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PC R 08-2057RESOLUTION NO. 08-2057 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE, APPROVING AMENDED CONDITIONAL USE PERMIT 08-001, APPLIED FOR BY CAMP ARROYO GRANDE, LOCATED AT 250 WESLEY STREET WHEREAS, the applicant has filed Amended Conditional Use Permit 08-001 to replace six (6) aging cabins and one (1) dorm style building, which are scattered across the 29- acre campground with 6 new cabins to be clustered in the camp; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Amended Conditional Use Permit 08-001 at a public hearing on February 19, 2008 in accordance with the Municipal Code of the City of Arroyo Grande; and WHEREAS, the Planning Commission has found that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA) and has reviewed the draft Negative Declaration with mitigation measures; and WHEREAS, the Planning Commission finds after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of this title, the goals, and objectives of the Arroyo Grande general plan, and the development policies and standards of the city. The operation of church facilities is an allowed use in the Public Facilities Zone. The development complies with applicable provisions of the Municipal Code including all development standards, necessary improvements and is consistent with Land Use Policy LU12-3.8 speaks directly to hillside development projects related to native oak trees and grading: LU12-3.8 Permit hillside development projects only when the following criteria are met: • The natural contour of the hillside is preserved and removal of native oak trees is minimized. RESOLUTION NO. 08-2057 PAGE20F11 • Excessive, intrusive hillside grading is not required in order to satisfy density proposals of the project • Extensive retaining walls are not required to satisfy density and safety proposed by the project. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed use and intensity remains unchanged from the existing campground. The sparse development of the 29-acre site is consistent with the canyon/hillside location and the intent of the public facility zoning district. 3. The site is suitable for the type and intensity of use or development that is proposed. The 29-acre canyon/hillside site is appropriate for the hosting at least 72 campers in six cabins based upon existing and conditioned improvements. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The campground is serviced by adequate utilities to ensure the public health and safety including city supplied water and sewer and public electricity. 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 use of the campground including new cabins are designed and located to be consistent with the rural nature of the project site and adjacent properties. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby approves Amended Conditional Use Permit 08-001, 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 by Commissioner Marshall, seconded by Commissioner Barneich, and by the following roll call vote, to wit: AYES: Commissioners Marshall, Barneich, Keen and Tait NOES: None ABSENT: None ABSTAIN: Chair Ray the foregoing Resolution was adopted this 19 day of February, 2008. RESOLUTION NO. 08-2057 PAGE30F11 ATTEST: /�� " ---, LYN REARDON-SMITH, SECRETARY TO THE COMMISSION AS TO CONTENT: ROB �'fRONG, COMMUNITY DEVELO_ MENT DIRECTOR RESOLUTION NO. 08-2057 PAGE40F11 EXHIBIT A CONDITIONS OF APPROVAL AMENDED CONDITIONAL USE PERMIT 08-001 250 WESLEY STREET COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the replacement of six (6) aging cabins and one (1) dorm style building, which are scattered across the 29-acre campground with 6 new cabins to be clustered in the camp. Also included in the approval is the construction of an entry gate and an accessory storage building. 1. � 3 4. 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. BUILDING & FIRE DEPARTMENT GENERAL CONDITIONS The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. The applicant shall comply with all conditions of approval for Amended Conditional Use Permit 08-001. Development shall occur in substantial conformance with the documents filed with the Community Development Department. 7. 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. E:3 Prior to occupancy, the new cabins must be fully sprinklered per Building and Fire Department guidelines. 9. Fire hydrants shall be installed to the satisfaction of the Fire Chief. RESOLUTION NO. 08-2057 PAGE 5 OF 11 10. Interior roads shall be of a surFace and width acceptable to the Fire Chief. PUBLIC WORKS DEPARTMENT CONDITIONS All Public Works Department conditions of approval as listed below are to be complied with prior to issuance of a grading permit, unless specifically noted otherwise. PUBLIC WORKS DEPARTMENT SPECIAL CONDITIONS 11 12 13 14 Dedicate public water main easements for the water main. Verify that the existing water meter is sufficient. Install any necessary improvements for fire sprinkling to City standards. Verify that the existing sanitary sewer lateral is sufficient to handle the additional flows is in proper working order. . PUBLIC WORKS DEPARTMENT STANDARD CONDITIONS GENERAL CONDITIONS 15. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as directed by the Director of Community Development or the Director of Public Works. 16. Construction activities can occur seven days per week between the hours of 8 A.M. to 5 P.M. Building and Public works inspections will only be performed during regular business hours and shall be scheduled accordingly. IMPROVEMENT PLANS 17. � All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 19. Submit as-built plans at the completion of the project or improvements as directed by the Director of Public Works. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 20. The following Improvement plans 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, RESOLUTION NO. 08-2057 PAGE60F11 c. Public utilities, d. Water and sewer, e. Landscaping and irrigation, f. Any other improvements as required by the Director of Public Works 21. The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. 22. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 23. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER 24. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. SEWER 25. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. PUBLIC UTILITIES 26. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 27. Submit all improvement plans to the public utility companies for approval and comment. Utility comments shall be forwarded to the Director of Public Works for approval. GRADING 28. Perform all grading in conformance with the City Grading Ordinance. RESOLUTION NO. 08-2057 PAGE70F11 29. Submit a preliminary soils report prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be performed in accordance with the approved soils report. 30. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 31. All drainage facilities shall be designed to accommodate a 100-year storm flow. DEDICATIONS AND EASEMENTS 32. 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. PERMITS 33. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. 34 FEES 35 Obtain a grading permit prior to commencement of any grading operations on site. Pay all required City fees at the time they are due. 36. � Fees to be paid prior to plan approval: a. Plan check for grading plans based on an approved earthwork estimate. b. Plan check for improvement plans based on an approved construction cost estimate. c. Permit Fee for grading plans based on an approved earthwork estimate. d. Inspection fee of public works construction plans based on an approved construction cost estimate. AGREEMENTS 37. Inspection Agreement: Prior to approval of an improvement plan, the applicant RESOLUTION NO. 08-2057 PAGE80F11 shall enter into an agreement with the City for inspection of the required improvements. IMPROVEMENT SECURITIES cE�:3 39 All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 40. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: a. Faithful Performance: 100% of the approved estimated cost of all project improvements, b. Labor and Materials: 50°/a of the approved estimated cost of all project improvements c. One Year Guarantee: 10% of the approved estimated cost of all project improvements. This security is required prior to acceptance of the project improvements. PRIOR TO ISSUING A BUILDING PERMIT 41. The Public Works plans shall be approved. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 42. All utilities shall be operational. 43. All essential project improvements shall be constructed prior to occupancy. Non- essential improvements, guaranteed by an agreement and financial securities, may be constructed after occupancy as directed by the Director of Public Works. PLANNING COMMISSION — CONDITIONS OF APPROVAL 44. All exterior lighting associated with the cabins shall be downward directed and shall not create spill or glare to adjacent properties. MITIGATION MEASURES MM 1.1: All dust control measures listed below shall be followed during construction of the project and shall be shown on grading and building plans. 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. The name and telephone number of such person(s) shall be provided to the APCD prior to land use clearance for finished grading of the area. � � RESOLUTION NO. 08-2057 PAGE90F11 MM 1.2: During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent airborne dust from leaving the site: At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water shall be used. MM 1.3: Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. MM 1.4: All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. MM 1.5: Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. MM 1.6: Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. MM 1.7: To mitigate the diesel PM generated during the construction phase, all construction equipment shall be properly maintained and tuned according to manufacturer's specifications. The measures below shall be clearly identified in the project bid specifications so the contractors bidding on the project can include the purchase and installation costs in their bids. MM 1.8: All off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, shall be fueled exclusively with California Air Resources Board (ARB) motor vehicle diesel fuel. MM 1.9: To the maximum extent feasible, the use of diesel construction equipment shall meet the ARB's 1996 certification standard for off-road heavy-duty diesel engines. MM 1.10: Unless otherwise approved by APCD, the developer shall install catalytic diesel particulate filters or Diesel oxidation catalyst on two (2) pieces of construction equipment involved in primary earth moving and construction activities and projected to generate the greatest emissions. APCD staff shall be included in the selection of candidate equipment along with a representative of the contractor. MM 1.11: If utility pipelines are scheduled for removal or relocation, or building(s) are removed or renovated, this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air RESOLUTION NO. 08-2057 PAGE100F11 Pollutants (40CFR61, Subpart M— asbestos NESHAP). These requirements include, but are not limited to: 1) notification requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos Inspector, and 3) applicable removal and disposal requirements of identified asbestos containing material. MM 1.12: Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the APCD. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxins Control Measure (ATCM) regulated under by the California Air Resources Board (ARB). Responsible Party: Monitoring Agency: Timing: Developer Public Works Department, Building and Fire Department Prior to issuance of Grading Permit and during construction MM 2.1: The applicant shall replace each Oak tree removed with three Oak trees with the size, specie, and location of replacement trees to be determined by the director. Oak trees grown from local acorns shall be used. MM 2.2: All pine trees that are removed as a part of the project shall be replaced at a 3:1 ratio with the size, specie, and location of replacement trees to be determined by the d irector. MM 2.3: The property contains an area of oak woodland adjacent to the project area. Although these Oak trees are not proposed to be removed, the following mitigation measure will reduce construction-related impacts to the adjacent oak woodlands to less than significant levels: MM 2.3a: Fencing shall be installed around each oak tree or cluster of oak trees adjacent to any grading and/or construction areas. This fencing shall be located at the dripline (distance from trunk to outermost canopy) of the tree or cluster of trees. The fencing shall be installed prior to any site clearing or grading activities, and shall remain in place until construction is complete. The fence shall be a minimum of 4' tall and supported by stakes at least every 10' on center. Weatherproof signs shall be permanently posted on the fences, stating the following: "Tree Protection Zone. No personnel, materials or vehicles allowed. Do not move or remove this fence." MM 2.4: All trees designated for removal shall be clearly marked with either brightly colored ribbon or paint. All tree removals require approval of the Parks, Recreation and Facilities. Department. MM 2.5: The applicant shall retain a certified arborist during grading and construction activities to ensure that all mitigation measures relating to tree protection are implemented. RESOLUTION NO. 08-2057 PAGE110F11 MM 2.6: Prior to removal of any trees, a survey shall be conducted by a qualified biologist to determine if any nesting birds will be impacted by construction-related activities. If any nesting birds are found, tree removal shall be conducted outside of breeding season (September to February) and a"no construction" buffer of at least 100' shall be established around the nesting areas until such time that a qualified biologist determines that the nesting areas are no longer occupied. MM 2.7: Prior to grading activities, the property shall be assessed by a qualified biologist for the presence of any special status wildlife. If any special status wildlife is found on the site, they shall be relocated under the direction of a qualified biologist. MM 2.8: Participate in the creation of a local oak tree nursery program with Arroyo Grande in Bloom and the Parks Department. Participation shall include allowing the use of an adequate area and water supply to propagate oak trees for the period of 5 years. Responsible Party: Monitoring Agency: Timing: Developer Community Development Department Prior to issuance of Grading Permit and during construction V' � � � t f 1 �