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R 3667 RESOLUTION NO. 3667 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPHOLDING AN APPEAL OF PLANNED UNIT DEVELOPMENT 02-001 (EAST VILLAGE PLAZA) AND ADOPTING A NEGATIVE DECLARATION WITH MITIGATION MEASURES, INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF DETERMINATION, AND APPROVING PLANNED UNIT DEVELOPMENT NO. 02-001, AS AMENDED, AND WITH ASSOCIATED ARCHITECTURAL REVIEW, LOCATED AT 520, 522 and 528 EAST BRANCH STREET, APPLIED FOR BY DB&M PROPERTIES WHEREAS, on February 5, 2003 the Planning Commission of the City of Arroyo Grande held a duly noticed public hearing to consider Planned Unit Development No. 02-001 (the project), filed by DB&M Properties, to construct a mixed-use project in the VC District; and WHEREAS, after considering the information and public testimony presented at the public hearing, the staff report and other information and documents that were part of the public record, the Planning Commission approved the project; and WHEREAS, on February 11, 2003 a majority of the City Council of the City of Arroyo Grande appealed the Planning Commission's approval of the project; and WHEREAS, on March 25, 2003 the City Council held a duly noticed public hearing on the project appeal in accordance with the Municipal Code; and WHEREAS, the City Council has reviewed and considered the information and public testimony presented at the public hearing, the staff report and other information and documents that are part of the pUblic record; and WHEREAS, the City Council directed that the following modifications be included in the project: 1. The altemate architectural design for Buildings 1 and 2 presented at the March 25, 2003 meeting shall replace the previous design in the conceptual plans. 2. Mixed-uses with a residential component shall be strongly encouraged. 3. The elevator tower shall comply with the height requirements of the Development Code, and shall not exceed four feet (4') above the roofline. 4. Any proposed shared parking is restricted to the project site. 5. A plaza area shall be included on lot 1. 6. Pedestrian access shall be enhanced on lots 1 and 2. 7. Direct staff to work with the applicant to name the internal access street. RESOLUTION NO. 3667 PAGE 2 WHEREAS, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: Planned Unit Development Permit Findings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 3. The site for the proposed development has adequate access, meaning that the site design and development plan conditions consider the limitations of existing streets and highways. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the proposed development will not result in a reduction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property, or the permitted use thereof, and will be compatible with the existing multiple-family and single-family residential uses in the surrounding area. 6. The improvements required, and the manner of development, adequately address all natural and man-made hazards associated with the proposed development of the project site, including, but not limited to, flood, seismic, fire and slope hazards. 7. The proposed development carries out the intent of the Planned Unit Development Provisions by providing a more efficient use of the land and an excellence of design greater than that which could be achieved through the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 16.32.050. Architectural Review Findings: 1. The proposal is consistent with the general Architectural 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. .- RESOLUTION NO. 3667 PAGE 3 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons working in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. 5. The proposal is not detrimental to the orderly and harmonious development of the City. 6. The proposal will not impair the desirability of investment or occupation in the neighborhood. Required CEQA Findings: 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 Planned Unit Development No. 02-001. 2. Based on the initial study, a Mitigated Negative Declaration was prepared for public review. A copy of the Mitigated Negative Declaration and related materials is located at City Hall in the Community Development Department. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the City Council adopts a negative declaration and finds that there is no substantial evidence of any significant adverse effect, either individually or cumulatively on wildlife resources as defined by Section 711.2 of the Fish and Game Code or on the habitat upon which the wildlife depends as a result of development of this project. Further, the City 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 negative declaration with mitigation measures, instructs the Director of Administrative Services/Deputy City Clerk to file a Notice of Determination, and approves Planned Unit Development No. 02-001 with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by reference. On motion by Council Member Dickens, seconded by Council Member Costello, and by the fOllowing roll call vote, to wit: AYES: Council Members Dickens, Costello, Runels, Lubin, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was adopted this 8'" day of April, 2003. RESOLUTION NO. 3667 PAGE 4 TON~ ATTEST: ORE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK APPROVED AS TO CONTENT: S~~~TYMANAGER APPROVED AS TO FORM: --.---.---- RESOLUTION NO. 3667 PAGE 5 EXHIBIT "A" CONDITIONS OF APPROVAL PLANNED UNIT DEVELOPMENT NO. 02-001 DB&M Properties 520, 522 and 528 East Branch Street COMMUNITY nFVFI OPMENT DEPARTMFNT GFNFRAI CONDITIONS This approval authorizes the site and building design for a mixed-use project located on ten (10) existing lots as described in the project plans contained in Exhibits 81-812, attached to this Resolution and incorporated herein by reference. 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 Planned Unit Development Permit 02-001. 3. This application shall automatically expire on April 8, 2005 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 April 8, 2003 and marked Exhibits "81- 812" except as modified by these conditions of approval. 5. The applicant shall, as a condition of approval of this tentative or tinal map application, defend, indemnify and hold harmless the City of Arroyo Grande, its present or former agents, officers and employees from any claim, action, or proceeding against tbe City, its past or present agents, officers, or employees to attack, set aside, void, or annul City's approval of this subdivision, which action is brought within the time period provided for by law. This condition is subject to the provisions of Govemment Code Section 66474.9, which are incorporated by reference herein as though set forth in full. SPFCIAI CONDITIONS 6. The alternate architectural design for 8uildings 1 and 2 presented at the March 25, 2003 meeting shall replace the previous design in the conceptual plans. 7. Mixed-uses with a residential component shall be strongly encouraged. 8. The elevator tower shall comply with the height requirements of the Development Code, and shall not exceed four feet (4') above the roofline. ,~---...- RESOLUTION NO. 3667 PAGE 6 9. Any proposed shared parking is restricted to the project site. 10. A plaza area shall be included on lot 1. 11. Pedestrian access shall be enhanced on lots 1 and 2. 12. Direct staff to work with the applicant to name the internal access street. NOISF 13. Construction shall be limited to between the hours of 8am and 7pm Monday through Saturday. No construction shall occur on Sunday. DFVFI OPMFNT CODF 14. Development shall conform to the VC zoning requirements except as otherwise approved. 15. If the final grading plan requires retaining wallslfences greater than six feet in height, the Community Development Director may approve wallslfences up to eight feet in height along the rear property lines to allow for additional privacy. The applicant shall obtain an approved Minor Exception or Variance for any wall- fence combinations over 6 feet in height. 16. Signage shall be subject to the requirements of Development Code Chapter 16.60, and as approved per Planned Sign Program Case No. 02-004. 17. All parking spaces adjacent to a wall, fence, property line, or other vertical obstruction shall have a minimum width of 11 feet. liGHTING 18. All lighting for the site shall be downward directed and shall not create spill or glare to adjacent properties. 19. The two (2) light standards along East Branch Street shall match the light standards approved for the Village Area. WATFR 20. 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. -----.-- RESOLUTION NO. 3667 PAGE 7 SOllnWASTF 21. Solid waste pick-up location as identified is acceptable. 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 accommodate recycling container(s). 22. 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. PRIOR TO ISSUING A BUILDING PERMIT: 23. The Community Development Director shall approve plans for trash enclosures. 24. A landscaping and irrigation plan shall be prepared by a licensed landscape architect for each lot subject to review and approval by the Community Development Department and the Parks & Recreation Department. The landscaping 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. The required landscaping and improvements. This includes: 1. Deep root planters shall be included in areas where trees are within five feet (5') of asphalt or concrete surfaces and curbs; 2. Water conservation practices including the use of low flow heads, drip irrigation, mulch, gravel, drought tolerant plants and mulches shall be incorporated into the landscaping plan; and 3. An automated irrigation system. 4. The selection of groundcover plant species shall include native plants. 5. Tree selection shall include native riparian species. 6. Linear planters shall be provided in the parking area. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 25. 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". 26. The developer shall paint a test patch, including all colors, on each building seeking a certificate of occupancy. 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 one of the approved color boards. A 48-hour notice is required for this inspection. RESOLUTION NO. 3667 PAGE 8 27. All electrical panel boxes shall be located within a building. ARCHITECTURAl REVIEW COMMITTFF 28. All ducts, meters, air conditioning equipment, and other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view behind the parapets, or with materials architecturally compatible with the main structure. 29. The doors of the commercial structures shall be made of wood, or materials that approximate wood. Preferably, the use of glass should be incorporated. 30. The windows shall be made of wood, or materials that approximate wood. 31. All trash enclosures shall match the main structures on the lot. 32. The buildings shall vary in color and be consistent with the approved color boards. 33. The roof materials for all buildings shall be made of asphalt shingles with heavy tabs, similar to that proposed for buildings 1 and 2. 34. Decorative treatments, such as stamped concrete, shall be used at both access points. 35. Pedestrian access shall be augmented for any proposed retail use proposed for buildings 1 or 2. PARKS ANn RFCRFATION nEPARTMENT CONnlTIONS 36. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community Tree Ordinance. 37. Linear root barriers shall be used at the front of the project to protect the sidewalks. 38. All street front trees shall be 24-inch box. POI ICE nEPARTMFNT PRIOR TO ISSUING A BUILDING PERMIT: 39. The applicant shall submit an exterior lighting plan for Police Department approval. PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY: 40. The applicant shall install a burglar alarm system for all commercial buildings per Police Department guidelines, and pay the Police Department alarm permit application fee. "- RESOLUTION NO. 3667 PAGE 9 41. The applicant shall post designated fire lanes, per Section 22500.1 of the Califomia Vehicle Code. 42. The applicant shall post handicapped parking, per Police Department requirements. RIIILDING AND FIRE DEPARTMENT 43. The project shall comply with the most recent editions of the Califomia State Fire and Building Codes and the Uniform Building and Fire Codes as adopted by the City of Arroyo Grande. 44. AU fire lanes must be posted and enforced, per Police Department and Fire Department guidelines. 45. The project shall have a fire flow of 1 ,500 gallons per minute for a duration of two hours. 46. Prior to bringing combustibles on site, fire hydrants shall be installed, per Fire Department and Public Works Department standards. PRIOR TO ISSUING A BUILDING PERMIT: 47. The applicant shall obtain acceptance of aU previously instaUed public improvements by the City. 48. The applicant shall show proof of properly abandoning all non-conforming items such as septic tanks, wells, underground piping and other undesirable conditions. 49. The applicant shall obtain County Health Department approval for any proposed food service. 50. The applicant shall provide Fire Department approved access and required fire flows, or sprinkler-system per National Fire Protection Association Standards. PRIOR TO OCCUPANCY: 51. The applicant must provide an approved "security key vault" per Building and Fire Department guidelines. PUBLIC WORKS nFPARTMENT GFNFRAI IMPROVFMFNT REOIIIRFMFNTR 52. RitA MaintAnanr.A - The developer shall be responsible during construction for cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project RESOLUTION NO. 3667 PAGE 10 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. 53. Fnr.rml(~hmAnt Permit - The applicant shall be responsible for obtaining an encroachment permit for all work within a public right of way. 54. Grading Plan - All grading shall be done in accordance with the City Municipal Code Section 13.24. 55. Parking lot striping - The parking lot spaces shall be delineated with double striping. 56. Street repairs - The applicant shall replace any cracked or broken curb, gutter, sidewalk, or driveway approach on the property, and shall replace any abandoned driveway approaches on the property with new curb, gutter and sidewalk. 57. Sewer aC'.r.ess - The applicant shall provide paved access to the newly installed sewer manhole, which ties the new sewer line into the existing sewer line. 58. Drainage fadlities - 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. 59. 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). PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR EXACTIONS: (AI 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: RESOLUTION NO. 3667 PAGE 11 (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. (DI 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. (EI 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. IJTIIITIFR 60. All existing public utilities, located on the property or are within the right-of-way adjacent to the property shall be placed underground. 61. All new public utilities shall be installed as underground facilities. 62. All 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. 63. Prior to approving any building permit within the project for occupancy, all public utilities shall be operational. PRIOR TO ACCEPTANCE OF PREVIOUSLY INSTALLED PUBLIC IMPROVEMENTS: 64. The applicant shall complete all improvements shown on the approved plans prepared by Vaughn Surveys and approved December 21, 2001. Any changes to these plans shall be approved by the Director of Public Works. RESOLUTION NO. 3667 PAGE 12 65. The applicant shall enter into an improvement agreement for the warranty of the previously installed improvements. As part of this agreement, the applicant shall place a warranty security with the City. The value of the bond shall be 10% of the improvements and shall be in place for a period of one (1) year. The improvement agreement shall be in a form acceptable to the City. 66. The applicant shall provide reproducible mytars and electronic (e.g. Autocad) files of the record drawings (as builts) stamped and signed by the engineer of work. PRIOR TO A CERTIFICATE OF OCCUPANCY: 67. All project improvements shall be constructed prior to occupancy, except for non- essential improvements, which may be guaranteed by an agreement and financial securities as provided for in Section 16.68.070 of the Development Code. 68. All public utilities shall be operational. 69. All improvements required by these conditions shall be either: a. Fully constructed and accepted by the City; or b. Guaranteed by an improvement agreement and financial securities. The agreement and securities shall be in a form acceptable to the City. MITIGATION MEASURES A negative declaration with mitigation measures has been adopted for this project. The following mitigation measures shall be implemented as conditions of approval and shall be monitored by the appropriate City department or responsible agency. The applicant shall be responsible for verification In writing by the monitoring department or agency that the mitigation measures have been Implemented. Mitigation Measures: MITIGA nON MFASI JRFS 1. The project shall comply with the most recent Uniform Building Code (UBC) guidelines. 2. Utilities should be designed with as much flexibility as practical to tolerate potential differential movement without becoming disconnected or broken. 3. Land with slopes greater than 25% shall not be developed. Fnr MAaR....,.. 1__1: Monitoring: Review of building plans/site inspection Responsible Department: Building Department Tlmeframe: Prior to issuance of a Certificate of Occupancy __ _'..,u___~______ RESOLUTION NO. 3667 PAGE 13 4. The applicant shall prepare and submit a grading and erosion control plan that complies with the requirements of the City's Grading Ordinance, and includes the following measures: a. Silt basins and fences or straw bales shall be installed and maintained along drainage paths during construction to contain on-site soils until bare slopes are vegetated. Graded soils shall be carefully stockpiled away from drainages. b. Construction operations, especially grading operations, shall be confined as much as possible to the dry season, in order to avoid erosion of disturbed soils. c. 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. The applicant shall describe the vegetative practices to be used, including the types of seeds and fertilizer and their application rates, and the schedule for maintenance and upkeep. d. Filters shall be installed at all drain inlets to help prevent contamination to Arroyo Grande Creek. Monitoring: Review of final grading plans/site inspection Responsible Department: Public Works Department Tlmeframe: Prior to issuance of a Grading Permit 5. The applicant shall complete measures to neutralize the estimated increase in water demand created by the project by either: Implement 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, Pay an in lieu fee. Monitoring: Review of individual water program or payment of the in lieu fee Responsible Department: Public Works Department Tlmeframe: Prior to issuance of building permit 6. 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. .- RESOLUTION NO. 3667 PAGE 14 Monitoring: Review of building plans Responsible Department: Building and Fire Department Timeframe: Prior to issuance of building permit 7. AU landscaping shall be consistent with water conservation practices including the use of drought tolerant landscaping, drip irrigation, and mulch. Lawn areas and areas requiring spray irrigation shall be minimized. Monitoring: Review of landscaping and irrigation plans Responsible Department: Parks and Recreation Department Timeframe: Prior to issuance of building permit 8. The applicant shall submit detailed drainage calculations indicating that increased runoff can be accommodated by existing facilities to the satisfaction of the Director of Public Works. Monitoring: Review of grading plans Responsible Department: Public Works Department Timeframe: Prior to issuance of a grading permit 9. 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 moming and after work is completed for the day and whenever wind exceeds 15 miles per hour. 10. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil binders to prevent dust generation. 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. Install wheel washers where vehicles enter and exit unpaved roads on to streets, or wash off trucks and equipment leaving the site. 13. Sweep streets at the end of each day if visible soil material is carried on to adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. Fnr MASlIUI..,'" Q.13: Monitoring: Review of grading and building plans and site inspections - RESOLUTION NO. 3667 PAGE 15 Responsible Department: The Public Works and Building and Fire Departments shall inspect plans, and the Community Development Department shall spot check in the field Timeframe: Prior to issuance of grading permit 14. The section of Route 227 immediately adjacent to and along the length of the project shall be re-striped to delineate and create a 12 to 14 foot wide, Two-Way- Left-Turn-Lane to accommodate left-turn movements into and out of the project site. 15. The utility pole that currently exists near the northbound shoulder of Route 227 shall be removed. 16. The eastbound lane's curb shall be painted red to disallow on-street parking (equivalent to roughly 5 parking spaces) along the east half of the project. In lieu of disallowing on-street parking, the applicant has the option of removing the asphalt-concrete on the westbound lane, and grading that lane to an acceptable, continuous gradient the length of the project adjacent to Route 227 and then resurfacing and re-striping to accommodate the Two-Way-Left-Tum-Lane. If on- street parking is eliminated, the applicant shall provide for temporary use of one or more lots improved for interim off-street parking. 17. The applicant shall attach a rider to the existing Encroachment Permit for the above-referenced improvements on Route 227. Contact Mr. Steve Senet, Senior Permit Engineer at 549-3206 for more information regarding the Rider to the Encroachment Permit. I=nr MAa~lIl"A. 14.17: Monitoring: The applicant shall submit a letter of acknowledgement from the Caltrans Department Permits Office to the City acknowledging that the above improvements have been completed. Responsible Department: Public Works Department Timeframe: Prior to issuance of a Certificate of Occupancy 18. The applicant shall pay the City's Traffic Signalization and Transportation Facilities Impact fees prior to issuance of building permit. Monitoring: The applicant shall pay the fees Responsible Department: Public Works Department Tlmeframe: Prior to issuance of a building permit 19. To compensate for the loss of on-street parking along Route 227 (East Branch Street), the developer shall either: 1) Improve Route 227 to accommodate on- - RESOLUTION NO. 3667 PAGE 16 street parking along the length of the project per Caltrans standards; 2) reserve lots 8 and 9 for parking until such time as Route 227 is improved to accommodate on-street parking; or 3) establish pennanent shared parking for on-site businesses on the project site. Monitoring: The developer shall make the improvements to Route 227. In the interim,lots 8 and 9 shall be improved to allow parking, or pennanent shared parking on-site shall be established. Responsible Department: Public Works Department Tlmeframe: Prior to issuance of a building pennit 20. Private and construction vehicle traffic shall be limited to those areas away from the southern edge of the subject property to reduce the likelihood of bank failure and sUbsequent sedimentation to Arroyo Grande Creek. 21. No fueling or maintenance of equipment shall take place at the site. Mechanical equipment shall be serviced in designated staging areas located outside the 25- foot setback area. 22. Siltation/sedimentation control measures shall be implemented along the entire southern property boundary prior to site construction. Such control measures shall include sediment fences and/or hay bales placed into the hinge of the bank of Arroyo Grande Creek. Erosion/sediment control barricades shall be placed around the perimeter of each construction zone with the potential to drain to the Creek. 23. To reduce surface water runoff and sedimentation into Arroyo Grande Creek, site earthwork shall be limited to those months within the established dry season (April 15 through October 15) unless otherwise approved by the Director of Public Works. 24. Soil shall not be stockpiled in areas located near the eastern property margin adjacent to Arroyo Grande Creek, or in areas that have potential to drain to the Creek. Stockpiled soil should be properly covered at all times to avoid wind and water erosion, and consequent siltation to the Creek. 25. No work shall be perfonned beyond the top of bank without a pennit from the California Department of Fish and Game (CDFG). If any work is proposed in this area, a Riparian Restoration Plan shall be prepared by a qualified restoration/revegetation biologist. The plan shall be submitted to the City and CDFG for review and approval prior to issuance of a grading or building pennit for the project. Landscape plans for the creek setback area shall be reviewed by the Architectural Review Committee (ARC) prior to building pennit. 26. The applicant shall submit a Notice of Intent (NOI) to the Regional Water Quality Control Board (RWQCB) to obtain a State Water Resources Control Board General Construction Stonn Water Pennit. This shall include fonnulation of a RESOLUTION NO. 3667 PAGE 17 Storm Water Pollution Prevention Plan (SWPP) and implementation of Best Management Practices to reduce water quality impacts. The applicant shall retain a copy of the SWPP on site for implementation and periodic inspection purposes. Fnr MA::IR:llrAJt 20.28: Monitoring: Site inspections Responsible Department: Public Works Department Tlmeframe: During construction 27. All construction equipment shall be provided with well-maintained, functional mufflers to limit noise. 28. All construction activities shall be limited to the hours of 8:00 AM to 7:00 PM Monday through Saturday. No construction shall occur on Sunday. Monitoring: Notes shall be placed on the construction plans referencing the above measures. Responsible Department: Public Works Department Timeframe: During construction 29. 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, and archeological resources are uncovered, all work shall be halted until the City has reviewed the resources for their significance. If human remains (burials) are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide archaeological studies and/or mitigation measures. " Monitoring: Construction plans shall be reviewed prior to issuance of a grading permit to ensure the note is in place. Responsible Department: Public Works Department Tlmeframe: Prior to issuance of grading permit RESOLUTION NO. 3667 . 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. 3667 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 8th day of April, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of April, 2003. G UJkVw-WLZ- RE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK -------.--