R 4856 RESOLUTION NO. 4856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING TENTATIVE TRACT MAP
18-002 MODIFYING CONDITIONS OF APPROVAL #18, #49,
AND #157 OF RESOLUTION NO. 4771 REGARDING
SATURDAY CONSTRUCTION AND MODIFYING
CONDITIONS OF APPROVAL #162-164 REGARDING
TRAFFIC SIGNAL INSTALLATION, STREET
IMPROVEMENT INSTALLATION, AND PAYMENT OF
STREET MITIGATION FEE TIMING; LOCATED AT
• SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC
PLAN; APPLIED FOR BY WATHEN CASTANOS
WHEREAS, on January 10, 2017, the Arroyo Grande City Council adopted Resolution No.
4771, approving the East Cherry Avenue Specific Plan (the "Specific Plan") and Vesting
Tentative Tract Map 15-001; and
WHEREAS, conditions of approval included in Resolution No. 4771 prohibited
construction on Saturdays; and
WHEREAS, additional conditions of approval included in Resolution No. 4771 required a
traffic signal be installed at the Intersection of Traffic Way and Fair Oaks Avenue prior to
the issuance of the first building permit; and
WHEREAS, the developers of Subarea 2 of the Specific Plan are requesting the
modification of the construction limitations to allow for construction to occur on Saturdays,
as well as the modification of the timing of traffic installation to the issuance of the first
certificate of occupancy; and
WHEREAS, the City Council previously certified an Environmental Impact Report with
overriding considerations for the Specific Plan 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 draft Mitigated
Negative Declaration; and
WHEREAS, the Planning Commission reviewed the request modifications at a duly
noticed public hearing on May 1, 2018 and recommended approval of the proposal with
modifications; and
WHEREAS, the City Council has reviewed the requested modification at a duly noticed
public hearing on May 22, 2018.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande, after due study, deliberation and public hearing, hereby modifies Conditions of
Approval #18, #49, and #157 to allow for Saturday construction as follows:
RESOLUTION NO. 4856
PAGE 2
1. Condition of Approval #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 the requirements included in mitigation measure NOI-1 a.
Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday
through Friday and 10 AM and 5 PM on Saturday. No construction shall occur on
Saturday or Sunday or official holidays (e.g., Thanksgiving, Labor Day). Off-site
work shall be limited to Monday through Friday. If the City receives a substantial
number of complaints from neighbors of the project, staff may in its discretion,
schedule a City Council meeting to reconsider the allowance of construction on
Saturdays.
2. Condition of Approval #49: Perform construction activities related to inspection
during normal business hours (Monday through Friday, 7 A.M. to 5 P.M and
Saturday, 10 A.M. to 5 P.M.+ Construction work requiring inspections shall be
limited to normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) due to
staff not being available for inspections on Saturdays. No construction shall occur
on Sundays or official holidays (e.g., Thanksgiving, Labor Day). 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. Off-site work shall be limited to Monday through Friday. If the City
receives a substantial number of complaints from neighbors of the project, staff
may in its discretion, schedule a City Council meeting to reconsider the allowance
of construction on Saturdays.
3. Condition of Approval #157, fourth bullet: 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 5:00 P.M.
Monday through Friday and Saturday between 10:00 A.M. and 5:00 P.M. No
Movement of heavy equipment shall occur on Sa#ufdays-Sundays or official
holidays (e.g., Thanksgiving, Labor Day). Off-site work shall be limited to Monday
through Friday. If the City receives a substantial number of complaints from
neighbors of the project, staff may in its discretion, schedule a City Council meeting
to reconsider the allowance of construction on Saturdays.
4. Prior to issuance of occupancy permits, the applicant shall install, subject to
approval of the City Engineer, frontage improvements on East Cherry Avenue,
including 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. In accordance with the
requirements of Government Code Section 66485 et seq. and AGMC 16.68.080,
the applicant shall enter into a reimbursement agreement for costs associated with
design, permitting, inspections and construction of said roadway frontage
improvements that are supplemental to the requirements of Tract 3081.
RESOLUTION NO. 4856
PAGE 3
Reimbursement funds will be collected by the City from future development projects
that benefit from the frontage improvements.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of
Arroyo Grande, after due study, deliberation and public hearing, hereby modifies
Conditions of Approval #162, #163, and #164 regarding timing of traffic signal installation,
street improvement installation, and payment of street mitigation fees to be paid prior to
issuance of the first building permit for homes other than model homes.
NOW, THEREFORE, BE IT FURTHER RESOLVED that all unmodified conditions in City
Council Resolution No. 4771 shall remain in force and effect. Impact and other City
imposed project fees shall be those fees in place when the application for this amendment
to the project conditions of approval was deemed complete, May 2, 2018.
On motion by Council Member Brown, seconded by Council Member Harmon, and by the
following roll call vote, to wit:
AYES: Council Members Brown, Harmon, and Barneich
NOES: Council Member Ray
ABSENT: Mayor Hill
the foregoing Resolution was adopted this 22nd day of May, 2018
RESOLUTION NO. 4856
PAGE 4
JIM HILL, MAYO'
ATTEST:
(Aidifieke
KELLY TM; RE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES . T AN, CITY MANAGER
APPROVED AS TO FORM:
IITHE---R K. WHITHAM, CITY ATTORNEY
•
OFFICIAL CERTIFICATION'
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
- Resolution No. 4856 was passed and adopted at a regular meeting of the City Council
of the City-of Arroyo Grande on the 22nd day of May, 2018.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 24th day of
May, 2018.
/ tUitivate
KELLY TM/i RE, CITY CLERK