Loading...
PC R 98-1665RESOLUTION NO. 98-1665 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO F1LE A NOTtCE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 98-567, APPLIED FOR BY JAMES PANKEY, AT WEST BRANCH STREET AND WESLEY AVENUE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 98-567, filed by James Pankey, for construction of six (61 commerciat buildings with a total of 27,649 square feet; and WHEREAS, the Planning Commission has held a public hearing on this application in accordance with City Code; and WHEREAS, the Planning Commission has found that this project is consistent with the General Plan and the environmental documents associatPd therewith; and WHEREAS, the Planning Commission has reviewed the Final Negative Declaration under the provisions of the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation to CEQA; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of Section 9-03.050 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses and is located in the Village Commercial District. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. Resolution No. 98-1665 September 1, 1998 Page 2 of 17 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. 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 because drainage improvements will be made to accommodate existing and post development flows. Architectural Review Findings: 1. The proposal is consistent with the "Village Commercial Design Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because its size and design are consistent with other buildings in the vicinity. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhpod. California Environmental Quality Act and Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Conditional Use Permit Case No. 98-567. 2. Based on the initial study, a negative declaration was drafted for public review. The Planning Commission has considered the Negative Declaration togetfier with any comments received and considered during the public review process. The Negative Declaration reflects the � independent judgment of the Planning Commission. Resolution No. 98-1665 September 1, 1998 � . Page 3 of 17 3. The Planning Commission finds that through feasible conditions placed upon this project, the significant impacts on the environment have been eliminated or substantially mitigated to a, level of insignificance. 4. The documents and other materials which constitute the records of proceedings upon which this decision is based are in the custody of the Secretary of the City of Arroyo Grande Planning Commission, City Hall, Arroyo Grande, California. 5. Public Resources Code Section 21081.6 requires the City to adopt a reporting or monitoring program for the changes to the project it has adopted or made a condition of approval in order to mitigate or avoid significant effects of the approval, and such changes, with their corresponding permit monitoring requirements, are hereby adopted as the monitoring program for the project. The monitoring program is designed to ensure compliance during project implementation. 6. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole the Planning Commission considered the negative declaration and found that there is no substantial evidence of any significant adverse environmental effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit Case No. 98-567, with the above findings and subject to the conditions as set forth in Attachment "A", attached hereto and incorporated herein by this reference. On motion of Commissioner Greene, seconded by Commissioner Haney, and by the following roll call vote, to wit: AYES: Commissioners Parker, Keen, Greene, Haney and Chair Lubin NOES: None ABSENT: None The foregoing Resotution was adopted this 1 st day of September, 1998. Resolution No. 98-1665 September 1, 1998 Page 4 of 17 ATTEST: � � ` Pearl L. Phinney, Commission lerk AS TO CONTENT: , . � . � ' � ' �. Sandy Lub�in�Chair ' _ �1 I J L_ Resolution No. 98-1665 September 1, 1998 Page 5 of 17 ATTACHMENT "A" CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit 98-567. 3. This application shall automatically expire on September 1, 2000 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. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of September 1, 1998 and marked Exhibit "A". 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such .action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 6. Prior to issuance of a final certificate of occupancy, the developer shall provide mail receptacfes for the units as required by the Postmaster of the Pismo Beach Post Office. LIGHTING 7. Prior to issuance of a building permit, an exterior lighting plan and site lighting footcandle plan shatl be prepared subject to the review and Resolution No. 98-1665 September 1, 1998 Page 6 of 17 approvai of the Community Development and Police Departments which shall comply with the provisions of Development Code Sections 9- 10.080, 9-12.070 C(3), and 9-15.040. NOISE 8. Construction shall be limited to between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday and between 8:00 a.m. and 5:00 p.m. on Saturday or Sunday. DEVELOPMENT CODE 9. Development shall conform with the City of Arroyo Grande zoning requirements except as otherwise approved. 10. Signage shall be subject to the requirements of Development Code Chapter 9-13. Prior to issuance of a building permit or recordation, any illegal signs shall be removed. 11. Prior to issuance of a certificate of occupancy, 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, et cetera, shall cause the objectionable material to be directed away from residential properties. 12. Setbacks, lot coverage, and floor area ratios shail be as shown on the development plans, Attachment 2, Site Plan, except as specifically modified by these conditions. 13. All parking spaces adjacent to a wall, fence, or property line shall have a minimum .width of 11 feet. 14. The developer shall comply with Development Code Chapter 9-14, "Dedications, Fees and Reservations." 15. Prior to issuance of grading or building permits, the developer shall comply with Development Code, Chapter 9-12, "Parking and Loading . Requirements". Resolution No. 98-1665 September 1, 1998 Page 7 of 17 LANDSCAPING 16. Prior to issuance of a grading or building permit, a landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development, Police, Building and Fire, and Parks and Recreation Departments and the Planning Commission. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: (1) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (2) Water conservation practices incfuding the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and (3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent material. (4) An automated irrigation system. SOLID WASTE 17. Solid waste pick-up location as identified is acceptabie. 18. In cases where trash bin enclosures are to be installed abutting structures, the common wall shall be of a noncombustible masonry type material with no openings for vents or windows. 19. Trash enclosures shall be reserved excfusively for dumpster storage. Miscellaneous boxes, bins, racks, etc., will not be allowed within the enclosure. 20. Interior vehicle travelways shall be designed to be capable of withstanding loads imposed by trash trucks. PARKS AND RECREATION DEPARTMENT CONDITIONS TREE PRESERVATION/TREE REMOVAL PLAN Resolution No. 98-1665 September 1, 1998 Page 8 of 17 21. Prio� to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C S., the Community Tree Ordinance. 22. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Parks and Recreation/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and specie of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs on trees or adjacent property. 23. 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. 24. Street Planting Fee: The developer shall pay the current street planting fee/deposit. One 15-gallon size or larger street tree is required for every fifty-feet (50') of project frontage. Prior to issuance of the certificate of occupancy, the developer, with the approval of a Park and Recreation Director, may install all 15-gallon trees and receive a refund of deposit. All plantings to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. POLICE DEPARTMENT CONDITIONS 25. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 26. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. 27. 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 (530.00►. BUILDING AND FIRE DEPARTMENT CONDITIONS UBC/UFC 28. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. I Resolution No. 98-1665 September 1, 1998 Page 9 of 17 FIRE LANES 29. Prior to issuance of a certificate of occupancy, the applicant shali post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 30. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 31. 32 Project shall have a fire flow of 1,500 gallons per minute using 75% reduction allowable for sprinklers for a duration of 4 hours. Prior to bringing combustible materials on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. SECURITY KEY BOX 33. Prior to issuance of a certificate of occupancy, applicant must provide an approved "security key vault," per Building and Fire Department guidelines. FIRE SPRINKLER 34. Prior to issuance of a certificate of occupancy, all buildings must be fully fire-alarmed per Building and Fire Department guidelines. ABANDONMENT/NON-CONFORMING 35. Prior to issuance of a grading permit or building permit, whichever occurs first, applicant shall provide proof of properly abandoning all non-conforming items such as septic tanks, wells, undergrour�d piping and other undesirable conditions. OTHER PERMITS 36. Any review costs generated by outside consultants shall be paid by the applicant. SPECIAL CONDITIONS 37. Special Conditions a. Project to comply with all California Title 24 accessibility requirements. b. Abandon lot lines under proposed buildings. Resolution No. 98-1665 September 1, 1998 � Page 10 of 17 - � I PUBLIC WORKS DEPARTMENT CONDITIONS All Pubiic Works Department conditions of approval as listed below are to be complied with prior to recording the map or finalizing the permit, unless specifically noted otherwise. GENERAL IMPROVEMENT REQUIREMENTS 38. All project improvements shall be designed and constructed in accordance with City standards and specifications. Plans within the right-of-way shall include profile drawings. Improvement plans (including the following) shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Street paving, curb, gutter and sidewalk. c. Striping and signage plan. - d. Public utilities. ° 39. 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 cfeaning shall be done after each day's work or as directed by the Director of Public Works or the Community Development Directo�. �- �. 40. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way (City or Caltrans). STREET IMPROVEMENTS 41. Wesley Street shall be improved as follows: a. The street shall be widened along the property frontage and extending south to the existing full width improvements near West Branch Street. The new curb and gutter shall match the alignment of the existing improvements at West Branch Street (approximately 22 � feet from centerline to face of curb.) The existing pavement shall be .-. resurfaced or replaced as necessary to provide a crowned street � surface. b. Concrete curb and gutter shall be constructed on the east side of the street, along the property frontage and extending south to the existing curb and gutter. Resolution No. 98-1665 September 1, 1998 Page 11 of 17 c. A 6-foot wide concrete sidewalk shall be constructed from Larchmont Drive to the existing sidewalk near West Branch Street. d. A handicapped access ramp shall be constructed across from the Larchmont curb return. e. The traffic index for structural design shall be 5.5. 42. Prior to finaling a building permit, if approved by Caltrans, the applicant shall install a traffic signal at the intersection of West Branch Street and Grand Avenue. The signal design and construction shall be subject to the approval of the City and Caltrans. The signal shall include Opticom controllers, and shall be interconnected with nearby signals as required for proper operation. A time space diagram shall be required for adjacent signals to coordinate timing. It is the intent of this condition that the developer's obligation be equal to the obligation normally required via the traffic signalization fee. Therefore, the expenses shall be applied as a credit against the signalization fees to be paid by the developer. Should the expenses exceed the cost of the signalization �fee, the City will reimburse the applicant for the excess. If the expenses do not exceed the fee, then the signalization fee shall be reduced by the amount spent by the developer on the signalization. The City Engineer shall approve the amount of the expenses as submitted by the applicant related to the traffic signal installation. Compliance with this condition is subject to the intersection meeting signal warrant levels as approved by the Director of Public Works. Issuance of an enc�oachment permit from Caltrans will be required, which may also require offsite easements. Should the signal not meet appropriate signal warrants, or should the terms of the Caltrans encroachment permit be unacceptable to the Director of Public Works, the requirements of this condition shall be waived, and the developer's obligation shall be to pay the traffic signalization fees. 43. The parking lot shall be designed so that the cross-fall slope of the driving lanes does not exceed five per cent (5%). 44. An easement shall be reserved for access to parking lots and parcels adjoining the project to the east. The easement shall be a minimum of 24 feet wide, and ,shall utilize the parking tot driving lanes to connect the adjoining parcels to the driveway access to Wesley Street. The pedestrian stairs shall be located outside of the easement area. Resolution No. 98-1665 September 1, 1998 Page 12 of 17 DEDICATiONS AND EASEMENTS 45. Prior to the issuance of a building permit, the property owner shall offer for dedication to the public right-of-way for West Branch Street, consisting of that area within the project property and within 8-feet of the existing curb face. 46. Prior to the issuance of a building permit, a minimum 6-foot wide public utility easement (PUE) shall be dedicated adjacent to all street right-of- ways. The PUE shall be adjusted where necessary for the installation or � maintenance of the public utility vaults, pads, or similar facilities, as approved by the Public Works Department 47. Prior to the issuance of a building permit, street tree planting and maintenance easements shall be dedicated adjacent to all street right of ways. Street tree easements shall be a minimum of 10 feet beyond the right of way. GRADING AND DRAINAGE 48. All grading shall be done in accordance with the City Grading Ordinance. 49. All drainage facilities shall be designed to accommodate a 100-year storm flow. 50. Prior to issuance of a grading permit, a revised preliminary soils r.eport 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. 51. Street structural sections shall be determined by an R-Value soil test. 52. Prior to issuance of a grading permit, the applicant shall submit an engineering study regarding flooding related to the project site. The study shall be prepared for the approval by the Director of Public Works. Any portions of the site subject to flooding from a 100-year storm shall be shown on the recorded map or other recorded document, and shall be noted as a building restriction. 53. Prior to increasing the amount of impervious surface on the site, the applicant shall construct an on-site storm water basin designed to Public Works Department requirements, and the following: Resolution No. 98-1665 September 1, 1998 Page 13 of 17 a � The basin shall be sized to facilitate debris removal, and to limit outflow to a rate that will allow the downstream culvert system to convey a 100-year storm flow; The basin design shall include freeboard of 12-inches. 54. The property owner shall privately maintain all onsite drainage facilities, including the storm water basin and its outlet facilities up to the connection with the drop inlet in Wesley Street. 55. Prior to the finaling a building permit or placing any pavement onsite, the applicant shall construct a storm drain syste,m connecting the basin outlet to the existing 36-inch drainage system in West Branch Street. 56. Prior to the issuance of a building permit, the applicant shall prepare an erosion control plan for review and approval by the Public Works. The plan shall demonstrate the manner in which runoff will be directed to avoid impacts to downstream properties during and after grading. WATER 57 � A Double Detector Check (DDC) backflow device is required on the water service line to the onsite fire sprinkler system. Existing water services to the site which are not utilizad by the project shall be properly abandoned. WASTEWATER 59. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 60. Existing sewer laterals to the site which are not utilized .by the project shall be properly abandoned. PUBLIC UTILITfES 61 All new public utilities shall be installed as underground facilities. 62. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. Resolution No. 98-1665 September 1, 1998 Page 14 of 17 63. All improvement plans shall be submitted to the public utility companies for and comment. Utility comments shall be forwarded to the Director of Public Works for approval. CONDITIONS FOR THE LOPEZ LINE 64. Improvement plans which include construction over or near the Lopez supply line shall be reviewed by the San Luis Obispo County Flood Control Water Conservation District (SLOFCWCD). All construction shall protect the Lopez Line from damage. The developer shall be responsible for all costs associated with protecting the Lopez Line during his activities and for all costs associated with correcting problems related to project construction. 65. The existing easement for the Lopez water supply shall remain in effect. 66. In lieu of the water neutralization program, the applicant may pay a water mitigation fee. The payment shall be a deposit of 52,200.00 for each amount of use equivalent to a single family residence. The deposited funds may be partially refunded if the City Council adopts a lesser fee amount for the water neutralization program. FEES AND BONDS FOR ALL CITY DEPARTMENTS The applicant shall pay all applicable City fees, as specified below: 67. FEES TO BE PAID PRIOR TO PLAN SUBMITTAL a. Plan check for grading plans. Based on an approved earthwork estimate (Chapter 33 of 1994 Uniform Building Codel. b. Plan check for improvement plans. Based on an approved construction cost estimate (1 % of construction costs up to 5100,000), plus t%z % of construction costs over S 100,0001. c. Permit Fee for grading plans. Based on an approved earthwork estimate (Chapter 33 of the 1994 Uniform Building Code1. d. Inspection Fee of subdivision or public works construction � plans. Based on an approved construction cost estimate. (4% of construction costs up to 5500,000), plus Resolution No. 98-1665 September 1, 1998 Page 15 of 17 .: f3% of construction costs between 5500,000 and 51,000,000), plus (2% of construction costs over $1,000,000?. FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT a. � c. � e f �!� h. � Water Mitigation 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. Water Distribution fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Water Service 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. Water Supply 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. 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. 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. Sewer Permit fee, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-6.405. Park Development fee, the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing housesl, to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. Street Tree Planting fee, the developer shall pay the current street tree planting fee/deposit. One 15 gallon size or larger street tree is required for every fifty feet (50') of p�oject frontage. Prior to issuanca of the certificate of occupancy, the developer, with the approval of the Park and Recreation Director, may instatl all 15 gallon trees and receive a refund of deposit. To be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 431 C.S. Construction Tax, the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. Resolution No. 98-1665 September 1, 1998 Page 16 of 17 k. Alarm Fee, to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. I. 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. m. 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. OTHER CONDITIONS 69. Prior to land use clearance, the applicant shall submit an updated soils report addressing any changes in the condition of the parcel which may have occurred since the date of the Soils Report, October, 1998, and identifying measures to respond to such changes, if identified. As an alternative, the applicant may submit a new soils report which adequately addresses the issues raised in the Soils Report. . 70. In the event debris is encountered during grading, the following measures should be implemented: -- A qualified engineer/contractor shall be contacted prior to the start of grading to observe clearing and grubbing operations onsite. -- A qualified engineer/contractor shall be retained for intermittent and or full-time testing and inspection services during grading, as the site conditions dictate. -- The building contractor shall be made aware of the possibility of isolated pocket of debris onsite. -- If any debris is uncovered during excavation and grading operations, a qualified engineer/contractor shall be contacted immediately for observation of conditions and to provide further recommendations. The recommendations would include, in part, cleaning out all debris areas to firm native soils as stated in the soils engineering report. -- The bottom of all excavations shall be observed by a qualified engineer prior to fill placement. 71. The applicant shall provide a written plan for the importation of dirt to the site acceptable to the Director of Public Works. The site shall identify the source of all fill dirt proposed for importation to the site, . including a name and telephone number for a person who can verify the information. The plan shall also identify the routing of trucks from the source to the project site. Resolution No. 98-1665 September 1, 1998 � Page 17 of 17 72. Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the site. Applicant shall follow the dust control measures listed below: a. During clearing, grading, earth moving, excavation, or transportation of cut or fill materials, water trucks or sprinkler systems are to be used to prevent dust from leaving the site and to create a crust after each day's activities cease. b. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this shall include wetting down such areas in the�later morning and after work is completed for the day, and whenever winds exceed 15 miles per hour. c. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 73. The contractor or builder shall designate a person or persons to monitor the dust control program and order increased watering as necessary to prevent transport of dust off-site. Their duties shall include holiday and weekend periods when work may not be in progress.