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PC R 05-1965RESOLUTION NO. 05-1965 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION AND APPROVE DEVELOPMENT CODE AMENDMENT CASE NO. 05-008, TO REZONE THE 2.68 ACRE SITE FROM OFFICE MIXED USE (OMU) TO PLANNED DEVELOPMENT 1.1 (P.D.-1.1); APPROVE TENTATIVE PARCEL MAP 05-003, TO CREATE TWO PARCELS; AND APPROVE SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT CASE NO. 04- 009, ALLOWING THE CONSTRUCTION OF A HOTEL AND RESTAURANT; LOCATED AT 1.400 WEST BRANCH STREET, APPLIED FOR BY STEPHEN COOL AND GARY WHITE WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Development Code Amendment Case No. 05-008 to rezone the 2.68 acre site from Office Mixed Use to Planned Development 1.1; and WHEREAS, adoption of the zoning would establish flexible land use, development and design standards which would allow for superior design and development of a hotel and restaurant on this sloping, highway accessible and highly visible parcel; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Tentative Parcel Map Case No. 05-003 and Specific Development Plan / Conditional Use Permit Case No. 04-009 filed by Stephen Cool and Gary White, to create two parcels and construct a 104 room hotel consisting of 60,323 square feet and a 6,000 square foot restaurant on a 2.68 acre site; and WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the proposed Development Code Amendment, Tentative Parcel Map and Specific Development Plan / Conditional Use Permit, at a duly noticed public hearing on May 17, 2005, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the Planning Commission has reviewed and considered the information and public testimony presented at the public hearing, staff report, and all other information and documents that are part of the public record; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Ar�oyo Grande Rules and Procedures for Implementation of CEQA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Development Code Amendment: 1. Based on the information contained in the staff report and accompanying materials, the proposed Development Code Amendment amending the Zoning RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 2 Map for the property from OMU to P.D.-1.1 is consistent with the goals, objectives, policies, plans, programs, intent, and requirements of the General Plan. 2. The proposed project will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern since it conforms to all applicable provisions of the Municipal Code and is subject to mitigation measures as presented in the associated Mitigated Negative Declaration. 3. The proposed project is consistent with the purpose and intent of the Development Code and conforms to all applicable development standards for commercial developments within the PD-1.1 zoning district. 4. The potential environmental impacts of the proposed project may be significant but can be mitigated to a less than significant level as documented in the associated Mitigated Negative Declaration. FINDINGS FOR APPROVAL Tentative Parcel Map 1. The proposed tentative parcel map is consistent with goals, objectives, policies, plans, programs, intent and requirements of the Arroyo Grande General Plan, as well as any applicable Specific Plan, and the requirements of this title. 2. The site is physically suitable for the type of development proposed due to the property being 2.68 acres in size and consists of moderately sloping topography. 3. The site is physically suitable for the proposed density of development due to the size of the property and the character of surrounding development and existing and planned infrastructure. 4. The design of the tentative parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat as documented in the Initial Study and Mitigated Negative Declaration. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems due to the project's compliance with all applicable design standards of the Municipal Code. 6. The design of the tentative parcel 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 parcel 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 as prescribed by Division 7(commencing with Section 13000) of the California Water Code. �- �� � RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 3 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative parcel map to support project development and have been documented in the Initial Study, Mitigated Negative Declaration and associated engineering and traffic study. FINDINGS FOR APPROVAL Specific Development Plan / Conditional Use Permit Findings: 1. The proposed use is permitted within the Office Mixed Use (OMU) and/or Planned Development PD-1.1 districts pursuant to the provisions of Section 16.16.050 of the Municipal Code, and will, through conditions of approval, comply with all applicable provisions of the Municipal Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed hotel and restaurant is similar to and compatible with surrounding uses. 3. The site is suitable for proposed because all the would be provided. the type and intensity of use or development that is necessary easements, circulation, parking and setbacks 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety as documented in the Initial Study, Mitigated Negative Declaration and associated engineering and traffic study. 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts as determined through the development and implementation of the Mitigated Negative Declaration. Required CEQA Findings: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the California Environmental Quality Act (CEQA), for Specific Development Plan / Conditional Use Permit No. 04-008. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission recommends the City Council adopts a Mitigated Negative Declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Planning Commission finds that said Mitigated Negative RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 4 Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council adopt a Mitigated Negative Declaration and approve Development Code Amendment Case No. 05-008, to rezone the 2.68 acre s�te from Office Mixed Use (OMU) to Planned Development 1.1 (P.D.-1.1); approve Tentative Parcel Map 05-003, to create two parcels; and approve Specific Development Plan / Conditional Use Permit Case No. 04-009, allowing the construction of a hotel and restaurant; located at 1400 West Branch Street, applied for by Stephen Cool and Gary White with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Commissioner Fellows, seconded by Commissioner Parker, and by the following roll call vote, to wit: AYES: Commissioners Fellows, Parker, Tait and Vice Chair Keen NOES: None ABSENT: Chair Brown the foregoing Resolution was adopted this 17� day of May 2005. ---, I RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 5 ATTEST: KATHY M DOZA, SECRETARY TO THE COMMISSION AS TO CQNTE COMMUNITY D�VELOFIMENT DIRECTOR � HN KEE CE CHAIR RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 6 EXHIBIT "A" CONDITIONS OF APPROVAL DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 1400 West Branch Street Stephen Cool and Gary White COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS This approval authorizes the construction of a 104-room hotel consisting of 60,323 square feet and a 6,000 square foot restaurant of which 3,000 square feet is accessible by the public. 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 Specific Development Plan / Conditional Use Permit No. 04-009. 3. This application shall automatically expire on June 14, 2007 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the Planning Commission at the meeting of May 17, 2005 and marked Attachment 7. 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. DEVELOPMENT CODE 6. Development shall conform to the PD-1.1 zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60. RESOLUTION, NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 7 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. NOISE 9. Construction shall be limited to between the hours of 7 a.m. and 5 p.m. Monday through Friday for noise and inspection purposes. LIGHTING 10. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties or nearby residences. WATER 11. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow shower heads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to occupancy. SOLID WASTE 12. Trash enclosures shall be screened from public appropriate screening materials, and s�all be complements the architectural features of the m area shall accommodate recycling container(s). PRIOR TO ISSUING A BUILDING PERMIT: view with landscaping or other made of an exterior finish that ain building. The trash enclosure 13. Final design of trash enclosures shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. 14. A landscaping and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development Department and the Parks, Recreation & Facilities Department. The landscaping plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: (1) Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; (2) Water conservation practices 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) An automated irrigation system. RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 8 (4) The selection of groundcover plant species shall include native plants. (5) Linear planters shall be provided in the parking area. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 15. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". ARCHITECTURAL REVIEW COMMITTEE (ARC) 16. Final building colors, details, materials and landscaping plan shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. This approval is for mass, scale and site layout only. 17. The developer shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 18. All electrical panel boxes shall be installed inside the building. 19. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view behind the parapets, or with materials architecturally compatible with the main structure. 20. All parking spaces shall be paved and striped per City standards. 21. All landscaping must be installed. PARKS AND RECREATION DEPARTMENT CONDITIONS GENERAL CONDITIONS 22. The applicant shall comply with the provisions of Ordinance No. 521, the Community Tree Ordinance. 23. The applicant shall supply a landscape/tree preservation plan, subject to approval by the Director of Parks, Recreation and Facilities and the Community Development Director. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 24. Linear root barriers shall be used at the front of the project to protect the RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 9 sidewalks. 25. All street front trees shall be 24-inch box. POLICE DEPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 26. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 27. The applicant shall install a security system per Police Department guidelines, and pay the Police Department alarm permit application fee. 28. The applicant shall post handicapped parking, per Police Department requirements. BUILDING AND FIRE DEPARTMENT GENERAL CONDITIONS 29. 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. 30 31. 32 The project shall provide complete compliance with State and Federal disabled access requirements to the public right-of-way. The project shall have a fire flow of 1,700 gallons per minute for a duration of four (4) hours. Any review costs generated by outside consultants shall be paid by the applicant. PRIOR TO ISSUING A BUILDING PERMIT: 33. � The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. County Health Department approval is required for food service occupancies. 35. The applicant shall pay water meter, service main, distribution, and availability fees, to be based on codes and rates in effect at the time of building permit issuance. 36. The applicant shall pay the Water Neutralization fee, to be based on codes and rates in effect at the time of building permit issuance. RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 10 37. The applicant shall pay the Traffic Impact fee, to be based on codes and rates in effect at the time of building permit issuance. 38. The applicant shall pay the Traffic Signalization fee, to be based on codes and rates in effect at the time of building permit issuance, offset by the cost of signalization improvement plans prepared for Camino Mercado and West Branch Street. 39. .� The applicant shall pay the Sewer hook-up & facility Permit fees, to be based on codes and rates in effect at the time of building permit issuance. The applicant shall pay the Building Permit fees, to be based on codes and rates in effect at the time of building permit issuance. 41. The applicant shall pay the Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and rates in effect at the time of building permit issuance in accordance with State mandate. !Ya 43 The applicant shall pay the Fire Protection fee, to be based on codes and rates in effect at the time of building permit issuance. The applicant shall pay the Police Facilities fee, to be based on codes and rates in effect at the time of building permit issuance. PRIOR TO OCCUPANCY: 44. 45. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 46. An opticom traffic signal pre-emption device shall be installed that meets Building and Fire Department requirements at the new signal at Camino Mercado and West Branch Street. PUBLIC WORKS DEPARTMENT All Public Works Department conditions of approval as listed below are to be complied with prior to recording the map, unless specifically noted otherwise. ENERAL CONDITIONS 47. 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. 48. Perform construction activities during normal business hours (Monday through RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 11 Friday, 7 A.M. to 5 P.M., except City holidays) for noise and inspection purposes. The developer or contractor shall refrain from performing any work other than site maintenance outside of these hours, unless an emergency arises or approved by the Director of Public Works. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours requiring City inspection. IMPROVEMENT PLANS 49. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 50. Submit four (4) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 51. Submit as-built plans at the completion of the project or improv�ments 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. 52. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: ■ Grading, drainage and erosion control, ■ Street paving, curb, gutter and sidewalk, ■ Public utilities, ■ Water and sewer, ■ Landscaping and irrigation, ■ Any other improvements as required by the Director of Public Works, 53. The site plan shall include the following: ■ The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. ■ The location, quantity and size of all existing and proposed sewer laterals. ■ The location, size and orientation of all trash enclosures. ■ All existing and proposed parcel lines and easements crossing the property. ■ The location and dimension of all existing and proposed paved areas. ■ The location of all existing and proposed public or private utilities. 54. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 55. Landscape and irrigation plans are required for landscaping within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. In addition, The Director of Public Works shall approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. WATER 56. The applicant shall loop a water main through the site and connect to the water RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 12 main underneath West Branch Street and the water main underneath Camino Mercado, 57. All on-site water mains and fire hydrants shall be public. The applicant shall dedicate the appropriate easements to the City. The easement shall be a minimum 15' wide, 58. The applicant shall install fire hydrants along Camino Mercado, West Branch, and on site to the satisfaction of the Director of Public Works and the Fire Chief, 59. The applicant shall install a double detector check valve with fire department connection to serve the fire sprinkler system. The location shall be subject to the approval of the Fire Chief, 60. 61. 62. 63. Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. The hotel and restaurant buildings shall have separate water meters. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: ■ 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, ■ The applicant may pay an in lieu fee of $2,200 for each new residential unit equivalent. SEWER 64. Each parcel shall be provided a separate sewer lateral. 65. 66. 67. 68. 69. 70. 71. All sewer mains shall be a minimum 8" in diameter with a minimum slope of .5%, All sewer laterals within the public right of way must have a minimum slope of 2%. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. Obtain approval from the South County Sanitation District for the development's impact to District facilities prior to final recordation of the map. The applicant shall extend a public sewer main on-site from the sewer main underneath Camino Mercado. This sewer main shall connect at a manhole. The applicant shall dedicate the appropriate easements to the City. The easements shall be a minimum 15' wide. r � RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 13 72. The applicant shall obtain a will serve letter from the South San Luis Obispo County Sanitation District prior to applying for a building or grading permit. SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT CONDITIONS OF APPROVAL 73. The developer shall be required to mitigate the impacts on the trunk sewer line by contributing to the installation of a new trunk replacement line or providing a relief line. PUBLIC UTILITIES 74 75 � Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. Underground improvements shall be installed prior to street paving. The applicant shall have obtained all utility company signatures on the improvement plans prior to the final submittal, 77. 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. 78. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 79. 80. 81. 82. 83. The applicant shall overlay West Branch Street from gutter to gutter across the project frontage, The applicant shall overlay Camino Mercado from gutter to gutter across the project frontage, All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and filled with epoxy. All street repairs shall be constructed to City standards. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3" of asphalt and 6" of Class II AB. CURB, GUTTER, AND SIDEWALK 84. 85. 86. 87. 88. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk. The driveways shall adhere to all applicable City standards, Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. The applicant shall remove and replace any cracked or broken curb, gutter and sidewalk along the Camino Mercado frontage, The applicant shall remove and replace any cracked or broken curb and gutter along the West Branch frontage, RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 14 :• .� 91. The applicant shall install sidewalk along the West Branch frontage, The applicant shall install a wheelchair ramp at the northeast corner of Camino Mercado and West Branch, The applicant shall remove and replace the spandrel at the northeast corner of Camino Mercado and West Branch, GRADING 92. Perform all grading in conformance with the City Grading Ordinance. 93. Submit an updated preliminary soils report to the soils report prepared for the previous project. All earthwork design and grading shall be performed in accordance with the approved soils report. 94. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. 95. The improvement plans shall be subject to the review of the Coastal San Luis Resource Conservation District. The applicant shall reimburse the City for the review by the Coastal San Luis Resource Conservation District. 96. The applicant shall obtain a WDID No. from the Regional Water Quality Control Board prior to issuance of a grading permit, EROSION CONTROL : The applicant shall prepare an erosion control plan for review and approval prior to issuance of a grading permit, The applicant shall obtain a WDID No. from the Regional Water Quality Control Board prior to issuance of a grading permit, DRAINAGE 99. 100 101 All drainage facilities shall be designed to accommodate a 100-year storm flow. All drainage facilities shall be in accordance with the Drainage Master Plan. The project is in Drainage Zone "C" and may drain to the creek through city facilities. 102. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on- site retention basins, to the satisfaction of the Director of Public Works. 103 104 All storm water drainage will be filtered prior to entering City facilities. All storm water drainage will be conveyed through pipes to the City storm drain system. 105. The applicant shall replace both drop inlets along the project frontage with Camino Mercado with new City standard drop inlets. 106 107 The applicant shall remove the existing standpipe drain on-site. All storm water drainage facilities will either: RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 15 ■ Connect to the storm drainage facilities underneath Camino Mercado, or ■ Extend the storm drain system from in front of K-Mart to the site and connect the on site drainage to this system, DEDICATIONS AND EASEMENTS 108. All easements, abandonments, or similar documents to be recorded as a separate document, 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. 109. 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. 110. Easements shall be dedicated to the public by separate document approved by the City, for the following: ■ 15' sewer easement for the extension of the sewer main onto the site, ■ 15' water easement for the water main to be looped through the site. The easement shall entail any on-site fire hydrants, PERMITS 111. Obtain an encroachment permit prior to performing any of the following: ■ Performing work in the City right of way, ■ Staging work in the City right of way, ■ Stockpiling material in the City right of way, ■ Storing equipment in the City right of way. 112. Obtain a grading permit prior to commencement of any grading operations on site. FEES 113. Pay all required City fees at the time they are due. 114. Fees to be paid prior to plan approval: ■ Plan check for grading plans based on an approved earthwork estimate, ■ Plan check for improvement plans based on an approved construction cost estimate, ■ Permit Fee for grading plans based on an approved earthwork estimate, ■ Inspection fee of the improvements based on an approved construction cost estimate, 115. The applicant shall reimburse the City for the plan check fees for the previous project approved for the site, AGREEMENTS 116. Inspection Agreement: Prior to approval of an improvement plan, the applicant RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 16 shall enter into an agreement with the City for inspection of the required improvements. 117. Improvement Agreement: The applicant shall enter into an improvement agreement for the completion and guarantee of improvements required. The improvement agreement shall be on a form acceptable to the City. IMPROVEMENT SECURITIES 118. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 119. Submit an engineer's estimate of quantities for improvements for review by the Director of Public Works. 120. Provide financial security for the following, to be based upon a construction cost estimate approved by the Director of Public Works: ■ Faithful Performance: 100% of the approved estimated cost of all required improvements, ■ Labor and Materials: 50% of the approved estimated cost of all required improvements, ■ One Year Guarantee: 10°/a of the approved estimated cost of all required improvements. This security is required prior to acceptance of the improvements. PRIOR TO ISSUING A BUILDING PERMIT 121. The improvement plans shall be approved with all pertinent conditions of approval satisfied. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 122 123 All utilities shall be operational. All improvements shall be fully constructed and accepted by the City. MITIGATION MEASURES: A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification in writing by the monitoring department or agency that the mitigation measures have been implemented. MITIGATION MEASURES 1. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing an individual water program that utilizes fixtures RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 17 and designs that minimize water usage. 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 for approval prior to implementation; or, Payment of an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Timeframe: Prior to issuance of building permit 2. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, low flow showerheads, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 3. The hotel shall participate in the "Project Planet Linens and Towels Reuse Program" or a similar program in scope and conservation of water and energy. Monitoring: Review of individual water program Responsible Department: Community Development Department Timeframe: Prior to issuance of Certificate of Occupancy 4. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit 5. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on-site retention basins to the satisfaction of the Director of Public Works. RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 18 Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 6. 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. 7. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 8. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 9. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. 10. 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 231 14. (This measure has the potential to reduce PM 10 emissions from this source by 7— 14%). 11. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. (This measure has the potential to reduce PM 10 emissions from this source by 40 — 70%). 12. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. (This measure has the potential to reduce PM, emissions from this source by 25 — 60°/a►. For Mitigation Measures No. 6— 12: Monitoring: Review of grading and building plans and site inspections RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 19 Responsible Department: The Public Works and Building and Fire Departments shall inspect plans and spot check in the field Timeframe: Prior to issuance of grading permit and during construction 13. Occupancy of the project will not be allowed until installation of a traffic signal at the intersection of Camino Mercado and West Branch Street Monitoring: Monitor installation of the traffic signal Responsible Department: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy 14. The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Building & Fire Department Timeframe: Prior to issuance of building permit 15. The applicant shall retain an arborist during the grading and construction phases of the project to ensure tree protection measures are implemented. The recommendations outlined in the arborist report prepared for the project shall be followed. Monitoring: Field inspection Responsible Department: Parks & Recreation, Community Development Departments Timeframe: During grading and construction 16. Protective fencing shall be installed around each tree to remain at the dripline, or as directed in the field by the arborist. The fencing shall be installed prior to any site clearing or grading activities, and shall remain in place until construction is complete, including landscaping. The fence shall be a minimum of 4' tall and supported by stakes at least every 10' on center. Weatherproof signs shall be permanently posted on the fences, stating the following: RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 20 Tree Protection Zone No personnel, equipment, materials, or vehicles are allowed Do Not move or remove this fence [Name of arborist or consultant] [Name and phone number of developer or general contractor] The Arborist of Record shall inspect the site prior to the start of any construction activities to determine that adequate tree protection measures have been implemented. Monitoring: Field inspection Responsible Department: Parks & Recreation, Community Development Departments Timeframe: Prior to issuance of grading permit 17. The arborist shall mark all trees to be removed with either colored ribbon or paint. Transplant trees per arborist's direction prior to site grading. Monitoring: Field inspection Responsible Department: Parks & Recreation, Community Development Departments Timeframe: Prior to issuance of grading permit 18. The applicant shall submit written reports prepared and signed by the arborist stating that all tree protection measures have been met per the International Society of Arboriculture (ISA) Guidelines. Monitoring: Review of reports Responsible Department: Parks & Recreation, Community Development Departments Timeframe: Reports filed on a monthly basis commencing after issuance of grading permit 19. Removal of the selection at a 3:1 on-site. oak trees shall be replaced in-kind or to City ratio with a minimum size of a 24" box planted Monitoring: Review landscape plans/Field RESOLUTION NO. 05-1965 DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003 AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04-009 PAGE 21 inspection Responsible Department: Parks & Recreation Department Timeframe: Prior to occupancy 20. Occupancy shall not be granted until the upgrade of Lift Station No. 1 is complete. Monitoring: Monitor improvements to Lift Station 1 Responsible Department: Public Works Department Timeframe: Prior to final occupancy 21. The applicant shall pay the proportionate share of the impacts to the EI Camino Real Sewer upgrade and Walnut Street Sewer Upgrade. Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Timeframe: Prior to issuance of grading permit 22. The following note shall be placed on the grading and improvement 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." Monitoring: Responsible Department: Timeframe: Construction plans shall be reviewed prior to issuance of a grading permit to ensure the note is in place. Public Works Department Prior to issuance of grading permit Additional Conditions 1. Prior to Certificate of Occupancy the applicants shall develop a parking, access, and maintenance agreement acceptable to the Director of Community Development and the Director of Public Works. RESOLUTION NO. 05-1965 DE\ DE\ PA( !