R 3867
RESOLUTION NO. 3867
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION
APPROVING TENTATIVE PARCEL MAP 05-003 AND CONDITIONAL
USE PERMIT (SPECIFIC DEVELOPMENT PLAN) CASE NO. 04-009,
ALLOWING THE CONSTRUCTION OF A HOTEL AND RESTAURANT;
LOCATED AT 1400 WEST BRANCH STREET, AS APPLIED FOR BY
. STEPHEN COOL AND GARY WHITE
WHEREAS, the City Council of the City of Arroyo Grande has considered Tentative
Parcel Map Case No. 05-003 and Conditional Use Permit (Specific Development Plan)
Case No. 04-009 filed by Stephen Cool and Gary White, to create two parcels and
construct a 103 room hotel consisting of 61,366 square feet and a 6,000 square foot
restaurant on a 2.68 acre site; and
WHEREAS, the Planning Commission of the City of Arroyo Grande reviewed the
proposed Tentative Parcel Map and Specific Development Plan / Conditional Use Permit,
at a duly noticed public hearing on May 17, 2005, in accordance with the Development
Code of the City of Arroyo Grande at which time all.interested persons were given the.
opportunity to be heard; and
WHEREAS, the Planning Commission .reviewed and considered the information and
public testimony presented at the public hearing, staff report, and all other information
and documents that are part of the public record and adopted a Resolution
recommending the City Council approve Tentative Parcel Map 05-003 and Conditional
Use Permit 04-009 ; and
WHEREAS, the City Council reviewed and considered the information and public
testimony presented at the public hearing, staff report, and all other information and
documents that ~re part of the public record; and
WHEREAS, the City Councii 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 based on the initial study and
findings 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
Tentative Parcel Map:
1. The proposed tentative parcel map is consistent with goals, objectives, policies,
plans, programs, intent and requirements of the Arroyo Grande General Plan, as
well as any applicable Specific Plan, and the requirements of Title 16.
2. The site is physically suitable for the type of development proposed due to the
. property being 2.68 acres in size and consists of moderately sloping topography.
RESOLUTION NO. 3867
PAGE 2
3. The site is physically suitable for the proposed density of development due to the
. size of the property and the character of surrounding development and existing
and planned infrastructure.
4. The design of the tentative parcel map or the proposed improvements are not
likely to cause substantial environrnental damage or substantially and avoidably
injure fish or wildlife or their habitat as docurnented in the Initial Study and
Mitigated Negative Declaration.
5. The design of the hotel and restaurant is not likely to cause serious public health
problems due to the project's cornpliance with all applicable design standards of
the Municipal Code.
6. The design of the tentative parcel map will not conflict with easements acquired by
the public at large for access through, or use of, property within the proposed
tentative parcel map or that alternate easements for access or for use will be
provided, and that these alternative easements will be substantially equivalent to
ones previously acquired by the public.
7. The discharge of waste frorn the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements as prescribed by
. Division 7 (commencing with Section 13000) of the California Water Code.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative parcel map to support project developrnent and have been
documented in the Initial Study, Mitigated Negative Declaration and associated
engineering and traffic study.
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the Planned Development PD-1.1 districts
pursuant to the provisions of Section 16.16.050 of the Municipal Code, and will,
through conditions of approval, comply with all applicable provisions of the
Municipal 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 hotel and restaurant is
similar to and compatible with 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 as documented in the Initial Study,
Mitigated Negative Declaration and associated engineering and traffic study.
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
RESOLUTION NO. 3867
PAGE 3
proposed project would not create adverse environmental impacts as determined.
through the development and implementation of the Mitigated Negative
Declaration.
Required CEQAFindin9s:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environrnental Quality Act (CEQA), for Specific
Development Plan / Conditional Use Permit (Specific Development Plan) No. 04-
009.
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 Departrnent.
3. After holding a public hearing pursuant to State and City Codes, and considering
. the record as a whole, the Planning Commission recommends and the City
Council adopts a Mitigated Negative Declaration and finds that there is no
substantial evidence of any significant adverse effect, either individually or
cumulatively on wildlife resources as defined by Section 711.2 of the Fish and
Game Code or on the habitat upon which the wildlife depends as a result of
development of this project. . Further, the 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 Mitigated Negative Declaration and approves Tentative
Parcel Map 05-003, to create two parcels; and approves Conditional Use Permit
(Specific Development Plan) Case No. 04-009, allowing the construction of a hotel
and restaurant; located at 1400 West Branch Street, applied for by Stephen Cool
and Gary White with the above findings and subject to the conditions as set forth in.
Exhibit nAn, 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. 568 (Development Code Amendment 05-008).
On motion by Council Member Arnold, seconded by Council Member Costello, and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Costello, Guthrie, and Mayor Ferrara
Council Member Dickens
None
the foregoing Resolution was adopted this 26th day of July 2005.
. RESOLUTION NO. 3867
PAGE 4
TONy',",~d" -----
ATTEST:
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APPROVED AS TO CONTENT:
ST~~~NA~ER
APPROVED AS TO FORM:
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RESOLUTION NO. 3867
PAGE 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
DEVELOPMENT CODE AMENDMENT 05-008; TENTATIVE PARCEL MAP 05-003
AND SPECIFIC DEVELOPMENT PLAN / CONDITIONAL USE PERMIT NO. 04"009
1400 WEST BRANCH STREET
STEPHEN COOL AND GARY WHITE
COMMIINITY DEVELOPMENT nFPARTMENT
GFNFRAI CONOITIONS
This approval authorizes the construction of a 103-room hotel consisting of 60,323 square
feet and a 6,000 square foot restaurant of which 3,000 square feet is accessible by the
public.
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 Specific Development
Plan / Conditional Use Permit No. 04-009.
3. This application shall automatically expire on July 26, 2007 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 July 26, 2005.
5. A. With regard to the Conditional Use Permit (Specific Development Plan), 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.
B. As a condition of approval of this tentative or final map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of. this subdivision, which action is brought
. within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
RESOLUTION NO. 3867
PAGE 6
DFVFI OPMFNT CODE
6. Development shall conform to the PD-1.1 zoning requirements except as
otherwise approved.
7. Signage shall be subject to the requirements of Development Code Chapter 16.60.
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
NOISE
9. Construction shall be limited to between the hours of 7 a.m. and 5 p.m. Monday
through Friday for noise and inspection purposes.
liGHTING
10. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties or nearby residences.
WATFR
11. All new construction shall utilize fixtures and designs that minimize water usage:
Such fixtures shall include, but are not limited to, low flow shower heads. water
saving toilets, instant water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed p~ior to occupanCy.
SOlin WASTE
12. . 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. The trash enclosure
area shall accommodate recycling container(s).
PRIOR TO ISSUING A BUILDING PERMIT:
13. Final design of trash enclosures shall be reviewed by the Architectural Review
Committee and approved by the Community Development Director.
14. A landscaping and irrigation plan .shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department and the Parks; Recreation & Facilities 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
RESOLUTION NO. 3867
PAGE 7
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) Linear planters shall be provided in the parking area.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
15. 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".
ARCHITFCTIIRAI REVIFW COMMITTFF (ARC)
16. Final building colors, details, materials and landscaping plan shall be reviewed by
the Architectural Review Committee and approved by the Community
Development Director. This approval is for mass, scale and site layout only.
17. 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 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.
18. All electrical panel boxes shall be installed inside the building.
19. 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.
20. . All parking spaces shall be paved and striped per City standards.
21. All landscaping must be installed.
PARKS AND RECREATION DEPARTMENT CONDITIONS
GENERAL CONDITIONS
22. The applicant shall comply with the. provisions of Ordinance No. 431, the
Community Tree Ordinance.
23.' The applicant shall supply a landscape/tree preservation plan, subject to approval
by the Director of Parks. Recreation and Facilities and the Community
Development Director. Proposed removal and mitigation of Oak trees shall be
RESOLUTION NO. 3867
PAGE 8
consistent with the following table:
Irae TRUNK HEIGHT CANOPY VIGOR CONDITION ARBORIST PROJECT
t1 DIAMETER DENSITY RECOMMENDATION PROPOSAL
1 14.7" 20'-25' 75% Fair Good Save Save II
2 38.2" 50'+ 25%-30% Good Poor Remove Save
20'-25' Good Good Save Remove* ,
3 24.2" 80%
'4 32.0" 20'+ 75% Fair Poor Remove Remove*
5 23.5" 15'-18' 15% Poor Poor Remove Remove*
5a** 5.2" at 18" 8' 100% Good Good No Transplant"*
above Recommendation
arade .
6 4.0",5.2", 15' 90%-95% Good Poor Remove Transplant***
6.0" 8.4"
7 11.2" 16'-18' 90%-95% Good Good Save TransDlant***
7a** 1.2" at 18" 4' 15% Poor to Poor to fair No Transplant***
above fair Recommendation
arade
8 15.4" 20' 75%+ Fair Good Save Remove*
9 10.5",10.8", 20' 60% Poor Poor Possibly Remove Save
13.0" .
10 14.4" 14.5" 25'+ 75% Good Good Save Save
11 11.0" 20' 80% Good Good Save Save
12 4;4",4.9", 10' 100% Good Good Save Transplant..*
5.8" 6.0"
SUMMARY OF PROJECT TREE CONDITIONS
* Mitigation at 3: 1 with specimen trees per City selection; Replacement trees shall be a minimum of
36-inch box, 50% of trees to be replaced shall be 48-inch box
** A sapling in the initial arborist report, now considered a tree in the addendum.
* * * Transplant to locations shown on final ARC approved landscape plans
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
24. Linear root barriers shall be used at the front. of the project to protect the
sidewalks.
25. All street front trees shall be 24-inch box.
POLlCF DFPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
26. The applicant shall submit an exterior lighting plan for Police Department
approval.
RESOLUTION NO. 3867
PAGE 9
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
27. The applicant shall install a security system per Police Department guidelines, and
. pay the Police Department alarm permit application fee.
28. The applicant shall post handicapped parking, per Police Department
requirements.
RIIII DING AND FIRE DEPARTMENT
GENERAL CONDITIONS
29. 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.
30. The project shall provide complete compliance with State and Federal disabled
access requirements to the public right"of-way.
31. The project shall have a fire flow of 1,700 gallons per minute for a duration of four
(4) hours.
32. . Any review costs generated by outside consultants shall be paid by the applicant.
PRIOR TO ISSUING A BUILDING PERMIT:
33. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and otherlmdesirable conditions.
34. County Health Department approval is required for food service occupancies.
35. The applicant shall pay water meter, service main, distribution, and availability
fees, to be based on codes and rates in effect at the time of building permit
issuance.
36. The applicant shall pay the Water Neutralization fee, to be based on codes and
rates in effect at the time of building permit issuance.
37. The applicant shall pay the Traffic Impact fee, to be based on codes and rates in
effect at the time of building permit issuance.
38. The applicant shall pay the Traffic Signalization fee, to be based on codes and
. rates in effect at the time of building'permit issuance, offset by the cost of
signalization improvement plans prepared for Camino Mercado and West Branch
Street.
RESOLUTION NO. 3867
PAGE 10
39. The applicant shall pay the Sewer hook-up & facility Permit fees, to be based on
codes and rates in effect at the time of building permit issuance.
40. The applicant shall pay the BuildingPermit fees, to be based on codes and rates
in effect at the time of building permit issuance.
41. The applicant shall pay the Strong Motion Instrumentation Program (SMIP) fee,
to be based on codes and rates in effect at the time of building permit issuance
in accordance with State mandate.
.42. The applicant shall pay the Fire Protection fee, to be based on codes and rates
in effect at the time of building permit issuance.
43. The applicant shall pay the Police Facilities fee, to be based on codes and rates
in effect at the time of building permit issuance.
PRIOR TO OCCUPANCY:
44. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
45. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
46. An opticom traffic signal pre-emption device shall be installed that meets Building
and Fire Department requirements at the new signal at Camino Mercado and West
Branch Street.
PUBLIC WORKS DEPARTMENT
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map, unless specifically noted otherwise.
GENERAL CONDITIONS
47. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations
or as directed by the Director of Community Development or the Director of
Public Works.
. 48. Perform construction. activities during normal business hours (Monday through
Friday, 7 A.M. to 5 P.M., except City holidays)for noise and inspection purposes.
The developer or contractor shall refrain from performing any work other than
site maintenance outside of these hours, unless an emergency arises or
approved by the Director qf Public Works. The City may hold the developer or
contractor responsible for any expenses incurred by the City due to work outside
of these hours requiring City inspection: .
IMPROVEMENT PLANS
49. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
RESOLUTION NO. 3867
PAGE 11
50. Submit four (4) full-size paper copies and one (1) full-size mylar copy of
approved improvement plans for inspection purposes during construction.
51. Submit as-built plans at the completion of the project or improvements as
directed by the Director of Public Works. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required.
52. The following Improvement plans shall be prepared by a registered Civil
. Engineer and approved by the Public Works Department:
. Grading, drainage and erosion control,
. Street paving, curb, gutter and sidewalk,
. Public utilities,
. Water and sewer,
. Landscaping and irrigation,
. Any other improvements as required by the Director of Public Works,
53. The site plan shall include the following:
. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
. The location, quantity and size of all existing and proposed sewer laterals.
. The location, size and orientation of all trash enclosures.
. All existing and proposed parcel lines and easements crossing the
property.
. The location and dimension of all existing and proposed paved areas.
. The location of all existing and proposed public or private utilities.
54. Improvement plans shall include plan and profile of existing and proposed
streets, utilities and retaining walls.
55. Landscape and irrigation plans are required for landscaping within the public
right of way, and shall be approved by the Community Development and Parks
and Recreation Departments. In addition, The Director of Public Works shall
approve any landscaping or irrigation within a public right of way or otherwise to
be maintained by the City.
WATER
56. The applicant shall loop a water main through the site and connect to the water
main underneath West Branch Street and the water main underneath Camino
Mercado,
57. All on-site water mains and fire hydrants shall be public. The applicant shall
dedicate the appropriate easements to the City. The easement shall be a
minimum 15' wide,
58. The applicant shall install fire hydrants along Camino Mercado, West Branch,
and on site to the satisfaction of the Director of Public Works and the Fire Chief,
59. The applicant shall install a double detector check valve with fire department
connection to serve the firespririkler system. The location shall be subject to the
approval of the Fire Chief,
RESOLUTION NO. 3867
PAGE 12
60. Construction water is available at,the corporate yard. The City of Arroyo Grande
. does not allow the use of hydrant meters.
,
61. The hotel and restaurant buildings shall have separate water meters.
62. Existing water services to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
63. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
. Implement 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,
. The applicant may pay an in lieu fee of $2,200 for each new residential
unit equivalent.
SEWER
64. Each parcel shall be provided a separate sewer lateral.
65. All sewer mains shall be a minimum 8" in diameter with a minimum slope of .5%,
66. . All sewer laterals within the public right of way must have a minimum slope of
2%. .
67. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
68. Existing sewer laterals to be abandoned shall be properly abandoned and
capped at the main per the requirements of the Director of Public Works.
69. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to final recordation of the map.
70. The applicant shall extend a public sewer main on-site from the sewer main
underneath Camino Mercado. This sewer main shall connect at a manhole.
71. The applicant shall dedicate the appropriate easements' to the City. The
easements shall be a minimum 15' wide.
72. The applicant shall obtain a will serve letter from the South San Luis Obispo
. . County Sanitation District prior to applying for a building or grading permit.
SOUTH SAN I [liS ORISPO cOIJNTY SANITATION nlSTRlcT C:ONnlTIONS OF
APPROVAl
73. . The developer shall be required to mitigate the impacts on the trunk sewer line
by 'contributing the project's fair share to the installation of a new trunk
replacement line or providing a relief line,
PUBLIC UTILITIES
74. Underground all new public utilities in accordance with Section 16.68.050 of the
Development Code.
RESOLUTION NO. 3867
PAGE 13
75. Underground improvements shall be installed prior to street paving.
76. The applicant shall have obtained all utility company signatures on the
. improvement plans prior to the final submittal,
77. Submit all improvement plans to the public utility companies for approval and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
78. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
STREETS
79. The applicant shall overlay West Branch Street from gutter to gutter across the
project frontage,
80. The applicant shall overlay Camino Mercado from gutter to gutter across the
project frontage,
81. All trenching in City streets shall utilize saw cutting. Any over cuts shall be
cleaned and filled with epoxy.
82. All street repairs shall be constructed to City standards.
83. 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.
CURB, GUTTER, AND SIDEWALK
84. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
85. The driveways shall adhere to all applicable City standards,
86. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to
prevent damage due to root growth.
87. The applicant shall remove and replace any cracked or broken curb, gutter and
sidewalk along the Camino Mercado frontage,
88. The applicant shall remove and replace any cracked or broken' curb and gutter
along the West Branch frontage,
89. The applicant shall install sidewalk along the West Branch frontage,
90. The applicant shall install a wheelchair ramp at the northeast corner of Camino
Mercado and West Branch, .
91. The applicant shall remove and replace the spandrel at the northeast corner of
Camino Mercado and West Branch,
GRADING
92. . Perform all grading in conformance with. the City Grading Ordinance.
93. Submit an updated preliminary soils report to the soils report prepared for the
previous project. All earthwork design and grading shall be performed in
accordance with the approved soils report.
RESOLUTION NO. 3867
PAGE 14
94. Submit all retaining wall calculations for review and approval by the Director of
Public Works for walls not constructed per City standards.
95. The improvement plans shall be subject to the review of the Coastal San. Luis
Resource Conservation District. The applicant shall reimburse the City for the
review by the Coastal San Luis Resource Conservation District. ,
96. The applicant shall obtain a WDID No. from the Regional Water Quality Control
Board prior to issuance of a grading permit,
EROSION CONTROL
97. The applicant shall prepare an erosion control plan for review and approval prior
to issuance of a grading permit,
98. The applicant shall obtain a WDID No. from the Regional Water Quality Control
Board prior to issuance of a grading permit,
DRAINAGE
99. All drainage facilities shall be designed to accommodate a 100-year storm flow.
100. All drainage facilities shall be in accordance with the Drainage Master Plan.
101. The project is in Drainage Zone "C" and may drain to the creek through city
facilities.
102. 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.
103. All storm water drainage will be filtered prior to entering City facilities.
104. All storm water drainage will be conveyed through pipes to the City storm drain
system.
105. The applicant shall replace both drop inlets along the project frontage with
Camino Mercado with new City standard drop inlets.
106. The applicant shall remove the existing standpipe drain on-site.
107. All storm water drainage facilities will either:
. Connect to the storm drainage facilities underneath Camino Mercado, or
DEDICATIONS AND EASEMENTS
108. All easements, abandonments, or similar documents to be recorded as a
separate document, 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.
109. A Public Utility Easement (PUE) shalibe dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
RESOLUTION NO. 3867
PAGE 15
110. Easements shall be dedicated to the public by separate document approved by
the City, for the following:
15' sewer easement for the extension of the sewer main onto the site,
15' water easement for the water main to be looped through the site. The
easement shall entail anyon-site fire hydrants,
PERMITS
111.
.
.
.
.
112.
FEES
113.
114.
.
.
.
Obtain an encroachment permit prior to performing any of the following:
Performing work in the City right of way,
Staging work in the City right of way,
Stockpiling material in the City right of way,
Storing equipment in the City right of way.
Obtain a grading permit prior to commencement of any grading operations on
site.
Pay all required City fees at the time they are due.
Fees to be paid prior to plan approval:
Plan check for grading plans based on an approved earthwork estimate,
. . Plan check for improvement plans based on an approved construction
cost estimate,
. Permit Fee for grading plans based on an approved earthwork estimate,
. Inspection fee of the improvements based on an approved construction
cost estimate,
115. The applicant shall reimburse the City for the plan check fees for the previous
project approved for the site,
AGREEMENTS
116. Inspection Agreement: Prior to approval of an improvement plan, the applicant
shall enter into an agreement with the City for inspection of the required
, improvements.
117. Improvement Agreement: The applicant shall enter into an improvement
agreement for the completion and guarantee of improvements required. The
improvement agreement shall be on a form acceptable to the City.
IMPROVEMENT SECURITIES
118. All improvement securities shall be of a form as set forth in Development Code
Section 16.68.090, Improvement Securities.
119. Submit an engineer's estimate of quantities for improvements for review by the
Director of Public Works.
120. Provide financial security for the following, to be based upon a construction cost
estimate approved by the Director of Public Works:
. Faithful Performance: 100% of the approved estimated cost of alij
required improvements.
. Labor and Materials: 50% of the approved estimated cost of all required
RESOLUTION NO. 3867
PAGE 16
improvements,
. One Year Guarantee: 10% of the approved estimated cost of all required
improvements. This security is required prior' to acceptance of the
improvements.
. Two Year Landscape/Tree Replacement Guarantee: 100% of the
estimated cost of all landscaping and trees as determined by the Parks,
Recreation, and Facilities Director.
PRIOR TO ISSUING A BUILDING PERMIT
121. The improvement plans shall be approved with all pertinent conditions of
approval satisfied.
PRIOR TO ISSUING A CERTIFICATE OF OCCUPANCY
122. All utilities shall be operational.
123. All improvements shall be fully constructed and accepted by the City.
124. Prior to issuance of building permits, a contract for the construction of City Well
No. 10 shall be fully approved by the City and an agreement with the Oceano
Community Services District for additional water supply shall be approved by 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 MFA!'>l JRFS
1 . 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,
Payment of an in lieu fee.
Monitoring:
Review of individual water program or
payment of the in lieu fee
Public Works Department
Prior to issuance of building permit
Responsible Department:
Timeframe:
RESOLUTION NO. 3867
PAGE 17
All new construction shall utilize fixtures and designs that
minimize water usage. Such fixtures shall include, but are not
limited to, water saving toilets, low flow showerheads, instant
water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed prior to final
occupancy.
2.
Monitoring:
Responsible Department:'
Timeframe:
,"""
Review of building plans
Building and Fire Department
Prior to issuance of building permit
3. The hotel shall participate in the "Project Planet Linens and
Towels Reuse Program" or a similar program in scope and
conservation"of water and energy.
Monitoring:
Responsible Department:
Timeframe:
Review of individual water program
Community Development Department
Prior to issuance of Certificate of
Occupancy
4. 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:
Responsible Department:
Timeframe:
Review of landscaping and irrigation
plans
Parks and Recreation Department
Prior to issuance of building permit
5. 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:
Responsible Department:
Timeframe:
Review of grading plans
Public Works Department
Prior to issuance of a grading permit
6. 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 1 5
miles per hour.
RESOLUTION NO. 3867
PAGE 18
7. Soil stockpiled for/ more than two days shall be covered, kept
moist, or treated with soil binders to prevent dust generation.
8. 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.
9. 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.
10. 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. (This measure has the
potential to reduce PM 1 0 emissions from this source by 7-,
14%).
11. Install wheel washers where vehicles enter and exit unpaved
roads onto streets, or wash off trucks and equipment leaving the
site. (This measure has the potential to reduce PM 10 emissions
from this source by 40~ 70%).
12. 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. (This measure
has the potential to reduce PM1Q emissions from this source by
25- 60%).
For Mitigation Measures No.6 - 12:
Monitoring: Review of grading and building plans
and site inspections
Responsible Department: The Public Works and Building and Fire
Departments shall inspect plans and
spot check in the field
Timeframe: Prior to issuance of grading permit and
during construction
13. Occupancy of the project will not be allowed until installation of a
traffic signal at the intersection of Camino Mercado and West
Branch Street
Monitoring:
Responsible Department:
Timeframe:
Monitor installation of the traffic signal
Public Works Department
Prior to' issuance of Certificate of
RESOLUTION NO. 3867
PAGE 19
.occupancy
14. The applicant shall pay the City's Transportation Facilities Impact
fee prior to issuance of building permit.
Monitoring;
Responsible Department:
Timeframe:
The applicant shall pay the fees
Building & Fire Department
Prior to issuance of building permit
15. The applicant shall retain an arborist during the grading and
construction phases of the project to ensure tree protection
measures are implemented. The recommendations outlined in the
arborist report prepared for the project shall be followed.
Monitoring:
Responsible Department:
Field inspection
Parks & Recreation, Community
Development Departments
During grading and construction
Timeframe:
16. Protective fencing shall be installed around each tree to remain at
the dripline, or as directed in the field by the arborist. The fencing
shall be installed prior to any site clearing or grading activities, and
shall remain in. place until, construction is complete, including
landscaping. The fence shall be a minimum of 4' tall and
supported by stakes at least every 10' on center. Weatherproof
signs' shall be permanently posted on the fences, stating the
following:
Tree Protection Zone
No personnel. equipment. materials, or vehicles are allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general contractor]
The Arborist of Record shall inspect the site prior to the start of
any construction activities to determine that adequate tree
protection measures have been implemented.
Monitoring:
Responsible Department:
,Field inspection
Parks & Recreation, Community
Development Departments
Prior to issuance of grading permit
Timeframe:
RESOLUTION NO. 3867
PAGE 20
1 7. The arborist shall mark all trees to be removed with either colored
ribbon or paint. Transplant trees per arborist's direction prior to
site grading.
Monitoring: Field inspection
Responsible Department: Parks & Recreation, Community
Development Departments
Timeframe: Prior to issuance of grading permit
18. The applicant shall submit written reports prepared and signed by
the arborist stating that all tree protection measures have been
met per the International Society of Arboriculture (ISA)
Guidelines.
Monitoring: Review of reports
Responsible Department; Parks & Recreation, Community
Development Departments
Timeframe: Reports filed on a monthly basis
commencing after issuance of grading,
permit
19. Removal of the oak trees shall be replaced in-kind or to City
selection at ,a 3: 1 ratio with a minimum size of a 24" box planted
on-site.
Monitoring:
Review landscape plans/Field
inspection
,Parks & Recreation Department
Prior to occupancy
Responsible Department:
Timeframe: '
20. The applicant shall pay the proportionate share of the impacts to
the EI Camino Real Sewer upgrade and
Walnut Street Sewer Upgrade.
Monitoring:
Responsible Department:
Timeframe:
The applicant shall pay the fees
, ,
Public Works Department
Prior to issuance of grading permit
21. 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."
RESOLUTION NO. 3867
PAGE 21
Monitoring:
Construction plans shall be reviewed
prior to issuance of a grading permit to
ensure the note is in place.
Public Works Department
Prior to issuance of grading permit
Responsible Department;
Timeframe:
Additional Conditions
1. Prior to Certificate of Occupancy the applicants shall develop a parking, access,
and maintenance agreement acceptable to the Director of Community
Development and the Director of Public Works. '
2. The applicant shall install a City benchmark monument at the northwest corner
of Camino Mercado and West Branch in accordance with City standards.
RESOLUTION NO. 3867
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
Resolution No. 3867 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 26th day of July 2005.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 28th
day of July 2005.
'j' " ,I,
/i~(CCCi {iLU \llLl;''/L~
KELLY WET~RE, CITY CLERK