Loading...
R 4565 RESOLUTION NO. 4565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT CASE NO. 12-002, VARIANCE CASE NO. 12-004, AND AMENDED VESTING TENTATIVE TRACT MAP CASE NO. 12-001 FOR THE CONSTRUCTION OF AN APPROXIMATELY 55,000 SQUARE-FOOT, 69-BED ASSISTED LIVING/MEMORY CARE FACILITY AND EIGHT (8) TOWNHOMES; LOCATED AT 880 OAK PARK BOULEVARD (SOUTHEAST CORNER OF OAK PARK BOULEVARD/JAMES WAY INTERSECTION); APPLIED FOR BY RUSS SHEPPEL WHEREAS, on May 9, 2006, the City Council adopted Resolution No. 3921 approving Vesting Tentative Tract Map Case No. 04-006, Planned Unit Development Case No. 04- 005, and Minor Exception Case No. 05-015 for the subdivision of 1.8 acres into 19 lots and authorizing the development of 24 density equivalent units on real property, located at 880 Oak Park Blvd., Arroyo Grande, CA (the "subject property"); and WHEREAS, by State Law, those approvals were extended and are currently entitled through May 2016; and WHEREAS, Russ Sheppel (the "applicant") has submitted new applications for a phased mixed-use project on the subject property seeking development of eight (8) townhomes and a 55,000 square-foot, 69-bed facility with 44 beds indicated for assisted living use and 25 beds indicated for Alzheimer's care use; and WHEREAS, the City Council has reviewed the 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 based on the initial study and findings has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered the project at a duly noticed public hearing in accordance with the Development Code of the City of Arroyo Grande on January 28, 2014, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Conditional Use Permit Findings: 1. The proposed use is permitted within the subject district pursuant to the provisions of this section and complies with all the applicable provisions of RESOLUTION NO. 4565 PAGE 2 this title, the goals, and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. The proposed assisted living and memory cam facility as well as mixed- use housing is allowed in the Office Mixed-Use (OMU) zoning district per section 16.36.030 of the Municipal code and is consistent with development standards for the OMU zoning district per Municipal Code Section 16.36.020.H with concurrent approval of a variance for creek setback reduction from fifty feet (50') to thirty-five feet (35). 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located. The proposed assisted living and memory care facility as well as mixed- use housing would not impair the integrity or character of the Office Mixed-Use zoning district, as it is consistent with the stated purposes of the OMU zoning district per Municipal Code Section 16.36.020.H. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is 1.8 acres in area in a mixed-use development, which is permitted in the Office Mixed-Use zoning district and meets applicable development standards, excepting maximum building size, and Floor Area Ratio which are allowed by Conditional Use Permit 12-002 and the minimum creek setback allowed by Variance 12-004. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. Adequate capacity for water, sanitation and public utilities and services exist to serve the project; therefore, public health and safety will not be impacted. 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. Impacts associated with the proposed use have been adequately mitigated to ensure the use will not be detrimental to the public health, safety or welfare nor would it be materially injurious to properties and improvements in the vicinity. RESOLUTION NO. 4565 PAGE 3 Variance Findings: 1. That strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. The strict enforcement of the fifty foot (50') creek setback would require the complete redesign of the assisted living/memory care facility and cause further parking and access impacts, resulting in a practical difficulty or unnecessary hardship not otherwise shared by others within the surrounding area. 2. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zone. The constraint of the site resulting from a fifty foot (50') setback from the top of creek bank is an extraordinary condition that does not generally apply to other properties in the Office Mixed-Use (OMU) zoning district. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zone. Strict enforcement of the fifty foot (50) creek setback would deprive the applicant of privileges enjoyed by owners of other properties in the Office Mixed-Use (OMU) zoning district due to the narrowness of the property. 4. That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zone. The granting of the variance will not constituted a grant of special privilege, as few properties within the OMV zone are impacted by lot narrowness and large creek setback requirements as the subject property. 5. That the granting of the variance will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. The granting of the variance will not be detrimental to the public health, safety or welfare, nor will it be materially injurious to properties or improvements in the vicinity as the building will be constructed in accordance will all applicable California Codes and additional impacts RESOLUTION NO. 4565 PAGE 4 associated with the proposed use have been adequately mitigated to ensure this. 6. That the granting of a variance is consistent with the objectives and policies of the General Plan and the intent of this title. The granting of the variance is consistent with the objectives and polices of the General Plan (Land Use Element LU5, LU5-1, LU5-3, and LU5-11) and the intent of the Development Code (Section 16.44.050.A). Tentative Tract Map Findings: 1. The proposed tentative tract 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. The proposed tract map is consistent with the goals, objectives, polices, plans, programs, intent and requirements of the General Plan (Land Use Element LU5, LU5-1, LU5-3, and LU5-11) and the intent of the Development Code (Section 16.36.020.H), both of which support the type of development pmposed. 2. The site is physically suitable for the type of development proposed. The site is 1.8 acres in area in a mixed-use development which is permitted in the Office Mixed-Use zoning district following the approval of a conditional use permit. 3. The site is physically suitable for the proposed density of development. The site is 1.8 acres in area and is allowed a maximum density of 52.80 equivalent density units. The Development Code provides equivalency information for residential units in mixed-use districts, which results in a proposed density equivalency of 35.75 units excluding memory cam facility, well below the maximum density for the site. 4. The design of the tentative tract map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Impacts associated with the proposed tentative tract map have been adequately mitigated to ensure it will not cause substantial environmental damage or substantially and avoidably injure fish, wildlife or their habitat. RESOLUTION NO. 4565 PAGE 5 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Impacts associated with the proposed tentative tract map have been adequately mitigated to ensure it will not cause serious public health problems. 6. The design of the tentative tract map or the type of improvements will not conflict with easements acquired by the public-at-large for access through, or use of property within the proposed tentative tract map or that alternate easements for access or for use will be provided, and that these alternative easements will be substantially equivalent to ones previously acquired by the public. The design of the tentative map will not conflict with any public easements; access will be provided from James Way and existing easements for parking, access, and circulation are required to be updated and maintained as necessary. 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 in Division 7 (commencing with Section 13000) of the California Water Code. The subdivision will abide by all City and South County Sanitation District standards relating to sewer system design. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. The property is located within close proximity to and will be adequately served by all necessary public facilities. 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 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12-001. 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. RESOLUTION NO. 4565 PAGE 6 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission 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 Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration and approves Conditional Use Permit 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12-001, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. On motion by Council Member Guthrie, seconded by Mayor Ferrara, and by the following roll call vote, to wit: AYES: Council Members Guthrie, Brown, Bameich, and Mayor Ferrara NOES: Council Member Costello ABSENT: None the foregoing Resolution was adopted this 28th day of January, 2014. RESOLUTION NO. '/5(o5 PAGE 7 TONY FE YOR ATTEST: Sir l � KELLY TM , C LERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: ndk TIMOT Y J. CAR , CITY ATTORNEY RESOLUTION NO. 4565 PAGE 8 EXHIBIT 'A' CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 12-002, VARIANCE 12-004, AND AMENDED VESTING TENTATIVE TRACT MAP 12-001 880 OAK PARK BOULEVARD The approval authorizes the subdivision of a 1.8-acre property into ten (10) lots, and development of eight (8) townhomes and a 55,000 square-foot, 69-bed residential care facility including twenty-five (25) Alzheimer's care units and forty-four (44) assisted living units. Also approved is a reduction of creek setback requirements to thirty-five feet (35') from the top of creek bank and a maximum Floor Area Ratio of 1.05. COMMUNITY DEVELOPMENT DEPARTMENT GENERAL CONDITIONS: 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 12-002, Variance 12-004, and Amended Vesting Tentative Tract Map 12- 001. 3. This approval shall automatically expire on January 28, 2016 unless the final map is recorded or an extension is granted pursuant to section 16.12.140 of the Development Code. 4. The applicant shall, as a condition of approval of this tentative or final map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against the City, its past or present agents, officers, or employees to attack, set aside, void, or annul the City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Government Code Section 66474.9, which are incorporated by reference herein as though set forth in full. 5. Development shall occur in substantial conformance with the plans presented to the City Council at its meeting of January 28, 2014 and marked as Exhibit B, which are on file in the Community Development Department. 6. Development shall conform to the Office Mixed-Use (OMU) zoning district standards except as otherwise approved. 7. All conditions of approval and mitigation measures for the project shall be included in construction drawings. RESOLUTION NO. 4565 PAGE 9 DEVELOPMENT CODE: 8. For zero lot line projects where detached dwelling units are to be constructed upon a lot line, a five-foot maintenance easement shall be provided on the adjacent lot, along, and parallel to, the zero lot line dwelling. The easement shall grant access to the owner of the zero lot line dwelling for purposes of maintaining the zero lot line walls. 9. A property owners' association and covenants shall be established to ensure that common areas are maintained by property owners. a. The homeowners association must be established before the homes are sold; b. Membership must be mandatory for each home buyer and any successive buyer; c. The open space restrictions must be permanent; d. The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities; e. Homeowners must pay their pro rata share of the cost, and the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the homeowners association; and f. The association must be able to adjust the assessment to meet changed needs. SPECIAL CONDITIONS: 10. Consistent with the City's Inclusionary Housing Provisions, the project shall restrict five percent (5%) of the townhomes, or 0.4 townhomes, to qualified families earning a very low-income, or restrict ten percent (10%) of the townhomes, or 0.8 townhomes, to qualified families earning a lower-income (based on the City's affordable housing standards). The applicant may pay an affordable housing in-lieu fee instead of restricting the townhomes. 11. The Final Map shall show an irrevocable offer to dedicate the 35' creek setback area to the City. 12. The Final Map shall show an irrevocable offer to dedicate the pedestrian path to the City. 13. Prior to the issuance of a building permit, the applicant shall record a new, non-exclusive pedestrian trail easement that coincides with the project plans. This easement instrument shall be to the satisfaction of the City Attorney. The applicant shall submit construction plans for the pedestrian trail for review and approval by the Community Development and Public Works Departments. 14. Prior to issuing a certificate of occupancy, the developer shall install the pedestrian trail in accordance with the approved construction plans. RESOLUTION NO. 4565 PAGE 10 15. The pedestrian trail shall connect the public sidewalk on James Way by means of an ADA ramp and stairs. 16. Only native riparian plants shall be planted within the 35' creek setback area. Detailed planting plans shall be submitted in advance of or concurrent with improvement plans. 17. Signs shall be posted prohibiting the use of herbicides or other toxic substances potentially harmful to creek habitat. 18. No lighting other than that approved on the care facility shall be installed adjacent to the creek. 19. The applicant shall submit documentation submitted to the U.S. Army Corps of Engineers to satisfy requirements outlined in the "Wetland Mitigation Plan" prior to improvement plan review. 20. The project shall provide bicycle parking in a location acceptable to the Community Development Director. 21. Fencing shall be installed along the pedestrian creek path that does not prohibit migration of fauna between the path and riparian area. 22. All impact trees shall be a minimum 36" box in size. 23. The applicant shall demonstrate to the satisfaction of the Public Works Director that the turning radiuses within the project site can accommodate a range of vehicles from large trucks and buses, to cars, or the project shall return to the City Council for additional review and modification. 24. The applicant shall demonstrate to the satisfaction of the Fire Chief that the turning radiuses within the project site can accommodate the Fire apparatus. 25. Speed bumps shall be installed between the hotel gate and the third townhouse. 26. Any modification to the conceptual plans that is determined not to be in substantial conformance shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. 27. The developer shall comply with Development Code Chapter 16.20, "Land Divisions". 28. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees and Reservations". 29. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. RESOLUTION NO. 4565 PAGE 11 30. All fire department connections shall be located near a fire hydrant, adjacent to a Fire access roadway, away from the public right-of-way, incorporated into the design of the site, and screened to the maximum extent feasible. 31. All electrical panels shall be architectural integrated into the buildings. 32. All solid surfaces placed in the 35' creek setback, including but not limited to • walking paths, patios, and parking lots, shall be of pervious materials, including but not limited to pervious pavers, pervious concrete, or pervious asphalt. 33. No Certificate of Occupancy for the townhomes will be issued prior to the issuance of a building permit for the care facility. ARCHITECTURAL REVIEW COMMITTEE CONDITIONS 34. The lower sign to identify the Plaza shall be retitled, removed or relocated, or a new sign shall be placed at the top entrance near Oak Park Boulevard to indicate the professional center and/or fitness club. 35. Windows and similar architectural details shall be placed at the ends of the care facility building and the ridgeline should have cupolas installed for venting. 36. Prior to the issuance of a building permit, the final landscape plan for the project, including riparian revegetation, shall be submitted to the ARC for review prior to approval by the Director of Community Development. PLANNING COMMISSION CONDITIONS 37. Vehicular egress though the lower (easterly) driveway shall be limited to emergency vehicles due to safety concerns. 38. Proposed directional sign #1 shall be modified to state that only emergency vehicles may exit through the lower (easterly) driveway. 39. Proposed directional signs #4 and #6 shall be removed. ENGINEERING DIVISION CONDITIONS: GENERAL CONDITIONS 40. Perform construction activities during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) for 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 Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. RESOLUTION NO. 4565 PAGE 12 41. Prior to the issuance of a grading permit, the developer shall submit one (1) copy of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) consistent with the Regional Water Quality Control Board (RWCB) requirements. 42. A grease interceptor shall be required for the proposed care center. 43. The applicant shall show trash enclosures on improvement plans to the satisfaction of the Community Development Director. NOISE 44. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. IMPROVEMENT PLANS 45. All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications. 46. The Developer shall submit three (3) full-size paper copies and one (1) full-size mylar copy of approved improvement plans for inspection purposes during construction. 47. The Developer shall submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of mylar prints and an electronic version on CD in AutoCAD format shall be required. 48. The following Improvement plans shall be prepared by a registered Civil Engineer and approved by the Community Development 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 Community Development Director. 49. 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. RESOLUTION NO. 4565 PAGE 13 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. 50. Improvement plans shall include plan and profile of existing and proposed on and off-site utilities and retaining walls. 51. Landscape and irrigation plans are required within the public right of way. The Public Works Director shall approve the irrigation plan. WATER 52. Non-potable water is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 53. Townhomes will require individual water meters and sewer laterals. 54. Lots using fire sprinklers shall have individual service connections. A fire sprinkler engineer shall determine the size of the water meters. 55. Utilities to this project have been stubbed out with the prior mixed-use project. The developer shall be required to use these existing stubbed out utilities on James Way. No work shall be permitted on James Way. 56. The applicant shall pay a water neutralization fee for each new residential unit. SEWER 57. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with the Standard Plans. 58. Sewer to this project has been stubbed out with the prior mixed-use project. The applicant shall utilize these utilities and shall not be permitted to do work on James Way. 59. The Developer shall obtain approval from the South County Sanitation District for the development's impact to District facilities prior to building permit issuance. 60. The Developer shall mitigate lift station #1 CIP force main replacement. PUBLIC UTILITIES 61. The Developer shall underground all existing and new public utilities in accordance with Section 16.68.050 of the Development Code. RESOLUTION NO. 4565 PAGE 14 62. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. STREETS 63. No work shall be permitted on James Way. CURB, GUTTER, AND SIDEWALK 64. The Developer shall utilize saw cuts for all repairs made in curb, gutter, and sidewalk. 65. The Developer shall install ADA compliant facilities where necessary. Ramps on James Way shall be brought up to the City and State standards including the ramp at the intersection of James Way and Oak Park Blvd. Decorative crosswalks shall be installed across driveway aprons along James Way. 66. The Developer shall install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. Root barriers are to be installed on the sidewalk side of tree wells per City standards. 67. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director GRADING 68. The Developer shall perform all grading in conformance with the City Grading Ordinance including setback for cut or fills. 69. The Developer shall 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. 70. The Developer shall submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 71. Existing 24" CMP pipe behind the building shall be removed and replaced with HDPE. 72. The Developer shall provide outlet structure for Meadow Creek storm drain. A stormceptor and or clarifier for storm drain leading to Meadow Creek shall be required. RESOLUTION NO. 4565 PAGE 15 DRAINAGE 73. All on-site and off-site drainage facilities shall be designed to accommodate a 100- year storm flow. 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 Community Development. 74. The project is in Drainage Zone C. Infiltration basins will be required so that peak storm flows do not exceed the existing Oak Park Blvd basin capacity. 75. Infiltration basins shall be designed based on soil tests. Infiltration tests shall include a minimum of 2 borings 15 feet below the finished basin floor. Additional borings or tests may be required if the analysis or soil conditions are inconclusive. 76. All drainage facilities shall be in accordance with the Drainage Master Plan. 77. The applicant shall provide on-site storm water retardation facilities designed and constructed to Public Works and Community Development requirements, and the following: a. The facilities shall be designed to reduce the peak flow rate from a post- development 100 year storm. b. The 100 year basin outflow shall not exceed the pre-development flow. c. The 100 year basin outflow shall be limited to a level which does not cause the capacity of existing downstream drainage facilities to be exceeded. d. The basin design shall include freeboard equal to 20 percent of the basin depth, to a minimum of 12 inches. e. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. f. The basin shall be maintained by the City. The applicant shall enter into an agreement to fund the maintenance of the basin. The funding agreement shall be approved by the City Attorney and shall be recorded. g. The basin shall be maintained by a homeowner's association. The City shall approve the related language in the association CC&Rs prior to recordation. h. The basin design shall include landscaping and irrigation. i. The basin shall be fenced around the perimeter. Fencing shall be subject to the review and approval of the Community Development Director and the Public Works Director. 78. The applicant shall submit an engineering study regarding flooding related to the project site as directed by the Director of Public Works. Any portions of the site RESOLUTION NO. 4565 PAGE 16 subject to flooding from a 100-year storm shall be shown on the plans and shall be noted as a building restriction. 79. Storm drain inlets, both public and private, will be required to be stenciled with the warning: "Drains to Creek" or other appropriate advice as directed by the City. 80. The project shall comply with the Regional Water Quality Control Board Low Impact Development requirements. Currently the City is utilizing Guidelines that include calculations by the applicant of the additional stormwater runoff that will be generated by their project. With that information the applicant will develop a plan for handling on-site drainage including a determination of how much runoff it may be possible to percolate, or store for irrigation purposes, or otherwise use on site. Stormwater runoff that cannot be retained on site for percolation or use must be treated through the use of bioswales and then directed into the appropriate drainage system described in the Drainage Master Plan. DEDICATIONS AND EASEMENTS 81. Reciprocal access and maintenance agreement will be required for the proposed project and the adjacent businesses using the existing parking area. 82. All existing underlying lot lines shall be merged. 83. 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. 84. A Public Utility Easement (PUE) shall be reserved 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. 85. The property owner shall be responsible for maintaining the creek path and vegetation until the offer of dedication is accepted by the City. PERMITS 86. Obtain an encroachment permit prior to performing any of the following: a. Performing work in the City right of way, b. Staging work in the City right of way, c. Stockpiling material in the City right of way, d. Storing equipment in the City right of way. RESOLUTION NO. 4565 PAGE 17 87. Obtain a grading permit prior to commencement of any grading operations on site. FEES 88. Pay all required City fees at the time they are due. 89. Fees to be paid prior to plan approval: a. Plan check for grading plans based on an approved earthwork estimate. b. Plan check for improvement plans based on an approved construction cost estimate. c. Permit Fee for grading plans based on an approved earthwork estimate. d. Map check for tentative tract map based on the engineer's cost estimate. e. Inspection fee of subdivision or public works construction plans based on an approved construction cost estimate. 90. Impact fees for Lift Station #1 force main replacement shall be as determined by the Public Works Director. 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. RESOLUTION NO. 4565 PAGE 18 (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E)The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. AGREEMENTS 91. 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. 92. Subdivision Improvement Agreement: The applicant shall enter into an agreement for the completion and guarantee of improvements required. The agreement shall be on a form acceptable to the City. 93. Covenants, Conditions, and Restrictions: The subdivider shall prepare project CC&Rs for maintenance and repair of all privately owned improvements. The CC&Rs shall be subject to the review and approval of the City Attorney and the Director of Public Works. IMPROVEMENT SECURITIES 94. All improvement securities shall be of a form as set forth in Development Code Section 16.68.090, Improvement Securities. 95. Submit an engineer's estimate of quantities for public improvements for review by the Community Development Director. 96. Provide financial security for the following, to be based upon a construction cost estimate approved by the Community Development Director. a. Faithful Performance: 100% of the approved estimated cost of all subdivision improvements, b. Labor and Materials: 50% of the approved estimated cost of all subdivision improvements RESOLUTION NO. 4565 PAGE 19 c. One Year Guarantee: 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. d. Monumentation: 100% of the estimated cost of setting survey monuments. This financial security may be waived if the developer's surveyor submits to the Director of Public Works a letter assuring that all monumentation has been set. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY 97. All utilities shall be operational. 98. 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 Community Development Director. 99. Prior to the final 10% of occupancies for the project are issued, all improvements shall be fully constructed and accepted by the City. BUILDING AND LIFE SAFETY DIVISION AND FIVE CITIES FIRE AUTHORITY CONDITIONS: 92. All buildings shall comply with the latest adopted California Codes. 93. The applicant shall pay all applicable development impact fees prior to the issuance of a building permit. 94. At least one (1) covered passenger loading zone complying with Section 11B- 503 of the California Building Code shall be provided at an accessible entrance to licensed medical care and licensed long-term care facilities where the period of stay may exceed twenty-four hours. 95. The project shall provide complete compliance with State and Federal disabled access requirements. Per S.B. 1025, 10% of the primary entry levels of multistoried dwelling units must comply with the HCD's accessibility provisions. 96. The applicant shall show all setback areas for each lot on the amended tentative tract map prior to map recordation. 97. The creek side of the care facility building is adjacent to wildland where the opportunity for conflagration exists. The building shall be built following the Wildland Urban Interface requirements of the CBC Chapter 7A. RESOLUTION NO. 4565 PAGE 20 98. The developer shall provide a Fire Department turnaround or provide access through the hotel site subject t 99. o approval by the Fire Chief. FIRE LANES 100. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 101. All fire lanes must be posted and enforced, per Police Department and Five Cities Fire Authority guidelines. 102. In accordance with the California Fire Code, appendix D105, buildings or portions of buildings exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. The width of these roadways shall be 26 feet exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet in height. At least one of these aerial access roadways shall be located a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. FIRE FLOW/FIRE HYDRANTS 103. Project shall have a fire flow based on the California Fire Code Appendix III-A. 104. Prior to bringing combustibles on site, fire hydrants shall be installed per Five Cities Fire Authority and Public Works Department standards. Locations shall be approved by the Fire Chief. 105. The developer shall provide a fire hydrant on the James Way end of the property at the location where the existing 8 inch ACP water main was to be abandoned. The Double Detector Check Valve Assembly (DDCVA) and Fire Department Connection (FDC) shall be located on the James Way side of the building. FIRE SPRINKLERS 106. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire Department guidelines. 107. The project shall provide Five Cities Fire Authority approved access and sprinkler system per National Fire Protection Association Standards 13d or 13R as appropriate. RESOLUTION NO. 4565 PAGE 21 108. The covered parking area must be fire sprinklered and sized to allow the passage of a fire apparatus 20 feet in width with 13 feet 6 inch minimum head clearance. ABANDONMENT/NON-CONFORMING 109. Prior to issuance of a grading permit or building permit, whichever occurs first, the applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. OTHER APPROVALS 110. The project shall comply with Federal and local flood management policies. 111. Any review costs generated by outside consultants shall be paid by the applicant. 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: MM I-1: The applicant shall submit a lighting plan verifying that all exterior lighting for the development is directed downward and does not create spill or glare to adjacent properties and riparian habitat. MM III-1: Based on the recommendation by the APCD, the applicant shall demonstrate how the construction phase impacts will be below the level of significance as identified in the APCD's CEQA Handbook prior to grading permit issuance and at least three months before construction activities are to begin. MM 111-2: The following standard mitigation measures for construction equipment shall be implemented to reduce the ROG, NOx, and diesel particulate matter (DPM) emissions during construction of the project: a. Maintain all construction equipment in proper tune according to manufacturer's specifications; b. Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off- road); c. Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off-road heavy-duty diesel engines, and comply with the State Off-Road Regulation; RESOLUTION NO. 4565 PAGE 22 d. Use on-road heavy-duty trucks that meet the ARB's 2007 or cleaner certification standard for on-road heavy-duty diesel engines, and comply with the State On-Road Regulation; e. Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; f. All on- and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; g. Diesel idling within 1,000 feet of sensitive receptors is not permitted; h. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; i. Electrify equipment when feasible; j. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and k. Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. MM 111-3: Prior to any construction activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the APCD. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxins Control Measure (ATCM) regulated by the California Air Resources Board (ARB) and may require development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. MM 1114: Prior to any demolition activities or the removal or relocation of utility pipelines at the site, if necessary, the project proponent shall notify the APCD to ensure the activities occur in accordance with the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP). MM 111-5: The following mitigation measures shall be implemented during construction to manage fugitive dust emissions such that they do not exceed the APCD 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): a. Reduce the amount of the disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non- potable) water shall be used whenever possible; c. All dirt stockpile areas should be sprayed daily as needed; RESOLUTION NO. 4565 PAGE 23 d. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast germinating, non-invasive, grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, building pads shall be laid as soon as possible after grading unless seeding o soil binders are used; h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil or other loose materials shall be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water shall be used where feasible; I. All PM,o mitigation measures required shall be shown on grading and building plans; and m. The contractor or building shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Divisions prior to the start of any grading, earthwork or demolition. MM III-6: Prior to any construction activities on the site, the project proponent shall contact the APCD Engineering Division to obtain all necessary permits for portable equipment used during the construction and operational phases of the project. Typical equipment requiring a permit includes, but is not limited to, the following: • Diesel engines; • Portable generators and equipment with engines that are 50 horsepower or greater; • Electrical generation plants or the use of standby generators; and • Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch plant, etc. RESOLUTION NO. 4565 PAGE 24 MM 111-7: Proposed truck routes shall be evaluated and selected to ensure routing patterns have the least impact to residential dwellings and other sensitive receptors, such as schools, parks, daycare centers, nursing homes, and hospitals. MM 1114: The project proponent shall coordinate with and obtain all necessary equipment and operation permits that are required by APCD. Typical equipment requiring such permits includes, but is not limited to, the following: • Portable generators and equipment with engines that are 50 hp or greater; • Electrical generation plants or the use of standby generators; • Boilers; • Internal combustion engines; • Sterilization unit(s) using ethylene oxide and incinerator(s); and • Cogeneration facilities. MM IV-1: The applicant shall revegetate the 0.18-acre mitigation area as outlined in the "Wetland Mitigation Plan" prepared by the Morro Group, Inc., dated May 21, 2002. Any plants that do not survive shall be replaced in kind and monitored until established. Temporary irrigation shall be provided for all planting areas for three (3) years or until plants are established. An independent consultant specializing in biological resources shall be hired by the City and paid for by the applicant to monitor the mitigation for a minimum of five (5) years. MM IV-2: The applicant shall consult and coordinate with the Regional Water Quality Control Board (RWQCB) and the United States Corps of Engineers (USACE) regarding the project. The applicant shall obtain all permits required for the construction, operation, or mitigation of the project. If permits are not required, the applicant shall provide written verification as such from the appropriate agency. MM IV-3: The applicant shall obtain compliance with Section 1602 of the California Fish and Game Code (Streambed Alteration Agreements) in the form of a completed Streambed Alteration Agreement or written documentation from the CDFG that no agreement would be required. Should an agreement be required, the applicant shall implement all the terms and conditions of the agreement to the satisfaction of the CDFG. The CDFG Streambed Alteration Agreement process encourages applicants to demonstrate that the proposed project has been designed and will be implemented in a manner that avoids and minimizes impacts on riparian habitat and the stream zone. MM IV-4: All non-native plant species shall be eliminated from the 35' wide creek setback area. RESOLUTION NO. 4565 PAGE 25 MM IV-5: The developer shall record an irrevocable offer of dedication open space agreement and thirty-five foot (35') creek easement on the property measured from top of bank. No structures shall occur within the 35' creek setback area, in accordance with Section 16.44.050 of the Municipal Code. MM IV-6: Siltation/sedimentation control measures shall be implemented along the entire eastern property boundary prior to site construction. Such control measures shall include sediment fences and/or hay bales placed into the crux of the bank of Meadow Creek. Erosion/sediment control barricades shall be placed around the perimeter of each construction zone with the potential to drain to Meadow Creek. MM IV-7: Soil shall not be stockpiled in areas located near the eastern property margin adjacent to Meadow Creek, or in areas that have potential to drain to Meadow Creek. Stockpiled soil should be properly covered at all times to avoid wind and water erosion, and consequent siltation to Meadow Creek. MM IV-8: No heavy equipment shall be allowed within the Meadow Creek corridor. MM V-1: If a potentially significant cultural resource is encountered during subsurface earthwork activities, all construction activities within a 100-foot radius of the find shall cease until a qualified archaeologist determines whether the uncovered resource requires further study. A standard inadvertent discovery clause shall be included in every grading and construction contract to inform contractors of this requirement. Any previously undiscovered resources found during construction shall be recorded on appropriate California Department of Parks and Recreation (DPR) forms and evaluated for significance in terms of California Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts; fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the appropriate Information Center and provide for the permanent curation of the recovered materials. MM V-2: If human remains are encountered during earth-disturbing activities, all work in the adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be notified immediately. If the remains are determined to be Native American in origin, the Native American Heritage Commission shall be notified and will identify the Most Likely Descendent, who will be consulted for recommendations for treatment of the discovered remains. RESOLUTION NO. 4565 PAGE 26 MM VI-1: All construction plans shall incorporate the recommendations of the soils engineering report prepared for the project site by Earth Systems Pacific dated October 30, 2006. MM VII-1: All construction plans shall reflect the following GHG-reducing. measures where applicable. Prior to issuance of building permits, the applicant shall submit impact reduction calculations based on these measures to the APCD for review and approval, incorporating the following measures: • Incorporate outdoor electrical outlets to encourage the use of electric appliances and tools. • Provide shade tree planting in parking lots to reduce evaporative emissions from parked vehicles. Design should provide 50% tree coverage within 10 years of construction using low ROG emitting, low maintenance native drought resistant trees. • Provide conduit for future fueling of electric vehicles (one space in parking area). • No residential wood burning appliances. • Provide employee lockers and showers. One shower and 5 lockers for every 25 employees are recommended. • Trusses for south-facing portions of roofs shall be designed to handle dead weight loads of standard solar-heated water and photovoltaic panels. Roof design shall include sufficient south-facing roof surface, based on structures size and use, to accommodate adequate solar panels. For south facing roof pitches, the closest standard roof pitch to the ideal average solar exposure shall be used. • Increase the building energy rating by 20% above Title 24 requirements. Measures used to reach the 20% rating cannot be double counted. • Plant drought tolerant, native shade trees along southern exposures of buildings to reduce energy used to cool buildings in summer. • Utilize green building materials (materials which are resource efficient, recycled, and sustainable) available locally if possible. • Install high efficiency heating and cooling systems. • Design building to include roof overhangs that are sufficient to block the high summer sun, but not the lower winter sun, from penetrating south facing windows (passive solar design). • Utilize high efficiency gas or solar water heaters. • Utilize built-in energy efficient appliances (i.e. Energy Star®). • Utilize double-paned windows. • Utilize low energy street lights (i.e. sodium). • Utilize energy efficient interior lighting. • Install energy-reducing programmable thermostats. • Use roofing material with a solar reflectance values meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs. RESOLUTION NO. 4565 PAGE 27 • Eliminate high water consumption landscape (e.g., plants and lawns) in residential design. Use native plants that do not require watering and are low ROG emitting. • Provide on-site bicycle parking both short term (racks) and long term (lockers, or a locked room with standard racks and access limited to bicyclist only) to meet peak season maximum demand. One bike rack space per 10 vehicle/employee space is recommended. • Require the installation of electrical hookups at loading docks and the connection of trucks equipped with electrical hookups to eliminate the need to operate diesel-powered TRUs at the loading docks. • Provide storage space in garage for bicycle and bicycle trailers, or covered racks / lockers to service the residential units. MM IX-1: A Stormwater Pollution Prevention Plan (SWPPP) shall be developed and implemented in consultation with the City, Regional Water Quality Control Board (RWQCB), and other regulatory agencies. The SWPPP shall include BMPs to reduce potential impacts to surface water quality through the construction and life of the project. The SWPPP shall adhere to the following requirements: • The SWPPP shall include measures to avoid creating contaminants, minimize the release of contaminants, and water quality control measures to minimize contaminants from entering surface water or percolating into the ground. • The water quality control measures shall address both construction and operations periods. • Fluvial erosion and water pollution related to construction shall be controlled by a construction water pollution control program that shall be filled with the appropriate agency and kept current throughout any site development phase. • The water pollution prevention program shall include BMPs, as appropriate, given the specific circumstances of the site and project. • The SWPPP shall be submitted for review and approval to the RWQCB. • A spill prevention and countermeasure plan shall be incorporated into the SWPPP. • Designation of equipment and supply staging and storage areas at least 150 feet from the outside edge of the Meadow Creek 35-foot setback area. All vehicle parking, routine equipment maintenance, fueling, minor repair, etc., and soil and material stockpile, shall be done only in the designated staging area. • Major vehicle/equipment maintenance, repair, and equipment washing shall be performed off site. • A wet and dry spill cleanup plan that specifies reporting requirements and immediate clean up to ensure no residual soil, surface water or groundwater contamination would remain after clean up. • RESOLUTION NO. 4565 PAGE 28 • Designating concrete mixer washout areas at least 100 feet from the outside edge of the Meadow Creek 35-foot setback with the use of appropriate containment or reuse practices. • A temporary and excess fill stockpile and disposal plan that ensures that no detrimental affects to receiving waters would result. • Requiring all grading and application of concrete, asphalt, etc. to occur during the dry season from April 15 to October 15. • Required site preparation and erosion control BMPs for any work that may need to be completed after October 15. MM IX-2: To reduce erosion hazards due to construction activities, grading shall be minimized and project applicants shall use runoff and sediment control structures, and/or establish a permanent plant cover on side slopes following construction. MM IX-3: Erosion control and bank stabilization measures shall be implemented to ensure that the creek bank does not erode. In addition, alternative bank protection methods, such as restoration of native vegetation, root wads, or other bioengineering methods of stabilization, shall be used whenever possible. In order to reduce long-term effects of soil compaction and changes in topography, construction vehicles and personnel shall not enter the low flow channel and wet areas. Construction mats and other devices shall be used whenever possible to reduce impacts associated with soil compaction. MM IX-4: All temporary fill placed during project construction shall be removed at project completion and the area restored to approximate pre-project contours and topography. MM IX-5: No construction debris or materials shall be allowed to enter the creek bed, either directly or indirectly. Stockpiles shall be kept far enough from the banks of the active channel and protected to prevent materials from entering the creek bed. MM IX-6: The following water quality BMPs shall be incorporated into the project: • Run-off Control. Maintain post-development peak runoff rate and average volume of runoff at levels that are similar to pre-development levels. • Labeling and Maintenance of Storm Drain Facilities. Label new and existing storm drain inlets with "No Dumping — Drains to Ocean" to alert the public to the destination of stormwater and to prevent direct discharge of pollutants into the storm drain. • Common Area Litter Control. Implement a trash management and litter control program to prevent litter and debris from being carried to water bodies or the storm drain system. RESOLUTION NO. 4565 PAGE 29 • Food Service Facilities. Design the food service facility to have a sink or other area for cleaning floor mats, containers, and equipments that is connected to a grease interceptor prior to discharging to the sanitary sewer system. The cleaning area shall be large enough to clean the largest mat or piece of equipment to be cleaned. • Refuse Areas. Trash compactors, enclosures and dumpster areas shall be covered and protected from roof and surface drainage. Install a self- contained drainage system that discharges to the sanitary sewer if water cannot be diverted from the areas. • Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored outdoors must be in containers and protected from drainage by secondary containment structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer system. Bulk materials stored outdoors must also be protected from drainage with berms and covers. Process equipment stored outdoors must be inspected for proper function and leaks, stored on impermeable surfaces and covered. Implement a regular program of sweeping and litter control and develop a spill cleanup plan for storage areas. • Cleaning, Maintenance and Processing Controls. Areas used for washing, steam cleaning, maintenance, and repair or processing must have impermeable surfaces and containment berms, roof covers, recycled water wash facility, and discharge to the sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems and/or approval of an industrial waste discharge permit. • Street/parking lot Sweeping: Implement a program to regularly sweep streets, sidewalks and parking lots to prevent the accumulation of litter and debris. Debris resulting from pressure washing should be trapped and collected to prevent entry into the storm drain system. Washwater containing any cleaning agent or degreaser should be collected and discharged to the sanitary sewer. MM XII-1: Construction activities shall be restricted to the hours of 8 a.m. and 6 p.m. Monday through Friday. No construction shall occur on Saturday or Sunday. Equipment maintenance and servicing shall be confined to the same hours. To the greatest extent possible, grading and construction activities should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. MM XII-2: All construction equipment utilizing internal combustion engines shall be required to have mufflers that are in good condition. Stationary noise sources shall be located at least 300 feet from occupied dwelling units unless noise reducing engine housing enclosures or noise screens are provided by the contractor. RESOLUTION NO. 4565 PAGE 30 MM XII-3: Equipment mobilization areas, water tanks, and equipment storage areas shall be placed in a central location as far from existing residences as feasible. MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School District impact fee. OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4565 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 28th day of January, 2014. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of January 2014. e 011 1G(4.61.1e-e-- KELLY RE, CITY CLERK