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PC R 07-2045RESOLUTION NO. 07-2045 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL CONSIDER AN ADDENDUM TO THE PREVIOUSLY CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROJECT, ADOPT A MITIGATION MONITORING PROGRAM, INSTRUCT THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVE VESTING TENTATIVE TRACT MAP CASE NO. 04-004 AND PLANNED UNIT DEVELOPMENT CASE NO. 04-001, LOCATED AT 415 EAST BRANCH STREET, APPLIED FOR BY DB & M PROPERTY, LLC WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3710 on September 23, 2003 certifying the Final Environmental Impact Report (FEIR) for the Creekside Center project (Vesting Tentative Tract Map 01-002 and Conditional Use Permit 01-001); and WHEREAS, the City Council considered Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001, filed by DB & M Property, LLC, to reconfigure 23 existing parcels into 13 parcels, and construct a mixed-use development consisting of 12 duplexes, a 12,000 square foot commercial/office building, and retention of existing structures; and WHEREAS, the City Council has held a duly -noticed public hearing on these applications in accordance with the Development Code of the City of Arroyo Grande; and WHEREAS, the City Council denied, without prejudice, these applications on November 14, 2006; and WHEREAS, the Planning Commission has held a duly -noticed public hearing on a revised project that addresses previous City Council concerns; and WHEREAS, Planning Commission has determined that the proposed project is consistent with the Design Guidelines and Standards for Historic Districts. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council of the City of Arroyo Grande approve Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001 based on the following findings; and subject to the conditions of approval as itemized in Exhibit 'A' attached hereto and made a part hereof: Tentative Tract Map Findings: 1. The proposed tentative tract map is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan map and text and the requirements of the Development Code. RESOLUTION NO. 07-2045 PAGE 2 3. The site, as shown on the tentative tract map, is physically suitable for the proposed residential density commercial development and because all necessary easements, parking, open space, and setbacks can be provided. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial damage to the natural environment, including fish, wildlife or their habitat. 5. The design of the subdivision or proposed improvements is not likely to cause public health problems. 6. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed tentative tract map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. 7. The discharge of waste from the proposed subdivision into an existing community sewer system will not result in violation of existing requirements a prescribed in Division 7 (commencing with Section 13000) of the California Water Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. Planned Unit Development Permit Findings:. 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing multiple -family and single-family residential uses in the surrounding area. RESOLUTION NO. 07-2045 PAGE 3 6. The improvements required, and the manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. On motion by Chair Ray, seconded by Commissioner Barneich, and by the following roll call vote to wit: AYES: Chair Ray, Commissioners Barneich, Marshall & Tait NOES: None ABSENT: Commissioner Keen The foregoing resolution was adopted this 4th day of September 2007. ATTEST: 4"_ LYN REARDON-SMITH, SECRETARY TO THE COMMISSION ROB STRONG, COMMUNITY DEVELOPMEN IRECTOR 1 CAREN RAY, CHAIR RESOLUTION NO. 07-2045 PAGE 4 EXHIBIT A CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP 04-004 and PLANNED UNIT DEVELOPMENT 04-001 DB & M Property, LLC 415 East Branch Street GENERAL CONDITIONS This approval authorizes the reconfiguration of twenty-three (23) existing lots into nineteen (19) lots for a 2.78 -acre property, and construction of a mixed-use development consisting of 16 residential buildings (22 units total), a 12,937 square foot commercial/office building, and retention of existing structures. 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 Vesting Tentative Tract Map 04-004 and Planned Unit Development 04-001. 3. This tentative map and PUD approval shall automatically expire on unless the final map is recorded or an extension is granted pursuant to Section 16.12.140 of the Development Code. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of and marked Exhibits 61-1313 (on file in the Community Development Department), except as modified by these conditions of approval. 5. The applicant shall, as a condition of approval of this tentative map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 6. Consistent with MM 4.3.30, an open space agreement and twenty-five foot (25) creek easement measured from top of bank shall be recorded on the property. No development shall occur within 25' creek setback area. A trail easement shall also be recorded within the creek setback area. A homeowners association shall be responsible for maintaining the creek easement area. 1 RESOLUTION NO. 07-2045 PAGE 5 7. The applicant shall provide two (2) on-site affordably restricted housing units to be sold to moderate -income qualified families. Prior to recording the final map the applicant shall enter into an agreement, in a form approved by the City Attorney, whereby the applicant agrees on behalf of itself and its successors in interest to maintain the affordability of the units for thirty (30) years or longer, as well as other terms and conditions determined to be necessary to implement this condition. 8. The two (2) Coast live oak trees and the Canary Island date palm shall be transplanted at a suitable location on or off-site, as recommended by the arborist report prepared by Carolyn Leach dated September 1, 2006. 9. Storage cabinets within the garages shall be elevated to reduce the risk of damage during a flood event, as determined by a flood study. 10. Construction activities shall be restricted to the hours of 8:00 AM to 5:00 PM Monday through Friday. There shall be no construction activities on Saturday or Sunday. 11. Development shall conform to the Village Mixed Use (VMU) zoning requirements except as otherwise approved. 12. All fences and/or walls shall not exceed six feet (6) in height unless otherwise approved with a Minor Exception or Variance application. 13. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 14. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations." PRIOR TO ISSUANCE OF GRADING PERMIT 15. All walls, including screening and retaining walls, shall be compatible with the approved architecture and Development Code Standards, and shall be no more than 3 feet in height in the front setback area, subject to the review and approval of the Community Development Director. PRIOR TO ISSUANCE OF A BUILDING PERMIT 16. The Architectural Review Committee (ARC) shall review and approve the final architectural drawings, including exterior building colors and materials, final landscape plan with historic railroad elements, Crown Terrace guardrail design placed on top of required retaining walls, and historic markers. RESOLUTION NO. 07-2045 PAGE 6 17. The applicant shall obtain approval Ifor a Planned Sign Program consistent with the Development Code and the Design Guidelines and Standards for Historic Districts. PRIOR TO RECORDING THE FINAL 18. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Parks and Recreation Departure ii ts. The landscaping plan shall include the following for all public street frontages and common landscaped areas: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to I !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 (6) of asphalt or concrete surfaces and curbs; (2) Water conservation 'practices including 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. 11 1 PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 19. All fencing shall be installed. 20. The applicant shall submit final Covenants, Conditions and Restrictions (CC&Rs) that are administered by a subdivision homeowners' association and formed by the applicant for common areas within ithe subdivision. The CC&Rs shall be reviewed and approved by the City Attorney and recorded with the final map. 21. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 22. Linear root barriers shall be used to; protect all sidewalks. 23. All street front trees shall be 24-in6h box and shall be located a minimum of one (1) tree for every fifty feet (50') of street frontage. The existing Cypress trees along Crown Terrace shall be removed in the northeast corner of the site. The other Cypress trees shall be thinned or removed, as determined to be necessary by an arborist study. The Architectural Review Committee (ARC) shall review and approve the final landscape plan. RESOLUTION NO. 07-2045 PAGE 7 BUILDING AND FIRE DEPARTMENT CONDITIONS 24. 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. 25. The project shall comply with State and Federal disabled access requirements at public areas. 26. The applicant shall show all setback areas for each lot on the tentative tract map prior to map recordation. 27. Prior to issuance of a certificate of occupancy, all fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 28. Project shall have a fire flow based on the California Fire Code appendix III -A. 29. Prior to bringing combustibles on site, fire hydrants shall be installed, and be operational per Fire Department and Public Works Department standards. Add an additional hydrant in the dead end street portion on the west side of lots 6 & 7. 30. Prior to occupancy, the applicant must provide an approved "security key vault", per Building and Fire Department guidelines. 31. Prior to occupancy, all buildings must be fully sprinklered per National Fire Protection Association Standards. 32. Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non -conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 33. Prior to issuance of a building permit, County Health Department approval is required for well abandonment if applicable. 34. Project must comply with Federal and local flood management policies. RESOLUTION NO. 07-2045 PAGE 8 35. Any review costs generated by outside consultants, shall be paid by the applicant. SPECIAL CONDITION(S) 36. The applicant shall provide entrance directories, with addresses for Fire & Emergency responders, including private street names. All Public 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. 37. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). 38. Fees to be paid prior to plan approval: a. Map check fee. b. Plan check for grading plans based on an approved earthwork estimate. c. Plan check for improvement plans based on an approved construction cost estimate. d. Permit Fee for grading plans based on an approved earthwork estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A)Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. RESOLUTION NO. 07-2045 PAGE 9 (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. 39. Replace the existing 4" water main underneath Crown Terrace with an 8" main. Replace all services that are not to be abandoned. 40. Replace the short section of 4" main underneath Le Point Street to connect to the 6" main underneath the northern section of Crown Terrace. 41. Replace the section of 4" main underneath Le Point Street between Corbett Canyon/Highway 227 and McKinley Street. 42. Extend an 8" main through the site to connect to the main underneath Le Point and Crown Hill. 43. The applicant shall make all necessary welded connections to the steel sanitary sewer main and slip line the main and welded stub laterals. 44. Pay a proportionate share to the Fair Oaks Sewer Main Upgrade. 45. Install decorative streetlights along Crown Hill to match existing light standards in the village along East Branch Street. The minimum lighting required by the Police Department shall be used. Streetlights along Crown Terrace and Le Point Street shall be shielded to direct light downwards, and shall be shorter than standard streetlights. The ARC shall review and approve the final lighting plan. RESOLUTION NO. 07-2045 PAGE 10 46. Parking for existing businesses on the site shall not be blocked during construction. 47. Dust shall be controlled on site during construction. 48. The pedestrian path adjacent to the creek shall be made of decomposed granite (dg). 49. Distinctive marking, such as stamped concrete, shall be used to indicate a pedestrian path across the parking area linking the pedestrian path adjacent to the creek to East Branch Street. 50. A bike rack containing six (6) bicycle spaces shall be installed in both the residential and commercial components of the project for a total of twelve (12) bicycle spaces. 51. Underground all existing overhead utilities, more specifically the following poles and associated overhead lines, shown graphically in Exhibit A: a. Pole 2197, near the dead end of Le Point Street, b. Pole 440, at the corner of Le Point and Crown Terrace, c. Pole 524, at the corner of Crown Hill and Crown Terrace, d. Pole 139, along Crown Terrace, e. Unknown Pole Number, along Crown Terrace, 52. Construct Le Point Street adjacent to the northern project boundary to the following design standards: ■ 40 feet street width from curb to curb, ■ 6 feet wide concrete sidewalks on the project side with concrete curb and gutter on both sides of the street. ■ 25 mile per hour design speed. ■ TI of 6.5. 53. Construct Crown Terrace adjacent to the eastern project boundary to the following design standards: ■ 24 feet street width from curb to curb, ■ 6 feet wide concrete sidewalks with concrete curb and gutter on the west side of the street, ■ "No Parking" both sides of the street, ■ 25 mile per hour design speed, ■ TI of 6.5 54. Remove and replace any broken curb, gutter and sidewalk along Crown Hill and East Branch Street. 55. Install a pedestrian ramp at the corner of Crown Hill and East Branch. RESOLUTION NO. 07-2045 PAGE 11 56. Overlay Crown Terrace with 1 '/Z" asphalt concrete. Grind the perimeter of the overlay to facilitate matching to existing grades. 57. Complete the half of the cross gutter and spandrel at the northwest corner of Le Point and Crown Terrace. 58. Analyze the intersection of Crown Terrace and Le Point Street for traffic control improvements and install an all -way stop, and any other improvements as are deemed necessary by the Director of Public Works. 59. The residential portion of the project shall have primary access from Le Point Street. 60. Upgrade the storm drain system along Le Point to City Standards, complete with fossil filters. 61. Remove and replace the drop inlet along the property frontage of Crown Hill with a new City standard drop inlet. 62. Project site drainage shall drain directly to the creek. Site drainage shall be filtered prior to entering the creek. Energy dissipation shall be provided for at the creek outfall. Bioswales shall be used where appropriate, as approved by the California Department of Fish and Game and the U.S. Army Corps of Engineers. GENERAL CONDITIONS 63. 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. 64. Perform construction activities requiring City inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M. excluding City holidays) for inspection purposes. 65. Prior to placing the final map on the City Council Agenda, the following items shall be submitted and approved: a. Final map signed. b. Improvement Securities. c. Fees paid. d. Inspection agreement signed. e. Subdivision improvement agreement signed. f. Tax certificate. g. Project CC&R's or maintenance agreements. IMPROVEMENT PLANS 66. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. RESOLUTION NO. 07-2045 PAGE 12 67. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 68. 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. 69. 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. c. Public utilities. d. Water and sewer. e. Landscaping and irrigation. f. Any other improvements as required by the Director of Public Works. 70. 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. g. The location of all existing and proposed public or private utilities. 71. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 72. Any landscape and irrigation within the public right of way require plans that shall be approved by the Public Works, Community Development and Parks and Recreation Departments. WATER 73. Whenever possible, all water mains shall be looped to prevent dead ends. The Director of Public Works must grant permission to dead end water mains. 74. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. 75. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 76. Lots using fire sprinklers shall have individual service connections. If the units are to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters. RESOLUTION NO. 07-2045 PAGE 13 77. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 78. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: a. Implement an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; OR, b. The applicant may pay an in lieu fee of $2,200 for each new residential unit. 79. Install fire hydrants to Public Works and Building and Fire Department requirements. SEWER 80. Each parcel shall be provided a separate sewer lateral. 81. All sewer laterals must connect to City sewer mains. 82. All new sewer mains must be a minimum diameter of 8". 83. All sewer laterals within the public right of way must have a minimum slope of 2%. 84. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 85. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 86. Sewer laterals must connect to City sewer mains. 87. Obtain approval from the South County Sanitation District for the development's impact to District facilities. PUBLIC UTILITIES 88. Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. 89. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. 90. Underground improvements shall be installed prior to street paving. RESOLUTION NO. 07-2045 PAGE 14 91. 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. 92. Submit the Final Map shall to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 93. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 94. All public utility plans shall be submitted to the Director of Public Works for review and comments. STREETS 95. Obtain approval from the Director of Public Works prior to excavating in any street recently over -laid or slurry sealed. The Director of Public Works shall approve the method of repair of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal. 96. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. 97. All street repairs shall be constructed to City standards. 98. Street structural sections shall be determined by an R -Value soil test and TI, but shall not be less than 3" of asphalt and 6" of Class II AB. 99. Overlay, slurry seal, or fog seal any roads dedicated to the City prior to acceptance by the City may be required as directed by the Director of Public Works. CURB, GUTTER, AND SIDEWALK 100. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 101. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. GRADING 102. Perform all grading in conformance with the City Grading Ordinance. 103. 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. RESOLUTION NO. 07-2045 PAGE 15 104. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINAGE 105. All drainage facilities shall be designed to accommodate a 100 -year storm flow. 106. All drainage facilities shall be in accordance with the Drainage Master Plan. 107. The project is in Drainage Zone "B" and will require runoff to be directed to the creek. 108. Submit detailed drainage calculations for review and approval by the Director of Public Works. DEDICATIONS AND EASEMENTS 109. 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. 110. Abandonment of public streets and public easements shall be listed on the final map of parcel map, in accordance with Section 66499.20 of the Subdivision Map Act. 111. 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, except that street tree easements shall exclude the area covered by public utility easements. 112. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to all street right of ways. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 113. A Public Utility Easement (PUE) shall be dedicated over the private driveway for the residential portion. 114. Easements shall be dedicated to the public on the map, or other separate document approved by the City, for the following: ■ Sewer easement over the existing sewer main. The existing easement is to the County of San Luis Obispo, but the City owns a portion of the main. The easement shall be a minimum of 15 feet wide. ■ Water easements where shown on the tentative map. The easements shall be a minimum of 15 feet wide. RESOLUTION NO. 07-2045 PAGE 16 115. Private easements shall be reserved on the map, or other separate document approved by the City, for private sewer and water service. PERMITS 116. 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. 117. Obtain a grading permit prior to commencement of any grading operations on site. AGREEMENTS 118. Inspection Agreement: Prior to approval of an improvement plan, the applicant shall enter into an agreement with the City for inspection of the required improvements. 119. Subdivision Improvement Agreement: The sub divider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. 120. Covenants, Conditions, and Restrictions to outline the maintenance of the common facilities. These shall be subject to the review and approval of the Director of Public Works and the City Attorney. IMPROVEMENT SECURITIES 121. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 122. Submit an engineer's estimate of quantities for public improvements for review by the Director of Public Works. 123. 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 subdivision improvements. b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements, C. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. RESOLUTION NO. 07-2045 PAGE 17 OTHER DOCUMENTATION 124. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office indicating that there are no unpaid taxes or special assessments against the property. The applicant may be required to bond for any unpaid taxes or liens against the property. This shall be submitted prior to placing the map on the City Council Agenda for approval. 125. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. 126. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the Director of Public Works with the final submittal of the Map. Prior to issuing a building�nermit 127. The Final Map shall be recorded with all pertinent conditions of approval satisfied. Prior to issuing a certificate of occupancy 128. All utilities shall be operational. 129. 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. 130. Prior to the final 10% of occupancies for the project are issued; all improvements shall be fully constructed and accepted by the City. MITIGATION MEASURES SEE EVIRONMENTAL IMPACT REPORT ADDENDUM AND MITIGATION MONITORING PROGRAM (EXHIBITS C AND D). 1 RESOLUTION NO. 07-2045 PAGE 18 EXHIBIT E STATEMENT OF OVERRIDING CONSIDERATIONS CREEKSIDE CENTER Section 15093 of the CEQA Guidelines establishes the following requirements for a Statement of Overriding Considerations: (a) CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological or other benefits of a Proposed Project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of a Proposed Project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable". (b) Where the decision of the public agency allows the occurrence of significant effects, which are identified in the Final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reasons to support its action based on the Final EIR and/or other information in the record. This statement may be necessary if the agency also makes a finding under Section 15091(a)(2) or (a)(3). (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. The Final Program EIR for the 2001 General Plan Update and the Final EIR for the Creekside Center project identified several mitigation measures for impacts related to cumulative water supply. Some require implementation on a regional basis. If these regional measures are established and enforced, water resources might be mitigated to a less than significant level. Until these regional measures are implemented, approval of any discretionary development project may involve unavoidable significant impacts. Therefore, CEQA findings and a statement of overriding consideration are needed to explain why the City considers this potentially significant impact as unavoidable but acceptable. The City Council has weighed the benefits of the proposed project against its unavoidable potentially significant impact on cumulative water supply. Based on consideration of the record as a whole, the City Council finds that the following benefits of the project outweigh the unavoidable and potentially significant environmental impact and make adoption acceptable: 1) Current estimates of regional water resources available during drought periods may be more or less than the City's currently available municipal water supply sources as documented in the City of Arroyo Grande Water Master Plan and Urban Water Management Plan. This is because these water resources are also utilized by the Cities of Grover beach and Pismo RESOLUTION NO. 07-2045 PAGE 19 Beach, the Oceano and Nipomo Community Services Districts, the County of San Luis Obispo and hundreds of individual private agricultural and Rural and Suburban Residential wells. These other jurisdictions and users are not under the control of the City of Arroyo Grande. Continued agricultural irrigation and projected unincorporated area growth and development, particularly the responsibility of the County of San Luis Obispo to manage, make it infeasible for the City of Arroyo Grande to mitigate water resource impacts to potentially less than significant. However, the 2001 General Plan contains principles, objectives and policies related to the conservation of water resources and reduced consumption within the City which better manage and limit land use and urban development to that which can likely be sustained by available water resources. The mitigation measures contained in the Final EIR for the Creekside Center project adhere to these water conservation policies. 2) The project enables implementation of General Plan policies related to economic development (business retention and expansion, and promotion of additional base level of jobs), Mixed Use development, creekway access and enhancement, historic preservation, and development of affordable housing. 1 SACommunity Development\PROJECTS\TTM\Creekside TTM 2346\New Submittal\08-21-07 PC TTM & PUD Reso.doc 1 1 1 1 CREEKSIDE MIXED-USE CENTER TENTATIVE TRACT MAP 04-004 & PLANNED UNIT DEVELOPMENT 04-001 (THE "PROJECT") Mitigation Monitoring Program Table of Contents August 2007 Introduction................................................................................. 2 LegalBasis........................................................................ 2 Program Implementation and Monitoring .................................... 3 Implementation...................................................... 3 Mitigation Monitoring ............................................. 4 Mitigation Monitoring Status Reporting ........................... 5 Project Mitigation Measures...................................................... 5 4.1 Aesthetics................................................................ 5 4.2 Air Quality................................................................ 6 4.3 Biology................................................................ 7 4.4 Cultural Resources....................................................... 16 4.5 Geology and Soil ....................................................... 19 4.6 Hazardous Materials .............................................. 22 4.7 Hydrology, and Water Quality ..................................... 23 4.8 Land Use................................................................ 26 4.9 Noise......................................................................... 26 4.10 Public Services and Utilities ..................................... 26 4.11 Water and Wastewater .............................................. 27 1 Mitigation Monitoring Program for the Creekside Center Introduction Mitigation is defined by the California Environmental Quality Act (CEQA) as a measure which: • Avoids the impact altogether by not taking a certain action or parts of an action. • Minimizes impacts by limiting the degree or magnitude of the action and its implementation. • Rectifies the impact by repairing, rehabilitating, or restoring the impacted environment. Reduces or eliminates the impact over time by preservation and maintenance operations during the life of the project. Compensates for the impact by replacing or providing substitute resources or environments. Mitigation measures discussed below have been identified in Chapter 4 of the FEIR, Environmental Setting, Impacts and Mitigation Measures, as feasible and effective in mitigating project -related environmental impacts. The effectiveness of each measure is identified in this Mitigation Monitoring Program and discussed in more detail in Chapter 4 of the FEIR. Legal Basis Overriding Considerations The City Certified the FEIR for the Creekside Center in September 2003 and an Addendum to that document has been prepared to evaluate potential impacts for a revised project. At the time of considering approval of the project, the City must consider the information presented in the Final EIR and Addendum. The FEIR for the original project identified significant and unavoidable impacts with the demolition of historical resources and to the City's cumulative water supply. The revised project reduces impacts to historical resources to a less than significant level by retaining all significant (historic resources or important to their setting) existing structures on the project site. Impacts to the City's long-term water supply remains a significant and unavoidable impact previously recognized in the 2001 GPU Program EIR. If a project is determined to a have significant, unavoidable impact, the City must find that the benefits of the project outweigh the environmental effects before approving the project. This is called a Statement of Overriding Considerations and it must be included in the record of project approval (CEQA Guidelines §15093). The Statement of Overriding Considerations is a written statement, based on substantial evidence, explaining why the Lead Agency will accept the project with significant effects. Because the project has a significant, unavoidable environmental impact regarding water supply, the City must make this finding of Overriding Considerations in its approval of the project. A Notice of Determination is filed after the City makes its final decision. Mitigation and Monitoring Program The legal basis for the development and implementation of a Mitigation and Monitoring Program lies within CEQA. CEQA Sections 21002 and 21001.1 state: 1 Creekside FEIR Mitigation Monitoring Program - 2 - 1 • Public agencies are not to approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects; and • Each public agency shall mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so. • CEQA Section 21081.6 further requires that: the public agency shall adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The reporting or monitoring program shall be designed to ensure compliance during project implementation. • The monitoring program must be adopted when a public agency makes its findings under CEQA so that the program can be made a condition of project approval in order to mitigate significant effects on the environment. The program must be designed to ensure compliance with mitigation measures during project implementation to mitigate or avoid significant environmental effects. Program Implementation and Monitoring Each mitigation measure is described in the following format: Impact: The description of the specific environmental impact. Mitigation Measure (MM): The description of the mitigation measures. Mitigation Level. The level to which the impact is anticipated to be mitigated. Responsible Party: The agency, Department or individual that has the responsibility for implementing or performing the measure. Monitoring Agency: The public agency that has the responsibility for monitoring to ensure that the mitigation measure is effective in mitigating the impact. Timing: The appropriate points in time at which the mitigation measure is to be initiated and completed. Implementation The City shall be responsible for overall implementation and administration of the Mitigation and Monitoring Program for the project. The City shall designate a staff person to serve as coordinator of all mitigation monitoring among the various government agencies, construction contractors, and interested residents. This person (Coordinator) will oversee all mitigation measures and ensure they are completed to the standards specified in the FEIR and Addendum and will ensure that the mitigation measures are completed in a timely manner. They will also be responsible for the Mitigation Monitoring Checklist. Creekside FEIR Mitigation Monitoring Program - 3 - Duties of the Coordinator include the following: • Coordinate with applicable agencies that have mitigation monitoring and reporting responsibility; • Coordinate activities with the construction manager; • Coordinate activities of all in -field monitors; • Develop a work plan and schedule for monitoring activities; • Coordinate activities of consultants hired by the developer when such expertise and qualifications are necessary; • Conduct routine inspections and reporting activities; • Plan checks; • Assure follow-up and response to citizen inquiries and complaints; • Develop, maintain, and compile Verification Report Forms; • Maintain the Mitigation Monitoring Checklist or other suitable mitigation compliance summary; and • Coordinate and assure implementation of corrective actions or enforcement measures, as needed. Mitigation Monitoring The implementation of mitigation measures shall be monitored at two levels. The first level of monitoring is done through the use of a Verification Report. This report is to be completed for each mitigation measure by the in -field monitor, responsible agency, or construction manager (whichever is appropriate for the given action and mitigation measure). Frequency of report completion will vary based on the type of mitigation measure. For example, measures that require modification of final design drawings will only require that the Verification Report be completed at the time of Final drawings are completed and again when they are approved. However, in -field monitoring for activities such as construction may require that a Verification Report be completed daily. Once a mitigation measure has been completed and the measure needs no further monitoring or follow-up, the in -field monitor, responsible agency, or construction manager shall notify the Coordinator that the measure has been completed. This notification shall be done by sending a final Verification Report. The Coordinator shall be responsible for collecting and maintaining completed Verification Reports. Copies of these reports shall be maintained by the City. If the in field monitor, responsible agency, or construction manager determined that non- compliance has occurred, a written notice shall be delivered to the Coordinator describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed upon the party responsible for implementation, at the discretion of the City. The second level of monitoring shall be done through the completion of the Mitigation Monitoring Checklist. The purpose of the Checklist is to provide a summary of the status of adopted mitigation measures for the City, other public officials, and concerned citizens. The Coordinator shall update the Checklist twice a year. The Coordinator shall update the Checklist by reviewing the Verification Reports and contacting the in -field monitors, responsible agencies, and the construction manager to review the status of their respective mitigation measures. A copy of the most current Mitigation Monitoring Checklist shall be maintained at the Community Development Department. Creekside FEIR Mitigation Monitoring Program - 4 - Mitigation Monitoring Status Reporting The City shall compile a Mitigation Monitoring Status report on an annual basis. The report shall be prepared by the Coordinator and contain the following: • Mitigation Monitoring Checklist to provide the status of every mitigation measure; • List of completed mitigation measures; • List of all non-compliance incidences, with action taken or required' • Evaluation of the effectiveness of the mitigation measures; • Recommendations for modifications to the Mitigation and Monitoring Program to improve effectiveness; and • Required modifications to the Mitigation and Monitoring Program to comply with legislation and policies adopted in the previous year (e.g. newly listed threatened species). Project Mitigation Measures This section presents a listing and description of the recommended mitigation measures that avoid or minimize potential environmental impacts. 4.1 Aesthetics The revised project uses building colors and materials consistent with the Design Guidelines for the Historic Overlay District (the "Guidelines") and therefore requires no mitigation for visual impacts. Impact: Signs added as part of the proposed project may conflict with the existing Design Guidelines for the Historic Overlay District and with the Development Code for the Village Mixed Use District. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.1.1: A Planned Sign Program application shall be submitted to the Community Development Department (CDD). All signs to be installed on or around the proposed buildings shall be subject to review by Architectural Review Committee (ARC) and approval by the CDD. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande, CDD Timing: Prior to issuance of Building Permit Impact: Sidewalks installed as part of the project may conflict with the Guidelines. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.1.2: All sidewalks to be installed shall be consistent with the Guidelines and the Development Code, subject to review and approval by the ARC. Mitigation Level: Less -than -significant Responsible Party: City of Arroyo Grande — CDD, ARC Monitoring Agency: City of Arroyo Grande - CDD, Public Works Dept. Timing: Prior to issuance of Building Permit Creekside FEIR Mitigation Monitoring Program - 5 - Impact: The proposed development would result in an increase in external lighting. Night lighting for security, parking and street lighting could be perceived as intrusive to surrounding residential neighborhoods. This is a potentially significant impact that can be mitigated to a Fess -than -significant level with implementation of the following mitigation measure(s). MM 4.1.3: All lighting for the proposed project shall conform to Development Code Section 16.48.090 for position, intensity and operation. In particular, street and parking lot lights shall be directed away from the surrounding residential areas, and shall be of minimum intensity. A photometric plan shall be submitted for review and approval by CDD and Police Dept. consistent with these lighting requirements. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande - CDD, ARC, Public Works Dept., Police Dept. Timing: Prior to issuance of Building Permit 4.2 Air Quality Impact: The revised project does not include demolition of any primary buildings and therefore no impacts of hazardous air pollutants such as asbestos or lead materials are anticipated. However, construction activities would produce short-term air quality impacts. This is a potentially significant impact that can be mitigated to a less -than - significant level with implementation of the following mitigation measure(s). MM 4.2.1: The dust control measures listed below shall be followed during construction of the project, and shall be shown on grading and building plans: 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 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. Non -potable water shall be used whenever possible. • Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. • 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. • Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. • 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. Creekside FEIR Mitigation Monitoring Program - 6 - • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Maximize the use of diesel construction equipment meeting, as a minimum, the California Air Resources Board's 1996 certification standard for off-road heavy-duty diesel engines. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande - Public Works Dept., Building and Fire Department Timing: Prior to issuance of Grading Permit and during construction 4.3 Biological Resources A biological resources investigation was conducted for the project, with emphasis on identifying sensitive biological resources and associated project impacts given the site's proximity to Tally Ho Creek. Impact: Construction of the project may result in loss of and damage to existing vegetation/botanical resources and species habitat. In addition, the potential loss of trees within the riparian corridor could have substantial effect on habitat suitability for special - status wildlife species (although no trees are currently scheduled for removal). This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measures. MM 4.3.1: A Riparian Restoration, Landscaping, and Monitoring Plan (Restoration Plan) shall be prepared by a qualified restoratio n/revegetation biologist and a qualified arborist. The Restoration Plan shall include, at a minimum, the requirements within the mitigation measures included in the FEIR, success criteria, and contingency planning if those criteria are not met. Mitigation Level: Less -than -significant Responsible Party: Developer shall submit the plan to the City and California Dept. of Fish and Game (CDFG) Monitoring Agency: City of Arroyo Grande — CDD and PR&F (Parks, Recreation and Facilities Dept.); CDFG Timing: Restoration Plan shall be submitted and approved prior to issuance of Grading Permit; duration of monitoring shall be no less than five (5) years. MM 4.3.2: Any trees intentionally or unintentionally killed or removed that are greater than or equal to four (4) inches diameter at breast height (DBH) and less than twelve (12) inches DBH shall be replaced at a 3:1 ratio. Trees removed that are greater than or equal to twelve (12) inches DBH shall be replaced at a 5:1 ratio. Replacement trees shall be limited to appropriate native, riparian tree species as approved by the City Parks, Facilities and Recreation Department's arborist. Creekside FEIR Mitigation Monitoring Program - 7 - Mitigation Level: Less -than -significant Responsible Party: City of Arroyo Grande — CDD, Parks, Recreation & Facilities Dept. Monitoring Agency: City of Arroyo Grande — CDD, Parks, Recreation & Facilities Dept.; CDFG Timing: During construction MM 4.3.3: Non-native, invasive plant species (German ivy, poison hemlock, etc.) shall be removed from the project site, and replaced with appropriate native herbaceous plant species as directed by a qualified restoration biologist. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Parks, Recreation & Facilities Dept.; CDFG Timing: Prior to issuance of a Certificate of Occupancy MM 4.3.4: All disturbed areas of bare soil and slopes within the project site must be protected from erosion during and after construction in conformance with mitigation measures in the Geology and Soils section. Re -vegetation in appropriate areas of the site shall be implemented immediately following construction with locally occurring native plants and native erosion control seed mix (composed of locally -occurring native seed), in conjunction with geotechnical fabrics such as jute netting, for steeper slopes. Implementation of the re -vegetation and other construction Best Management Practices shall be monitored by a qualified restoration biologist. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: Restoration Biologist; City of Arroyo Grande — CDD, Parks, Recreation & Facilities Dept. Timing: During and after construction activities MM 4.3.5: The restoration Plan for the site shall contain the following measures for tree protection during construction: • A qualified arborist shall be present on-site during preliminary grading. Two sets of the site map and grading plan shall be submitted Prior to Grading Permit and shall contain all information required under the terms of Section 7-1.06d of the City of Arroyo Grande Grading Ordinance. • To protect trees on and near the site during construction, tree preservation zones (TPZ) shall be established by installing fencing, with stakes embedded in the ground, no less than 48 inches in height, at the dripline (the perimeter of the foliar canopy) of the tree, or at the critical root radius, as defined by the consulting arborist. This installation will be done prior to any grading or construction activities. In addition, herbaceous and shrubby vegetation shall be fenced and protective wood barriers shall be provided where these are to be retained. Creekside FEIR Mitigation Monitoring Program - 8 - 1 • Storage of construction materials, debris, or excess soil and parking of vehicles or construction equipment shall be prohibited within the dripline of existing trees (the TPZ). Any solvents or liquids shall be properly stored, disposed, and recycled to prevent accidental release. • Soil compaction on the construction site shall be minimized, particularly within the riparian corridor and under the dripline of trees. Soil surface shall be protected with a deep layer of mulch (tree chips) to reduce compaction, retain moisture, and stabilize soil temperature. • The natural grade around trees that are not removed shall be maintained. No additional fill or excavation shall be permitted within areas of tree root development. If tree roots are unearthed during the construction process, the consulting arborist shall be notified immediately. Exposed roots shall be covered with moistened burlap until a determination is made by the on-site arborist. • Any areas of proposed trenching shall be evaluated with the consulting arborist and the contractor prior to construction. All trenching on this site shall be approved by the on-site arborist. Trenching within a tree dripline shall be performed by hand. Tree roots encountered shall be avoided or properly pruned under the guidance of the consulting arborist. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: Arborist; City of Arroyo Grande — CDD, Parks, Recreation & Facilities Dept. Timing: During construction Impact: The project could substantially degrade the riparian corridor associated with Tally Ho Creek indirectly through introduction of exotic/invasive non-native plant species, introduction of foreign materials (petroleum products, refuse, etc.), erosion, slope slippage, and directly through disruption of a sensitive habitat. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.3.6: To reduce erosion hazards due to construction activities, grading shall be minimized, and project applicants shall use runoff and sediment control structures, and/or establish a permanent plant cover on side slopes following construction as required in Mitigation Measures within the Geology and Soils section of the FEIR. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit Creekside FEIR Mitigation Monitoring Program - 9 - MM 4.3.7: The applicant shall submit a Notice of Intent to the Regional Water Quality Control Board (RWQCB) to obtain a State Water Resources Control Board General Construction Storm Water Permit. This shall include preparation and approval of a Storm Water Pollution Prevention Plan (SWPPP) and implementation of Best Management Practices to reduce water quality impacts as required by the Regional Water Quality Control Board (RWQCB). Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit MM 4.3.8: Work shall be completed during the dry season (April 15 to October 15) to reduce active construction erosion to the extent feasible. If construction must extend into the wet weather season, a qualified geohydrologist or geotechnical engineer, and restoration biologist shall prepare a drainage and erosion control plan that addresses construction measures to prevent sedimentation and erosion of Tally Ho Creek. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit and during construction MM 4.3.9: No fueling or maintenance of equipment shall take place at the site. Mechanical equipment shall be serviced in designated staging areas located outside of the creek riparian area. Water from equipment washing or concrete wash down shall be prevented from entering the creek. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: During construction MM 4.3.10: All removed and excess material shall be disposed of off-site and away from the flood plain, outside areas subject to U.S. Army Corps jurisdiction. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: During construction MM 4.3.11: Erosion control and bank stabilization measures shall be implemented to ensure that the banks used for access do not erode. In addition, when possible, alternative bank protection methods, such as restoration of native vegetation, root wads, or other bioengineering methods of stabilization, shall be used. In order to reduce long- term effects of soil compaction and changes in topography, construction vehicles and personnel shall not enter the low flow channel and wet areas or if necessary, with prior City and DFG* approval, only to the extent necessary to complete construction activities. Creekside FOR Mitigation Monitoring Program _10- Construction mats, wood planking, and other devices shall be used whenever possible to reduce impacts associated with soil compaction. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: During construction MM 4.3.12: All temporary fill placed during project construction shall be removed at project completion and the area restored to approximate pre -project contours and topography as approved by a qualified geohydrologist and restoration biologist. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of a Certificate of Occupancy MM 4.3.13: No construction debris or materials shall be allowed to enter the creek bed, either directly or indirectly. Stockpiles shall be kept outside of the creek setback area and protected to prevent material from entering the creek bed. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: During construction Impact: The project has the potential to result in significant direct impacts to the southwestern pond turtle in the project footprint (and associated riparian corridor) including through harassment, injury, or mortality from construction equipment, construction debris, and worker foot traffic and from temporary loss of habitat, temporary dispersal disruption, and consumption by predators attracted to the activities. In addition, the project may result in significant indirect impacts to pond -turtle habitat including disturbance of upland slopes during construction and the resulting siltation, sedimentation, pollution, exposure, and reduction of cover. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.3.14: A qualified biologist, preferably with a Memorandum of Understanding (MOU) with California Department of Fish and Game (CDFG), shall perform pre - construction surveys for southwestern pond turtles. If southwestern pond turtles are observed within the Area of Potential Effect (APE), they shall be relocated (only by a biologist with an MOU) to appropriate habitat elsewhere along Tally Ho Creek. If the surveying biologist does not have an MOU, CDFG shall be contacted regarding southwestern pond turtle presence, to determine an appropriate course of action. Mitigation Level: Responsible Party: Monitoring Agency: Timing: Less -than -significant Developer City of Arroyo Grande — CDD; CDFG Prior to issuance of Grading Permit Creekside FOR Mitigation Monitoring Program - 11 - MM 4.3.15: An on-site biological monitor shall assess the Area of Potential Impact (API) daily for southwestern pond turtle presence, and relocate any observed individuals to appropriate associated habitat (only if the monitor has a MOU). If the surveying biologist does not have an MOU, CDFG shall be contacted regarding southwestern pond turtle presence, to determine an appropriate course of action. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; CDFG Timing: During construction Impact: The project would potentially result in a significant adverse impact to nesting raptors due to increased physiological stress, increased brood mortality, and potential nest abandonment. These impacts may occur due to reduced habitat suitability or quality (physical or biological changes in the area), increased frequency of disturbance (i.e., noise, dust, vibration, etc.), and increased accidental death (direct mortality). The available nesting raptor habitat at and near the project site that may be impacted by the project includes all trees within 300 feet of project boundaries, including the adjacent areas surrounding Tally Ho Creek. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.3.16: Pre -construction surveys for nesting raptors shall be performed by a qualified biologist. If raptor nests are located during pre -construction surveys, a 300 -foot buffer shall be established around each nest for the duration of the breeding season (ending August 1S), or until such time as the young are fully fledged as determined by a qualified biologist in coordination with CDFG. Every effort shall be made to avoid removal of, or impact to, known raptor nests within project boundaries. If trees known to support raptor nests (in past years) cannot be avoided, limbing or removal of these trees may only occur during the non -breeding season (March 15 — August 1). Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD; CDFG Timing: Prior to issuance of Grading Permit Impact: The project may result in significant impacts to adult and sub -adult California Red Legged Frogs (CRLFs) including harassment, injury, or mortality from construction activities including placement of debris, worker foot traffic, restoration activities, temporary loss of habitat, temporary dispersal disruption, consumption by predators attracted to the activities, and siltation and pollution of the habitat. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.3.17: All work within the sensitive habitats shall be confined to a work -window of May 1 to November 1 to minimize the impact on wildlife species. Creekside FEIR Mitigation Monitoring Program -12- Mitigation Level: Responsible Party: Monitoring Agency: Timing: Less -than -significant Developer City of Arroyo Grande — CDD; CDFG During Construction MM 4.3.18: A biological monitor shall be on site during initial construction activities (grading, vegetation removal) to monitor for special -status wildlife. Mitigation Level: Less -than -significant Responsible Party: Developer, Consulting Biologist Monitoring Agency: City of Arroyo Grande — CDD; CDFG Timing: During Construction MM 4.3.19: A biological monitor shall conduct protocol -level surveys for CRLF within the riparian corridor associated with the project site to establish site utilization by this species. Mitigation Level: Less -than -significant Responsible Party: Developer, Consulting Biologist Monitoring Agency: City of Arroyo Grande — CDD; CDFG Timing: Prior to issuance of Grading Permit MM 4.3.20: Consultation with U.S. Fish and Wildlife Service (USFWS) is required. This will involve a minimum 135 -day review during which time USFWS will prepare a Biological Opinion and Take Permit. Mitigation Level: Less -than -significant Responsible Party: Developer; USFWS Monitoring Agency: City of Arroyo Grande — CDD; USFWS Timing: Prior to issuance of Grading Permit MM 4.3.21: A permitted biologist (USFWS permit) shall relocate any and all individuals located within project boundaries to suitable habitat without the risk of take (relocation of CRLF also has the potential to take individual frogs, but this will be addressed in the Service's Biological Opinion). Relocation of CRLF, if present, would occur prior to, and for the duration of, construction. Mitigation Level: Less -than -significant Responsible Party: Developer, Consulting Biologist Monitoring Agency: City of Arroyo Grande — CDD; USFWS Timing: Prior to issuance of Grading Permit and during construction MM 4.3.22: An employee education program shall be conducted to familiarize workers with the biology and identification of special -status wildlife species that may potentially be encountered during construction. This education program will also discuss access to and from the site, impact minimization, required avoidance and conditions of construction measures, and communication with appropriate agencies (CDFG and USFWS). One person will be appointed the point of contact for these agencies, and will be responsible Creekside FEIR Mitigation Monitoring Program -13- for appropriate communication in the unlikely event that special status species are encountered during construction. Neither the appointed contact nor anyone else on the crew shall handle special status wildlife at any time. Mitigation Level: Less -than -significant Responsible Party: Developer, CDFG and USFWS Monitoring Agency: City of Arroyo Grande — CDD; CDFG; USFWS Timing: Prior to issuance of Grading Permit MM 4.3.23: Equipment staging areas and vehicle parking and movement shall be restricted to designated construction zones. Flagging shall also be used to keep equipment, vehicles, and personnel from restricted areas. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: During construction MM 4.3.24: To reduce the potential attraction of CRLF predators, all food -related trash materials (e.g., leftovers, wrappers, and containers) shall be removed from the construction site each day, and sites would be constantly maintained as litter -free. Project personnel shall be instructed not to bring pets on-site, which may also prey upon CRLF. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: During construction MM 4.3.25: Strict adherence to erosion control measures, and control of project run-off, is critical to maintaining CRLF habitat. Riparian mitigation, geology and soils mitigation, hydrology mitigation, and steelhead mitigation shall be implemented. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: During construction MM 4.3.26: After completion of construction activities, the Restoration Plan shall be prepared and implemented. At a minimum, this plan shall include post -construction restoration of the site to pre -construction topography and contours, including: re - contouring to provide for appropriate drainage and soil stability conditions, non- native/invasive exotics control, re-establishment and planting of native riparian species, success criteria, and conditions in the event that post -construction restoration does not attain the goals of the plan. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: Prior to a Certificate of Occupancy Creekside FEIR Mitigation Monitoring Program -14- Impact: The project could result in significant impacts to Steelhead and their habitat due to direct and indirect impacts to Tally Ho Creek. The project may also result in indirect impacts to Arroyo Grande Creek due to construction and post -construction downstream erosion, discharge of sediment, and discharge of other pollutants that could affect downstream habitat. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.3.27: The developer shall enter into formal consultation with the National Marine Fisheries Service (NMFS) regarding potential impacts to steelhead. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timing: Prior to issuance of Grading Permit MM 4.3.28: No removal of riparian or upland trees that provide shade to Tally Ho Creek shall occur. Management shall include planting of native riparian species (i.e., willow, big -leaf maple, cottonwood, etc.) along the creek to provide shade and therefore aid in cooling of the creek. The on-site riparian habitat shall be enhanced to result in a net benefit to Tally Ho Creek. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: During construction MM 4.3.29: To reduce the peak runoff volumes (flashiness) of storm events from the site to the adjacent creeks, the developer shall submit a drainage plan prepared by a qualified hydrologist or civil engineer that demonstrates that the project post -construction run-off rate would not exceed pre -construction run-off rate in a 10- and 100 -year flood event. The following specific provisions shall be included in the drainage plan subject to review and approval by the City Public Works Director, and a Restoration Biologist: • The drainage plan should be devised such that the bench immediately surrounding the project site shall capture and retain roof and patio runoff from the site and prevent uncontrolled surface runoff toward the creek. If a gutter system is inappropriate for restoration, a paved ditch shall be constructed around the foundation facing the creek to collect all runoff and feed it into a storm drain system. • Any increase in impermeable surfaces on the property that would lead to increased surface runoff toward the creek shall be prevented. If the amount of impermeable surfaces is increased, the surfaces shall be paved with porous pavement blocks and the drainage plan shall provide for capture of increased runoff and percolation on the bench without additional overland movement of water toward the creek. Creekside FEIR Mitigation Monitoring Program _15- Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit MM 4.3.30: The developer shall record an open space agreement and twenty-five foot (25') creek easement on the property measured from top of bank. No development shall occur within 25' creek setback area. A trail easement is further required within the setback area. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: Prior to Grading Permit MM 4.3.31: The developer shall plant shrubs, such as native blackberry, adjacent to any trails and/or footpaths to the creek to discourage use of a shortcut path, and revegetate any existing short paths. If feasible, a footpath to the creek shall be established, if approved by the Ca. Department of Fish and Game (CDFG). Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept.; CDFG Timing: Prior to a Certificate of Occupancy 4.4 Cultural Resources Impacts related to the original project included removal of the primary house and warehouse, which were found to be significant and unavoidable even with implementation of required mitigation measures. Because all structures are proposed to remain with the revised project, there are no significant unavoidable impacts to these resources. However, mitigation is required to ensure the long-term preservation of existing structures that are eligible for listing in the California Register as historic resources. Impact: Transfer, lease, or sale of property without adequate and legally enforceable restrictions or conditions to ensure long-term preservation of the property's historic significance. This is a potentially significant impact that can be mitigated to a less -than - significant level with implementation of the following mitigation measure(s). MM 4.4.1 The owner of the property containing the former Loomis residences and grain warehouse shall submit an application to the City's Historic Resources Committee (HRC) to determine if the properties should be registered in the California Register of Historic Places through the State Office of Historic Preservation (OHP) prior to issuance of a discretionary use permit to modify any of the buildings. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Building Dept. Timing: Prior to issuance of Conditional Use Permit Creekside FEIR Mitigation Monitoring Program -16- I 16- 1 Impact: Alteration of an historical resource, including restoration, rehabilitation, repair, maintenance, stabilization, hazardous material remediation, and provision of handicapped access that is potentially not consistent with the Secretary's Rehabilitation Standards and Guidelines (36 CFR part 68) or technical advisories. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.4.2: Alterations to the main house shall comply with the Secretary's Rehabilitation Standards and Guidelines (36 CFR part 68). Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Building Dept. Timing: Prior to issuance of Building Permit MM 4.4.3: The segment of the rail bed on the project site shall be left intact and its alignment identified. If it is not possible to preserve the rail bed, then documentary drawings consistent with accepted industry practice shall be made of this historic feature to provide an archival record of its existence prior to disturbance or removal. Such documentary drawings shall be appropriately labeled and placed in the collection of the regional information center at the University of California, Santa Barbara. The documentary drawings shall be accepted by the Community Development Director prior to submittal to the repository and issuance of any final occupancy for the project. A high- quality, laser or equivalent copy, shall be provided to the Community Development Director for retention in the project file. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Building Dept. Timing: Prior to issuance of a Certificate of Occupancy Impact: Although no prehistoric resources have been found on the project site, the potential for such resources exists. The project has the potential to disturb such resources and result in their loss. This is a potentially significant impact that can be mitigated to a less -than -significant level with the following mitigation measure(s). MM 4.4.4: The following note shall be placed on the grading plans for the project: "In the event that during grading, construction or development of the project, and archeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures." Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit Creekside FEIR Mitigation Monitoring Program - 1 7 - MM 4.4.5: A qualified archaeologist shall be retained to monitor all earth movement (grading) activity. For the purposes of this project, a qualified archaeologist shall meet the qualifications and be registered on the Register of Professional Archaeologists. In the event that prehistoric cultural materials, or historic cultural materials are encountered, work in the immediate vicinity of the finds shall be suspended and the archaeologist allowed to quickly record, collect and analyze any significant resources encountered. Following the field analysis work, the qualified archaeologist shall prepare a final monitoring/mitigation report that includes a description of the methods used, materials recovered, and the results of historic or prehistoric analysis of those materials. The final archaeological monitoring/mitigation report prepared by the qualified archaeologist shall be accepted by the Community Development Director prior to submittal to the repository and issuance of any final occupancy for the project. A high- quality, laser or equivalent copy, shall be provided to the Community Development Director for retention in the project file. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timing: During construction Impact: Introduction of visual, atmospheric or audible elements that diminish the integrity of an historical resource's significant historic features. MM 4.4.6: The Community Development Director shall ensure the project is reviewed through design development and construction documents phases for conformance with the "Design Guidelines and Standards for Historic Districts" (the "Guidelines"). The project site is located in an area of transition from formal commercial to single and multiple family residential areas adjoining an agrarian character, farm -support commercial complex at the northeast edge of the Village Mixed Use district. The project design shall emphasize these transitional and agrarian features, which are reflected in the "existing design elements". These features include barn -like building envelopes with gable roofs and horizontal or vertical cladding. As part of their established responsibilities, the Architectural Review Committee (ARC) shall conduct their own, parallel review for consistency with the Guidelines. No building permit for the project shall be issued for the project until the final design has been reviewed and found to be consistent with the Guidelines in accordance with the process described above. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD Timing: Prior to issuance of a Building Permit 4.5 Geology and Soils The project as revised requires less cut and fill compared to the original project: 590 cubic yards (cy) of cut and 2,870 cy of fill for the revised project vs. 1,264 cy of cut and Creekside FEIR Mitigation Monitoring Program -18- 2,953 cy of fill as originally proposed. Although there is less site disturbance (limited demolition proposed and less grading), the clearing and grading necessary to develop the site as proposed has the potential to cause erosion and sedimentation in local drainages and is therefore subject to mitigation. The site is also located in a seismically active region that necessitates mitigation. Impact: The project site will be subject to severe ground shaking in a strong seismic event, which could cause damage to structures and endanger public safety. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.5.1: A project -specific geotechnical report shall be prepared by a registered geotechnical engineer as required by the City's Grading Ordinance, and the recommendations of that report shall be incorporated in the design and construction of the proposed project. Final improvement plans submitted to the City shall be accompanied by a letter of certification from the geotechnical engineer that the plans are in conformance with the geotechnical report, and the certification shall confirm that the plans include the following: • The project shall be designed to withstand ground shaking associated with a large magnitude earthquake on nearby active faults. • All proposed structures shall be designed to conform to the most recent Uniform Building Code (UBC) Zone 4 guidelines. • The project shall comply with the requirements of the City's Grading Ordinance. Site-specific specifications regarding clearing, site grading and preparation, footings, foundations, slabs -on -grade, site drainage, and pavements or turf block shall be delineated. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit Impact: The project would potentially result in soil instability impacts (including landslides) that could damage structures and endanger public safety. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.5.2: The geotechnical report shall include the following considerations, at a minimum, to ensure that the impacts related to soil instability and landslides are reduced to a less -than -significant level: • Utilities should be designed with as much flexibility as practical to tolerate potential differential movement without becoming disconnected or broken. • Subgrade or base material shall be replaced or covered with suitable base material. Creekside FEIR Mitigation Monitoring Program _19- • Retaining wall design shall be prepared by a qualified structural engineer based on the recommendations of a qualified geotechnical engineer and shall comply with the requirements of the City's Grading Ordinance. • Land with slopes greater than 25% shall not be developed, except as indicated in the approved building and grading permits. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit Impact: The project site will be subject to soil erosion and downstream sedimentation during construction. This is a potentially significant impact that can be mitigated to a less -than -significant level with implementation of the following mitigation measure(s). MM 4.5.3: Prior to Grading Permit for the project, the applicant shall prepare and submit a grading and erosion control plan in compliance with the City's Grading Ordinance for review and approval by the Public Works Department, and a qualified biologist and geohydrologist. The erosion control plan shall be subject to review and approval, and monitoring during construction, by the on-site biologist, geotechnical engineer, and City staff and shall include the following, at a minimum: • Install and maintain silt basins and fences or straw bales along drainage paths during construction to contain on-site soils until bare slopes are vegetated. Carefully stockpile graded soils away from drainages; • Restrict grading and earthwork during the rainy season (October 15 through April 15) and stabilize all exposed soils and graded areas prior to onset of the rainy season through mulching and reseeding. Permit grading within this period only with installation of adequate sediment and erosion control measures; • Delineate and describe the practices to retain sediment on the site, including sediment basins and traps, and a schedule for their maintenance and upkeep; • Delineate and describe the vegetative practices to be used, including types of seeds and fertilizer and their application rates, the type, location and extent of pre-existing and undisturbed vegetation types, and a schedule for maintenance and upkeep; • Estimate of the cost of implementing and maintaining all erosion and sediment control measures; • Revegetate graded slopes with appropriate native plant species (as specified by a qualified botanist or revegetation specialist) immediately upon completion of grading or prior to extended inactivity in any exposed area; • Comply with all applicable City of Arroyo Grande ordinances including landscaping compatibility for erosion control; • Only clear land that will be actively under construction within 6 to 12 months; Creekside FEIR Mitigation Monitoring Program -20- • Stabilize disturbed areas except where active construction is taking place. Examples of stabilization techniques include jute netting, hydro -seeding (using native plant composition in consultation with a qualified biologist or re -vegetation specialist), etc. and provide permanent stabilization during finish grade and landscape the site; • Dispose of all construction waste in designated areas, and keep storm water from flowing on or off these areas; • Divert or intercept storm water before it reached Tally Ho Creek, using temporary dikes, swales, or pipe slope drains to provide for settling of suspended solids and prevention of contamination by construction materials; and • Place perimeter controls where runoff enters or leaves the site prior to clearing, grubbing, and rough grading. Perimeter controls may include dikes, swales, temporary storm drains, sand bags or hay bales. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept.; Consulting biologist and geohydrologist Timing: Prior to issuance of Grading Permit 4.6 Hazardous Materials The project site has been used for agricultural chemical operations for decades. Although remediation occurred in 1986, soil contamination from continued agricultural chemical operations could have occurred, creating unsafe conditions. Because there is no proposed demolition, mitigation measures are not necessary for public safety associated with asbestos and lead paint contained in existing structures. However, naturally occurring asbestos could be present in the soils, requiring precautionary mitigation. Impact: The project site may contain unsafe levels of hazardous materials, which may exceed state action levels and may pose a threat to future construction workers, residents or users at the Creekside Center project site. This is a significant impact that can be reduced to a less -than -significant level with the following mitigation measure(s). MM 4.6.1: Subject to approval by the San Luis Obispo County Environmental Health Department (County Health), the developer shall conduct any necessary soil sampling, risk assessment and remediation, and present evidence to the City of Arroyo Grande that the risk of future exposure of people working, living or using the site is reduced to a level that is acceptable to the relevant resource agencies (County Health, and the California Regional Water Quality Control Board, if requested by County Health). The City shall not issue a grading permit until they receive written verification to demonstrate that the level of risk is acceptable to resource agencies and that the levels of hazardous materials are safe for all proposed site activities. In addition, as requested by the Air Pollution Control District (APCD), the applicant shall adhere to the following requirements: Creekside FEIR Mitigation Monitoring Program -21 - • Storage piles of contaminated material shall be covered at all times except when soil is being added or removed; • Covers on storage piles should be maintained in place at all times in areas not actively involved in soil addition or removal; • Contaminated soil shall be covered with at least six (6) inches of packed uncontaminated soil or other TPH — nonpermeable barrier such as plastic to rp • No head space should be allowed where vapors could accumulate; • Covered piles should be designed in such a way to eliminate erosion due to wind or water; • No openings in the cover are permitted; • During soil excavation, odors should not be evident to such a degree as to cause a public nuisance; and • Clean soils must be segregated from contaminated soil. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept.; County Health; RWQCB; APCD Timing: Prior to issuance of Grading Permit MM 4.6.2: Prior to any grading activities at the site, a geologic evaluation will be necessary to determine if naturally occurring asbestos is present. If naturally occurring asbestos is found at the site, the developer must comply with all requirements outlined in the Asbestos ATCM for construction, Grading, Quarrying, and Surface Mining Operations. These requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan that must be approved by the APCD before construction occurs, and 2) an Asbestos Health and Safety Program for some projects, if requested by the APCD. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept.; APCD Timing: Prior to issuance of Grading Permit 4.7 Hydrology and Water Quality The project is within the City's adopted Federal Flood Insurance Rate Maps (FIRM) and FEMA requirements for floodplain zoning. However, the project site and surrounding lands are subject to inundation during a 100 -year flood due to the insufficient capacity of the Branch Street Culvert. Replacement of this culvert would be a costly regional capital improvement that could not legally be imposed on the project developer solely. An analysis should be made, however, to determine whether structures nearby the site would be flooded due to project activities and whether improvements to the culvert would be necessary to increase the capacity to sufficiently handle a 100 -year storm upon project development. Impact: The project would expose people and structures to a potentially significant risk of loss, injury or death involving flooding, including flooding of the Tally Ho Creek due to project improvements in combination with insufficiency of the culvert under Branch Street Creekside FEIR Mitigation Monitoring Program -22- to be able to pass the 100 -year flood event. This is a significant impact that can be reduced to a less -than -significant level with the following mitigation measure(s). MM 4.7.1: A qualified civil engineer shall prepare and submit a project -specific flooding/drainage study to demonstrate that the project has appropriate flood design subject to review and approval by the City prior to approval of a grading permit for the project. The project shall meet these standards at the time of site development, including the following criteria within the floodplain: All new structures shall have finish floors elevated at least one foot over the level of the 100 -year flood or the structures must be flood -proofed to a level at least one foot over the level of the 100 -year flood; • Structures located within the flood plain must be capable of withstanding the hydrodynamic and hydrostatic loads (including buoyancy) caused by the 100 -year flood at the site; • The development must not cause a rise of over one foot in the level of the 100 -year flood at any off-site location; • Any new development must be located beyond the riparian setback designated in City Codes; • Affected structures shall be flood proofed and certified as provided for in Ordinance No. 501; and Flood proofing at doorway openings should utilize floodgate barriers and flood proof membranes should be integrated into the structural design. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit Impact: Future construction activities and post -construction uses at the site could result in degradation of water quality in nearby surface and ground water bodies through surface runoff, and infiltration to ground water, and may indirectly cause impacts on the riparian values of the downstream waterbodies and sensitive species. This is a significant impact that can be reduced to a less -than -significant level with the following mitigation measure(s). MM 4.7.2: The developer shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and an Erosion Control Plan (as required by MM 4.5.3) and submit them to the City for review and approval Prior to Grading Permit. The SWPPP shall include Best Management Practices for construction and post -construction activities to control runoff volumes and rates, and erosion, and to prevent discharge of pollutants to Tally Ho Creek. When pavement is removed, uncovered site soils shall be further tested for possible contaminants. Specific Best Management Practices to be implemented shall be developed based on site-specific analysis of the optimum pollution control methodology and shall include, at a minimum, the requirements set forth in MM 4.5.3, measures identified in the Biological Resources section, and the following: • The drainage plan shall demonstrate that existing local and downstream hydrological conditions would not be significantly impacted with Creekside FOR Mitigation Monitoring Program -23- implementation of the proposed project such that new bank erosion would result due to project improvements. • The applicant's drainage plan shall demonstrate that after construction has been completed and the site permanently stabilized, the post development average annual total suspended solids (TSS) loadings from the site are reduced by 80% compared to predevelopment loadings with pollution control measures. • Use one or more of the following best management practices to control urban runoff: infiltration trenches, concrete grid pavement, vegetated filter strips, water quality inlet catch basins with sand filter, or other appropriate practices using guidance from the RWQCB, US EPA, or other agency with water quality regulatory authority. A good source of information on best management practices can be found in "National Management Measures Guidance to Control Nonpoint Source Pollution from Urban Areas: (U.S. Environmental Protection Agency, July 2002). • The plans and specifications for the construction contract shall require that best management practices be implemented throughout construction. The City of Arroyo Grande shall inspect the project site during construction and verify that the construction contractor is implementing the proper erosion and water quality protection measures. The applicants shall implement the following water quality control and protection measures during construction: - Performing major vehicle maintenance, repair jobs and equipment washing off site; - Maintaining all vehicles and heavy equipment and inspecting frequently for leaks; - Designating one area of the construction site, well away from streams or storm drain outlets, for auto and equipment parking and routine vehicle and equipment maintenance; - Cleaning -up spilled dry materials immediately. Do not "wash them away" with water, or bury them; - Using only minimal water for dust control; - Cleaning -up liquid spills on paved or impermeable surfaces using "dry" cleanup methods (i.e., absorbent materials, cat letter, and/or rags); - Cleaning -up soils on dirt areas by removing and properly disposing of contaminated soil; - Reporting significant spills to the appropriate spill response agencies; - Storing stockpiled material, wastes, containers and dumpsters under a temporary roof or secured plastic sheeting; - Properly storing containers of paints, chemicals, solvents and other hazardous materials in garages or sheds with double containment during rainy periods; - Placing dumpsters under roofs or covering them with plastic sheeting at the end of each work day and during rainy weather; - Washing out concrete mixers only in designated washout areas where the water will flow into setting ponds or onto stockpiles of aggregate base or sand. Whenever possible, recycling washout by Creekside FOR Mitigation Monitoring Program -24- pumping back into mixers for reuse. Never dispose of washout into the street, storm drains, drainage ditches, or streams; - Applying concrete, asphalt and seal coat during dry weather. Keeping contaminants from fresh concrete and asphalt out of the storm drains, creeks, by scheduling paving jobs during periods of dry weather, allowing new pavement to cure before storm water flows across it; - Covering catch basins and manholes when applying seal coat, slurry seal, fog seal, etc.; and Always parking paving equipment over drip pans or absorbent materials, since they tend to drip continuously. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Grading Permit 4.8 Land Use and Planning The project is consistent with the policies and standards of Land Use Element of the 2001 General Plan, the Village Mixed Use District Development Code, and Design Guidelines for Historic Districts. There are no significant land use related impacts, and no mitigation measures are necessary. 4.9 Noise Existing ambient noise in the vicinity of the project site is primarily generated by traffic. The project will generate a short-term noise impact with construction activities. Long- term increases in traffic and other operational noise levels are considered less -than - significant impacts and no mitigation measures are necessary. Impact: Existing residences in the project area would be exposed to short-term noise impacts during construction. This is a significant impact that can be reduced to a less - than -significant level with the following mitigation measure(s). MM 4.9.1: Construction activities shall be restricted to the hours of 8:OOAM to 5:00 PM Monday through Friday. There shall be no construction activities on Saturday or Sunday. Equipment maintenance and servicing shall be confined to the same hours. MM 4.9.2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. MM 4.9.3: Equipment mobilization areas, water tanks, and equipment storage areas shall be placed in a central location as far from existing residences as feasible. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept. Timing: During construction Creekside FEIR Mitigation Monitoring Program -25- 4.10 Public Services and Utilities Public services and utilities serving the project vicinity include police and fire protection, emergency response, schools and libraries, parks and recreation, utilities and solid waste disposal. Impacts to these services resulting from the project are less than significant and no mitigation measures are necessary. 4.11 Water and Wastewater Wastewater disposal is not considered a significant impact and existing facilities can handle the increased project demand. Cumulative water supply impacts are considered significant but mitigable with implementation of mitigation measures. Impact: Development of the proposed project would require water for both domestic use and landscape irrigation. Water consumption by this project would further reduce the City's remaining supply of available water. This impact will be minimized by mitigation measures, including using water -conserving designs, fixtures and landscaping. The following mitigation shall be required to reduce impacts to a less -than -significant level. MM 4.11.1: The project shall comply with the City's required water conservation measures including any applicable measures identified in any applicable City Water Conservation Plans. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Public Works Dept. Timing: Prior to issuance of Building Permit MM 4.11.2: The project shall install best available technology for low -flow toilets, showerheads and hot water recirculation systems. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande —Building Dept. Timing: Prior to issuance of a Certificate of Occupancy MM 4.11.3: The final landscape plan shall show low-water use/drought resistant species and drip irrigation systems rather than spray irrigation systems. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande — Parks, Recreation and Facilities Dept. Timing: Prior to issuance of Building Permit MM 4.11.4: The project plans shall include methods for collecting surface run-off from the site for use on landscaped areas to reduce water use and minimize run-off to the extent feasible. Mitigation Level: Less -than -significant Responsible Party: Developer Monitoring Agency: City of Arroyo Grande —Public Works Dept. Timing: Prior to issuance of Building Permit Creekside FEIR Mitigation Monitoring Program -26-