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CC 2017-01-10_10a E Cherry Avenue Specific Plan Project MEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: JOHN RICKENBACH, CONSULTING PLANNER SUBJECT: CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT (A RESOLUTION CERTIFYING THE ENVIRONMENTAL IMPACT REPORT AND APPROVING GENERAL PLAN AMENDMENT 15-001; SPECIFIC PLAN 15-001; VESTING TENTATIVE TRACT MAP 15-001; CONDITIONAL USE PERMIT 15- 004; AND AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT 15-001); LOCATION – EAST CHERRY AVENUE AND TRAFFIC WAY; APPLICANTS – MANGANO HOMES, INC., AND ARROYO GRANDE VALLEY JAPANESE WELFARE ASSOCIATION DATE: JANUARY 10, 2017 RECOMMENDATION: It is recommended that the City Council consider the project plans, staff report and environmental review for the East Cherry Avenue Specific Plan Project, receive public comment, and adopt a Resolution certifying the Final Environmental Impact Report and approving the project as conditioned, introduce an Ordinance to amend the Development Code, all of which reflect modifications to the project as recommended by the Planning Commission on October 4, 2016; and direct the City Clerk to file a Notice of Determination. BACKGROUND: Specific Plan Area Item 10.a. - Page 1 Figure 1. Project Location CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 2 The Specific Plan area encompasses 15.29 acres of undeveloped, vacant, and agricultural land at the southern commercial gateway of the City of Arroyo Grande (Figure 1). The plan area consists of five (5) parcels (street addresses of 490 and 112 East Cherry Avenue, and 501 Traffic Way) under three separate ownerships. For the purpose of the Specific Plan, these are organized into three subareas as shown in Table 1. Table 1. East Cherry Avenue Specific Plan Properties Subarea Current Ownership APN Existing Zoning/Land Use Acreage 1 Harshad and Vina 076-621-076, -077, -078 Traffic Way Mixed-Use 2.16 Panchal, et al. (TMU D-2.11)/ Mixed-use 2 NKT Development, LLC 076-621-079 Agriculture/ Agriculture 11.12 3 Arroyo Grande Valley 076-210-001 Agriculture/ Agriculture 2.01 Japanese Welfare Association (JWA) Total Acres 15.29 Notes: TMU D-2.11 - Traffic Way Mixed-Use with D-2.11 Design Overlay. Acreages include 0.50 acres transferred from Subarea 2 to Subarea 3 as part of an intended future lot line adjustment. Source: City of Arroyo Grande 2015a. The Specific Plan area is situated north of the Vagabond Mobile Home Park, single- family residences, and the Saint Barnabas’ Episcopal Church; east of Traffic Way and its interchange with U.S. Highway 101; south of East Cherry Avenue; and west of Launa Lane and Los Olivos Lane.Note that the three applicants associated with this project are referred to as a singular “applicant” throughout this report, unless stated otherwise. PROPOSED PROJECT OVERVIEW: The project is a Specific Plan, General Plan Amendment, Development Code Amendment, Vesting Tentative Tract Map and a Conditional Use Permit. While the first three entitlements would address the entire 15.29-acre site, the Vesting Tentative Tract Map would only address development in Subarea 2. Subarea 3 is subject to a Conditional Use Permit to allow development in that area. Although a Conditional Use Permit would be required for development in Subarea 1, none is proposed at this time. The site is divided into three subareas, with development under the Specific Plan envisioned in each as follows: Subarea 1. Proposed development within Subarea 1 would include a 90-100 room hotel and restaurant (up to 4,000 square feet). Item 10.a. - Page 2 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 3 Subarea 1 is currently zoned Traffic Way Mixed Use (TMU) with a Design Overlay (D-2.11). The primary purpose of the D-2.11 Design Overlay is to encourage the use of design elements to enhance the character and appearance of this southern commercial gateway to Arroyo Grande. The EIR evaluates potential hotel and restaurant uses, which is consistent with the property owner’s goals for this site. Changes to the current TMU zone within the Specific Plan area are proposed in order to be more consistent with the design concept set forth by the applicant, and concurred by the Architectural Review Committee (ARC). Subarea 2. Subarea 2, the largest portion of the site, is proposed for residential development. Conceptually, the EIR evaluates a 60-lot subdivision with a total of 58 single-family residential lots. Based on recent Planning Commission input, the Specific Plan and associated Vesting Tentative Tract Map have been scaled back to a 54-lot subdivision with include 51 single-family residential lots which are shown in more detail in a proposed Vesting Tentative Tract Map. Access to the project site would be via East Cherry Avenue. No private driveways will be located on East Cherry Avenue. All homes will be accessed via residential streets and alleyways. A second access is located at the future property boundary with the Subarea 3 property. The proposed Vesting Tentative Tract Map and related materials are included as Attachment 2. These are intended to be consistent with the overall proposed Specific Plan (Attachment 1). An existing drainage feature is located at the toe of the slope approximately twenty feet (20’) from the southerly border of the property. This drainage feature, created in this location due to the historical agricultural activities, takes sheet flows from the hillside below the St. Barnabas’ Church property. A 2- to 5-foot tall concrete retaining wall/drainage facility would be located along the southern boundary of the residential lots at the base of the hillside. A neighborhood park (about 0.5 acres) is planned for the interior of the project site on proposed Lots 28 and 37. Subarea 3. The JWA portion of the site is envisioned as a private historically- oriented park, featuring several gardens, landscaping, pathways, and related buildings. The proposed project plan and related architectural and design materials are included as Attachment 3. These are intended to be consistent with the overall proposed Specific Plan. The proposed Arroyo Grande Valley JWA land use plan for Subarea 3, the eastern 1.51 acres of the Specific Plan area identifies a private historically-oriented park that would highlight the Issei pioneers (first generation settlers) of Arroyo Grande. Proposed land uses would include historical residential and public assembly uses, and would provide expanded commercial use and residential density necessary for Item 10.a. - Page 3 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 4 present and future economic sustainability of the property. Specifically, Subarea 3 would include limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi-public community facilities (cultural archive and community center), visitor-serving (B&B guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). While the current Subarea 3 includes approximately 1.51 acres, an additional approximately 0.5-acre parcel would be added via the Subarea 2 Vesting Tentative Tract Map and a future lot merger. PREVIOUS PUBLIC OUTREACH EFFORTS: The applicant has provided multiple outreach opportunities to engage the community in general, with special focus on neighboring property owners. Input received through these efforts has been instrumental in guiding the ultimate project design for all three subareas. Applicant outreach efforts have included: 1. Kickoff “tent revival” meeting on January 31, 2015. 2. Formed a neighborhood group to help disseminate information. 3. Met with the neighbors approximately 5 times. 4. Continue to provide updates via email/mail. 5. Provided neighbors with a calendar of the tentative dates for all of the hearings. 6. Met with Reverend Rob Keim, Pastor of St. Barnabas, who hosted the three applicants to make a presentation after Sunday service. 7. Met with the owners of the adjacent mobilehome park. 8. Continue to update the website – www.eastcherryavenue.com. In addition, the formal CEQA process provided several opportunities for community outreach and input, especially during the Notice of Preparation and Draft EIR phases of the process. A formal workshop on the Draft EIR was held before the Planning Commission on May 17, 2016. The Draft EIR was publicly circulated from April 8 to May 23, 2016. PREVIOUS ADVISORY BODY REVIEW: The project has been considered before various advisory bodies, including the Staff Advisory Committee (June 2015, April 2016, and November 2016), Architectural Review Committee (February and August 2016), Traffic Commission (July 2016), and the Planning Commission (September 6, September 20, and October 4, 2016). The following summarizes the direction provided by each of those advisory bodies. Staff Advisory Committee The Staff Advisory Committee (SAC) conceptually reviewed the proposed project as a “Pre-SAC” item on June 10, 2015. At that time, the SAC discussed various aspects Item 10.a. - Page 4 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 5 of the project, including but not limited to long-term development concepts, and the design framework that would guide such development. The SAC’s input was used to help develop the draft Specific Plan currently proposed. The SAC considered the project again on April 27, 2016, and provided additional input and refinement to the current plan. After the project was considered by the Planning Commission in September and October 2016, SAC met on November 9, 2016 to consider a modified version of the project intended to address Planning Commission input. The SAC reviewed the revised plan, and generally concurred that it was consistent with previous staff and Planning Commission direction, although it recommended minor refinements to some condition language and the VTTM. Based on SAC input, the applicant once again updated the VTTM, consistent with modified conditions recommended by SAC. This is the VTTM under consideration by the City Council, and included as Attachment 2. It should be noted that at the November 9 SAC meeting, it was suggested that the VTTM be revised to realign the proposed Collector Road “A” so that the portion south of the northerly extension of Road “B” would be entirely within the boundaries of Subarea 2. The purpose of this would be to more easily facilitate its potential extension, should the Circulation Element be updated to call for the extension of this roadway to the south. The extension of a possible future collector road on the hillside south of the project site are not included in the existing General Plan Circulation Element. However, the General Plan, Circulation Element Map indicates a “Circulation Study Area” that surrounds South Traffic Way, U.S. Highway 101, and Castillo Del Mar. The Circulation Element Policy CT5-5 describes the intent of this study area, which states: “Define and preserve “study area” corridors and alternatives for future freeway, arterial and collector street connections, extensions, completions, reconstruction, widening, frontage road alternatives or extensions, and/or other improvements to the Circulation and Transportation networks until cooperative resolution of Element revisions and/or capital improvement programs.” Further, Policy CT5-5.3 states “when new development occurs in the vicinity of study areas or plan lines, and where legally and financially feasible, require a portion of rights-of-way and improvements associated with new development.” The East Cherry Avenue Specific Plan and the proposed collector stub are within the vicinity of the study area. The proposed collector stub is considered an improvement that may be needed to accommodate future development to the south of the site anticipated under the City’s General Plan and zoning maps. The effects of extending this collector stub will be appropriately analyzed as part of the Circulation Element update and associated CEQA documentation. Item 10.a. - Page 5 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 6 The applicant objected to the staff-suggested concept, stating that such a realignment would require removal of an additional residential lot, and that the angle of the southerly intersection of Road “A” and Road “B” would be less than the City requirement of at least 85 degrees. Staff subsequently reviewed these concerns, and ultimately found the road alignment as proposed and presented in this staff report (which is not entirely on the Subarea 2 property) to be acceptable. It should be noted, however, that staff believes it is possible to modify the VTTM to meet City intersection angle requirements, but acknowledges it would likely require substantial modification of the VTTM and lot layout. Architectural Review Committee The Architectural Review Committee (ARC) previously reviewed the proposed project on March 7, 2016, and expressed general concurrence with the design concepts presented at that time. The ARC formally reviewed the project’s proposed Design Guidelines and other applicable standards, as well as issues related to architecture, site layout and massing. The ARC recommended approval of these aspects of the project, with recommendations for further clarification of the proposed design of the hotel within Subarea 1, as well as some of the language included in the Architectural Guidelines section of the Specific Plan, as they relate to the Traffic Way Mixed Use standards as they apply to Subarea 1.The ARC reviewed the applicant’s proposed responses to these issues at its meeting on August 15, 2016. ARC recommended approval of the project with these changes. It should also be noted that the ARC expressed a general preference for including two-story residential structures along East Cherry Avenue within Subarea 2, which would be a modification of the applicant’s proposal to limit all alley-loaded residential units (including those along East Cherry Avenue) to a single story. Traffic Commission The Traffic Commission (TC) reviewed the proposed project on July 25, 2016. Their purpose was to provide input on various transportation design issues, including parking and access within each Subarea. The TC unanimously recommended approval of the project, subject to the following considerations: 1. Consider and review the proposed bike lane configuration within the Specific Plan, especially on East Cherry Avenue. 2. The proposed Tract Map for Subarea 2 should include an exhibit showing where trash would be collected, in such a way to allow for trash trucks to have adequate access. 3. Trash and mailbox areas should be designed in such a way to keep sidewalks clear. 4. Garages need to be big enough for large vehicles. 5. Clarify and confirm there will be two points of access to development within Subarea 1. 6. Clarify how proposed CC&Rs could be enforced. Item 10.a. - Page 6 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 7 7. There should be no reliance on shared parking at offsite locations for the proposed hotel and restaurant. 8. Clarify potential impacts to the Fair Oaks southbound off-ramp. Although not specifically addressed by the Traffic Commission, the Final EIR included a mitigation measure to address access considerations to Subarea 1, prior to the approval of a CUP for that area. Since a CUP is no longer being considered for Subarea 1 at this time, no further analysis of this issue is included in this staff report. Planning Commission The Planning Commission initially took public testimony on the project on September 6, and considered the project further in subsequent public hearings on September 20 and October 4, 2016. There were nineteen (19) public speakers who provided testimony on the proposed project during the meeting of September 6, 2016. Key issues raised at that meeting included traffic, water use, and the scale and character of the proposed hotel/restaurant component. The following summarizes the key issues raised through public comments on September 6, 2016: 1.Traffic Issues. Comments addressed a variety of traffic concerns, including those related to the following topics: a. Impacts related to high speeds and safety, including past accidents on Traffic Way related to tailgating; b. Impacts related to schools, especially increases in traffic in the morning; and c. Whether or not proposed “Road A” should be designed as a Collector in the location shown to accommodate potential future growth to the south, as is contemplated under a possible (but not yet adopted) Circulation Element update. 2.Water Issues. Two key issues were raised: a. Whether or not there is sufficient water supply to accommodate the proposed project; and b. Whether the potential ag water use on the Flora Road property, which is intended to be put into an agricultural easement to mitigate for the conversion of Subarea 2, was considered in the assessment that there would be a net increase in possible water supply as a result of the project. 3.Scale of Hotel and Restaurant in Subarea 1. Some comments suggested that the scale of the hotel and restaurant is too large, and that a three-story hotel is too tall. Some believed the building height was either out of scale/character with the City, or that it could block sunlight to neighboring mobile homes. (This Item 10.a. - Page 7 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 8 is no longer being considered as part of the project since the withdrawal of the CUP for Subarea 1.) 4.Bike Planning. Some comments suggested placing the proposed bike lanes on E. Cherry adjacent to the curb, for safety reasons. Other comments suggested adding bike trails from the end of the collector up the slope to the south of the project site. With respect to the traffic and water issues, the following additional information and analysis that address key concerns is included for the City Council’s consideration: Traffic. Traffic issues were addressed in detail in the Final EIR, and considered a variety of issues, including impacts to potentially affected roadways and intersections, both as a result of the proposed project and cumulative long-term development in the City. It also considers a variety of safety issues, particularly pedestrian safety. A review of the accident history along Traffic Way shows that the preponderance of accidents have been concentrated near the intersection of Traffic Way and Fair Oaks Avenue. It is expected that the proposed mitigation to signalize this intersection will greatly improve safety conditions along Traffic Way. With respect to impacts related to school traffic, especially in the morning, the EIR and related traffic study considered AM Peak Hour trips in the analysis, including AM peak hour conditions at the intersections along Traffic Way, to help determine the level of impact and appropriate mitigation measures. With respect to proposed Road “A”’s alignment, and its relationship to potential future development to the south of the project site, please see the previous discussion with regard to Staff Advisory Committee input. It should be noted that this is intended that the extension of the stubbed end of this roadway is not currently planned, nor is included as part of the proposed project. Thus, to analyze impacts of a possible future roadway to the south would be speculative. However, the collector stub is considered part of the proposed project and environmental effects associated with this roadway stub are included with project impacts in the Final EIR (e.g., Sections 3.6,Hydrology and Water Quality, 3.7, Land Use). Further, potential growth inducing impacts resulting from this collector stub have been identified within Section 4.2.4, Other CEQA Considerations. Water Use. The Final EIR evaluates where or not there is sufficient water supply for the proposed project, based on the City’s existing water portfolio in the context of buildout under the City’s General Plan. As described in the EIR, there is sufficient water supply to serve the City at General Plan buildout. In summary, the City’s existing water supplies derive from three sources: the Tri-Cities Mesa Groundwater Basin, the Arroyo Grande Alluvial Basin (a separate groundwater basin), and Lopez Reservoir. Collectively, the City’s water supply of 3,813 acre-feet Item 10.a. - Page 8 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 9 per year (AFY) is sufficient to serve the City and its future development at General Plan buildout. As described in the EIR, existing water demand on the project site from irrigated agricultural uses is estimated at 41.3 AFY. Projected water demand from development on the site would be 36.2 AFY, which would replace the current irrigated agricultural water use. Thus, there would be a net decrease in overall water demand of an estimated 5.1 AFY. Attachment 5 includes a more recent analysis (July 2016, revised October 2016) regarding potential water use in the Specific Plan area, which shows less even less water use than reported in the EIR. Attachment 5 additionally includes The agricultural mitigation parcel on Flora Road has historically been in irrigated agriculture use. The purpose of acquiring this property is to ensure that it remains in agriculture. Its past irrigation and water use characteristics would not change as a result of this mitigation measure, so this does not represent a net increase in overall water use citywide. In addition, it is out of the Tri-Cities Mesa Groundwater Basin, so its past, present and future water use at that location is not subject to limitations set forth as part of the City’s Gentlemen’s Agreement with the cities of Grover Beach and Pismo Beach, or the community of Oceano, which share water rights to that basin. At the September 20 meeting, there were seventeen (17) public speakers, many of whom were the same as those who spoke on September 6, covering many of the same issues. Some members of the Planning Commission had additional questions that expanded on these issues. Attachment 6 includes the key issues raised by the public and Planning Commission during that meeting, framed as questions, with responses by City staff and technical consultants, for the City Council’s further consideration. The applicant’s representative, Carol Florence, also gave a brief presentation on September 20, and suggested in response to public concerns raised at the September 6 meeting, that they wished to modify their proposed project as follows: Withdraw consideration of CUP 16-001, which would have accommodated the hotel and restaurant in Subarea 1; Modify the proposed Collector Road A to “knuckle” at its southerly intersection with the proposed local road serving proposed residential development. The Collector stubout south of that intersection would be removed and instead landscaped; The proposed 0.35-acre park would be expanded to be an 0.5-acre park, by removing one residential lot; and The number of residential lots would be reduced from 58 to 57. Item 10.a. - Page 9 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 10 Under this modified proposal, the Specific Plan would retain the proposed Hotel/Restaurant concept, but no development would be possible until the landowner for that area came forward with a new application for a Conditional Use Permit. At the October 4 public hearing, the applicant presented these modifications to the project to address concerns raised at the September 20 Planning Commission hearing. There were also eight (8) public speakers, several of which had already provided testimony at previous meetings. Based on the input received at all three meetings, and subsequent deliberation, the Planning Commission recommended by a 3-2 vote approval of the project as modified to reflect the most recent Planning Commission input, with the following changes to the conditions of approval then under consideration: 1. Administrative edits throughout the Resolution to appropriately reflect date action is taken; 2. Modify conditions on page 20 and page 46 – modify “\[Date\]” to June 30; 3. Add a condition to Subarea 2 for greywater infrastructure, to read: “Residences shall include infrastructure to allow for a dual water use system, with separate connections for potable and non-potable water, with the latter intended for use on landscaping”; 4. Modify condition 141 on Page 37 and 38 to require road improvements prior to issuance of a building permit; 5. Modify conditions 152 and 153 on Page 66 to require traffic signal installation and road improvements prior to issuance of a building permit; 6. Modify condition 147 on Page 94 to require road improvements prior to issuance of a building permit; 7. Add a condition of approval to Subarea 1 to require electric vehicle charging stations be installed, to read: “Any future development shall include the installation of two (2) electric vehicle charging facilities on Subarea 1, in locations determined by the Community Development Director”; 8. Add a condition of approval to Subarea 2 to require electric vehicle charge facilities be installed, to read: “Any future development shall include the installation of electric vehicle charging connections within residential garage in Subarea 2”; 9. Add a condition of approval that requires all homes in Subarea 2 to be Solar Ready; 10. Add a condition of approval that prohibits issuance of building permits for one (1) year due to drought concerns; 11. The reduction of lots facing on E. Cherry, reducing the number of buildable sites to 51; 12. Add one uncovered parking spot for each lot in the alley; 13. Widen the alley from the interior street to meet City standards; and 14. Defer Conditional Use Permit 16-001, retaining the infrastructure as offered by the applicant. Item 10.a. - Page 10 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 11 Based on this direction, the applicant for Subarea 2 subsequently revised the proposed VTTM for Subarea 2. This revised concept was presented at a Staff Advisory Committee (SAC) meeting on November 9, 2016. SAC reviewed the revised plan, and generally concurred that it was consistent with previous staff and Planning Commission direction, although it recommended minor refinements to some condition language and the VTTM. Based on SAC input, the applicant once again updated the proposed VTTM, consistent with modified conditions recommended by SAC. This is the VTTM under consideration by the City Council, and included as Attachment 2. The key changes in the proposed VTTM for Subarea 2 include: The total number of lots would be reduced to 54, with 51 of these being residential. Residential Lots 1-18 are modified in size and include one additional on-lot guest parking per lot. Two lots totaling 0.5 acres (Lots 28 and 37) would be commonly-held and maintained by the HOA, and intended for use as a park and drainage facility.One 0.43-acre remainder lot (Lot 54) is intended to be transferred to Subarea 3 as part of a subsequent lot line adjustment in order to facilitate development on Subarea 3; The easterly access road to E. Cherry Avenue from Subarea 2 is changed from a private alley to a public local road with a full 52-foot wide right-of-way and on-street parking (now known as Road “C”); No building permits for Subarea 2 shall be issued within one year of project approval (VTTM 15-001 Condition 7); All future residential development within Subarea 2 shall include the infrastructure to allow the installation of electric vehicle connections within residential garages (VTTM 15-001 Condition 21); All homes within Subarea 2 shall be designed to be “Solar Ready” (VTTM 15- 001 Condition 22); The alignment of Collector Road “A” has been modified to more clearly avoid existing improvements associated with the adjacent mobile home park that are encroaching into the property of Subarea 2 (responds to a staff concern raised at SAC; addressed in VTTM 15-001 Condition 76); As previously proposed, Collector Road A would “knuckle” at its southerly intersection with the proposed local road serving proposed residential development. However, the stubout area south of that intersection would be left as an unimproved decomposed granite surface. The map includes revised drainage and utility easements (VTTM 15-001 Condition 76); The map includes revised drainage and utility easements (VTTM 15-001 Conditions 82 and 83); All drainage facilities within Lot 28 and along the southern tract map boundary shall be maintained by the HOA (VTTM 15-001 Condition 94); Residences shall include infrastructure to allow for a dual use water system, with separate connections for potable and non-potable water, with the latter intended for use on landscaping (VTTM 15-001 Condition 100); Item 10.a. - Page 11 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 12 The required new traffic signal at Fair Oaks Avenue/Traffic Way must be installed prior to the issuance of the first building permit in Subarea 2 (VTTM 15-001 Condition 162 and Mitigation Measure MM TRANS-2a); and The required new right turn lane at the intersection at the East Grand Avenue and West Branch Street must be installed prior to the issuance of the first building permit in Subarea 2 (VTTM 15-001 Condition 163 and Mitigation Measure MM TRANS-3a). The Specific Plan has been updated to reflect this modified development concept for Subarea 2. It should be noted that at the November 9, 2016 SAC meeting, it was suggested that the VTTM be revised to realign the proposed Collector Road “A” so that the portion south of the northerly extension of Road “B” would be entirely within the boundaries of Subarea 2. The purpose of this would be to more easily facilitate its potential extension, should the Circulation Element be updated to call for the extension of this roadway to the south. The applicant objected to this concept, stating that such a realignment would require removal of an additional residential lot, and that the angle of the southerly intersection of Road “A” and Road “B” would be less than the City requirement of at least 85 degrees. Staff subsequently reviewed these concerns, and ultimately found the road alignment as proposed and presented in this staff report (which is not entirely on the Subarea 2 property) to be acceptable. It should be noted, however, that staff believes it is possible to modify the VTTM to meet City intersection angle requirements, but acknowledges it would likely require modification to the VTTM and loss of an additional residential lot. With respect to Subarea 1, the Specific Plan would retain the proposed Hotel/Restaurant concept, but no development would be possible until the landowner for that area came forward with a new application for a Conditional Use Permit. At that time, the proposed development concept would be evaluated for consistency with the Specific Plan, and additional CEQA review may be required, as appropriate. The Resolution and Conditions of Approval included for the City Council’s consideration reflect these changes, and form the basis of staff’s recommendation. It should be noted, however, that the Planning Commission recommendations that applied to Subarea 1 are not reflected in the Resolution and conditions, because the CUP application for Subarea 1 is not being considered for approval at this time. No changes to the development concept for Subarea 3 are proposed as compared to what was considered and recommended for approval by the Planning Commission. A complete summary of all public comments received on the project is included as Attachment 7 to the staff report. Item 10.a. - Page 12 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 13 City Council The City Council authorized the initiation of a Specific Plan for the project area on July 8, 2014. The City Council also considered policy-related mitigation for potential agricultural impacts related to the project in July 2015 and July 2016. No action related to the land use pattern or design framework of the Specific Plan was considered or taken at either meeting. POST-PLANNING COMMISSION CORRESPONDENCE: Since the Planning Commission’s October 4 hearing, staff has received various project-related correspondence, all of which is included in Attachment 7. A letter from Caltrans, dated November 30, 2016, is discussed later in the staff report, under “CEQA Process—Environmental Impact Report (EIR)”. ANALYSIS OF ISSUES: Legislative vs. Judicial Acts Every decision a local government makes can be placed into one of three categories – legislative, quasi-judicial or ministerial: Legislative acts are those that create policy, such as general plan updates, zoning ordinances or specific plans.These acts establish local law – rules that apply to everybody within the jurisdiction. Under California law, legislative acts are subject to initiative and referendum. Quasi-judicial acts are those that apply policy (created through legislative acts) to projects, such as consideration of tentative maps or use permits. These acts are discretionary, based on the decision-makers interpretation and application of policy to a particular project. Quasi-judicial acts are not subject to initiative or referendum. Ministerial acts are those that require no discretion on the part of the local government, such as the mandatory issuance of a permit if certain conditions are met. The proposed project would be both a legislative (General Plan Amendment, Development Code Amendment, and Specific Plan) and quasi-judicial action (Tract Map and Conditional Use Permits). Therefore, the approval authority for the project rests with the City Council. Project Entitlements Each of the proposed entitlements is briefly described below, with key features of each summarized as necessary. Item 10.a. - Page 13 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 14 General Plan Amendment 15-001. The applicant has requested a General Plan Amendment to modify the City’s General Plan land use map to accommodate updated land use designations that would be envisioned under the East Cherry Avenue Specific Plan. Land use designations within the 15.29-acre site would change as shown on Table 2 below: Table 2. General Plan Amendment – Proposed Land Use Designations Portion of SP Area Existing Land Use Proposed Land Use Acreage Designation Designation Subarea 1 Traffic Way Mixed UseNo change 2.16 Subarea 2 Agriculture SFR Medium Density 11.12 Subarea 3 Agriculture Mixed Use 2.01 Note: The entire Specific Plan area will retain its existing Specific Plan overlay designation With these proposed changes, the Specific Plan would be consistent with the General Plan land use map as amended. In addition, the proposed General Plan Amendment would amend the Agriculture, Conservation and Open Space Element Creek Locations Map. Based on an evaluation of current and historic conditions, and the determination by the U.S. Army Corps of Engineers that the onsite agricultural drainage located at the southern boundary of the Project site is not a Waters of the U.S. or a natural stream or river under jurisdiction of the California Department of Fish and Wildlife (City of Arroyo Grande 2015d), this amendment would remove its status as a drainage way subject to City policies from the General Plan Agriculture, Conservation and Open Space Element’s Creek Locations Map COS-1. The Final EIR evaluates this amendment, and agrees this conclusion, as stated in Section 3.4.1.2. of that document: “The drainage ditch along the southern edge of the Project site directs overflows from the adjacent sloping hillside and fields within the site so that the Project site does not flood. This drainage was excavated on dry land and is regularly maintained under agricultural practices, and historic topographic maps show that there was no historic tributary within or adjacent to the site (see Appendix F of the FEIR; Erin M. Hanlon, U.S. Army Corps of Engineers, 2015). The drainage ditch is listed as a riverine wetland type by the National Wetlands Inventory (USFWS 2015b), and a drainage way in the City General Plan (City of Arroyo Grande 2007). Based on the evaluation of current and historic conditions, the onsite drainage ditch does not fall under the jurisdiction of the U.S. Army Corps of Engineers (USACE) or California Department of Fish and Wildlife (CDFW; Hanlon 2015).” Item 10.a. - Page 14 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 15 East Cherry Avenue Specific Plan (Specific Plan 15-001). Under California law (Government Code §65450-65457), a Specific Plan is a planning tool that allows a community to articulate a vision for a defined area and apply guidelines and regulations to implement that vision. The City’s General Plan calls for a Specific Plan to guide development within the project area that defines land uses, creates an integrated circulation system, coordinates infrastructure, and provides development standards. The East Cherry Avenue Specific Plan (Specific Plan) provides a bridge between the City’s General Plan and detailed plans, such as development plans and subdivisions. It provides guidance for all facets of future development within the area including the designation of land uses, designation of required access and circulation elements, location and sizing of infrastructure, phasing of development, financing methods for public improvements, and the establishment of standards of development. Projects submitted to the City will be required to comply with the land use and development standards in the Specific Plan. The Specific Plan is intended to also serve as the City’s long-range plan for the development and on-going use of the various properties within the boundaries of the Specific Plan. Proposed development within each of the three subareas included in the Plan is described more fully in this staff report under Project Overview. Proposed development standards for each subarea are summarized below. The entire Specific Plan is included in this staff report as Attachment 1. Subarea 1. Subarea 1 is currently zoned Traffic Way Mixed Use (TMU) with a Design Overlay (D-2.11). The primary purpose of the D-2.11 Design Overlay is to encourage the use of design elements to enhance the character and appearance of this southern commercial gateway to Arroyo Grande. Uses allowed within the TMU zone are limited to automobile and light truck sales and services and related automotive parts stores, repair shops, and similar vehicle sales, services and accessory uses. All other permitted uses and Minor Use permitted uses would be considered subject to a Conditional Use Permit. The Specific Plan would amend the existing TMU standards to address architectural and design issues, as directed by the ARC (see discussion earlier in the staff report). However, these amended standards would apply only to the area within the Specific Plan, and not communitywide. Existing TMU standards that apply elsewhere in the City would remain in place unchanged. A summary of development standards within the Specific Plan TMU district is provided in Table 3. Item 10.a. - Page 15 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 16 Table 3. Specific Plan Traffic Way Mixed-Use (TMU) District Development Standards Development Standard Traffic Way Mixed-Use (TMU) Requirement Maximum Density Mixed-Use Projects New residential limited to live-work units in conjunction with allowed uses. Density determined by discretionary action. Minimum Lot Size 10,000 square feet (gross) Minimum Lot Width 80 feet Front Yard Setback 0 - 15 feet. Exceptions may include areas for outdoor sales determined through discretionary action. Rear Yard Setback 0 - 15 feet. Wherever a lot in any commercial or mixed-use district abuts a residential use or a lot in any residential use district, a minimum building setback of 20 feet measured from the property line shall be required for proposed commercial use.). Side Yard Setback 0 feet. Wherever a lot in any commercial or mixed-use district abuts a residential use or a lot in any residential use district, a minimum building setback of 20 feet measured from the property line shall be required for proposed commercial use. Street Side Yard Setback 0 - 15 feet. Exceptions may include areas for outdoor sales determined through discretionary action. Building Size Limits Maximum height is 30 feet or three stories, whichever is less; a maximum of 36 feet is allowable through the CUP process for visitor serving uses. Maximum building size is 50,000 square feet; a greater size may be allowed through the CUP process. Site Coverage and Floor Area Ratio Maximum coverage of site is 75 percent. Maximum floor area (FAR) ratio is 0.75. Site Design and Signs See Design Guidelines and Standards D-2.11. Additional sign standards also in Chapter 16.60 Off-Street Parking and Loading See Design Guidelines and Standards D-2.11 Exhibit A for shared parking locations. See Also Section 16.56.020. Exceptions allowed by Section 16.16.120 Source: City of Arroyo Grande 2015a. Subarea 2. Development within Subarea 2 would be subject to the Specific Plan Village Residential (VR) District standards, included in Appendix B of the Specific Plan. These regulations, while based on the City’s existing Development Code, are specific to this area, and supersede any existing Development Code requirements that might otherwise conflict. Development would also be subject to the East Cherry Avenue Specific Plan Design Guidelines, which are included as Appendix E of the proposed Specific Plan. These regulations are specific to this area, and focus on architectural and design issues. These were reviewed by the ARC, who recommended them for forwarding to the Planning Commission and City Council for potential approval. Item 10.a. - Page 16 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 17 A summary of development standards within the Specific Plan Village Residential (VR) District is provided in Table 4. Table 4. Specific Plan Village Residential (VR) District Development Standards Village Residential (VR) Requirement Development Standard Maximum Density (units/gross acre) 5.0 dwelling units per gross acre Minimum Lot Size 4,475 net square feet Minimum Lot Width 50 feet at building setback Minimum Average Lot Depth 88 feet Minimum Front Yard New Subdivisions 15 feet to residential structure, 10 feet to porch, 20 feet to 1 of 5+ Lots front loaded garage Infill and Additions Setbacks listed above or the average setback of structures to the street on either side and directly across block front for properties in the same district. Minimum Interior Side Yard Setback 5 feet 1 Minimum Front/Street Yard Setback 10 feet building, 5 feet to porch, 18 feet to garage 2 Minimum Rear Yard Setback 10 feet (1-story), 15 feet (2-story) Maximum Lot Coverage 55 percent at alley loaded residential structures, 50 percent at street loaded residential structures Maximum Height 30 feet or 2 stories, whichever is less; 14 feet for accessory buildings Minimum Distance between Buildings 10 feet, including between main dwellings and accessory structures Fencing Setback 5 feet from property line, 0 feet from access easement Floor Area Ratio (FAR) Lot Size FAR 0—4,000 square feet net 0.35 4,001—7,199 square feet net 0.55 7,200—11,999 square feet 0.50 net 3 PARKING Single-family Homes 2 spaces/unit within an enclosed garage 1 The East Cherry Avenue Specific Plan Design Guidelines encourages varying setbacks by as much as 5 feet. 2 Infill development on a parcel within a previously approved project. Where the City has established specific setback requirements for single-family or multi-family residential parcels through the approval of a specific plan, subdivision map, planned unit development, or other entitlement, those setbacks shall apply to infill development and additions within the approved project. 3 Chapter 16.32 Residential Districts Section 16.32.030 F. Special Use Regulations for the Village Residential District shall apply. 4 Source: City of Arroyo Grande 2015a. Subarea 3. Development within Subarea 3 would be subject to the Specific Plan Village Mixed Use (VMU) District standards, included in Appendix B of the Specific Item 10.a. - Page 17 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 18 Plan. These regulations, while based on the City’s existing Development Code, are specific to this area, and supersede any existing Development Code requirements that might otherwise conflict. A summary of development standards within the Specific Plan Village Mixed-Use (VMU) District is provided in Table 5. Table 5. Village Mixed-Use (VMU) District Development Standards Development Standard Village Mixed-Use (VMU) Requirement Maximum Density 15 dwelling units per gross acre Minimum Lot Size 5,000 square feet Minimum Lot Width 40 feet Front Yard Setback 0 - 15 feet Rear Yard Setback 0 - 15 feet. 10 feet required when the project abuts a residential district. Side Yard Setback 5 feet when the project abuts a residential district for single-story 1 structures and 10 feet is required, on one side, for a multiple stories. Street Side Yard Setback 0 - 15 feet. Building Size Limits Maximum height is 30 feet or three stories, whichever is less; a maximum of 36 feet is allowable through the MUP process. Maximum building size is 10,000 square feet. Site Coverage and Floor Area Ratio Maximum coverage of site is 100 percent. Maximum floor area ratio is (FAR) 1.0. Site Design See Specific Plan Design Guidelines (see Design Guidelines and 2 Standards for Historic Districts) Off-Street Parking and Loading See parking below. \[See Section 16.56.020(C)\]. Signs See Chapter 16.60 Signage 3, 4 PARKING Senior housing – independent living Studio - 1 space /unit 1+ Bedrooms – 1 space/unit Public and semi-public buildings 1 space/5 fixed seats or 1 space/50 square feet of floor area designed for public assembly General retail 1 space/300 square feet of gross floor area accessible to the public, excluding restrooms Hotels & motels, includes B&B 1 parking space/unit, and 2 parking spaces for the manager’s office, as applicable Outdoor sales 1 space/2,000 sf open area for the first 10,000 sf, then 1 space/5,000 sf greater than 10,000 sf 1 The proposed archive building is exempt from these requirements, as it will be reconstructed in the original location of the former hall building. 2 Design Guidelines and Standards for the Historic Character Overlay District (D-2.4) are noted for reference only, as the East Cherry Avenue Specific Plan Design Guidelines shall prevail. 3 Parking required for residential use in mixed-use projects does not need to be covered. See Municipal Code Section 16.56.060 Item 1. 4 Required parking may be reduced pursuant to Municipal Code Section 16.56.050. 5 Source: City of Arroyo Grande 2015a. Item 10.a. - Page 18 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 19 Development Code Amendment 15-001. The intent of the proposed Development Code Amendment is to replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan, as described above. It would also amend the existing zoning map to be consistent with the standards shown above. Vesting Tentative Tract Map (VTTM 15-001; for Subarea 2). Development within Subarea 2 would be subject to a Vesting Tentative Tract Map (Attachment 4). The VTTM includes details that go beyond those included in the Specific Plan, including information on lot locations, roadways, drainage, grading, and other information typically associated with Tentative Maps. That said, the VTTM is intended to be consistent with the Specific Plan, and implements the VR zoning standards as well as the Design Guidelines contained in the Specific Plan. The VTTM also includes details regarding proposed roadways and circulation improvements. These were reviewed in detail by the Traffic Commission, and there was general concurrence, as described previously in this staff report. Conditions of Approval for the VTTM are included in the attached Resolution. The 158 conditions cover issues ranging from inclusionary housing requirements, building and fire safety, circulation design, grading, drainage and other infrastructure design, water, sewer, utilities, fees, and a variety of mitigation measures that were included in the Final EIR. Staff’s review of the VTTM is that, as conditioned, it is consistent with the Specific Plan, both in terms of development potential and design. The basis development parameters allowed under the VTTM are described previously in this staff report in the Project Overview for Subarea 2. Conditional Use Permit (CUP 15-004; for Subarea 3). Development within Subarea 3 would be subject to a Conditional Use Permit, and the Conditions of Approval are included in the attached Resolution. The 150 conditions cover issues ranging from inclusionary housing requirements, building and fire safety, circulation design, grading, drainage and other infrastructure design, water, sewer, utilities, fees, and a variety of mitigation measures that were included in the Final EIR. Many are the same as those included for Subarea 2, but several are unique to this area, while some that are required for Subarea 2 do not apply to this subarea. As described in the discussion under Previous Advisory Body Review, the revised project concept being presented to the City Council reflects the recommendations of the Planning Commission, and considers public input received. Staff has reviewed the proposed modifications to the project, and recommends approval of the project as revised. Item 10.a. - Page 19 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 20 CEQA PROCESS – ENVIRONMENTAL IMPACT REPORT (EIR): In compliance with the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) has been prepared for the project. A Draft EIR that considered the potential impacts of the project was prepared and addressed the following issues: Aesthetics and Visual Resources Agricultural Resources Air Quality and Greenhouse Gas Emissions Biological Resources Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Noise Recreational Resources Transportation and Traffic Utilities and Service Systems Other Required CEQA Disclosures Consistent with CEQA Guidelines (Section 15126.6\[d\]), the EIR assessed a reasonable range of alternatives to the Project that could feasibly attain the project objectives while avoiding or substantially lessening any of the significant effects of the Project. These include the following: No Project Alternative (two approaches: no development or development under existing zoning) Reduced Development Alternative Other potential alternatives were rejected from further consideration in the Draft EIR because they did not meet project objectives, or did not lessen potential identified impacts. The Draft EIR was publicly circulated from April 8 to May 23, 2016. A formal workshop on the Draft EIR was held before the Planning Commission on May 17, 2016. Based on input received through these efforts, a Final EIR was prepared (Attachment 4). The Mitigation Measures from that document are included as Conditions of Approval, as applicable to the three subareas for which specific entitlements have been requested. An addendum to the water use assessment was also prepared for the project, included as Attachment 7. The addendum demonstrates how the project is in compliance with statewide emergency water conservation requirements. Item 10.a. - Page 20 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 21 In addition, appropriate CEQA Findings have been made that would allow approval of the Specific Plan and related entitlements. It also describes why potential alternatives were rejected or discarded, either because they do not meet project objectives, or because of other reasons related to not reducing potential identified impacts. These Findings are included in the attached Resolution. As identified in the Final EIR and CEQA Findings, the following adverse impacts of the proposed project are considered significant and unavoidable (not fully mitigable): A. Project-Level Impacts Impact AQ-2: The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. Impact AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD’s 2001 Clean Air Plan. Impact TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1 which requires improvement to LOS D. B. Cumulative Impacts Air Quality and Greenhouse Gas Emissions: Long-term operation of the proposed Project would contribute cumulatively and considerably to localized air quality emissions throughout the City and region. Transportation and Traffic:Under cumulative conditions, significant LOS impacts would continue to occur at the intersection of East Grand Avenue/West Branch Street, which cannot be readily mitigated in a known timeframe because of lack of funding and programming. Although there are mitigation measures included to address these impacts, they would not reduce potential impacts to a less than significant level. In addition, there are no potential project alternatives that meet project objectives that would reduce such impacts to a less than significant level. Section 15093 of the CEQA Guidelines requires that a decision-making agency balance the economic, legal, social, technological, or other benefits of a proposed Project against its unavoidable impacts. When the lead agency approves a project that will result in significant effects identified in the Final EIR that are not avoided or Item 10.a. - Page 21 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 22 substantially lessened, the agency must state in writing the reasons in support of its action based on the Final EIR and the information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. Accordingly, a Statement of Overriding Considerations with respect to the proposed Project's significant unavoidable impacts has been prepared, and is included as part of the CEQA Findings. The Final EIR must be certified by the City Council prior to (or concurrent with) potential project approval. Staff has determined that the existing CEQA documentation would be adequate to act as the basis for the revised proposal as described above, and the related CEQA Findings and Mitigation Measures have been modified to address these changes. It should be noted that because the long-term development potential under the Specific Plan would not change, the essential conclusions regarding the significance of impacts within the Final EIR are not substantially modified. Caltrans Letters of November 30, 2016 and December 12, 2016. The City received a letter from Melissa Streder of Caltrans District 5, dated 30 November 2016, in which various concerns were raised regarding the notification process under CEQA, as well as technical issues that relate to the EIR traffic analysis. A subsequent letter was sent by Larry Newland of Caltrans on December 12, 2016 to make corrections to the earlier Caltrans letter. Both letters are included as Attachment 8. Although, Caltrans clearly acknowledges that proper CEQA notification was made and the traffic methodology is sufficient, key issues are summarized and discussed below. CEQA Process and Notification. The Caltrans letter acknowledges that the agency received the Notice of Preparation (NOP) for the EIR, which was distributed by the State Clearinghouse in October 2015. The purpose of the NOP is to ask for input on issues to be addressed in the EIR, including any direction on methodologies and technical approaches to the analysis. However, Caltrans failed to respond to the NOP, as acknowledged in the November 30, 2016 letter. Absent a response to the NOP, the City worked with the traffic consultant to develop a methodology and approach to the analysis that is consistent with City requirements and standard industry practice. Caltrans has acknowledged that the traffic methodology is sufficient. Caltrans originally asserted that they did not receive a copy of the Draft EIR, and had they done so, would have responded with comments on the analysis included in that document. In response, City staff and the EIR consultant contacted the State Clearinghouse to determine if they had distributed the Draft EIR to Caltrans District 5. The Clearinghouse did in fact send a copy of the Draft EIR to Caltrans on April 8, 2016, addressed to Larry Newland. This was the first day of the 45-day public review period, which ended on May 23, 2016. Under CEQA, a Lead Agency is not required Item 10.a. - Page 22 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 23 to respond to comments received after the close of the public review period. Caltrans has acknowledged that the City followed proper protocol and provided legally appropriate and adequate notification. Nevertheless, a response to the issues identified by Caltrans is provided in this staff report as a courtesy, because the letter raises technical issues that merit a response in order for the City Council to make a fully informed decision on the project. Traffic Study Technical Approach. Caltrans originally asserted that the technical approach and methodology used in the traffic study and EIR are flawed, and do not adequately consider potential impacts to Caltrans facilities, notably the U.S. Highway 101/Fair Oaks southbound offramp. The EIR traffic consultant, Omni-Means, has provided a detailed response to the technical issues raised in the November 30, 2016 Caltrans letter. This is also included in Attachment 8. In summary, the Transportation Impact Analysis (TIA) and EIR analysis used the Highway Capacity Manual (HCM) methodology that is the industry standard, and consistent with what Caltrans desired. Based on this methodology, the analysis shows that project impacts to the southbound US 101/Fair Oaks offramp would be less than significant, per City thresholds. Caltrans has acknowledged that the traffic methodology and analysis is sufficient. It should be noted that Caltrans is not considered a “Responsible Agency” under CEQA, since there is no aspect of the proposed project over which Caltrans has permitting authority. For that reason, and because there was no response from Caltrans on either the NOP for the project or the Draft EIR, it is entirely appropriate that the City used a methodology consistent with City requirements and industry standards, without further consultation with Caltrans Conclusion. Based on the above discussion, and the detailed technical response, the Final EIR and its conclusions remain unchanged with respect to the traffic analysis. The impact to the southbound US 101/Fair Oaks off-ramp remains less than significant per City thresholds, and no additional mitigation measures are required. Nevertheless, Caltrans, remains concerned regarding the existing conditions of ramp queuing and ramp operations. The City has previously applied for and received grant funding through Congestion Mitigation and Air Quality Improvement (CMAQ) Programmingto investigate opportunities to improve operations in the vicinity of the Fair Oak off-ramp. However, the City is required to solely support the initial phase of study before accessing grant funds. In agreement with the applicant, a condition of approval has been included for the applicant to pay the local matching fund contribution toward the study and implementation in order to assist the City in partnership with Caltrans to assess options to improve the operations of the Fair Oaks Avenue Corridor, including the ramp intersection. Item 10.a. - Page 23 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 24 ALTERNATIVES: It is recommended that after opening the public hearing and taking public testimony, that the City Council takes action on one of the five (5) options listed below: 1. Adopt the attached Resolution approving the project, which will result in the following actions: a. Certifying the project’s Final Environmental Impact Report as well as adopt the Mitigation Monitoring and Reporting Program as conditions of approval; b. Approving General Plan Amendment 15-001, amending the General Plan land use map in order to facilitate approval of the East Cherry Avenue Specific Plan; c. Approving the East Cherry Avenue Specific Plan; d. Approving Vesting Tentative Tract Map 15-001 for Subarea 2 as conditioned; e. Approving Conditional Use Permit 15-004 allowing development on Subarea 3; and f. Introducing the attached Ordinance approving Development Code Amendment 15-001. 2. Make modifications determined to be necessary or appropriate, adopt the attached Resolution and introduce the attached Ordinance; 3. Refer the Project back to staff for additional analysis; 4. Provide specific findings for denial and direct staff to return with appropriate supporting resolutions denying the project; or 5. Provide other direction to staff. ADVANTAGES: The proposed project provides the community with single-family residential, commercial, passive recreational, public assembly and cultural infill development. DISADVANTAGES: The project will convert undeveloped agricultural land to residential and commercial uses. PUBLIC NOTIFICATION AND COMMENTS: A notice of public hearing was mailed to all property owners within 300’ of the project site and property owners on Trinity Avenue, Posted at City Hall and on the City’s Website on December 29, 2016. The notice of public hearing was published in the Tribune on December 30, 2016. A sign announcing the public hearing was posted at the Traffic Way frontage of the project site on November 30, 2016, in accordance with City policy. A second sign was constructed on the Cherry Avenue frontage as Item 10.a. - Page 24 CITY COUNCIL CONSIDERATION OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT JANUARY 10, 2017 PAGE 25 well. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Public input received to date is included as Attachment 7. Attachments: 1. Proposed East Cherry Avenue Specific Plan (including appendices) 2. Vesting Tentative Tract Map 15-001 and related materials for Subarea 2; includes applicant-proposed modifications to address Planning Commission and SAC input (dated November 15, 2016) 3. Project Plans and related materials for Subarea 3 4. Final EIR (Technical Appendices available on the City’s website) 5. Memorandum dated July 24, 2016 regarding water use within the Specific Plan area 6. Responses to Key Questions Raised at September 20, 2016 Planning Commission Public Hearing 7. Public Comment Letters or Emails 8. Correspondence with Caltrans Item 10.a. - Page 25 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CERTIFYING THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT AND RELATED CEQA FINDINGS; AND APPROVING THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT: GENERAL PLAN AMENDMENT 15-001; SPECIFIC PLAN 15-001; VESTING TENTATIVE TRACT MAP 15-001; CONDITIONAL USE PERMIT 15-004; AND DIRECTING THE CITY CLERK TO FILE THE NOTICE OF DETERMINATION: LOCATION – EAST CHERRY AVENUE AND TRAFFIC WAY; APPLICANTS – MANGANO HOMES, INC. AND ARROYO GRANDE VALLEY JAPANESE WELFARE ASSOCIATION WHEREAS , the project site includes the area identified that encompasses the East Cherry Avenue Specific Plan, consistent with the boundaries set forth in the City’s General Plan; and WHEREAS , the City Council authorized the initiation of a Specific Plan for the project area on July 8, 2014; and WHEREAS ,the City’s General Plan calls for a Specific Plan to guide development within the project area that defines land uses, creates an integrated circulation system, coordinates infrastructure, and provides development standards; and WHEREAS , the Specific Plan area includes three subareas, identified as Subarea 1, 2 and 3, for which there are pending separate proposed development entitlements for Subarea 2 and 3; and WHEREAS , the applicant has filed General Plan Amendment 15-001 to modify the City’s General Plan Land Use Map to accommodate updated land use designations that would be envisioned under the East Cherry Avenue Specific Plan; and WHEREAS , the applicant has filed Specific Plan 15-001 to provide a regulatory framework to accommodate development under the East Cherry Avenue Specific Plan, consistent with the intent of the General Plan, and prepared pursuant to California and City law (Government Code §65450-65457 and AGMC §16.16.030); and WHEREAS , the applicant has filed Development Code Amendment 15-001, the intent of which is to replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan. It would also amend the existing Zoning Map to be consistent with that included in the Specific Plan; and WHEREAS , the applicant for Subarea 2 has filed Vesting Tentative Tract Map VTTM 15- 001 (the “Map”), to accommodate a 54-lot subdivision with a total of 51 residential lots Item 10.a. - Page 26 RESOLUTION NO. PAGE 2 and supporting park and drainage infrastructure within that area. The map includes details that go well beyond those included in the Specific Plan, including information on lot locations, roadways, drainage, grading, and other information typically associated with tentative maps. The Map is intended to be consistent with the Specific Plan, and implements the Village Residential (VR) zoning standards as well as the Design Guidelines contained in the Specific Plan. The Map also includes details regarding proposed roadways and circulation improvements. Conditions of Approval for the Map are attached to this Resolution as Exhibit A; and WHEREAS , the applicant for Subarea 3 has filed Conditional Use Permit CUP 15-004, to accommodate development within that area, including limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi- public community facilities (cultural archive and community center), visitor-serving (Bed & Breakfast guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). Conditions of Approval are attached to this Resolution as Exhibit B; and WHEREAS , there has been extensive public outreach from January 2015 through August 2016 that was critical to inform the design of the Specific Plan and related development entitlements; and WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project at a duly noticed public hearing on September 20, 2016, and subsequently on October 4, 2016, at which time it recommended revisions to the proposed project, and recommended that this revised project be approved by City Council; and WHEREAS, the City Council 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 reviewed the Final Environmental Impact report (Final EIR), which addresses all entitlements previously described; and WHEREAS, the City Council has previously reviewed mitigation requirements related to potentially significant policy-related Agricultural impacts within Subareas 2 and 3, and determined that such impacts are already adequately mitigated, pursuant to direction provided on July 28, 2015 (in the case of Subarea 2), and July 26, 2016 (in the case of Subarea 3); and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: General Plan Amendment 15-001 Findings: 1. The proposed General Plan Amendment is consistent with the goals, objectives, policies and programs of the General Plan and will not result in Item 10.a. - Page 27 RESOLUTION NO. PAGE 3 any internal inconsistencies within the plan. The proposed General Plan Amendment is consistent with the goals, objectives, policies, and programs of the General Plan as it would allow housing, commercial uses and historic/cultural development within the Specific Plan area at a density and design that is compatible with the nearby residential neighborhood and other surrounding land uses. 2. The proposed amendment will not adversely affect the public health, safety and welfare; The proposed General Plan Amendment would allow development under a Specific Plan that, as conditioned, would not create issues with open space and support facilities. 3. The potential environmental impacts of the proposed amendment are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts; The proposed General Plan Amendment and related project entitlements have been reviewed 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 the impacts of the proposed project have been included in a Final Environmental Impact Report (EIR) dated July 2016 (State Clearinghouse Number 2015101067), such that most impacts have been reduced to an insignificant level through required mitigation measures. As identified in the Final EIR and CEQA Findings, the following adverse impacts of the proposed project are considered significant and unavoidable (not fully mitigable): A. Project-Level Impacts Impact AQ-2: The proposed Project would result in significant long- term operation-related air quality impacts generated by area, energy, and mobile emissions. Impact AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD’s 2001 Clean Air Plan. Impact TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1, which requires improvement to LOS D. Item 10.a. - Page 28 RESOLUTION NO. PAGE 4 B. Cumulative Impacts Air Quality and Greenhouse Gas Emissions: Long-term operation of the proposed Project would contribute cumulatively and considerably to localized air quality emissions throughout the City and region. Transportation and Traffic: Under cumulative conditions, significant LOS impacts would continue to occur at the intersection of East Grand Avenue/West Branch Street, which cannot be readily mitigated in a known timeframe because of lack of funding and programming. A Statement of Overriding Considerations with respect to the Project's significant unavoidable impacts has been prepared, pursuant to Section 15093 of the CEQA Guidelines, which require that a decision-making agency balance the economic, legal, social, technological, or other benefits of a proposed Project against its unavoidable impacts. This is included as part of the CEQA Findings for the proposed project, as Exhibit C of this Resolution. Specific Plan 15-001 Findings: 1. The proposed Specific Plan is consistent with the goals, objectives, policies and programs of the General Plan. The proposed Specific Plan would provide a regulatory framework to accommodate development under the related Vesting Map and Conditional Use Permit for two subareas within the Specific Plan area, consistent with the intent of the General Plan, and prepared pursuant to California law (Government Code §65450-65457). 2. The proposed Specific Plan will not adversely affect the public health, safety and welfare or result in an illogical land use pattern; The proposed Specific Plan would permit housing, commercial uses and historic/cultural development within its boundaries at a density and design that is compatible with the nearby residential neighborhood and other surrounding land uses. 3. The proposed Specific Plan is necessary and desirable in order to implement the provisions of the General Plan; The proposed Specific Plan will implement the provisions of the General Plan as amended. 4. The development standards contained in the proposed Specific Plan will result in a superior development to that which would occur using standard zoning and development regulations. Item 10.a. - Page 29 RESOLUTION NO. PAGE 5 The development standards contained in the proposed Specific Plan would result in superior development with coordinated roadway and utility infrastructure, as well as sufficient parking for all proposed development. 5. The potential environmental impacts of the proposed Specific Plan are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts; The proposed Specific Plan and related entitlements have been reviewed 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 the impacts of the proposed project have been included in a Final Environmental Impact Report (EIR) dated July 2016 (State Clearinghouse Number 2015101067). Details with respect to potential impacts and CEQA Findings are described under Item 3 with respect to the General Plan Amendment for all related entitlements. Vesting Tentative Tract Map VTTM 15-001 (Subarea 2) Findings: 1. The proposed tentative tract map is consistent with the 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 Vesting Tentative Tract Map would allow the subdivision of 11.12 acres into fifty-four (54) lots consistent, including fifty-one (51) for the development of single-family detached housing that is consistent with the General Plan. 2. The site is physically suitable for the type of development proposed. The site is 11.12 acres of vacant land adjacent to existing residential development, and is physically suitable for the type of residential development proposed. 3. The site is physically suitable for the proposed density of development. The site is 11.12 acres of vacant land adjacent to existing residential development, and is physically suitable for the density of residential development proposed. 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. The proposed tract map has been reviewed 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 the Item 10.a. - Page 30 RESOLUTION NO. PAGE 6 impacts of the proposed project have been included in a Final Environmental Impact Report (EIR) dated July 2016 (State Clearinghouse Number 2015101067). Details with respect to potential impacts and CEQA Findings are described under Item 3 with respect to the General Plan Amendment for all related entitlements. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision would result in a development of appropriate density, consistent with the density of adjacent residential uses, and would include all necessary infrastructure, roadways improvements, and parking. 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 the 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. There are no easements for the public-at-large currently on the subject property. Appropriate utility infrastructure easements and emergency access will be provided and recorded to ensure adequate access is maintained for emergency response purposes. 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. th The proposed development will retain the 95 percentile of water discharge on site and excess discharge will be directed to a new drainage basin on site, which is set aside as one of the proposed lots within the subdivision. No discharge of waste will result in a violation identified in Division 7 of the California Water Code. 8. Adequate public services and facilities exist or will be provided as the result of the proposed tentative tract map to support project development. There are adequate provisions for public services to serve the project development and no deficiencies exist. Conditional Use Permit 15-004 (Subarea 3) 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 this title, the goals, and objectives of the Arroyo Grande General Plan, and Item 10.a. - Page 31 RESOLUTION NO. PAGE 7 the development policies and standards of the City. The proposed development on the subject property is consistent with the General Plan as amended, and with the Specific Plan. It is envisioned as a private historically-oriented park, featuring several gardens, landscaping, pathways, and related buildings. The proposed Arroyo Grande Valley JWA land use plan for Subarea 3, the eastern 2.01 acres of the Specific Plan area identifies a private historically-oriented park that would highlight the Issei pioneers (first generation settlers) of Arroyo Grande. Proposed land uses would include historical residential and public assembly uses, and would provide expanded commercial use and residential density necessary for present and future economic sustainability of the property. Specifically, Subarea 3 would include limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi- public community facilities (cultural archive and community center), visitor- serving (B&B guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). 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 land use plan for Subarea 3, the eastern 2.01 acres of the Specific Plan area, identifies a private historically-oriented park that Њ would highlight the Issei pioneers (first generation settlers) of Arroyo Grande. Proposed land uses would include historical residential and public assembly uses, and would provide expanded commercial use and residential density necessary for present and future economic sustainability of the property. Specifically, Subarea 3 would include limited commercial retail (farm stand), passive recreation (historic walking paths and gardens), limited residential (independent senior housing consisting of approximately 10 units), public and quasi-public community facilities (cultural archive and community center), visitor-serving (B&B guest house), and public assembly (heritage and demonstration gardens) uses, as well as related support amenities (e.g., onsite parking). This development is intended to promote and reflect the historic character of the site. 3. The site is suitable for the type and intensity of use or development that is proposed. The site is intended to be developed with a use and density that reflects the historic character and use of the site. Item 10.a. - Page 32 RESOLUTION NO. PAGE 8 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure public health and safety. The provisions for water, sanitation, and public utilities were examined during development of the Final EIR for the project, and it was determined that adequate public services will be available for the proposed project and will not result in substantially adverse impacts. 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. The proposed development includes parking and other infrastructure adequate to ensure public health and safety for those using the site. 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 General Plan Amendment 15-001, Specific Plan 15-001, Development Code Amendment 15-001, Vesting Tentative Tract Map 15-001 and Conditional Use Permit 15-004. 2. Based on the Initial Study, an Environmental Impact Report (EIR) was prepared for public review. A copy of the Final EIR 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 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 City Councils find that said Final EIR reflects the City’s independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby approves General Plan Amendment 15-001, Specific Plan 15-001, Vesting Tentative Tract Map 15-001 and Conditional Use Permit 15-004, as presented to the City Council on January 10, 2017, with the above findings, which are incorporated herein by this reference, and subject to the conditions and mitigation measures set forth in Exhibits A and B, and adopts the CEQA Findings and Statement of Overriding Considerations set forth in Exhibit C and the Mitigation Monitoring and Reporting Program set forth in Exhibit D, all of which are attached hereto and incorporated herein by this reference. BE IT FURTHER RESOLVED that this Resolution shall become effective on the effective date of Ordinance No. ____. Item 10.a. - Page 33 RESOLUTION NO. PAGE 9 On motion by Council Member________, seconded by Council Member _______, and by the following roll call vote, to wit: AYES: NOES: ABSENT: th The foregoing Resolution was adopted this 10 day of January, 2017. Item 10.a. - Page 34 RESOLUTION NO. PAGE 10 ___________________________________ JIM HILL, MAYOR ATTEST: ___________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ ROBERT K. McFALL, INTERIM CITY MANAGER APPROVED AS TO FORM: ___________________________________ HEATHER K. WHITHAM, CITY ATTORNEY Item 10.a. - Page 35 RESOLUTION NO. PAGE 11 EXHIBIT A CONDITIONS OF APPROVAL FOR SUBAREA 2 VESTING TENTATIVE TRACT MAP 15-001 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes development per the East Cherry Avenue Specific Plan (Specific Plan 15-001, General Plan Amendment 15-001, Development Code Amendment 15-001, or “Specific Plan”), which covers the following entitlements in the three subareas included in the Specific Plan area: Subarea 2: Vesting Tentative Tract Map 15-001 (VTTM 3081). This includes up to 51 residential dwelling units and related amenities on 11.62 acres (less 0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, owned by Mangano Homes, Inc. Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden and related amenities on a property owned by the Arroyo Grande Japanese Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be transferred from Subarea 2. The following conditions and mitigation measures apply to only: Subarea 2 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval and applicable mitigation measures included in the E. Cherry Avenue Specific Plan Environmental Impact Report as certified. These are included as conditions 123 through 158. 4. This application shall automatically expire on January 10, 2019 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. 5. Development shall conform to the land use and zoning requirements described within the Specific Plan as approved on January 10, 2017. 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of January 10, 2017,on file in the Community . Development Department Item 10.a. - Page 36 RESOLUTION NO. PAGE 12 7. Due to persistent drought conditions, building permits shall not be issued until the earlier of: (a) one (1) year following project approval; or (b) adoption by the City Council of a building moratorium on new development and qualification by property owner for development under such moratorium, in compliance with qualified offsets, including the Agricultural Conversion Credit Rule, or other water neutralization methods to offset the additional water demand of the project. 8. The applicant shall agree to indemnify and 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 fees 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. 9. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 10. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 11. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 12. Development shall comply with Development Code Sections 16.48.070, “Fences, Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening Requirements”. 13. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by the East Cherry Avenue Specific Plan or these conditions. 14. The developer shall comply with Development Code Chapter 16.56, “Parking and Loading Requirements”. 15. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building(s). The trash enclosure area shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste/organics (when appropriate). All solid waste and recycling area enclosures that are not located inside a building shall have roofs to prevent Item 10.a. - Page 37 RESOLUTION NO. PAGE 13 contaminants from washing into the storm drain system. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so that the garbage trucks can access the bins. 16. Final design and location of the trash enclosure(s) shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. 17. The applicant shall obtain and submit to the City written approval from South County Sanitary for all proposed trash receptacle pick up locations. 18. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code, augmented by requirements included in mitigation measure NOI-1a. Construction activities shall be restricted to the hours of 7 AM and 7 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 19. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 20. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, greywater reuse systems, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 21. All future residential development within Subarea 2 shall include the infrastructure to allow the installation of electric vehicle connections within residential garages. 22. All homes within Subarea 2 shall be designed to be “Solar Ready.” 23. Landscaping in accordance with an approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape plan, irrigation plan and landscape documentation package shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments prior to issuance of building permit. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and the State Department of Water Resource’s Model Water Efficient Landscape Ordinance and shall include the following: Item 10.a. - Page 38 RESOLUTION NO. PAGE 14 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: i. Deep root planters shall be included in areas where trees are within five feet (5’) of asphalt or concrete surfaces and curbs; ii. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants. iii. An automated irrigation system using smart controller (weather based) technology. iv. A dedicated landscape meter for the commercial landscape areas greater than 1,000 square feet and for residential areas greater than 5,000 square feet. v. A landscape meter shall be installed on the existing water well, to remain, and service Subarea 3 only. vi. The selection of groundcover plant species shall include native plants. vii. Linear planters shall be provided in parking areas. viii. No more than 25% of the total landscaped area can be turf in residential areas; turf is not allowed in commercial areas. 24. For projects approved with specific exterior building colors, 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 to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 25. All Fire Department Connections (FDC) 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. 26. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. 27. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. Item 10.a. - Page 39 RESOLUTION NO. PAGE 15 28. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. SUBDIVISION CONDITIONS 29. The developer shall comply with Development Code Chapter 16.20 "Land Divisions" or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and Development Code differ, the Specific Plan shall prevail. 30. The developer shall comply with Development Code Chapter 16.64 "Dedications, Fees and Reservations." 31. The developer shall comply with Development Code Chapter 16.68 "Improvements" or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and Development Code differ, the Specific Plan shall prevail. 32. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that are administered by a subdivision homeowners' association, formed by the applicant for the area within the subdivision. The CC&R's shall be reviewed and approved by the City Attorney and recorded prior to or concurrently with the final map. At a minimum, the CC&R's shall: a. Provide for maintenance of the driveways, common areas, sewer lines and other facilities; b. Prohibit additions to the units; c. Require garages to be kept clear for parking cars at all times; and d. Inform residents of the water conservation requirements placed on this project. INCLUSIONARY HOUSING 33. The developer shall comply with Development Code Chapter 16.80 “Inclusionary Affordable Housing Requirements”. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 34. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. Item 10.a. - Page 40 RESOLUTION NO. PAGE 16 FIRE LANES 35. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 36. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. FIRE FLOW/FIRE HYDRANTS 37. Project shall have a fire flow of 1,500 gallons per minute for a duration of two (2) hours. 38. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. SECURITY KEY BOX 39. The applicant must provide an approved "security key vault," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 40. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 41. Provide Fire Department approved access or sprinkler-system per National Fire Protection Association Standards. ABANDONMENT / NON-CONFORMING 42. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 43. The Applicant shall develop, implement and provide the City a: a. Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly Item 10.a. - Page 41 RESOLUTION NO. PAGE 17 establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). Prior to any Permit – Stormwater Control Plan 44.. The Stormwater Control Plan must include, at minimum: Contents: a. Project information including project name; application number; location; parcel numbers; applicant contact information; land use information; site area; existing, new, and replaced impervious area, and applicable PCR requirements and exceptions. b. Narrative analysis or description of site features and conditions, and opportunities and constraints for stormwater control. c. Narrative description of site design characteristics that protect natural resources including endangered species habitat, protected vegetation, and archaeological resources, and preserve natural drainage features, minimize imperviousness, and disperse runoff from impervious areas. d. Tabulation of proposed pervious and impervious DMAs, showing self-treating areas, self-retaining areas, areas draining to self-retaining areas, and areas tributary to each LID facility. e. Proposed sizes, including supporting calculations, for each LID facility. f. Narrative description of each DMA and explanation of how runoff is routed from each impervious DMA to a self-retaining DMA or LID facility. g. Description of site activities and potential sources of pollutants. h. Table of pollutant sources identified from the list in Appendix A and for each source, the source control measure(s) used to reduce pollutants to the maximum extent practicable. i. Description of signage for bioretention facilities. j. General maintenance requirements for bioretention facilities and site design features. k. Means by which facility maintenance will be financed and implemented in perpetuity. l. Statement accepting responsibility for interim operation & maintenance of facilities. Exhibits: 1. Existing natural hydrologic features (depressions, watercourses, relatively undisturbed areas) and significant natural resources. 2. Proposed design features and surface treatments used to minimize imperviousness and reduce runoff. Item 10.a. - Page 42 RESOLUTION NO. PAGE 18 3. Existing and proposed site drainage network and connections to drainage off- site. 4. Entire site divided into separate Drainage Management Areas (DMAs). Each DMA has a unique identifier and is characterized as self-retaining (zero- discharge), self-treating, or draining to a LID facility. 5. Proposed locations and footprints of LID facilities. 6. Potential pollutant source areas, including loading docks, food service areas, refuse areas, outdoor processes and storage, vehicle cleaning, repair or maintenance, fuel dispensing, equipment washing, etc. Prior to Final Approval - Operations and Maintenance Plan 45.. The Operations and Maintenance Plan must include, at minimum: a. Stormwater Control Measures report number b. A site map identifying all Stormwater Control Measures requiring Operations and Maintenance practices to function as designed. c. Operations and Maintenance Procedures for each structural stormwater control measure including, but not limited to, Low Impact Design facilities, retention and detention basins, and manufactured or propriety devices operations and maintenance. d. Short-and long-term maintenance requirements, recommended frequency of maintenance, and estimated cost for maintenance. Prior to Occupancy - Maintenance Agreement. 46.The Applicant shall provide a signed statement accepting responsibility for the Operations and Maintenance of the installed Storm Water Control Measures. The Applicant shall include written conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally enforceable mechanism that require the assumed responsibility for the Operations and Maintenance of Stormwater Control Facilities. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion dates of the following milestones d. Construction e. Field verification of Stormwater Control Facilities f. Final Project approval/occupancy g. Party responsible for O&M h. Source of funding for O&M i. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced j. Statement describing any vector or nuisance problems. Annual - Maintenance Notification. 47.The Owner/Applicant shall submit annually no later than June 30 a signed statement notifying the City of all maintenance of the installed Storm Water Control Measures. In addition, the signed statement shall Item 10.a. - Page 43 RESOLUTION NO. PAGE 19 include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. GENERAL CONDITIONS 48. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day’s work or as directed by the Director of Public Works, the Community Development Director or his/her representative. 49. Perform construction activities related to inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.).The developer or contractor shall refrain from performing any work subject to inspection 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. 50. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City’s noise regulations. 51. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 52. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of paper prints and an electronic version on CD in both AutoCAD and PDF format shall be required. 53. Submit three (3) full-size paper copies and one PDF file of approved improvement plans for inspection purposes during construction. 54. Record Drawings (“as-built” plans) are required to be submitted prior to release of the Faithful Performance Bond. 55. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie-out survey monuments or vertical control bench marks within 24 inches of work. Should any Item 10.a. - Page 44 RESOLUTION NO. PAGE 20 existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the project acceptance or sign off of the Encroachment Permit. 56. Provide new vertical control survey bench mark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 57. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California in compliance with Engineering Standard 1010 and approved by the Public Works or Community Development Department: a. Grading b. Retaining Walls c. Roadway Improvements d. Cross Sections e. Storm Drainage f. Utilities - Water and Sewer Plan and Profile g. Utilities – Composite Utility h. Signing and Striping i. Erosion Control j. Landscape and Irrigation Plans for Public Right-of-Way k. Details l. Other improvements as required by the Community Development Director. m. (NOTE: All plan sheets must include City standard title blocks) n. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 58. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 59. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 60. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 61. Per Section 66411.1 of the Subdivision Map Act, a notice shall be placed on the Item 10.a. - Page 45 RESOLUTION NO. PAGE 21 recordable map. The statement shall indicate all required onsite and offsite improvements. 62. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. STREET IMPROVEMENTS 63. Obtain approval from the Public Works Director prior to excavating in any street recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to a slurry seal. 64. All street repairs shall be constructed to City standards. 65. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City. 66. Street (Road A) shall be constructed as a partial width street to accommodate future widening by other property owners in accordance with Section 16.68.020 of the Development Code. Subarea 2 shall construct a one half street section, plus a 12 foot wide driving lane. Subarea 1 to complete remainder improvements. 67. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3” of asphalt and 6” of Class II AB. 68. If intended to be public streets, Public Local Streets (Roads B and C) must be designed in compliance with Engineering Standards 7010 and shall adhere to the following design standards: a. 40 feet street width from curb to curb. b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. c. 52 feet wide right-of-way. d. 25 mile per hour design speed. e. TI = 6.5 69. Frontage improvements on East Cherry Avenue shall include widening as depicted in Section E-E on sheet 4 of the tentative map plan set and shall include two (2) 5-foot wide bike lanes. Road widening transitions must be completed to the satisfaction of the City Engineer. CURB, GUTTER, AND SIDEWALK 70. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. Item 10.a. - Page 46 RESOLUTION NO. PAGE 22 71. Color any such new facilities as directed by the Community Development Director. 72. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 73. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 74. 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 75. Should detached sidewalks for Road B, Road C, and East Cherry Avenue be constructed they shall include bioretention facilities in compliance with Engineering Standards Appendix K detail 100, 101 or similar. Biofiltration areas must be maintained by the HOA and planted with drought tolerant vegetation and street trees, as appropriate. DEDICATIONS AND EASEMENTS 76. The property owner shall offer for dedication to the public the right-of-way for the following streets: Road A Road B Road C East Cherry Avenue South of the northerly leg of proposed Road B, the right of way for Road A shall be located to avoid potentially affecting existing improvements in the adjacent mobile home park. The area within the Road A ROW south of the southerly leg of Road B shall not be landscaped, but left as unimproved decomposed granite surface to facilitate maintenance access and the possible future southerly extension of this roadway, if that extension becomes consistent with the City’s Circulation Element Map. All future residents in Subarea 2 shall be provided a disclosure that Road A may ultimately be extended to the south. 77. A private/public water main, sewer and/or drainage easement shall be reserved on the map between 49 and 50, and within Lot 48. 78. For any intended private road or alley, a Public Utility Easement (PUE), Public Access and Emergency Access Easements shall be dedicated over entire right-of- way of that road or alley. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 79. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent Item 10.a. - Page 47 RESOLUTION NO. PAGE 23 to street right-of-way adjacent to East Cherry Avenue and Road A. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 80. Street tree planting and maintenance easements shall be dedicated adjacent to all street right-of-ways on East Cherry Avenue and Road A. Street tree easements shall be a minimum of 10 feet beyond the right-of-way, except that street tree easements shall exclude the area covered by public utility easements. 81. Vehicular access shall be denied to East Cherry Avenue from lots 1-9, excluding Road A and Road C. The access denial shall be offered by the property owner and recorded on the map or other document as is acceptable to the City. 82. PUE 15 feet wide on lot 48 shall be dedicated to the public. Easement shall be fenced off from remainder of lot 48 and shall have a compacted DG surface. 83. Alley A and Road C shall include a 20’ PUE to allow Public and Emergency Access. 84. 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. 85. Abandonment of public streets and public easements shall be listed on the final map of parcel map, in accordance with Section 66499.20½ of the Subdivision Map Act. 86. The subdivider shall enter into a subdivision agreement for the completion and guarantee of improvements required. The subdivision agreement shall be on a form acceptable to the City. GRADING AND DRAINAGE 87. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 88. All grading shall be performed in accordance with the City Standard Specifications and Engineering Standards and City Grading Ordinance. 89. All drainage facilities shall be designed to accommodate a 100-year storm flow. 90. Submit a soils report for the project shall be prepared by a registered Civil Engineer and supported by adequate test borings. All earthwork design and grading shall be Item 10.a. - Page 48 RESOLUTION NO. PAGE 24 performed in accordance with the approved soils report. 91. The applicant shall dedicate a pedestrian access easement(s) for any ADA sidewalk extension. 92. Infiltration basins shall be designed based on soil tests. Infiltration test 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. 93. The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be approved by the City Engineer.Any portions of the site subject to flooding from a 100-year storm shall be shown on the tentative map or other recorded document, and shall be noted as a building restriction. 94. All drainage facilities within Lot 28 and along the southern tract map boundary shall be maintained by the HOA. A drainage facility maintenance plan shall be submitted and approved prior to tract map approval. 95. 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 100-year basin outflow shall not exceed the pre-development flow. b. 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. c. The basin shall be fully constructed and functional prior to occupancy for any building permit within the project. d. The basin shall be maintained by a homeowner’s association. The City shall approve the related language in the association CC&R’s prior to recordation. e. The maintenance district shall be recorded concurrently with the map. WATER 96. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 97. The applicant shall extend the public water main to adequately serve the project across the property frontage. 98. The DDC shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 99. Each parcel shall have separate water meters. 100. Residences shall include infrastructure to allow for a dual use water system, with Item 10.a. - Page 49 RESOLUTION NO. PAGE 25 separate connections for potable and non-potable water, with the latter intended for use on landscaping. 101. Non-potable water for construction purposes is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 102. 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. 103. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. SEWER 104. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8”. 105. All sewer laterals within the public right-of-way must have a minimum slope of 2%. 106. Existing sewer laterals to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 107. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4”. 108. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. 109. Obtain approval from the South County Sanitation District for the development’s impact to District facilities prior to permit issuance. 110. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. 111. The applicant must obtain a will-serve letter from the South San Luis Obispo County Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite wastewater collection system to serve the project. PUBLIC UTILITIES 112. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. The existing above ground utilities that traverse Subarea 2 and 3 must be placed underground prior to the recordation of the Tract Map for Subarea 2. Item 10.a. - Page 50 RESOLUTION NO. PAGE 26 113. Prior to approving any building permit within the project for occupancy, all conditions of approval for project must be satisfied. 114. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the City Engineer for approval. 115. On streets 40’ or less in width, street lights shall be placed at least 200’ – 250’ apart, or potentially less frequently to minimize impacts on the existing dark night sky views, if it can be found that sufficient public safety is maintained. On streets greater than 40’ in width, a street lighting plan shall be designed and submitted to the Community Development Director for approval. Consideration shall be given to minimizing impacts to views of the existing dark night sky, consistent with Mitigation Measure VIS-4a as included in these conditions and the East Cherry Avenue Specific Plan. 116. Applicant shall fund outsourced plan and map check services, as required. TREE PRESERVATION/TREE REMOVAL PLAN 117. Prior to issuance of grading permit and during construction the applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 118. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. 119. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted or fees paid. 120. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 121. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by Item 10.a. - Page 51 RESOLUTION NO. PAGE 27 the Public Works Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree 122. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture Pruning Standards PUBLIC SAFETY Prior to issuance of building permit, 123. applicant to submit exterior lighting plan for Police Department approval. Prior to issuance of a certificate of occupancy, 124. the applicant shall post handicapped parking, per Police Department requirements. FEES AND BONDS 125. The applicant shall pay all applicable City fees, including the following: FEES TO BE PAID PRIOR TO PLAN SUBMITTAL Map check fee a.___ for Tract Map. Map check fee b.___ for Parcel Map. Plan check c.___ for grading plans. (Based on an approved earthwork estimate) Plan check d.___ for improvement plans. (Based on an approved construction cost estimate) Permit Fee e.___ for grading plans. (Based on an approved earthwork estimate) Inspection Fee f.___ of subdivision or public works construction plans. (Based on an approved construction cost estimate) Plan Review Fee g.___ (Based on the current Building Division fee schedule) FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT Water Neutralization fee a.___, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. Water Distribution fee b.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Item 10.a. - Page 52 RESOLUTION NO. PAGE 28 Code Section 13.04.030. Water Meter charge c.___ to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Water Availability charge d.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with - (not correct). Traffic Impact fee e.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. Traffic Signalization fee f.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. Sewer Connection fee g.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.12.190. South San Luis Obispo County Sanitation District Connection h.___ fee in accordance with Municipal Code Section 13.12.180. Drainage fee i.___, as required by the area drainage plan for the area being developed. Park Development fee, j.___the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. Construction Tax, k.___ the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. Alarm Fee, l.___ to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. Strong Motion Instrumentation Program (SMIP) Fee, m.___to be based on codes and rates in effect at the time of development in accordance with State mandate. Building Permit Fee, n.___ to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF THE FINAL MAP Park Development fee, a.___the developer shall pay the current park development fee, and/or donate land in-lieu of, for each lot approved, in accordance with City Ordinance 313 C.S. Park Dedication, b.___the developer shall dedicate, in accordance with City Ordinance 313 C.S., land for park purposes. Park Improvement fee c., the developer shall pay the current park improvement fee, for each lot approved, in accordance with City Item 10.a. - Page 53 RESOLUTION NO. PAGE 29 Ordinance 313 C.S. Congestion Mitigation and Air Quality Program fee d., the developer shall pay local matching funds for a feasibility study for operational improvements to Fair Oaks Avenue. Preliminary Title Report, 126. a current preliminary title report shall be submitted to the Director of Public Works prior to checking the map. A current subdivision guarantee shall be submitted to the Director of Public Works prior to recording the Map. BONDING SURETY Erosion Control, 127.prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. 128. The applicant shall provide bonds or other financial security for the following. All bonds or security shall be in a form acceptable to the City, and shall be provided prior to recording of the map, unless noted otherwise. The minimum term for Improvement securities shall be equal to the term of the subdivision agreement. Faithful Performance a.___, 100% of the approved estimated cost of all subdivision improvements. Labor and Materials b.___, 50% of the approved estimated cost of all subdivision improvements. One Year Guarantee c.___, 10% of the approved estimated cost of all subdivision improvements. This bond is required prior to acceptance of the subdivision improvements. Monumentation d.___, 100% of the estimated cost of setting survey monuments. Tax Certificate e.___, In accordance with Section 9-15.130 of the Development Code, the applicant shall furnish a certificate from the tax collector’s office indicating that there are no unpaid taxes or special assessments against the property Accessory Structures, f.___ the applicant shall remove or bond for removal of all accessory structures not sharing a parcel with a residence. Garages, g.___ the applicant shall construct, or bond for construction of a two-car garage and driveway for the existing house on lot_____. Curb cuts, h.___ the applicant shall construct or bond for construction of individual curb cuts and paved driveways for parcels. Item 10.a. - Page 54 RESOLUTION NO. PAGE 30 EIR MITIGATION MEASURES 129. MM VIS-1a. The Architectural Review Committee shall review Project design and consider impacts to the scenic resources available on or adjacent to the Project site, with particular consideration to the Santa Lucia Mountains. This includes the review of building siting, height, massing, design, and setbacks. The Architectural Review Committee shall determine whether structures obstruct important views of scenic resources, and/or propose design alterations to reduce impacts to important views of scenic resources. 130. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall consider the minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate streetlights and security lighting for public safety. 131. MM AQ-1a. The following standard air quality mitigation measures shall be implemented during construction activities at the Project site: Reduce the amount of disturbed area where possible; Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water (non-potable) shall be used when possible; All dirt stock pile areas should be sprayed daily as needed; Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; 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 native grass seed and watered until vegetation is established; 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; All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid Item 10.a. - Page 55 RESOLUTION NO. PAGE 31 as soon as possible after grading unless seeding or soil binders are used; Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114; Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; All of these fugitive dust mitigation measures shall be shown on grading and building plans; and 132. The contractor or builder should designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holiday 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 Division prior to the start of any grading, earthwork or demolition. 133. MM AQ-1B. The following standard air quality mitigation measures for construction equipment shall be implemented during construction activities at the project site: Maintain all construction equipment in proper tune according to manufacturer’s specifications; Fuel all off-road and portable diesel powered equipment with CARB- certified motor vehicle diesel fuel (non-taxed version suitable for use off- road). 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; 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; Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two Item 10.a. - Page 56 RESOLUTION NO. PAGE 32 measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance; On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit; Diesel idling within 1,000 feet of sensitive receptors in not permitted; Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors; Electrify equipment when feasible; Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. 134. MM AQ-1c. A Construction Activity Management Plan shall be included as part of project grading and building plans and shall be submitted to the APCD for review and to the City for approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off-site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements: Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions; Tabulation of on and off-road construction equipment (age, horse-power and miles and/or hours of operation; Limit the length of the construction work-day period, if necessary; and, Phase construction activities, if appropriate. 135. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). 136. MM AQ-2a. The Applicants shall include the following: Item 10.a. - Page 57 RESOLUTION NO. PAGE 33 Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoors. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping. Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. 137. MM AQ-2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality Handbook, the following mitigation measures would apply to the Project. \[SEE THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE COMPLETE LIST OF MEASURES.\] 138. MM AQ-3a. The Applicants shall implement the following Best Available Control Technology (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel exhaust to sensitive receptors: Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road compliant engines; Repowering equipment with the cleanest engines available; and, Installing California Verified Diesel Emission Control Strategies. 139. MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the necessary APCD permits when appropriate. To minimize potential delays, prior to the start of development within each subarea, the APCD’s Engineering Division shall be contacted for specific information regarding permitting requirements. 140. MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the Applicants shall coordinate with the City Public Works and Community Development Department and work with SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. 141. MM BIO-1a. Construction equipment and vehicles shall be stored at least 100 feet away from areas associated with the existing drainage and adjacent oak woodland habitat, and all construction vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. 142. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction Item 10.a. - Page 58 RESOLUTION NO. PAGE 34 shall be conducted between September 1 and January 31, outside of the primary nesting season for birds, unless City-approved preconstruction nesting bird surveys are conducted that determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with the establishment of a nondisturbance buffer zone around active nest, which shall be in place until the adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings, and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be verified by the Project Environmental Monitor through submission of compliance reports. 143. MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. All construction employees that have the potential to come into contact with contaminated soil/bedrock and safety plan, which includes proper training and personal protective equipment. 144. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to lead and other potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). 145. MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of soil/bedrock and groundwater shall be conducted to assess potential releases associated with the listed former adjacent land uses and the potential migration of contaminants onto the Project site. The analytical suite selected shall be consistent with those uses, and shall include applicable analytical methods for appropriate waste characterization and disposal. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). 146. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce the potential for structural damage to the proposed development including: Item 10.a. - Page 59 RESOLUTION NO. PAGE 35 A detailed description and map of fire protection apparatus and staging locations, the locations of the electric and gas shut off controls, emergency meeting locations, and emergency supply locations; Relevant building design specifications that would qualify the building for identification as a safe refuge during a wildfire; and, 147. MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard areas. Require the installation of smoke detectors in all new residences. 148. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of fire season. 149. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire resistant native species. Non-native species shall not be included in the final landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, as well as locations and types of new plantings. 150. MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Intent (NOI) for discharge from the proposed development site. 151. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Public Works Department prior to the issuance of grading permits. The contractor is responsible for understanding the State General Permit and implementing the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activities on the Project site in excess of one acre, or where the area of disturbance is less than one acre but is part of the Project’s plan of development that in total disturbs one or more acres. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB).The SWPPP shall be submitted to the City along with grading/development plans for review and approval. 152. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a notice of termination of construction of the development with the RWQCB, identifying how pollution sources were controlled during the construction of the Item 10.a. - Page 60 RESOLUTION NO. PAGE 36 Project and implementing a closure SWPPP for the site. 153. MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110 including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB regulations under the NPDES Phase II program. 154. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water quality system must be reviewed and approved by the City. 155. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall prepare a development maintenance manual for the Project, which shall include detailed procedures for maintenance and operations of any stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer’s maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. 156. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable maintenance organization shall submit to the City of Arroyo Grande Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. 157. MM NOI-1a. For all construction activity at the Project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City’s Noise Standards. Such techniques shall include, but are not limited to: Sound blankets on noise-generating equipment. Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. Item 10.a. - Page 61 RESOLUTION NO. PAGE 37 All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 7:00 P.M. Monday through Friday. No movement of heavy equipment shall occur on Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day). Temporary sound barriers shall be constructed between construction sites and affected uses. 158. MM NOI-1b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City’s Community Development Department. 159. MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. 160. MM REC-1a. Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a park improvement impact fee equal to the land value, plus twenty (20) percent of toward the cost of offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon the fair market value of 0.21 acres, as determined by the formula provided in Section E of Municipal Code Chapter 16.64.060, immediately prior to the filling of the final map. At the discretion of the Community Development Director, this requirement may be met by one of several alternative means that would result in additional dedication of lands for recreational use, such that Project suits the need for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing proposed 0.35 neighborhood park to provide more adequate park space, implementation of trail connections from the property to proposed trails identified in the City Bicycle and Trails Master Plan, or the connection of the Project proposed Class I Bikeway located along the Project Residential Collector road with the City proposed bikeway along Trinity Avenue. 161. MM TRANS-1a. Future development occurring under the proposed Project shall be required to prepare a Construction Transportation Management Plan for review and approval by the City prior to issuance of a building permit to address and manage traffic during construction and shall be designed to: Prevent traffic impacts on the surrounding roadway network Item 10.a. - Page 62 RESOLUTION NO. PAGE 38 Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable Ensure safety for both those constructing the project and the surrounding community Prevent substantial truck traffic through residential neighborhoods The Construction Transportation Management Plan shall be subject to review and approval by the following City departments: Community Development, Public Works, Fire, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following throughout the Duration of Construction: A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Community Development Department prior to commencement of construction and implemented in accordance with this approval. Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. Streets and equipment shall be cleaned in accordance with established Public Works requirements. Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through Item 10.a. - Page 63 RESOLUTION NO. PAGE 39 the After Hours Permit process administered by the Building and Safety Division. Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: The traveling public shall be advised of impending construction activities which may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-ofway shall be obtained. Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. 162. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the intersection of Traffic Way and Fair Oaks Avenue. The Applicant shall: 1) submit a funding agreement between the owners of the three subareas for the Traffic Signal Improvements to the City for review and approval; and 2) submit Traffic Signal Improvement Plans to the City for review and approval, concurrently with the Project’s public improvement plans. Prior to issuance of the first certificate of occupancy, the Applicant shall complete construction of the traffic signal improvements. The City shall ensure the traffic signal is installed and operational prior to the issuance of the first building permit. Item 10.a. - Page 64 RESOLUTION NO. PAGE 40 163. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to create an exclusive right turn lane for the southbound approach of West Branch Street to East Grand Avenue. The Applicants shall to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to meet turning radius requirements of a City bus design vehicle to create an exclusive right turn lane. The Applicants shall submit plans for the restriping of West Branch Street including any modifications necessary to the northeast curb return and sidewalk to provide for design vehicle turning movements to the City for review and approval from the City Engineer, concurrent with the submittal of the project’s public improvement plans. Road improvements shall be installed, inspected, and approved by the City prior to issuance of the first building permit. 164. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for a transportation improvement that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project’s long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. The Applicant shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. The Applicants shall submit payment of their fair share of funding for the above mitigation prior to issuance of grading and/or building permits. The City shall determine the amount of payment of fair shares for each Applicant commensurate with metrics that demonstrate the relative level and intensity of proposed development (e.g., square footage, land use type, trip generation, etc.). The City shall establish a separate East Grand Avenue/West Branch Street traffic mitigation fund to accept the Applicant’s payment(s). Item 10.a. - Page 65 RESOLUTION NO. PAGE 41 EXHIBIT B CONDITIONS OF APPROVAL FOR SUBAREA 3 CONDITIONAL USE PERMIT 15-004 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION GENERAL CONDITIONS 1. This approval authorizes development per the East Cherry Avenue Specific Plan (Specific Plan 15-001, General Plan Amendment 15-001, Development Code Amendment 15-001, or “Specific Plan”), which covers the following entitlements in the three subareas included in the Specific Plan area: Subarea 2: Vesting Tentative Tract Map 15-001 (VTTM 3081). This includes up to 51 residential dwelling units and related amenities on 11.62 acres (less 0.5 acres transferred to Subarea 3) south of E. Cherry Avenue, owned by Mangano Homes, Inc. Subarea 3: Conditional Use Permit 15-004. This includes a cultural garden and related amenities on a property owned by the Arroyo Grande Japanese Welfare Association property, which includes 1.51 acres, plus 0.5 acres to be transferred from Subarea 2. The following conditions and mitigation measures apply to only: Subarea 3 2. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 3. The applicant shall comply with all conditions of approval and applicable mitigation measures included in the E. Cherry Avenue Specific Plan Environmental Impact Report as certified. These are included as conditions 116 through 149. 4. This application shall automatically expire on January 10, 2019 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. 5. Development shall conform to the land use and zoning requirements described within the Specific Plan as approved on January 10, 2017. 6. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of January 10, 2017,on file in the Community . Development Department 7. The applicant shall agree to indemnify and defend at his/her sole expense any action Item 10.a. - Page 66 RESOLUTION NO. PAGE 42 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 fees 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. 8. A copy of these conditions and mitigation measures shall be incorporated into all construction documents. 9. At the time of application for construction permits, plans submitted shall show all development consistent with the approved site plan, floor plan, architectural elevations and landscape plan. 10. Signage shall be subject to the requirements of Chapter 16.60 of the Development Code. Prior to issuance of a building permit, all illegal signs shall be removed. 11. Development shall comply with Development Code Sections 16.48.070, “Fences, Walls and Hedges”; 16.48.120, “Performance Standards”; and 16.48.130 “Screening Requirements”. 12. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans including those specifically modified by the East Cherry Avenue Specific Plan or these conditions. 13. The developer shall comply with Development Code Chapter 16.56, “Parking and Loading Requirements”. 14. Trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of an exterior finish that complements the architectural features of the main building(s). The trash enclosure area shall be designed to provide adequate space for collecting and storing solid waste and recyclable materials, including mixed recycling, separated cardboard and food waste/organics (when appropriate). All solid waste and recycling area enclosures that are not located inside a building shall have roofs to prevent contaminants from washing into the storm drain system. The roof shall extend past any open sides. Additionally, the roof shall not overhang the front gate so that the garbage trucks can access the bins. 15. Final design and location of the trash enclosure(s) shall be reviewed by the Architectural Review Committee and approved by the Community Development Director. Item 10.a. - Page 67 RESOLUTION NO. PAGE 43 16. The applicant shall obtain and submit to the City written approval from South County Sanitary for all proposed trash receptacle pick up locations. 17. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code, augmented by requirements included in mitigation measure NOI-1a. Construction activities shall be restricted to the hours of 7 AM and 7 PM Monday through Friday. No construction shall occur on Saturday or Sunday. 18. At the time of application for construction permits, the applicant shall provide details on any proposed exterior lighting, if applicable. The lighting plan shall include the height, location, and intensity of all exterior lighting consistent with Section 16.48.090 of the Development Code. All lighting fixtures shall be shielded so that neither the lamp nor the related reflector interior surface is visible from adjacent properties. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. All lighting shall be energy efficient (e.g. LED). 19. All new construction shall utilize fixtures and designs that minimize water and energy usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, greywater reuse systems, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. 20. Landscaping in accordance with an approved landscaping plan shall be installed or bonded for before final building inspection/establishment of use. The landscape plan, irrigation plan and landscape documentation package shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Public Works Departments prior to issuance of building permit. The landscape plan shall be in conformance with Development Code Chapter 16.84 (Water Efficient Landscape Requirements) and the State Department of Water Resource’s Model Water Efficient Landscape Ordinance and shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. The required landscaping and improvements. This includes: d. Deep root planters shall be included in areas where trees are within five feet (5’) of asphalt or concrete surfaces and curbs; e. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants, except for plantings specific to the Japanese Cultural Garden, the Farm Garden, and Cherry trees within the Historic Garden. f. An automated irrigation system using smart controller (weather based) technology. Item 10.a. - Page 68 RESOLUTION NO. PAGE 44 g. A dedicated landscape meter for the commercial landscape areas greater than 1,000 square feet and for residential areas greater than 5,000 square feet. h. A landscape meter shall be installed on the existing water well, to remain, and service Subarea 3 only. i. The selection of groundcover plant species shall include native plants. j. Linear planters shall be provided in parking areas. k. No more than 25% of the total landscaped area can be turf in residential areas; turf is not allowed in commercial areas. 21. For projects approved with specific exterior building colors, 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 to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 22. All new electrical panel boxes shall be installed inside the building(s). 23. All Fire Department Connections (FDC) 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. 24. Double detector check valve assemblies shall be located directly adjacent to or within the respective building to which they serve. 25. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. It is especially important that gas and electric meters, electric transformers, and large water piping systems be completely screened from public view. All roof-mounted equipment which generates noise, solid particles, odors, etc., shall cause the objectionable material to be directed away from residential properties. 26. All conditions of this approval run with the land and shall be strictly adhered to, within the time frames specified, and in an on-going manner for the life of the project. Failure to comply with these conditions of approval may result in an immediate enforcement action. If it is determined that violation(s) of these conditions of approval have occurred, or are occurring, this approval may be revoked pursuant to Development Code Section 16.08.100. SUBDIVISION CONDITIONS 27. The developer shall comply with Development Code Chapter 16.68 "Improvements" or as defined in the East Cherry Avenue Specific Plan. Where the Specific Plan and Development Code differ, the Specific Plan shall prevail. Item 10.a. - Page 69 RESOLUTION NO. PAGE 45 INCLUSIONARY HOUSING 28. The developer shall comply with Development Code Chapter 16.80 “Inclusionary Affordable Housing Requirements”. BUILDING AND LIFE SAFETY DIVISION AND FIRE DEPARTMENT CONDITIONS BUILDING CODES 29. The project shall comply with the most recent editions of all California Building and Fire Codes, as adopted by the City of Arroyo Grande. FIRE LANES 30. Prior to issuance of a certificate of occupancy, the applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 31. All fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. This shall be shown on the final site plan as approved by the Building Official and Fire Chief. FIRE FLOW/FIRE HYDRANTS 32. Project shall have a fire flow of 1,500gallons per minute for a duration of two (2) hours. 33. Fire hydrants shall be installed, per Fire Department and Public Works Department standards and per the California Fire Code. SECURITY KEY BOX 34. The applicant must provide an approved "security key vault," per Building and Fire Department guidelines and per the California Fire Code. FIRE SPRINKLER 35. All buildings must be fully sprinklered per Building and Fire Department guidelines and per the California Fire Code. 36. Provide Fire Department approved access per National Fire Protection Association Standards. Item 10.a. - Page 70 RESOLUTION NO. PAGE 46 ABANDONMENT / NON-CONFORMING 37. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells (except for the existing well to be used for landscape irrigation purposes), underground piping and other undesirable conditions. DEMOLITION PERMIT / RETAINING WALLS 38. A demolition permit must be applied for, approved and issued for existing structures to be removed prior to new development. All asbestos and lead shall be verified if present and abated prior to permit issuance. ENGINEERING DIVISION CONDITIONS POST CONSTRUCTION REQUIREMENTS REGIONAL WATER QUALITY CONTROL BOARD, STORMWATER CONTROL PLAN, OPERATIONS AND MAINTENANCE PLAN, AND ANNUAL STORMWATER CONTROL FACILITIES MAINTENANCE 39. The Applicant shall develop, implement and provide the City a: a. Stormwater Control Plan that clearly provides engineering analysis of all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. b. Operations and Maintenance Plan and Maintenance Agreements that clearly establish responsibility for all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls. c. Annual Maintenance Notification indicating that all Water Quality Treatment, Runoff Retention, and Peak Flow Management controls have been maintained and are functioning as designed. d. All reports must be completed by either a Registered Civil Engineer or Qualified Stormwater Pollution Prevention Plan Developer (QSD). Prior to any Permit – Stormwater Control Plan 40.. The Stormwater Control Plan must include, at minimum: Contents: a. Project information including project name; application number; location; parcel numbers; applicant contact information; land use information; site area; existing, new, and replaced impervious area, and applicable PCR requirements and exceptions. b. Narrative analysis or description of site features and conditions, and opportunities and constraints for stormwater control. c. Narrative description of site design characteristics that protect natural resources including endangered species habitat, protected vegetation, and archaeological resources, and preserve natural drainage features, minimize imperviousness, Item 10.a. - Page 71 RESOLUTION NO. PAGE 47 and disperse runoff from impervious areas. d. Tabulation of proposed pervious and impervious DMAs, showing self-treating areas, self-retaining areas, areas draining to self-retaining areas, and areas tributary to each LID facility. e. Proposed sizes, including supporting calculations, for each LID facility. f. Narrative description of each DMA and explanation of how runoff is routed from each impervious DMA to a self-retaining DMA or LID facility. g. Description of site activities and potential sources of pollutants. h. Table of pollutant sources identified from the list in Appendix A and for each source, the source control measure(s) used to reduce pollutants to the maximum extent practicable. i. Description of signage for bioretention facilities. j. General maintenance requirements for bioretention facilities and site design features. k. Means by which facility maintenance will be financed and implemented in perpetuity. l. Statement accepting responsibility for interim operation & maintenance of facilities. Exhibits: a. Existing natural hydrologic features (depressions, watercourses, relatively undisturbed areas) and significant natural resources. b. Proposed design features and surface treatments used to minimize imperviousness and reduce runoff. c. Existing and proposed site drainage network and connections to drainage off- site. d. Entire site divided into separate Drainage Management Areas (DMAs). Each DMA has a unique identifier and is characterized as self-retaining (zero- discharge), self-treating, or draining to a LID facility. e. Proposed locations and footprints of LID facilities. f. Potential pollutant source areas, including loading docks, food service areas, refuse areas, outdoor processes and storage, vehicle cleaning, repair or maintenance, fuel dispensing, equipment washing, etc. Prior to Final Approval - Operations and Maintenance Plan 41.. The Operations and Maintenance Plan must include, at minimum: a. Stormwater Control Measures report number b. A site map identifying all Stormwater Control Measures requiring Operations and Maintenance practices to function as designed. c. Operations and Maintenance Procedures for each structural stormwater control measure including, but not limited to, Low Impact Design facilities, retention and detention basins, and manufactured or propriety devices operations and maintenance. d. Short-and long-term maintenance requirements, recommended frequency of maintenance, and estimated cost for maintenance. Item 10.a. - Page 72 RESOLUTION NO. PAGE 48 Prior to Occupancy - Maintenance Agreement. 42.The Applicant shall provide a signed statement accepting responsibility for the Operations and Maintenance of the installed Storm Water Control Measures. The Applicant shall include written conditions in the sales, lease agreements, deed, CCRs, HOA or any other legally enforceable mechanism that require the assumed responsibility for the Operations and Maintenance of Stormwater Control Facilities. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion dates of the following milestones i. Construction ii. Field verification of Stormwater Control Facilities iii. Final Project approval/occupancy d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. Annual - Maintenance Notification. 43.The Owner/Applicant shall provide a signed statement annually no later than June 30 notifying the City of all maintenance of the installed Storm Water Control Measures. Additionally, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. GENERAL CONDITIONS 44. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day’s work or as directed by the Director of Public Works, the Community Development Director or his/her representative. 45. Perform construction activities related to inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M.).The developer or contractor shall refrain Item 10.a. - Page 73 RESOLUTION NO. PAGE 49 from performing any work subject to inspection 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. 46. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City’s noise regulations. 47. All project improvements shall be designed and constructed in accordance with the most recent version of the City of Arroyo Grande Standard Specifications and Engineering Standards. 48. Submit as-built plans at the completion of the project or improvements as directed by the Community Development Director. One (1) set of paper prints and an electronic version on CD in both AutoCAD and PDF format shall be required. 49. Submit three (3) full-size paper copies and one PDF file of approved improvement plans for inspection purposes during construction. 50. Record Drawings (“as-built” plans) are required to be submitted prior to release of the Faithful Performance Bond. 51. Provide a Licensed Land Surveyor or a Registered Civil Engineer to tie-out survey monuments or vertical control bench marks within 24 inches of work. Should any existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. Should any existing bench mark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the City Engineer. For monuments, a Corner Record must be filed with the County and a copy delivered to the City Engineer. For bench marks, documentation of the bench mark and how it was reset must be delivered to the City Engineer prior the project acceptance or sign off of the Encroachment Permit. 52. Provide new vertical control survey bench mark, per City Standard, as directed by City Engineer. IMPROVEMENT PLANS 53. Improvement plans (including the following) shall be prepared by a registered Civil Engineer or qualified specialist licensed in the State of California in compliance with Engineering Standard 1010 and approved by the Public Works or Community Development Department: a. Grading Item 10.a. - Page 74 RESOLUTION NO. PAGE 50 b. Retaining Walls c. Roadway Improvements d. Cross Sections e. Storm Drainage f. Utilities - Water and Sewer Plan and Profile g. Utilities – Composite Utility h. Signing and Striping i. Erosion Control j. Landscape and Irrigation Plans for Public Right-of-Way k. Details l. Other improvements as required by the Community Development Director. m. (NOTE: All plan sheets must include City standard title blocks) n. Engineers estimate for construction cost based on County of San Luis Obispo unit cost. 54. Improvement plans shall include plan and profile of existing and proposed streets, utilities and retaining walls. 55. Submit all retaining wall calculations for review and approval by the Community Development Director for walls not constructed per City standards. 56. Prior to approval of an improvement plan the applicant shall enter into an agreement with the City for inspection of the required improvements. 57. The applicant shall be responsible for obtaining an encroachment permit for all work within a public right-of-way. STREET IMPROVEMENTS 58. Obtain approval from the Public Works Director prior to excavating in any street recently over-laid or slurry sealed. The Director shall approve the method of repair of any such trenches, but shall not be limited to a slurry seal. 59. All street repairs shall be constructed to City standards. 60. Slurry seal (type 2) any roads dedicated to the City prior to acceptance by the City. 61. Street structural sections shall be determined by an R-Value soil test, but shall not be less than 3” of asphalt and 6” of Class II AB. 62. If intended to be public streets, Public Local Streets must be designed in compliance with Engineering Standards 7010 and shall adhere to the following design standards: a. 40 feet street width from curb to curb. b. 6 feet wide concrete sidewalks with concrete curb and gutter on both sides of the street. Item 10.a. - Page 75 RESOLUTION NO. PAGE 51 c. 52 feet wide right-of-way. d. 25 mile per hour design speed. e. TI = 6.5 63. Each subarea must complete road widening work on East Cherry Avenue for property frontage. Road widening transitions must be completed to the satisfaction of the City Engineer. CURB, GUTTER, AND SIDEWALK 64. Install new concrete curb, gutter, and sidewalk as directed by the Community Development Director and Public Works Director. 65. Color any such new facilities as directed by the Community Development Director. 66. Install ADA compliant facilities where necessary or verify that existing facilities are compliant with State and City Standards. 67. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and sidewalk to prevent damage due to root growth. 68. 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. DEDICATIONS AND EASEMENTS 69. The property owner shall offer for dedication to the public the right-of-way for the following street: East Cherry Avenue 70. A private/public water main easement shall be reserved through the property from the terminus of Launa Lane to Subarea 2. 71. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide adjacent to street right-of-way adjacent to East Cherry Avenue. The PUE shall be wider where necessary for the installation or maintenance of the public utility vaults, pads, or similar facilities. 72. Street tree planting and maintenance easements shall be dedicated adjacent to all street right-of-ways on East Cherry Avenue. Street tree easements shall be a minimum of 10 feet beyond the right-of-way, except that street tree easements shall exclude the area covered by public utility easements. Item 10.a. - Page 76 RESOLUTION NO. PAGE 52 73. Subarea 3 shall provide a 15’ wide PUE, with the location subject to final approval of the Public Works Director. 74. 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. GRADING AND DRAINAGE 75. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two (2) copies and (1) PDF File of the final project-specific Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis Obispo Regional Water Quality Control Board (RWCB) requirements. 76. All grading shall be performed in accordance with the City Standard Specifications and Engineering Standards and City Grading Ordinance. 77. All drainage facilities shall be designed to accommodate a 100-year storm flow. 78. Submit a soils report for the project shall be 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. 79. The applicant shall dedicate a pedestrian access easement(s) for any ADA sidewalk extension. 80. Infiltration basins shall be designed based on soil tests. Infiltration test 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. 81. The applicant shall submit an engineering study regarding flooding related to the project site. The study shall be approved by the City Engineer.Any portions of the site subject to flooding from a 100-year storm shall be shown on the tentative map or other recorded document, and shall be noted as a building restriction. 82. 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 100-year basin outflow shall not exceed the pre-development flow. b. 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. c. The basin shall be fully constructed and functional prior to occupancy for any Item 10.a. - Page 77 RESOLUTION NO. PAGE 53 building permit within the project. d. The basin shall be maintained by a homeowner’s association. The City shall approve the related language in the association CC&R’s prior to recordation. e. The maintenance district shall be recorded concurrently with the map. WATER 83. Whenever possible, all water mains shall be looped to prevent dead ends. The Public Works Director must grant permission to dead end water mains. 84. The applicant shall extend the public water main to adequately serve the project across the property frontage. 85. A Reduced Pressure Principle (RPP) backflow device is required on all water lines to structures and/or landscape irrigation (commercial development only). 86. A Double Detector Check (DDC) valve shall be placed inside the building or adjacent to the building. Other locations for the DDC shall be approved by the Director or Community Development. 87. Each parcel shall have separate water meters. 88. Non-potable water for construction purposes is available at the Soto Sports Complex. The City of Arroyo Grande does not allow the use of hydrant meters. 89. 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. 90. Existing water services to be abandoned shall be properly abandoned and capped at the main per the requirements of the Public Works Director. 91. The City shall be allowed to investigate excess water from the existing well within Subarea 3 for potential municipal use, and drill a new well if necessary. This activity shall be coordinated with the property owner, and the new well, if needed, shall be located so as not to disrupt the development that would be allowed as a result of this CUP. SEWER 92. The applicant shall extend the sewer main to adequately serve the project across the property frontage. All new sewer mains shall be a minimum diameter of 8”. 93. All sewer laterals within the public right-of-way must have a minimum slope of 2%. 94. Existing sewer laterals to be abandoned shall be properly abandoned and capped at Item 10.a. - Page 78 RESOLUTION NO. PAGE 54 the main per the requirements of the Public Works Director. 95. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized for the appropriate use, minimum 4”. 96. All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with City standards. 97. Obtain approval from the South County Sanitation District for the development’s impact to District facilities prior to permit issuance. 98. Obtain approval from the South County Sanitation District prior to relocation of any District facilities. 99. The applicant must obtain a will-serve letter from the South San Luis Obispo County Sanitation District (SSLOCSD) that verifies the adequacy of the existing offsite wastewater collection system to serve the project. PUBLIC UTILITIES 100. The developer shall comply with Development Code Section 16.68.050: All projects that involve the addition of over 100 square feet of habitable space shall be required to place service connections underground - existing and proposed utilities. The existing above ground utilities that traverse Subarea 2 and 3 must be placed underground prior to the recordation of the Tract Map for Subarea 2. 101. Prior to approving any building permit within the project for occupancy, all conditions of approval for project must be satisfied. 102. Public Improvement plans/Final Map/Parcel Map shall be submitted to the public utility companies for review and approval. Utility comments shall be forwarded to the City Engineer for approval. 103. On streets 40’ or less in width, street lights shall be placed at least 200’ – 250’ apart, or potentially less frequently to minimize impacts on the existing dark night sky views, if it can be found that sufficient public safety is maintained. On streets greater than 40’ in width, a street lighting plan shall be designed and submitted to the Community Development Director for approval. Consideration shall be given to minimizing impacts to views of the existing dark night sky, consistent with Mitigation Measure VIS-4a as included in these conditions and the East Cherry Avenue Specific Plan. 104. Applicant shall fund outsourced plan and map check services, as required. TREE PRESERVATION/TREE REMOVAL PLAN 105. Prior to issuance of grading permit and during construction the applicant shall comply Item 10.a. - Page 79 RESOLUTION NO. PAGE 55 with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. 106. Prior to issuance of a grading or building permit, the developer shall submit a tree preservation and tree removal plan to the Director of Public Works/City Arborist for undeveloped parcels or lots with trees. The plan shall include the location, size and species of all trees located on the lot or on adjoining lots, where development could affect the roots or limbs of trees on adjacent property. 107. All significant trees to be removed as designated by the Director of Public Works/City Arborist shall be replaced at a 3:1 ratio and planted on site. With the approval of the Public Works Director, tree removal shall be mitigated by planting on site, off-site, or payment of in-lieu fees (at the current street tree fee rate for a 15 gallon tree). Larger trees may be required to mitigate tree removal. Prior to issuance of a grading permit, all trees shall be planted or fees paid. 108. Prior to issuance of a grading permit, all trees to remain on site shall be marked with paint/ribbon and protected by a five (5') foot vinyl or chain link fence. The fence shall be located at a minimum of eight (8') foot radius from the trunk of the tree. 109. All trees on the construction site to be preserved shall be protected under the conditions of the Community Tree Ordinance (431 C.S.) which include but are not limited to: a. No mechanical trenching within the drip line of a tree, unless approved by the Public Works Director. b. No storage of equipment, supplies, tools, etc., within 8' of the trunk of any tree. c. No grading shall occur under a trees dripline, unless approved by the Public Works Director. d. A five foot (5') protective fence shall be constructed a minimum of 8' from the trunk of each tree. 110. All trees to be pruned shall be pruned under supervision of a Certified Arborist using the International Society of Arboriculture Pruning Standards. PUBLIC SAFETY 111. Prior to issuance of building permit, applicant to submit exterior lighting plan for Police Department approval. 112. Prior to issuance of a certificate of occupancy, the applicant shall post handicapped parking, per Police Department requirements. Item 10.a. - Page 80 RESOLUTION NO. PAGE 56 FEES AND BONDS 113. The applicant shall pay all applicable City fees, including the following: FEES TO BE PAID PRIOR TO PLAN SUBMITTAL Plan check a.___ for grading plans. (Based on an approved earthwork estimate) Plan check b.___ for improvement plans. (Based on an approved construction cost estimate) Permit Fee c.___ for grading plans. (Based on an approved earthwork estimate) Inspection Fee d.___ of subdivision or public works construction plans. (Based on an approved construction cost estimate) Plan Review Fee e.___ (Based on the current Building Division fee schedule) FEES TO BE PAID PRIOR TO ISSUANCE OF A BUILDING PERMIT Water Neutralization fee a.___, to be based on codes and rates in effect at the time of building permit issuance, involving water connection or enlargement of an existing connection. Water Distribution fee b.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.04.030. Water Meter charge c.___ to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code 6-7.22. Water Availability charge d.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with - (not correct). Traffic Impact fee e.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 461 C.S., Res. 3021. Traffic Signalization fee f.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Ord. 346 C.S., Res. 1955. Sewer Connection fee g.___, to be based on codes and rates in effect at the time of building permit issuance, in accordance with Municipal Code Section 13.12.190. South San Luis Obispo County Sanitation District Connection h.___ fee in accordance with Municipal Code Section 13.12.180. Drainage fee i.___, as required by the area drainage plan for the area being developed. Item 10.a. - Page 81 RESOLUTION NO. PAGE 57 Park Development fee, j.___the developer shall pay the current parks development fee for each unit approved for construction (credit shall be provided for existing houses), to be based on codes and rates in effect at the time of building permit issuance in accordance with Ord. 313 C.S. Construction Tax, k.___ the applicant shall pay a construction tax pursuant to Section 3-3.501 of the Arroyo Grande Municipal Code. Alarm Fee, l.___ to be based on codes and rates in effect at the time of development in accordance with Ord. 435 C.S. Strong Motion Instrumentation Program (SMIP) Fee, m.___to be based on codes and rates in effect at the time of development in accordance with State mandate. Building Permit Fee, n.___ to be based on codes and rates in effect at the time of development in accordance with Title 8 of the Municipal Code. 114. Prior to issuance of a certificate of occupancy, the applicant shall install a burglary \[or robbery\] alarm system per Police Department guidelines, and pay the Police Department alarm permit application fee of ($30.00). BONDING SURETY Erosion Control, 115.prior to issuance of the grading or building permit, all new residential construction requires posting of a $1,200.00 performance bond for erosion control and damage to the public right-of-way. This bond is refundable upon successful completion of the work, less expenses incurred by the City in maintaining and/or restoring the site. EIR MITIGATION MEASURES 116. MM VIS-1a. The Architectural Review Committee shall review Project design and consider impacts to the scenic resources available on or adjacent to the Project site, with particular consideration to the Santa Lucia Mountains. This includes the review of building siting, height, massing, design, and setbacks. The Architectural Review Committee shall determine whether structures obstruct important views of scenic resources, and/or propose design alterations to reduce impacts to important views of scenic resources. 117. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall consider the minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate streetlights and security lighting for public safety. 118. MM AG-2a. The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss Item 10.a. - Page 82 RESOLUTION NO. PAGE 58 of 1.74 acres of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related policies. At the discretion of the City Council, options may include, but not be limited to: 1) Applicant to purchase a parcel of land (size to be determined by City Council) to be put into an agricultural Conservation easement; 2) Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and preserving agricultural land; 3) Council may determine that the 9.79-acre parcel intended to mitigate the loss of prime soils for Subarea 2 also mitigates impacts within Subarea 3; or 4) any other approach determined to be acceptable to the City Council to satisfy the intent of General Plan Goal Ag1 and related policies. In making their determination, the City Council may consider the following circumstances: 1) the loss of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is considered less than significant based on the LESA methodology (see Impact AG-1); and 2) Subarea 3 has not historically been in agricultural production. Based on the above considerations, on July 26, 2016, the City Council determined that no additional mitigation measures (either dedicated land or fees) will be required, provided that development for Subarea 3 is in substantial conformance with what is described in the Specific Plan. 119. MM AQ-1a. The following standard air quality mitigation measures shall be implemented during construction activities at the Project site: Reduce the amount of disturbed area where possible; Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water (non-potable) shall be used when possible; All dirt stock pile areas should be sprayed daily as needed; Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; 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 native grass seed and watered until vegetation is established; Item 10.a. - Page 83 RESOLUTION NO. PAGE 59 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; All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114; Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; All of these fugitive dust mitigation measures shall be shown on grading and building plans; and The contractor or builder should designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holiday 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 Division prior to the start of any grading, earthwork or demolition. 120. MM AQ-1B. The following standard air quality mitigation measures for construction equipment shall be implemented during construction activities at the project site: Maintain all construction equipment in proper tune according to manufacturer’s specifications; Fuel all off-road and portable diesel powered equipment with CARB- certified motor vehicle diesel fuel (non-taxed version suitable for use off- road). Item 10.a. - Page 84 RESOLUTION NO. PAGE 60 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; 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; 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; On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit; Diesel idling within 1,000 feet of sensitive receptors in not permitted; Staging and queing areas shall not be loated within 1,000 feet of sensitive receptors; Electrify equipment when feasible; Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, Use alternatively fueled construction equipment on-site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. 121. MM AQ-1c. A Construction Activity Management Plan shall be included as part of project grading and building plans and shall be submitted to the APCD for review and to the City for approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off-site. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements: Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions; Tabulation of on and off-road construction equipment (age, horse- power and miles and/or hours of operation; Item 10.a. - Page 85 RESOLUTION NO. PAGE 61 Limit the length of the construction work-day period, if necessary; and, Phase construction activities, if appropriate. 122. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). 123. MM AQ-2a. The Applicants shall include the following: Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoors. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping. Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. 124. MM AQ-2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality Handbook, the following mitigation measures would apply to the Project. \[SEE THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE COMPLETE LIST OF MEASURES.\] 125. MM AQ-3a. The Applicants shall implement the following Best Available Control Technology (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel exhaust to sensitive receptors: Further reduce emissions by expanding use of Tier 3 and Tier 4 off- road and 2010 on-road compliant engines; Repowering equipment with the cleanest engines available; and, Installing California Verified Diesel Emission Control Strategies. 126. MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the necessary APCD permits when appropriate. To minimize potential delays, prior to the start of development within each subarea, the APCD’s Engineering Division shall be contacted for specific information regarding permitting requirements. Item 10.a. - Page 86 RESOLUTION NO. PAGE 62 127. MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the Applicants shall coordinate with the City Public Works and Community Development Department and work with SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. 128. MM BIO-1a. Construction equipment and vehicles shall be stored at least 100 feet away from areas associated with the existing drainage and adjacent oak woodland habitat, and all construction vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. 129. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction shall be conducted between September 1 and January 31, outside of the primary nesting season for birds, unless City-approved preconstruction nesting bird surveys are conducted that determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with the establishment of a nondisturbance buffer zone around active nest, which shall be in place until the adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings, and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be verified by the Project Environmental Monitor through submission of compliance reports. 130. MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. All construction employees that have the potential to come into contact with contaminated soil/bedrock and safety plan, which includes proper training and personal protective equipment. 131. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to lead and other potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). 132. MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of soil/bedrock and groundwater shall be conducted to assess potential releases associated with the listed former adjacent land uses and the potential migration of contaminants onto the Project site. The analytical suite selected shall be consistent with those uses, and shall include applicable analytical methods for appropriate waste characterization and disposal. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical Item 10.a. - Page 87 RESOLUTION NO. PAGE 63 distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). 133. MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce the potential for structural damage to the proposed development including: A detailed description and map of fire protection apparatus and staging locations, the locations of the electric and gas shut off controls, emergency meeting locations, and emergency supply locations; and Relevant building design specifications that would qualify the building for identification as a safe refuge during a wildfire. 134. MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard areas. Require the installation of smoke detectors in all new residences. 135. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of fire season. 136. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire resistant native species. Non-native species shall not be included in the final landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, as well as locations and types of new plantings. 137. MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Intent (NOI) for discharge from the proposed development site. 138. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Public Works Department prior to the issuance of grading permits. The contractor is responsible for understanding the State General Permit and implementing the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activities on the Project site in excess of one acre, or where the area of disturbance is less than one acre but is part of the Project’s plan of development that in total disturbs one or more acres. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may Item 10.a. - Page 88 RESOLUTION NO. PAGE 64 include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB).The SWPPP shall be submitted to the City along with grading/development plans for review and approval. 139. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a notice of termination of construction of the development with the RWQCB, identifying how pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site. 140. MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110 including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB regulations under the NPDES Phase II program. 141. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water quality system must be reviewed and approved by the City. 142. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall prepare a development maintenance manual for the Project, which shall include detailed procedures for maintenance and operations of any stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer’s maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. 143. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable maintenance organization shall submit to the City of Arroyo Grande Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. 144. MM NOI-1a. For all construction activity at the Project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels Item 10.a. - Page 89 RESOLUTION NO. PAGE 65 are maintained within levels allowed by the City’s Noise Standards. Such techniques shall include, but are not limited to: Sound blankets on noise-generating equipment. Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 7:00 P.M. Monday through Friday. No movement of heavy equipment shall occur on Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day). Temporary sound barriers shall be constructed between construction sites and affected uses. 145. MM NOI-1b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City’s Community Development Department. 146. MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. 147. MM TRANS-1a. Future development occurring under the proposed Project shall be required to prepare a Construction Transportation Management Plan for review and approval by the City prior to issuance of a building permit to address and manage traffic during construction and shall be designed to: Prevent traffic impacts on the surrounding roadway network Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable Ensure safety for both those constructing the project and the surrounding community Item 10.a. - Page 90 RESOLUTION NO. PAGE 66 Prevent substantial truck traffic through residential neighborhoods The Construction Transportation Management Plan shall be subject to review and approval by the following City departments: Community Development, Public Works, Fire, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following throughout the Duration of Construction: A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Community Development Department prior to commencement of construction and implemented in accordance with this approval. Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right- of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. Streets and equipment shall be cleaned in accordance with established Public Works requirements. Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. Any requests for work before or after normal construction hours within the public right-of-way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Item 10.a. - Page 91 RESOLUTION NO. PAGE 67 Project coordination elements that shall be implemented prior to commencement of construction: The traveling public shall be advised of impending construction activities which may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification,and implementation of an approved Construction Impact Mitigation Plan). A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right-ofway shall be obtained. Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. 148. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to create an exclusive right turn lane. The Applicants shall submit plans for the restriping of West Branch Street including any modifications necessary to the northeast curb return and sidewalk to provide for design vehicle turning movements to the City for review and approval from the City Engineer, concurrent with the submittal of the project’s public improvement plans. Road improvements shall be installed, inspected, and approved by the City prior to issuance of the first building permit. 149. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for a transportation improvement that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project’s long-term impact on the cumulative Item 10.a. - Page 92 RESOLUTION NO. PAGE 68 condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. The Applicant shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. The Applicants shall submit payment of their fair share of funding for the above mitigation prior to issuance of grading and/or building permits. The City shall determine the amount of payment of fair shares for each Applicant commensurate with metrics that demonstrate the relative level and intensity of proposed development (e.g., square footage, land use type, trip generation, etc.). The City shall establish a separate East Grand Avenue/West Branch Street traffic mitigation fund to accept the Applicant’s payment(s). Item 10.a. - Page 93 RESOLUTION NO. PAGE 69 EXHIBIT C CEQA FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS I. PURPOSE OF THE FINDINGS The purpose of these findings is to satisfy the requirement of Public Resources Code Section 21000, et seq., and Sections 15091, 15092, 15093 and 15097 of the CEQA Guidelines, 14 Cal. Code Regulations, Sections 15000, et seq., associated with approval of the East Cherry Avenue Specific Plan Project. These findings provide the written analysis and conclusions of the City Council regarding the Project. They are divided into general sections, each of which is further divided into subsections. Each addresses a particular impact topic and/or requirement of law. At times, these findings refer to materials in the administrative record, which is available for review in the City’s Planning Division. II. PROJECT OBJECTIVES Pursuant to CEQA Guidelines Section 1512 4, the environmental impact report (EIR) must identify the objectives sought by the proposed project. As noted in Section 2.5 of the Final EIR for the Project, the Project objectives are: To designate appropriate land uses and design guidelines within the Specific Plan that will guide future development within the Project site; To provide for historical, recreational, and residential opportunities that both complement and augment the existing uses in the City; To comply with the Agriculture, Conservation and Open Space Element Implementation Policy AG 14.2 with the protection and preservation of offsite agricultural lands; To set forth a development plan(s) capable of underwriting the cost of public and private infrastructure and capital improvements proposed as part of the Specific Plan; and, To promote orderly and attractive community development in the context of existing neighborhoods and in recognition of future development in the vicinity. III. PROJECT DESCRIPTION The Project site consists of three adjacent parcels under separate ownerships referred to as Subarea 1 – a 2.16-acre plot owned by SRK Hotels; Subarea 2 – a 11.62-acre plot owned by Mangano Homes, Inc.; and Subarea 3 – a 1.51-acre plot owned by the Arroyo Grande Valley Japanese Welfare Association (JWA). In total, the Project includes 15.29 acres at the southeast corner of Traffic Way and East Cherry Avenue. Subarea 1 is currently zoned as Traffic Way Mixed- Use (TMU) for the use of automobile sale and services. Subarea 2 remains undeveloped and has historically been zoned for agricultural production. Subarea 3, however, has a deep-rooted history dating back to its original purchase in the 1920s by the JWA and until 2011, has been host to a variety of uses. The Project is a Specific Plan, General Plan Amendment, Development Code Amendment and Vesting Tentative Tract Map. The intent of the Project is to develop a specific plan with mixed use and residential uses along the frontage of East Cherry Avenue and Traffic Way, with the inclusion of a circulation network consisting of collector streets and residential alleys. Subarea 1 of the Project Item 10.a. - Page 94 RESOLUTION NO. PAGE 70 site could be developed with a 90- to 100-room hotel and restaurant use under a future Conditional Use Permit (CUP), which is not being considered at this time. The Project envisions the development of Subarea 2 for residential use as a 54-lot subdivision with 51 single-family residential lots along with a 0.5-acre neighborhood park that also acts as a drainage basin. The proposed development of Subarea 3 would provide for a mix of retail, residential and visitor serving uses that expresses the ideologies of the JWA and is both compatible with and supports the local community. Major Project components outlined in the East Cherry Avenue Specific Plan include: 1) Establishment of a land use plan and design concepts for the properties within the Specific Plan, consistent with the City of Arroyo Grande’s General Plan; 2) Sustainable design and development practices; 3) A circulation system with a new Project collector and residential streets, a residential alley, and offsite improvements to the existing East Cherry Avenue; 4) A drainage system designed to direct stormwater to historical points of discharge, as well as incorporate Low Impact Development (LID) methodologies and other methods of on-site infiltration and stormwater reuse; and 5) Extension of utility lines and infrastructure. IV. THE CEQA PROCESS A Draft and a Final Environmental Impact Report (collectively, the “EIR”) has been prepared for and by the City in accordance with the California Environmental Quality Act (“CEQA”, Public Resources Code Sec 21000 et seq.), and the State CEQA Guidelines (14 Cal. Code of Regulations, Sections 15000 et seq.) in connection with the Project. The EIR for the Project consists of the following: A. Draft Environmental Impact Report (“DEIR”), issued April 11, 2016; B. All appendices to the DEIR; C. Final Environmental Impact Report (“FEIR”), issued July 21, 2016, containing all written comments and responses on the DEIR, refinements and clarifications to the DEIR, the mitigation monitoring and reporting program, and technical appendices; D. All of the comments and staff responses entered into the record orally and in writing, as well as accompanying technical memoranda or evidence entered into the record. In conformance with CEQA, the City has taken the following actions in relation to the EIR. Item 10.a. - Page 95 RESOLUTION NO. PAGE 71 V. FINDINGS ARE DETERMINATIVE The City Council certifies that the EIR has been completed in compliance with CEQA and that it was presented to, and reviewed and considered by, the City Council prior to acting on the Project. In so certifying, the City Council recognizes that there may be differences in and among the different sources of information and opinions offered in the documents and testimony that make up the EIR and the administrative record; that experts disagree; and that the City Council must base its decision and these findings on the substantial evidence in the record that it finds most compelling. Therefore, by these findings, the City Council ratifies, clarifies, and/or makes insignificant modifications to the EIR and resolves that these findings shall control and are determinative of the significant impacts of the Project. The mitigation measures proposed in the EIR are adopted in this document, substantially in the form proposed in the EIR, with such clarifications and non-substantive modifications as the City Council has deemed appropriate to implement the mitigation measures. Further, the mitigation measures adopted in this document are expressly incorporated into the Project pursuant to the adopted conditions of approval. The findings and determinations in this document are to be considered as an integrated whole and, whether or not any subdivision of this document to cross-reference or incorporate by reference any other subdivision of this document, that any finding or determination required or permitted to be made shall be deemed made if it appears in any portion of this document. All of the text included in this document constitutes findings and determinations, whether or not any particular caption sentence or clause includes a statement to that effect. Each finding herein is based on the entire record. The omission of any relevant fact from the summary discussions below is not an indication that a particular finding is not based in part on the omitted fact. Many of the mitigation measures imposed or adopted pursuant to this document to mitigate the environmental impacts identified in the administrative record may have the effect of mitigating multiple impacts (e.g., conditions imposed primarily to mitigate traffic impacts may also secondarily mitigate air quality impacts, etc.). The City Council has not attempted to exhaustively cross-reference all potential impacts mitigated by the imposition of a particular mitigation measure; however, such failure to cross-reference shall not be construed as a limitation on the potential scope or effect of any such mitigation measure. Reference numbers to impacts, mitigation measures, and page numbers in the following sections are to the page numbers used in the EIR, as specified. VI. IMPACTS, MITIGATION MEASURES, AND FINDINGS In conformance with Section 15091 of the State CEQA Guidelines, this section of the findings lists each significant environmental effect of the project listed in the EIR; describes those mitigation measures recommended in the EIR; and, as required by Section 15091(a), finds that either: the adopted mitigation measures have substantially lessened the significant effect; the adopted mitigation measures, though implemented, do not substantially lessen the significant effect; the mitigation measures cannot be adopted and implemented because they are the responsibility of another public agency; or that specific considerations make infeasible the mitigation measures identified in the EIR. Item 10.a. - Page 96 RESOLUTION NO. PAGE 72 All feasible mitigation measures listed below have been incorporated into the Mitigation Monitoring and Reporting Program (“MMRP”) included as Attachment A to this Resolution. Compliance with the MMRP is a condition of approval of the Project, and the construction of the Project will incorporate all conditions contained in the MMRP. A. Aesthetics and Visual Resources Impact VIS-1: Implementation of the Project would result in impacts to the existing aesthetic and visual resources present at the site and surrounding areas, particularly the adjacent hillside and distant views of the San Lucia Range. VIS-4: The proposed Project would introduce new sources of nighttime light, impacting the quality of the nighttime sky and increasing ambient light. Mitigation MM VIS-1a. The Architectural Review Committee shall review Project design and consider impacts to the scenic resources available on or adjacent to the Project site, with particular consideration to the Santa Lucia Mountains. This includes the review of building siting, height, massing, design, and setbacks. The Architectural Review Committee shall determine whether structures obstruct important views of scenic resources, and/or propose design alterations to reduce impacts to important views of scenic resources. MM VIS-4a. Upon review of the Project, the Architectural Review Committee shall consider the minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the visual quality nighttime sky. However, the Architectural Review Committee shall allow adequate streetlights and security lighting for public safety. Finding Implementation of the above FEIR mitigation measures would reduce impacts to aesthetics and less than significant visual resources from development to a level. Evidence in Support of Finding The FEIR analyzed potential impacts to views of distant topography and the Santa Lucia range by identifying Key Viewing Areas (KVAs), using photosimulations, and assessing characteristics of scenic resources such as visual quality viewer exposure, and view sensitivity. MM VIS-1a would ensure adequate review by the Architectural Review Committee to ensure that the Project does not block important views of scenic resources such as the Santa Lucia Mountains, and adheres to goals and standards established by the City that minimize impacts to scenic resources. The FEIR found that development of the Project site would alter current lighting conditions by significantly increasing the amount of exterior light fixtures and light produced within the Project site, although no lighting plan was available at the time of analysis. The implementation of MM VIS-4a would require the Architectural Review Committee to consider lighting impacts prior to approval, which would reduce potential impacts to nighttime lighting associated with the Project to the maximum extent feasible, while still retaining lighting for safety and security purposes. See Section 3.1.4, Aesthetics and Visual Resources, of the FEIR, pages 3.1-18 through 3.1-21 and 3.1-24 through 3.1-26. Item 10.a. - Page 97 RESOLUTION NO. PAGE 73 B. Agricultural Resources Impact AG-2: The proposed Project would result in the conversion of agricultural land uses within the Project site, creating potentially significant impacts with respect to consistency with City Goal Ag1 and related policies in the Agriculture, Conservation and Open Space Element, which seek protection of prime farmland. Mitigation MM AG-2a. The Applicant (Arroyo Grande Valley JWA) shall mitigate for the loss of 1.74 acres of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related policies. At the discretion of the City Council, options may include, but not be limited to: 1) Applicant to purchase a parcel of land (size to be determined by City Council) to be put into an agricultural conservation easement, 2) Applicant to pay in-lieu fees to a designated fund dedicated to acquiring and preserving agricultural land; 3) Council may determine that the 9.79- acre parcel intended to mitigate the loss of prime soils for Subarea 2 also mitigates impacts within Subarea 3; or 4) any other approach determined to be acceptable to the City Council to satisfy the intent of General Plan Goal Ag1 and related policies. In making their determination, the City Council may consider the following circumstances: 1) the loss of prime agricultural land for the entire Specific Plan area, including for Subarea 3, is considered less than significant based on the LESA methodology (see Impact AG-1); and 2) Subarea 3 has not historically been in agricultural production. Based on the above considerations, on July 26, 2016, the City Council determined that no additional mitigation measures (either dedicated land or fees) will be required, provided that development for Subarea 3 is in substantial conformance with what is described in the Specific Plan. Finding Implementation of the above FEIR mitigation measure would reduce potentially significant less than significant impacts to agricultural resources from development to a level. Evidence in Support of Finding The FEIR found that the Project would convert prime farmland to nonagricultural uses and would change the existing agricultural zoning within Subareas 2 and 3 to nonagricultural zoning. Although Subarea 2 contains prime soils and is zoned for agriculture, the City Council determined that offsite agricultural protection of a 9.79-acre parcel located at 1189 Flora Road would serve as mitigation for Subarea 2. However, the FEIR found that Subarea 3 contains 1.74 acres of prime soils and is zoned for agriculture, which would require mitigation for the loss of agricultural resources under General Plan Policy Ag1-4.2. Application of MM AG-2a would ensure compliance with Policy Ag1-4.2 and that agricultural resources within Subarea 3 are appropriately mitigated. The City Council must determine if the proposed 9.79-acre offsite agricultural parcel also mitigates for impacts within Subarea 3, or if other measures would need to be taken. See Section 3.2.4, Agricultural Resources, of the FEIR, pages 3.2-16 through 3.2-19. Item 10.a. - Page 98 RESOLUTION NO. PAGE 74 C. Air Quality and Greenhouse Gas Emissions Impact AQ-1: The proposed Project would result in significant short-term construction-related air quality impacts from dust and air pollutant emissions generated by grading and construction equipment operation. AQ-2: The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. AQ-3: Release of toxic diesel emissions during initial construction and long-term operation of the proposed Project could expose nearby sensitive receptors to such emissions. AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD’s 2001 Clean Air Plan. Mitigation MM AQ-1a. The following standard air quality mitigation measures shall be implemented during construction activities at the Project site: 1. Reduce the amount of disturbed area where possible; 2. Water trucks or sprinkler trucks shall be used during construction to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would require twice-daily applications. All dirt stock pile areas should be sprayed daily as needed. Increased watering frequency would be required when wind speeds exceed 15 miles per hour (mph). Reclaimed water (non-potable) shall be used when possible; 3. All dirt stock pile areas should be sprayed daily as needed; 4. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; 5. 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 native grass seed and watered until vegetation is established; 6. 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; 7. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; Item 10.a. - Page 99 RESOLUTION NO. PAGE 75 8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; 9. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard in accordance with California Vehicle Code Section 23114; 10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; 11. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; 12. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and 13. The contractor or builder should designate a person or persons to monitor the fugitive dust control emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holiday 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 Division prior to the start of any grading, earthwork or demolition. MM AQ-1b. The following standard air quality mitigation measures for construction equipment shall be implemented during construction activities at the Project site: 1. Maintain all construction equipment in proper tune according to manufacturer’s specifications; 2. Fuel all off-road and portable diesel powered equipment with CARB-certified motor vehicle diesel fuel (non-taxed version suitable for use off-road). 3. 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; 4. 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; 5. 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; Item 10.a. - Page 100 RESOLUTION NO. PAGE 76 6. On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the five-minute idling limit; 7. Diesel idling within 1,000 feet of sensitive receptors in not permitted; 8. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; 9. Electrify equipment when feasible; 10. Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and, 11. Use alternatively fueled construction equipment onsite where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. MM AQ-1c. A Construction Activity Management Plan shall be included as part of Project grading and building plans and shall be submitted to the APCD for review and to the City for approval prior to the start of construction. In addition, the contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone of such persons shall be provided to the APCD prior to land use clearance for map recordation and grading. The plan shall include but not be limited to the following elements: 1. Schedule construction truck trips during non-peak hours (as determined by the Public Works Director) to reduce peak hour emissions; 2. Tabulation of on and off-road construction equipment (age, horse-power and miles and/or hours of operation; 3. Limit the length of the construction work-day period, if necessary; and, 4. Phase construction activities, if appropriate. MM AQ-1d. To reduce ROG and NOx levels during the architectural coating phase, low or no VOC-emission paint shall be used with levels of 50 g/L or less, such as Benjamin Moore Natura Paint (Odorless, Zero VOC Paint). MM AQ-2a. The Applicants shall include the following: 1. Water Conservation Strategy: The Applicants shall install fixtures with the EPA WaterSense Label, achieving 20 percent reduction indoor. The Project shall install drip, micro, or fixed spray irrigation on all plants other than turf, also including the EPA WaterSense Label, achieving 15 percent reduction in outdoor landscaping. Item 10.a. - Page 101 RESOLUTION NO. PAGE 77 2. Solid Waste: The Applicants shall institute recycling and composting services to achieve a 15 percent reduction in waste disposal, and use waste efficient landscaping. 3. Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area disturbed in accordance with CARB Rule 403. MM AQ-2b. Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air Quality Handbook, applicable mitigation measures would apply to the Project as shown in the Mitigation Monitoring and Reporting Program for this project. MM AQ-3a. The Applicants shall implement the following Best Available Control Technology (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel exhaust to sensitive receptors: 1. Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on- road compliant engines; 2. Repowering equipment with the cleanest engines available; and, 3. Installing California Verified Diesel Emission Control Strategies. MM AQ-3b. The Applicants shall ensure that all equipment used in operational activities has the necessary APCD permits when appropriate. To minimize potential delays, prior to the start of development within each subarea, the APCD’s Engineering Division shall be contacted for specific information regarding permitting requirements. MM AQ-5a. Consistent with the City’s Goal CT4 to promote transit use, the Applicants shall coordinate with the City Public Works and Community Development Department and work with SLORTA and SCT to establish a sheltered transit stop on East Cherry Avenue near the Project site. Finding Nine mitigation measures would help to reduce four potentially significant impacts to air quality and greenhouse gas emissions; two impacts (Impact AQ-2 and Impact AQ-5) would remain significant and unavoidable and two impacts (Impact AQ-1 and Impact AQ-3) would be less than significant reduced to a level. Evidence in Support of Finding CalEEMod was used to estimate construction air quality emissions after application of MM AQ- 1a through d, and showed construction emissions from the Project would be below the APCD thresholds (see Table 3.3-7 and Appendix E of the FEIR). See Section 3.3.4, Air Quality and Greenhouse Gas Emissions, of the FEIR, pages 3.3-18 through 3.3-22. After implementation of MM AQ-2a and b, operational emissions estimated with CalEEMod were reduced, but ROG + NO were still found to be above the APCD thresholds and would x therefore be significant and unavoidable (Table 3.3-9 and Appendix E of the FEIR). The FEIR found that the Project is not located near a significant source of TACs, but the Project Item 10.a. - Page 102 RESOLUTION NO. PAGE 78 has the potential to produce TACs during construction and operational activities adjacent to residential uses. Implementation of MM AQ-3a and b would ensure TAC emissions generated by the Project would be less than significant near sensitive receptors as Applicants would apply appropriate diesel particulate control technology to construction equipment and obtain appropriate APCD permits for the operation of equipment. See Section 3.3.4, Air Quality and Greenhouse Gas Emissions, of the FEIR, pages 3.3-23 through 3.3-31. The FEIR evaluated Project consistency with the 2001 Clean Air Plan against population projections, vehicle trips, and use of Transportation Control Measures (TCMs), and found that although the Project incorporates land use strategies outlined in the Clean Air Plan, population growth and vehicle trip generation associated with the Project would exceed the Clean Air Plan’s projections. While implementation of MM AQ-5a would expand the local transit network and potentially reduce trip generation associated with the Project, the Project would continue to exceed projections in the 2001 Clean Air Plan. See Section 3.3.4, Air Quality and Greenhouse Gas Emissions, of the FEIR, pages 3.3-33 through 3.3-36. D. Biological Resources Impact BIO-1: Project construction and major alteration of the Project site would result in a loss of low- value agricultural and disturbed ruderal habitats and potential indirect impacts to the adjacent oak woodland habitat. BIO-2: Project construction and operation has the potential to create significant impacts to the movement of native resident or migratory wildlife on the Project site. Mitigation MM BIO-1a. Construction equipment and vehicles shall be stored at least 100 feet away from areas associated with the existing drainage and adjacent oak woodland habitat, and all construction vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. MM BIO-2a. Vegetation removal and initial site disturbance for Project construction shall be conducted between September 1 and January 31, outside of the primary nesting season for birds, unless City-approved preconstruction nesting bird surveys are conducted that determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found, then these nest sites shall be avoided with the establishment of a non-disturbance buffer zone around active nest, which shall be in place until the adults and young of the year no longer rely on the nest site for survival. The study, surveys, findings, and recommendations shall be prepared by a City approved qualified biologist. Compliance shall be verified by the Project Environmental Monitor through submission of compliance reports. Finding Implementation of the above FEIR mitigation measures would reduce potentially significant less than significant impacts to biological resources from development to a level. Evidence in Support of Finding The FEIR found that existing habitats with the Project site are low value and impacts associated with habitat removal would be minimal due to the fact that the Project site has been disturbed Item 10.a. - Page 103 RESOLUTION NO. PAGE 79 for over 60 years. However, the Project site is adjacent to a drainage ditch with riparian vegetation and a hillside slope with oak woodland habitat. The Project would not directly impact habitat, but has the potential to have a significant impact indirectly from construction activities. Application of MM BIO-1a, which requires a construction management plan to place staging and maintenance areas away from sensitive biological resources, would reduce potential indirect construction impacts to the adjacent oak woodland hillside by limiting noise, human presence, and operation of equipment near the hillside. See Section 3.4.4, Biological Resources, of the FEIR, pages 3.4-15 and 3.4-16. The FEIR and associated Biological Resources Assessment found that oak trees, other nonnative trees, and ruderal vegetation within the Project site provide suitable nesting habitat for birds. Implementation of MM BIO-2a would reduce potential impacts to migratory birds by ensuring no nesting birds are present during vegetation removal activities. See Section 3.4.4, Biological Resources, of the FEIR, pages 3.4-17 through 3.4-18, and Appendix F. E. Hazards and Hazardous Materials Impact HAZ-2: Implementation of the proposed Project could create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. HAZ-4: Implementation of the proposed Project could expose people or structures to a significant risk of loss, injury, or death involving wildland fire, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands. Mitigation MM HAZ-2a. Prior to earthwork activities, a Site-specific Health and Safety Plan shall be developed per California Occupational Safety and Health Administration (Cal/OSHA) requirements. All construction employees that have the potential to come into contact with contaminated soil/bedrock and safety plan, which includes proper training and personal protective equipment. MM HAZ-2b. During earthwork activities, procedures shall be followed to eliminate or minimize construction worker or general public exposure to lead and other potential contaminants in soil. Procedures shall include efforts to control fugitive dust, contain and cover excavation debris piles, appropriate laboratory analysis of soil for waste characterization, and segregation of contaminated soil from uncontaminated soil. The applicable regulations associated with excavation, removal, transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste manifesting). MM HAZ-2c. Prior to beginning construction, additional subsurface sampling of soil/bedrock and groundwater shall be conducted to assess potential releases associated with the listed former adjacent land uses and the potential migration of contaminants onto the Project site. The analytical suite selected shall be consistent with those uses, and shall include applicable analytical methods for appropriate waste characterization and disposal. The sampling strategy shall take into account the locations of potential source areas, and the anticipated lateral and vertical distribution of contaminants in soil and/or groundwater. The results of the investigation shall be documented in a report that is signed by a California Professional Geologist. The report Item 10.a. - Page 104 RESOLUTION NO. PAGE 80 shall include recommendations based upon the findings for additional investigation/remediation if contaminants are detected above applicable screening levels (e.g., excavate and dispose, groundwater and/or soil vapor extraction, or in situ bioremediation). MM HAZ-4a. All Applicants shall prepare and submit a comprehensive Wildfire Emergency Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce the potential for structural damage to the proposed development including: 1. A detailed description and map of fire protection apparatus and staging locations, the locations of the electric and gas shut off controls, emergency meeting locations, and emergency supply locations; and 2. Relevant building design specifications that would qualify the building for identification as a safe refuge during a wildfire. MM HAZ-4b. Require fire resistant material to be used for building construction in fire hazard areas. Require the installation of smoke detectors in all new residences. MM HAZ-4c. The Project site shall be inspected annually by the FCFA. This shall include an inspection of the deadwood and leaf litter, which shall be removed annually prior to the beginning of fire season. MM HAZ-4d. Each hotel room shall be required to have an emergency evacuation plan posted in a visible location. Additionally each room shall have a Wildfire Emergency Procedures binder, which shall include relevant information from the Wildfire Emergency Management Plan, such as the locations of safe refuges, locations of First Aid and emergency supplies, and emergency contacts within the hotel. Training requirements for front-desk hotel staff and any other staff routinely interacting with the public shall include First Aid and First Responder certification as well as annual requirements for wildfire emergency management training scenario exercises prior to the onset of fire season. MM HAZ-4e. The final plant selections for Subareas 1 and 2 shall be limited to fire-resistant native species. Non-native species shall not be included in the final landscaping plan. The final landscape plan for Subareas 1, 2, and 3 shall define precisely the final location and character of trees, as well as locations and types of new plantings. Finding Two impacts to hazards and hazardous materials would be potentially significant. Implementation of the above eight FEIR mitigation measures would reduce all potentially less than significant significant impacts to hazards and hazardous materials to a level. Evidence in Support of Finding The FEIR found that a low potential exists for subsurface contamination within the site related to the adjacent fueling station. The Site-specific Health and Safety Plan as outlined in MM HAZ-2a, procedures contained within MM HAZ-2b, and subsurface sampling is expected to reduce impacts in the event hazardous materials are uncovered during construction. These mitigation measures would reduce health and safety impacts from potential exposure to hazardous materials to a less than significant level. See Section 3.6.4, Hazards and Hazardous Materials, Item 10.a. - Page 105 RESOLUTION NO. PAGE 81 of the FEIR, pages 3.5-14 through 3.5-16. The FEIR found that the Project site is within an area with moderate to high wildfire potential. Implementation of MM HAZ-4a through c would reduce the risk of damage or loss from wildfire with the requirement of a Wildfire Emergency Management Plan that would be reviewed by the Five Cities Fire Authority (FCFA), the use of fire-resistant building materials, and routine inspections performed by the FCFA. As Subarea 1 uses could expose persons to wildfire risks, MM HAZ-4d would require an emergency evacuation plan, staff training, and emergency procedures to reduce damage and loss in the event of a wildfire. In addition, MM HAZ-4e would apply to Subareas 1 and 2, limiting landscaping to fire-resistant and native species to reduce the amount of biofuel within the Project site. See Section 3.6.4, Hazards and Hazardous Materials, of the FEIR, pages 3.5-17 through 3.5-20. F. Hydrology and Water Quality Impact HYD-1: Construction of the proposed Project has the potential to significantly impact surface water quality from increased erosion, sedimentation and polluted runoff. HYD-3: The proposed Project would alter existing onsite drainage systems, resulting in potential impacts to the erosion, siltation, and flooding on or off the site. Mitigation MM HYD-1a. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of Intent (NOI) for discharge from the proposed development site. MM HYD-1b. Storm Water Pollution Prevention Plan. The Applicants shall require the building contractor to prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) to the City Public Works Department prior to the issuance of grading permits. The contractor is responsible for understanding the State General Permit and implementing the SWPPP during construction. A SWPPP for site construction shall be developed prior to the initiation of grading and implemented for all construction activities on the Project site in excess of one acre, or where the area of disturbance is less than one acre but is part of the Project’s plan of development that in total disturbs one or more acres. The SWPPP shall include specific BMPs to control the discharge of material from the site. BMP methods may include, but would not be limited to, the use of temporary detention basins, straw bales, sand bagging, mulching, erosion control blankets, silt fencing, and soil stabilizers. Additional BMPs should be implemented for any fuel storage or fuel handling that could occur onsite during construction. The SWPPP must be prepared in accordance with the guidelines adopted by the State Water Resources Control Board (SWRCB). The SWPPP shall be submitted to the City along with grading/development plans for review and approval. MM HYD-1c. Notice of Termination of Construction. The Applicants shall file a notice of termination of construction of the development with the RWQCB, identifying how pollution sources were controlled during the construction of the Project and implementing a closure SWPPP for the site. MM HYD-1d. All required actions shall be implemented pursuant to Municipal Code 13.24.110 including Storm Water Control Plan submitted to the City of Arroyo Grande and the RWQCB Item 10.a. - Page 106 RESOLUTION NO. PAGE 82 regulations under the NPDES Phase II program. MM HYD-3a. Storm Water Quality Treatment Controls. Best Management Practice (BMP) devices shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water quality system must be reviewed and approved by the City. MM HYD-3b. Stormwater BMP Maintenance Manual. The Applicants shall prepare a development maintenance manual for the Project, which shall include detailed procedures for maintenance and operations of any stormwater facilities to ensure long-term operation and maintenance of post-construction stormwater controls. The maintenance manual shall require that stormwater BMP devices be inspected, cleaned and maintained in accordance with the manufacturer’s maintenance specifications. The manual shall require that devices be cleaned prior to the onset of the rainy season (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual shall also require that all devices be checked after major storm events. MM HYD-3c. Stormwater BMP Semi-Annual Maintenance Report. The developer or acceptable maintenance organization shall submit to the City of Arroyo Grande Public Works Department a detailed report prepared by a licensed Civil Engineer addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. Finding Implementation of the above seven FEIR mitigation measures would reduce all potentially less than significant significant impacts to hydrology and water quality to a level. Evidence in Support of Finding The FEIR found that construction and grading activities could expose disturbed ground to erosion or introduce pollutants into stormwater runoff. Implementation of MM HYD-1a through d, which requires a SWPPP and noticing to comply with the SWRCB, would reduce stormwater related impacts resulting from construction. See Section 3.6.4, Hydrology and Water Quality, of the FEIR, pages 3.6-13 through 3.6-15. The Project would replace 15.29 acres of permeable surfaces with development containing largely impervious surfaces. Drainage conditions under the proposed Project are based on the Hydrology Report within Appendix J of the FEIR. Application of MM HYD-3a through c requires the implementation of BMPs that would reduce impacts related to drainage patterns within the Project site. See Section 3.6.4, Hydrology and Water Quality, of the FEIR, pages 3.6-17 through 3.6-20. G. Land Use and Planning Policies Impact LU-3: The proposed Project is potentially inconsistent with adopted City policies in the General Plan designed to protect agricultural resources, public views, recreational resources, and reduce the threat to new developments from fire. Item 10.a. - Page 107 RESOLUTION NO. PAGE 83 Mitigation Implementation of mitigation measures MM VIS-1a, MM VIS-4a, MM AG-1a, MM HAZ-4a–e, and MM REC-1a would ensure that the proposed Project is consistent with adopted City policies in the General Plan that relate to reducing the threat to new development from fire; and that relate to protecting agricultural resources, public views, and recreational resources. Finding With implementation of nine proposed mitigation measures included in other FEIR impact sections, potentially significant impacts to land use and planning policies would be mitigated to less than significant a level. Evidence in Support of Finding Project consistency with relevant General Plan policies are analyzed within Table 3.7-3 of the FEIR (pages 3.7-9 through 17), and found the Project to be potentially inconsistent with the following policies: COS1-1, LU11-2.4, Ag1-4, Ag1-4.2, S3, S3-1, and PR1. The FEIR found that implementation of MM VIS-1a, MM VIS-4a, MM AG-1a, MM HAZ-4a through e, and MM REC-1a would achieve consistency with the above policies and reduce impacts to less than significant. See Section 3.7.4, Land Use, of the FEIR, pages 3.7-5 through 3.7-8. H. Noise Impact NOI-1: Short-term construction activities would temporarily generate adverse noise and vibration levels that would exceed thresholds established in the City’s General Plan Noise Element. NOI-3: Long-term operational noise impacts associated with the Project from the operation of stationary equipment and site maintenance activities could potentially result in the exceedance of thresholds in the City’s General Plan Noise Element. Mitigation MM NOI-1a. For all construction activity at the Project site, additional noise attenuation techniques shall be employed as needed to ensure that noise levels are maintained within levels allowed by the City’s Noise Standards. Such techniques shall include, but are not limited to: 1. Sound blankets on noise-generating equipment. 2. Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. 3. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. 4. The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours Item 10.a. - Page 108 RESOLUTION NO. PAGE 84 between 7:00 A.M. and 7:00 P.M., Monday through Saturday. No movement of heavy equipment shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). 5. Temporary sound barriers shall be constructed between construction sites and affected uses. MM NOI-1b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City’s Community Development Department. MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. MM NOI-3b. The Applicant (SRK Hotels) shall submit a truck traffic plan to the City Public Works Department which will address timing, noise, location, and number of deliveries for each project component. The Applicant shall cooperate with the City to ensure that impacts to noise- sensitive receptors are mitigated to the maximum extent feasible. Finding The implementation of the above FEIR mitigation measures would reduce all potentially less than significant significant noise impacts from development to a level. Evidence in Support of Finding The FEIR estimated peak construction noise levels near sensitive receptors and found that construction noise would temporarily exceed thresholds. Implementation of MM NOI-1a and b would limit construction noise with noise attenuation techniques and noticing to residents. Residual construction noise impacts would be temporary and would occur within limited hours. See Section 3.8, Noise, of the FEIR, pages 3.8-14 through 3.8-18. Operational noise impacts associated with the Project would be from HVAC systems and site maintenance, and would largely be associated with the proposed hotel and restaurant uses within Subarea 1. The FEIR found that noise levels associated with diesel delivery truck trips and trash pickup can reach approximately 80 dB. Implementation of MM NOI-3a and b would limit the extent of operational noise to impact sensitive receptors through the appropriate placement of HVAC systems and timing of truck deliveries. See Section 3.8, Noise, of the FEIR, pages 3.8-21 and 3.8-22. I. Recreation Impact REC-1: The proposed Project would increase the use of and need for recreational facilities, resulting in potential increased physical deterioration of existing recreational facilities. Mitigation MM REC-1a. Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a park improvement impact fee equal to the land value, plus twenty (20) percent of toward the Item 10.a. - Page 109 RESOLUTION NO. PAGE 85 cost of offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon the fair market value of 0.21 acres, as determined by the formula provided in Section E of Municipal Code Chapter16.64.060, immediately prior to the filling of the final map. At the discretion of the Community Development Director, this requirement may be met by one of several alternative means that would result in additional dedication of lands for recreational use, such that Project suits the need for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing proposed 0.35 neighborhood park to provide more adequate park space, implementation of trail connections from the property to proposed trails identified in the City Bicycle and Trails Master Plan, or the connection of the Project proposed Class I Bikeway located along the Project Residential Collector road with the City proposed bikeway along Trinity Avenue. Finding Implementation of the above FEIR mitigation measure would reduce potentially significant less than significant impacts on recreational resources to a level. Evidence in Support of Finding The FEIR found that Subarea 2 of the Project would generate the need of an additional 0.21 acres of parkland. Application of MM REC-1a, which would require dedication of additional usable public recreation area and/or payment of parkland development impact fees for 0.21 acres would reduce impacts. See Section 3.9.4, Recreation, of the FEIR, pages 3.9-5 through 3.9-7. J. Transportation and Traffic Impact TRANS-1: Project construction activities would potentially create short-term traffic impacts due to congestion from construction vehicles (e.g., construction trucks, construction worker vehicles, equipment, etc.), traffic lane and sidewalk closures, and loss of on-street parking. TRANS-2: Project generated traffic would potentially cause the LOS at the Fair Oaks Avenue/Traffic Way intersection to deteriorate from acceptable to unacceptable LOS in both the AM and PM peak hours, causing a significant impact. With installation of a traffic signal, intersection LOS would be maintained at acceptable LOS. TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1 which requires improvement to LOS D. TRANS-5: The proposed Project would potentially create conflicts with turning movements at driveways and intersections on the Project site. Mitigation MM TRANS-1a. Future development occurring under the proposed Project shall be required to prepare a Construction Transportation Management Plan for review and approval by the City prior to issuance of a building permit to address and manage traffic during construction and Item 10.a. - Page 110 RESOLUTION NO. PAGE 86 shall be designed to: 1. Prevent traffic impacts on the surrounding roadway network 2. Minimize parking impacts both to public parking and access to private parking to the greatest extent practicable 3. Ensure safety for both those constructing the project and the surrounding community 4. Prevent substantial truck traffic through residential neighborhoods The Construction Transportation Management Plan shall be subject to review and approval by the following City departments: Community Development, Public Works, Fire, and Police, to ensure that the Plan has been designed in accordance with this mitigation measure. This review shall occur prior to issuance of grading or building permits. It shall, at a minimum, include the following: Ongoing Requirements throughout the Duration of Construction: 1. A detailed Construction Transportation Management Plan for work zones shall be maintained. At a minimum, this shall include parking and travel lane configurations; warning, regulatory, guide, and directional signage; and area sidewalks, bicycle lanes, and parking lanes. The plan shall include specific information regarding the Project’s construction activities that may disrupt normal pedestrian and traffic flow and the measures to address these disruptions. Such plans shall be reviewed and approved by the Community Development Department prior to commencement of construction and implemented in accordance with this approval. 2. Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This work includes dirt and demolition material hauling and construction material delivery. Work within the public right-of-way outside of these hours shall only be allowed after the issuance of an after-hours construction permit. 3. Streets and equipment shall be cleaned in accordance with established Public Works requirements. 4. Trucks shall only travel on a City-approved construction route. Limited queuing may occur on the construction site itself. 5. Materials and equipment shall be minimally visible to the public; the preferred location for materials is to be on-site, with a minimum amount of materials within a work area in the public right-of-way, subject to a current Use of Public Property Permit. 6. Any requests for work before or after normal construction hours within the public right-of- way shall be subject to review and approval through the After Hours Permit process administered by the Building and Safety Division. Item 10.a. - Page 111 RESOLUTION NO. PAGE 87 7. Provision of off-street parking for construction workers, which may include the use of a remote location with shuttle transport to the site, if determined necessary by the City. Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: 1. The traveling public shall be advised of impending construction activities which may substantially affect key roadways or other facilities (e.g., information signs, portable message signs, media listing/notification, and implementation of an approved Construction Impact Mitigation Plan). 2. A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, as well as any Caltrans permits required for any construction work requiring encroachment into public rights-of-way, detours, or any other work within the public right- of-way shall be obtained. 3. Timely notification of construction schedules shall be provided to all affected agencies (e.g., Police Department, Fire Department, Public Works Department, and Community Development Department) and to all owners and residential and commercial tenants of property within a radius of 500 feet. 4. Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. 5. Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the intersection of Traffic Way and Fair Oaks Avenue. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to create an exclusive right turn lane. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for construction of two roundabouts at the intersection of East Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way, or an alternative transportation improvements that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project’s long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. Applicants shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of East Item 10.a. - Page 112 RESOLUTION NO. PAGE 88 Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. MM TRANS-5a (Recommended Mitigation Measure). As part of review of permits for development of Subarea 1 and the proposed hotel/restaurant, a circulation study shall be prepared to guide driveway location, design, and ingress/egress access in such a way to ensure public safety and utility. Finding Four mitigation measures would help to reduce four potentially significant impacts on significant and transportation and traffic; one impact (Impact TRANS-3) would remain unavoidable and three impacts (Impact TRANS-1, Impact Trans-2, and Impact TRANS-7) less than significant would be reduced to a level. One mitigation measure (MM TRANS-5a) is recommended and would further reduce an impact found to be less than significant (Impact TRANS-5). Evidence in Support of Finding The FEIR found that increased construction traffic related to the Project, particularly large haul trucks and other heavy equipment (e.g., earthmovers), may disrupt local traffic flows, result in congestion at intersections, and generally slow traffic movement. Implementation of MM TRANS-1a would require the preparation of a Construction Impact Mitigation Plan, which would address construction routing and control, vehicular and pedestrian safety, pedestrian/bicycle access, temporary street closures, and construction parking. This would reduce construction traffic impacts to less than significant. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-18 through 3.10-22. Operational impacts of the Project were evaluated using trip generation, trip distribution, and trip assignments contained within the Transportation Impact Analysis Report, Appendix K of the FEIR. The FEIR found that Project traffic would exceed City thresholds for the unsignalized intersection at Fair Oaks Avenue/Traffic Way. Implementation of MM TRANS-2a, which requires the installation of a new traffic signal, would mitigate this impact. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-22 and 3.10-23, and Appendix K. The FEIR found that Project-generated traffic would result in a significant impact at the intersection of East Grand Avenue/West Branch Street. In order to mitigate this impact, construction of two roundabouts, one at East Grand Avenue/U.S. Highway 101 northbound ramps, and one at East Branch Street/Traffic Way would be required. However, the FEIR found that the cost to design and construct the roundabouts may not be proportional to the level of Project impacts at this intersections. MM TRANS-3a and b would require the Applicants to modify the lane geometry of East Grand Avenue/West Branch Street and pay a fair share contribution towards transportation improvement costs at this intersection. However, because the construction of the two roundabouts is currently unscheduled and unfunded and no other feasible mitigation measures are available, Project short-term impacts are significant and unavoidable. However, if transportation improvements at East Grand Avenue/West Branch Street are completed, long-term impacts could be reduced to less than significant. See Section 3.10,Transportation and Traffic, of the FEIR, pages 3.10-23 through 3.10-26, and Appendix K. Lastly, the FEIR found that Subarea 1 access to Traffic Way would potentially create turning movement conflicts due to relatively high speed traffic coming from the U.S. Highway 101 northbound offramp onto Traffic Way. While this impact was identified as less than significant, MM TRANS-5a, which recommends a circulation study for Subarea 1, would further reduce this Item 10.a. - Page 113 RESOLUTION NO. PAGE 89 impact. See Section 3.10, Transportation and Traffic, of the FEIR, pages 3.10-27 and 3.10-28. K. Utilities and Public Services Impact UT-2: The proposed Project would require the expansion of existing utility infrastructure including water, sewer, gas and electricity into the site; the construction of which would cause potentially significant environmental effects. Mitigation Implementation of mitigation measures MM AQ-1a-d, MM BIO-1a, and MM NOI-1a-b would ensure that expansion of existing utility infrastructure needed to support the proposed Project would not result in potentially significant environmental effects. Finding With implementation of seven proposed mitigation measures included in other FEIR impact sections, potentially significant impacts to utilities and public services would be mitigated to a less than significant level. Evidence in Support of Finding Expansion of utilities within the Project site is considered a construction impact, and construction impacts are described in detail within Sections 3.3, Air Quality and Greenhouse Gas Emissions, 3.4, Biological Resources, and 3.8, Noise. All construction impacts associated with the Project are mitigated to a less than significant level with application of the above mitigation measures. See Section 3.11.4, Utilities and Public Services, of the FEIR, pages 3.11- 13 and 3.11-14. VII. SUMMARY OF SIGNIFICANT AND UNAVOIDABLE ADVERSE EFFECTS With respect to the foregoing findings and in recognition of those facts that are included in the record, the City Council has determined that the proposed Project will result in significant unmitigated impacts to Air Quality and Traffic, as follows: 1. Air Quality and Greenhouse Gas Emissions: a. The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. b. The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD’s 2001 Clean Air Plan. 2. Transportation and Traffic: a. Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1 which requires improvement to LOS D. Item 10.a. - Page 114 RESOLUTION NO. PAGE 90 VIII. PROJECT ALTERNATIVES Legal Requirements Section 15126.6(a) of the State CEQA Guidelines requires that an EIR include a “reasonable range of alternatives to the project, or to the location of the project, which would avoid or substantially lessen any significant effects of the project.” Based on the analysis in the EIR, the Project would be expected to result in significant and unavoidable impacts to Air Quality and Traffic. The EIR alternatives were designed to avoid or reduce these significant unavoidable impacts, while attaining at least some of the proposed objectives of the Project. The City Council has reviewed the significant impacts associated with the reasonable range of alternatives as compared to the Project, and in evaluating the alternatives has also considered each alternative’s feasibility, taking into account a range of economic, environmental, social, legal, and other factors. In evaluating the alternatives, the City Council has also considered the important factors listed in the Statement of Overriding Considerations listed in Section IX below. Public Resources Code Section 21081(a)(3) provides that when approving a project for which an environmental impact report has been prepared, a public agency may find that specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or alternatives identified in the environmental impact report and, pursuant to Section 21081(b) with respect to significant effects which were subject to a finding under paragraph (3) of subdivision (a), the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment as more fully set forth in Section IX below. Alternatives Considered but Discarded The following alternatives were considered but eliminated from further analysis by the Lead Agency due to infeasibility, inconsistency with primary Project objectives, or inability to reduce significant impacts: Other Comparable Sites Alternative Under the Other Comparable Sites Alternative, the proposed Project would be located at another large, predominantly vacant property. Potential offsite alternative locations were screened for consideration based on size requirements (approximately 15 acres) and objectives for residential and commercial development, similar to the proposed Project. Potential sites generally consisted of other agricultural parcels located along the City boundary, which would not necessarily result in a reduction of impacts, and some identified sites could potentially result in increased traffic congestion, as well as impacts to hydrology and water quality, and biological resources. Therefore, this alternative was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Circulation Planning Alternative An alternative circulation plan to avoid or lessen traffic and transportation safety impacts was considered, including realignment of onsite roadways and/or connection points to surrounding roadways, as well as, improved connectivity for onsite and offsite pedestrian and bike facilities. However, contribution to AM and PM peak hour level of service (LOS) ‘F’ impacts at the East Grand Avenue/West Branch Street intersection were determined to be significant and unavoidable under this alternative and would not be reduced compared to the proposed Project. Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Agricultural Preserve Alternative Preservation of the Project site solely for agricultural production, facilitated through an agricultural Item 10.a. - Page 115 RESOLUTION NO. PAGE 91 preserve designation, was considered as an alternative. However, this alternative would be inconsistent with the City’s General Plan/Land Use Map designation intended for traffic mixed-use development in Subarea 1. In addition, this alternative would not meet the Project objectives, which include the provision of historical, recreational, and residential opportunities that complement and augment existing uses in the City. Finally, this alternative would not be necessary to reduce potentially significant impacts since the proposed Project would meet City policies through agricultural land dedication and payment of in-lieu mitigation fees. Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Additional Park and Recreational Facilities Development of a portion of the Project site (Subarea 1) for additional park and recreational facilities was considered as an alternative to the proposed ProjectThis would increase the ratio of park land acres per resident as required by policies and standards in the City’s General Plan Parks and Recreation Element. However, this alternative would be inconsistent with the City’s General Plan/ Land Use Map for Subarea 1, and would not be necessary since the proposed Project could meet City park standards and reduce potentially significant impacts by dedicating and improvement the proposed neighborhood park and through payment of in-lieu mitigation fees. Therefore, this option was considered and discarded, consistent with CEQA Guidelines Section 15126.6(c). Alternatives Considered for Analysis Alternative 1: No Project Alternative Description Under the No Project Alternative, the Project would not be approved and no proposed development would occur. This alternative could result in two possible outcomes. Under one possible outcome, the No Project Alternative would be a continuation of the existing setting. The Project site would remain vacant for the foreseeable future and no development would occur. Under this alternative, ongoing agricultural production would continue in Subarea 2 and 3, with associated water use, application of pesticides and herbicides and other ongoing impacts (e.g., dust generation). Subarea 3 would retain its agricultural zoning and would remain undeveloped for the foreseeable future. Subarea 1 may remain a fallow agricultural field unless agricultural uses are resumed. No new hotel/restaurant or residences would be constructed and no associated new source of automobile trips would be generated with impacts to congestion, air pollutants, and GHG emissions. In addition, the Japanese Welfare Association (JWA) cultural heritage and historic garden facility would not be developed. Therefore, no changes would occur with regard to aesthetics, agricultural resources, air quality, biological resources, hazards and hazardous materials, hydrology and water quality, land use, noise, recreation, transportation and traffic, or utilities and public services. A second possible outcome of the No Project Alternative would be development of the Project site in accordance with the City’s existing zoning and General Plan/Land Use Map. The City’s General Plan/Land Use Map identifies the Project site land use as Mixed-Use (Subarea 1) and Agriculture (Subareas 2 and 3), and defines residential densities, subdivision designs, envisioned mixed uses, and design standards to address land use compatibility between varied uses onsite and with the surrounding neighborhood. The current zoning designation for the Project site is Traffic Way Mixed- Use (TMU) with D-2.11 Design Overlay (Subarea 1) and Agriculture (Subareas 2 and 3), consistent with the City’s General Plan. Under this version of the No Project Alternative, ongoing agricultural production would continue within Subareas 2 and 3; however, potential development of Subarea 1 could result in a variety of automobile-related developments (e.g., automobile sales, automobile parts sales, tire store, quick vehicle lubrication shop, and automobile care center), ranging from approximately 13,000 to 38,000 square feet (sf) of floor area, as intended by the zone designation, or other mixed-use commercial/retail uses under a use permit, including hotel/restaurant, similar to Item 10.a. - Page 116 RESOLUTION NO. PAGE 92 the proposed Project. Environmental impacts similar to the proposed Project would occur as a result of hotel/restaurant development in Subarea 1 under a conditional use permit (CUP) (i.e., significant and unavoidable impacts to LOS at the East Grand Avenue/West Branch Street intersection from the new source of automobile trips). Impacts to the Project site as a whole would be reduced compared to the proposed Project. In addition, impacts to agricultural resources and land use would be less than significant, as development of Subarea 1 for this use would be consistent with existing land use and zoning. While this Subarea contains prime farmland soils, the site is designated for development, and loss of these soils is already anticipated in plans for City build-out. Impacts to other resource areas, including aesthetics, biological resources, hydrology and water quality, land use, noise, recreation, and utilities and public services would be less than under the proposed Project and would have less than significant impacts. Comparison to the Proposed Project Overall, neither outcome of the No Project Alternative would achieve the stated Project objectives. The No Project Alternative would reduce the magnitude of impacts to traffic and air quality emissions. As the No Project Alternative would not involve the development of Subareas 2 and 3, operational air quality emissions would be reduced and would be below APCD’s air quality emissions thresholds and would achieve greater consistently with the CAP; however, traffic impacts would still potentially be significant under the No Project Alternative, in particular, LOS at the East Grand Avenue/West Branch Street intersection. Finding Implementation of the No Project Alternative would result in less adverse environmental impacts than the proposed Project; however, project objectives would not be met. Alternative 2: Reduced Development Alternative Description The Reduced Development Alternative is designed to meet the central objectives of the proposed East Cherry Avenue Specific Plan, namely, to provide for historical, recreational, and residential opportunities that both complement and augment the existing uses in the City. However, this alternative would reduce the scale and intensity of proposed development, and associated trip generation and intersection congestion, air pollutants, and GHG emissions generated by new source of automobile trips. Under this alternative, reductions within the hotel/restaurant component in Subarea 1 and the residential component in Subarea 2 would reduce the number of hotel rooms/restaurant size and the number of residences compared to the proposed Project. The specific square footage and number of units reduced under this alternative was determined based on trip reduction necessary to reduce potential impacts at the Fair Oaks Avenue/Traffic Way intersection from a less than significant unavoidable impact with mitigation under the proposed Project, to a less than significant impact with mitigation. Subarea 1. Based on a traffic level reduction required to reduce impacts to the Fair Oaks Avenue/Traffic Way intersection, the proposed number of hotel rooms in Subarea 1 would be reduced from approximately 100 to 70, and the restaurant size would be reduced from approximately 4,000 to 3,000 sf. Subarea 2. Based on traffic level reduction required to reduce impacts to the Fair Oaks Avenue/Traffic Way intersection, the number of proposed residences in Subarea 2 would be reduced from 58 to 40. Subarea 3. Development within Subarea 3 would the same as under the proposed Project. Item 10.a. - Page 117 RESOLUTION NO. PAGE 93 Based on these development reductions and a traffic rate of 8.92 trips/unit/day, traffic generated by the development of a 70 unit hotel would result in a total of 624.4 trips per day, with an AM peak trip level of 46.9 and a PM peak trip level of 70.7. For the Subarea 2 development, a traffic rate of 9.52 trips/unit/day for a 40 housing units would equate to a total of 380.3 trips per day, with an AM peak trip level of 30.0 and a PM peak trip level of 40.0. Under these reduced development plans, total trips per day would be reduced by approximately 449 trips/day, from a total of 1,646 trips/day generated under the proposed Project, to 1,197 trips/day, with an AM peak trip level of 76 and a PM peak trip level of 104 for the Project. Initial traffic analysis indicates that the reductions in hotel rooms/restaurant size and residences under this alternative would reduce delays and congestion the Fair Oaks Avenue/Traffic Way intersection to a less than significant impact, and implementation of any mitigations measures required under the proposed Project would not be required. Despite a reduction in trips generated by reduced development of the Project, implementation of this alternative would not reduce traffic impacts at the East Grand Avenue/West Branch Street intersection below a significant and unavoidable impact; therefore, impacts at this intersection would remain the same as those anticipated under the proposed project. In addition, reduced employment could incrementally reduce long-distance commuting. Therefore, this alternative would reduce, but not eliminate all of the proposed Project’s significant impacts to traffic and transportation. Short-term air quality impacts would be slightly less than those described for the proposed Project as a result of decreased construction building size for the hotel/restaurant and number of residences, but remain less than significant with mitigations. Operational air quality impacts would be reduced as smaller development would result in fewer automobile trips for hotel/restaurant patrons and residents, and a decrease in air pollutants and GHG emissions when compared to the proposed Project. With the reduction in daily trips due to reduced development of the Project, this alternative would further reduce operational air quality emissions, and impacts would potentially be less than significant. This alternative would also potentially achieve CAP consistency if standard mitigation measures within the CAP are applied. Visual impacts would be slightly less than under the proposed Project due to the decrease in square footage of new building space and resulting views of a reduced scale and intensity development from U.S. Highway 101 and surrounding streets. Lighting and glare impacts would also be somewhat less due to the decreased amount of development in proximity to the existing residential uses surrounding the site. Similar to the proposed Project, standards for outdoor lighting would be applied, per Section 16.48.090 of the City Municipal Code, and exterior light fixtures would be shielded and directed downward to avoid light spill and glare, per Project Design Guidelines and General Plan Policy Ag/C/OS.23. Overall aesthetics impacts would remain less than significant. Short- and long-term noise impacts associated with reduced development of Subarea 1 (i.e., construction, maintenance and pickup/delivery activities, and noise-generating rooftop equipment such as air conditioners or kitchen ventilation systems) would be slightly less than under the proposed Project due to the reduced development size and close proximity of residential units onsite. Mitigation measures listed within Section 3.8, Noise, would continue to be applied to this alternative in order to reduce impacts to below a less than significant level. Similarly, impacts to utilities and public services would slightly decrease with the reduced hotel rooms/restaurant size and dwelling units requiring water, wastewater, solid waste, and police and fire services, and would be less than significant. Impacts to recreation, associated with the City’s required parkland-resident ratio of 4 acres per 1,000 individuals, would be reduced due to the decrease in residential units and individuals. The number of single-family medium-density residences in Subarea 2 would be reduced from 58 to 40, with an associated reduction in individuals from 140 to 96. Under this alternative, the estimated 96 new residents would require 0.38 acres of parkland to meet City standards. Therefore, the Item 10.a. - Page 118 RESOLUTION NO. PAGE 94 proposed Project’s development of a 0.35-acre neighborhood park within Subarea 2 would require the dedication of an additional 0.03 acres of parkland. Similar to the proposed Project, mitigation for payment of a park improvement in-lieu fee equal to the fair market land value, plus twenty (20) percent toward the cost of offsite improvement, for the additional 0.03 acres of parkland would reduce impacts to less than significant. Comparison to the Proposed Project Impacts to agriculture, biology, hazards and hazardous materials, hydrology and water quality, and land use under the Reduced Development Alternative would be slightly less or similar to those described for the proposed Project. All proposed Project mitigation measures would also apply under this alternative. Overall, this alternative would reduce impacts to transportation and GHG emissions. However, LOS impacts at the East Grand Avenue/West Branch Street would continue to be significant and unavoidable. Finding Implementation of the Reduced Development Alternative would result in less adverse environmental impacts than the proposed Project. This alternative has been identified as the environmentally superior alternative, but Project objectives would only be partially met. IX. STATEMENT OF OVERRIDING CONSIDERATIONS As set forth in the preceding sections, the City’s approval of the East Cherry Avenue Specific Plan Project will result in environmental impacts that cannot be substantially lessened or avoided. The following adverse impacts of the proposed Project are considered significant and unavoidable based on the Final EIR, and conclusions and findings of the City Council. While mitigation measures would reduce these impacts, impacts would remain significant and unavoidable. A. Project-Level Impacts Impact AQ-2: The proposed Project would result in significant long-term operation-related air quality impacts generated by area, energy, and mobile emissions. This impact is significant and unavoidable. Impact AQ-5: The proposed Project is potentially inconsistent with the County of San Luis Obispo APCD’s 2001 Clean Air Plan. This impact is significant and unavoidable. Impact TRANS-3: Project generated traffic would potentially cause delays at the East Grand Avenue/West Branch Street intersection which operates at unacceptable LOS F to increase by more than 5 seconds in excess of City standards in both the AM and PM peak hours, causing a significant impact. There are no feasible funded or scheduled mitigation measures available to reduce this impact to a less than significant level consistent with the requirements of City General Plan Policy CT2-1 which requires improvement to LOS D. Therefore, this impact is significant and unavoidable. B. Cumulative Impacts Air Quality and Greenhouse Gas Emissions: Long-term operation of the proposed Project would contribute cumulatively and considerably to Item 10.a. - Page 119 RESOLUTION NO. PAGE 95 localized air quality emissions throughout the City and region. Therefore, the Project contribution to cumulative impacts to air quality and greenhouse gases would result in significant and unavoidable effects. Transportation and Traffic: Under cumulative conditions, significant LOS impacts would continue to occur at the intersection of East Grand Avenue/West Branch Street, which cannot be readily mitigated in a known timeframe because of lack of funding and programming. Therefore, the Project contribution to cumulative impacts to transportation and traffic is considered significant and unavoidable. C. Conclusion Section 15093 of the CEQA Guidelines requires the decision-making agency to balance the economic, legal, social, technological, or other benefits of a proposed Project against its unavoidable impacts. When the lead agency approves a project that will result in significant effects identified in the Final EIR that are not avoided or substantially lessened, the agency must state in writing the reasons in support of its action based on the Final EIR and the information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. Accordingly, the following Statement of Overriding Considerations with respect to the proposed Project's significant unavoidable impacts is hereby adopted. The City Council has balanced the benefits of the proposed Project against its unavoidable adverse environmental risks in determining whether to approve the proposed Project. The City Council finds that the economic, social and other benefits, which would result from development of this proposed Project, outweigh the unavoidable environmental impacts identified above. In making this finding, the City Council considered benefits of the proposed Project to outweigh the unavoidable adverse environmental effects, for the following reasons: The City Council finds that development of the Project site with commercial mixed uses and residential uses that could be allowed under the Specific Plan would be consistent with the City of Arroyo Grande’s General Plan. The creation of new housing stock may enhance the City’s job-housing balance and provide opportunities for increased employee-residents, which could result in reductions to resident commutes outside the City boundaries. Development of commercial uses that could be allowed under the Specific Plan would contribute toward the Transient Occupancy Tax revenues and would generate new employment opportunities for City residents. Short-term construction-related employment will be provided for development of all three Subareas. Additionally, the proposed Project would meet City goals of improvement of transportation and circulation; and enhancement of cultural, educational, and recreational opportunities within the community. Benefits of the proposed Project that the City Council considered are described below: Item 10.a. - Page 120 RESOLUTION NO. PAGE 96 Subarea 1 has been long recognized in the City’s General Plan for projects that would accommodate appropriate (i.e., in character and appearance) and revenue-generating development. Future development in Subarea 1 under the Specific Plan would provide more opportunities for businesses to be located within the Project site, which would provide more employment opportunities for residents and attract new residents to the City. Future development in Subarea 1 under the Specific Plan would increase the number of employees within Subarea 1 of the Project site, which would provide additional opportunities for existing businesses in the area. Future development in Subarea 1 under the Specific Plan would increase local government revenues via additional business tax, which in turn would be used to enhance City services. Residential components of the Specific Plan would contribute to the City’s affordable housing via the in-lieu fee. Design guidelines and standards for the Traffic Way/Station Way include special considerations for anticipated visitor-serving uses, and shared parking. Provision of Class II bicycle lanes in both directions along East Cherry Avenue, parallel to the Project’s northern boundary. Provision of public sidewalks, parkways, and parking along East Cherry Avenue and the Project Boundary. Provision of public sidewalks, parkways, parking, along segments of the Project’s interior road system, including a Class II bicycle lane along the Project Collector Road. Design and construction of a traffic signal at the Fair Oaks Avenue/Traffic Way intersection would minimize impacts to the intersection and be a benefit to the community/neighborhood for pedestrian enhancement. Residential development would foster neighborhood connectivity through the design of streets, sidewalks/pathways, and alternative modes of transportation. Subarea 3 would include three garden zones and would provide community benefits in the forms of cultural, educational, and passive recreational opportunities. The above statements of overriding considerations are consistent with, and substantially advance, the following goals and policies of the City's General Plan: City of Arroyo Grande General Plan Circulation Element: Goal CT3 – Maintain and improve existing “multi-modal” circulation and transportation systems and facilities, to maximize alternatives to new street and highway construction. Policy CT3-3 – Promote non-motorized bike and pedestrian circulation facilities to serve all areas of the City and linking regional systems, with priority coordination with school, park, transit and major public facilities. Goal CT4 – Ensure compatibility and complementary relationships between the circulation/transportation system and existing and planned land uses, promoting Item 10.a. - Page 121 RESOLUTION NO. PAGE 97 environmental objectives such as safe and un-congested neighborhoods, energy conservation, reduction of air and noise pollution, transit, bike and pedestrian friendly characteristics. Economic Development Element: Goal ED3 – Enhance business retention and expansion consistent with the General Plan Land Use Policies to promote and enhance baseline job opportunities within the City for local residents. Policy ED3-3 –Incorporate zoning regulations that promote infill development with opportunities for retaining and expanding businesses. Policy ED3-4 –Continue to balance economic goals with strong policies and programs that promote and maintain the community’s environment, quality of life, and rural character. Goal ED5 – Pursue unique opportunities to promote continuity within commercial service and retail business sectors of the City. Policy ED5-1 –Promote local patronage and strong performance in satisfying local demand for goods and services and the creation of additional jobs. Land Use Element: Goal LU9 – Provide for appropriate maintenance, development and placement of Community Facilities (CF) relative to existing planned land uses. Policy LU9-4 – Ensure that new developments provide opportunities for recreation that are commensurate with the level and type of development. Ensure that recreational uses are compatible with surrounding uses and with sensitive resources that may be present. Goal LU10-2 – For relatively large properties or sites involving diverse adjoining land uses or unusual or unique features, the City may utilize a “Planned Development” or “Specific Plan” combining designation or land use classifications. Policy LU10-2.3 – Encourage appropriate use of Specific Plans, and/or Planned Development combining designation with beneficial features that could not otherwise be achieved. Examples of such features include clustering houses and maintaining open spaces, mixed use, and a design that is sensitive to the site as a whole and its setting. The Council hereby finds that each of the reasons stated above constitutes a separate and independent basis of justification for the Statement of Overriding Considerations, and each is able to independently support the Statement of Overriding Considerations and override the proposed Project's unavoidable environmental effects. In addition, each reason is independently supported by substantial evidence contained in the administrative record. All proposed Project impacts, including the effects of previously identified cumulative impacts, are covered by this Statement of Overriding Considerations. X. MITIGATION MONITORING AND REPORTING PROGRAM Item 10.a. - Page 122 RESOLUTION NO. PAGE 98 The City Council recognizes that any approval of the proposed Project would require concurrent approval of a Mitigation Monitoring and Reporting Program (MMRP), which ensures performance of identified mitigation measures. Such an MMRP would identify the entity responsible for monitoring and implementation, and the timing of such activities. The City will use the MMRP to track compliance with proposed Project mitigation measures. The MMRP will remain available for public review during the compliance period. The MMRP is included as part of the Final EIR, and is hereby incorporated by reference, and included as Exhibit D to this Resolution. XI. THE RECORD The environmental analysis provided in the EIR and these findings are based on and are supported by the following documents, materials and other evidence, which constitute the administrative record for the approval of the Project: A. All application materials for the Project and supporting documents submitted by the applicant, including but not limited to those materials constituting the Project and listed in January 10 Attachment A, B and C to the , 2017 City Council staff report. B. The NOP, comments received on the NOP and all other public notices issued by the City in relation to the EIR (e.g., Notice of Availability). C. The Draft EIR, the Final EIR, all appendices to any part of the EIR, all technical materials cited in any part of the EIR, comment letters, oral testimony, responses to comments, as well as all of the comments and staff responses entered into the record orally and in writing between April 11, 2016 and May 26, 2016. D. All non-draft and/or non-confidential reports and memoranda prepared by the City and consultants related to the EIR, its analysis and findings. E. Minutes and transcripts of the discussions regarding the Project and/or Project components at public hearings or scoping meetings held by the Planning Commission and the City Council. F. Staff reports associated with Planning Commission and Council Meetings on the Project and supporting technical memoranda and any letters or other material submitted into the record by any party. G. Matters of common knowledge to the City Council that they consider, such as the Arroyo Grande General Plan, any other applicable specific plans or other similar plans, and the Arroyo Grande Municipal Code. XII. LOCATION AND CUSTODIAN OF RECORDS The documents and other materials that constitute the record of proceedings on which the City Council findings regarding the mitigation measures and statement of overriding considerations are based are located and in the custody of the Community Development Department, 300 E. Branch Street, Arroyo Grande, CA 93420. The location and custodian of these documents is provided in compliance with Public Resources Code Section 21081.6(a)(2) and CEQA Guidelines Section 15091(e). Item 10.a. - Page 123 RESOLUTION NO. PAGE 99 XIII. FILING NOTICE OF DETERMINATION The City Council hereby directs the Community Development Department to file a Notice of Determination regarding the approval of the Project within five business days of adoption of this resolution. Item 10.a. - Page 124 RESOLUTION NO. PAGE 100 EXHIBIT D MITIGATION MONITORING AND REPORTING PROGRAM The following Mitigation Monitoring and Reporting Program (MMRP) provides a summary of each mitigation measure for the proposed East Cherry Specific Plan (Project) and the monitoring implementation responsibility for each measure. The MMRP for the proposed Project will be in place through all phases of the Project, including design, construction, and operation. R ESPONSIBILITIES The City of Arroyo Grande (City) will act as the lead implementing agency and approve a program regarding reporting or monitoring for the implementation of approved mitigation measures for this project to ensure that the adopted mitigation measures are implemented as defined in the Final Environmental Impact Report (EIR) for the East Cherry Avenue Specific Plan. For each MMRP activity, the Applicants will either administer the activity or delegate it to staff, consultants, or contractors. The Applicants will ensure that monitoring is documented as required and that deficiencies are promptly corrected. The designated environmental monitor depending on the provision specified below (e.g., City staff, environmental monitor, certified professionals, etc.) will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to remedy problems. The City or its designee(s) will ensure that each person delegated any duties or responsibilities is qualified to monitor compliance. MP ONITORINGROCEDURES Many of the monitoring procedures will be conducted during the construction phase of the Project. The City or its designee(s) and the environmental monitor(s) are responsible for integrating the mitigation monitoring procedures into the construction process in coordination with the Applicants. To oversee the monitoring procedures and to ensure success, the environmental monitor assigned to a monitoring action must be onsite during the applicable portion of construction that has the potential to create a significant environmental impact or other impact for which mitigation is required. The environmental monitor is responsible for ensuring that all procedures specified in the monitoring program are followed. Item 10.a. - Page 125 RESOLUTION NO. PAGE 101 MT ONITORINGABLE For each mitigation measure, Table 1 identifies 1) the full text of the mitigation; 2) plan requirements and applicable timing; 3) and how the action will be monitored and the agency responsible for verifying compliance. Item 10.a. - Page 126 Mitigation Monitoring and Reporting Program 127 Page from adjacent viewing adequate protection of unnecessarily obstruct areas/corridors during a sufficient amount of continuing to provide The City shall ensure The City shall ensure planning and design present onsite, from nighttime sky while the Project site, or lighting to ensure the quality of the Monitoring scenic resources Project does not proposed by the - street lighting 10.a. public safety. review. Item Plan Requirements & shall ensure the Project would unnecessarily or resources and/or views sources of lighting that excessively disrupt the into the Project design sky, while continuing scenic resources. The The City shall ensure design of the Project recommendations to recommendations to to allow lighting for quality of nighttime Review Committee important views of does not introduce The Architectural does not obstruct public safety and reduce nighttime Applicants shall Applicants shall Timing prior to permit protect scenic security. The incorporateincorporate approval. minimization of the number streetlights along East Cherry Avenue to reduce lighting effects upon the ural Review Committee shall consider the sources, and/or propose design alterations to reduce itectural Review Committee shall allow adequate The Architectural Review Committee shall review Project design and consider ew of building siting, height, ittee shall determine whether impacts to the scenic resources available on or adjacent to the Project site, with particular Mountains. This includes the revi e Architectural Review Comm Mitigation Measure Upon review of the Project, the Architect streetlights and security lighting for public safety. Table 1. Mitigation Monitoring Table impacts to important views of scenic resources. structures obstruct important views of scenic re visual quality nighttime sky. However, the Arch massing, design, and setbacks. Th consideration to the Santa Lucia Aesthetics and Visual Resources MM VIS-1aMM VIS-4a East Cherry Specific Plan 102 Mitigation Monitoring and Reporting Program 128 permit approval for the Page The City Council shall measures are on plans. City staff shall ensure specific requirements Grading and building The City shall ensure Open Space Element inspectors shall spot compliance with the of the General Plan. check; Grading and building inspectors mitigation prior to Conservation and Monitoring - decision on the for agricultural make the final 10.a. shall ensure Agriculture, Project. Item conservation easements review and approval by Plan Requirements & the Project design prior approval for applicable to development plan or the City prior to permit throughout all grading, and building plans and shall be submitted for measures on grading lighting impacts into fees adhere to measures The Applicants are within the Specific development areas and/or agricultural required to show permit approval. Timing -lieu hauling, and tices, in Plan. No entire Specific Plan area, including for Subarea 3, is considered less of prime farmland soils within Subarea 3 pursuant to General Plan Goal Ag1 and related policies. At during construction to keep all areas of vehicle measures shall be implemented during ude, but not be limited to: 1) Applicant to purchase In making their determination, the City Council may consider the following circumstances: 1) the loss shall mitigate for the loss of 1.74 acres  ££¨³¨®­ « e 9.79-acre parcel intended to mitigate the loss of ¥®± a designated fund dedicated to acquiring and preserving Council) to be put into an agricultural conservation Plan Goal Ag1 and e site. At a minimum, this would require £¤µ¤«®¯¬¤­³ s should be sprayed daily as needed. Increased ); and 2) Subarea 3 has not required when wind speeds exceed 15 miles per hour (mph). within Subarea 3; or 4) any other approach ­® ³§ ³ 0« ­ȁ ³§ ³ £¤³¤±¬¨­¤£ 3¯¤¢¨¥¨¢ ¯±®µ¨£¤£ tent of General ³§¤ ±¤°´¨±¤£Ǿ #®´­¢¨« ¨­ than significant based on the LESA methodology (see Impact AG-1 £¤²¢±¨¡¤£ The following standard air quality mitigation • Reduce the amount of disturbed area where possible; the City Council to satisfy the in Mitigation Measure The Applicant (Arroyo Grande Valley JWA) #¨³¸ Table 1. Mitigation Monitoring Table (Continued) ¡¤ movement damp enough to prevent dust from leaving th ¶¨«« ³§¤ ¨² • Water trucks or sprinkler trucks shall be used ΕΓΔΙǾ ¥¤¤²ȩ ¶§ ³ agricultural land; 3) Council may determine that th the discretion of the City Council, options may incl twice-daily applications. All dirt stock pile area prime soils for Subarea 2 also mitigates impacts ΕΙǾ ®± a parcel of land (size to be determined by City ¶¨³§ historically been in agricultural production. Air Quality and Greenhouse Gas Emissions easement, 2) Applicant to pay in-lieu fees to « ­£ *´«¸ construction activities at the Project site: ¢®­¥®±¬ ­¢¤ £¤£¨¢ ³¤£ ®­ ¢®­²¨£¤± ³¨®­²Ǿ of prime agricultural land for the watering frequency would be determined to be acceptable to Ȩ¤¨³§¤± ²´¡²³ ­³¨ « Agricultural Resources ¬¤ ²´±¤²  ¡®µ¤ related policies. ¨­ ³§¤ ¨² MM AG-2aMM AQ-1a ¬¨³¨¦ ³¨®­ Ζ ®­ 3´¡ ±¤  " ²¤£ East Cherry Specific Plan 103 Mitigation Monitoring and Reporting Program 129 Page APCD inspectors shall conduct periodic site respond to nuisance compliance onsite. Monitoring compliance and - visits to ensure 10.a. complaints. Item components apply from and building plans. The Plan Requirements & covering weekends and grading or construction control monitor(s) who construction activities. increased watering as requirements shall be has the responsibility control requirements permit issuance. The the beginning of any contractor or builder monitoring staff and necessary to prevent noted on all grading assigned onsite dust to: a) assure all dust offsite, c) attend the the APCD with the designated prior to information for an are complied with meeting. The dust shall provide City holidays, b) order name and contact transport of dust pre-construction monitor shall be Timing including those Dust control dust control paved should be completed as soon as possible. shall not exceed 15 mph on any unpaved surface at • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain ss seed and watered until vegetation worked at dates greater than one month after es shall be shown on grading and building plans; nd periods when work may not be in progress. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off necessary to minimize dust or persons to monitor the fugitive dust In addition, building pads should be laid as soon as possible after grading unless seeding or soil • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved percent opacity, and to prevent transport of dust The name and telephone number of such persons shall be provided to the APCD Compliance oon as possible following completion of any soil evegetation shall be stabilized using approved d in the approved project revegetation and at least two feet of freeboard in accordance with California Vehicle Code Section 23114; chemical soil binders, jute netting, or other methods approved in advance by the APCD; roads. Water sweepers with reclaimed water should be used where feasible; plementation of the measures as Division prior to the start of any grading, earthwork or demolition. • All dirt stock pile areas should be sprayed daily as needed; a fast germinating native gra Reclaimed water (non-potable) shall be used when possible; Mitigation Measure hould designate a person Table 1. Mitigation Monitoring Table (Continued) • Exposed ground areas that are planned to be re offsite. Their duties shall include holiday and weeke • All roadways, driveways, sidewalks, etc. to be • Vehicle speed for all construction vehicles • All of these fugitive dust mitigation measur • Permanent dust control measures identifie complaints, reduce visible emissions below 20 • All disturbed soil areas not subject to r landscape plans should be implemented as s trucks and equipment leaving the site; control emissions and enhance the im initial grading shall be sown with • The contractor or builder s the construction site; disturbing activities; binders are used; is established; and East Cherry Specific Plan 104 Mitigation Monitoring and Reporting Program 130 Page APCD inspectors shall measures are on plans. City staff shall ensure Grading and building conduct periodic site inspectors shall spot respond to nuisance check; Grading and building inspectors compliance onsite. Monitoring compliance and - visits to ensure 10.a. shall ensure complaints. Item Plan Requirements & Inspection Clearance is construction activities. issued and landscaping throughout all grading, and building plans and development activities measures on grading until Final Building adhere to measures The Applicants are required to show Timing is successfully throughout all hauling, and installed. • Use on-road heavy-duty trucks that meet the ARB’s 2007 or cleaner certification standard for s Tier 2 certified engines or cleaner off-road equipment with CARB-certified motor vehicle on measures for construction equipment o measures (e.g. captive or NOx exempt area areas to remind drivers and operators of the five-• Use alternatively fueled construction equipment onsite where feasible, such as compressed • On- and off-road diesel equipment shall not be allowed to idle for more than five minutes. • Construction or trucking companies with fleets that do not have engines in their fleet that el-powered equipment, where feasible; and, feet of sensitive receptors; • Maintain all construction equipment in proper tune according to manufacturer’s on-road heavy-duty diesel engines and comply with the State On-Road Regulation; sensitive receptors in not permitted; heavy-duty diesel engines, and comply with the State off-Road Regulation; natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. shall be implemented during construction activities at the Project site: • Staging and queing areas shall not be loated within 1,000 Mitigation Measure fleets) may be eligible by proving alternative compliance; Table 1. Mitigation Monitoring Table (Continued) The following standard air quality mitigati diesel fuel (non-taxed version suitable for use off-road). • Use diesel construction equipment meeting ARB’ • Fuel all off-road and portable diesel powered meet the engine standards identified in the above tw • Substitute gasoline-powered in place of dies Signs shall be posted in the designated queuing • Electrify equipment when feasible; • Diesel idling within 1,000 feet of minute idling limit; specifications; MM AQ-1b East Cherry Specific Plan 105 Mitigation Monitoring and Reporting Program 131 Page APCD inspectors shall measures are on plans. measures are on plans. measures are on plans. with the Applicants to City staff shall ensure City staff shall ensure City staff shall ensure Grading and building conduct periodic site conduct periodic site inspectors shall spot shall spot check and respond to nuisance respond to nuisance check; Grading and Building inspectors City staff can work building inspectors compliance onsite. ensure compliance ensure that these Monitoring compliance and compliance and inspectors shall - visits to ensure visits to ensure onsite. APCD 10.a. shall ensure complaints. complaints. Item Plan Requirements & from the APCD CEQA throughout all grading, and building plans and construction activities. required to implement measures on building measures on grading mitigation measures adhere to measures The Applicants are The Applicants are The Applicants are the above standard required to show required to show Timing hauling, and plans. hall include holidays and weekend periods when work person or persons to monitor the dust control program and to order increased watering, as necessary, ch persons shall be provided to the APCD prior hours (as determined by the Public Works as Benjamin Moore Natura Paint ith the EPA WaterSense ect shall install drip, micro, or fixed spray To reduce ROG and NOx levels during the architectural coating phase, low or no to land use clearance for map recordation and grading. The plan shall include but not be limited to quipment (age, horse-power and miles and/or terSense Label, achieving 15 ctor or builder shall designate a hall be included as part of Project the APCD for review and to the City for • Limit the length of the construction work-day period, if necessary; and, hall install fixtures w han turf, also including the EPA Wa ith levels of 50 g/L or less, such onstruction. In addition, the contra Mitigation Measure A Construction Activity Management Plan s The Applicants shall include the following: Table 1. Mitigation Monitoring Table (Continued) • Schedule construction truck trips during non-peak Label, achieving 20 percent reduction indoor. The Proj • Water Conservation Strategy: The Applicants s • Phase construction activities, if appropriate. may not be in progress. The name and telephone of su • Tabulation of on and off-road construction e grading and building plans and shall be submitted to to prevent transport of dust offsite. Their duties s Director) to reduce peak hour emissions; VOC-emission paint shall be used w irrigation on all plants other t approval prior to the start of c (Odorless, Zero VOC Paint). the following elements: hours of operation; MM AQ-1c MM AQ-1dMM AQ-2a East Cherry Specific Plan 106 Mitigation Monitoring and Reporting Program 132 Page shall conduct periodic compliance monitors implemented. APCD respond to nuisance site visits to ensure inspectors or other Monitoring compliance and - City-approved 10.a. strategies are complaints. Item specified above prior to Plan Requirements & Air Quality Handbook building plans prior to development plan and permit approval. City incorporated into the staff shall ensure the development plan or above measures are permit issuance. Timing including those shall institute recycling and composting services to achieve a 15 • Fugitive Dust: The Applicants shall replace ground cover of at least 70 percent of area percent reduction in waste disposal, and use waste efficient landscaping. Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) disturbed in accordance with CARB Rule 403. percent reduction in outdoor landscaping. • Solid Waste: The Applicants East Cherry Specific Plan 107 Mitigation Monitoring and Reporting Program 133 Page measures are on plans. with the Applicants to shall conduct periodic City staff shall ensure compliance monitors implemented. APCD respond to nuisance City staff can work site visits to ensure inspectors or other ensure that these Monitoring compliance and - City-approved 10.a. strategies are complaints. Item specified above prior to Plan Requirements & from the APCD CEQA Air Quality Handbook building plans prior to required to implement development plan and permit approval. City incorporated into the staff shall ensure the development plan or mitigation measures above measures are The Applicants are the above standard permit issuance. Timing including those Applicant(s) Will Assumed 5 dwelling lanes and sidewalks, East Cherry Avenue include new bicycle Subarea 3 would be Consistent with standard mitigation measures in Table 3-5 of the APCD CEQA Air dwelling units/acre affordable housing now. The collector Subarea 2 will pay below market rate. Include This bicycle lanes and Subarea 2 and 15 units per acre for Improvements to where none exist Mitigation road will have in lieu fee. sidewalks. AllAllAllAllAll measures would apply to the Project. Pollutant 1 O, P, GHG O, P, GHG O, P, GHG O, P, GHG Mitigation Measures Included from APCD CEQA Air Quality Handbook Reduced P Site design Increase density within the urban Site design Pave and maintain the roads and Site design Provide good access to/from the Site design Orient buildings toward streets with automobile parking in the Improve job / housing balance Mitigation Measure development for pedestrians, core and urban reserve lines. rear to promote a pedestrian- bicyclists, and transit users. # Measure Type Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) friendly environment. opportunities within communities. parking areas Quality Handbook, the following mitigation Applicable to All Subareas Transportation Site design, MM AQ-2b Measure 1.2.3.4.5. East Cherry Specific Plan 108 Mitigation Monitoring and Reporting Program 134 Page Monitoring - 10.a. Item Plan Requirements & Timing appliances would be is at Traffic Way & energy efficient for Subarea 1 = 36 full Closest transit stop energy reduction for unpaved roads. Assumed 15 MPH for all subareas. Assume 100% of 100% lighting time equivalent for Subarea 3. all subareas. Subarea 1 Subarea 1 Subarea 1 Subarea 1 Fair Oaks. jobs. AllAllAll O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, GHG P Site design Trusses for south-facing portions photovoltaic panels. Roof design Site design Driveway design standards (e.g., speed bumps, curved driveway) standard solar-heated water and Site design Development is within 1/4 mile Energy efficiency Utilize built-in energy efficient Energy efficiency Utilize energy efficient interior appliances (i.e. Energy Star®). Mitigation Measure for self-enforcing of reduced Site design No residential wood burning of roofs shall be designed to handle dead weight loads of of transit centers and transit Table 1. Mitigation Monitoring Table (Continued) Provide easements or land dedications and construct speed limits for unpaved bikeways and pedestrian walkways. appliances. driveways. corridors. lighting. Applicable to Subarea 1 transportation Site design; 10.11.12. 6.7.8.9. East Cherry Specific Plan 109 Mitigation Monitoring and Reporting Program 135 Page Monitoring - 10.a. Item Plan Requirements & Timing Minimum of 120 trees planted. Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 O, P, GHG e-paned windows. O, P, GHG O, P, GHG O, P, GHG O, DPM, O, GHG O, GHG O, GHG GHG stripping (if more efficient doors pitches, the closest standard roof exposures of buildings to reduce energy used to cool buildings in Energy efficiency Install door sweeps and weather and windows are not available). requirements. Measures used to Energy efficiency Utilize green building materials sustainable) available locally if reach the 20% rating cannot be Energy efficiency Utilize low energy street lights average solar Energy efficiency Install high efficiency heating (materials which are resource rating by 20% above Title 24 Energy efficiency Plant drought tolerant, native Energy efficiency Utilize high efficiency gas or facing roof surface, based on Mitigation Measure panels. For south facing roof shall include sufficient south accommodate adequate solar ease the building energy Table 1. Mitigation Monitoring Table (Continued) shade trees along southern structures size and use, to exposure shall be used. efficient, recycled, and and cooling systems. solar water heaters. pitch to the idealdouble counted. (i.e. sodium). Energy efficiency Utilize doubl possible. summer. Energy efficiency Incr 13.14.15.16.17.18.19.20. East Cherry Specific Plan 110 Mitigation Monitoring and Reporting Program 136 Page Monitoring - 10.a. Item Plan Requirements & Timing Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 Subarea 1 O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, GHG ing material with a solar not require watering and are low design. Use native plants that do to reduce summer cooling needs. available energy-efficient rebate Energy efficiency Utilize onsite renewable energy EPA/DOE Energy Star® rating terminals and/or wi-fi access in plants and lawns) in residential geothermal, low-impact hydro, Transportation Project provides a display case transportation information in a reflectance values meeting the consumption landscape (e.g., Mitigation Measure Transportation Provide free-access telework Energy efficiency Participate in and implement prominent area accessible to ric vehicles. programmable thermostats. Table 1. Mitigation Monitoring Table (Continued) Transportation Provide electrical charging systems (e.g., solar, wind, conditioning, gas heating, refrigeration, and lighting employees or residents. stall energy-reducing programs including air biomass and bio-gas). multi-family projects. Energy efficiency Eliminate high water or kiosk displaying ROG emitting. station for elect programs. Energy efficiency Use roof Energy efficiency In Applicable to Subarea 2 21.22.23.24.25.26.27.28. East Cherry Specific Plan 111 Mitigation Monitoring and Reporting Program 137 Page Monitoring - 10.a. Item Plan Requirements & Timing East Cherry Avenue electric leafblower Collector road = option for home PVs will be an and chainsaw. Includes 20% improvement. Subarea 2 Subarea 2 Subarea 2 Subarea 2 Subarea 2 Subarea 2 Subarea 2 = 100% buyers. 25%. O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, P, GHG O, GHG O, GHG Energy efficiency Utilize low energy traffic signals energy used to cool buildings in windows (passive solar design). Energy efficiency Utilize onsite renewable energy Transportation Provide storage space in garage block the high summer sun, but intersection designs that reduce Energy efficiency Design building to include roof for bicycle and bicycle trailers, overhangs that are sufficient to such as narrower streets, speed geothermal, low-impact hydro, modifications to Project roads, vehicles speeds and encourage outlets to encourage the use of aligned north / south to reduce not the lower winter sun, from Site design Incorporate outdoor electrical pedestrian and bicycle travel. homes and/or buildings to be Mitigation Measure electric appliances and tools. Energy efficiency Orient 75 percent or more of or covered racks / lockers to service the residential units. Table 1. Mitigation Monitoring Table (Continued) Incorporate traffic calming systems (e.g., solar, wind, (i.e. light emitting diode). platforms, bulb-outs and penetrating south facing biomass and bio-gas). summer. Applicable to Subarea 3 transportation Site design; 29.30.31.32.33.34.35. East Cherry Specific Plan 112 Mitigation Monitoring and Reporting Program 138 Page APCD inspectors shall measures are on plans. City staff shall ensure conduct periodic site respond to nuisance Monitoring compliance and - visits to ensure 10.a. complaints. Item Plan Requirements & APCD prior to permit measures throughout required to adhere to all grading, hauling, coordinate with the The Applicants are and construction Applicants shall Timing activities. The issuance. electric leafblower Further reduce emissions by expanding use of Tier 3 and Tier 4 off-road and 2010 on-road (BACT) for diesel-fueled construction equipment, where feasible, to minimize the exposure of diesel The Applicants shall implement the following Best Available Control Technology and chainsaw. Includes 20% Subarea 3 Subarea 3 Subarea 3 Subarea 3 Subarea 3 Subarea 3 Subarea 3 O, P, GHG O, P, GHG e-paned windows. O, P, GHG O, P, GHG O, P, GHG O, DPM, O, GHG Installing California Verified Diesel Emission Control Strategies. Repowering equipment with the cleanest engines available; and, GHG and interconnected streetscape to stripping (if more efficient doors make walking more convenient, Energy efficiency Install door sweeps and weather comfortable and safe (including and windows are not available). Energy efficiency Utilize green building materials sustainable) available locally if outlets to encourage the use of Energy efficiency Install high efficiency heating Site design Incorporate outdoor electrical (materials which are resource a pedestrian-friendly appropriate signalization and Mitigation Measure electric appliances and tools. programmable thermostats. Table 1. Mitigation Monitoring Table (Continued) stall energy-reducing efficient, recycled, and and cooling systems. Energy efficiency Utilize doubl signage). possible. Site design Provide Energy efficiency In exhaust to sensitive receptors: compliant engines; MM AQ-3a 36.37.38.39.40.41.42. East Cherry Specific Plan 113 Mitigation Monitoring and Reporting Program 139 Page APCD inspectors shall measures are on plans. payment of fair shares City staff shall ensure The City shall ensure intensity of proposed and/or the amount of conduct periodic site Policy C/OS2-1.6 of square footage, land respond to nuisance commensurate with appropriate actions The City would be development (e.g., for the Applicants relative level and generation, etc.). compliance with Monitoring demonstrate the compliance and - visits to ensure responsible for 10.a. use type, trip determining metrics that complaints. Item Applicants shall submit Plan Requirements & determine the need and additional transit stop, with the Applicants to funding the additional share of funding prior APCD prior to permit transit stop. Based on identifies construction- management plan that measures throughout required to adhere to share of payment for payment of their fair exact location for an to issuance of use or all grading, hauling, and shall coordinate required, and/or fair coordinate with the appropriate actions The Applicants are and construction the findings, the Applicants shall Timing A construction activities. The The City shall determine the CUP permits. issuance. pment used in operational activities has the areas associated with the existing drainage and adjacent oak woodland habitat, and all construction hall be contacted for specific on East Cherry Avenue near the Project site. Construction equipment and vehicles shall be stored at least 100 feet away from MM AQ-5a Consistent with the City’s Goal CT4 to promote transit use, the Applicants shall mmunity Development Department and work with vehicle maintenance shall be performed in a designated vehicle storage and maintenance area. necessary APCD permits when appropriate. To minimize potential delays, prior to the start of the APCD’s Engineering Division s Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) The Applicants shall ensure that all equi SLORTA and SCT to establish a sheltered transit stop information regarding permitting requirements. coordinate with the City Public Works and Co development within each subarea, Biological Resources MM BIO-1a MM AQ-3b East Cherry Specific Plan 114 Mitigation Monitoring and Reporting Program 140 Page biologist shall be made construction activities. construction activities, Monitor shall be made inspect the Project site 3503.1 of the Fish and during monitor runoff Monitor and qualified construction to verify The City shall ensure the General Plan. An shall also inspect the available to monitor available to monitor as needed. The City The City shall also Sections 3505 and Project site during compliance of the compliance of the protection of any compliance with Monitoring active bird nests construction to. - Environmental Environmental Game Code of California. An environmental environmental 10.a. Item be submitted for review and approval by the City Plan Requirements & management plan shall sediment control during be submitted for review maintenance areas shall active nests are found. prior to the initiation of development of the site until all disturbed areas construction. The Plan Construction shall be January 31 unless no and approval by the conducted between shall be designed to address erosion and related staging and September 1 and A migratory and City prior to the Timing are permanently construction. all phases of nesting bird initiation of stabilized. ound active nest, which shall be in place until the ted that determine if any active approved qualified biologist. Compliance shall be site for survival. The study, surveys, findings, found, then these nest sites shall be avoided with bance for Project construction shall be of the primary nesting season for birds, If no active nests are found, then no further r through submission of compliance reports. on nesting bird surveys are conduc Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) Vegetation removal and initial site distur conducted between September 1 and January 31, outside adults and young of the year no longer rely on the nest the establishment of a non-disturbance buffer zone ar mitigation shall be required. If any active nests are and recommendations shall be prepared by a City nests would be impacted by project construction. verified by the Project Environmental Monito unless City-approved preconstructi MM BIO-2a East Cherry Specific Plan 115 Mitigation Monitoring and Reporting Program 141 Page construction activities. construction activities. Monitor shall be made inspect the Project site Monitor shall be made inspect the Project site during construction to during construction to The City shall ensure The City shall ensure The City shall ensure nesting bird surveys. available to monitor available to monitor with required plans. with required plans. The City shall also The City shall also identified from the ensure compliance ensure compliance compliance of the compliance of the Monitoring compliance. An compliance. An compliance. An - Environmental Environmental Environmental environmental environmental 10.a. Item Plan Requirements & submit the site-specific Health and Safety Plan construction employee construction employee submit the Subsurface development permits. to the City for review and approval prior to The Applicants shall The Applicants shall The Applicants shall The Applicants shall training prior to the training prior to the conduct necessary conduct necessary Soil/Bedrock and Timing construction. construction. initiation of initiation of issuance of contaminated soil/bedrock groundwater shall be conducted to assess potential releases associated with the listed former adjacent onal subsurface sampling of soil/bedrock and SHA) requirements. During earthwork activities, procedures shall be followed to eliminate or minimize transportation, and disposal of contaminated soil shall be followed (e.g., tarping of trucks and waste haracterization, and segregation of contaminated itive dust, contain and cover excavation debris piles, to lead and other potential contaminants in soil. land uses and the potential migration of contaminants onto the Project site. The analytical suite excavation, removal, pecific Health and Safety Plan shall be and safety plan, which includes proper training and personal protective equipment. Administration (Cal/O All construction employees that have the potential to come into contact with ations associated with Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) onal Safety and Health Prior to beginning construction, additi Prior to earthwork activities, a Site-s soil from uncontaminated soil. The applicable regul appropriate laboratory analysis of soil for waste c construction worker or general public exposure Procedures shall include efforts to control fug Hazards and Hazardous Materials developed per California Occupati manifesting). MM HAZ-2aMM HAZ-2bMM HAZ-2c East Cherry Specific Plan 116 Mitigation Monitoring and Reporting Program 142 Page construction activities. Monitor shall be made inspect the Project site during construction to measures are on plans measures are on plans site shall be inspected annually in the spring approval. The Project approval. FCFA staff The City shall ensure The City shall ensure the fire season by the construction. Permit available to monitor with required plans. prior to the onset of shall spot check for The City shall also ensure compliance ensure compliance compliance during compliance of the FCFA in order to Monitoring - with the above prior to permit prior to permit environmental 10.a. mitigation. Item conditions, agreements, Plan Requirements & the City for review and Investigation Report to construction employee including landscaping, shall also be reviewed development permits. restate the provisions restate the provisions for fire protection on for fire protection on The Applicants shall The Applicants shall The Applicants shall number of the onsite building plans. Plan name and telephone training prior to the building plans. The conduct necessary approval for each approval prior to components and and restrictions, Timing all grading and all grading and prior to permit Groundwater construction. initiation of issuance of Subarea. mediation if contaminants are e, groundwater and/or soil vapor building for identification as a Management Plan for review by the FCFA and the City. The Plan shall consist of measures to reduce appropriate waste characterization and disposal. The sampling strategy shall take into account the contaminants in soil and/or groundwater. The results of the investigation shall be documented in a Require fire resistant material to be used for building construction in fire hazard locations of the electric and gas shut off controls, emergency meeting locations, and emergency All Applicants shall prepare and submit a comprehensive Wildfire Emergency , and shall include applicable analytical methods for A detailed description and map of fire protection apparatus and staging locations, the locations of potential source areas, and the anticipated lateral and vertical distribution of report shall include the proposed development including: ngs for additional investigation/reareas. Require the installation of smoke detectors in all new residences. ations that would qualify the ng levels (e.g., excavate and dispos essional Geologist. The Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) selected shall be consistent with those uses • Relevant building design specific report that is signed by a California Prof recommendations based upon the findi extraction, or in situ bioremediation). safe refuge during a wildfire; and, the potential for structural damage to detected above applicable screeni supply locations; MM HAZ-4aMM HAZ-4b • East Cherry Specific Plan 117 Mitigation Monitoring and Reporting Program 143 Page season by the FCFA in above mitigation. This compliance staff shall annually in the spring prior to the beginning be inspected annually field. The Project site verify the installation the fire season by the The Project site shall in the spring prior to litter, which shall be compliance with the prior to the onset of the onset of the fire deadwood and leaf ensure compliance landscaping in the removed annually shall be inspected FCFA in order to inspection of the Monitoring shall include an - order to ensure of the required with the above of fire season. 10.a. mitigation. Item prior to commencement conditions, agreements, conditions, agreements, Plan Requirements & shall be provided to the construction or grading including landscaping, including landscaping, grading activities. Fire shall also be reviewed provided to the FCFA shall be implemented shall be implemented telephone number of the onsite supervisor protection measures protection measures supervisor shall be commencement of construction. Plan construction. Plan of construction or approval for each components and components and and restrictions, and restrictions, Timing prior to permit FCFA prior to activities. Fire The name and throughout throughout Subarea. ll be removed annually prior to the beginning of The Project site shall be inspected annually by the FCFA. This shall include an Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) inspection of the deadwood and leaf litter, which sha MM HAZ-4c fire season. East Cherry Specific Plan 118 Mitigation Monitoring and Reporting Program 144 Page emergency evacuation measures are on plans measures are on plans site shall be inspected annually in the spring approval. FCFA staff The City shall ensure The City shall ensure approval. Landscape FCFA. The Project Monitoring reviewed by the shall review the - prior to permit prior to permit plans shall be 10.a. Item plan. Management Plan. Plan conditions, agreements, staff shall be conducted conditions, agreements, safety training for hotel Plan Requirements & including landscaping, including landscaping, emergency evacuation shall also be reviewed for fire protection and indicate the types and landscape plans. Plan restate the provisions The Applicants shall shall be reviewed by shall be reviewed by annually prior to the onset of fire season. The Applicant shall species of plants on permit approval for each Subarea. Fire the FCFA prior to approval for each components and components and and restrictions, and restrictions, Timing on the Wildfire prior to permit Emergency Subarea. Each hotel room shall be required to have an emergency evacuation plan posted in a ecisely the final location and character of trees, ses prior to the onset of fire ponder certification as well as annual visible location. Additionally each room shall have a Wildfire Emergency Procedures binder, which locations of safe refuges, locations of First Aid and emergency supplies, and emergency contacts The final plant selections for Subareas 1 and 2 shall be limited to fire-resistant native species. Non-native species shall not be included in the final landscaping plan. The final shall include relevant information from the Wildfire Emergency Management Plan, such as the within the hotel. Training requirements for front-desk hotel staff and any other staff routinely management training scenario exerci ll include First Aid and First Res Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) landscape plan for Subareas 1, 2, and 3 shall define pr as well as locations and types of new plantings. requirements for wildfire emergency interacting with the public sha MM HAZ-4d MM HAZ-4e season. East Cherry Specific Plan 119 Mitigation Monitoring and Reporting Program 145 Page Geotechnical Engineer Engineering Geologist inspect the site during conclusion of grading leaf litter, which shall prior to the beginning the grading activities. mitigation. This shall include an inspection The City shall ensure the fire season by the of the deadwood and be removed annually compliance with the available to monitor prior to the onset of runoff and to verify technical aspects of The City shall also grading to monitor ensure compliance revegetation after FCFA in order to Monitoring A Geotechnical - Engineer or an with the above reseeding and shall be made of fire season. 10.a. SWPPP. A activities. Item Plan Requirements & submitted for review submitted for review and approval by the and approval by the the City and FCFA approval for each SWPPP shall be City prior to the City prior to the Notices shall be Timing prior to permit construction. initiation of Subarea. Notice of Intent. Prior to beginning construction, the Applicants shall file a Notice of understanding the State General Permit and implementing the SWPPP during construction. A SWPPP Public Works Department prior to the issuance of grading permits. The contractor is responsible for e Applicants shall require the building r Pollution Prevention Plan (SWPPP) to the City Intent (NOI) for discharge from the proposed development site. Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) Storm Water Pollution Prevention Plan. Th contractor to prepare and submit a Storm Wate Hydrology and Water Quality MM HYD-1aMM HYD-1b East Cherry Specific Plan 120 Mitigation Monitoring and Reporting Program 146 Page Geotechnical Engineer aspects of the grading aspects of the grading conclusion of grading conclusion of grading monitor runoff and to monitor runoff and to site during grading to site during grading to The City shall ensure shall also inspect the shall also inspect the verify reseeding and verify reseeding and compliance with the activities. The City activities. The City Geologist shall be Geologist shall be or an Engineering or an Engineering made available to revegetation after made available to revegetation after monitor technical monitor technical Monitoring A Geotechnical - Engineer or an 10.a. SWPPP. A activities. activities. Item Plan Requirements & permanently stabilized. permanently stabilized. phases of development phases of development erosion and sediment erosion and sediment submitted for review The Plan(s) shall be and approval by the designed to address designed to address designed to address disturbed areas are disturbed areas are of the site until all of the site until all construction. The construction. The control during all control during all City prior to the Notices shall be Timing Plan(s) shall be Plan(s) shall be initiation of initiation of one acre, or where the area of disturbance is less ting a closure SWPPP for the site. tal disturbs one or more acres. methods may include, but would not be limited to, the use of temporary detention basins, straw bales, and soil stabilizers. Additional BMPs ccordance with the guidelines adopted by the State ted pursuant to Municipal Code 13.24.110 B, identifying how pollution sources PPP shall be submitted to the City along with the initiation of grading and implemented for all the discharge of material from the site. BMP Plan submitted to the City of Arroyo Grande and the RWQCB Notice of Termination of Construction. The Applicants shall file a notice of should be implemented for any fuel storage or fuel handling that could occur onsite during ect’s plan of development that in to uction of the Project and implemen ion control blankets, silt fencing, Mitigation Measure tion of the development with the RWQC Table 1. Mitigation Monitoring Table (Continued) All required actions shall be implemen construction activities on the Project site in excess of grading/development plans for review and approval. The SWPPP shall include specific BMPs to control Water Resources Control Board (SWRCB). The SW construction. The SWPPP must be prepared in a for site construction shall be developed prior to than one acre but is part of the Proj were controlled during the constr including Storm Water Control sand bagging, mulching, eros termination of construc MM HYD-1cMM HYD-1d East Cherry Specific Plan 121 Mitigation Monitoring and Reporting Program 147 Page A Civil Engineer shall Engineering Geologist activities of all private activities of all private inspect the site during conclusion of grading the grading activities. The City shall ensure be made available to stormwater facilities stormwater facilities compliance with the available to monitor runoff and to verify technical aspects of monitor conditions monitor conditions The City shall also grading to monitor revegetation after made available to Engineer shall be on a semi-annual on a semi-annual and maintenance and maintenance SWPPP. A Civil Monitoring - reseeding and shall be made 10.a. activities. Item basis.basis. Plan Requirements & permanently stabilized. designed to address the phases of development on a semi-annual basis maintenance activities BMPs, and necessary erosion and sediment stormwater facilities, submitted for review conditions of private Maintenance Report The Plan(s) shall be implementation and and approval by the and notices shall be disturbed areas are of the site until all Stormwater BMP control during all City prior to the operation of the Timing Semi-Annual initiation of throughout Project. Applicants shall prepare a development . Best Management Practice (BMP) devices that devices be cleaned prior to the onset of the rainy season storm event, and accommodate the first flush (1 inch) during 24-hour storm events. The storm water maintenance manual for the Project, which shall include detailed procedures for maintenance and accordance with the manufacturer’s maintenance (i.e., October 15th) and immediately after the end of the rainy season (i.e., May 15th). The manual sized to intercept and treat all dry weather surface runoff, the runoff from 28 percent of the 2-year shall be incorporated into the project Final Master Drainage Plan. The devices shall be sited and ce manual shall require that stormwater BMP sure long-term operation and maintenance of post- be checked after major storm events. Stormwater BMP Maintenance Manual. The Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) ed and approved by the City. Storm Water Quality Treatment Controls regulations under the NPDES Phase II program. construction stormwater controls. The maintenan devices be inspected, cleaned and maintained in operations of any stormwater facilities to en specifications. The manual shall require shall also require that all devices quality system must be review MM HYD-3aMM HYD-3b East Cherry Specific Plan 122 Mitigation Monitoring and Reporting Program 148 Page and permit compliance acoustic shielding is in activities of all private The City shall ensure staff shall spot check stormwater facilities demonstrate that the compliance. A Civil Building inspectors monitor conditions made available to Engineer shall be on a semi-annual and maintenance Monitoring Applicants shall complaints. The - and respond to 10.a. place prior to Item basis. Plan Requirements & designed to address the At the pre-construction on a semi-annual basis workday schedule will restricted construction maintenance activities BMPs, and necessary stormwater facilities, construction workers submitted for review be adhered to for the conditions of private Maintenance Report implementation and and approval by the and notices shall be hour limitations. A shall be briefed on construction. The Stormwater BMP City prior to the operation of the Timing Plan(s) shall be construction. Semi-Annual initiation of meeting all duration of throughout Project. boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how closed engine doors and shall be equipped with nnual Maintenance Report. The developer or acceptable s above 65 dBA at the project requirement for maintenance and report submittal within levels maintenance organization shall submit to the City of Arroyo Grande Public Works Department a allowed by the City’s Noise Standards. Such techniques shall include, but are not limited to: maintenance activities on a semi-annual basis For all construction activity at the Project site, additional noise attenuation ondition of all private evels are maintained ngineer addressing the c ent that generates noise level techniques shall be employed as needed to ensure that noise l Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) • Sound blankets on noise-generating equipment. • All diesel equipment shall be operated with (October 15th and April 15th of each year). The stormwater facilities, BMPs, and any necessary well noise barriers attenuate sound) of 25. detailed report prepared by a licensed Civil E Stormwater BMP Semi-A shall be recorded against the property. • Stationary construction equipm MM HYD-3c MM NOI-1a Noise East Cherry Specific Plan 123 Mitigation Monitoring and Reporting Program 149 compliance throughout Page construction activities. City staff shall ensure monitoring staff shall perform periodic site inspections to verify construction. Permit commencement of activity schedules. compliance with Monitoring - 10.a. compliance Item Plan Requirements & described for submittal Management Practices construction activities. meeting on how, why, shall be identified and to the City for review shielding on building and approval prior to construction workers implemented. BMPs equipment area with appropriate acoustic implemented during shall be briefed at a designated location building or grading Construction plans measures are to be and grading plans. shall identify Best construction. The shielding shall be construction. All construction and installed prior to pre-construction and where BMP Applicants shall Timing Equipment and (BMPs) to be remain in the designate the throughout ll be limited to the hours between 7:00 A.M. and of heavy equipment shall occur on Sundays or between construction sites and affected uses. s, with the exception of passenger vehicles, Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) • Temporary sound barriers shall be constructed 7:00 P.M., Monday through Saturday. No movement • The movement of construction-related vehicle official holidays (e.g., Thanksgiving, Labor Day). along roadways adjacent to sensitive receptors sha factory-recommended mufflers. East Cherry Specific Plan 124 Mitigation Monitoring and Reporting Program 150 Page respond to complaints. compliance staff shall inspectors and permit monitoring staff shall perform periodic site The Applicants shall inspections to verify permit issuance and Permit compliance activity schedules. meeting. Building required signs are grading/building demonstrate that compliance with Monitoring pre-construction - spot check and posted prior to 10.a. Item issuance for each phase Plan Requirements & permit issuance. BMPs maintained throughout shall note construction provide and post signs shall be adhered to for list shall be submitted entries. Signs shall be Schedule and mailing initiation of any earth truck routes and shall Project. Construction construction meeting The Applicants shall briefed on restricted City prior to permit be submitted to the Construction plans plans shall include the duration of the commencement of hours. At the pre- construction and construction site workers shall be of development. Timing 10 days prior to all construction posted prior to restrictions at construction. stating these movement. se. Noise-related complaints shall be directed The contractor shall inform residents and business operators at properties within tion timelines and noise complaint procedures to Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) minimize potential annoyance related to construction noi Development Department. 300 feet of the Project site of proposed construc to the City’s Community MM NOI-1b East Cherry Specific Plan 125 Mitigation Monitoring and Reporting Program 151 Page Applicant shall receive approval from the City generating mechanical generating mechanical compliance staff shall compliance staff shall inspectors and permit inspectors and permit installation. Building The Applicants shall The Applicant (SRK ensure that all noise- Hotels) shall ensure before maintenance and truck activities compliant prior to compliant prior to Monitoring implementation. installation. The begin. Building - 10.a. check before check before equipment is equipment is that all noise- Item requirements pertaining requirements pertaining Plan Requirements & limitations. A workday proposed development proposed development generating mechanical generating mechanical prepare a maintenance equipment associated equipment associated with operation of the with operation of the to noise attenuation. The Applicants shall The Applicant (SRK and truck plan to the to noise attenuation. ensure that all noise- Hotels) shall ensure The Applicant shall California Building California Building adhered to for the complies with the complies with the construction hour schedule will be Timing Standards Code Standards Code construction. that all noise- duration of The Applicant (SRK Hotels) shall submit a truck traffic plan to the City Public Works on, and number of deliveries for each project City to ensure that impacts to noise-sensitive All noise-generating rooftop building equipment, such as air conditioners and proposed noise-sensitive e noise barriers. away from existing and Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) placed behind adequat receptors are mitigated to the maximum extent feasible. Department which will address timing, noise, locati component. The Applicant shall cooperate with the kitchen ventilation systems, shall be installed receptors (i.e., residences) or be MM NOI-3a MM NOI-3b East Cherry Specific Plan 126 Mitigation Monitoring and Reporting Program 152 Page The price and payment Council at the time of of in-lieu fees will be The City shall ensure approved by the City Mitigation Plan with compliance with the Project approval. Monitoring implementation. determined and - Transportation 10.a. Construction Item Plan Requirements & approval. The payment timing, noise, location, shall be determined by the City Council at the Council and deposited project component, as Mitigation Plan to the shall be made in their time of the final map building permits and The Applicants shall well as ensuring that Price of in-lieu fees of these in-lieu fees entirety prior to the City that addresses development fund. deliveries for each noise impacts are maximum extent Timing mitigated to the paid to the City issuance of any Transportation and number of Construction in the parks submit the feasible. that would result in additional dedication of lands for recreational use, such that Project suits the need on Management Plan for review and approval by the City prior to offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the on and shall be designed entified in the City Bicycle and Trails Master Plan, provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon the fair market value of 0.21 acres, as determined by the formula provided in Section E of Municipal of several alternative means The Applicant for Subarea 2 shall pay a park improvement impact fee equal to the land value, plus twenty (20) percent of toward the cost of oposed Project shall be required to nal map. At the discretion of the adequate park space, implementation of trail or the connection of the Project proposed Class I Bikeway located along the Project Residential for 0.56 acres of required parkland. Potential alternatives include the expansion of the existing traffic during constructi requirement may be met by one Prevent traffic impacts on the surrounding roadway network Collector road with the City proposed bikeway along Trinity Avenue. diately prior to the filling of the fi Mitigation Measure Future development occurring under the pr Table 1. Mitigation Monitoring Table (Continued) Development Impact Fees for Subarea 2. issuance of a building permit to address and manage proposed 0.35 neighborhood park to provide more connections from the property to proposed trails id Community Development Director, this prepare a Construction Transportati Code Chapter16.64.060, imme Transportation and Traffic MM TRANS-1a MM REC-1a Recreation to: • East Cherry Specific Plan 127 Mitigation Monitoring and Reporting Program 153 Page periodic inspections of the Project site during construction traffic at Complaints related to directed to the City Monitoring the site shall be - Public Works 10.a. construction. Department. Item issuance of grading and Plan Requirements & nearby residences shall construction employee construction. The City construction schedule building permits. The Department, and Fire prior to construction. training prior to the City for review and Department, Police commencement of conduct necessary be notified of the approval prior to Department, and Applicants shall Timing Public Works ivate parking to the greatest rial delivery. Work within The plan shall include specific information regarding the Project’s construction activities that may • Work within the public right-of-way shall be performed between 9:00 AM and 4:00 PM. This the Plan has been designed in accordance with this mitigation measure. This review shall occur prior re, and Police, to ensure that way shall be subject to review and approval through the After Hours Permit process administered • Trucks shall only travel on a City-approved construction route. Limited queuing may occur anes, and parking lanes. • Materials and equipment shall be minimally visible to the public; the preferred location for the public right-of-way outside of these hours shall only be allowed after the issuance of an after- • Any requests for work before or after normal construction hours within the public right-of- ll be subject to review and approval by the materials is to be on-site, with a minimum amount of materials within a work area in the public measures to address these disruptions. Such maintained. At a minimum, this shall include parking and travel lane configurations; warning, Department prior to • Ensure safety for both those constructing the project and the surrounding community • Streets and equipment shall be cleaned in accordance with established Public Works ment Plan for work zones shall be to issuance of grading or building permits. It shall, at a minimum, include the following: commencement of construction and implemented in accordance with this approval. uck traffic through residential neighborhoods terial hauling and construction mate sidewalks, bicycle l to public parking and access to pr e Community Development Development, Public Works, Fi right-of-way, subject to a current Use of Public Property Permit. Ongoing Requirements throughout the Duration of Construction: Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) A detailed Construction Transportation Manage The Construction Transportation Management Plan sha rectional signage; and area disrupt normal pedestrian and traffic flow and the plans shall be reviewed and approved by th • Minimize parking impacts both work includes dirt and demolition ma following City departments: Community on the construction site itself. • Prevent substantial trhours construction permit. regulatory, guide, and di extent practicable requirements. • East Cherry Specific Plan 128 Mitigation Monitoring and Reporting Program 154 Page including grading. The between the owners of The City shall review the three subareas for construction prior to development permit the issuance of any funding agreement for construction, Monitoring the traffic signal and approve the - 10.a. design and Item approval; and 2) submit development permit for Plan Requirements & construction, including between the owners of grading, the Applicant the three subareas for Prior to issuance of a Improvements to the City for review and funding agreement the Traffic Signal shall 1) submit a Timing • A Use of Public Property Permit, Excavation Permit, Sewer Permit, or Oversize Load Permit, mmercial tenants of property within a radius • Timely notification of construction schedules shall be provided to all affected agencies (e.g., Project Coordination Elements That Shall Be Implemented Prior to Commencement of Construction: within the public right-of-way shall be obtained. affected agencies in advance of start of work. construction work requiring encroachment into routes for earth, concrete, or construction Works Department, and Community Development ilities (e.g., information signs, portable message • Provision of off-street parking for construction workers, which may include the use of a • The traveling public shall be advised of impending construction activities which may affic signal shall be installed at the approved Construction Impact site, if determined necessary by the City. Mitigation Measure on, and implementation of an Table 1. Mitigation Monitoring Table (Continued) Approvals may take up to two weeks per each submittal. Fair Oaks Avenue/Traffic Way: A new tr • Public Works Department approval of any haul Department) and to all owners and residential and co materials and equipment hauling shall be obtained. • Construction work shall be coordinated with public rights-of-way, detours, or any other work intersection of Traffic Way and Fair Oaks Avenue. as well as any Caltrans permits required for any substantially affect key roadways or other fac remote location with shuttle transport to the Police Department, Fire Department, Public by the Building and Safety Division. signs, media listing/notificati Mitigation Plan). MM TRANS-2a of 500 feet. East Cherry Specific Plan 129 Mitigation Monitoring and Reporting Program 155 Page operational prior to the shall be inspected and approved by the City. City shall ensure the Road improvements issuance building Monitoring - traffic signal is 10.a. installed and permits. Item Branch Street including permit for construction, Plan Requirements & the City for review and approval from the City movements to the City Improvement Plans to issuance of a building permit, the Applicant Engineer, concurrent northeast curb return The Applicants shall submit plans for the with the issuance of construction of the provide for design including grading. restriping of West any modifications approval. Prior to any development necessary to the Timing and sidewalk to vehicle turning improvements. for review and shall complete Traffic Signal traffic signal an exclusive right turn lane. nue and West Branch Street in order to design and East Grand Avenue/West Branch Street: The Applicants shall modify the lane install the necessary improvements including widening, restriping, and curb reconstruction of West Branch Street to create Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) geometry of the intersection of East Grand Ave westbound West Branch Street/ northbound MM TRANS-3a East Cherry Specific Plan 130 Mitigation Monitoring and Reporting Program 156 Page circulation study prior determine the amount intensity of proposed square footage, land The City require the commensurate with to CUP review and development (e.g., of payment of fair relative level and generation, etc.). Monitoring demonstrate the - shares for each The City shall submission of 10.a. use type, trip metrics that Applicant approval. Item Plan Requirements & Prior to approval of the funding for the above prepared by a Traffic The Applicants shall CUP, the Applicant issuance of grading submit payment of mitigation prior to their fair share of circulation study Timing and/or building shall submit a Engineer. permits. Studies. Applicants shall fund a fair share of the quitable Share Responsibility Formula from the 2002 transportation improvement that would provide an at the intersection of East Grand Avenue/U.S. mitigate the Project’s long-term East Grand Avenue/West Branch Street: The Applicants shall pay a fair share epared to guide driveway location, design, and development of Subarea 1 and the proposed h Street and Traffic Way. ingress/egress access in such a way to ensure public safety and utility. intersection of East Branc ed City policy, in order to Mitigation Measure Table 1. Mitigation Monitoring Table (Continued) Caltrans Guide for the Preparation of Traffic Impact estimated costs for construction of two roundabouts portion of the design and construction costs for a As part of review of permits for hotel/restaurant, a circulation study shall be pr impact on the cumulative condition, using the E Highway 101 northbound ramps and the acceptable LOS consistent with adopt MM TRANS-3bMM TRANS-5a East Cherry Specific Plan 131 Mitigation Monitoring and Reporting Program 157 Page - 10.a. Item Table 1. Mitigation Monitoring Table (Continued) East Cherry Specific Plan 132 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING DEVELOPMENT CODE AMENDMENT 15-001 (A PART OF THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT) WHEREAS , the project site includes the area identified that encompasses the East Cherry Avenue Specific Plan, consistent with the boundaries set forth in the City’s General Plan; and WHEREAS , the City Council authorized the initiation of a Specific Plan for the project area on July 8, 2014; and WHEREAS ,the City’s General Plan calls for a Specific Plan to guide development within the project area that defines land uses, creates an integrated circulation system, coordinates infrastructure, and provides development standards; and WHEREAS , the Specific Plan area includes three subareas, identified as Subarea 1, 2 and 3, for which there are separate proposed development entitlements for Subarea 2 and 3; and WHEREAS , the Applicant has filed Development Code Amendment 15-001, the intent of which is to replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan, and amend the existing zoning map to be consistent with that included in the Specific Plan; and WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the project at a duly noticed public hearing on September 20, 2016, and subsequently on October 4, 2016, at which time it recommended revisions to the proposed project, and recommended that this revised project, including the subject Development Code Amendment for the East Cherry Avenue Specific Plan Project, be approved by City Council; and WHEREAS, the City Council 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 reviewed the Final Environmental Impact report (Final EIR), which addresses all East Cherry Avenue Specific Plan Project entitlements; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following findings can be made: Development Code Amendment 15-001 Findings: 1. The proposed Development Code Amendment is consistent with the goals, objectives, policies and programs of the General Plan and related Specific Plan. Item 10.a. - Page 158 ORDINANCE NO. PAGE 2 The proposed Development Code Amendment would replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan, as described above. It would also amend the existing zoning map to be consistent with the standards shown above. Because it would be inherently consistent with the Specific Plan, and the Specific Plan would be consistent with the General Plan, it would also be consistent with the General Plan. 2. The proposed change of zone (or revision to this title) will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. The proposed Development Code Amendment would replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan, as described above. A Specific Plan is intended to provide a logical framework for development integrating the proposed land use pattern, circulation pattern, and infrastructure requirements, while providing a mechanism to implement such development. 3. The proposed change of zone (or revision to this title) is consistent with the purpose and intent of the title (or the portion of this title it is amending); The proposed Development Code Amendment would replace the existing zoning requirements within the Specific Plan area with those in the Specific Plan, as described above. It would also amend the existing zoning map to be consistent with the standards shown above. Because it would be inherently consistent with the Specific Plan, and the Specific Plan would be consistent with the General Plan, it would also be consistent with the General Plan. 4. The potential environmental impacts of the Development Code Amendment are insignificant or can be mitigated to an insignificant level, or there are overriding considerations that outweigh the potential impacts; Details with respect to potential impacts and CEQA Findings are described under Section 3 with respect to the Resolution approving the General Plan Amendment for all related East Cherry Avenue Specific Plan Project entitlements. 5. Because the application would amend the Development Code for the purposes of rezoning property in an agricultural district to a non-agricultural district, the following additional findings of fact are made in an affirmative manner: a. The uneconomic nature of the agricultural use is primarily attributable to circumstances beyond the control of the landowner and the city, and there are no other reasonable or comparable agricultural uses to which the land may be put, either individually or in combination with other adjacent farmland parcels; Item 10.a. - Page 159 ORDINANCE NO. PAGE 3 b. The proposed change in zone (or revision to this title) is for a parcel that is legally non-conforming as to minimum area in the agriculture district; c. The proposed change in zone (or revision to this title) will not result in, intensify, or contribute to discontiguous patterns of urban development; d. The proposed change in zone (or revision to this title) will not likely result in the removal of adjacent lands from agricultural use; and e. The proposed change in zone (or revision to this title) is for an alternative use which is consistent with the applicable provisions of the city's general plan; and f. There is no proximate land, which is both available and suitable that would provide more contiguous patterns of urban development than development of the subject farmland. 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 General Plan Amendment 15-001, Specific Plan 15-001, Development Code Amendment 15-001, Vesting Tentative Tract Map 15-001 and Conditional Use Permit 15-004. 2. Based on the Initial Study, an Environmental Impact Report (EIR) was prepared for public review. A copy of the Final EIR 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 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 City Councils find that said Final EIR reflects the City’s independent judgment and analysis. 4. The Final EIR was certified by adoption of Resolution _________. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1: The above recitals and findings are true and correct and are incorporated herein by this reference. SECTION 2: The City Council hereby approves Development Code Amendment 15-001, as set forth in Exhibit “A,” attached hereto, and incorporated herein by this reference. Item 10.a. - Page 160 ORDINANCE NO. PAGE 4 SECTION 3: A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk.Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30) days after its passage. SECTION 5: If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion by Council Member __________, seconded by Council Member __________, and on the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this _____ day of ____________ 2017. Item 10.a. - Page 161 ORDINANCE NO. PAGE 5 _______________________________________ JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ______________________________________ ROBERT K. McFALL, INTERIM CITY MANAGER APPROVED AS TO FORM: ______________________________________ HEATHER WHITHAM, CITY ATTORNEY Item 10.a. - Page 162 163 Page - 10.a. Item 164 Page - 10.a. Item 165 Page - 10.a. Item 166 Page - 10.a. Item 167 Page - 10.a. Item Item 10.a. - Page 168 Item 10.a. - Page 169 MEMORANDUM Date:September 27, 2016Revised 10-11-2016 To:Carol FlorenceOrganization:Oasis Associates From:Robert CamachoTitle:Project Manager ProjectName:East Cherry AveEntitlementProject Number:0144-01-RS15 Topic:East Cherry Ave Specific Plan Sub Area 2 Water Use Assessment Addendum The purpose of this addendum to the “Water Use Assessment” prepared by RRM Design Group, is to demonstrate how the project known as“East Cherry Avenue Specific Plan Sub Area 2”, is still in compliance with the statewide emergency conservation requirements, even when compared to the 2015 Urban Water Management Plan for the City of Arroyo Grande. (For methodology on determining residential water usage from Gross Baseline Data, see original report.) Original Data From2010Original Data From 2015 Urban Water ManagementUrban Water Management PlanPlan ResidentialResidential GrossGross (GPCD)(GPCD) (GPCD)(GPCD) Gross * .77Gross * .77 UWMP Gross Baseline Usage186143191146.7 UWMP Target Usage149115153117.8 (2010 UWMP)(2015 UWMP) Per CapitaPer SFR UnitPer CapitaPer SFR Unit Calculated Baseline Usage132317113271 28% Reduction9522881195 Note: Per SFR unit = Per Capita * 2.4 Item 10.a. - Page 170 Project (2010 UWMP)(2015 UWMP)Estimated GPDGPDDemand GPD Total Residential(11% Below 2015 Usage349229204UWMP) Indoor Usage (39% for 2015)13689122 Outdoor Usage (61% for 2015)21314082 The project’s projected water usage (indoor + outdoor) =204 GPD (see original report for calculation) is still 11% below the 2015 Calculated Residential usage per unit. The proposed outdoor usage when using high-efficient drip-only irrigation is an average of82 GPD (see original report for calculation). By installing a low cost grey water system for every residential unit, the outdoor water usage could be eliminated. Assuming laundry and shower as the sole source for extracting grey water. An average family household Washing machine: 25 gal/cycle x 2 cycles/day = 50 gal/day for laundry. An average family household Shower: 20 gal/shower x 2.5 showers/day = 50 gal/day for showers. Total = 50gal/day (laundry) + 50 gal/day (showers) =100gal/day.This will exceed the average amount for outdoor usage which will save the average user 100% of the water needed for drip-only irrigation. As stated in the Water Assessment Report dated Nov 2015, the City has used the following ground water sources, Santa Maria Basin and Pismo Formation, as well as Lopez Reservoir as supply sources. However, this project currently is supplied water through an on-site well that provides 35-65 AFY, which is in addition to the city groundwater entitlements. Per the Water Assessment Report dated Nov 2015, Sub Area 2 has an estimated annual water usage of 14.4 AFY, 13.1 AFY(based on revised lot count), which is about one third of the existing use for farming operations. In addition, the proposed use represents approximately0.7% of the City’s existing 2,106 AFY usage (2015 UWMP). Assuming grey water storage is utilized, there would be a water savings of approximately5.14 AFY 4.7 AFY(Based on revised lot count and assumes only outdoor requirements will be stored). The revised estimated annual water usage would be7.96 AFY (13.1 - 5.14)which represents0.4% of the City’s existing 2,106 AFY usage (2015 UWMP). Item 10.a. - Page 171 Projected AreaCurrent UsageWater (Acres +/-)(3 afy per acre) Demand (afy) (afy per acre) Sub Area 12.26.4813.807.32 Sub Area 211.634.826.8 7.96 (1) Sub Area 31.5-2.7-2.7 AF 15.334.410.6624.1surplus (1) This assumes that the outdoor irrigation demand will be mitigated by the grey water system. The proposed project is projected to increase the City’s Water Supply entitlement by about 24.1 AFY (see above table). This Ag conversation adds approximately 0.6% back to the City’s existing 3,813 AFY entitlement (2015 UWMP page 5-2) Item 10.a. - Page 172 Date: 1/4/2017 To: Teresa McClish Phone: (805) 473-0386 Director of Community Development City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93421 Prepared by: Spencer Waterman Reviewed by: Daniel Heimel, P.E. SUBJECT: REVIEW OF THE EAST CHERRY AVENUE SPECIFIC PLAN SUB AREA 2 WATER USE ASSESSMENT DRAFT & ADDENDUM MEMORANDUM 0´±¯®²¤ lj Background East Cherry Avenue Specific Plan Sub Area 2 Water Use Assessment DRAFT (RRM Design Group, November 2015), referred to as the , and the East Cherry Avenue Specific Plan Sub Area 2 Water Use Assessment Addendum Memorandum (RRM Design Group , September 2016), referred to as the for the City of Arroyo Grande (City). The East Cherry Avenue Specific Plan (Plan) includes development of the 11.6 acres within Sub Area 2 with 59 single family residences, roadways, parkways, a common area, and dedication of about 0.4 acres of land to the Japanese Welfare Association (Project). According to the Water Use Assessment for the project, 14.4 acre-feet per year (AFY) will Addendum states that this potable water demand could be reduced through the use of grey water systems for irrigation. Furthermore, the 2005 Santa Maria Valley Groundwater Basin (SMGB) Stipulation states that the Agricultural Conversion Credits Rule (Ag Credit) allows the City to increase its SMGB allocation by a factor of 3 AFY per acre of agricultural land converted to urban land minus the calculated urban usage. Actual modifications to SMGB allocations will depend upon three years of urban usage after Project implementation. The estimated resulting Ag Credit conversion of 11.6 acres of agricultural land yields an additional SMGB supply allocation estimate of 20.4 AFY. This East Cherry Specific Plan Sub Area 2 Water Use Assessment Peer Review Technical Memorandum (TM) evaluates and The specifics of grey water system design, permitting, ownership and implementation are not explicitly described in the Water Use Assessment Addendum, and estimating the potential volume of water available for collection and use in a Item 10.a. - Page 173 single-family residential (SFR) grey water system. This TM presents analysis of the following components of the Water Use Assessment and Water Use Assessment Addendum: 1)Demand Estimate Analysis 2)Grey Water Irrigation Potable Water Demand Offset Analysis 3)Ability to Sustainably Serve Project Demands 4)References 1Demand %²³¨¬ ³¤ !­ «¸²¨² The Water Use Assessment estimates Project water use utiliz Wastewater System Master Plan (City of Arroyo Grande, December 2012) for indoor usage and the Estimated Total Water Use (ETWU) methodology, which is an outdoor irrigation estimation methodology provided in the California Department of Water Resources will be at least 10% more efficient than the typical Arroyo Grande Home in 2010, due to the use of high efficiency otal water use to 14.4 AFY. The water use estimates and the standards for estimation used in the Water Use Assessment are based on the best reasonably available data and methods, and the water use estimates reflect reasonable values for planning purposes. 1.1 lj ,®­¦- ³¤±¬ 7 ³¤± 5²¤ 2¤£´¢³¨®­ 2¤°´¨±¤¬¤­³² WSC reviewed sections III-V of the Water Use Assessment, and subsequent use of the results of that analysis in the Water Use Assessment Addendum. The Water Use Assessment per the Regulations. The City is required by the EO to reduce total production from a 2013 baseline, not to reduce their residential gallons per capita per day (r-gpcd) as stated in the Water Use Assessment. The he 132 r-gpcd value, but that r-gpcd has no bearing on the required 28% reduction of total production from a 2013 baseline. Therefore, the r- gpcdcalculations in the Water Use Assessment and updated values in the Water Use Assessment Addendum are irreleva Sections V-VII of the Water Use Assessment were relevant to compare demands with EO water use reduction requirements and long- term water use reduction requirements. total water use in 2013 was 3,111 AFY. Applying the 28% reduction required by the EO yields a reduction target of 2,240 AFY. The total water use in the most recent 12 months (November 2015-October 2016) was 1,966 AFY, which is a 37% reduction from 2013. If the Project water use is added to the most recent 12 months of water use, the total is 1,980 AFY, which is still a reduction of 37% from 2013 and is well below the 2,240 AFY target water use. The latest EO and reduction requirements are in effect through January 2017. Senate Bill X 7-7 (SB7) requires all urban water suppliers throughout the State to reduce water use by 20% by the year 2020. Based on SB7 requirements, the 2015 Urban Water Management Plan (2015 UWMP) describes that the City expects to use 138 gpcd from 2020 through buildout for long-term planning Item 10.a. - Page 174 (14.4 AFY) and population (59 units*2.67 people per household=158 people 1) are added to the total projected water use for 2035 from the 2015 UWMP, the resulting gpcd would still be 138 gpcd, which is well below the SB7 requirement to use 158 gpcd or less by 2020. latest EO B-37-16 requires DWR to develop new water use efficiency targets as part of a long-term conservation framework for urban water agencies. These targets will supersede the requirements of SB7 after 2020. DWR is in the process of developing guidance to calculate new water use targets, so the ultimate water use reduction target was unknown at the time this TM was written. 2'±¤¸ 7 ³¤± )±±¨¦ ³¨®­ 0®³ ¡«¤ 7 ³¤± $¤¬ ­£ /¥¥²¤³ !­ «¸²¨² The Water Use Assessment Addendum proposed that 82 gpd per residential unit (5.4 AFY) of proposed outdoor irrigation could be served through use of on-site grey water systems. The grey water irrigation system is assumed to be supplied by laundry and shower water. This TM does not analyze the specifics of grey water system design, permitting, ownership and implementation, as they are not explicitly described in the Water Use Assessment or Addendum. Therefore, only the potential volume of water available that could be collected for use in a SFR grey water system is reviewed in this TM. The Water Use Addendum proposes that an average family household uses 50 gpd for clothes washing and 50 gpd for showers. The Water Use Addendum does not cite the source for the 50 gpd factors. For comparison purposes, a review of comprehensive reports on residential end uses of water was conducted. places where water is used in a single-family home such as toilets, showers, clothes washers, faucets, lawn watering, 2 etc. These end uses of water reports provided water use estimates of 20-37.5 gpd for clothes washing per household and 24.4-32.5 gpd for showers per household. WSC recommends that the median of the ranges provided in the end uses of water reports be utilized for estimating potential grey water supplies. The resulting grey water supply would be 57 gpd (3.76 AFY) as shown in Table 2-1. It is important to note that due to seasonal outdoor water use patterns, climatic and hydrologic conditions, and landscape irrigation requirements, much of the grey water generated in the wet winter months will likely not be needed for landscape irrigation and there may not be enough grey water generated during the summer months to meet peak irrigation demands. Grey water supply and demand should be analyzed for shorter time periods (e.g., monthly or daily) to establish how much storage is needed to reconcile peak demand and available supply. Assuming sufficient storage is available for each residential unit to utilize 3.76 AFY of grey water, the total Project water demand could be 10.6 AFY. Table 2-1. Potential Grey Water System Water Supply Estimates Water Use Factor Project Estimated Project Estimated Project (gpd/household) 1 Households Water Use (gpd) Water Use (AFY) Shower Household Use 28 59 1,679 1.88 Clothes Washer Household Use 29 59 1,682 1.88 Total 57 3,361 3.76 Developed based on the median of the ranges provided in the end uses of water reports: (Water Research Foundation, April 2016) (Aquacraft 1 Water Engineering & Management with Stratus Consulting & the Pacific Institute, June 2011) 1 Per the 2015 UWMP (Water Systems Consulting, Inc., June 2016). 2 (Water Research Foundation, April 2016); (Aquacraft Water Engineering & Management with Stratus Consulting & the Pacific Institute, June 2011) Item 10.a. - Page 175 3!¡¨«¨³¸ ³® 3´²³ ¨­ ¡«¸ 3¤±µ¤ 0±®©¤¢³ $¤¬ ­£² As described in Section 1, the City is anticipated to be able to meet short-term water use reduction requirements and longer term SB7 reduction requirements. This demand would be further reduced if grey water systems are implemented as described in Section 2. The 2015 UWMP states that the City supply will exceed demand in multiple dry year drought conditions within a range from 488-717 AFY, which far exceeds the amount of supply needed to meet Project demands of 14.4 AFY without use of grey water and 10.6 AFY with use of grey water. However, the 2015 UWMP was developed during the fourth year of unprecedented drought and does not account for ongoing supply reductions and implementation of revised emergency water shortage stages and actions. Furthermore, as described in the Purpose & Background section of this TM, the Ag Credit conversion of 11.6 acres yields an addition of 20.4 cation. The addition of 20.4 6 AFY without use of grey water and 9.8 AFY with use of grey water considering 14.4 AFY or 10.6 AFY of supply would be used to meet Project demands. The Project offsets its demand for City water with a new City supply by a ratio of 1.4 to 1 without grey water and by 1.9 to 1 with grey water. 4References Aquacraft Water Engineering & Management with Stratus Consulting & the Pacific Institute. June 2011. California Single Family Water Use Efficiency Study. June 2011. City of Arroyo Grande. December 2012. Wastewater System Master Plan. December 2012. RRM Design Group . September 2016. East Cherry Avenue Specific Plan Sub Area 2 Water Use Assessment Addendum Memorandum. September 2016. RRM Design Group. November 2015. East Cherry Avenue Specific Plan Sub Area 2 Water Use Assessment DRAFT Prepared for NKT Properties. November 2015. Shane Taylor. February 24, 2016. East Cherry Avenue Specific Plan Final EIR Appendix N . February 24, 2016. Water Research Foundation. April 2016. Residential End Uses of Water, Version 2 Executive Report. April 2016. 978-1- 60573-236-7. Water Systems Consulting, Inc. June 2016. City of Arroyo Grande 2015 Urban Water Management Plan. June 2016. Item 10.a. - Page 176 Key Questions E. Cherry Avenue Specific Plan Planning Commission 10-4-16 1.Is there enough water for the project? Why were water supply-related impacts found to be less than significant in the EIR? Can development under the SP be limited in the event of water supply concerns? The Final EIR evaluates whether or not there is sufficient water supply for the buildout and adopted 2012 Urban Water Management Plan. As described in the EIR, there is sufficient water supply to serve the City at General Plan buildout, based on the technical information and assumptions in the Urban Water Management Plan. The methods of the EIR analysis look at a water cycle using a 10-year historic average and not a snapshot in time, such as the current drought. supplies derive from three sources: the Tri-Cities Mesa Groundwater Basin, the Arroyo Grande Alluvial Basin (a separate groundwater basin), and Lopez -feet per year (AFY) is sufficient to serve the City and its future development at General Plan buildout, estimated to be 2,934 AFY in 2035 (Final Draft 2015 Urban Water Management Plan, June 2016). This figure presumes there would be 921 additional metered water connections for single-family residential development compared to the year 2015. It should also be noted that per capita water use has steadily declined since 2004, largely because of conservation efforts, from 200 gallons per person per day (gpcd) in 2004 to 113 gpcd in 2015, a 45% reduction (Final Draft 2015 UWMP). For planning purposes, the 2015 UWMP uses an average of 138 gcpd to calculate projected use, which reflects the average use from 2013-15. Actual citywide water use in 2015 was 2,106 AFY, a substantial reduction from the 2,782 AFY used in 2010. With respect to single-family residential use, the total citywide water use dropped during that period from 2,031 AFY to 1,517 AFY (a 25% decrease), despite the fact there were 106 new metered residential connections established during that time. These figures support the accuracy of long-term water use projections included in the 2015 UWMP. As described in the EIR, existing water demand on the project site from irrigated agricultural uses is estimated at 41.3 AFY. Projected water demand from development on all subareas would be 36.2 AFY, which would replace the current irrigated agricultural water use. Thus, there would be a net decrease in Item 10.a. - Page 177 overall water demand of an estimated 5.1 AFY. For that reason, the Final EIR found that impacts to water supply would be less than significant. Note that the pre-and post-construction water use calculations are based on the assumption that JWA will use water from their onsite well for landscaping and orchard irrigation. Also note that return flows from agricultural use are not factored in to the demand projections, but at the same time, the project would be capturing urban stormwater flows and putting these back into the ground. The net effect of these assumptions would not materially change the conclusion that projected water use would be less than existing water use. The agricultural mitigation parcel on Flora Road has historically been in irrigated agriculture use. The purpose of acquiring this property is to ensure that it remains in agriculture in perpetuity. Its past irrigation and water use characteristics would not change as a result of this mitigation measure, so this does not represent a net increase in overall water use citywide. In addition, the agricultural mitigation parcel is not included in the Tri-Cities Mesa Groundwater Basin, so its past, present and future water use at that location is not subject to adjudication limitations set forth for the City community of Oceano, which share water rights to that basin. As noted in the Final EIR, the Governor of California declared a Drought State of Emergency in April 2015. In the event that the City were to impose a growth moratorium in response to the possibility of continued drought conditions, the Specific Plan could include language that assures that such growth restrictions could be applied to future development under the Specific Plan. 2.Will the roundabout concept as described in the traffic study be required as mitigation for the project? As described in Mitigation Measure TRANS-3b, proposed development would be required to pay its fair share toward whatever improvements are needed to ensure that the East Grand Avenue/W. Branch Street intersection operates at acceptable levels of service. The traffic study for the project considered several alternate designs to accomplish this, concluding that two roundabouts would best achieve this goal from technical standpoint. Other design solutions may be possible, and less expensive, though they may not achieve the same level of benefit. As mitigation, the applicants will provide their fair share of funding for whatever the most expensive potential solution might be, which in this case is the two roundabouts. In this way, if another solution is ultimately implemented, the applicants will have paid their fair share to cover the needed improvements. Item 10.a. - Page 178 It is not known when the City would have sufficient funds to construct such EIR concludes that the impact is significant and unavoidable, since the timing of the improvements would be uncertain, and impacts would remain in the interim. That said, the applicants would also be required as a project condition/mitigation to add a lane to the roadway to provide interim relief. 3.e the potential project impacts with respect to the freeway and associated on/offramps? Caltrans was formally consulted throughout the EIR process. The Notice of Preparation (NOP) was distributed to Caltrans for their input regarding the scope of the EIR. The Draft EIR was also made available to Caltrans for their review of the technical issues. In each case, Caltrans did not respond to these outreach CEQA, because it does not have permit authority over any aspect of the proposed project. Nevertheless, the EIR traffic analysis and subsequent studies used input from Caltrans documents and technical studies as appropriate in drawing conclusions, particularly with regard to crafting mitigation measures related potential improvements that may require coordination with Caltrans (Mitigation Measure TRANS-3b). 4.a limited number of traffic counts? The traffic study was prepared based on accepted industry standards. These standards address methodologies (including data collection), analysis approach, and conclusions. Therefore, the traffic study is valid. 5. of a project in determining potential environmental impacts, which would potentially underestimate the environmental effects of the action as a whole. In this case, the Final EIR considers the effects of all aspects of possible future development under the Specific Plan, including all uses in the three subareas in question. The possible removal of the hotel component, if the project is approved in that fashion, would not change the Final EIR analysis that considered its potential effects, which are fully disclosed in that document. Therefore, no Item 10.a. - Page 179 6.How can the EIR find that potential impacts related to agriculture are less than significant, and yet at the same time find there is a significant impact related to ies with respect to this issue? As described in the Final EIR (Section 3.2), Subarea 2 and 3 are each currently zoned AG, and contain prime farmland soils. Thus, development of these areas is subject to mitigation requirements per City General Plan Policy Ag1-4.2. This mitigation requirement was addressed by the City Council in July 2015 for Subarea 2, and in July 2016 for Subarea 3. As a result of the City Council actions, no further mitigation per policy would be required for either area. The Final EIR also considers, apart from City policy, whether an actual physical impact to agricultural resources would occur, since City policy does not consider the size, shape, location or viability of the parcel in determining consistency with that policy. Based on these physical considerations, Impact AG-1 within the Final EIR determined that the overall impacts to agricultural resources of the entire Specific Plan area would be less than significant, using the CEQA-sanctioned LESA methodology, an approach used commonly by jurisdictions throughout the State of California. The determination was made, in part, by the fact that the 15.29- acre Specific Plan area is too small to be economically viable in the long-term, and the fact it is generally surrounded by non-agricultural uses that would hinder its viability. 7.Why are impacts related to public services, such as police protection, found to be less than significant in the EIR? Impacts to police and fire protection services are described in the Final EIR, under Impact UT-5. As stated in that analysis, development of the proposed project would incrementally increase demand for both non-emergency and emergency fire protection and police protection services; however, the respective service departments were consulted and they determined they have adequate facilities and staffing levels to accommodate the increase in demand associated with the project. The project site is located within safe and timely response periods (less than 3-minute response time) for local fire and police stations and the proposed Project is not predicted to impede fire and police protection services to the site. 8. Development Code allow for on-street parking to count as guest parking? Parking for each component of the development would be provided consistent with City standards and regulations, as described in the proposed Specific Plan and related Planning Commission staff report of September 20, 2016. Parking for single-family residential subdivisions, as is proposed, is regulated by Item 10.a. - Page 180 Development Code Section 16.56.060, which requires 2 spaces per unit within an enclosed garage. There are no provisions for visitor (or guest) parking for conventionally sized single-family lots under the Development Code. However, Planned Unit Developments are required to include guest parking at .5 space/unit as such lots usually are not adjacent to a public street. Since the lots as proposed all have street parking available adjacent to each residence as in a conventional single family neighborhood, guest parking would be accommodated on the street. The proposed project would provide 25 new on- street parking spaces on an improved East Cherry Avenue, along with 52 new on- street spaces on the local road that serves the subdivision. If the Commission determines that due to the design of the subdivision, for example, the inclusion of alley loaded lots without driveways, though adjacent to public streets should require additional visitor parking, then a condition should be added requiring additional parking. A potential condition for this case is as follows: adjacent to subarea 3 or subarea 1 in the vicinity of Lots 1-25. This condition may result in the loss of one (1) residential lot. 9.Will the proposed park be considered a public park? Who will maintain the park? The proposed park would be publicly accessible, but maintained by the Homeowners Association to be established as part of the residential subdivision. 10.Will the proposed collector location included in Subarea 2 determine the location of the potential extension of that road to the south? Issues related to the design of the proposed Collector road are clearly described in the September 20, 2016 Planning Commission staff report, and repeated in the following paragraphs. potential future development to the south of the project site, it should be noted that this is intended that the extension of the stubbed end of this roadway is not currently planned, nor is included as part of the proposed project. Thus, to analyze impacts of a possible future roadway to the south would be speculative. However, the collector stub is considered part of the proposed project and environmental effects associated with this roadway stub are included with project impacts in the Final EIR (e.g., Sections 3.6, Hydrology and Water Quality, 3.7, Land Use). Further, potential growth inducing impacts resulting from this collector stub have been identified within Section 4.2.4, Other CEQA Considerations. Item 10.a. - Page 181 The collector stub and a possible future collector road on the hillside south of the project site are not included in the existing General Plan Circulation Element. However, the General Plan, Circ Mar. The Circulation Element Policy CT5-5 describes the intent of this study area, which states: future freeway, arterial and collector street connections, extensions, completions, reconstruction, widening, frontage road alternatives or extensions, and/or other improvements to the Circulation and Transportation networks until cooperative resolution of Element revisions and/or capital improvement Further, Policy CT5-5.3 states study areas or plan lines, and where legally and financially feasible, require a portion of rights-of- The East Cherry Avenue Specific Plan and the proposed collector stub are within the vicinity of the study area. The proposed collector stub is considered an improvement that may be needed to accommodate future development to the effects of extending this collector stub will be appropriately analyzed as part of the Circulation Element update and associated CEQA documentation. Based on that analysis, it will be determined whether or not such a roadway should be extended at all, or if alternate approaches could be considered. 11. to allow emergency vehicle access or evacuation? Both the Fire Department and Police Department reviewed the proposed plans during the planning and CEQA process, and determined that the subdivision as proposed would adequately address emergency vehicle access and evacuation requirements. 12.Can a reduced project (e.g., one without a hotel/restaurant component and/or fewer homes within the subdivision) be approved? Yes, a reduced version of the proposed project could be potentially approved. Because potential environmental impacts would be reduced compared to the proposed project, the Final EIR has disclosed potential impacts as a worst-case scenario. Staff would need to work with its consultant team to determine whether certain prescribed mitigation measures would still be applicable, and revise the Mitigation Monitoring and Reporting Program (MMRP) accordingly. Item 10.a. - Page 182 The required CEQA Findings may also be modified somewhat to address the revised project, and these changes would need to be included in an updated Resolution. Any such changes, however, could be transmitted to the City Council as part of the staff report to them, indicating Planning Commission direction as appropriate. 13.How can the residences be considered compatible with the surrounding neighborhood when the average lot size is less than the Village Residential minimum of 6,750 SF? The current average lot size for Subarea 2 (based on the map presented on September 20, 2016 with the proposed park expanded and removing Lot 41) is 5,811 SF. This is consistent with the direction for smaller lot sizes for the project site given by the General Plan included in Land Use Element Policy LU5-13, which states: LU5-13: The 14± acre area southeast of Traffic Way and E. Cherry Avenue is designated as Mixed Use, Planned Development (MU-PD), including residential, agriculture related, and commercial components. ŷĻ ƩĻƭźķĻƓƷźğƌ ƦƌğƓƓĻķ ķĻǝĻƌƚƦƒĻƓƷ ĭƚƒƦƚƓĻƓƷ ƒğǤ źƓĭƌǒķĻ ƭźƓŭƌĻΏŅğƒźƌǤ ƩĻƭźķĻƓƷźğƌ ķĻǝĻƌƚƦƒĻƓƷ ǞźƷŷ ƌƚƷ ƭźǩĻƭ ƚŅ ЎͲЎЉЉ ƭƨǒğƩĻ ŅĻĻƷ ƚƩ ƒƚƩĻ. The agriculture related component may include organic farms, teaching farms, or similar specialty uses (not involving pesticide applications). The commercial component of the Mixed Use, Planned Development may include agricultural services and/or farm supplies, nursery, or other uses allowed or conditionally permitted in the Mixed Use district fronting on Traffic Way (emphasis added). Further modification to the project would need to maintain consistency with the direction of this Policy. A question was raised at the September 20, 2016 meeting regarding if the -of-way could be entirely constructed on the project site. This would necessitate the road to be moved slightly eastward and would be possible, but would require Lot 40 to be reduced in size. As a worst- case scenario, assuming it would be reduced to the same size as the smallest lot in the proposed subdivision (4,331 SF), this would reduce the overall average residential lot size to 5,778 SF. Because the proposed average residential lot size within this area would exceed 5,500 SF, it would be considered consistent with this General Plan policy. Item 10.a. - Page 183 Item 10.a. - Page 184 Item 10.a. - Page 185 Item 10.a. - Page 186 Matt Downing From:Teresa McClish Sent:Wednesday, December 07, 2016 9:02 AM To:'Streder, Melissa@DOT' Cc:Newland, Larry C@DOT; Carol Florence (cmf@oasisassoc.com); Bob McFall; John Rickenbach (jfrickenbach@aol.com); Nate Stong (NSTONG@omnimeans.com); Matt Downing FW: draft response Subject: Attachments:O-M Response to caltrans letter.pdf Melissa, Thankyouforyourdiscussionbyphoneyesterdaythatincludedyourself,LarryNewland,FrankBoyleandtheapplicant, regardingyourconcernsabouttheE.CherrySpecificPlanproject.InresponsetoyourletterdatedNovember30,please seeourattachedresponseprovidedbyourTrafficConsultant.Wealsounderstandyouracknowledgedreceiptofthe NoticeofPreparationfortheproject.Asyouareaware,werelyontheprocessofnotificationrequiredunderCEQAand thepurposeoftheNOP,toclearlyspecifytheproposedmethodologiesandimpactthresholds,andrequestinputon issuestobeaddressedintheEIR,includinganydirectiononmethodologiesandtechnicalapproachestothe analysis.AbsentaresponsetotheNOP,theCityworkedwiththetrafficconsultanttodevelopananalysisthatis consistentwithCityrequirementsandstandardindustrypractice.Weareconcernedaboutyourstatementthatyoudid tEIR,andthuswouldhaverespondedwithintheCEQAcommentperiodwithcomments notreceiveacopyoftheDraf ontheanalysisincludedinthatdocument.Inresponse,theEIRconsultantcontactedtheStateClearinghouseand confirmedthattheydidinfactsendacopyoftheDraftEIRtoCaltransonApril8,2016,addressedtoLarry Newland.Thiswasthefirstdayofthe45daypublicreviewperiod,whichendedonMay23,2016.Asyouknow,under CEQA,aLeadAgencyisnotrequiredtorespondtocommentsreceivedafterthecloseofthepublicreview period.Nevertheless,aresponseisattachedasacourtesy,becausetheletterraiseskeytechnicalissuesthatmerita responsefortheCityCounciltomakeafullyinformeddecisionontheproject.Weappreciateyourrequestthatwe contactyoudirectlyinparalleltoournormalCEQAprocedurestoensuredeliveryofourCEQAdocumentsandarehappy todosoforfutureprojects. Importantly,regardingtheconcernthatthetechnicalapproachandmethodologyusedinthetrafficstudyandEIRare flawed,anddonotadequatelyconsiderpotentialimpactstoCaltransfacilities,notablytheU.S.Highway101/FairOaks southboundofframp,theTransportationImpactAnalysis(TIA)andEIRanalysisusedtheHighwayCapacityManual (HCM)methodologyistheindustrystandard,andconsistentwithwhatCaltransGuidelines.Basedonthismethodology, theanalysisshowsthatprojectimpactstothesouthboundUS101/FairOaksofframpwouldbelessthansignificant. ItshouldbenotedthatCaltransisnotconsideredaͻwesponsible!ŭĻƓĭǤͼunderCEQA,sincethereisnoaspectofthe proposedprojectoverwhichCaltranshaspermittingauthority.Forthatreason,andbecausetherewasnoresponse fromCaltransoneithertheNOPortheDraftEIR,webelieveitisentirelyappropriatethattheCityusedamethodology ndustrystandards. consistentwithCityrequirementsandi Basedontheabovediscussion,andthedetailedtechnicalresponseattached,theFinalEIRanditsconclusionsremain unchangedwithrespecttothetrafficanalysis.TheimpacttothesouthboundUS101/FairOaksofframpremainsless thansignificant,andnoadditionalmitigationmeasuresarerequired.Nevertheless,aswediscussed,inrecognitionof Caltransconcern,theCityishappytoworkwithCaltransandtheapplicanttoidentifyanyopportunitiestofacilitatea solutionorinterimsolution.Importantly,the/źƷǤ͸ƭhaseffortsunderwaytokickofftheProjectInitiationphaseforthe FairOaksofframpstudy,forwhichwehavereceivedCMAQfunding,toformallybegintoaddresstheoperationofthis facility.Weappreciateourdiscussiontodayandlookforwardtoworkingwithyouonanyremainingconcernsregarding theE.CherrySpecificPlanprojectaswellasaddressingtherampandintersectionatFairOaksandOrchardgoing forward. Teresa 1 Item 10.a. - Page 187 Teresa McClish, AICP Director of Community Development City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93421 (805) 473-5420 fax (805) 473-0386 tmcclish@arroyogrande.org The information contained in this email pertains to City business and is intended solely for the use of the individual or entity to whom it is addressed. If the reader of this message is not an intended recipient, or the employee or agent responsible for delivering the message to the intended recipient and you have received this message in error, please advise the sender by reply email or phone and delete the message. Please note that email correspondence with the City of Arroyo Grande, along with attachments, may be subject to the California Public Records Act, and therefore may be subject to disclosure unless otherwise exempt by law. 2 Item 10.a. - Page 188 City of Arroyo Grande12/6/2016 Matt DowningE. Cherry Avenue Specific Plan Transportation Impact Analysis Nate Stong, P.E. Report(TIAR) Caltrans 11-30-2016 Comments R2089RSP001.DOCX John Rickenbach Dear Matt, the below provides my responses to the Caltrans comment letter. Please note that the Caltrans letter is provided in a narrative which I've broken into a numbered list. 1The Transportation Impact Analysis for the This assertion is incorrect. The methodology FEIR used Intersection Control Utilization (ICU) used in the TIAR was in fact HCM.It is methodology, which among other deficiencies, unclear where the commenter could have does not capture actual ramp queuing found reference to ICU as the TIAR, DEIR, movements or is appropriate for California and FEIR are clear on the methodology Environmental Quality Act (CEQA) level used. The report states the following on analysis. Highway Capacity Manual (HCM) Page 6(Also see FEIR page 3.10-4): methodology is the industry and federal Intersection LOS Methodologies highway standard that is required for transportation analysis of the \[State Highway Levels of Service (LOS) have been System\] SHS and should have been used for calculated for all intersection control types US 101 mainline and ramp analysis in the EIR. using themethods documented in the Transportation Research Board Publication Highway CapacityManual, 2010. Synchro 9 Modeling The Synchro Version 9 software suite by Trafficware has been used to implement the HCM-2010 analysis methodologies. The peak hour capacity tables contained in this report present theintersection delay and LOS estimates as calculated using the Synchrosoftware. 2This is of great concern, especially as it The significance thresholds used in the pertains to the US 101 Fair Oaks southbound TIAR analysisare based on the City's Draft off-ramp which identifies Level of Service Traffic Impact StudyGuidelines, as (LOS) as E during the AM peak hour. The documented in the Initial Study (see DEIR project is anticipated to add trips at this App. A, Page 26). This threshold 669 Pacific Street l Suite A l San Luis Obispo, CA 93401 l p. 805.242.0461 l omnimeans.com Napa l Redding l Roseville l San Luis Obispo l Visalia l Walnut Creek Item 10.a. - Page 189 December 6, 2016 location; any added trips to the ramp and methodology was then used and subsequent intersection is an impact that must documented in the Draft and Final TIAR and be mitigated. Therefore, Caltrans does not DEIR. The TIAR states the following(also support the "Less than Significant" see DEIR page 3.10-13): determination for the following TRANS-4 Omni-Means will apply level-of-service impact identified in the FEIR: "Project generated traffic would potentially addition,seconds of delay will be cause incremental increases in delays at the considered. Significance thresholds for Fair Oaks Avenue/U.S. Highway 101 signalized and unsignalized intersections southbound off-ramp/Orchard Avenue intersection which operates at unacceptable conditions exist under the "No Project" LOS E during the AM peak hour. However, scenario, any additional delay introduced by increased delays would not exceed City the project of more than 7.5 seconds for standards (Less than Significant)"signalized intersections is considered a scenario, any additional delay introduced by the project of 5.0 seconds or more for signalized intersections is considered a significant impact. For unsignalized intersections, the project is considered to have a significant impact if it would go from acceptable to unacceptable LOS conditions, or if it would increase the delay by more than 5.0 seconds at an intersection that is already operating at an unacceptable Using this criteria, the increased delay at the Fair Oaks Ave/US 101 Off- ramp/Orchard Avenue intersection due to theestimated added trips generated by the project was calculated to be 0.6 seconds in the AM peak hour (See TIAR Table 10). The report states the following: Intersection #8: Fair Oaks Avenue at US 101 SB Offramp / Orchard Avenue This intersection is currently operating at unacceptable LOS 'E' during the AM peak hour. The Project is calculated to add less than one second of delay for each peak hour over both the Existing plus Approved/Pending Project Scenario and the Cumulative No Project Scenario, and therefore the Project does not significantly impact this intersection. 3See comment #1 response. The TIAR used A City standard is inconsequential when it HCM methodology. pertains to the State Highway System as this governing body does not own or operate this The Notice of Preparation of the EIR was facility; Caltrans does not support the City's provided to Caltrans District 5 through the determination. In part, this conclusion was State Clearinghouse process, and based on ICU methodology which is not notification was again provided with release accepted for a State facility. Traffic analysis and availability ofthe Draft EIR for review 2 Item 10.a. - Page 190 December 6, 2016 using HCM analysis is needed to more and comment. accurately evaluate the level of impact and determine appropriate mitigation strategies for the Fair Oaks US 101 southbound off-ramp and US 101 mainline. Also, the "Less than Significant" and no The significance determination was in no mitigation required determination should not be way "solely based on the potential future solely based on the potential future construction of a roundabout...". The FEIR construction of a roundabout at the US 101 states that the determination is based on southbound off-ramp/Orchard Avenue the existing deficiency and incremental (less intersection. It is uncertain if/when the than 1.0 second) delay projected at this 4proposed roundabout would be constructed in intersection due to the project. The relationship to the project, or if this would discussion of the roundabout is to provide ultimately be the preferred alternative for context and information as to the steps the intersection control at this location. If a City is taking to address the existing roundabout is determined a viable solution, deficiency. constructionof the roundabout would likely need to occur prior to development occupancy. Caltrans also does not support the following Theproject study arealimitsandstudy "Less than Significant" finding no mitigation intersections wereestablished early in the needed determination for the TRANS-6 impact process by the City (Notice of Preparation for reasons including and not limited to the of an EIR was made on October 20, 2015; points stated above for the US 101 Fair Oaks Initial Study dated October 2015and Draft southbound off-ramp:EIR released in April 2016). This 5 information was made available to "The proposed Project would potentially responsible agencies at each step through generate and attract trips to and from U.S. the State Clearinghouse. Highway 101, incrementally increasing congestion of the region's main highway (Less than Significant)." Again without the benefit of reviewing an The analysis did in fact use HCM accurate technical analysis using HCM methodology. See response to comment methodology that evaluates the impacts to the #1. 6 US 101 mainline, ramps and intersections between Traffic Way and Grand Avenue, Caltrans cannot support this finding. 3 Item 10.a. - Page 191 Item 10.a. - Page 192