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PC R 04-1945� RESOLUTION NO. 04-1945 A RESOLUTION OF THE. PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE ADOPTING A NEGATIVE DECLARATION, INSTRUCTING THE SECRETARY TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 04-003 AND LOT MERGER CASE NO. 04-003, FOR DEVELOPMENT OF AN OFFICE BUILDING ON PROPERTY LOCATED AT NORTH HALCYON ROAD AND FAEH STREET, APPLIED FOR BY THE OPERATING ENGINEERS UNION, LOCAL 12 WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permit Case No. 04-003 and Lot Merger 04-003, filed by the Operating Engineers Union, to construct a 1,545 square foot office building on Phase I of the project site; and WHEREAS, Phase II of the project shall be subject to a separate Conditional Use Permit; 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 Highway Mixed Use (HMU) district pursuant to the provisions of 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 office use is adjacent to other commercial 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. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 2 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. 6. Adequate opportunities for visitor services and lodging are available at other undeveloped or underdeveloped sites within the surrounding project area without the property in question. Lot Line Adjustment/Lot Merger Findings: This Lot Merger does not: 1. Create any new lots; The proposed project would decrease the number of lots from five (5) to two (2). 2. Include any lots or parcels created illegally; All of the subject lots were created according to standards in place at the fime of their creation. 3. Impair any existing access or create a need for access to any adjacent lots or parcels; Access to the project site will be from Faeh Street. 4. Impair any existing easements or create a need for any new easements serving adjacent lots or parcels; There are no existing easements recorded on the property, and fhe project will nof create a need for additional easements serving adjacent lots or parcels. 5. Constitute poor land planning or undesirable lot configurations due to existing environmental conditions or current zoning development standards; The existing five (5) lots do not conform to the current Highway Mixed Use district; the proposed project would reduce the number of lots and each remaining lot would be more conforming to the Highway Mixed Use zoning district. 6. Require substantial alteration of any existing improvements or create a need for any new improvements; The proposed project will not require any alferation of existing improvements, nor will it create a need for any new public improvements. 7. Create a nonconforming lot in the development district in which it exists, except as allowed in Section 16.48.110 of this title. The proposed project would not cause any lot to become less conforming to the Highway Mixed Use (HMU) zoning district. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 3 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 No. 04-003 and Lot Merger 04-003. 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 City Council 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 adopts a Negative Declaration, instructs the Secretary to file a Notice of Determination, and approves Conditional Use Permit No. 04-003 and Lot Merger No. 04-003, 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 Fowler, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Commissioners Fowler & Keen NOES: Commissioner Brown ABSENT: None the foregoing Resolution was adopted this 7 th day of December 2004. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT N0. 04-003; LOT MERGER NO. 04-003 PAGE 4 ATTE T: �'/ /1����,�,6y► LY REARDON-SMITH, SECRETARY TO THE COMMISSION TIM BRO N, VICE CHAIR AS TO CONTENT: ROB ST NG, COMMUNITY DEVELOPI11t T DIRECTOR RESOLUTION N0. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 04-003/LOT MERGER NO. 04-003 Operating Engineers Union, Local 12 Faeh Street and North Halcyon Road �i�i7Jit►�illl�l`�'��7��/��i7�►�il�► �i�7��_1:��Jil���� GENERAL CONDITIONS This approval authorizes the merger of five (5) legally created lots into two (2) lots consisting of 8,367 and 6,250 square feet, and construction of a 1,545 square foot office building on Phase I of the property. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit No. 04-003 and Lot Merger No. 04-003. 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 — B5". 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. � • � ► � ► �7�7T� 6. Development shall conform to the Highway Mixed Use (HMU) zoning requirements except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Administrative Sign Permit No. 04-019. 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 6 ►• 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. . ► 10. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. �/_���:� 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 fi�ures shall be installed prior to occupancy. • � � 12. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be screened from public view with landscaping or other materials, and shall be made of masonry or concrete with complements the architectural features of the main buildin� area shall accommodate recycling container(s). PRIOR TO ISSUING A BUILDING PERMIT: appropriate screening an exterior finish that a. The trash enclosure 13. The Community Development Director shall approve plans for the trash enclosure. 14. A landscaping and architect subject tc Department and the include the following: irrigation plan shall be prepared by a licensed landscape review and approval by the Community Development Parks & Recreation Department. The landscaping plan shall 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. (4) The selection of groundcover plant species shall include native plants. (5) Linear planters shall be provided in the parking area. RESOLUTION N0. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 7 PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 15. Development shall comply with Development Code Sections 16.48.070, "Fences, Walis and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 16. 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. 17. All electrical panel boxes shall be installed inside the building. �: . : � : � •►�►i `: 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 final landscape plan shall be reviewed by the ARC prior to issuance of building permit and shall emphasize native, drought tolerant plants. Based on the preliminary landscape plan, acceptable tree species shall include Coast Live Oak, Coast Redwood, Magnoia, London Plane, Liquid amber ("festive" variety), Ash, Western Alder, and Flowering Plum. Acceptable shrubs include Indian Hawthorn (pink flowers), Agapanthus (blue flowers), Abelia, and Mock Orange. Acceptable groundcovers include Hypericum, Star Jasmine, and Trailing Gazania. '_:. _► � : : _ •► � '_: ►i ► •► � •► 20. The applicant shall comply with the provisions of Ordinance No. 521, the Community Tree Ordinance. 21. Linear root barriers shall be used at the front of the project to protect the sidewalks. 22. All street front trees shall be 24-inch box. '• � -': ►� ► PRIOR TO ISSUING A BUILDING PERMIT: 23. The applicant shall submit an exterior lighting plan for Police Department approval. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 8 PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 24 25 26 The applicant shall install a burglar alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. The applicant shall post handicapped parking, per Police Department requirements. � � • ► � : � ' • : ►1 ► � 27. 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. 28 29 30 31 All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. The project shall provide a 35-foot inside turning radius for all fire lanes. The project shall have a fire flow of 1,500 gallons per minute for a duration of two hours. Any review costs generated by outside consultants shall be paid by the applicant. PRIOR TO ISSUING A BUILDING PERMIT: 32. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. PRIOR TO OCCUPANCY: 33 34 The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. The buildings must be fully sprinklered per Building and Fire guidelines. ' � • � � ►� ► ► : � ►� " � ►� ► ` • : ►� ► 35. 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). 36. Fees to be paid prior to plan approval: RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 9 a. Plan check for grading plans based on an approved earthwork estimate. b. Plan check for improvement plans based on an approved construction cost estimate. c. Permit Fee for grading plans based on an approved earthwork estimate. d. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 37. Impact fees to specific capital improvement projects as determined by the Director of Public Works. 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. (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. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 10 (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. 38. 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. 39. 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. ►� ' : • ►� ► ' � ► 40 41. 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. 42. 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. 43. 44 45 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 The site plan shall include the following: a. The location and size of all existing and proposed water, sewer, and storm drainage facilities within the project site and abutting streets or alleys. b. The location, quantity and size of all existing and proposed sewer laterals. c. The location, size and orientation of all trash enclosures. d. All existing and proposed parcel lines and easements crossing the property. e. The location and dimension of all existing and proposed paved areas. f. The location of all existing and proposed public or private utilities. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 11 � � 46. Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development and Parks and Recreation Departments. The Director of Public Works shall also approve any landscaping or irrigation within a public right of way or otherwise to be maintained by the City. �: : 47 .; Construction water is available at the corporate yard. The City of Arroyo Grande does not allow the use of hydrant meters. Each parcel shall have separate water meters. Duplex service lines shall be used if feasible. 49. 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. � 50. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Director of Public Works. 51. Consistent with Mitigation Measure No. 1, 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. 52. The on-site water systems that supply water to fire hydrants shall be a public facility. This will require public improvement plans and dedication of a 10 feet wide easement. 53. The applicant shall replace the existing 4" CIP water main in the Faeh Frontage with an 8" PVC water main. This main shall be extended to connect to the 6" main under North Alpine. 54 55 The applicant shall install fire hydrants along the project frontage in accordance with Fire and Public Works standards. The applicant shall perform a fire flow analysis to determine if adequate fire flow exists. �_: 56 57 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. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 12 58 59 60 61 62 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. The applicant shall replace the existing sewer cleanout in the Faeh Avenue frontage with a sewer manhole. All sewer laterals shall connect at this manhole. The applicant shall submit detailed wastewater calculations for review and approval by the Director of Public Works. The applicant shall pay the proportional share of the Woodland Sewer Capital Improvement Project. " y 63 64 65 Underground all new public utilities in accordance with Section 16.68.050 of the Development Code. Under ground all existing overhead public utilities on-site and in the street in accordance with Section 16.68.050 of the Development Code. Underground improvements shall be installed prior to street paving. 66. 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. 67 .: Submit the Final Map to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. : .• 70. 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. 71. Overlay half of Faeh Street from centerline to gutter line with 1'/z" of asphalt. The perimeter shall be ground to facilitate matching to existing grades. Phase II will be subject to overlaying half of North Halcyon Road. :: ■ : •.� � �: . 72. Install new concrete curb, gutter, and sidewalk across the project frontage of Faeh Street. The alignment and grade shall be as such to match existing. Phase II will be subject to installing new concrete curb, gutter and sidewalk across the project frontage of North Halcyon Road. �- � �� RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT N0. 04-003; LOT MERGER NO. 04-003 PAGE 13 73. 74. 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. �RC ADINC 75. Perform all grading in conformance with the City Grading Ordinance. 76. 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. 77. Submit all retaining wall calculations for review and approval by the Director of Public Works for walls not constructed per City standards. DRAINA � 78. All drainage facilities shall be designed to accommodate a 100-year storm flow. 79 80 81 82 All drainage facilities shall be in accordance with the Drainage Master Plan. The project is in Drainage Zone "B" and will require storm water runoff to be directed to the creek. Prior to leaving the site, all storm water runoff will be passed through fossil filters. The applicant shall submit a set of drainage calculations for review and approval by the Director of Public Works. 83: The applicant shall install a drop inlet at the low point of the flow line in the project frontage of Faeh, extend this storm drain line to the intersection of Faeh and EI Camino Real, and install an outlet for this line in the Caltrans drainage ditch between EI Camino Real and Highway 101. The applicant shall obtain all necessary permits from Caltrans prior to approval of the improvement plans. 84. The applicant may set up a reimbursement agreement for the adjacent undeveloped land for the proportional cost of the drainage system. � � � •► :►� � ►� ► 85. 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. ' : ►I 86. Obtain an encroachment permit prior to performing any of the following: RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 14 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. 87. Obtain a grading permit prior to commencement of any grading operations on site. � : ►I ► 88. 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. 89. 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. ►�':• ►i ► : 90. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 91. Submit an engineer's estimate of quantities for improvements for review by the Director of Public Works. 92. 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 improvements. b. Labor and Materials: 50% of the approved estimated cost of all improvements. c. One Year Guarantee: 10% of the approved estimated cost of all improvements. This bond is required prior to acceptance of the public improvements. OTHER DOCUMENTATION 93. Preliminary Title Report: A current preliminary title report shall be submitted to the Director of Public Works. -:•: • ► �: �► ' :►i 94. The improvement plans shall be approved by the Public Works Department and either fully constructed or bonded. RESOLUTION N0. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER N0. 04-003 PAGE 15 PRIOR TO ISSUIN� A GERTIFIGATE OF OGGUPANGY �� 95. All utilities shall be operational. 96. 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. 97. Prior to the final 10% of occupancies for the project are issued; all improvements shall be fully constructed and accepted by the City. �,.:f�: , ,:x;;: .. � . ,y;�. iri." ,''#�"i:. .;� li_ � I I U .. � •�"4 RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO:�>04-003; LOT MERGER NO. 04=003 � PAGE 16 �;, �:�., ,-. .: ; , 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: ►I ` • ► ►I ' : 1 The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: ; Implement an indivi,dual water program that utilizes fixtures and designs. �tfiat 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� pay the in lieu fee. �, ,, �. �ti � �. . +•r.. ..; ;�.,, . Monitoring: Review of individual water program or payment of the in lieu fee Responsible Dept: 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 des'igns and fixtures shall be installed prior to final occupancy. Monitoring: Responsible Dept: Timeframe: Review of building plans Building and Fire Department 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 irrigation shall be minimized. Nlonitoring: Responsible Dept: Timeframe: Review of landscaping and irrigation plans Parks & Recreation Department Prior to issuance of building permit ;.. -, r 4. During clearing, g�ading, 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 crust after each day's activities cease. RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER N0. 04-003 PAGE 17 5. 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. 0 II E%3 0 Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. For measures 4-6: Monitoring: Review of grading and building plans; site inspections Responsible Dept: Building and Fire Department; Public Works Department Timeframe: Prior to issuance of grading permit The applicant shall pay the Traffic Signalization Impact fee. Monitoring: Responsible Dept: Timeframe: The applicant shall pay the fee Building & Fire Department Prior to issuance of Building Permit The applicant shall pay the City's Transportation Facilities Impact fee. Monitoring: Responsible Dept: Timeframe: The applicant shall pay the fee Building & Fire Department Prior to issuance of building permit All construction equipment shall be provided with well-maintained mufflers to limit noise. 10. All construction activities shall comply with Chapter 9.16 of the Municipal Code (Noise) and shall be limited to between the hours of 7 a.m. and 5 p.m. Monday through Friday. 11. 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. For measures 9 � Monitoring: Responsible Dept Timeframe: Notes shall be placed on the construction plans referencing the above measures. Public Works Department During construction 12. The following note shall be placed on the grading plans for the project: RESOLUTION NO. 04-1945 CONDITIONAL USE PERMIT NO. 04-003; LOT MERGER NO. 04-003 PAGE 18 "In the event that during grading, construction or development of the projecf, and archeological resources are uncovered, all work shall be halfed 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 Dept: 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 I _�