CC 2014-01-28 Supplemental Information9.b.
PRR YO
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INCORPORATED
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JULV 10, 1911 *
c4cFORNP MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG = i "'
COMMUNITY DEVELOPMENT DIRECTOR -
BY: ' ,', KELLY HEFFERNON
ASSOCIATE PLANNER
SUBJECT: CONTINUATION OF PUBLIC HEARING FOR VESTING
TENTATIVE TRACT MAP NO. 04-006, PLANNED UNIT
DEVELOPMENT NO. 04-005 AND MINOR EXCEPTION NO. 05-
015 TO SUBDIVIDE A 1.8-ACRE SITE INTO NINETEEN (19)
LOTS RESULTING IN 24 DENSITY EQUIVALENT TOWN
HOMES AND CONDOMINIUMS AS A MIXED USE WITH
EXISTING FITNESS CLUB AND MEDICAL OFFICES; APPLIED
FOR BY RUSS SHEPPEL.
DATE: MAY 9, 2006
RECOMMENDATION:
The Planning Commission recommends the Council adopt a resolution approving
Vesting Tentative Tract Map No. 04-006, Planned Unit Development No. 04-005 and
Minor Exception No. 05-015 (continued from the April 11, 2006 City Council meeting).
FUNDING:
There would be additional City costs associated with landscape maintenance within the
creek setback area and pedestrian path easement if the City accepts the offer of
dedication.
PROJECT LOCATION: Southeast corner of Oak Park Blvd. and James Way.
CITY COUNCIL
MAY 9, 2006
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 2
DISCUSSION
Backqround
The City Council considered this project on April 11, 2006 and discussed issues related
to access, traffic and circulation, drainage, building mass and height, open space, and
fencing along the creekside pedestrian trail (see Attachment 1 for April 11, 2006 staff
report, less attachments). The item was continued to May 9, 2006 in order for the
applicant to address these concerns. The applicant has responded with the following
project amendments and actions:
1. The condominiums have shifted approximately five feet (5') to the west
towards Oak Park Boulevard and five feet (5') to the south towards the motel,
reducing the courtyard area between the building and garages from thirteen
feet (13') to eight feet (8') wide. This modification enables the addition of four
4) large planters along the lower parking area on the east side of the building
to help soften building mass. A continuous five-foot (5') wide planting strip is
also included on the north side of the building, and the planters around the
garages in front of the building has increased in size as well (as
recommended by the Architectural Review Committee).
2. The overhang on the east side of the building has been significantly reduced
and a trellis has been added, additionally softening the appearance of the
building.
3. The "towers" located on the east side of the building have been lowered five
feet (5'), reducing building mass from this perspective. This change,
however, also eliminates the utilitarian storage areas on the roof decks.
4. The two (2) shingle colors on the back (east) side of the condos have been
revised to show one natural wood color to play down the vertical dimension of
the building.
5. The overall building height has been lowered by one foot (1'). A one-foot (1')
deviation is still required for the 36' average building height.
6. The applicant met with two representatives from the Natural Resources
Conservation Service (NRCS) and Resource Conservation District (RCD) to
discuss the drainage/detention design, and both endorsed the plans as
submitted. Modifications have therefore not been made to the drainage plan.
7. The applicant is agreeable to provide a fence along the pedestrian creek path
see condition of approval no. 16).
8. Sheet AC-1 has been revised to show three (3) driveway access options for
Council's consideration (all other plan sheets remain unchanged). Outlined
below are the three driveway alternative designs:
CITY COUNCIL
MAY 9, 2006
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 3
Option 1: This is the original access design with all traffic directed towards
the lower, easterly driveway. This configuration has the advantage
of lining up the driveways of the project and New Hope Church and
is further away from the Oak Park Boulevard/James Way
intersection. A surplus of five (5) parking spaces is provided with
this option. Council expressed safety concerns about having all
traffic going through the residential portion of the project.
Option 2: This option includes a one-way entrance at the upper, westerly
driveway with angled parking, and a one-way exit at the lower
driveway, also with angled parking. A total of six (6) parking
spaces are lost with this alternative, one (1) space below the
parking requirement.
Option 3: The third option has all traffic directed towards the upper driveway
and closes off the lower driveway. This is the applicant's preferred
option. A total of five (5) spaces are lost, bringing the overall
parking in compliance with the City's parking requirements.
Attached is a Memorandum from the Director of Public Works, Don Spagnolo, to the
City Manager outlining the advantages and disadvantages of the different driveway
options in light of the effects each would have on circulation within the site and the
public right-of-way (see Attachment 2 for Memo). Mr. Spagnolo concludes that Option 1
is the preferred driveway design based on minimal conflicting movements and least
impact to the existing level of service. Also attached is a Memorandum from Steve
Orosz to City staff summarizing field data from monitoring the project and church
driveways (see Attachment 3). Based on. his observations, Mr. Orosz concludes that
any of the three driveway alignment options provide reasonable operation for site
access and access to the church.
Attachments
1. April 11, 2006 City Council staff report, less attachments
2. Memorandum from Don Spagnolo, Public Works Director, to City Council dated
April 28, 2006
3. Memorandum from Stephen Orosz to City staff dated April 26, 2006
S:\Community Development\PROJECTS\TTM\04-005 Sheppel\CC 2 staff rpt - Sheppel.doc
7 =6'l j [] l i[
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING VESTING TENTATIVE
TRACT MAP CASE NO. 04-006, PLANNED UNIT
DEVELOPMENT CASE NO. 04-005 AND MINOR
EXCEPTION CASE NO. 05-015, APPLIED FOR BY RUSS
SHEPPEL FOR PROPERTY LOCATED ON OAK PARK
BLVD. AND JAMES WAY (OAK PARK PROFESSIONAL
P LAZA)
WHEREAS, the City Council of the City of Arroyo Grande has considered Vesting
Tentative Tract Map 04-006, Planned Unit Development 04-005 and Minor Exception
05-015, filed by Russ Sheppel, to subdivide a 1.8-acre site into nineteen (19) lots
resulting in 24 density equivalent town homes and condominiums as a mixed use with
existing fitness club and medical offices and to deviate from the maximum building
height; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with City Code; and
WHEREAS, the City Council finds that this project is consistent with the City's General
Plan, Development Code and the environmental documents associated therewith, and
has reviewed the draft Negative Declaration with mitigation measures under the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text and
the requirements of the Development Code.
2. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
3. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
4. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAG E 2 of 27
5. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract 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.
6. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7(commencing with Section 13000) of the California Water Code.
7. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
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 project site 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 single-family residential, hospital and medical office 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.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 3 of 27
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for Vesting
Tentative Tract Map No. 04-006 and Planned Unit Development 04-006.
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 approves Vesting Tentative Tract Map No. 04-006, Planned Unit
Development No. 04-006 and Minor Exception No. 05-015, as presented to the City
Council on May 9, 2006 and as shown in Exhibits B1-B27 on file in the Administrative
Services Department and incorporated herein by this reference as though set forth in full,
with the above findings and subject to the conditions as set forth in Exhibit "A", attached
hereto and incorporated herein by this reference.
On a motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 9th day of May 2006.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 4 of 27
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/
CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 5 of 27
EXHIBIT "A"
CONDITIONS OF APPROVAL '
VESTING TENTATIVE TRACT MAP 04-005,
PLANNED UNIT DEVELOPMENT 04-006 and
MINOR EXCEPTION 05-015
Russ Sheppel
Oak Park Blvd. and James Way (Oak Park Professional Plaza)
11 I • ' 11 ' : 11
N RA .ONDITIONS
This approval authorizes the subdivision of a 1.8-acre property into nineteen (19) lots resulting
in 24 density equivalent town homes and condominiums in eleven (11) buildings as a mixed
use with existing fitness club and medical offices. Also approved is afoot (2') deviation
from the maximum building height. afo i
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 Vesting Tentative Tract
Map No. 04-005 and Planned Unit Development No. 04-006.
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3. This Tentative Map and Planned Unit Development shall automatically expire on
2008 unless the final map is recorded or an extension is granted pursuant to
Section 16.12.140 of the Development Code.
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4. Development shall occur in subst tial conformance with the plans presented to the City
Council at the meeting of , 2006 as shown in Exhibits B1-B27 on file in the
Administrative Services Department. , n 55
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.
6. Development shall conform to the OMU zoning requirements except as otherwise
approved.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 6 of 27
SPEGIAL CONDITIONS
7. Consistent with the City's Housing Element policies, the project shall restrict fifteen
percent (15%) of the units, or 3.3 units, to qualified families earning a moderate-
income (based on the City's affordable housing standards). The developer shall pay
an affordable housing in-lieu fee for any fraction of a unit (see also MM 9.1).
8. The Final Tract Map shall show an irrevocable offer to dedicate the 25' creek setback
area to the City, including the pedestrian path.
9. Prior to issuance of building permit, the applicant shall record a new, non-exclusive
pedestrian trail easement that coincides with the project plans. The applicant shall
submit construction plans for the pedestrian trail for review and approval by the
Departments of Public Works and Parks, Recreation and Facilities. Prior to issuing
a certificate of occupancy, the developer shall install the pedestrian trail in
accordance with the approved construction plans. The pedestrian trail shall either be
maintained by a homeowners association with maintenance responsibilities outlined in
the CC&Rs, or by the City if the offer of dedication is accepted.
10. The pedestrian trail shall connect to the public sidewalk on James Way by means of
an ADA ramp and stairs.
11. Only native plants shall be planted within the 25' creek setback area.
12: Signs shall be posted prohibiting the use of herbicides or other toxic substances
potentially harmful to creek habitat.
13. The CC&Rs shall prohibit privately installed lighting adjacent to the creek.
14. The City shall receive all documentation submitted to the U.S. Army Corps of
Engineers to satisfy requirements outlined in the " Wetland Mitigation Plan".
15. The project shall provide bicycle parking in a location acceptable to the Community
Development Director.
16. Fencing shall be installed along the pedestrian creek path that does not prohibit
migration of fauna between the path and riparian area.
ARCHITECTURAL REVIEW COMMITTEE (AB) C:ONDITIONS
17. Soften the two purple building colors of the town homes.
18. Provide more landscaping in the three islands where the cantilevered building projects
out (pending no loss of parking spaces).
19. Plant two Liquidambars in the diamonds on the north side of the condos.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 7 of 27
20. Change the Flax plants to Pittosporum undulatum and change the planter area to
project as far as possible into the parking space on the west side of the condos on
either side of garage doors.
21. Submit a final landscape to the Architectural Review Committee for review and
approval prior to issuance of building permit.
22. Provide decorative paving in the driveways between garages of the town homes.
23. All residential units shall be designed to mitigate impacts from non-residential project
noise, in compliance with the City's noise regulations.
24. Construction shall be limited to befinreen the hours of 8am and 6pm Monday through
Friday. No construction shall occur on Saturday or Sunday.
25. Development shall conform to the Office Mixed Use (OMU) zoning requirements except
as otherwise approved.
26. All fences and/or walls shall not exceed six feet (6') in height unless otherwise approved
with a Minor Exception or Variance application.
27. The developer shall comply with Development Code Chapter 16.20, "Land Divisions".
28. The developer shall comply with Development Code Chapter 16.64, "Dedications, Fees
and Reservations."
29. The following shall be included in the CC&Rs regarding open space;
a. The dedicated open space area (Lot A) shall not be further subdivided in the
future;
b. The use of the open space shall continue in perpetuity for the purpose
specified;
c. Appropriate provisions shall be made for the maintenance of the open space;
and
d. Common undeveloped open space shall not be turned into a commercial
enterprise admitting the general public at a fee.
30. For zero lot line projects where detached dwelling units are to be constructed upon a
lot line, a five-foot maintenance easement shall be provided on the adjacent lot, along,
and parallel to, the zero lot line dwelling. The easement shall grant access to the
owner of the zero lot line dwelling for purposes of maintaining the zero lot line wall.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 8 of 27
31. A property owners' association and covenants shall be established to ensure that
common areas are owned and maintained by Planned Unit Development property
owners.
a. The homeowners association must be established before the homes are sold;
b. Membership must be mandatory for each home buyer and any successive
buyer;
c. The open space restrictions must be permanent, not just for a period of years;
d. The association must be responsible for liability insurance, local taxes, and the
maintenance of recreational and other facilities;
e. Homeowners must pay their pro rata share of the cost, and the assessment
levied by the association can become a lien on the property if allowed in the
master deed establishing the homeowners association; and
f. The association must be able to adjust the assessment to meet changed
needs.
PRIOR TO ISSUANCE OF GRADING PERMIT
32. All walls, including screening and retaining walls, shall be compatible with the approved
architecture and Development Code Standards, and shall be no more than 3 feet in
height in the front setback area, subject to the review and approval of the Community
Development Director.
PRIOR TO RECORDING THE FINAL MAP
33. The applicant shall submit final Covenants, Conditions and Restrictions (CC&R's) that
are administered by a subdivision homeowners' association and formed by the applicant
for common areas within the subdivision. The CC&Rs shall preclude private property
owners from utilizing the 25' creek setback area for private use. The CC&Rs shall be
reviewed and approved by the City Attorney and recorded with the final map.
34. A landscaping 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 landscaping plan shall include the following for all public
street frontages and common landscaped areas;
1) Tree staking, soil preparation and planting detail;
2) The use of landscaping to screen ground-mounted utility and mechanical
equipment;
3) The required landscaping and improvements. This includes:
i. Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
ii. 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
iii. All slopes 2:1 or greater shall have jute mesh, nylon mesh or equivalent
material.
iv. An automated irrigation system.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 9 of 27
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
35. All fencing shall be installed.
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36. The applicant shall comply with the provisions of Ordinance 521 C.S., the Community
Tree Ordinance.
37. Linear deep root barriers shall be used for all trees within six feet (6') of curb, gutter or
sidewalks.
38. All street front trees shall be 24-inch box and shall be located a minimum of one (1) tree
for every seventy-five feet (75') of street frontage.
39. Prior to issuance of building permit, the applicant shall submit a trail improvement
plan for the pedestrian trail located within the creek setback area.
iTI7C7
40. 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.
41. The project shall provide complete compliance with State and Federal disabled access
requirements. Per S.B. 1025, 10% of the primary entry levels of multistoried dwelling
units must comply with the HCD's accessibility provisions.
42. The applicant shall show all setback areas for each lot on the tentative tract map prior
to map recordation.
43. Prior to issuance of a certificate of occupancy, the applicant shall post designated
fire lanes, per Section 22500.1 of the California Vehicle Code.
44. All fire lanes must be posted and enforced, per Police Department and Fire Department
guidelines.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 10 of 27
45. Project shall have a fire flow based on the California Fire Code Appendix III-A.
46. Prior to bringing combustibles on site, fire hydrants shall be installed per Fire
Department and Public Works Department standards. Locations shall be approved by
the Fire Chief.
FIRE SPRINKLERS
47. Prior to Occupancy, all buildings must be fully sprinklered per Building and Fire
Department guidelines.
48. The project shall provide Fire Department approved access or sprinkler system per
National Fire Protection Association Standards 13d or 13R as appropriate.
OPTIGOM DEVICE
49. An opticom traffic signal pre-emption device shall be installed that meets Building and
Fire Department requirements as determined by the Director of Building & Fire for traffic
signal at West Branch Street and Oak Park Boulevard.
ABANDONMENT/NON-GONFORMING
50. Prior to issuance of a grading permit or building permit, whichever occurs first, the
applicant shall show proof of properly abandoning all non-conforming items such as
septic tanks, wells, underground piping and other undesirable conditions.
OTH R APPROVALS
51. The project shall comply with Federal and local flood management policies.
52. Any review costs generated by outside consultants shall be paid by the applicant.
PLBLIC ^ORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied with
prior to recording the map or finalizing the permit, unless specifically noted otherwise.
53. 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:
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
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 11 of 27
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.
54. Fees to be paid prior to plan approval:
1) Plan check for grading plans based on an approved earthwork estimate.
2) Plan check for improvement plans based on an approved construction cost
estimate.
3) Permit Fee for grading plans based on an approved earthwor.k estimate.
4) Inspection fee of subdivision or public works construction plans based on an
approved construction cost estimate.
C1IT:7:i7 • : : 1yxni717CP
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 12 of 27
prior to recording the map, unless specifically noted otherwise.
55. Relocate the existing water main from James Way to the southern project limits to ten
feet (10') west of the sanitary sewer main and provide the appropriate fifteen-foot (15')
easement.
56. Abandon the existing water main connection to James way per the requirements of
the Director of Public Works.
57. The applicant shall extend the sewer main across the project frontage to City
standards and provide the appropriate twenty-foot (20') wide easement due to depth
of line.
58. The applicant shall pay the fair share for the impacts to the following wastewater
capital improvement projects:
a. EI Camino Real Upgrade.
b. Walnut Street Upgrade.
59. The applicant shall overlay James Way from the easterly project driveway to Oak Park
Boulevard with 1'/2 " of asphalt from gutter to gutter.
60. Replace the driveway approach adjacent to Kennedy Club Fitness with City standard
curb, gutter and sidewalk.
61. The applicant shall provide on-site below ground stormwater retardation facilities
designed and constructed to Public Works and Community Development requirements,
and the following:
a. The facilities shall be designed to reduce the peak flow rate from a post-
development 100-year storm.
b. The 100-year basin outflow shall not exceed the criteria provided by the U.S.
Army Corps of Engineers (ACOE).
c. The 100-year basin outflow shall be limited to a level that does not cause the
capacity of existing downstream drainage facilities to be exceeded.
d. The basin design shall include freeboard equal to twenty percent (20%) of the
basin depth, to a minimum of twelve inches (12").
e. The basin shall be fully constructed and functional prior to occupancy for any
building permit within the project.
f. The basin shall be maintained by a homeowner's association. The City shall
approve the related language in the association CC&Rs prior to recordation.
62. The applicant shall provide access from top of bank for creek maintenance.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 13 of 27
I 1: • •
7I17C7[.
63. Clean all streets, curbs, gutters and sidewalks at the end of the day's operations or as
directed by the Director of Public Works.
64. Perform construction activities during normal business hours (Monday through Friday, 7
A.M. to 5 P.M.) 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 of Public Work
hold the developer or contractor responsible for any expenses incurred
to work outside of these hours.
s. The City may
by the City due
65. All project improvements shall be designEd by a registered civil engineer in the State of
California and constructed in accordance with the City of Arroyo Grande Standard
Drawings and Specifications.
66. Submit four (4) full-size paper copies, one (1) full-size mylar copy, and one (1) electronic
copy on CD in AutoCAD of approved improvement plans for inspection purposes during
construction.
67. 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.
68. The following Improvement plans shall be prepared by a registered Civil Engineer and
approved by the Public Works Department:
1) Grading, drainage and erosion control,
2) Street paving, curb, gutter and sidewalk,
3) Public utilities,
4) Water and sewer,
5) Landscaping and irrigation,
6) Any other improvements as required by the Director of Public Works.
69. 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.
70. Improvement plans shall include plan and profile of existing and proposed streets,
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX U5-015
PAGE 14 of 27
utilities and retaining walls.
71. The site plan shall include the following:
1) The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
2) The location, quantity and size of all existing and proposed sewer laterals.
3) The location, size and orientation of all trash enclosures.
4) All existing and proposed parcel lines and easements crossing the property.
5) The location and dimension of all existing and proposed paved areas.
6) The location of all existing and proposed public or private utilities.
1 '
72. Whenever possible, all water mains shall be looped to prevent dead ends. The Director
of Public Works must grant permission to dead end water mains.
73. Construction water is available at the corporate yard. The City of Arroyo Grande does
not allow the use of hydrant meters.
74. Each parcel shall have separate water meters. Duplex service lines shall be used if
feasible.
75. Lots using fire sprinklers shall have individual service connections. If the units are to be
fire sprinkled, a fire sprinkler engineer shall determine the size of the water meters.
76. Existing water services to be abandoned shall be properly abandoned and capped at
the main per the requirements of the Director of Public Works.
77. The applicant shall complete measures to neutralize the estimated increase in water
demand created by the project by either:
1) Implement an individual water program consisting of retrofitting existing off-site
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,
2) The applicant may pay an in lieu fee of $2,200 for each new residential unit.
78. All units to be sprinklered shall have individual water services.
79. The on-site water systems that supply water to fire hydrants shall be a public facility.
This will require public improvement plans and dedication of a fifteen-foot (15') wide
easement.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 15 of 27
80. Each parcel shall be provided a separate sewer lateral.
81. Both units on each parcel will utilize the same sewer lateral.
82. All new sewer mains must be a minimum diameter of 8".
83. All sewer laterals within the public right of way must have a minimum slope of 2%.
84. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
85. Existing water laterals to be abandoned shall be properly abandoned and capped at the
main per the requirements of the Director of Public Works.
86. The applicant shall obtain approval from the South County Sanitation District for the
developmenYs impact to District facilities prior to final recordation of the map.
87. Install all new public utilities as under ground facilities in accordance with Section
16.68.050 of the Development Code.
88. Underground improvements shall be installed prior to street paving.
89. 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. All
utility companies shall sign the improvement plans prior to final submittal.
90. Submit the Final Map to the public utility companies for. review and comment. Utility
comments shall be forwarded to the Director of Public Works for approval.
91. Prior to approving any building permit within the project for occupancy, all public utilities
shall be operational.
7r.y
92. Obtain approval from the Director of Public Works prior to excavating in any street
recently over-laid or slurry sealed. The Director of Public Works shall approve the
method of repair of any such trenches, but shall not be limited to an overlay, slurry seal,
or fog seal.
93. All street repairs shall be constructed to City standards.
94. All trenching in City streets shall utilize saw cutting. Any over cuts shall be cleaned and
filled with epoxy.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 16 of 27
95. 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.
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96. Repair or replace any cracked or broken curb, gutter and sidewalk along the project
frontage with James Way.
97. Utilize saw cuts for all repairs made in curb, gutter, and sidewalk.
98. Install tree wells for all trees planted adjacent to curb, gutter and sidewalk to prevent
damage due to root growth.
e
99. PerForm all grading in conformance with the City Grading Ordinance.
100. Submit a preliminary soils report 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.
101. Submit all retaining wall calculations for review and approval by the Director of Public
Works for walls not constructed per City Standards. All retaining walls subject to
vehicular loading shall be designed for H2O-44 loading.
102. All drainage facilities shall be designed to accommodate a 100-year storm flow.
103. All drainage facilities shall be in accordance with the Drainage Master Plan.
104. The project is in Drainage Zone "C" and allows for drainage to the creek.
105. The applicant shall install an in-line filtration system to remove hydrocarbons,
sedimentation and pollutants from stormwater prior to discharging to Meadow Creek.
106. The grading and drainage plans shall be reviewed by the Coastal San Luis Obispo
Resource Conversation District. The applicant shall reimburse the City for this review.
107. All easements, abandonments, or similar documents to be recorded as a document
separate from a map, 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
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 17 of 27
preliminary title report. The applicant shall be responsible for all required fees, including
any additional required City processing.
108. Abandonment of public streets and public easements shall be listed on the final map, in
accordance with Section 66499.20 of the Subdivision Map Act.
109. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right of ways. Street tree easements shall be a minimum of 10 feet beyond the
right of way, except that street tree easements shall exclude the area covered by public
utility easements.
110. Easements shall be dedicated to the public on the map, or other separate document
approved by the City, for the following:
a. Sewer easements as described in these conditions
easements shall be a minimum of fifteen feet (15') wide.
b. Water easements as described in these conditions
easements shall be a minimum of fifteen feet (15') wide.
of approval. The
of approval. The
111. A Public Utility Easement (PUE) shall be 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.
112. A blanket Public Utility Easement (PUE) shall be dedicated over the drive isles and
parking areas.
113. Obtain an encroachment permit prior to performing any of the following:
1) Performing work in the City right of way,
2) Staging work in the City right of way,
3) Stockpiling material in the City right of way,
4) Storing equipment in the City right of way.
114. Obtain a grading permit prior to commencement of any grading operations on site.
115. 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.
116. Subdivision Improvement Agreement: The applicant shall enter into an agreement
for the completion and guarantee of improvements required. The agreement shall be on
a form acceptable to the City.
117. Covenants, Conditions, and Restrictions: The subdivider shall prepare project
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 18 of 27
CC&Rs for maintenance and repair of all privately owned improvements. The CC&Rs
shall be subject to the review and approval of the City Attorney and the Director of
Public Works.
u':• u :
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 public 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:
1) Faithful Performance: 100% of the approved estimated cost of all subdivision
improvements.
2) Labor and Materials: 50% of the approved estimated cost of all subdivision
improvements.
3) One Year Guarantee: 10% of the approved estimated cost of all subdivision
improvements. This bond is required prior to acceptance of the subdivision
improvements.
4) Monumentation: 100% of the approved estimated cost of placement of all
subdivision monuments.
I : II
121. Preliminary Title Report: A current preliminary title report shall be submitted to the
Director of Public Works prior to checking the map.
122. Subdivision Guarantee: A current subdivision guarantee shall be submitted to the
Director of Public Works prior to checking the final submittal of the map.
123. Tax Certificate: The applicant shall furnish a certificate from the tax collector's office
indicating that there are no unpaid taxes or special assessments against the property.
The applicant may be required to bond for any unpaid taxes or liens against the
property. This shall be submitted prior to placing the map on the City Council agenda
for approval.
124. The Final Map shall be recorded with all pertinent conditions of approval satisfied.
s
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 19 of 27
125. All utilities shall be operational.
126. All essential project improvements shall be constructed prior to occupancy. Non-
essential improvements, guaranteed by an agreement and financial securities, may be
constructed after occupancy as directed by the Director of Public Works.
127. Prior to the final 10% of occupancies for the project are issued, all improvements shall
be fully constructed and accepted 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 Measures:
MITIGATION MEASURES:
MM 1.1: The applicant shall submit a lighting plan verifying that all exterior lighting
for the development is directed downward and does not create spill or glare to
adjacent properties and riparian habitat.
Responsible Party:
Monitoring Agency
Timing:
Developer
City of Arroyo Grande — CDD; Police Dept.
Prior to issuance of Building Permit
MM 1.2: The applicant shall develop design alternatives for the condominium
stairway housing for Architectural Review Committee (ARC) review and approval.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande — CDD
Prior to issuance of Building Permit
MM 1.3: The applicant shall submit final exterior colors and materials of the town
homes and condominiums for ARC approval.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande — CDD
Prior to issuance of Building Permit
MM 3.1: All dust control measures listed below (MM 3.2 — 3.6) shall be followed
during construction of the project and shall be shown on grading and building plans.
The contractor or builder shall designate a person or persons to monitor the dust control
program and to order increased watering, as necessary, to prevent transport of dust off
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 20 of 27
site. The name and telephone number of such person(s) shall be provided to the APCD
prior to land use clearance for map recordation and finished grading of the area.
MM 3.2: During construction, water trucks or sprinkler systems shall be used to
keep all areas of vehicle movement damp enough to prevent airborne 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 shall be used whenever possible.
MM 3.3: Soil stockpiled for more than two days shall be covered, kept moist, or
treated with soil binders to prevent dust generation.
MM 3.4: 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.
MM 3.5: Install wheel washers where vehicles enter and exit unpaved roads on to
streets, or wash off trucks and equipment leaving the site. Vehicle speed for all
construction vehicles shall not exceed 15 mph on any unpaved surface at the
construction site.
MM 3.6: 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.
MM 3.7: To mitigate the diesel PM generated during the construction phase, all
construction equipment shall be properly maintained and tuned according to
manufacturer's specifications.
The measures below (MM 3.8 — 3.10) shall be clearly identified in the project bid
specifications so the contractors bidding on the project can include the purchase and
installation costs in their bids.
MM 3.8: All off-road and portable diesel powered equipment, including but not
limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, shall be fueled exclusively with California Air
Resources Board (ARB) motor vehicle diesel fuel.
MM 3.9: To the maximum extent feasible, the use of diesel construction equipment
shall meet the ARB's 1996 certification standard for off-road heavy-duty diesel engines.
MM 3.10: Prior to any grading activities at the site, the project proponent shall
ensure that a geologic evaluation is conducted to determine if Naturally Occurring
Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present,
an exemption request must be filed with the APCD. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Asbestos Air Toxins Control
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 21 of 27
Measure (ATCM) regulated under by the California Air Resources Board (ARB).
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Public Works Dept., Building
and Fire Department
Timing: Prior to issuance of Grading Permit and during
construction
iFa 'i1fiTi
MM 3.11: To encourage walking within the development and provide a safer
pedestrian environment, the applicant shall use textured and/or colored concrete at
pedestrian crossings.
MM 3.12: Provide continuous sidewalks separated from the roadway by landscaping
with adequate lighting.
MM 3.13: Provide shade tree planting along southern exposures of buildings to
reduce summer cooling needs.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD, Public Works Dept.,
and Building & Fire Dept.
Timeframe: Prior to issuance of Building Permit
MM 4.1: The applicant shall revegetate the 0.18-acre mitigation area as outlined in
the "Wetland Mitigation Plan" prepared by the Morrow Group, Inc., dated May 21, 2002.
Any plants that do not survive shall be replaced in kind and monitored until established.
Temporary irrigation shall be provided for all planting areas for three (3) years or until
plants are established. An independent consultant specializing in biological resources
shall be hired by the City and paid for by the applicant to monitor the mitigation for a
minimum of five (5) years.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD; ACOE
Timeframe: Installation of plant material shall occur before
issuance of a Certificate of Occupancy. Monitoring of
plants shall occur for at least 5 years.
MM 4.2: All non-native plant species shall be eliminated from the 25' wide creek
setback area.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — CDD
Timeframe: Prior to a Certificate of Occupancy
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 22 of 27
MM 4.3: The developer shall record an irrevocable offer of dedication open space
agreement and twenty-five foot (25') creek easement on the property measured from
top of bank. No structures shall occur within 25' creek setback area.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — CDD, Public Works Dept.
Prior to Grading Permit
MM 4.4: Siltation/sedimentation control measures shall be implemented along the
entire eastern property boundary prior to site construction. Such control measures shall
include sediment fences and/or hay bales placed into the crux of the bank of Meadow
Creek. Erosion/sediment control barricades shall be placed around the perimeter of
each construction zone with the potential to drain to Meadow Creek.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — Public Works Dept.
Prior to Grading Permit
MM 4.5: Soil shall not be stockpiled in areas located near the eastern property
margin adjacent to Meadow Creek, or in areas that have potential to drain to Meadow
Creek. Stockpiled soil should be properly covered at all times to avoid wind and water
erosion, and consequent siltation to Meadow Creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: During grading activities
MM 4.6: No heavy equipment shall be allowed within the Meadow Creek corridor.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: During grading
MM 5.1: The note below 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."
Responsible Party: Developer
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 23 of 27
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of grading permit and during grading
activities
MM 6.1: To address specific conditions concerning grading, utility trenches,
foundations, retaining walls and drainage, the contractor or builder shall adhere to the
mitigation measures identified in the Geotechnical Engineering report by Earth
Systems Pacific dated January 29, 2001. An updated soils report shall be submitted
with deeper borings. A slope stability analysis shall also be prepared.
MM 6.2: Construction operations, especially grading operations, shall be confined
as much as possible to the dry season, in order to avoid erosion of disturbed soils.
MM 6.3: Permanent soil control measures identified in the landscape plan shall be
implemented as soon as possible following completion of soil disturbing activities.
MM 6.4: 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.
Responsible Party: Developer
Monitoring Agency: . City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of grading permit and during
construction
MM 8.1: Construction activities shall be restricted to the hours of 8 a.m. and 6 p.m.
Monday through Friday. No construction shall occur on Saturday or Sunday.
Equipment maintenance and servicing shall be confined to the same hours. To the
greatest extent possible, grading and construction activities should occur during the
middle of the day to minimize the potential for disturbance of neighboring noise sensitive
uses.
MM 8.2: All construction equipment utilizing internal combustion engines shall be
required to have mufflers that are in good condition. Stationary noise sources shall be
located at least 300 feet from occupied dwelling units unless noise reducing engine
housing enclosures or noise screens are provided by the contractor.
MM 8.3: Equipment mobilization areas, water tanks, and equipment storage areas
shall be placed in a central location as far from existing residences as feasible.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — CDD, Public Works Dept.
During construction
MM 9.1: Fifteen percent (15%) of new units constructed shall be sold to qualified
families earning a moderate-income (based on the City's affordable housing
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 24 of 27
standards). The developer shall pay an affordable housing in-lieu fee for any fraction
of a unit. An affordable housing agreement between the City and developer shall be
recorded that stipulates the details of the terms and conditions for producing and
selling affordable ownership housing within the project. Said agreement shall be
reviewed and approved by the Community Development Director and City Attorney,
and shall be recorded prior to recordation of the final tract map.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — CDD, City Attorney
Prior to recordation of the Final Tract Map
MM 10.1: The applicant shall pay the mandated Lucia Mar Unified School District
impact fee.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.; Lucia
Mar Unified School District
Timeframe: Prior to issuance of Building Permit
MM 11.1: The developer shall pay all applicable City park development and impact
fees.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — Building & Fire Dept.; PR&F
Prior to issuance of Building Permit
MM 11.2: The applicant shall submit a path/trail improvement plan.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — PR&F
Prior to issuance of Building Permit
MM 12.1: The developer shall pay the City's Traffic Signalization and Transportation
Facilities Impact fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.; Public
Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 13.1: The applicant shall pay the project's proportionate share of South San Luis
Obispo County Sanitation District (SSLOCSD) sewer upgrade impact fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande —Public Works Dept.
Timeframe: Prior to issuance of Building Permit
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 25 of 27
MM 13.2: The developer shall pay the City's sewer hookup fees and fair share of
sewer upgrade impact fees.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Building & Fire Dept.; Public
Works Dept.
Timeframe: Prior to issuance of Building Permit
MM 14.1: The applicant shall submit a Storm Water Pollution Prevention Plan
SWPPP) and Erosion Control Plan that specifies the implementation of Best
Management Practices to avoid and minimize water quality impacts as required by the
Regional Water Quality Control Board (RWQCB). At a minimum, the SWPP and
Erosion Control Plan shall include: '
Designation of equipment and supply staging and storage areas at least
150 feet from the outside edge of the Meadow Creek 25-foot setback
area. All vehicle parking, routine equipment maintenance, fueling, minor
repair, etc., and soil and material stockpile, shall be done only in the
designated staging area.
Major vehicle/equipment maintenance, repair, and equipment washing
shall be performed off site.
A wet and dry spill clean up plan that specifies reporting requirements
and immediate clean up to ensure no residual soil, surface water or
groundwater contamination would remain after clean up.
Designating concrete mixer washout areas at least 150 feet from outside
edge of the Meadow Creek 25-foot setback with the use of appropriate
containment or reuse practices.
A temporary and excess fill stockpile and disposal plan that ensures that
no detrimental affects to receiving waters would result.
Requiring all grading and application of concrete, asphalt, etc. to occur
during the dry season from April 15 to October 15.
Required site preparation and erosion control BMPs for any work that
may need to be completed after October 15.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Public Works Dept.;
RWQCB
Timing: Prior to issuance of Grading Permit
MM 14.2: An independent consultant specializing in biological resources shall be
hired by the City and paid for by the applicant to monitor the restoration of the riparian
corridor for a minimum of seven (7) years.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of Grading Permit
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 26 of 27
MM 14.3: To reduce erosion hazards due to construction activities, grading shall
be minimized, and project applicants shall use runoff and sediment control structures,
and/or establish a permanent plant cover on side slopes following construction.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — Public Works Dept.
Prior to issuance of Grading Permit
MM 14.4: Work shall be completed during the dry season (April 15 to October 15)
to reduce active construction erosion to the extent feasible. If construction extends
into the wet weather season, a qualified hydrogeologist or civil engineer shall prepare
a drainage and erosion control plan that addresses construction measures to prevent
sedimentation and erosion of Meadow Creek.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of Grading Permit and during
construction
MM 14.5: Erosion control and bank stabilization measures shall be implemented to
ensure that the creek bank does not erode. In addition, alternative bank protection
methods, such as restoration of native vegetation, root wads, or other bioengineering
methods of stabilization, shall be used. In order to reduce long-term effects of soil
compaction and changes in topography, construction vehicles and personnel shall not
enter the low flow channel and wet areas. Construction mats and other devices shall
be used to reduce impacts associated with soil compaction.
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — Public Works Dept.
During construction
MM 14.6: All temporary fill placed during project construction shall be removed at
project completion and the area restored to approximate pre-project contours and
topography.
Responsible Party: . Developer
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timeframe: Prior to issuance of a Certificate of Occupancy
MM 14.7: No construction debris or materials shall be allowed to enter the creek
bed, either directly or indirectly. Stockpiles should be kept at least 50' from fhe
topological top of bank to prevent material from entering the creek bed.
RESOLUTION NO.
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 27 of 27
Responsible Party:
Monitoring Agency:
Timeframe:
Developer
City of Arroyo Grande — Public Works Dept.
During construction
MM 14.8: The project shall comply with the City's required water conservation
measures including any applicable measures identified in any applicable City Water
Conservation Plans.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.9: The project shall install best available technology for low-flow toilets,
showerheads and hot water recirculation systems.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande —Building Dept.
Timing: Prior to issuance of a Certificate of Occupancy
MM 14.10: The final landscape plan shall show low-water use/drought resistant
species and drip irrigation systems rather than spray irrigation systems.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande — Parks, Recreation and
Facilities Dept.
Timing:Prior to issuance of Building Permit
MM 14.11: The project plans shall include methods for collecting surface run-off
from the site for use on landscaped areas (minimum of 25% of landscaped areas) to
reduce water use and minimize run-off to the extent feasible.
Respansible Party: Developer
Monitoring Agency: City of Arroyo Grande —Public Works Dept.
Timing: Prior to issuance of Building Permit
MM 14.12: Inline filters shall be installed for stormwater prior to creek outfalls.
Responsible Party:
Monitoring Agency:
Timing:
Developer
City of Arroyo Grande —Public Works Dept.
Prior to issuance of Building Permit
S:\Community Sheppel\CC reso - Sheppel.doc
PFtRO V0\
INCOfiPORATED 92
v
JULV 10, 1911 *
Pc FORN
TO:
FROM:
G3'1
MEMORANDUM
CITY COUNCIL
ROB STRONG
COMMUNITY DEVELOPMENT DIRECTOR
KELLY HEFFERNON
ASSOCIATE PLANNER
ATTACHMENT 1
SUBJECT: CONSIDERATION OF VESTING TENTAT'IVE TRACT MAP NO.
04-006, PLANNED UNIT DEVELOPMENT NO. 04-005 AND
MINOR EXCEPTION NO. 05-015 TO SUBDIVIDE A 1.8-ACRE
SITE INTO NINETEEN (19) LOTS RESULTING IN 24 DENSITY
EQUIVALENT TOWN HOMES AND CONDOMINIUMS AS A
MIXED USE WITH EXISTING FITNESS CLUB AND MEDICAL
OFFICES; APPLIED FOR BY RUSS SHEPPEL.
DATE:APRIL 11, 2006
RECOMMENDATION:
The Planning Commission recommends the Council adopt a resolution approving
Vesting Tentative Tract Map No. 04-006, Planned Unit Development No. 04-005 and
Minor Exception No. 05-015 (Sheppel3 and 4).
FUNDING:
There would be additional City costs associated with landscape maintenance within the
creek setback area and pedestrian path easement if the City accepts the offer of
dedication.
PROJECT LOCATION: Southeast corner of Oak Park Blvd. and James Way.
CITY COUNCIL
APRIL 11, 2006
VTTM 04-006; PUD 04-005; MEX 05-015
PAGE 2
DISCUSSION
This project is an integral part of a prior Planned Development (PD 1.1) area, and
therefore requires City Council action to amend the previous approved plan.
Background
The project site is located within the Oak Park Professional Plaza (the "Plaza") on the
southeast corner of James Way and Oak Park Boulevard in the Office Mixed-Use
OMU) zoning district. The 3.74-acre Plaza is developed with two medical office
buildings (Sheppel 1 and 2) and a health club (Kennedy Club Fitness). Surrounding the
property is a church to the north, the Best Western Casa Grande Inn to the south,
Meadow Creek and Leisure Gardens condominiums to the east, and commercial
deVelopment within the City of Pismo Beach to the west. The eastern portion of the site
is constrained by an existing access from James Way and a twenty-five foot (25')
setback from Meadow Creek, leaving a narrow strip of approximately seventy-feet (70')
wide for development.
The applicant obtained entitlement on May 22, 2001 to construct a 25,000 square foot
medical office and surgery center on the remaining 1.8-acre vacant property that was
never constructed (Sheppel 3). As part of the approval process for the medical office
development in 2001, the Army Corps of Engineers required mitigation for disturbance
of a manmade wetland. Accordingly, a Wetland Mitigation Plan was prepared that
requires restoration of the riparian corridor along the bank of the Meadow Creek
drainage basin, which the City owns (see Attachment B of the Initial Study for the
Wetland Mitigation Plan). As compensation for using City property to perform the
required mitigation, the City required a dedication of a 6' wide pedestrian path within the
25' creek setback area. On December 26, 2002 an "Irrevocable and Perpetual Offer to
Dedicate Path/Trail Access Easement" was recorded that granted a six-foot (6') wide
pedestrian easement along the creek side property boundary (see Attachment E of the
Initial Study). The subject 1.8-acre site is currently used to a limited extent for parking.
As part of the original approval for the Plaza, a Master Plan was developed that
established a shared access, parking and drainage easement agreement. This
easement agreement encumbers four of the six original parcels. A new easement
agreement was approved with Sheppel 3 that connected all of the final developed
parcels. A lot line adjustment was also approved that reconfigured and reduced the six
6) existing parcels into four (4). Because the Conditional Use Permit for Sheppel 3 was
never pursued, the lot line adjustment did not record and therefore the lot configuration
and Master Plan remain as approved in 1999 with CUP 98-572 (Sheppel) and CUP 98-
573 (Kennedy).
There are two (2) other easements on the lower two lots owned by Mr. Sheppef that
relate to circulation and parking. These easements are for the benefit of the motel
owned by Ray Bunnell. One easement is for ingress and egress to James Way from
the motel, and the other is for shared parking. Mr. Bunnell has reviewed the proposed
plans and has agreed with Mr. Sheppel to accept the design proposed. New
easements will be recorded for parking and access with the proposed project, if
approved.
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After the Kennedy Club Fitness Center and Sheppel 2 office building were occupied, a
series of issues arose with regard to parking and circulation. The two property owners
Kennedy and Sheppel) agreed that for any spaces marked for limited use in the
easement area for Sheppel 1 and 2, an equal number of spaces would be provided as
additional parking for Kennedy Club Fitness on Sheppel's other lots. Mr. Kennedy had
also made a request to the City to allow the old driveway entrance closest to the
Kennedy building reopened. The City had previously required that the old driveway be
closed and the new lower driveway be the only access from James Way. The City
established a trial period to study the two-driveway design. Mr. Kennedy is no longer
requesting the driveway revision, and therefore there is no longer an issue regarding the
circulation or parking related to the Kennedy and Sheppel easements.
Since November 2003, the Planning Commission held four (4) public hearings to
consider revocation of the aforementioned use permits due to non-compliance of shared
parking and driveway agreement between the professional office and fitness club uses.
On June 1, 2004 the Commission specifically considered the following:
1. Review of Parking and Access Study, April 2004;
2. Proposed schedule for further common area changes;
3. Design issues for Sheppel 3, residential mixed-use concept plan and Pre-
Application.
Project plans for the Pre-Application showed a phased mixed-use development divided
into twenty-two (22) multiple-family duplex units configured along the creek side of the
access driveway (Phase I, Sheppel 3) and a professional office component (Phase II,
Sheppel 4). The residential units were oriented to focus toward the creek and away
from commercial-related impacts, and the office building was positioned in the same
location as the original Sheppel 3, with significantly less square footage (approximately
7,000 square feet).
The City Council considered the Pre-Application on July 27, 2004. Discussion focused
on site access, parking, traffic, top of bank determination, and future water availability.
Council members supported the concept of mixed-use at this location, and tentatively
concurred with the top of bank determination (see Attachment 1 for City Council
meeting minutes). The Pre-Application site plan is included as Attachment 2.
The Planning Commission first considered the current project during a Study Session
on January 24, 2006. Issues discussed included:
Parking and circulation.
Stability of creek bank.
Maintenance of creek bank landscaping (as required by the U.S. Army Corps.
of Engineers).
Maintenance responsibility of the 6' pedestrian path located adjacent to the
creek.
Top of creek bank determination.
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Intent of the 25' creek setback.
Description of the in-line stormwater filter system.
Stormwater detention vs. retention.
Use of porous pavement
Below is a response to the issues brought up during the Study Session.
Parking and circulation. Due to previous parking and circulation problems experienced
within the Oak Park Plaza, Commissioners asked for an explanation of how the project
resolves these issues. Circulation has been adequately addressed with providing one
primary access from James Way and closing the top driveway to allow emergency
access only. Parking is considered adequate without any mixed-use parking reduction.
Stability of creek bank. With implementation of the Wetland Mitigation Plan (Attachment
B of the Initial Study), the creek bank will be planted with native riparian vegetation that
will bind with the soil and stabilize the creek bank. In addition, the project is conditioned
to submit an updated soils report supported by adequate test borings, which will include a
slope stability analysis to ensure the buildings will not have an adverse effect.
Mainfenance of creek bank landscaping. The following language has been added to
MM 4.1 to address maintenance: "An independent consultant specializing in biological
resources shall be hired by the City and paid for by the applicant to monitor the
mitigation for a minimum of five (5) years."
Maintenance responsibility of fhe 6' pedestrian pafh located adjacent to the creek. The
following conditions of approval have been added in response to this issue:
The Final Tract Map shall show an irrevocable offer to dedicate the 25' creek
setback area to the City, including the pedestrian path.
Prior to issuance of building permit, the applicant shall record a new, non-
exclusive pedestrian trail easement that coincides with the project plans.
The applicant shall submit construction plans for the pedestrian trail for review
and approval by the Departments of Public Works and Parks, Recreation and
Facilities. Prior to issuing a certificate of occupancy, the developer shall
install the pedestrian trail in accordance with the approved construction plans.
The pedestrian trail shall either be maintained by a homeowners association
with maintenance responsibilities outlined in the CC&Rs, or by the City if the
offer of dedication is accepted.
The applicant shall submit final Covenants, Conditions and Restrictions
CC&Rs) that are administered by a subdivision homeowners' association and
formed by the applicant for common areas within the subdivision. The CC&Rs
shall preclude private property owners from utilizing the 25' creek setback area
for private use. The CC&Rs shall be reviewed and approved by the City
Attorney and recorded with the final map.
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Top of creek bank determination. The applicant has submitted a top of bank exhibit with
cross sections that graphically illustrate the hydrological top of bank determination (see
Attachment 3).
Intent of the 25' creek setback. Based on research of previous General Plans for the
City, the earliest mention of reserving areas adjacent to creeks was in 1966 for the
purpose of establishing green belts. The City's 2001 General Plan states the following
regarding the purpose of creek setbacks:
C/OS2: Safeguard important environmental and sensitive biological resources
contributing to healthy, functioning ecosystem.
C/OS2-1: Designate all streams and riparian corridors as Conservation/Open
Space (C/OS).
C/OS2-1.1: 'Streams' and `riparian corridors' shall include buffer area
corresponding at least to natural vegetation and/or creek
bank.
C/OS2-1.2: Preserve stream and riparian corridors in their natural state
except that periodic flood control maintenance consistent
with State and Federal permits shall be allowed.
C/OS2-1.3: Where feasible, maintain a grading and building setback of
25 feet from the top of stream bank. Locate buildings and
structures outside the setback. Except in urban areas where
existing development exists to the contrary, prevent removal
of riparian vegetation within 25 feet of the top of stream
bank.
C/OS2-1.4: Creekside trails may be designed within stream and riparian
corridors and building setback providing design and grading
are consistent with State and Federal permits and are
sensitive to natural vegetation and include landscape
mitigation.
C/OS3: Plan for a well-maintained system of footpaths and non-vehicular trails
that provide access to areas of non-urban environment.
As described further below, the purpose of establishing a creek setback ranges from
protecting biological resources, helping to prevent erosion and sedimentation (flood
control), providing open space amenities and passive recreational opportunities. Each
property has its own unique circumstances (amount of existing riparian vegetation,
steepness of slope bank, proximity to existing development, potential for linking
creekside trails, etc.), and therefore the specific purposes may vary.
Description of the in-line stormwater filter system. There is an existing inline filtration
system (oil and water separator) located in the planter area where the access driveway
turns up towards the existing development. This system is proposed to remain. The
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project is conditioned to install an in-line filtration system to remove all pollutants and
sedimentation from stormwater prior to discharging into Meadow Creek (see Condition
of Approval No. 102).
Stormwater detention vs. retention (information from www.stormwaterauthority.org):
Detention is the short-term storage of stormwater. The objective of a detention facility is
to regulate the runoff from a given rainfall event and to control discharge rates to reduce
the impact on downstream stormwater systems. Retention is the permanent storing of
stormwater indefinitely. Water is stored until it is lost through percolation, taken in by
plants, or through evaporation.
Stormwater detention basins are specifically designed and engineered to receive and
temporarily hold large amounts of stormwater to protect downstream areas from
flooding. Detention facilities can keep existing drainage systems from exceeding
capacity. New sites and development, which typically increase impervious surfaces and
thus increase flow rate and volume of run-off, use detention basins to mitigate the
effects of downstream flooding. Storage facilities can be either constructed above or
below ground as a vault. Buried vaults can be prefabricated concrete, corrugated
aluminum, polyethylene, or fiberglass structures. Design and performance criteria for
stormwater detention and water quality treatment is typically found in the state and local
water quality manuals.
The proposed project uses a subsurFace detention system. The detention system is
designed to reduce the peak flow rate resulting from a post-development 100-year
storm and limit the release flow rate to the pre-development flow of a 100-year storm
event. The detention areas will outlet to the existing storm drain system using a pipe
that restricts flow. Overflow from the subsurface system will go into a drop inlet and be
conveyed to an existing outfall location. As mentioned above, the stormwater will be
filtered by means of an in-line system. Based on additional information provided by
Earth Systems Pacific, percolation of underground detention basin water into existing fill
soils is "very inadvisable" from a geotechnical standpoint for this filled site (see
Attachment 4).
Use of porous pavement. The Planning Commission originally suggested the use of
pervious pavers and/or porous pavement in the access driveway and common parking
areas. Based on additional comments from Earth Systems Pacific, the use of pervious
pavers is strongly discouraged based on the soil composition of the site (see
Attachment 5). The conditions have therefore been amended to eliminate reference to
pervious pavers.
On February 21, 2006, the Planning Commission recommended approval of the project
with the following amendments (see Attachment 6 for Meeting Minutes):
Connect the creekside path to the public sidewalk on James Way by way of an
ADA ramp and stairs.
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Include methods for collecting surface run-off from the site for use on landscaped
areas (minimum of 25% of landscaped areas) to reduce water use and minimize
run-off to the extent feasible.
Use all native plants within the 25-foot creek setback area of the path.
Post signs that prohibit the use of herbicides or other toxic substances potentially
harmful to creek habitat.
Prohibit the use of privately installed lighting adjacent to the creek (for protection
of creek habitat).
Include APCD comments in the Initial Study.
The above changes have been made to the conditions of approval.
Proiect Description
Design of the proposed project is largely based on Planning Commission and City
Council feedback during the Pre-Application process. Changes include eliminating the
phasing, replacing the professional-office component with more residential units (the
same number of units, 22, are proposed), redesigning the residential units to include
garages instead of carports, orienting the garages away from the main access driveway,
and overall improved architectural design. Because this is an infill project within a
partially developed site, and because the different uses are linked by means of common
access and parking, there are many constraints that must be considered in the project
design. The mixed-use standards of the Development Code were written to allow
flexibility for infill projects.
Proposed Sheppel 3 and 4 is a Vesting Tentative Tract Map and Planned Unit
Development to subdivide three (3) parcels into nineteen (19) lots resulting in a total of
twenty-two (22) town homes and condominiums in eleven (11) buildings (24 density
equivalent units - see below for density equivalency table). Lots range in size from
3,710 to 12,890 square feet. A 3,980 square foot landscaped open space parcel (Lot A)
is proposed adjacent to James Way to serve as a buffer to the street and provide
passive recreational amenities (picnic table and barbeque area). A total of fifty-one
51) parking spaces are required and one hundred ten (110) spaces are proposed. The
additional fifty-nine (59) spaces are intended to offset the parking demand for Sheppel 1
2 and Kennedy Club Fitness, as well as off-site shared parking and secondary access
easement for the Best Western Casa Grande Inn. Access to the site will be provided at
an existing driveway off of James Way. The project site is subject to an easement
agreement for access, parking, circulation and drainage with adjacent parcels, and a
new easement agreement is proposed that will connect all of the final developed
parcels. Construction of a six-foot (6') wide pedestrian trail is proposed within the 25'
creek setback. A new pedestrian trail easement will be recorded to reflect the actuat
location of the trail since the recorded easement does not coincide with the proposed
project plans. A homeowners association will maintain all common areas.
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Density Equivalency Table
Residential Dwelling Unit
Type Density Equivalent
ive/V1/ork Unit
Studio
1-bedroom
2- bedroom
3-bedroom
4-bedroom
5
5
75
1
1.5
2
The ten (10) town homes are three (3) levels with the option for a one-bedroom unit on
the first floor (652 square feet of living area) and a two-bedroom unit on the second and
third floors (2,066 square feet of living area) for four (4) of the units (4 one-bedroom
units, 4 two-bedroom units, and 6 three-bedroom units). The eight (8) condominiums
include 1,172 square feet of living space in two levels, although the elevations appear to
show three (3) levels. The top level is an enclosed access to the decked roof area that
serves as private open space. A Minor Exception is required to exceed the 35' height
limit by two feet for the condominiums. The town homes also have decks for private
open space. Resident and guest parking complies with Development Code Standards.
Proposed colors and materials for the town homes and condominiums are summarized
in the table below; the architectural style is considered "Contemporary Craftsmen". The
conceptual landscape plan includes location of fences, pedestrian pathways, and
decorative paving in addition to plant selection. Project statistics are also summarized
below.
Colors and Materials
Trim Roof La Siding Accent Shingles
Lot 2 Pure white Presidential shake Weather boards "Hedgerov' Weatherboards with
autumn blend in "O rea House" natural wood stain
Lots 3 8 4 Pure white Presidential shake Weather boards "Scenic Rose" Weatherboards with
autumn blend in "Hed erov' natural wood stain
Lots 5 8 6 Pure white Presidential shake Weather boards "Cadet Blue" Weatherboards with
autumn blend in "Em ire" natural wood stain
Lots 7 8 8 Pure white Presidential shake Weather boards "Crimson Weatherboards with
autumn blend in "Grape Red" natural wood stain
H acintFi"
Lots 9& Pure white Presidential shake Weather boards "Smokey Weatherboards with
10 autumn blend in "Golden Glass" natural wood stain
Tower"
Lot 11 Pure white Presidential shake Weather boards "Hedgerov' Weatherboards with
autumn blend in "O rea House" natural wood stain
Condo- Hawaiian Craftsman n/a n/a Weatherboards in
miniums Blue Hawaiian Blue Maple and Slate
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PROJECT SUMMARY
Zonin : Office Mixed Use OMU
Site Area: 78,924 s.f. 1.8-acres
Proposed Subdivision: Existing: 3 lots Proposed: 19 lots ranging in size
from 3,710 to 12,890 s.f.
Buildin Foot rint: 20,419 s.f.
Lot Coverage: 26% (20,419/78,924) Allowed: 70%
Floor Area Ratio: 0.6 Allowed: 1.0
Number of units proposed: (6) 3-bed units Maximum density: 27 units (15 du/ac
12) 2-bed units x 1.8 ac)
4) 1-bed units Minimum density: 75%, or 20 units
Total units: 22
Townhouse
1 bed unit Lower level 652 s.f.
2 bed unit Middle level + 1,139 s.f.
Upper level 927 s.f. (2,066 s.f. = 2 bed unit)
3 bed unit Total 2,718 s.f.
Garage 737 s.f.
Lower level deck 84 s.f.
Middle level deck 220 s.f.
U er level deck 141 s.f.
Condominium
2 bed unit Lower level 586 s.f.
Upper level 586 s.f.
Total 1,172 s.f.
Garage 450 s.f.
Lower level deck 78 s.f.
Upper level deck 78 s.f.
Roof deck 260 s.f.
Buildinq Heiqht: Maximum allowable: 35' above Maximum proposed: 37' (Minor
avera e rade under buildin Exce tion re uired
Parkinq required: • 1 bed unit 1 space per unit within an enclosed
garage and .5 uncovered spaces per
unit for developments over four units.
2 spaces per unit within an enclosed
garage and 0.5 uncovered space per
2+ bed units unit for developments over four units
Parkinq Proposed: (6) 3-bed units = 15 spaces required
12) 2-bed units = 30 spaces required
4) 1-bed units = 6 spaces required
Total required: 51 spaces
Total provided: 110 spaces
Net difference: 5 spaces surplus
Density: 1.8 acres x 15 du/ac = 27 dwellings allowed
75% of 27 = 20.25 dwellings minimum
22 dwellings proposed
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Oqen space:
Private open space: Townhouse:
Total deck area per unit = 445 s.f.
10 units x 445 s.f. = 4,450 s.f.
Condominium:
Total deck area per unit = 400 s.f.
8 units x 400 s.f. = 3,200 s.f.
Total private open space = 7,650 s.f.
Common open space: Lot A: 3,980 s.f.
Other common areas: 4,020 s.f.
Total common open space = 8,000 s.f.
Total open space (private +
common) = 15,650 s.f.
Open space required: 350 s.f. per unit x 26 units = 9,100 s.f.
Net difference = 6,550 s.f. surplus
Development Standards — Office Mixed Use (OMU)
The proposed project is subject to the Office Mixed Use (OMU) Development Standards
Section 16.36.020), General Mixed Use Development Standards (Section 16.48.065),
and Planned Unit Development standards (Section 16.32.050). Note that most of these
standards have been written to allow flexibility to compensate for site constraints and
allow for more creative design and an overall better project than through conventional
zoning. Below are the development standards for the OMU District. The project meets
all OMU standards except for minimum lot size (addressed through the PUD process)
and building height (Minor Exception proposed).
Table 16 36.020(H) Office Mized Use (OMU) _
r - _ ° ' `
1. Maximum Density Mixed Use Projects 20 dwelling units/acre
2. Maximum Density Multi-family housing 15 dwelling units/acre
3. Minimum Density 75% of maximum density (measured on
residential portion horizontal mixed use project
area or 50% of ro'ect area, whichever is less .
4. Minimum Lot Size 10,000 sq. ft. (20,000 sq. ft. for residential
ro'ects
5. Minimum Lot Width 100 feet
6. Front Yard Setback 0— 10 feet. Exceptions may include entrance
courtyards and areas for outdoor dining
determined throu h discretiona review.
7. Rear Yard Setback 0— 15 feet.
8. Side Yard Setback 0- 5 feet.
9. Street Side Yard Setback 0— 15 feet. Exceptions may include areas for
outdoor dining, or architectural/landscape
features determined through discretionary
action.
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Table .16.36:'020(H)=;OfficeMixecl Use'(OMU) ` § 'k. . , °:. ;
10. Building ; Size Limits ^ Maximum height for mixed
residential/commercial use is 35 feet or three
stories, whichever is less.
Maximum building size is 50,000 square feet.
Three-story building components allowed only
with substantial transitional space and/or lower
story elements adjacent to residential districts or
uses.
11. Site Coverage and Floor Area Ratio Maximum coverage of site by structures is 70%.
Maximum Floor Area Ratio is 1
12. Site Design and Signs See OMU-D-2.20. Please note General Plan
Policies LU5-11. For mixed-use projects, refer
to Section 16.48.065.
Additional si n standards also in Section 16.60.
13. Off-Street Parkin and Loadin Section 16.56.020.
Mixed-Use Prolects (Section 16.48.065)
This section of the Development Code outlines design considerations, mix of uses, site
layout standards, perFormance standards, and requirements for mixed-use discretionary
projects. Listed below are the specific mixed-use standards followed by how the project
meets or falls short of these standards.
A. Desiqn Considerations. A mixed-used project shall be designed to achieve the
following objectives.
Potential noise, odors, glare, pedestrian traffic, and other potentially
significant impacts on residents shall be minimized to allow a compatible mix
of residential and nonresidential uses on the same site. (The town homes are
oriented away from the commercial uses and towards the creek, and are
setback from the road with an open space parcel in between thaf serves as a
buffer. The garages act as a buffer from the commercial uses as well. The
side-loaded garages for the town homes minimize traffic conflicts, and the
detached garages for the condos also will shield residents from the
commercial development. There are no known odor issues associated with
office and health club uses. The amount of glass incorporated into the project
and existing uses is nominal, reducing glare potential. Pedesfrian walkways
and sidewalks are included throughout the development).
2. The design of the mixed-use project shall take into consideration potential
impacts on adjacent properties and shall include specific design features to
minimize potential impacts. (The residential units will be screened from the
existing condominiums to fhe east with additional landscaping and enhanced
riparian vegetation).
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3. The design of a mixed-use project shall ensure that the residential units are of
a residential character, and that privacy between residential units and
between other uses on the site are maximized. (Each unit will have private
space, eifher within enclosed yards, decks, or bofh).
4. The design of the structures and site planning shall encourage integration of
the street pedestrian environment with the non-residential uses through the
use of plazas, courtyards, walkways, and street furniture. Design amenities
shall encourage travel by walking, bicycling and public transit. (The project
includes walkways, areas to sit above the Meadow Creek, an open space
picnic area, and there is a proposed plaza/walkway in front of the condo units
between the garages and entries. There are benches in the plazas and
courtyards in front of both Sheppel buildings, and Kennedy Club Fitness
provides a pool, cafe, and exercise facilities).
5. Site planning and building design shall be compatible with and enhance the
adjacent and surrounding residential neighborhood in terms of scale, building
design, color, exterior materials, roof styles, lighting, landscaping and
signage, to preserve the rural nature and small town character of Arroyo
Grande. (The style proposed for the residential units during the Pre-
Application process was considered overly commercial, and changes were
made to soften the look. The proposed "Contemporary Craftsmen"
architectural style of the units was selected to match the style of the
condominiums across the creek and fit with the existing commercial
buildings).
B. Mix of Uses
1. A mixed use project may combine residential uses with any other use allowed
in the applicable zoning district by Section 16.36.030, provided that where a
mixed use project is proposed with a use required by Section 16.36.030 to
have Minor Use Permit or Conditional Use Permit approval in the applicable
zoning district, the entire mixed use project shall be subject to that permit
requirement. (All existing and proposed uses within the Oak Park
Professional Plaza are allowed, and the Planned Unif Development serves as
a Conditional Use Permit. The entire site is being considered through
necessary revisions to the Master Plan regarding parking, access, circulation,
drainage, easements, etc.).
2. For substandard lots, a mixed-use project that provides commercial and/or
office space on the ground floor with residential units above (vertical mix) is
encouraged over a project that provides commercial structures on the front
portion of the lot with residential uses placed at the rear of the lot (horizontal
mix). (This project completes the residential component of an existing
commercial development. If the site were vacanf, fhere would be more
flexibility for vertical mixed-use).
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C. Site Layout Standards. Each proposed mixed-use project shall comply with the
property development standards of the applicable zoning district, and the following
requirements:
1. Open Space. A minimum of three hundred fifty (350) feet of any combination
of public or private open space shall be required for each residential unit and
be permanently maintained. (The project exceeds this requirement by 6,550
square feet);
2. Loading Areas. Commercial loading areas shall be located as far as possible
from residential units and shall be screened from view from the residential
portion of the project to the extent feasible. (There is no specific "loading
zone" for the existing commercial development. What loading and unloading
occurs is within the commercial parking area away from the proposed
residential development);
3. Refuse and Recycling Areas. Areas for collection and storage of refuse and
recyclable materials shall be located on site in locations that are convenient
for both the residential and non-residential uses. (The trash enclosure area
for the fitness club and condominiums is centrally located. The town homes
will have private wasfe wheelers for trash and recycling).
D. Performance Standards
1. Lighting. Lighting for the commercial uses shall be appropriately shielded to
minimize impacts on residential units. (The existing commercial uses already
incorporafe shielded lighfing).
2. Noise. All residential units shall be designed to mitigate impacts from non-
residential project noise, in compliance with the City's noise regulations.
This is handled through fhe building permit process and will be a condition of
approval).
3. Hours of Operation. A mixed-use project proposing a commercial component
within three hundred (300) feet of a residential unit, that will operate outside of
the hours of from eight am to six pm shall require a minor use permit (unless
the proposal involves a conditional use permit as required by Section
16.36.030(A)(1) to ensure that the commercial use will not interfere with the
residential uses within the project: (PUD required).
E. Requirements for Use Permit Proiects. A mixed-use project that requires minor use
permit or conditional use permit approval in compliance with subsection (B) is subject to
the following requirements:
1. Property Development Standards. The approval of a minor use permit or
Planned Unit Development for a mixed-use project may include:
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a. Conditions of approval that require provisions and standards in
addition to, or instead of the property development standards of the
applicable zone district to ensure compatibility of uses and
surroundings; or
b. Variation or exception to standards required by the applicable zoning
district, to the extent allowed by use permit approval in other sections
of these regulations, to make particular use combinations more
feasible.
2.. Mandatory Findings for Approval. The approval of a minor use permit or
conditional use permit for a mixed use project shall require that the review.
authority first make all of the following findings, in addition to the findings
required for the permit approval as applicable.
a. The mixed uses are consistent with the general plan and are
compatible with their surroundings, with neighboring uses, and with
each other;
b. The design protects the public health, safety, and welfare; and
c. The rnixed uses provide greater public benefits than single-use
development of the site. This finding must enumerate those benefits,
such as proximity of workplaces and housing, automobile trip
reduction, provision of affordable housing, or other benefits consistent
with the purposes of this section.
3. Mandatory Findings for Variation or Exception to Standards. To allow property
development standards that deviate from those of the underlying zone, the
review authority must make one of the following findings:
a. Site-specific property development standards are needed to protect all
proposed uses of the site, in particular residential uses; or
b. Site-specific property development standards are needed to make the
project consistent with the intent of these regulations.
Planned Unit Development
The purpose and intent of the Planned Unit Development process is to "facilitate
development of properties designated for residential and commercial uses or planned
development in the General Plan and Development Code. This process is used where
greater flexibility in design is desired to provide a more efficient use of land than would
be possible through strict application of conventional zone or land use district
regulations." (Development Code Section 16.16.060).
Therefore, Planned Unit Development applications provide a basis for deviating from
other Development Code standards if the proposed project is found to meet these
goals, as long as the overall permitted density of the project area is not exceeded. This
requirement is specified within the required findings. In particular, since Planned Unit
Developments frequently cluster units in order to achieve other design goals, deviations
from lot size standards are normally involved. The proposed project (24 density
equivalent units) is within both the maximum (27 units) and minimum (20 units)
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allowable density for the OMU zoning district. The Leisure Gardens condominiums
across the creek from the project have a similar high density (14 du/ac).
Section 16.32.050(E) of the Development Code outlines additional performance
standards for Planned Unit Development projects. Listed below are the specific
standards followed by how the project meets or falls short of these standards.
1. When lot sizes less than that permitted by the underlying zoning district are
proposed for a subdivision, a Planned Unit Development permit application
Section 16.16.180) shall be submitted concurrently with the subdivision
application. (Proposed lot sizes are /ess than 10,000 square feet, and therefore a
PUD application has been submitted along with the Tentative Tract Map).
2. Lot size, lot width, and lot depth for each unit shall be determined through the
Planned Unit Development review process. (Proposed lot sizes and lot width are
less than OMU requirements; there are no standards for lot depth).
3. Building setbacks required by the underlying zoning district may be reduced or
waived for lots created through a Planned Unit Development, provided the lot
coverage requirements of the district are met for the project. (The project meets
lot coverage requirements; proposed is 26% and allowed is 70%). In no case
shall the minimum separation between buildings on adjacent lots be less than ten
10) feet or less than required by other state or local laws; excepting, however,
for adjacent lots where a common wall is shared in a zero lot line attached
project. (Project meets requirement).
4. For zero lot line projects where detached dwelling units are to be constructed
upon a lot line, a five-foot maintenance easement shall be provided on the
adjacent lot, along, and parallel to, the zero lot line dwelling. The easement shall
grant access to the owner of the zero lot line dwelling for purposes of maintaining
the zero lot line wall. (The project will be conditioned to provide said easements).
5. A Planned Unit Development must meet the following performance standards in
order fo be approved:
a. The project shall be unobtrusive and environmentally compatible with
adjacent property. (The majority of the Oak Park Professional Plaza is
already developed with commercial buildings. Developing the project
site with residential units is more compatible with the condominiums
located across fhe creek and with fhe adjacenf motel to the south. A
mutual benefit will occur befween the residential units and existing
health club).
b. The project shall provide all infrastructure necessary to support the
project. (Yes).
c. The project shall provide adequate emergency facilities and access.
Yes).
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d. Circulation systems shall be designed to promote smooth-flowing and
non-conflicting vehicular and pedestrian traffic. (Site circulation and
access improve with the proposed project).
e. The project shall provide adequate and well-landscaped parking and
ample drainage facilities. (Yes).
f. The project shall provide screening, as required, to separate different
land uses, minimize nuisances to and from adjacent property, and
guarantee convenient access to preserved open space. (Yes).
g. A property owners' association and covenants shall be established to
ensure that common areas are owned and maintained by Planned Unit
Development property owners. (Condition of approval).
h. All signs shall be appropriately integrated with the overall architectural
theme of the development. (Signage not proposed).
i. Pedestrian/bike paths shall provide safe, convenient routes within the
development and link with other systems on the perimeter of the site.
Unobstructed visibility shall be provided from and of these paths at
intersections. (Sidewalks are provided within the development and a
pedestrian path will be placed along the creek, which will eventually
connect to a path on the adjacenf motel property).
j. Recreational facilities shall comply with City standards, be made
available to residents, and shall be maintained by local property
owners. The project shall be designed to group dwellings around
common open space and/or recreational features. (The project has
placed a 3,980 square foof common open space lot adjacent to James
Way to act as a buffer instead of the middle of the project. A
homeowners association will maintain all common open space).
k. Planned Unit Development design must promote an attractive
streetscape and discourage monotonous streets dominated by asphalt,
concrete, garages, and cars. (The garages are side loaded for the
town homes and the condos face west towards the Sheppel 1 building
and away from the internal road. The proposed landscaping will soften
fhe proposed open parking areas, the open space parcel, the riparian
corridor, and the James Way ingress and egress).
I. Open space shall be provided in accordance with Table 16.32.050-C
and the following requirements (the project does not meet PUD open
space requirements; this issue is discussed further below):
i. The area of each parcel of common open space designed for
active recreational purposes shall be of such minimum
dimensions as to be functionally usable.
ii. Common open space parcels shall be located convenient to the
dwelling units they are intended to serve. However, because of
noise generation, they shall be sited with sensitivity to
surrounding development.
iii. Developed Common Open Space. The Planning Commission
and/or City Council (if project is appealed or Council is decision-
making body) may require the installation of recreational
facilities, taking into consideration:
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A) The character of the open space land;
B) The estimated age and the recreation needs of persons
likely to reside in the development;
C) Proximity, nature and excess capacity of existing
municipal recreation facilities; and
D) The cost of the recreational facilities.
iv. Undeveloped Common Open Space. As a general principle,
undeveloped open space should be left in its natural state. A
developer may make certain improvements such as the cutting
of trails for walking or jogging, or the provisions of picnic areas,
etc. In addition, the Planning Commission and/or City Council (if
project is appealed or Council is decision-making body) may
require a developer to make other improvements, such as
removing dead or diseased trees, thinning trees or other
vegetation to encourage more desirable growth, and grading
and seeding. (The Army Corps. of Engineers has r.equired
implemenfation of mifigation outlined in the Wetland Mitigation
Plan — Attachment B of the Initial Study).
v. The Planning Commission may permit minor deviations from
open space standards when it can be determined that:
A) The objectives underlying these standards can be met
without strict adherence to them; and/or
B) Because of peculiarities in the tract of land or the
facilities proposed, it would be unreasonable to require
strict adherence to these standards.
vi. Any lands dedicated for open space purposes shall contain
appropriate covenants and deed restrictions approved by the
city attorney ensuring that:
A) The open space area will not be further subdivided in
the future;
B) The use of the open space will continue in perpetuity for
the purpose specified;
C) Appropriate provisions will be made for the
maintenance of the open space; and
D) Common undeveloped open space shall not be turned
into a commercial enterprise admitting the general
public at a fee.
This will be a condition of approval).
vii. The type of ownership of land dedicated for common open
space purposes shall be selected by the developer, subject to
approval of the Planning Commission. Type of ownership may
include, but is not necessarily limited to, the following:
A) The city, subject to acceptance by the City Council;
B) Other public jurisdictions or agencies, subject to their
acceptance;
C) Quasi-public organizations, subject to their acceptance;
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D) Homeowner, condominium or cooperative associations
or organizations; or
E) Shared, undivided interest by all property owners in the
subdivision.
Proposed is a homeowners association, with the 25' creek setback
area to be irrevocably offered to the City as a dedication. The City
Council has the authority to either accept or reject the offer of
dedicafion).
viii.lf the open space is owned and maintained by a homeowner or
condominium association, the developer shall file a declaration
of covenants and restrictions that will govern the association, to
be submitted with the Planned Unit Development application.
The provisions shall include, but are not necessarily limited to,
the following:
A) The homeowners association must be established
before the homes are sold;
B) Membership must be mandatory for each homebuyer
and any successive buyer;
C) The open space restrictions must be permanent, not
just for a period of years;
D) The association must be responsible for liability
insurance, local taxes, and the maintenance of
recreational and other facilities;
E) Homeowners must pay their pro rata share of the cost,
and the assessment levied by the association can
become a lien on the property if allowed in the master
deed establishing the homeowners association; and
F) The association must be able to adjust the assessment
to meet changed needs.
This will be required as a condition of approval).
PUD standards require a mix of private and common open space in larger percentages
see table below) than the general development standards for mixed-use projects (350
square feet). However, the PUD standards do allow deviations from open space
standards when it can be determined that:
1. The objectives underlying the standards can be met without strict
adherence to them; and/or
2. Because of peculiarities in the tract of land or the facilities proposed, it
would be unreasonable to require strict adherence to these standards.
The primary objective of PUDs is to allow the creation of a more desirable environment
through the application of flexible and diversified land development techniques than
would be possible through strict application of conventional zoning standards. In this
case, the project introduces a residential use to the site that complements the Kennedy
Club Fitness center and is compatible with the other surrounding uses (motel and
condos). The design allows for private open space in the form of decks, patios, and
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small yards with a landscaped common open space area for picnics and sound buffer to
the adjacent street. The site is constrained by Meadow Creek, existing development,
access driveway, and other easements. Because the density requirements cannot be
waived through the PUD process, the project is further constrained by the OMU district
requirement to be within both the maximum (15 du/ac) and minimum (75% of maximum)
density. This level of density is difficult to achieve if PUD open space standards are
applied. The City Council will need to find that the PUD underlying objectives are met,
and/or the aforementioned site constraints are enough to warrant deviation from open
space requirements. Due to site constraints and underlying OMU zoning, then,
deviations from open space, lot size and lot width requirements are necessary.
Tabl 16.3 Open Space Require for Plan Unit Develop
3.' " _ ___ ._
Private open
Space
a (
average
s.f. per lot)
Common Open
Space
a (minimum
of project area)
sable
pace
a
minimum
o of
roject
rea)
General General 3 General General
Requirement Require ent Re uirement Re uirementj q 9
100-224 ,''' 225'499 33i3; 500-999 ; +1000
u r 3 -. ,
x_ s" 1 3
ave forproect is , 348 squa efeet) '35 .drz- - , ma_bNai.. , ux" ... .. _. _ .. .. . .... _ i .. _ _ . .. . ,.
See Section 16.04.070 for "Open Space" definitions.
General Plan.
The project is consistent with the following General Plan objectives and policies:
LU5: Community commercial, office, residential and other compatible land uses shall
be located in Mixed-Use (MU) areas and corridors, both north and south of the freeway,
in proximity to major arterial streets.
LU5-1: Provide for. a diversity of retail and service commercial, offices,
residential and other compatible uses that support multiple neighborhoods and the
greater community, and reduce the need for external trips to adjacent jurisdictions, by
designating Mixed Use areas along and near major arterial streets and at convenient,
strategic locations in the community. (The project site is wifhin walking disfance to
shopping and restauranfs wifhin the K-Mart shopping center and across Oak Park elvd.
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in the Pismo Beach commercial center. Kennedy Club Fitness provides recreational
amenities).
LU5-3: Ensure that all projects developed in the MU areas include
appropriate site planning and urban design amenities to encourage travel by walking,
bicycling and public transit. (Given its proximity to shopping and public transit, the
project encourages walking and/or cycling).
LU5-11: Promote a mixture of residential and commercial uses along Mixed
Use corridors including substantial landscaping and streetscape improvements. (The
project adds residenfial development fo existing and compatible office and recreational
uses. Proposed landscaping within the project area along James Way, within the open
space parcel and along the creek will enhance the overall look of the existing
commercial area).
Issues
Parking and access. One of the goals of the applicant in pursuing a Planned Unit
Development on this site was to not only provide parking that meets the needs of the
proposed project, but to address existing parking issues of the existing commercial
development. The existing parking and access concerns for the overall Plaza as
mentioned above have been addressed with the proposed development of Sheppel 3
and 4. Based on previous driveway and circulation analysis and safety concerns, the
final access design shows one ingress and egress driveway from James Way towards
the eastern property boundary, and an emergency access from James Way connecting
to the Kennedy Club Fitness Center parking area. This is the current access design,
which resolves the previous circulation concerns of providing two (2) driveways to the
project site. Improvements proposed to the existing access include widening and
providing a landscaped median to clearly separate the entrance and exit lanes. Another
proposed circulation improvement within the development is to reconfigure the central
parking island for safer turning movements.
A Parking and Traffic Study was prepared by Orosz Engineering Group, Inc. (OEG)
dated January 17, 2006 (see Attachment F of the Initial Study). According to the
parking study conducted for the existing uses on the site, a minimum of 162 parking
spaces are currently required with existing uses and 159 are provided (deficit of 3
spaces). With the requisite 51 spaces for the proposed project, the entire site would
need 213 spaces (162 + 51). As proposed, the project would provide 56 spaces in the
residential area in addition to the 162 existing spaces allocated for commercial uses.
The net five (5) surplus spaces (218 provided — 213 required) are intended to handle
the parking demand for the overall site, as shared with Sheppel 1& 2 and Kennedy
Club Fitness as well as Casa Grande/Bunnell.
Density. The density for the project is based on the above density equivalency table.
Although the project is considered "mixed-use" in the context of the entire Master Plan
area, the project itself only includes residential development. Hence, an allowed density
of fifteen (15) dwelling units per acre (du/ac) is applied. Given the site area, a total of
twenty-seven (27) units are allowed, and the minimum density is 75% of the maximum,
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or twenty (20) units. Based on the density equivalency calculation, twenty-four (24)
units are proposed (22 physical units), which is within both the maximum and minimum
density requirements.
It should be noted that the City's certified Housing Element (Table 15 - Preliminary
Housing Opportunity Sites Inventory) identified the project site as providing twenty-two
22) residential units. Certification by the State Department of Housing and Community
Development (HCD) was based on the City's ability to meet its regional housing needs,
which the City demonstrated in the Preliminary Housing Opportunity Sites Inventory
table.
Open space. Various definitions of open space are included in the Development Code.
These are listed below:
Open Space. "Open space" means land used for recreation, resource protection,
amenity, and/or buffers and dedicated, designed or reserved for public or private
use. Open space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and watercourses. Open space shall not be
deemed to include driveways, parking lots, or other surfaces designed or
intended for vehicular travel or areas covered by buildings or accessory
structures (except recreational structures).
Open Space, Common. "Common open space" means open space within a
project owned, designed and set aside for use by all occupants of the project or
by occupants of a designated portion of the project. Common open space is not
dedicated to the public and is owned and maintained by a private organization
made up of the open space users. Common open space includes common
recreation facilities, open landscaped areas, greenbelts, but excluding pavement
or driveway areas, or parkway landscaping within public right-of-way.
Open Space, Private. "Private open space" means usable open space which
adjoins and is directly accessible to a residential or nonresidential unit; may be
reserved for the exclusive use of the residents, owners or lessees of the unit and
their visitors, customers, or employees; and which is maintained by a private
entity. Private open space includes private patios or balconies and front, rear or
side yards on a lot designed for single-family detached or attached housing.
Open Space, Public. "Public open space" means open space that is accessible
and used by the general public for active or passive recreational purposes or
resource protection.
Open Space, Usable. "Usable open space" means outdoor or unenclosed area
on the ground, or on a roof, balcony, deck, porch or terrace, designed and
accessible for outdoor living, recreation, pedestrian access, or landscaping, but
excluding parking facilities, driveways, utility or service areas.
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The general development mixed-use standards allow for any combination of public or
private open space to meet the minimum 350 square foot open space requirement per
unit, and the Planned Unit Development standards are specific about the amount and
type of open space required in a project. As indicated in the project summary table, the
total amount of "open space" provided (as defined above) is 15,650 square feet, or an
average of 711 square feet per unit. Depending on whether the general development
mixed use standards or PUD standards are used, the project is either over the open
space requirement by a total of 6,550 square feet or under the requirement by a total of
15,677 square feet (see common and usable open space table above). As mentioned
above, the PUD standards do allow deviations from open space standards. .
Building height. Building height is measured as the vertical distance between the
average of highest and lowest points of natural grade under a building to the highest
point of the structure. The proposed height of the condominiums is two (2) feet above
the thirty-five foot (35') maximum height in the OMU district, requiring a Minor
Exception. The purpose of the two-foot (2') height increase is to provide for the
enclosed stair and walkway to the upper roof deck. This is a creative method of
providing additional private open space in a mixed-use environment. The alternative
would be to remove the stairs, which would reduce the height, but the project would lose
2,080 square feet of private open space.
Setbacks. The project meets all applicable setbacks for the OMU district.
Affordable housing. The .project is subject to the inclusionary policies of the Housing
Element, which requires 15% of the units to be restricted to families earning a
moderate-income level as defined in the County's Affordable Housing Standards. With
twenty-two (22) units proposed, the project is required to restrict 3.3 units to the
moderate-income level. The applicant is proposing to restrict four (4) units to the
moderate-income level.
Top of Stream Bank Determination. On July 10, 2001 the City adopted Ordinance No.
527 to expand the City's creek dedication requirement for discretionary projects to
include a twenty-five foot (25') setback area from the top of stream bank for Meadow
Creek and its tributaries for the purpose of preservation and protection of riparian and
biological habitats. Previously, this requirement was for ,projects abutting Arroyo
Grande Creek and its tributaries only. The Ordinance offers no specific criteria for
determining "top of stream bank". Therefore, this determination must be performed
based on site-specific conditions.
The applicant provided a top of bank study conducted by Triad/Holmes Associates that
identifies the top of bank at the seventy-one foot (71') elevation line (see Attachment A
of the Initial Study). Based on a field survey, the bank constraining Meadow Creek to its
channel is on the easterly side (across from the project site) because of its lower
elevation. Hence, Meadow Creek would start to overflow on the easterly side of the
creek at the 71' elevation mark. Given this determination, the applicant requested that
the twenty-five foot (25') creek setback commence at this 71' elevation, allowing the
proposed structures to be well outside the setback line.
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During the Pre-Application discussion, the consensus of the City Council was that the
71' elevation serves as the top of bank for this particular project. Therefore, the
applicant proceeded with design, and staff has processed the formal applications,
based on this direction and determination.
This site is unique due to the significant amount of previous grading that occurred many
years ago in anticipation of future development. As a result, the natural topographical
top of bank was extensively altered and the area above the proposed top of bank is
largely a manufactured extension of the natural bank. Staff recommends that this
hydraulic method be used to measure the top of bank in this case.
The City is currently preparing a comprehensive study to determine how creek setback
requirements will be interpreted and regulated in the future. However, when the study
was initiated and existing moratorium was established, it was determined that it would
not apply to projects already in the process with completed and accepted applications.
Therefore, because this project has been in process for over a year, it is not subject to
the City's Interim Urgency Ordinance.
Creek setback and Pedesfrian trail. Section 16.64.060(R) of the Development Code
states the following regarding creek dedications: "For any subdivision or parcel map or
development project requiring discretionary review abutting the Arroyo Grande Creek,
including its tributaries (Tally Ho Creek, Spring Creek, Newsom Springs Creek and Los
Berros Creek), or Meadow Creek, including its tributaries, the subdivider or developer
shall dedicate to the city all the area that includes the stream bed and twenty-five (25)
feet back of the stream bank, areas designated as environmentally sensitive based on a
biology report prepared by a qualified biologist or other appropriate areas mutually
acceptable for the purposes of "open space," flood control or "green belt." Exceptions to
the requirements established in this subsection can be made only upon a finding that its
application would violate federal or state law."
The purpose of the setback requirement is to protect biological resources, help prevent
erosion and sedimentation (flood control), provide open space amenities, and where
feasible, to provide for passive recreational opportunities such as pedestrian trails.
Because the City already owns the portion of creek abutting the project site, the project
will be conditioned to dedicate to the City the 25' creek setback area. As previously
mentioned, the City required an easement on the property within the 25' setback to
allow for a pedestrian trail.
The creek setback study being prepared is intended to clarify the intent, goals and
future application of the City's creek setback policies. One of the original goals of the
setback requirement was to establish pedestrian trails, which this project will provide.
Environmental Review. The Initial Study (Attachment 7) addresses environmental
issues in the following categories: Aesthetics, Air Quality, Biological Resources,
Cultural Resources, Geology and Soils, Noise, Public Services/Utilities, Recreation,
Transportation/Circulation, Wastewater and Hydrology and Water Quality. Please refer
to this document for detailed discussion.
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Architectural Review Committee (ARC
The ARC considered the project on December 5, 2005 (see Attachment 8 for meeting
notes). The Committee discussed the possibility of live-work units (possible, buf not
required), whether a homeowners association would maintain common areas (yes),
Creek setback, pedestrian trail along the creek, building colors and materials, parking
and landscaping (suggested reducing the number of spaces in-lieu of more
landscaping), porous paving, location of common lot area and visual impact of the third
floor stairway. The ARC recommended the following changes:
1. Tone down the two purple colors. (Applicant agreed).
2. Change the native California Sycamore to London Plane Sycamore, subject
to Army Corps. of Engineers approval. (Applicanf agreed pending Corps.
approval).
3. Provide more landscaping in the three islands where the cantilevered
building projects out. (Applicant agreed, but only if parking is unaffecfed).
4. Plant two Liquidambars in the diamonds on the north side of the condos.
Applicant agreed).
5. Change the Flax plants to Pittosporum and change the planter area to project
as far as possible into the parking space on the west side of the condos on
either side of garage doors. (Applicant agreed).
6. Develop design alternatives for the third story stairway housing, so it is not as
massive and return to ARC for review prior to building permit application.
Applicant did nof agree, as it would require a complete redesign of the
project. The stair enclosure provides access to the roof decks and privacy
from fhe office buildings. Privacy is important in mixed-use projects, and
necessary if the owners are to utilize the roof decks. Removing the
enclosure requires rerrioving the stairs, and therefore removing the roof
decks).
7. Return with landscape plans before building permit is issued. (Applicant
agreed).
8. Provide porous pavers in the driveways between garages of the town homes.
Project is conditioned to use decorative paving in the private driveways.
Porous pavement is precluded in the access driveway and common parking
areas due to site soi/s conditions).
9. Match the color on the ends of the condo building towers to the main body of
the buildings, so the cantilever effect is de-emphasized. (Applicant has
already made this change, as shown in the booklets the Commissioners
received under separate cover).
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Attachments:
1. City Council Meeting Minutes of July 27, 20042. Pre-Application No. 04=011 Site Plan and Site Section3. Top of Bank Exhibit and Cross Sections
4. Letter from Earth Systems Pacific dated February 15, 20065. Letter from Earth Systems Pacific dated February 16, 20066. Planning Commission Meeting Minutes of February 21, 20067. Initial Study with Attachments A— H
8. Architectural Review Committee Meeting Notes of December 5, 2005
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: SUPPLEMENTAL INFORMATION
AGENDA ITEM 9.a. – JANUARY 28, 2014 CITY COUNCIL MEETING
CONDITIONAL USE PERMIT
DATE: JANUARY 27, 2014
Attached is correspondence received today regarding Conditional Use Permit 13-003
for Farmer’s Market in the Village.
cc: City Manager
City Attorney
City Clerk
Public Review Binder
January 26, 2014
Arroyo Grande City Council
c/o tmcclish@arroyogrande.org
RE: Conditional Use Permit, Village Farmers’ Market
Dear Council,
With regard to the hearing on January 28, 2014 related to item 9.a., it’s about time a land
use permit be put in place for the use of the City owned grass areas, parking areas and
Olohan Alley for the Saturday Farmers’ Market.
The first concern I have relates to public safety, I attended the Olohan Alley Farmers’
Market a few weeks ago and found a very narrow opening for the public to enter at the
west end of the market, there was a decorated cardboard box obstructing the isle directing
patrons attention to an artist booth outside of the market area in the grassy section under a
large tree. The google Earth image shows vendors less than 10 ft. apart, leaving a very
narrow pathway for emergency vehicles.
Additionally, I witnessed a slow‐moving elderly woman using a four‐wheel walker, who
had parked across Mason Street in the City Hall parking lot, cutting across Mason Street
without using the crosswalk at East Branch Ave. Traffic was entering the area in which she
was crossing just as she moved out of the path of the oncoming car. Had the woman been
hit by a car, I believe the liability would be on the City for not providing a safe crossing to
the weekly event.
I also witnessed dogs in the market area which I know to be a strict violation of the Health
Dept. rules for Farmers’ Markets. I could not identify anyone in charge to bring my
concerns to.
If the Farmers’ Market paid a fee for use of the area perhaps the City could apply those fees
to their liability insurance to cover the cost of an accident, should there be one.
Additionally, I would think the City would want to cover the cost to stock and clean the
restroom facilities that are used by patrons and venders alike.
After reading the staff report for the Tuesday night item, it occurs to me that local vendors
should take precedent over all others. It is difficult to know where the produce and
artisans are from, few offer signage that states their home base. As a longtime local, I
would much prefer to support local business over those who come from all parts of
California bringing wares from who knows where.
I also find it interesting the aerial provided by City staff (Exhibit B‐1 in the staff packet)
comes from Google Earth image taken in 2011 on a day when Farmers’ Market is not in
session. You are not able to see how the area surrounding Olohan Alley is impacted by the
weekly Farmers’ Market. (See the 2014 aerial image attached to this correspondence). You
have several correspondences from local businesses that have suffered impacts from the
loss of parking for their customers.
I did notice that staff is recommending the City share the cost of temporary traffic control
devices with VIA and the Harvest Festival. I don’t know why the Harvest Festival would
have an equal share since their event is just once a year. I also noticed correspondence
from Peter Jankay, but I see no correspondence from the applicant, VIA representative Bob
Lund to say whether or not the non‐produce vendors are local. I also note that the hours of
inconvenience related to closing the parking lot and Olohan Alley are from 8:00am –
2:30pm, when the market opens at noon.
Thank you for taking these concerns into consideration,
Sincerely,
Julie Tacker, P.O. Box 6070, Los Osos, CA 93412
Ff
i ffi ,
Attached is correspondence received today regarding the Conditional Use Permit for
Farmer's Market.
c: City Manager
City Clerk
City Attorney
Public Review Binder
Kelly Wetmore
From:
Teresa McClish
Sent:
Tuesday, January 28, 2014 8:01 AM
To:
Steve Adams; Kelly Wetmore
Cc:
Kelly Heffernon
Subject:
FW: keeping AG farmers' market local
Additional correspondence.
Teresa McClish, AICP
Director of Community Development
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93421
(805) 473 -5420
fax (805) 473 -5489
tmcclish@arroyogrande.org
- - - -- Original Message---- -
From: Elizabeth Sine [mailto:esine(@ucsd.edu]
Sent: Monday, January 27, 2014 7:37 PM
To: Teresa McClish; Kelly Heffernon; Tony Ferrara; Joe Costello; Jim Guthrie; Tim Brown;
Kristen Barneich
Subject: keeping AG farmers' market local
Dear Arroyo Grande Council Members,
We write to you as SLO county residents, eager supporters of local farmers and local produce
markets, and as people who hope that you will support the efforts in motion to secure our
local farmers' markets as venues for the sale of local produce by local farmers. The absence
of any regulation regarding who can sell produce at these markets, and the absence any
signage or information regarding where vendors and their products are coming from, not only
makes it difficult for consumers who want to buy local; it threatens to undermine local
farms, especially those or relatively small scale, who are being forced to compete with
larger producers from elsewhere in an ostensibly "local" farmers' market.
To treat the farmers' market as an exception to AG's Buy Local policy means allowing the
farmer's market to ultimately become an open air supermarket. We have more than enough
supermarkets. To make the farmers'
market a place that gives priority to local farmers, however, means supporting local farms,
the local economy, and local people.
Thank you,
Elizabeth and Nicholas Sine
SUPPLEMENTAL INFORMATION
AGENDA ITEM 9.a. — JANUARY 28, 2014 CITY COUNCIL MEETING
CONDITIONAL USE PERMIT CASE NO. 13-003; FARMERS' MARKET
IN THE VILLAGE
Staff has prepared the following recommended condition in order to establish a priority
for locally grown produce, which the San Luis Farmers' Market Association has agreed
to:
"When filling a vacancy in the certified farmers' portion of the market for a specified type
of produce, farmers from San Luis Obispo and Santa Barbara Counties will have priority
over those from other areas as long as they are able to meet the San Luis Obispo
County Farmers' Market Association requirements for volume, quality, variety and
participation."
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