PC R 04-1946RESOLUTIOId NO. 04-1946
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT A
MITIGATED NEGATIVE DECLARATION, INSTRUCT THE COMMISSION
CLERK TO FILE A NOTICE OF DETERMINATION, AND APPROVE
CONDITIONAL USE PERMIT CASE NO. 04-005, LOCATED AT 101
TRAFFIC WAY, APPLIED FOR BY JOHN ROBASCIOTTI
WHEREAS, the Planning Commission of the City of Arroyo Grande has considered an
application for Conditional Use Permit Case No. 04-005, filed by John Robasciotti, to
construct a 3,706 square foot mixed-use building with two commercial units, three office
units and a residential unit; and
WHEREAS, the Planning Commission has held a public hearing on this application. in
accordance with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the Planning Commission has reviewed this project in compliance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo
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
Conditional Use Permit Findings:
1. The proposed use is permitted within the Village Core Downtown (VCD) district
pursuant to Section 16.16.050 of the Development Code, and complies with all
applicable provisions of the Development Code, the goals and objectives of the
Arroyo Grande General Plan, and the development policies and standards of the
City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and setbacks
would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity because the
proposed project would not create adverse environmental impacts.
RESOLUTION NO. 04-1946
PAGE 2
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
Conditional Use Permit Case No. 04-005.
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 adopts a 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 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 that the City Council adopt a Mitigated Negative
Declaration, instructs the Commission Clerk to file a Notice of Determination, and
approves Conditional Use Permit Case No. 04-005, 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 Keen, seconded by Commissioner Fowler, and by the
following roll call vote, to wit:
AYES: Commissioners Keen, Fowler & Vice Chair Brown
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 7 day of December 2004.
ATTEST:
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LY REARDON-SMITH, TIM BROWN, VICE CHAIR
SECRETARY TO THE COMMISSION
AS TO CONTENT:
ROB STRONG,
COMMUNITY DEVELO�M NT DIRECTOR
RESOLUTION NO. 04-1946
PAGE 3
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EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 04005
ROBASCIOTTI BUILDING
101 TRAFFIC WAY
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This approval authorizes the construction of a 3,706 square foot mixed-use building with
two commercial units, three office units and a residential unit.
1. The applicant shall ascertain and complj� with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 04-005.
3. This application shall automatically expire on December 7, 2006 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 December 7, 2004 and marked
Exhibits "B1."
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.
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6. Development shall conform to the Village Core Downtown (VCD) zoning
requirements except as otherwise approved.
7. Signage shall be subject to the requirements of Development Code Chapter 16.60
and conditions of approval for a Planned Sign Program to be considered in the
future.
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
RESOLUTION NO. 04-1946
PAGE 4
development plans except as specifically modified by these conditions.
NOISE
9. Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday
through Friday, and between 8 a.m. and 5 p.m. on Saturday and Sunday.
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10. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
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11. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed prior to final occupancy.
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12. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be
screened from public view with landscaping or other appropriate screening
materials, and shall be made of masonry or concrete with an exterior finish that
complements the architectural features of the main building. The trash enclosure
area shall accommodate recycling container(s).
13. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not
be allowed within the enclosure.
PRIOR TO ISSUING A BUILDING PERMIT:
14. The applicant shall submit an exterior lighting (photometric) plan for parking area
lighting.
15. 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 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 tandscaping 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;
RESOLUTION NO. 04-1946
PAGE 5
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.
4. The selection of groundcover plant species shall include native plants.
5. Linear planters shall be provided in the parking area.
6. Street trees shall be a minimum of 24"-box size.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
16. 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".
17. All electrical panel boxes shall be installed inside the building.
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18. 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.
19. The canvas awning over west elevation shall not be stretched taught and shall
have a loose valance. The metal over eyebrows shall be similar corrugated metal
to Historical Society's Barn.
PRIOR TO ISSUING A BUILDING PERMIT:
20. Prior to issuance of Building Permit the applicant shall return with sample of
actual stone veneer and a sample of split-face rock.
21. Prior to issuance of Building Permit the applicant shall return with painted hardy
plank (green color paint needs to be grayer than sample presented at the
November 1, 2004 ARC meeting).
22. Individual tenent signs must be reviewed by the ARC.
23. The applicant shall return to the ARC with a planting plan.
24. The applicant shall provide evidence of two (2) off-site parking spaces secured
by agreement acceptable to the Community Development Director, City Attorney
and subject to recordation, OR participate in the Village Parking and Business
Improvement District and pay established in-lieu fees for 2.2 public parking
spaces
RESOLUTION NO. 04-1946
PAGE 6
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PRIOR TO ISSUING A BUILDING PERMIT:
25. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
26. The applicant shall post handicapped parking, per Police Department
requirements.
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Project shall have a fire flow of 1,500 gallons per minute for a duration of two (2)
hours.
Prior to occupancy, fire hydrants shall be installed, per Fire Department and
Public Works Department standards.
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29. Prior to occupancy applicant must provide an approved "security key vault," per
Building and Fire Department guidelines.
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Prior to occupancy all buildings must be fully sprinkler�d per Building and Fire
Department guidelines.
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An opticom traffic signal pre-emption device shall be installed that meets Building
and Fire Department requirements at (Branch and Freeway 101).
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33. Prior to issuance of a grading, permit or building permit, whichever occurs
first, applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
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34. Prior to issuance of a building permit, a demolition permit must be applied for,
approved and issued. Development fees resulting from demolition will be
appropriately credited to the property.
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RESOLUTION NO. 04-1946
PAGE 7
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35. Prior to issuance of a building permit, County Air Pollution Control Board
approval is required for a Demolition Permit.
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Water Meter, service main, distribution, and availability fees, to be based on
codes and rates in effect at the time of building permit issuance.
Water Neutralization fee, to be based on codes and rates in effect at the time of
building permit issuance.
Traffic Impact fee, to be based on codes and rates in effect at the time of
building permit issuance.
Traffic Signalization fee, to be based on codes and rates in effect at the time of
building permit issuance.
Sewer hook-up & facility Permit fees, to be based on codes and rates in effect
at the time of building permit issuance.
Building Permit fees, to be based on codes and rates in effect at the time of
building permit issuance.
42. 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.
43. Park Development fee, to be based on codes and rates in effect at the time of
building permit issuance.
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Park Improvements fee, to be based on codes and rates in effect at the time of
building permit issuance.
Street Tree fees, to be based on codes and rates in effect at the time of building
permit issuance.
Fire Protection fee, to be based on codes and rates in effect at the time of
building permit issuance.
Police Facilities fee, to be based on codes and rates in effect at the time of
building permit issuance.
Affordable Housing in lieu fee, as conditioned for this project.
RESOLUTION NO. 04-1946
PAGE 8
�PEGIAL GONDITIONS/GOMMENTS
49. Prior to building permit a Revocable Encroachment Permit that is acceptable to the
City Attorney must be established over the Public Right of Way for Disabled
Access and for the development of landscaping, parking spaces and the outdoor
patio/building entrance. The agreement shall require the applicant to provide
replacement disabled access on-site and either in-lieu or off-site parking
acceptable to the Community Development Director in accordance with City Code
provisions.
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50. 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.
51. Perform construction activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M.) 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.
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All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
Submit three (3) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
54. 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.
55. 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
56. 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.
RESOLUTION NO. 04-1946
PAGE 9
57.
The location and dimension of all existing and proposed paved areas.
The location of all existing and proposed public or private utilities.
Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
58. 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.
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Construction water is available at the corporate yard. The City of Arroyo Grande
does not allow the use of hydrant 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.
Each building shall have separate water meters.
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.
The applicant shall install fire hydrants along the project frontage in accordance
with Public Works Department and Fire Department guidelines.
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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 impacts to district
facilities.
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68. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
69. 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.
RESOLUTION NO. 04-1946
PAGE 10
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Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
The applicant shall have the public utility companies sign the improvement plans
prior to approval.
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1RB, GLITTER�AND SIDEWALK
75. Remove and replace any cracked or broken curb, gutter and sidewalk.
76. Install curb, gutter and sidewalk along the Traffic Way frontage where sidewalk
currently does not exist.
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.
77. Remove and replace the existing wheelchair ramp at the south east corner of
Traffic Way and East Branch Street if it does not meet current ADA and city
standard.
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Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
The applicant shall red curb those portions of the curb in front of fire hydrants.
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GRADING
81. Perform all grading in conformance with the City Grading Ordinance.
82. 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.
83. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
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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 "B". Storm water runoff may be directed to the
creek.
Drop inlets shall include filters and design of outlet to creek shall be acceptable
to Public Works and Department of Fish & Game.
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88. All easements, abandonments, or similar documents to be recorded as a
RESOLUTION NO. 04-1946
PAGE 11
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,
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89. 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.
90. Obtain a grading permit prior to commencement of any grading operations on
site.
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91. Pay all required City fees at the time they are due.
92. 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 subdivision or public works construction plans based on an
approved construction cost estimate.
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93. 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.
94. Improvement Removal and Relocation Agreement: Prior to approval of an
improvement plan, the applicant shall enter into an agreement with the City as
approved by the City Attorney and Director of Public Works for the removal and
relocation of all new improvements within the public right of way at the expense
of the applicant.
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95. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
96. Submit an engineer's estimate of quantities for improvements for review by the
Director of Public Works.
97. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
e Faithful Performance: 100% of the approved estimated cost of all improvements,
. Labor and Materials: 50% of the approved estimated cost of all improvements,
RESOLUTION NO. 04-1946
PAGE 12
. One Year Guarantee: 10% of the approved estimated cost of all improvements.
This bond is required prior to acceptance of the improvements.
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98. All utilities shall be operational.
99. 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.
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:
MITI ATION MEAS�IRES
Water
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 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 paying 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, 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. 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
RESOLUTION NO. 04-1946
PAGE 13
4
Air Quality
5.
irrigation shall be minimized.
Monitoring: Review of landscaping and irrigation
plans
Responsible Department:: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
All runoff water from impervious areas shall pass through a fossil filter and
be conveyed through impervious conduits to existing storm drain facilities.
A drainage plan, which incorporates the above, shall be submitted to the
City prior to the issuance of any permits.
Monitoring: Review of drainage/grading plans
Responsible Department:: Public Works Department �
Timeframe: Prior to issuance of a grading permit
During clearing, grading, earth moving, excavation, or transportation of cut
or fill materials, water trucks or sprinkler systems are to be used to prevent
dust from leaving the site and to create a curst after each day's activities
cease.
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.
Monitoring:
Responsible Department::
Timeframe:
Review of grading and building plans and site
inspections
The Building and Fire Department shall inspect
plans, and the Community Development
Department shall spot check the field
Prior to issuance of grading permit
Transportation/Circulation
8. The applicant shall pay the Traffic Signalization Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Department:: Building & Fire Department
Timeframe: Prior to issuance of Building Permit
9. The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: The applicant shall pay the fee
RESOLUTION NO. 04-1946
PAGE 14
Responsible Department:: Building & Fire Department
Timeframe: Prior to issuance of building permit
10. The applicant shall pay its fair share of the cost of a Opticom traffic signal
pre-emption device at the intersection of Branch Street and Freeway 101.
Monitoring: , The applicant shall install the improvements
Responsible Department:: Building & Fire Department
Timeframe: Prior to issuance of building permit
11. The applicant shall mitigate for parking deficiencies by either:
Providing by written contract, off-site parking within 500 feet of the
proposed project equal to the number of parking spaces required by the
Municipal Code of the City of Arroyo Grande but not developed on site;
Payment of an in-lieu fee at the current established rate multiplied by the
number of parking spaces required by the Municipal Code of the City of
Arroyo Grande but not developed on site if the project location is
incorporated into the Downtown Parking and Improvement District.
In the event of changes to the property or parking contracts by either the
applicant or the City of Arroyo Grande that reduces the number of on-site
or-off site parking spaces provided, the applicant must utilize one or more of
the mitigation options to make up for the lost spaces. In-lieu fees will be
based upon rates in effect at the time of the change to the parking situation.
Monitoring: The applicant shall install the improvements
Responsible Department:: Community Development Department
Timeframe: Prior to issuance of building permit or
subsequent elimination of revokeable
encroachment permit
Noise
12. All construction equipment shall be provided with well-maintained,
functional mufflers to limit noise.
13. Construction shall be limited to between the hours of 8 a.m. and 6 p.m.
Monday through Friday, and between 8 a.m. and 5 p.m. on Saturday and
Sunday.
14. To the greatest extent possible, grading and/or excavation operations at
portions of the site bordering developed areas should occur during the
middle of the day to minimize the potential for disturbance of neighboring
noise sensitive uses.
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PAGE 15
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Department: Public Works Department
Timeframe: During construction
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