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HomeMy WebLinkAboutCC 2026-04-14_10a_Supplemental 4_RedactedMEMORANDUM TO: City Council FROM: Jessica Matson, Director of Legislative & Information Services/ City Clerk SUBJECT: Supplemental Information Agenda Item 10.a – April 14, 2026 City Council Meeting Supplemental Report for Rescheduled Appeal Case 26-002; Appeal of Planning Commission Approval of Conditional Use Permit 25-001; Location–1271 & 1281 James Way; Appellants– Pismo Medical Properties LLC, Arroyo Grande Partners LLC, Ray B Bunnell Revocable Trust DATE: April 14, 2026 Attached is additional correspondence received by 2 p.m. for the above referenced Item. Cc: City Manager Assistant City Manager Interim Community Development Director City Attorney City Clerk City Website and Public Review Binder Enc Second, this site plan references a parking agreement with the church across the street. The pastor of that church confirmed on the record at the prior hearing that no such agreement exists and that he has no intention of entering into one. Third, this site plan references shared parking arrangements with the hotel. The hotel owner has confirmed that no such agreement exists. To the contrary, the hotel owner holds a primary legal right to 18 of those stalls under a 2015 recorded settlement agreement — a right he has formally exercised by posting no parking signs on all 18 of those stalls just last week. The entire parking solution for this project is built on agreements that do not exist. Additionally, this site plan shows the location of Building A. Building A's parcel was never a party to the shared parking agreement governing this center and therefore has no legal parking rights anywhere within the center. According to the applicant's own submitted square footage data, Building A represents over 75 percent of this project — approximately 70 of the 92 proposed residential units — with only 21 on-site garage spaces and zero legal access to any other parking anywhere in this center. Exhibit 4 — Recorded Easement Documents This exhibit contains the recorded Reciprocal Access and Easement Agreement — Document Number 2000-030755 — on file with the San Luis Obispo County Recorder, as amended in 2008. These documents establish binding easement rights that run with the land and are enforceable against all successors and assigns. Building B is proposed to be constructed directly on top of recorded easement areas established under these agreements. You cannot legally build on land encumbered by a recorded easement held by other property owners. Building A has no legal parking rights in this center. Building B cannot legally be built where it is proposed. This project is legally infeasible on its face. Conclusion The four exhibits submitted with this public comment document conditions that are not speculative — they are real, observable, and photographically documented. The parking lot is already at capacity. Vehicles are already blocking emergency access routes. The project's parking solution is built entirely on agreements that do not exist. And the proposed buildings conflict with recorded easement rights that cannot be overridden by a conditional use permit. The Housing Accountability Act defines a specific adverse impact as a significant, quantifiable, direct, and unavoidable impact based on objective, identified written public health or safety standards. The conditions documented in these exhibits meet that definition precisely. This Council has not only the legal authority to deny this project — it has the responsibility to do so. I respectfully request that the City Council uphold the appeal and deny Conditional Use Permit 25-001, or alternatively require substantial redesign to address these fundamental legal and operational deficiencies before any approval is granted. Furthermore, it is important to note that the developer communicated in writing to the other parcel owners within this center just this past week that he has already created a scaled-down alternative design for this project but cannot discuss it until after tonight's hearing. The developer himself has acknowledged that this project as submitted is not the right solution. There is a better path forward for housing on this site. But it is not this project. Respectfully submitted, Victor Poma Co-Owner, Oak Park Professional Center James Way Arroyo Grande, California From: Jeri Edwards > Sent: Tuesday, April 14, 2026 1:11 PM To: Aileen Loe <aloe@arroyogrande.org>; Kate Secrest <ksecrest@arroyogrande.org>; Jamie Maraviglia <jmaraviglia@arroyogrande.org>; Jim Guthrie <jguthrie@arroyogrande.org> Subject: Your note NO on 92 unit project is NOT ABOUT HOUSING Don't let the narrative 'we need more housing' override your common sense, judgment and fiduciary duty to your tax-paying citizens and to the entire community. This project will create a permanent safety and parking nightmare for everyone accessing this business plaza, including residents who rent and expect to park onsite. It will drive patients away from the medical businesses and drive away the community members who utilize the fitness center. DON'T be fooled by the 'we need housing' mantra. DO THE RIGHT THING AND VOTE NO. Jeri Edwards ---------- Forwarded message --------- From: Jeri Edwards > Date: Sat, Apr 11, 2026 at 8:35 AM Subject: Vote NO to the 92 unit project To: Aileen Loe <aloe@arroyogrande.org>, <ksecrest@arroyogrande.org>, <jmaraviglia@arroyogrande.org>, <jguthrie@arroyogrande.org> Of course Arroyo Grande needs more housing. But why I'm writing you is to suggest that the City Council adopt a SMART, SAFE, QUALITY OF LIFE approach to approving new housing developments. In this case, the 92 unit project is TOO BIG, does not provide enough PARKING, and there are serious SAFETY issues that have been completely ignored. The hotel and church will not offer parking to the developer. There is NO street parking available (all curbs are red). I understand that this project is NOT exempt from an EIR. There are environment issues of bordering a creek that have not been addressed. The developer OVERSTATED the number of PARKING spaces he is allotted for this project. I URGE you to go to the site at any time of the day to see how there is already an OVERFLOW parking situation at this site due to the fitness center and medical office patrons. The fact that there is already an OVERFLOW situation would create an impossible parking problem for members of the fitness center (I am a member of this fitness center), patients of the medical facilities and of course residents of the 92 unit development if built. This fitness center is a HOT SPOT of HEALTHY activity for community members and the medical buildings are of critical importance to all area residents. Being able to PARK in this center and not be denied access is a huge QUALITY OF LIFE issue. Please go visit the site and see for yourself. Please vote NO on the number of units being proposed. Please pay attention to the QUALITY OF LIFE, HEALTH, SAFETY of all the residents using these businesses in this center. Jeri Edwards Please stop this ill conceived project. L. Randall Harris