be
noted on all grading
and building plans. The
contractor or builder
shall provide City
monitoring staff and
the APCD with the
name and contact
information for an
assigned onsite dust
control monitor(s) who
has the responsibility
to: a) assure all dust
control requirements
are complied with
including those
covering weekends and
holidays, b) order
increased watering as
necessary to prevent
transport of dust
offsite, c) attend the
pre-construction
meeting. The dust
monitor shall be
designated prior to
permit issuance. The
dust control
components apply from
the beginning of any
grading or construction
throughout all
development activities
until Final Building
conduct periodic site
visits to ensure
compliance and
respond to nuisance
complaints.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 143 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
Inspection Clearance is
issued and landscaping
is successfully
installed.
MM AQ-1b The following standard air quality mitigation measures for construction equipment
shall be implemented during construction activities at the Project site:
• Maintain all construction equipment in proper tune according to manufacturer’s
specifications;
• Fuel all off-road and portable diesel powered equipment with CARB-certified motor vehicle
diesel fuel (non-taxed version suitable for use off-road).
• Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road
heavy-duty diesel engines, and comply with the State off-Road Regulation;
• Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for
on-road heavy-duty diesel engines and comply with the State On -Road Regulation;
• Construction or trucking companies with fleets that do not have engines in their fleet that
meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area
fleets) may be eligible by proving alternative compliance;
• On- and off-road diesel equipment shall not be allowed to idle for more than five minutes.
Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-
minute idling limit;
• Diesel idling within 1,000 feet of sensitive receptors in not permitted;
• Staging and queing areas shall not be loated within 1,000 feet of sensitive receptor s;
• Electrify equipment when feasible;
• Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and,
• Use alternatively fueled construction equipment onsite where feasible, such as compressed
natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel.
The Applicants are
required to show
measures on grading
and building plans and
adhere to measures
throughout all grading,
hauling, and
construction activities.
City staff shall ensure
measures are on plans.
Grading and building
inspectors shall spot
check; Grading and
building inspectors
shall ensure
compliance onsite.
APCD inspectors shall
conduct periodic site
visits to ensure
compliance and
respond to nuisance
complaints.
MM AQ-1c A Construction Activity Management Plan shall be included as part of Project
grading and building plans and shall be submitted to the APCD for review and to the City for approval
prior to the start of construction. In addition, the contractor or builder shall designate a person or
The Applicants are
required to show
measures on grading
City staff shall ensure
measures are on plans.
Grading and building
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 144 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
persons to monitor the dust control program and to order increased watering, as necessary, to prevent
transport of dust offsite. Their duties shall include holidays and weekend periods when work may not
be in progress. The name and telephone of such persons shall be provided to the APCD prior to land
use clearance for map recordation and grading. The plan shall include but not be limited to the
following elements:
• Schedule construction truck trips during non-peak hours (as determined by the Public Works
Director) to reduce peak hour emissions;
• Tabulation of on and off-road construction equipment (age, horse-power and miles and/or
hours of operation;
• Limit the length of the construction work-day period, if necessary; and,
• Phase construction activities, if appropriate.
and building plans and
adhere to measures
throughout all grading,
hauling, and
construction activities.
inspectors shall spot
check; Grading and
building inspectors
shall ensure
compliance onsite.
APCD inspectors shall
conduct periodic site
visits to ensure
compliance and
respond to nuisance
complaints.
MM AQ-1d To reduce ROG and NOx levels during the architectural coating ph ase, low or no
VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint
(Odorless, Zero VOC Paint).
The Applicants are
required to show
measures on building
plans.
City staff shall ensure
measures are on plans.
Building inspectors
shall spot check and
ensure compliance
onsite. APCD
inspectors shall
conduct periodic site
visits to ensure
compliance and
respond to nuisance
complaints.
MM AQ-2a The Applicants shall include the following:
• Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense
Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed spray
irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15
percent reduction in outdoor landscaping.
• Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15
percent reduction in waste disposal, and use waste efficient landscaping.
The Applicants are
required to implement
the above standard
mitigation measures
from the APCD CEQA
Air Quality Handbook
including those
specified above prior to
City staff shall ensure
measures are on plans.
City staff can work
with the Applicants to
ensure that these
strategies are
implemented. APCD
inspectors or other
City-approved
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 145 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
• Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area
disturbed in accordance with CARB Rule 403.
development plan or
permit approval. City
staff shall ensure the
above measures are
incorporated into the
development plan and
building plans prior to
permit issuance.
compliance monitors
shall conduct periodic
site visits to ensure
compliance and
respond to nuisance
complaints.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 146 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
MM AQ-2b Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air
Quality Handbook, the following mitigation measures would apply to the Project.
Mitigation Measures Included from APCD CEQA Air Quality Handbook
Measure
# Measure Type Mitigation Measure
Pollutant
Reduced1
Applicant(s) Will
Include This
Mitigation
Applicable to All Subareas
43. Site design,
Transportation
Improve job / housing balance
opportunities within
communities.
O, P, GHG All
Subarea 2 will pay
affordable housing
in lieu fee.
Subarea 3 would be
below market rate.
44. Site design Orient buildings toward streets
with automobile parking in the
rear to promote a pedestrian-
friendly environment.
O, P, GHG All
45. Site design Provide good access to/from the
development for pedestrians,
bicyclists, and transit users.
O, P, GHG All
Improvements to
East Cherry Avenue
include new bicycle
lanes and sidewalks,
where none exist
now. The collector
road will have
bicycle lanes and
sidewalks.
46. Site design Pave and maintain the roads and
parking areas
P All
47. Site design Increase density within the urban
core and urban reserve lines.
O, P, GHG All
Assumed 5 dwelling
units per acre for
Subarea 2 and 15
dwelling units/acre
The Applicants are
required to implement
the above standard
mitigation measures
from the APCD CEQA
Air Quality Handbook
including those
specified above prior to
development plan or
permit approval. City
staff shall ensure the
above measures are
incorporated into the
development plan and
building plans prior to
permit issuance.
City staff shall ensure
measures are on plans.
City staff can work
with the Applicants to
ensure that these
strategies are
implemented. APCD
inspectors or other
City-approved
compliance monitors
shall conduct periodic
site visits to ensure
compliance and
respond to nuisance
complaints.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 147 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
for Subarea 3.
Subarea 1 = 36 full
time equivalent
jobs.
48. Site design;
transportation
Provide easements or land
dedications and construct
bikeways and pedestrian
walkways.
O, P, GHG All
49. Energy efficiency Utilize built-in energy efficient
appliances (i.e. Energy Star®).
O, P, GHG All
Assume 100% of
appliances would be
energy efficient for
all subareas.
50. Energy efficiency Utilize energy efficient interior
lighting.
O, P, GHG All
100% lighting
energy reduction
for all subareas.
Applicable to Subarea 1
51. Site design Driveway design standards (e.g.,
speed bumps, curved driveway)
for self-enforcing of reduced
speed limits for unpaved
driveways.
P Subarea 1
Assumed 15 MPH
for unpaved roads.
52. Site design Development is within 1/4 mile
of transit centers and transit
corridors.
O, P, GHG Subarea 1
Closest transit stop
is at Traffic Way &
Fair Oaks.
53. Site design No residential wood burning
appliances.
O, P, GHG Subarea 1
54. Site design 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
O, GHG Subarea 1
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 148 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
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.
55. Energy efficiency Increase the building energy
rating by 20% above Title 24
requirements. Measures used to
reach the 20% rating cannot be
double counted.
O, GHG Subarea 1
56. Energy efficiency Plant drought tolerant, native
shade trees along southern
exposures of buildings to reduce
energy used to cool buildings in
summer.
O, GHG Subarea 1
Minimum of 120
trees planted.
57. Energy efficiency Utilize green building materials
(materials which are resource
efficient, recycled, and
sustainable) available locally if
possible.
O, DPM,
GHG
Subarea 1
58. Energy efficiency Install high efficiency heating
and cooling systems.
O, GHG Subarea 1
59. Energy efficiency Utilize high efficiency gas or
solar water heaters.
O, P, GHG Subarea 1
60. Energy efficiency Utilize double-paned windows. O, P, GHG Subarea 1
61. Energy efficiency Utilize low energy street lights
(i.e. sodium).
O, P, GHG Subarea 1
62. Energy efficiency Install door sweeps and weather
stripping (if more efficient doors
and windows are not available).
O, P, GHG Subarea 1
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 149 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
63. Energy efficiency Install energy-reducing
programmable thermostats.
O, P, GHG Subarea 1
64. Energy efficiency Participate in and implement
available energy-efficient rebate
programs including air
conditioning, gas heating,
refrigeration, and lighting
programs.
O, P, GHG Subarea 1
65. Energy efficiency Use roofing material with a solar
reflectance values meeting the
EPA/DOE Energy Star® rating
to reduce summer cooling needs.
O, P, GHG Subarea 1
66. Energy efficiency Utilize onsite renewable energy
systems (e.g., solar, wind,
geothermal, low-impact hydro,
biomass and bio-gas).
O, P, GHG Subarea 1
67. Energy efficiency 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.
O, GHG Subarea 1
68. Transportation Project provides a display case
or kiosk displaying
transportation information in a
prominent area accessible to
employees or residents.
O, P, GHG Subarea 1
69. Transportation Provide electrical charging
station for electric vehicles.
O, P, GHG Subarea 1
70. Transportation Provide free-access telework
terminals and/or wi-fi access in
multi-family projects.
O, P, GHG Subarea 1
Applicable to Subarea 2
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 150 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
71. Site design Incorporate outdoor electrical
outlets to encourage the use of
electric appliances and tools.
O, P, GHG Subarea 2
Includes 20%
electric leafblower
and chainsaw.
72. Site design;
transportation
Incorporate traffic calming
modifications to Project roads,
such as narrower streets, speed
platforms, bulb-outs and
intersection designs that reduce
vehicles speeds and encourage
pedestrian and bicycle travel.
O, P, GHG Subarea 2
East Cherry Avenue
= 100%
improvement.
Collector road =
25%.
73. Energy efficiency Orient 75 percent or more of
homes and/or buildings to be
aligned north / south to reduce
energy used to cool buildings in
summer.
O, GHG Subarea 2
74. Energy efficiency 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).
O, GHG Subarea 2
75. Energy efficiency Utilize low energy traffic signals
(i.e. light emitting diode).
O, P, GHG Subarea 2
76. Energy efficiency Utilize onsite renewable energy
systems (e.g., solar, wind,
geothermal, low-impact hydro,
biomass and bio-gas).
O, P, GHG Subarea 2
PVs will be an
option for home
buyers.
77. Transportation Provide storage space in garage
for bicycle and bicycle trailers,
or covered racks / lockers to
service the residential units.
O, P, GHG Subarea 2
Applicable to Subarea 3
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 151 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
78. Site design Provide a pedestrian-friendly and
interconnected streetscape to
make walking more convenient,
comfortable and safe (including
appropriate signalization and
signage).
O, P, GHG Subarea 3
79. Site design Incorporate outdoor electrical
outlets to encourage the use of
electric appliances and tools.
O, P, GHG Subarea 3
Includes 20%
electric leafblower
and chainsaw.
80. Energy efficiency Utilize green building materials
(materials which are resource
efficient, recycled, and
sustainable) available locally if
possible.
O, DPM,
GHG
Subarea 3
81. Energy efficiency Install high efficiency heating
and cooling systems.
O, GHG Subarea 3
82. Energy efficiency Utilize double-paned windows. O, P, GHG Subarea 3
83. Energy efficiency Install door sweeps and weather
stripping (if more efficient doors
and windows are not available).
O, P, GHG Subarea 3
84. Energy efficiency Install energy-reducing
programmable thermostats.
O, P, GHG Subarea 3
MM AQ-3a The Applicants shall implement the following Best Available Control Technology
(BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel
exhaust to sensitive receptors:
Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road
compliant engines;
Repowering equipment with the cleanest engines available; and,
Installing California Verified Diesel Emission Control Strategies.
The Applicants are
required to adhere to
measures throughout all
grading, hauling, and
construction activities.
The Applicants shall
coordinate with the
APCD prior to permit
issuance.
City staff shall ensure
measures are on plans.
APCD inspectors shall
conduct periodic site
visits to ensure
compliance and
respond to nuisance
complaints.
MM AQ-3b The Applicants shall ensure that all equipment used in operational activities has the The Applicants are City staff shall ensure
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 152 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
necessary APCD permits when appropriate. To minimize potential delays, prior to the start of
development within each subarea, the APCD’s Engineering Division shall be contacted for specific
information regarding permitting requirements.
required to adhere to
measures throughout all
grading, hauling, and
construction activities.
The Applicants shall
coordinate with the
APCD prior to permit
issuance.
measures are on plans.
APCD inspectors shall
conduct periodic site
visits to ensure
compliance and
respond to nuisance
complaints.
MM AQ-5a Consistent with the City’s Goal CT4 to promote transit use, the Applicants shall
coordinate with the City Public Works and Community Development Department and work with
SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site.
The City shall
determine the need and
exact location for an
additional transit stop,
and shall coordinate
with the Applicants to
determine the
appropriate actions
required, and/or fair
share of payment for
funding the additional
transit stop. Based on
the findings, the
Applicants shall submit
payment of their fair
share of funding prior
to issuance of use or
CUP permits.
The City would be
responsible for
determining
appropriate actions
and/or the amount of
payment of fair shares
for the Applicants
commensurate with
metrics that
demonstrate the
relative level and
intensity of proposed
development (e.g.,
square footage, land
use type, trip
generation, etc.).
Biological Resources
MM BIO-1a Construction equipment and vehicles shall be stored at least 100 feet away from
areas associated with the existing drainage and adjacent oak woodland habitat, and all construction
vehicle maintenance shall be performed in a designated vehicle storage and maintenance area.
A construction
management plan that
identifies construction-
related staging and
maintenance areas shall
The City shall ensure
compliance with
Policy C/OS2-1.6 of
the General Plan. An
Environmental
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 153 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
be submitted for review
and approval by the City
prior to the initiation of
construction. The Plan
shall be designed to
address erosion and
sediment control during
all phases of
development of the site
until all disturbed areas
are permanently
stabilized.
Monitor shall be made
available to monitor
environmental
compliance of the
construction activities.
The City shall also
inspect the Project site
during monitor runoff
construction to.
MM BIO-2a Vegetation removal and initial site disturbance for Project construction shall be
conducted between September 1 and January 31, outside of the primary nesting season for birds,
unless City-approved preconstruction nesting bird surveys are conducted that determine if any active
nests would be impacted by project construction. If no active nests are found, then no further
mitigation shall be required. If any active nests are found, then these nest sites shall be avoide d with
the establishment of a non-disturbance buffer zone around active nest, which shall be in place until the
adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings,
and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be
verified by the Project Environmental Monitor through submission of compliance reports.
A migratory and
nesting bird
management plan shall
be submitted for review
and approval by the
City prior to the
initiation of
construction.
Construction shall be
conducted between
September 1 and
January 31 unless no
active nests are found.
The City shall ensure
compliance with
Sections 3505 and
3503.1 of the Fish and
Game Code of
California. An
Environmental
Monitor and qualified
biologist shall be made
available to monitor
environmental
compliance of the
construction activities,
as needed. The City
shall also inspect the
Project site during
construction to verify
protection of any
active bird nests
identified from the
nesting bird surveys.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 154 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
Hazards and Hazardous Materials
MM HAZ-2a Prior to earthwork activities, a Site-specific Health and Safety Plan shall be
developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements.
All construction employees that have the potential to come into contact with contaminated soil/bedrock
and safety plan, which includes proper training and personal protective equipment.
The Applicants shall
submit the site-specific
Health and Safety Plan
to the City for review
and approval prior to
issuance of
development permits.
The Applicants shall
conduct necessary
construction employee
training prior to the
initiation of
construction.
The City shall ensure
compliance. An
Environmental
Monitor shall be made
available to monitor
environmental
compliance of the
construction activities.
The City shall also
inspect the Project site
during construction to
ensure compliance
with required plans.
MM HAZ-2b During earthwork activities, procedures shall be followed to eliminate or minimize
construction worker or general public exposure to lead and other potential contaminants in soil.
Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles,
appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated
soil from uncontaminated soil. The applicable regulations associated with excavation, removal,
transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste
manifesting).
The Applicants shall
conduct necessary
construction employee
training prior to the
initiation of
construction.
The City shall ensure
compliance. An
Environmental
Monitor shall be made
available to monitor
environmental
compliance of the
construction activities.
The City shall also
inspect the Project site
during construction to
ensure compliance
with required plans.
MM HAZ-2c Prior to beginning construction, additional subsurface sampling of soil/bedrock and
groundwater shall be conducted to assess potential releases associated with the listed former adjacent
land uses and the potential migration of contaminants onto the Project site. The analytical suite
selected shall be consistent with those uses, and shall include applicable analytic al methods for
appropriate waste characterization and disposal. The sampling strategy shall take into account the
The Applicants shall
submit the Subsurface
Soil/Bedrock and
Groundwater
Investigation Report to
The City shall ensure
compliance. An
Environmental
Monitor shall be made
available to monitor
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 155 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
locations of potential source areas, and the anticipated lateral and vertical distribution of
contaminants in soil and/or groundwater. The results of the investigation shall be documented in a
report that is signed by a California Professional Geologist. The report shall include recommendations
based upon the findings for additional investigation/remediation if contaminants are detected above
applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or
in situ bioremediation).
the City for review and
approval prior to
issuance of
development permits.
The Applicants shall
conduct necessary
construction employee
training prior to the
initiation of
construction.
environmental
compliance of the
construction activities.
The City shall also
inspect the Project site
during construction to
ensure compliance
with required plans.
MM HAZ-4a All Applicants shall prepare and submit a comprehensive Wildfire Emergency
Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce
the potential for structural damage to the proposed development including:
• A detailed description and map of fire protection apparatus and staging locations, the
locations of the electric and gas shut off controls, emergency meeting locations, and emergency
supply locations;
• Relevant building design specifications that would qualify the building for identification as a
safe refuge during a wildfire; and,
The Applicants shall
restate the provisions
for fire protection on
all grading and building
plans. Plan components
and conditions,
agreements, and
restrictions, including
landscaping, shall also
be reviewed prior to
permit approval for
each Subarea.
The City shall ensure
measures are on plans
prior to permit
approval. The Project
site shall be inspected
annually in the spring
prior to the onset of
the fire season by the
FCFA in order to
ensure compliance
with the above
mitigation.
MM HAZ-4b Require fire resistant material to be used for building construction in fire hazard
areas. Require the installation of smoke detectors in all new residences.
The Applicants shall
restate the provisions
for fire protection on
all grading and building
plans. The name and
telephone number of
the onsite supervisor
shall be provided to the
FCFA prior to
commencement of
construction or grading
The City shall ensure
measures are on plans
prior to permit
approval. FCFA staff
shall spot check for
compliance during
construction. Permit
compliance staff shall
verify the installation
of the required
landscaping in the
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 156 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
activities. Fire
protection measures
shall be implemented
throughout
construction. Plan
components and
conditions, agreements,
and restrictions,
including landscaping,
shall also be reviewed
prior to permit
approval for each
Subarea.
field. The Project site
shall be inspected
annually in the spring
prior to the onset of
the fire season by the
FCFA in order to
ensure compliance
with the above
mitigation.
MM HAZ-4c The Project site shall be inspected annually by the FCFA. This shall include an
inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of
fire season.
The name and
telephone number of
the onsite supervisor
shall be provided to the
FCFA prior to
commencement of
construction or grading
activities. Fire
protection measures
shall be implemented
throughout
construction. Plan
components and
conditions, agreements,
and restrictions,
including landscaping,
shall also be reviewed
prior to permit
approval for each
Subarea.
The Project site shall
be inspected annually
in the spring prior to
the onset of the fire
season by the FCFA in
order to ensure
compliance with the
above mitigation. This
shall include an
inspection of the
deadwood and leaf
litter, which shall be
removed annually
prior to the beginning
of fire season.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 157 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
MM HAZ-4d Each hotel room shall be required to have an emergency evacuation plan posted in a
visible location. Additionally each room shall have a Wildfire Emergency Procedures bi nder, which
shall include relevant information from the Wildfire Emergency Management Plan, such as the
locations of safe refuges, locations of First Aid and emergency supplies, and emergency contacts
within the hotel. Training requirements for front-desk hotel staff and any other staff routinely
interacting with the public shall include First Aid and First Responder certification as well as annual
requirements for wildfire emergency management training scenario exercises prior to the onset of fire
season.
The Applicant shall
restate the provisions
for fire protection and
emergency evacuation
on the Wildfire
Emergency
Management Plan. Plan
components and
conditions, agreements,
and restrictions,
including landscaping,
shall be reviewed by
the FCFA prior to
permit approval for
each Subarea. Fire
safety training for hotel
staff shall be conducted
annually prior to the
onset of fire season.
The City shall ensure
measures are on plans
prior to permit
approval. FCFA staff
shall review the
emergency evacuation
plan.
MM HAZ-4e The final plant selections for Subareas 1 and 2 shall be limited to fire-resistant
native species. Non-native species shall not be included in the final landscaping plan. The final
landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees,
as well as locations and types of new plantings.
The Applicants shall
indicate the types and
species of plants on
landscape plans. Plan
components and
conditions, agreements,
and restrictions,
including landscaping,
shall be reviewed by
the City and FCFA
prior to permit
approval for each
Subarea.
The City shall ensure
measures are on plans
prior to permit
approval. Landscape
plans shall be
reviewed by the
FCFA. The Project site
shall be inspected
annually in the spring
prior to the onset of
the fire season by the
FCFA in order to
ensure compliance
with the above
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 158 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
mitigation. This shall
include an inspection
of the deadwood and
leaf litter, which shall
be removed annually
prior to the beginning
of fire season.
Hydrology and Water Quality
MM HYD-1a Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of
Intent (NOI) for discharge from the proposed development site.
Notices shall be
submitted for review
and approval by the
City prior to the
initiation of
construction.
A Geotechnical
Engineer or an
Engineering Geologist
shall be made
available to monitor
technical aspects of the
grading activities. The
City shall also inspect
the site during grading
to monitor runoff and
to verify reseeding and
revegetation after
conclusion of grading
activities.
MM HYD-1b Storm Water Pollution Prevention Plan. The Applicants shall require the building
contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City
Public Works Department prior to the issuance of grading permits. The contractor is responsible for
understanding the State General Permit and implementing the SWPPP during construction. A SWPPP
for site construction shall be developed prior to the initiation of grading and implemented for all
construction activities on the Project site in excess of one acre, or where the area of disturbance is less
than one acre but is part of the Project’s plan of development that in total disturbs one or more acres.
The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP
methods may include, but would not be limited to, the use of temporary detention basins, straw bales,
sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs
SWPPP shall be
submitted for review
and approval by the
City prior to the
initiation of
construction. The
Plan(s) shall be
designed to address
erosion and sediment
control during all
The City shall ensure
compliance with the
SWPPP. A
Geotechnical Engineer
or an Engineering
Geologist shall be
made available to
monitor technical
aspects of the grading
activities. The City
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 159 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
should be implemented for any fuel storage or fuel handling that could occur onsite during
construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State
Water Resources Control Board (SWRCB). The SWPPP shall be submitted to the City along with
grading/development plans for review and approval.
phases of development
of the site until all
disturbed areas are
permanently stabilized.
shall also inspect the
site during grading to
monitor runoff and to
verify reseeding and
revegetation after
conclusion of grading
activities.
MM HYD-1c Notice of Termination of Construction. The Applicants shall file a notice of
termination of construction of the development with the RWQCB, identifying how pollution sources
were controlled during the construction of the Project and implementing a closure SWPPP for the site.
Notices shall be
submitted for review
and approval by the
City prior to the
initiation of
construction. The
Plan(s) shall be
designed to address
erosion and sediment
control during all
phases of development
of the site until all
disturbed areas are
permanently stabilized.
The City shall ensure
compliance with the
SWPPP. A
Geotechnical Engineer
or an Engineering
Geologist shall be
made available to
monitor technical
aspects of the grading
activities. The City
shall also inspect the
site during grading to
monitor runoff and to
verify reseeding and
revegetation after
conclusion of grading
activities.
MM HYD-1d All required actions shall be implemented pursuant to Municipal Code 13.24.110
including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB
regulations under the NPDES Phase II program.
The Plan(s) shall be
designed to address
erosion and sediment
control during all
phases of development
of the site until all
disturbed areas are
permanently stabilized.
A Geotechnical
Engineer or an
Engineering Geologist
shall be made
available to monitor
technical aspects of the
grading activities. The
City shall also inspect
the site during grading
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 160 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
to monitor runoff and
to verify reseeding and
revegetation after
conclusion of grading
activities.
MM HYD-3a Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices
shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and
sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2 -year
storm event, and accommodate the first flush (1 inch) during 24 -hour storm events. The storm water
quality system must be reviewed and approved by the City.
The Plan(s) shall be
designed to address the
conditions of private
stormwater facilities,
BMPs, and necessary
maintenance activities
on a semi-annual basis
throughout
implementation and
operation of the
Project.
The City shall ensure
compliance with the
SWPPP. A Civil
Engineer shall be
made available to
monitor conditions and
maintenance activities
of all private
stormwater facilities
on a semi-annual basis.
MM HYD-3b Stormwater BMP Maintenance Manual. The Applicants shall prepare a development
maintenance manual for the Project, which shall include detailed procedures for maintenance and
operations of any stormwater facilities to ensure long-term operation and maintenance of post-
construction stormwater controls. The maintenance manual shall require that stormwater BMP devices
be inspected, cleaned and maintained in accordance with the manufacturer’s maintenance
specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season
(i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual
shall also require that all devices be checked after major storm events.
Stormwater BMP
Semi-Annual
Maintenance Report
and notices shall be
submitted for review
and approval by the
City prior to the
initiation of
construction. The
Plan(s) shall be
designed to address the
conditions of private
stormwater facilities,
BMPs, and necessary
maintenance activities
on a semi-annual basis
throughout
A Civil Engineer shall
be made available to
monitor conditions and
maintenance activities
of all private
stormwater facilities
on a semi-annual basis.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 161 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
implementation and
operation of the
Project.
MM HYD-3c Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable
maintenance organization shall submit to the City of Arroyo Grande Public Works Department a
detailed report prepared by a licensed Civil Engineer addressing the condition of all private
stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis
(October 15th and April 15th of each year). The requirement for maintenance and report submittal
shall be recorded against the property.
Stormwater BMP
Semi-Annual
Maintenance Report
and notices shall be
submitted for review
and approval by the
City prior to the
initiation of
construction.
The City shall ensure
compliance. A Civil
Engineer shall be
made available to
monitor conditions and
maintenance activities
of all private
stormwater facilities
on a semi-annual basis.
Noise
MM NOI-1a For all construction activity at the Project site, additional noise attenuation
techniques shall be employed as needed to ensure that noise levels are maintained within levels
allowed by the City’s Noise Standards. Such techniques shall include, but are not limited to:
• Sound blankets on noise-generating equipment.
• Stationary construction equipment that generates noise levels above 65 dBA at the project
boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how
well noise barriers attenuate sound) of 25.
• All diesel equipment shall be operated with closed engine doors and shall be eq uipped with
factory-recommended mufflers.
• The movement of construction-related vehicles, with the exception of passenger vehicles,
along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and
7:00 P.M., Monday through Saturday. No movement of heavy equipment shall occur on Sundays or
official holidays (e.g., Thanksgiving, Labor Day).
• Temporary sound barriers shall be constructed between construction sites and affected uses.
At the pre-construction
meeting all
construction workers
shall be briefed on
restricted construction
hour limitations. A
workday schedule will
be adhered to for the
duration of
construction. The
Applicants shall
designate the
equipment area with
appropriate acoustic
shielding on building
and grading plans.
Equipment and
shielding shall be
installed prior to
Building inspectors
and permit compliance
staff shall spot check
and respond to
complaints. The
Applicants shall
demonstrate that the
acoustic shielding is in
place prior to
commencement of
construction activities.
City staff shall ensure
compliance throughout
construction. Permit
compliance monitoring
staff shall perform
periodic site
inspections to verify
compliance with
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 162 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
construction and
remain in the
designated location
throughout construction
activities. Construction
plans shall identify
Best Management
Practices (BMPs) to be
implemented during
construction. All
construction workers
shall be briefed at a
pre-construction
meeting on how, why,
and where BMP
measures are to be
implemented. BMPs
shall be identified and
described for submittal
to the City for review
and approval prior to
building or grading
permit issuance. BMPs
shall be adhered to for
the duration of the
Project. Construction
plans shall include
truck routes and shall
be submitted to the City
prior to permit issuance
for each phase of
development. Schedule
and mailing list shall be
submitted 10 days prior
activity schedules.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 163 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
to initiation of any
earth movement.
MM NOI-1b The contractor shall inform residents and business operators at properties within
300 feet of the Project site of proposed construction timelines and noise complaint procedures to
minimize potential annoyance related to construction noise. Noise-related complaints shall be directed
to the City’s Community Development Department.
The Applicants shall
provide and post signs
stating these
restrictions at
construction site
entries. Signs shall be
posted prior to
commencement of
construction and
maintained throughout
construction.
Construction plans
shall note construction
hours. At the pre-
construction meeting
all construction
workers shall be
briefed on restricted
construction hour
limitations. A workday
schedule will be
adhered to for the
duration of
construction.
The Applicants shall
demonstrate that
required signs are
posted prior to
grading/building
permit issuance and
pre-construction
meeting. Building
inspectors and permit
compliance staff shall
spot check and
respond to complaints.
Permit compliance
monitoring staff shall
perform periodic site
inspections to verify
compliance with
activity schedules.
MM NOI-3a All noise-generating rooftop building equipment, such as air conditioners and
kitchen ventilation systems, shall be installed away from existing and proposed noise -sensitive
receptors (i.e., residences) or be placed behind adequate noise barriers.
The Applicants shall
ensure that all noise-
generating mechanical
equipment associated
with operation of the
proposed development
complies with the
The Applicants shall
ensure that all noise-
generating mechanical
equipment is
compliant prior to
installation. Building
inspectors and permit
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 164 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
California Building
Standards Code
requirements pertaining
to noise attenuation.
compliance staff shall
check before
implementation.
MM NOI-3b The Applicant (SRK Hotels) shall submit a truck traffic plan to the City Public Works
Department which will address timing, noise, location, and number of deliveries for each project
component. The Applicant shall cooperate with the City to ensure that impacts to noise -sensitive
receptors are mitigated to the maximum extent feasible.
The Applicant (SRK
Hotels) shall ensure
that all noise-
generating mechanical
equipment associated
with operation of the
proposed development
complies with the
California Building
Standards Code
requirements pertaining
to noise attenuation.
The Applicant shall
prepare a maintenance
and truck plan to the
City that addresses
timing, noise, location,
and number of
deliveries for each
project component, as
well as ensuring that
noise impacts are
mitigated to the
maximum extent
feasible.
The Applicant (SRK
Hotels) shall ensure
that all noise-
generating mechanical
equipment is
compliant prior to
installation. The
Applicant shall receive
approval from the City
before maintenance
and truck activities
begin. Building
inspectors and permit
compliance staff shall
check before
implementation.
Recreation
MM REC-1a Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a
park improvement impact fee equal to the land value, plus twenty (20) percent of toward the cost of
Price of in-lieu fees
shall be determined by
The price and payment
of in-lieu fees will be
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 165 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the
provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon
the fair market value of 0.21 acres, as determined by the formula provided in Section E of Municipal
Code Chapter16.64.060, immediately prior to the filling of the final map. At the discretion of the
Community Development Director, this requirement may be met by one of several alternative me ans
that would result in additional dedication of lands for recreational use, such that Project suits the need
for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing
proposed 0.35 neighborhood park to provide more adequate park space, implementation of trail
connections from the property to proposed trails identified in the City Bicycle and Trails Master Plan,
or the connection of the Project proposed Class I Bikeway located along the Project Residential
Collector road with the City proposed bikeway along Trinity Avenue.
the City Council at the
time of the final map
approval. The payment
of these in-lieu fees
shall be made in their
entirety prior to the
issuance of any
building permits and
paid to the City
Council and deposited
in the parks
development fund.
determined and
approved by the City
Council at the time of
Project approval.
Transportation and Traffic
MM TRANS-1a Future development occurring under the proposed Project shall be required to
prepare a Construction Transportation Management Plan for review and approval by the City prior to
issuance of a building permit to address and manage traffic during construction and shall be designed
to:
• Prevent traffic impacts on the surrounding roadway network
• Minimize parking impacts both to public parking and access to private parking to the greatest
extent practicable
• Ensure safety for both those constructing the project and the surrounding community
• Prevent substantial truck traffic through residential neighborhoods
The Construction Transportation Management Plan shall be subject to review and approval by the
following City departments: Community Development, Public Works, Fire, and Police, to ensure that
the Plan has been designed in accordance with this mitigation measure. This review shall occur prior
to issuance of grading or building permits. It shall, at a minimum, include the following:
Ongoing Requirements throughout the Duration of Construction:
• A detailed Construction Transportation Management Plan for work zones shall be
maintained. At a minimum, this shall include parking and travel lane configurations; warning,
regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes.
The Applicants shall
submit the Construction
Transportation
Mitigation Plan to the
City for review and
approval prior to
issuance of grading and
building permits. The
Applicants shall
conduct necessary
construction employee
training prior to the
commencement of
construction. The City
Public Works
Department, Police
Department, and Fire
Department, and
nearby residences shall
be notified of the
The City shall ensure
compliance with the
Construction
Transportation
Mitigation Plan with
periodic inspections of
the Project site during
construction.
Complaints related to
construction traffic at
the site shall be
directed to the City
Public Works
Department.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 166 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
The plan shall include specific information regarding the Project’s construction activities that may
disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such
plans shall be reviewed and approved by the Community Development Department prior to
commencement of construction and implemented in accordance with this approval.
• Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This
work includes dirt and demolition material hauling and construction material delivery. Work within
the public right-of-way outside of these hours shall only be allowed after the issuance of an after -
hours construction permit.
• Streets and equipment shall be cleaned in accordance with established Public Works
requirements.
• Trucks shall only travel on a City-approved construction route. Limited queuing may occur
on the construction site itself.
• Materials and equipment shall be minimally visible to the public; the preferred location for
materials is to be on-site, with a minimum amount of materials within a work area in the public
right-of-way, subject to a current Use of Public Property Permit.
• Any requests for work before or after normal construction hours within the public right-of-
way shall be subject to review and approval through the After Hours Permit process administered
by the Building and Safety Division.
• Provision of off-street parking for construction workers, which may include the use of a
remote location with shuttle transport to the site, if determined necessary by the City.
Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction:
• The traveling public shall be advised of impending construction activities which may
substantially affect key roadways or other facilities (e.g., information signs, portable message signs,
media listing/notification, and implementation of an approved Construction Impact Mitigation
Plan).
• A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit,
as well as any Caltrans permits required for any construction work requiring encroachment into
public rights-of-way, detours, or any other work within the public right-of-way shall be obtained.
• Timely notification of construction schedules shall be provided to all affected agencies (e.g.,
Police Department, Fire Department, Public Works Department, and Community Development
construction schedule
prior to construction.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 167 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
Department) and to all owners and residential and commercial tenants of property withi n a radius
of 500 feet.
• Construction work shall be coordinated with affected agencies in advance of start of work.
Approvals may take up to two weeks per each submittal.
• Public Works Department approval of any haul routes for earth, concrete, or constr uction
materials and equipment hauling shall be obtained.
MM TRANS-2a Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the
intersection of Traffic Way and Fair Oaks Avenue.
Prior to issuance of a
development permit for
construction, including
grading, the Applicant
shall 1) submit a
funding agreement
between the owners of
the three subareas for
the Traffic Signal
Improvements to the
City for review and
approval; and 2) submit
Traffic Signal
Improvement Plans to
the City for review and
approval. Prior to
issuance of a building
permit, the Applicant
shall complete
construction of the
traffic signal
improvements.
The City shall review
and approve the
funding agreement
between the owners of
the three subareas for
the traffic signal
design and
construction prior to
the issuance of any
development permit
for construction,
including grading. The
City shall ensure the
traffic signal is
installed and
operational prior to the
issuance building
permits.
MM TRANS-3a East Grand Avenue/West Branch Street: The Applicants shall modify the lane
geometry of the intersection of East Grand Avenue and West Branch Street in order to design and
install the necessary improvements including widening, restriping, and curb reconstruction of
westbound West Branch Street/ northbound West Branch Street to create an exclusiv e right turn lane.
The Applicants shall
submit plans for the
restriping of West
Branch Street including
Road improvements
shall be inspected and
approved by the City.
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 168 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
any modifications
necessary to the
northeast curb return
and sidewalk to provide
for design vehicle
turning movements to
the City for review and
approval from the City
Engineer, concurrent
with the issuance of
any development
permit for construction,
including grading.
Road improvements
shall be installed,
inspected, and
approved by the City
prior to issuance of
the first certificate of
occupancy.
MM TRANS-3b East Grand Avenue/West Branch Street: The Applicants shall pay a fair share
portion of the design and construction costs for a transportation improvement that would provide an
acceptable LOS consistent with adopted City policy, in order to mitigate the Project’s long -term
impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002
Caltrans Guide for the Preparation of Traffic Impact Studies. Applicants shall fund a fair share of the
estimated costs for construction of two roundabouts at the intersection of East Grand Avenue/U.S.
Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way.
The Applicants shall
submit payment of their
fair share of funding for
the above mitigation
prior to issuance of
grading and/or building
permits.
The City shall
determine the amount
of payment of fair
shares for each
Applicant
commensurate with
metrics that
demonstrate the
relative level and
intensity of proposed
development (e.g.,
square footage, land
use type, trip
Table 1. Mitigation Monitoring Table (Continued)
East Cherry Specific Plan 169 Mitigation Monitoring and Reporting Program Mitigation Measure
Plan Requirements &
Timing Monitoring
generation, etc.).
The City shall
establish a separate
East Grand
Avenue/West Branch
Street traffic
mitigation fund to
accept the
Applicant’s
payment(s).
MM TRANS-5a As part of review of permits for development of Subarea 1 and the proposed
hotel/restaurant, a circulation study shall be prepared to guide driveway location, design, and
ingress/egress access in such a way to ensure public safety and utility.
Prior to approval of the
CUP, the Applicant
shall submit a
circulation study
prepared by a Traffic
Engineer.
The City require the
submission of
circulation study prior
to CUP review and
approval.