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R 3576 RESOLUTION NO. 3576 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING CONDITIONAL USE PERMIT CASE NO. 01.010, LOCATED AT 579 CAMINO MERCADO, APPLIED FOR BY CENTRAL COAST REAL ESTATE DEVELOPMENT, INC. WHEREAS, the City Council of the City of Arroyo Grande has considered Conditional Use Permit Case No. 01-010, filed by Central Coast Real Estate Development, Inc. for construction of a 60-unit senior apartment complex and a 3,000 square foot senior recreation center; and WHEREAS, the City Council has held a public hearing on this application in accordance with the City Code; and WHEREAS, the City Council has found that this project is consistent with the General Plan and the environmental documents associated therewith; and WHEREAS, the City Council has reviewed this project in compliance with the California Environmental Quality Act (CECA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CECA and has determined that a Mitigated Negative Declaration can be adopted; and WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL Conditional Use Permit Findings: 1. The proposed use is permitted within the Professional Commercial (P-C) District of the Oak Park Acres Planned Development (PD 1.1) pursuant to Section 16.16.040 of the Development Code, and complies with all applicable provisions of the Development Code, the goals and objectives of the Arroyo Grande General Plan, and the development policies and standards of the City. 2. The proposed use will not impair the integrity and character of the district in which it is to be established or located because the proposed use is similar to surrounding uses. 3. The site is suitable for the type and intensity of use or development that is proposed because all the necessary easements, circulation, parking and setbacks would be provided. 4. There are adequate provisions for water, sanitation, and public utilities and services to ensure the public health and safety. RESOLUTION NO. 3576 PAGE 2 5. The proposed use will not be detrimental to the public health, safety, or welfare, or materially injurious to properties and improvements in the vicinity because the proposed project would not create adverse environmental impacts. Architectural Review Findings: 1. The proposal is consistent with the General Architectural Review Guidelines for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project. 4. The general appearance of the proposed building is consistent with the character of the neighborhood because the size and design are consistent with other buildings in the vicinity. 5. The proposal is not detrimental to the orderly and hannonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Department of Fish and Game Required Findings of Exemption: 1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063 of the Guidelines of the Califomia Environmental Quality Act (CEQA), for Conditional Use Pennit Case No. 01-010. 2. Based on the initial study, a Negative Declaration with Mitigation Measures was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts the mitigated negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the Council finds that said Mitigated Negative Declaration reflects the City's independent judgment and analysis. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of Administrative Services to file a Notice of Detennination, and approves Conditional Use Penn it Case No. 01-010, with the above findings and subject to the conditions as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. RESOLUTION NO. 3576 PAGE 3 On motion by Council Member Lubin, seconded by Council Member Ferrara, and by the following roll call vote, to wit: AYES: Council Members Lubin, Ferrara, Dickens, and Mayor Pro Tem Runels NOES: None ABSENT: Mayor Lady the foregoing Resolution was adopted this 22nd day of January, 2001. - ~ --.- RESOLUTION NO. 3576 PAGE 4 ~ /'-?j' ~~g THOM S A: ~sii~oR PRO TEM ATTEST: ~4; (ld1M!fJM. KELLY VJ TIIJI R ,ADMINISTRATIVE SERVICES DIRECTOR! DEPUTY CITY CLERK APPROVED AS TO CONTENT: Si~) E EN ADAII7IS,-CITY MANAGER APPROVED AS TO FORM: (~tV" (/ TII'? THY J. CA ME~ITY ATTORNEY RESOLUTION NO. 3576 PAGE 5 EXHIBIT "Au CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT CASE NO. 01- 010 Central Coast Real Estate Development, Inc. 579 Camino Mercado COMMUNITY DEVFI OPMFNT DFPARTMENT GFNFRAI CONnlTIONR This approval authorizes the construction of a 60-unit senior apartment complex and a 3,000 square foot senior recreation center. 1. The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2. The applicant shall comply with all conditions of approval for Conditional Use Permit Case No. 01-010. 3. This application shall automatically expire on January 22, 2004 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, the applicant may apply for an extension of one (1) year from the original date of expiration. 4. Development shall occur in substantial conformance with the plans presented to the City Council at the meeting of December 11, 2001 and marked Exhibits "B1 - B5". Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, except as specifically modified by these conditions. 5. The applicant shall agree to defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of said approval, or in anyway relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fee's which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. nFVFLOPMFNT conF 6. Development shall conform to the Professional Commercial (P-C) zoning requirements of the Oak Parks Planned Development (PD 1.1) except as otherwise approved. 7. Signage shall be subject to the requirements of Development Code Chapter 16.60. RESOLUTION NO. 3576 PAGE 6 8. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans except as specifically modified by these conditions. NOISF 9. Construction shall be limited to between the hours of 7 a.m. and 7 p.m. Monday through Friday and between 8 a.m. and 5 p.m. on Saturday or Sunday. WATER 10. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, low flow showerheads, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. SOlin WASTF 11. Per Development Code Section 16.48.130(c), trash enclosures shall be screened from public view with landscaping or other appropriate screening materials, and shall be made of masonry or concrete with an exterior finish that complements the architectural features of the main building. The trash enclosure area shall be large enough to accommodate recycling container(s). 12. Trash enclosures shall be reserved exclusively for dumpster and recycling container storage. Miscellaneous tires, auto parts, boxes, bins, racks, etc., will not be allowed within the enclosure. SPECIAl CONDITIONS 13. The development shall be restricted to senior citizens (ages 55 and older). 14. Twenty-five percent (25%) of the apartment units (or 15 units) shall be reserved for moderate-income seniors through a 30-year deed restriction recorded on each unit, or equivalent restrictive covenant. Annual reports shall be submitted to the City from an independent agency (such as the San Luis Housing Authority) verifying compliance to this restriction. 15. If directed by City Council, the applicant shall enter into a funding agreement with the City that describes the purpose and terms of financial assistance from the City's Affordable Housing In-Lieu Fund. 16. For paving proposed under the dripline of existing oak trees, only porous pavers shall be used to allow air and nutrient exchange to the root system. The pavers shall comply with the most current ADA standards. PRIOR TO ISSUING A BUILDING PERMIT: 17. The Community Development Director shall approve plans for the trash enclosures. RESOLUTION NO. 3576 PAGE 7 18. The development plans shall comply with Development Code, Chapter 16.56, "Parking and Loading Requirements". The parking spaces shall be clearly marked to delineate the tenant parking from the parking for the senior center. 19. The applicant shall paint a test patch on the building including all colors. The remainder of the building may not be painted until inspected by the Community Development Department or Building and Fire Department to verify that colors are consistent with the approved color board. A 48-hour notice is required for this inspection. 20. The applicant shall submit details of all proposed screening and retaining walls for review and approval by the Community Development Director. Any fence, wall, or combination thereof exceeding six (6) feet in height, but less than eight (8) feet, shall require a Minor Exception approved by the Community Development Director. 21. A landscape and irrigation plan shall be prepared by a licensed landscape architect subject to review and approval by the Community Development and Parks and Recreation Departments. The plan shall be consistent with the requirements of Development Code Section 16.56.130, "Landscaping for Off Street Parking Facilities". The landscape plan shall include the following: a. Tree staking, soil preparation and planting detail; b. The use of landscaping to screen ground-mounted utility and mechanical equipment; c. No significant trees to be removed. d. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; 3. An automated irrigation system. 4. Pampas grass shall be permanently removed from the project site. 5. No landscape materials shall be planted under the dripline of any existing oak tree. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 22. Development shall comply with Development Code Sections 16.48.070, "Fences, Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards"; and 16.48.130 "Screening Requirements". 23. The developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo Beach Post Office. RESOLUTION NO. 3576 PAGE 8 ARCHITFCTURAI REVIEW COMMITTEF 24. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. PARKS AND RECRFA T/ON DEPARTMENT 25. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 26. Linear root barriers shall be used at the front of the project to protect the sidewalks. 27. All street front trees shall be 24-inch box. POLICE DFPARTMENT PRIOR TO ISSUING A BUILDING PERMIT: 28. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 29. The applicant shall post designated fire lanes, per Section 22500.1 of the California Vehicle Code. 30. The applicant shall post handicapped parking, per Police Department requirements. BUll DING AND FIRF DEPARTMFNT 31. The project shall comply with the most recent editions of the California State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 32. The project shall have a fire flow of 1,500 gallons per minute for a duration of four hours. 33. The project shall be compliant with current state and federal disabled access laws (ADA). 34. The project shall comply with California State amended building codes. PRIOR TO ISSUING A BUILDING PERMIT: 35. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. RESOLUTION NO. 3576 PAGE 9 36. The applicant shall obtain County Health Department approval for the kitchen in the Senior Recreation Center. 37. The applicant shall pay any review costs generated by outside consultants. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 38. Fire hydrants shall be installed per Fire Department and Public Works Department standards. 39. All tire lanes must be posted and enforced, per Police Department and Fire Department guidelines. Directional signage shall also be posted for emergency access to the buildings. 40. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. 41. The building must be fully sprinklered per Building and Fire Department guidelines. 42. The applicant shall install a Fire Department approved tire alarm system per National Fire Protection Association Standards. 43. Consistent with Mitigation Measure No. 20, the applicant shall provide a Vegetation Management Plan for a portion of the open space property located adjacent to and north of the project site. The Plan shall include an area having a depth of 200' along the northem project boundary. PUBLIC WORKS DEPARTMENT GFNFRAL IMPROVEMFNT RFOLJIRFMFNTS 44. Site Maintenance - 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 or the Community Development Director. 45. Encroachment Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 46. Grading - All grading shall be done in accordance with the City Grading Ordinance. 47. Fees - The applicant shall pay all applicable City fees at the time they are due. (For your information, the "Procedure for Protesting Fees, Dedications, Reservations or Exactions" is provided below). RESOLUTION NO. 3576 PAGE 10 PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (A) Any party may protest the imposition of any fees, dedications, reservations, or other exactions imposed on a development project, for the purpose of defraying all or a portion of the cost of public facilities related to the development project by meeting both of the following requirements: (1 ) Tendering any required payment in full or providing satisfactory evidence of arrangements to pay the fee when due or ensure performance of the conditions necessary to meet the requirements of the imposition. (2) Serving written notice on the City Council, which notice shall contain all of the following information: (a) A statement that the required payment is tendered or will be tendered when due, or that any conditions which have been imposed are provided for or satisfied, under protest. (b) A statement informing the City Council of the factual elements of the dispute and the legal theory forming the basis for the protest. (B) A protest filed pursuant to subdivision (A) shall be filed at the time of the approval or conditional approval of the development or within 90 days after the date of the imposition of the fees, dedications, reservations, or other exactions to be imposed on a development project. (C) Any party who files a protest pursuant to subdivision (A) may file an action to attack, review, set aside, void, or annul the imposition of the fees, dedications reservations, or other exactions imposed on a development project by a local agency within 180 days after the delivery of the notice. (D) Approval or conditional approval of a development occurs, for the purposes of this section, when the tentative map, tentative parcel map, or parcel map is approved or conditionally approved or when the parcel map is recorded if a tentative map or tentative parcel map is not required. (E) The imposition of fees, dedications, reservations, or other exactions occurs, for the purposes of this section, when they are imposed or levied on a specific development. RESOLUTION NO. 3576 PAGE 11 PRIOR TO ISSUING A BUILDING PERMIT: 48. Improvements required - All project improvements shall be designed and constructed in accordance with the City of Arroyo Grande Standard Drawings and Specifications, except as may be modified by these conditions of approval. The following improvement plans shall be prepared by a registered Civil Engineer and approved by the Public Works Department: a. Grading, drainage and erosion control. b. Curb, gutter and sidewalk. c. Public utilities. d. Water and sewer. e. Traffic signal and street improvement for the intersection at Camino Mercado and West Branch Street. f. Signing and striping plan for the intersection at Camino Mercado and West Branch Street. 49. Site Plan Requirements - The site plan shall include the following: a. The location and size of all water, sewer and storm water facilities within the project site and abutting streets or alleys. b. Location, quantity and size of all sewer laterals. c. The location, size and orientation of all trash enclosures. d. All parcel lines and easements related to the property. e. The location and dimension of all paved areas. f. The location of all public or private utilities. g. The location of all existing improvements such as retaining walls. 50. Traffic signal design - Prior to issuing a building permit, all plans related to the traffic signal at Camino Mercado and West Branch Street shall be completed, and approval by the City and Caltrans shall be obtained. 51. Fee reimbursement - The developer shall implement the design and installation of the Camino MercadolWest Branch Street signalization improvements as described in these conditions. The City will reimburse the developer for the design and construction costs for the signalization improvements to the extent that such costs exceed the developer's responsibility to pay for traffic signalization fees. The improvements that are included in the reimbursement are the signal installation, related signage and striping, and island modification. 52. Reimbursement Agreement - Prior to signal plan approval, the developer shall enter into a reimbursement agreement with the City. The reimbursement agreement shall include the amount and timing of reimbursement. 53. Water Storage - Consistent with Mitigation Measure No.3, the applicant shall pay a water storage fee for fair share of costs of projects identified in the water master plan. Based on previous calculations, the fair share would be $2,625 per Equivalent Residential Unit w~ter usage. RESOLUTION NO. 3576 PAGE 12 54. Drainage design - All drainage facilities shall be designed to accommodate a 100-year storm flow. 55. Parking lot design - The cross slope on parking lot driving lanes shall not exceed 5 percent. 56. Entrance design - The driveway entrance shall be designed with curb returns having a minimum radius of 15 feet. 57. Improvement agreement - Prior to approval of any improvement plans, the applicant shall enter into an agreement with the City for inspection of the required improvements. 58. Soils report - A preliminary soils report 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. 59. Adjacent structures - The grading plan design shall include measures to protect the adjacent structures from damage due to the construction. 60. Landscape approvals - Landscape and irrigation plans are required within the public right of way, and shall be approved by the Community Development, Parks and Recreation, and Public Works Departments. 61. Utility company review - All public improvement plans shall be submitted to the public utility companies for review and comment. Utility comments shall be forwarded to the Director of Public Works for approval. 62. Plan submittals - Upon approval of the improvement plans, the applicant shall provide a reproducible mylar set and 3 sets of prints of the improvements for inspection purposes. Prior to acceptance of the improvements, the applicant shall provide reproducible mylars, and 2 sets of prints of the approved record drawings (as builts). 63. Recorded documents - All easements, abandonments, or similar documents to be recorded as a document separate from a map, shall be prepared by the applicant on 8y." 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 fees. PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY: 64. Water Neutralization Program - Consistent with Mitigation Measure No.2, The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: RESOLUTION NO. 3576 PAGE 13 Implementing an individual water program consisting of retrofitting existing high-flow plumbing fixtures with low flow devices. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City Council for approval prior to implementation; or, Paying an in lieu fee of $2,200 per Equivalent Residential Unit water usage. 65. Street widening - Camino Mercado shall be widened along the property frontage. The widening shall provide a width 22 feet from centerline to the curb (matching the existing curb to the east). The pavement structural section shall be based on a Traffic Index (TI) of 6.0. 66. Intersection signalization - A traffic signal at Camino Mercado and West Branch Street shall be installed and operational. 67. Curb and sidewalk - A concrete curb, gutter and 6-foot wide concrete sidewalk shall be constructed along the property frontage. 68. Parking lot striping - The parking lot spaces shall utilize double line striping. 69. Road Repairs - Camino Mercado shall be reconstructed across the property frontage and to the center of the street to a structural section capable of supporting a TI=6.0. 70. Site Drainage - Roof drainage and parking lot drainage shall be collected in a storm drain system. The public storm drain in Camino Mercado approximately 100 feet west of the project boundary shall be extended to connect to the project drainage system. 71. Stonn Drains - The onsite storm drain system shall be private. The storm drain in Camino Mercado shall be public. All on-site private drainage structures shall be equipped with a fossil filter and debris catcher. The applicant shall implement a regular maintenance and cleaning program for the on-site drainage facilities. Both the filters and the maintenance program shall be subject to the approval of the Director of Public Works. 72. Site Grading - All existing cut slopes, which have been previously graded and left in an unsafe condition, shall be graded to a safe condition with a maximum slope of 2:1. 73. Relocate Water Facilities - The existing water air release valve and the existing fire hydrant shall be relocated as necessary to accommodate the new improvements, as required by the Director of Public Works. 74. Onsite private fire lines - Private onsite fire sprinkler lines shall be connected to the public water system with a backflow prevention assembly. The backflow RESOLUTION NO. 3576 PAGE 14 assembly shall be painted green. Fire department connections shall be located per the Fire Department requirements. 75. Onsite public fire lines - A 15-foot wide easement shall be provided for public water1ines serving onsite fire, as required by the Director of Public Works. 76. Water-sewer crossings - All sewer mains or laterals crossing or parallel to public water facilities shall be constructed in accordance with California State Health Agency standards. 77. Water meters - Water meters shall be located in the public sidewalk or as approved by the Director of Public Works. Separate meters may be used for irrigation. 78. Sewer Connection - The onsite sewer system shall be private and shall connect to the public sewer system in a single location. Sewer laterals larger than 4 inches shall connect to the public system at a manhole. 79. Existing Services - Existing water and sewer services not used by the project shall be abandoned per the requirements of the Director of Public Works. 80. City benchmark - The applicant shall install new City Benchmark in the vicinity of Camino Mercado. 81. Underground new utilities - All new public utilities shall be installed as underground facilities except as noted. 82. Utilities operational - Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. 83. Senior Center Agreement. Prior to issuance of the Certificate of Occupancy, the applicant shall enter into an agreement with a private, non-profit entity or public entity for the operation of the Senior Center within the project for the maximum benefit of the Arroyo Grande and South County senior citizen community. The Agreement shall have a minimum term of 10 years and shall be subject to the approval of the City Manager and City Attomey. RESOLUTION NO. 3576 PAGE 15 MIT/GA T/ON MFA SURFS A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification In writing that the mitigation measures have been implemented. 1. The applicant shall implement the recommendations included in the Preliminary Soils Engineering Report prepared by GeoSolutions, Inc. dated October 4, 2001 (Project No. SL002497-1), included in the Initial Study as Att~r.hmAnt A. Monitoring: Review of grading, drainage, and foundation plans Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 2. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implementing an individual water program that utilizes fixtures and designs that minimize water usage. The calculations shall be submitted to the Director of Public Works for review and approval. The proposed individual water program shall be submitted to the City for approval prior to implementation; or, paying the in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Dept: Public Works Department Tlmeframe: Prior to issuance of building permit 3. The applicant shall pay a fee of $2,625 per Equivalent Residential Unit water usage for adequate water storage for the project. Monitoring: Pay required fee Responsible Dept: Public Works Department Timeframe: Prior to issuance of building permit 4. All new construction shall utilize fixtures and designs that minimize water usage. Such fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot water recirculating systems. Water conserving designs and fixtures shall be installed prior to final occupancy. Monitoring: Review of building plans Responsible Dept: Building and Fire Department Tlmeframe: Prior to issuance of building permit RESOLUTION NO. 3576 PAGE 16 5. All landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Dept: Parks and Recreation Department Tlmeframe: Prior to issuance of building permit 6. The applicant shall provide detailed drainage calculations indicating that increased run-off can be accommodated by existing facilities and/or provide on- site retention basins to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Dept: Public Works Department Timeframe: Prior to issuance of a grading permit 7. During construction, water trucks or sprinkler systems shall be used to keep all areas of vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this would include wetting down such areas in the later morning and after work is completed for the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water should be used whenever possible. 8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 9. Permanent dust control measures identified in the revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. 10. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with fast-germinating native grass seed and watered until vegetation is established. 11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. 12. 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. 13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 14. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. RESOLUTION NO. 3576 PAGE 17 For Mitigation Measures No.7 -14: Monitoring: Review of grading and building plans and site inspections Responsible Dept: Public Works and Building & Fire Departments shall inspect plans and spot check in the field Tlmeframe: Prior to issuance of a grading permit and during construction 15. The applicant shall install a traffic signal at the intersection of Camino Mercado and West Branch Street. The applicant and the City shall enter into a reimbursement agreement providing that the City shall reimburse the applicant the difference in costs between the signal installation and the project's Signalization Impact fee. The applicant may be reimbursed for those costs to the extent that signalization impact fees are available and programmed for this project. Monitoring: The applicant shall install the traffic signal Responsible Dept: Public Works Department Timeframe: Prior to issuance of Certificate of Occupancy 16. The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Dept: Building & Fire Department Timeframe: Prior to issuance of building permit 17. Site development plans shall specify that grading and other types of disturbance be precluded from a 25-foot buffer zone around the Pismo Clarida populations to minimize impacts. A fence and appropriate signage shall be placed around the buffer zone to preclude impacts to Pismo Clarkia during construction. Monitoring: The applicant shall submit plans showing these protection measures. Responsible Dept: Community Development Department Timeframe: Prior to issuance of grading permit 18. The site development plans identifying protection areas around the Pismo Clarkia shall be submitted to the California Department of Fish and Game (CDFG) at least 10 days prior to the start of site work. Monitoring: The applicant shall submit the plans to CDFG Responsible Dept: Community Development Department Timeframe: Prior to issuance of grading permit RESOLUTION NO. 3576 PAGE 18 19. Protective fencing shall be installed around each tree at the dripline. The fencing shall be installed prior to any site clearing, grading, or demolition activities, and shall remain in place until construction is complete, including landscaping. Weatherproof signs shall be permanently posted on the fences, stating the following: Tree Protection Zone Nn pArcnnnAlr AqJdpmAntr matArial., nrvAhi~IA. arA allnWAd Do Not move or remove this fence [Name of arborist or consultant] [Name and phone number of developer or general contractor] Monitoring: Field inspection Responsible Depts: Parks & Recreation and Community Development Departments Timeframe: Prior to issuance of grading permit 20. The applicant shall submit a Vegetation Management Plan for a portion of the open space property located adjacent to and north of the project site. The plan shall include an area having a depth of 200' along the northem project boundary. Monitoring: The applicant shall submit the plan Responsible Dept: Building & Fire Department Timeframe: Prior to issuance of building permit 21. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 22. All construction activities shall comply with the time limits specified by the Arroyo Grande Municipal Code. 23. To the greatest extent possible, grading and/or excavation operations at portions of the site bordering developed areas should occur during the middle of the day to minimize the potential for disturbance of neighboring noise sensitive uses. For Mitigation Measures No. 21 - 23: Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Dept: Public Works Department Timeframe: During construction RESOLUTION NO. 3576 PAGE 19 24. The following note shall be placed on the grading and improvement plans for the project: "In the event that during grading, construction or development of the project, archeological resources are uncovered, all work shall be halted until the significance of the resources are determined. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or additional mitigation measures as required by the California Environmental Quality Act if archaeological resources are found on the site." Monitoring: Review of grading plans and site visits by the Public Works Inspector Responsible Dept: Public Works and Building & Fire Departments Timeframe: Prior to issuance of a grading permit and during site grading 25. The applicant shall pay all applicable park development fees to the City. Monitoring: The applicant shall pay the park development fees Responsible Dept: Parks & Recreation Department Tlmeframe: Prior to issuance of building permit - RESOLUTION NO. 3576 - OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3576 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 22nd day of January, 2002. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of January, 2002. I