CC 2023-12-23_10.a. AG Creek Stream Gauge Fish Passage ImprovementItem 10.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Community Development Director
BY: Patrick Holub, Associate Planner
SUBJECT: Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from
Review Under CEQA Pursuant to State Guidelines § 15301, 15302, &
15304; Applicant–Steph Wald, Creek Lands Conservation
DATE: December 12, 2023
SUMMARY OF ACTION:
Adoption of a Resolution approving CUP23-002 will allow Creek Lands Conservation to
demolish old stream gauge facilities and in the same location, complete a new stream
gauge improvement project that will facilitate fish passage .
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Staff time and resources are typically offset by Conditional Use Permit application fees
paid by the applicant. However, the applicant is requesting a fee waiver in the amount of
$6,388 and staff is recommending the fee waiver be approved by City Council because
of the public benefits set forth within these materials. If the fee waiver is approved, staff
time and resources will be funded by the General Fund.
RECOMMENDATION:
1) Adopt a Resolution approving the proposed Conditional Use Permit and corresponding
fee waiver; and 2) Determine that this project is categorically exempt per Section 15301,
15302 and 15304 of the CEQA Guidelines.
BACKGROUND:
On January 15, 2008, the San Luis Obispo County Board of Supervisors approved a
Memorandum of Understanding (MOU) between the San Luis Obispo County Flood
Control and Water Conservation District, Zone 3 and Central Coast Salmon Enhancement
(CCSE) to modify the Arroyo Grande stream gauge, which includes a tower structure,
stream gauge equipment, stairs down to the creek from the top of the bank and a concrete
platform across the creek channel. The gauge measures water surface level elevations
and flow (Attachment 2). The existing stream gauge has developed into a migration
Page 161 of 301
Item 10.a.
City Council
Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from Review
Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant –
Steph Wald, Creek Lands Conservation
December 12, 2023
Page 2
barrier for steelhead trout, which is listed as a threatened species by the federal
government. After installation of the gauge by the US Geological Survey (USGS) in the
1940s, downcutting erosion of the streambed has made the fish passage barrier
increasingly more severe over time. Given the numerous studies required to implement
the stream gauge improvement project and limited funding opportunities, it took several
years to assemble all of the project components. Funding to implement the project
occurred through the National Fish and Wildlife Foundation (NFWF) and the California
Department of Fish and Wildlife (CDFW).
Central Coast Salmon Enhancement (CCSE) is a local non-profit organization formed to
help communities strengthen, protect, and understand their watersheds and fisheries
through education and engagement. CCSE applied for and received funding through
NFWF and CDFW to implement the project.
On May 12, 2015, the City Council adopted Resolution 4658 waiving application fees in
the amount of $3,623 for the Conditional Use Permit application to make the repairs to
the stream gauge. Council made findings at that time that the proposed scope of work will
benefit the entire community and meets multiple objectives and policies of the General
Plan (Attachment 3). On August 4, 2015, the Planning Commission (PC) adopted PC
Resolution 15-2232 approving Conditional Use Permit 15-001, a project with the same
scope as the current application (Attachment 4). In 2015, the project’s contract manager
at CDFW cancelled funding for the project due to a shortfall of $8,000. The Planning
Commission’s prior approval expired on August 4, 2017.
In 2018 CCSE rebranded, and their organization is now called Creek Lands Conservation
(CLC).
Staff Advisory Committee (SAC)
The SAC reviewed the proposed project on October 26, 2023. The Committee discussed
road closures. neighborhood impacts, notification and permit requirements. The SAC was
supportive of the project and recommended approval to the Planning Commission with
conditions to obtain all necessary permits from the City and responsible agencies.
Planning Commission
The Planning Commission reviewed the proposed project on November 7, 2023, and
adopted PC Resolution 23-2391 (Attachment 5). The Planning Commission was
supportive of the project and approved the project as submitted.
Permit Requirements
Arroyo Grande Municipal Code Section 16.44.050.C.6, states that “Creeks shall remain
in their natural state and shall not be altered unless approved by the city council in
Page 162 of 301
Item 10.a.
City Council
Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from Review
Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant –
Steph Wald, Creek Lands Conservation
December 12, 2023
Page 3
conjunction with an application for a conditional use permit and permitted by other
responsible agencies.” The Municipal Code thus authorizes the City Council to approve
Conditional Use Permit applications that propose alterations to creeks, in contrast to how
other Conditional Use Permits are approved. Under Section 166.44.050.C.6, the
Planning Commission is tasked with reviewing the application as an advisory body and
making a recommendation to the City Council. The applicant will be responsible for
obtaining any permits required by other responsible agencies such as the California
Department of Fish and Wildlife (CDFW), the National Fish and Wildlife Foundation
(NFWF) and the Central Coast Regional Water Quality Control Board (CCRWQCB) prior
to commencing construction.
Fee Waiver Request
CLC submitted a letter requesting a waiver of the Conditional Use Permit application fee
($6,388) for the Stream Gauge Fish Passage Improvement Project in order assist with
project costs. Justification for the fee waiver request can be found in Attachment 6.
Staff is supportive of the requested fee waiver because the project, through CLC, a local
non-profit organization, provides a community benefit by implementing General Plan
policies related to the enhancement of natural creek functions and values, and because
the improved fish habitat will benefit a federally threatened species. Furthermore, staff
has determined that the project will be beneficial to the public because the health of the
City’s natural ecosystems and riparian network benefit the community at large and the
project helps maintain a significant and unique natural feature (Arroyo Grande Creek) that
is largely owned by the City.
ANALYSIS OF ISSUES:
Project Description
CLC proposes to modify the existing broad-crested concrete weir spanning the width of
the main stem of Arroyo Grande Creek. A weir is a type of small dam or barrier that
stretches across the width of a creek or river and alters the flow characteristics of the
water. Weirs are commonly used to measure water discharge or flow. The weir, combined
with a stream gauge, was once used by the United States Geological Survey (USGS) as
a gauging station and is still currently in use by the County of San Luis Obispo. The gauge
consists of a tower structure, stream gauge equipment, stairs down to the creek from the
top of the bank and a concrete platform across the creek channel. The worksite is about
thirty-five feet (35’) below the top of the bank.
The project will lower this weir to restore reliable access to 3.3 miles of critical steelhead
habitat upstream of the barrier. The barrier modification will provide passage for both adult
and juvenile steelhead trout at both low and high flows by notching the weir to lower the
jump height and reduce velocity. Technical details of passage and flow conditions
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Item 10.a.
City Council
Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from Review
Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant –
Steph Wald, Creek Lands Conservation
December 12, 2023
Page 4
resulting from the proposed project have been vetted by an experienced team of
biologists, engineers, and other scientists from a range of public agencies, non -profits,
and private firms.
The project will involve accessing the site from Myrtle Street. A crane will be util ized to
lower heavy machinery into the creek and remove demolished concrete. The westbound
lane of Myrtle Street will need to be closed at the time the crane is deployed and removed
from the site. City staff will verify that the contractor has an approved traffic control plan
consistent with the requirements of the Manual on Uniform Traffic Control Devices
(MUTCD). The staging area for the heavy machinery is at the top of the bank immediately
upstream of the gauge. An access path for manual movement of mate rial into and out of
the creek will be created adjacent to the staging area. The new weir will be poured using
a quick set concrete that requires approximately 24 hours of cure time. Water will be
diverted around the project site during construction and concrete cure time. Construction
is tentatively scheduled to commence in August 2024.
Special care will need to be taken by the engineering and construction teams with the
rock slope on the south bank, which may not be connected to the outfall structure in the
channel bed. If the rock slope is not correctly connected, it could be affected when the
stream channel naturally adjusts to the new weir elevation during winter flows. To prevent
any impacts to the rip rapped slope, an exploration trench at the toe of the existing rip
rapped slope is proposed to confirm the depth of the existing embedment. After inspection
by the engineer, the contractor will either backfill and compact the trench or extend the
trench along the entire base of the existing rip rapped sl ope and backfill with four (4) ton
rock.
Specific construction activities of the project include:
Establishing access and equipment staging areas;
Installing Best Management Practices (BMPs) for stormwater management;
Installing and removing water diversion;
Clearing and grubbing the site and removing debris;
Demolishing weir concrete;
Excavating bedrock and native soil;
Building forms and pouring concrete to build concrete weir and grade control; and
Re-vegetating disturbed areas of the project site.
Because there is state grant funding, there will be consistent and thorough pre- and post-
construction monitoring and reporting of sensitive biological resources.
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Item 10.a.
City Council
Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from Review
Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant –
Steph Wald, Creek Lands Conservation
December 12, 2023
Page 5
Conditions of Approval
The prepared Resolution includes conditions of approval that address concerns identified
by staff. Specifically, these conditions include:
The applicant is conditioned to obtain an encroachment permit and provide an
acceptable traffic control plan for diverting pedestrian and vehicle traffic while the
crane is being deployed and removed at the end of construction.
Noise impacts – W ater from the creek will be re-routed around the work area by
using a sump pump. To mitigate noise impacts related to the operation of the
pump, the applicant has elected to install a temporary power pole near the
construction site to eliminate the need for a generator and the accompanying noise
impacts to nearby residents. The applicant is required to provide additional
information concerning pumping requirements, pumping hours of operation, who
to call with noise complaints, and the size of the pump.
Neighborhood notification – It was anticipated that work will commence in August
2024. The applicant will be required to notif y all neighbors located within a 500-
foot radius of the project area at least thirty (30) days prior to earthmoving activities.
Other agency permits – The project is conditioned to obtain permits from CDFW,
NFWF and CCRWQCB prior to commencing earthmoving operations.
Impacts to biological resources – The project does not include any tree removal,
although trimming of several willow trees will be necessary. The project will also
involve grubbing, which will require removal of some riparian vegetation. A
vegetation restoration plan has been submitted. Mitigation monitoring will occur
throughout the project construction to protect any potential threatened or
endangered plant or animal species.
Stormwater Control Measures – The project is conditioned to prepare a Stormwater
Pollution Prevention Plan/Erosion Control Plan prior to the commencement of any
earthmoving activities.
Fence – The fence located along Myrtle Street where access to the site will occur
will be temporarily removed to allow a crane and heavy equipment into and out of
the project site. The fence will be replaced when the work is complete.
General Plan Consistency
The Project is consistent with General Plan Objective C/OS2, which aims to: “Safeguard
important environmental and sensitive b iological resources contributing to healthy,
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Item 10.a.
City Council
Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from Review
Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant –
Steph Wald, Creek Lands Conservation
December 12, 2023
Page 6
functioning ecosystems.” The Project is also consistent with General Plan Implementing
Policy C/OS2-1.6: “Plan, design, and develop sites to: Protect scenic resources, water
quality and natural creekside habitat, including opportunities for wildlife habitation, rest,
and movement. Further the restoration of damaged or degraded habitat, especially where
a continuous riparian habitat corridor can be established.”
The project serves the public purpose of implementing general plan policies to enhance
natural creek functions and values by providing erosion control, sedimentation prevention,
enhancement of riparian habitat corridors, water quality protection and aesthetic and
recreational opportunities.
ALTERNATIVES:
1. Adopt a Resolution recommending approval of the proposed project to the City
Council and determine that this project is categorically exempt per Section 15301,
15302, and 15304 of the CEQA Guidelines;
2. Do not adopt a Resolution recommending approval of the proposed project; or
3. Provide other direction to staff.
ADVANTAGES:
Approving the Stream Gauge Fish Passage Improvement project will restore reliable
access to 3.3 miles of critical habitat upstream of the stream gauge for steelhead trout,
which is listed as an endangered species.
DISADVANTAGES:
Impacts related to this project include minor temporary impacts to traffic on Myrtle Street
and construction related noise during construction .
ENVIRONMENTAL REVIEW:
This Project is exempt from review under the California Environmental Quality Act
(“CEQA”) pursuant to State CEQA Guidelines Section 15301 (Existing Facilities). This
exemption consists of the operation, repair, maintenance or minor alterations to existing
public or private structures involving negligible or no expansion of existing or former use.
This includes maintenance of artificial wildlife waterway devices to protect fish and wildlife
resources. Here, the Project involves the operation, repair, and minor alteration to the
existing stream gauge that involves little to no expansion of the existing use. Further, the
stream gauge will continue to be used for its original purpose of gathering water level
data, while improving the critical steelhead trout habitat.
Alternatively, the Project is exempt from review under CEQA pursuant to State CEQA
Guidelines Section 15302 (Replacement or Reconstruction). This exemption consists of
the replacement or reconstruction of existing structures where the new structure will be
Page 166 of 301
Item 10.a.
City Council
Consideration of CUP23-002; AG Creek Stream Gauge Fish Passage
Improvement, Requested Fee Waiver and Finding Action Exempt from Review
Under CEQA Pursuant to State Guidelines § 15301, 15302, & 15304; Applicant –
Steph Wald, Creek Lands Conservation
December 12, 2023
Page 7
located on the same site as the structure replaced and will have substantially the same
purpose and capacity as the structure replaced. The Project will involve the reconstruction
of the stream gauge, located on the same site as the existing stream gauge, and will have
the same purpose of gathering water level data on Arroyo Grande Creek. Once complete,
the project will improve the steelhead trout habitat with the same capacity as the existing
structure.
Lastly, the Project is exempt from review under CEQA pursuant to State CEQA
Guidelines Section 15304 (Minor Alterations to Land). This exemption consists of minor
alterations in the condition of land, water, and/or vegetation which do not involve removal
of healthy, mature, scenic trees. This includes minor alterations in land and water to fish
production facilities which result in improvement of habitat for fish and wildlife resources
or greater fish production. Here, the Project involves reconstruction of the stream gauge
that will lead to the improvement of habitat for the steelhead trout.
None of the exceptions to the categorical exemptions set forth in State CEQA Guidelines
section 15300.2 have any applicability here. The Project will not impact any environmental
resource of hazardous or critical concern, will not result in significant cumulative impacts,
is not subject to any unusual circumstances that could result in a significant environmental
impact, would not damage any scenic resources within a scenic highway, is not located
on a hazardous waste site identified on any list compiled pursuant to Government Code
section 65962.5, and would not impact an historical resource.
Staff is directed to file the corresponding Notice of Exemption within five working days
from the approval of this Project.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2. A public hearing notice was posted at the project
site, published in the Tribune and mailed to property owners within 300 feet of the project
site.
Attachments:
1. Proposed Resolution
2. Memorandum of Understanding
3. City Council Resolution 4658
4. PC Resolution 15-2232
5. PC Resolution 23-2391
6. Fee Waiver Request
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ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT NO. 23-002 TO IMPLEMENT A STREAM GAUGE
FISH PASSAGE IMPROVEMENT PROJECT ON PROPERTY
LOCATED WITHIN ARROYO GRANDE CREEK IN
PROXIMITY TO CLARENCE AVENUE AND MYRTLE
STREET (APN 077-572-031), APPLIED FOR BY CREEK
LANDS CONSERVATION (CLC), APPROVING THE
REQUESTED FEE WAIVER, AND FINDING THE PROJECT
EXEMPT FROM CEQA
WHEREAS, the City Council of the City of Arroyo Grande has considered
Conditional Use Permit No. 23-002, applied for by CLC to modify an existing broad -
crested weir spanning the width of Arroyo Grande Creek (“Project”); and
WHEREAS, the funding for the Project was received from the National Fish and
Wildlife Foundation (NFWF) and the California Department of Fish and Wildlife (CDFW);
and
WHEREAS, CLC applied for and received funding through NFWF and CDFW to
implement the proposed Project which will lower the weir and restore reliable access to
3.3 miles of critical steelhead habitat upstream of the barrier; and
WHEREAS, the City Council has reviewed the project in compliance with CEQA
and has determined that the project is exempt based upon Sections 15301, 15302, and
15304 of the State CEQA Guidelines for the reasons articulated below; and
WHEREAS, the Project is consistent with General Plan Objective C/OS2, which
aims to “[s]afeguard important environmental and sensitive biological resources
contributing to healthy, functioning ecosystems.” The Project is also consistent with
General Plan Implementing Policy C/OS2-1.6: “[p];an, design, and develop sites to:
Protect scenic resources, water quality and natural creekside habitat, including
opportunities for wildlife habitation, rest, and movement. Further the restoration of
damaged or degraded habitat, especially where a continuous riparian habitat corridor can
be established;” and
WHEREAS, on December 12, 2023, the City Council conducted a duly noticed
public hearing to consider the staff report, recommendations by staff, and public testimony
concerning the proposed ordinance. Following the public hearing, the City Council to
adopt the prepared Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
finds, determines, resolves, and recommends:
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RESOLUTION NO.
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1. Recitals. All recitals above are true and correct and hereby incorporated by
reference.
2. CEQA. This Project is exempt from review under the California Environmental
Quality Act (“CEQA”) pursuant to State CEQA Guidelines Section 15301
(Existing Facilities). This exemption consists of the operation, repair,
maintenance or minor alterations to existing public or private structures
involving negligible or no expansion of existing or former use. This includes
maintenance of artificial wildlife waterway devices to protect fish and wildlife
resources. Here, the Project involves the operation, repair, and minor
alteration to the existing stream gauge that involves little to no expansion of
the existing use. Further, the stream gauge will continue to be used for its
original purpose of improving the critical steelhead trout habitat.
Alternatively, the Project is also exempt from review under CEQA pursuant to
State CEQA Guidelines Section 15302 (Replacement or Reconstruction).
This exemption consists of the replacement or reconstruction of existing
structures where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and capacity
as the structure replaced. The Project will involve the reconstruction of the
stream gauge, located on the same site as the existing stream gauge, and will
have the same purpose of improving the steelhead trout habitat with the same
capacity as the existing structure.
Lastly, the Project is exempt from review under CEQA pursuant to State
CEQA Guidelines Section 15304 (Minor Alterations to Land). This exemption
consists of minor alterations in the condition of land, water, and/or vegetation
which do not involve removal of healthy, mature, scenic trees. This includes
minor alterations in land and water to fish production facilities which result in
improvement of habitat for fish and wildlife resources or greater fish
production. Here, the Project involves reconstruction of the stream gauge that
will lead to the improvement of habitat for the steelhead trout.
None of the exceptions to the categorical exemptions set forth in State CEQA
Guidelines section 15300.2 have any applicability here. The Project will not
impact any environmental resource of hazardous or critical concern, will not
result in significant cumulative impacts, is not subject to any unusual
circumstances that could result in a significant environmental impact, would
not damage any scenic resources within a scenic highway, is not located on
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RESOLUTION NO.
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a hazardous waste site identified on any list compiled pursuant to Government
Code section 65962.5, and would not impact an historical resource.
Staff is directed to file the corresponding Notice of Exemption within five
working days from the approval of this Project.
3. Conditional Use Permit Findings:
a) 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 use of the site for a stream gauge improvement project is
permitted with approval of a conditional use permit by the City Council after
receiving a recommendation from the Planning Commission, and the
project complies with all applicable provisions of the Arroyo Grande
General Plan and Municipal Code.
b) The proposed use would not impair the integrity and character of the
district in which it is to be established or located.
The proposed use of the site for a stream gauge improvement project will
not impair the integrity of the project site due to the intent of the project to
return the site to its natural condition after construction along with
biological monitoring.
c) The site is suitable for the type and intensity of use or development that is
proposed.
The site is an existing stream gauge that will be improved to remove a fish
passage barrier. The type of development is suitable for the location near
the creek and will be monitored by various responsible agencies.
d) There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The project involves completing a stream gauge replacement in Arroyo
Grande Creek. No aspect of the proposed project is anticipated to be
overly impactful to the existing services. Conditions of approval developed
for the project will additionally ensure public services are minimally
impacted.
e) The proposed use will not be detrimental to the public health, safety or
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RESOLUTION NO.
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welfare or materially injurious to properties and improvements in the
vicinity.
The proposed use will not be detrimental to the public health, safety or
welfare, nor materially injurious to properties or improvements in the
vicinity, as it will comply with City conditions of approval specifically
developed for the project as well as monitoring conditions required of the
project’s funding sources.
4. Fee Waiver.
a) The proposed fee waiver request of $6,388 otherwise required for project
is granted by the City Council because the project:
i. Serves a public purpose of promoting the public health, safety, and
general welfare by:
1) Implementing general plan policies to enhance natural creek
functions and values by providing erosion control, sedimentation
prevention, enhancement of riparian habitat corridors, water
quality protection and aesthetic and recreational opportunities;
and
2) Improving habitat for a federally threatened fish species.
ii. Serves a public purpose by safeguarding important environmental
and sensitive biological resources contributing to a healthy,
functioning ecosystem.
5. Severability. If any section, division, sentence, clause, phrase or portion of
this resolution or the document in the record in support of this resolution is
determined by a court of competent jurisdiction to be invalid, unenforceable,
unconstitutional or otherwise void, that determination shall not affect the
validity of the remaining sections, divisions, sentences, clauses, phrases of
this Resolution.
On motion by Council Member ________, seconded by Council Member _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 12th day of December, 2023.
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RESOLUTION NO.
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_______________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
______________________________________
BILL ROBESON, INTERIM CITY MANAGER
APPROVED AS TO FORM:
_______________________________
ISAAC ROSEN, CITY ATTORNEY
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RESOLUTION NO.
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EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 23-002
AG CREEK STREAM GAUGE REPLACEMENT PROJECT
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
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
23-001.
3. This application shall automatically expire on December 12, 2025 unless a Lake and
Streambed Alteration permit is issued by the California Department of Fish and
Wildlife (CDFW). 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
City Council at the meeting of December 12, 2023, and marked Exhibit B.
5. 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 City’s discretionary approvals associated with this project, 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.
6. A copy of these conditions shall be incorporated into all construction documents.
7. 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.
8. 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.
9. 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.
10. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
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RESOLUTION NO.
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11. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way (City, County and/or Caltrans). This shall include City
approval of a traffic control plan for the partial closure of Myrtle Street.
12. At least thirty (30) days prior to commencement of any earthmoving activities, the
applicant shall notify all neighbors located within a 500’ radius of the project area. The
notification shall include information about the construction schedule and location of
the staging area.
13. Prior to issuance of an Encroachment Permit, submit property owner authorization for
staging and construction areas.
14. Construction activities shall be limited to 8:00 AM – 5:00 PM Monday through Friday
(no construction on Saturdays or Sundays).
15. The applicant shall submit evidence of obtaining permits from all resource agencies
that have regulatory authority over this project.
16. The applicant shall submit a Stormwater Pollution Prevention Plan/Erosion Control
Plan prior to any earthmoving activities.
17. The applicant shall restore the site access area to pre-construction condition.
18. The applicant shall coordinate project work with the County Flood Control District.
19. The applicant shall submit a creek bypass plan, including any pumping requirements,
pump hours of operation, pump storage, who to call with noise complaints, and the size
of the pump. CDFW shall be responsible for approving the bypass plan.
20. The applicant shall adhere to all conditions of approval associated with permits issued
by CDFW, NFWF and other responsible agencies.
21. The applicant shall be responsible for replacing in-kind any fencing that is removed as
part of this project.
22. If it is determined that the rock slope on the southern creek bank is not connected to
the outfall structure, the applicant shall obtain all necessary permits to complete the
work.
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RESOLUTION NO.
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EXHIBIT B
PROJECT PLANS
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Exhibit BPage 176 of 301
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ATTACHMENT 2
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RESOLUTION NO. 4658
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING A WAIVER OF THE
PLANNING APPLICATION FEE FOR CONDITIONAL USE
PERMIT 15-001; LOCATION — ARROYO GRANDE CREEK
IN PROXIMITY TO CLARENCE AVENUE AND MYRTLE
DRIVE (APN 007-572-029 AND 007-572-031); APPLICANT -
CENTRAL COAST SALMON ENHANCEMENT, INC. (CCSE)
WHEREAS, CCSE has submitted Conditional Use Permit 15-001 for the Stream Gauge
Fish Passage Improvement Project (the "Project") that will lower an existing broad-crested
concrete weir spanning the width of Arroyo Grande Creek to restore reliable access to 3.3
miles of critical steelhead trout habitat upstream of the concrete barrier; and
WHEREAS, the applicant has requested a waiver of the Conditional Use Permit
application fee; and
WHEREAS, the City Council has considered the requested waiver of the planning
application fee associated with Conditional Use Permit 15-001 at a meeting on May 12,
2015; and
WHEREAS, CCSE has partnered with the City at no cost over the past several years on
many projects, including:
Provision of watershed education programming accomplished within the City
limits for use in the City's stormwater permit annual reporting;
Partnering on Creek Day clean-up events;
Ivy removal events;
Initiation of the Arroyo Grande Creek Memorandum of Understanding (MOU)
group to coordinate/cooperate on projects that benefit the City (e.g. the Tally Ho
Restoration project);
Completion of the Arroyo Grande Creek Watershed Management Plan which
helped to inform the City's Creek Resource Protection Study;
Provision of language for use in developing signage for the bioswale behind the
previous location of City Hall;
Developing funding and implementing plans for two -creek aligned trails to
complement the City's larger creek trail system; and
WHEREAS, Objective C/OS2 of the Arroyo Grande General Plan specifies that the City is
to safeguard important environmental and sensitive biological resources contributing to
healthy, functioning ecosystems; and
WHEREAS, Implementing Policy C/OS2-1.6 of the Arroyo Grande General Plan states
that the planning, design, and development of sites should include the protection of
scenic resources, water quality and natural creekside habitat, including opportunities for
wildlife habitation, rest, and movement, and that the restoration of damaged or degraded
ATTACHMENT 3
Page 189 of 301
RESOLUTION NO. 4658
PAGE 2
habitat should also be implemented, especially where a continuous riparian habitat
corridor can be established; and
WHEREAS, the City Council finds, after due study and deliberation, that granting the
requested waiver of the planning application fee associated with Conditional Use Permit
15-001 will help CCSE to enhance native steelhead trout habitat by applying the $3,623
application fee towards removing a critical obstacle to upstream steelhead trout migration;
and
WHEREAS, the Project serves the public purpose of furthering the preservation of the
wild salmon, steelhead trout and other deteriorating fish habitat; and
WHEREAS, CCSE is a non-profit entity and a waiver of the application fee will allow
CCSE to implement the Stream Gauge Passage Improvement project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby grants a waiver of the planning application fee associated with Conditional
Use Permit 15-001 in the amount of$3,623.
On motion by Council Member Guthrie, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Members Guthrie, Barneich, Brown, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 12th day of May, 2015.
Page 190 of 301
RESOLUTION NO.
PAGE 3
JIM ILL, MAYOR
ATTEST:
KELLY TM E, CITY CLERK
APPR z ( D • ` 9 CONTENT:
k-I*siiiilk,,,,,..
ROBE` cFAL , I 'TERIM ANAGER
APPROVED A 0 FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Page 191 of 301
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4658 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 12th day of May, 2015.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14th day of
May, 2015.
l
KELL WE ORE, CITY CLERK
Page 192 of 301
RESOLUTION NO. 15 -2232
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE APPROVING CONDITIONAL USE
PERMIT NO. 15 -001 TO IMPLEMENT A STREAM GAUGE FISH
PASSAGE IMPROVEMENT PROJECT FOR PROPERTY
LOCATED WITHIN ARROYO GRANDE CREEK IN PROXIMITY
TO CLARENCE AVENUE AND MYRTLE DRIVE (APN 007 -572-
029 AND 007 - 572 -031), APPLIED FOR BY CENTRAL COAST
SALMON ENHANCEMENT, INC. (CCSE)
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered
Conditional Use Permit No. 15 -001, applied for by CCSE to modify an existing broad -
crested concrete weir spanning the width of Arroyo Grande Creek; and
WHEREAS, funding for the project occurred through the 2014 Fisheries Restoration Grant
Program (FRGP), which is administered by the California Department of Fish and Wildlife
CDFW); and
WHEREAS, FRGP was established in 1981 in response to rapidly declining populations of
wild salmon and steelhead trout and deteriorating fish habitat in California; and
WHEREAS, CCSE applied for and received funding through FRGP to implement the
proposed project which will lower the weir and restore reliable access to 3. 3 miles of
critical steelhead habitat upstream of the barrier; and
WHEREAS, the Planning Commission held a public hearing on this application on August
4, 2015 in accordance with City Code and found that the project is consistent with the
General Plan and the environmental document associated therewith; and
WHEREAS, the State Water Resources Control Board (State Water Board) is the lead
agency for determining adequate environmental review under the California Environmental
Quality Act (CEQA) for the FRGP and adopted a Mitigated Negative Declaration (MND);
and
WHEREAS, the Planning Commission has reviewed this project in compliance with
CEQA and has determined that the MND prepared for FRGP is adequate for addressing
environmental concerns for the stream gauge fish passage improvement project; 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 Public Facility zoning district pursuant to
Development Code Section 16.44.040, 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. Specifically, the
ATTACHMENT 4
Page 193 of 301
RESOLUTION NO. 15 -2232
PAGE 2
project is consistent with General Plan Objective C /OS2, which states: "Safeguard
important environmental and sensitive biological resources contributing to healthy,
functioning ecosystems." The Project is also consistent with General Plan
Implementing Policy C/OS2 -1.6: "Plan, design, and develop sites to: Protect
scenic resources, water quality and natural creekside habitat, including
opportunities for wildlife habitation, rest, and movement. Further the restoration of
damaged or degraded habitat, especially where a continuous riparian habitat
corridor can be established."
2. The proposed use will not impair the integrity and character of the district in which it
is to be established or located due to the purpose and intent of the Public Facility
district, which is to designate land for the conduct of public, quasi - public, and
institutional activities, including the protection of areas needed for such future
facilities. The project serves the public purpose of furthering the preservation of
wild salmon, steelhead trout and other deteriorating fish habitat by removing a
concrete barrier within Arroyo Grande Creek.
3. The site is suitable for the type and intensity of use that is proposed and will not
result in any adverse impacts on adjacent land uses.
4. The use does not require the provision for water, sanitation, or public utilities and
services and will not impact 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. The proposed
project is consistent with the Municipal Code and is conditioned to minimize
potential noise impacts to the surrounding neighborhood.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby approves Conditional Use Permit No. 15 -001, with the above
findings and subject to the conditions as set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
On motion of Commissioner Mack, seconded by Commissioner Fowler- Payne, and on the
following roll call vote, to wit:
AYES: Mack, Fowler -Payne and Martin
NOES: None
ABSENT: Keen, George
Page 194 of 301
RESOLUTION NO. 15 -2232
PAGE 3
the foregoing Resolution was passed and adopted this
4t" day of August, 2015.
ATTEST:
DEBBIE WEICHINGER
SECRETARY TO THE COMMISSION
AS TO CONTENT:
TE EM CLISH
DIRECTOR OF COMMUNITY DEVELOPMENT
GLENN MARTIN
COMMISSIONER
Page 195 of 301
RESOLUTION NO. 15 -2232
PAGE 4
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT NO. 15 -001
CENTRAL COAST SALMON ENHANCEMENT, INC.
ARROYO GRANDE CREEK
STREAM GAUGE FISH PASSAGE IMPROVEMENT PROJECT
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes modifications to an existing broad - crested concrete weir
spanning the width of Arroyo Grande Creek.
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 No. 15 -001.
3. This application shall automatically expire on August 4, 2017, unless an
Encroachment 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 August 4, 2015 and marked Exhibit B.
5. To the full extent permitted by law, the applicant shall indemnify, defend and hold
harmless the City, its agents, officers, and employees from and against any liability
including liability for claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, losses, expenses or costs of any kind,
whether actual, alleged or threatened, including attorney's fees and costs, court
costs, interest, defense costs, and expert witness fees), where the same arise out
of, are a consequence of, or are in any way attributable to, in whole or in part, this
Conditional Use Permit except liability arising out of the proven sole negligence of
the City.
SPECIAL CONDITIONS
6. At least thirty (30) days prior to commencement of any earthmoving activities, the
applicant shall notify all neighbors located within a 500' radius of the project area.
The notification shall include information about the construction schedule and
location of the staging area.
7. Prior to issuance of an Encroachment Permit, submit property owner authorization
for staging and construction areas.
Page 196 of 301
RESOLUTION NO. 15 -2232
PAGE 5
8. Construction activities shall be limited to 8:00 AM — 5:00 PM Monday through
Friday (no construction on Saturdays or Sundays).
9. Noise control curtains shall be used to attenuate generator noise. Noise levels
shall not exceed 45 decibels per Municipal Code Section 9.16.040.
10. The applicant shall implement all pertinent Mitigation Measures outlined in the
Mitigated Negative Declaration prepared for the 2014 Fisheries Restoration Grant
Program (FRGP) (on file in the Community Development Department).
11. The applicant shall implement the requirements outlined in the Technical
Specifications for Arroyo Grande Fish Passage Improvement Project (on file in the
Community Development Department).
12. The applicant shall implement the requirements outlined in the Clean Water Act
Section 401 Water Quality Certification for the California Department of Fish and
Wildlife 2014 Fisheries Restoration Grant Program (File No. S13140031N) (on file in
the Community Development Department).
13. The applicant shall implement the Re- vegetation Plan prepared for the project (on
file in the Community Development Department).
14. The applicant shall submit evidence of obtaining permits from all resource agencies
that have regulatory authority over this project.
ENGINEERING DIVISION
15. The applicant shall obtain a City of Arroyo Grande Encroachment Permit.
16. The applicant shall submit a Stormwater Pollution Prevention Plan /Erosion Control
Plan prior to any earthmoving activities.
17. The applicant shall restore the site access area to pre- construction condition.
18. The applicant shall coordinate project work with the County Flood Control District.
19. The applicant shall submit a creek bypass plan, including any pumping
requirements, pump hours of operation, pump storage, who to call with noise
complaints, and the size of the pump.
20. A signature block shall be shown on the plans for City approval and for any other
regulating agencies.
21. A tree removal permit is required for any trees to be removed.
Page 197 of 301
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ATTACHMENT 5
RESOLUTION NO. 23-2391
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ARROYO GRANDE RECOMMENDING THE CITY
COUNCIL ADOPT A RESOLUTION APPROVING
CONDITIONAL USE PERMIT NO. 23-002 TO IMPLEMENT A
STREAM GAUGE FISH PASSAGE IMPROVEMENT
PROJECT ON PROPERTY LOCATED WITHIN ARROYO
GRANDE CREEK IN PROXIMITY TO CLARENCE AVENUE
AND MYRTLE STREET (APN 077-572-031), APPLIED FOR
BY CREEK LANDS CONSERVATION (CLC)
WHEREAS, the Planning Commission of the City of Arroyo Grande has
considered Conditional Use Permit No. 23-002, applied for by CLC to modify an existing
broad-crested weir spanning the width of Arroyo Grande Creek; and
WHEREAS, the funding for the project was received from the National Fish and
Wildlife Foundation (NFWF) and the California Department of Fish and Wildlife (CDFW);
and
WHEREAS, CLC applied for and received funding through NFWF and CDFW to
implement the proposed project which will lower the weir and restore reliable access to
3.3 miles of critical steelhead habitat upstream of the barrier; and
WHEREAS, the Planning Commission has reviewed the project in compliance with
CEQA and has determined that the project is exempt based upon Sections 15301, 15302,
and 15304 of the State CEQA Guidelines; and
WHEREAS, on November 17, 2023, the Planning Commission conducted a duly
noticed public hearing to consider the staff report, recommendations by staff, and public
testimony concerning the proposed ordinance. Following the public hearing, the Planning
Commission voted to adopt the Resolution and forwarding a Resolution to the City
Council with a recommendation in favor of its adoption; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo
Grande finds, determines, resolves, and recommends:
1. Recitals. All recitals above are true and correct and hereby incorporated by
reference.
2. Recommendation. The Planning Commission hereby recommends that the
City Council adopt the proposed Resolution approving Conditional Use Permit
23-002 to implement a fish passage improvement project.
3. CEQA. This Project is exempt from review under the California
Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines
Page 204 of 301
RESOLUTION NO.23-2391
CUP 23-002
PAGE 2
-2-
Section 15301 (Existing Facilities). This exemption consists of the
operation, repair, maintenance or minor alterations to existing public or
private structures involving negligible or no expansion of existing or former
use. This includes maintenance of artificial wildlife waterway devices to
protect fish and wildlife resources. Here, the Project involves the operation,
repair, and minor alteration to the existing stream gauge that involves little to
no expansion of the existing use. Further, the stream gauge will continue to
be used for its original purpose of improving the critical steelhead trout
habitat.
Alternatively, the Project is also exempt from review under CEQA pursuant
to State CEQA Guidelines Section 15302 (Replacement or Reconstruction).
This exemption consists of the replacement or reconstruction of existing
structures where the new structure will be located on the same site as the
structure replaced and will have substantially the same purpose and
capacity as the structure replaced. The Project will involve the
reconstruction of the stream gauge, located on the same site as the existing
stream gauge, and will have the same purpose of improving the steelhead
trout habitat with the same capacity as the existing structure.
Lastly, the Project is exempt from review under CEQA pursuant to State
CEQA Guidelines Section 15304 (Minor Alterations to Land). This
exemption consists of minor alterations in the condition of land, water, and/or
vegetation which do not involve removal of healthy, mature, scenic trees.
This includes minor alterations in land and water to fish production facilities
which result in improvement of habitat for fish and wildlife resources or
greater fish production. Here, the Project involves reconstruction of the
stream gauge that will lead to the improvement of habitat for the steelhead
trout.
None of the exceptions to the categorical exemptions set forth in State
CEQA Guidelines section 15300.2 have any applicability here. The Project
will not impact any environmental resource of hazardous or critical concern,
will not result in significant cumulative impacts, is not subject to any unusual
circumstances that could result in a significant environmental impact, would
not damage any scenic resources within a scenic highway, is not located on
a hazardous waste site identified on any list compiled pursuant to
Government Code section 65962.5, and would not impact an historical
resource.
Page 205 of 301
RESOLUTION NO.23-2391
CUP 23-002
PAGE 3
-3-
Staff is directed to file the corresponding Notice of Exemption within five
working days from the approval of this Project.
4. Severability. If any section, division, sentence, clause, phrase or portion of
this resolution or the document in the record in support of this resolution is
determined by a court of competent jurisdiction to be invalid, unenforceable,
unconstitutional or otherwise void, that determination shall not affect the
validity of the remaining sections, divisions, sentences, clauses, phrases of
this Resolution.
5. Certification. The Secretary of the Planning Commission shall certify to the
passage, approval, and adoption of this Resolution.
On motion by Vice Chair Berlin, seconded by Chair Maraviglia, and by the following roll call
vote, to wit:
AYES: Berlin, Maraviglia, Buchanan, Roof
NOES: None
ABSENT: Sackrison
The foregoing Resolution was adopted this 7th day of November, 2023.
Page 206 of 301
RESOLUTION NO.23-2391
CUP 23-002
PAGE 4
-4-
_______________________________
JAMIE MARAVIGLIA
CHAIR
ATTEST:
_______________________________
PATRICK HOLUB
SECRETARY TO THE COMMISSION
AS TO CONTENT:
_______________________________
BRIAN PEDROTTI
COMMUNITY DEVELOPMENT DIRECTOR
Page 207 of 301
RESOLUTION NO.23-2391
CUP 23-002
PAGE 5
-5-
EXHIBIT A
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 23-002
AG CREEK STREAM GAUGE REPLACEMENT PROJECT
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
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
23-001.
3. This application shall automatically expire on November 7, 2025 unless a Lake and
Streambed Alteration permit is issued by the California Department of Fish and
Wildlife (CDFW). 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 November 7, 2023 and marked Exhibit B.
5. 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.
6. A copy of these conditions shall be incorporated into all construction documents.
7. 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.
8. 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.
9. 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.
10. Preserve existing survey monuments and vertical control benchmarks in compliance
with Standard Specifications Section 5-1.26A.
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RESOLUTION NO.23-2391
CUP 23-002
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11. The applicant shall be responsible for obtaining an encroachment permit for all work
within a public right-of-way (City, County and/or Caltrans).
12. At least thirty (30) days prior to commencement of any earthmoving activities, the
applicant shall notify all neighbors located within a 500’ radius of the project area. The
notification shall include information about the construction schedule and location of
the staging area.
13. Prior to issuance of an Encroachment Permit, submit property owner authorization for
staging and construction areas.
14. Construction activities shall be limited to 8:00 AM – 5:00 PM Monday through Friday
(no construction on Saturdays or Sundays).
15. The applicant shall submit evidence of obtaining permits from all resource agencies
that have regulatory authority over this project.
16. The applicant shall submit a Stormwater Pollution Prevention Plan/Erosion Control
Plan prior to any earthmoving activities.
17. The applicant shall restore the site access area to pre-construction condition.
18. The applicant shall coordinate project work with the County Flood Control District.
19. The applicant shall submit a creek bypass plan, including any pumping requirements,
pump hours of operation, pump storage, who to call with noise complaints, and the size
of the pump.
20. The applicant shall adhere to all conditions of approval associated with permits issued
by CDFW, NFWF and other responsible agencies.
21. The applicant shall be responsible for replacing in-kind any fencing that is removed as
part of this project.
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RESOLUTION NO.23-2391
CUP 23-002
PAGE 7
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EXHIBIT B
PROJECT PLANS
Page 210 of 301
October 24, 2023
Brian Pedrotti
Community Development Director
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93420
Subject: Arroyo Grande Stream Gauge Modification Project
Dear Mr. Pedrotti,
Enclosed please find our completed Conditional Use Permit for the Arroyo Grande Stream Gauge
Modification Project, which is tentatively scheduled for construction in August 2024.
1)Creek Lands Conservation (CLC) is a small nonprofit that works to enhance wild, native Steelhead
trout habitat. As you may be aware, there are several barriers on Arroyo Grande Creek that prevent
steelhead trout migration. One such barrier is the concrete weir associated with Arroyo Grande Stream
Gauge, located within City boundaries. The scope of our project is to lower the concrete weir so that
Steelhead trout may migrate upstream to over 4 miles of critical habitat. To accomplish this project CLC
is relying on cash funds and in-kind donations from multiple sources including but not limited to
California Department of Fish and Game (CDFW), National Fish and Wildlife Foundation, and the
County of San Luis Obispo. We request that you support us in this effort by waiving the Conditional
Use Permit fee ($6,388.00). We also note that CEQA has been conducted by the City of Arroyo Grande.
2) The project is on parcels 007-572-029 and 007-572-031, owned by the City of AG and Cherry Creek,
respectively. Please see enclosed assessors map.
3) Permits from the Regional Water Quality Control Board 401 Certification, the Army Corps of
Engineers Section 404 Nationwide Application, United States Fish and Wildlife (USFS) biological
opinion to support Army Corps Permit, and the National Atmospheric and Oceanic Administration
(NOAA) biological opinion to support Army Corps Permit, and CDFW Streambed Alteration Permit are
underway.
4) No trees will be removed. A description of the impacted area and a revegetation plan is enclosed. The
gate of the existing fencing will be unlocked and one section of the fence will be temporarily unbolted
and removed to accommodate heavy machinery. The fence will be replaced and restored after
construction.
5) A neighborhood meeting will be held no later than 30 days prior to construction at the offices of CLC
to present the project in further detail to nearby homeowners and answer any questions from the
homeowners. We will also outreach to the homeowners via mailed letters and door knob hanger tags.
ATTACHMENT 6
Page 211 of 301
6) The access has been changed so that impacts will be minimized. A crane, rather than a temporary
access road, will be utilized.
Please let us know if you have any further questions or comments,
Aleksandra Wydzga
Lead Scientist
Creek Lands Conservation
229 Stanley Ave
Arroyo Grande, CA 93420
www.creeklands.org
805-451-7544 (cell)
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