CC 2015-07-28_08l Vista Del Mar Open Space EasementMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATT HORN, CITY ENGINEER
SUBJECT: CONSIDERATION OF ACCEPTING OPEN SPACE EASEMENT AT THE
HEIGHTS AT VISTA DEL MAR – TRACT 3048
DATE: JULY 28, 2015
RECOMMENDATION:
It is recommended the City Council accept an Open Space Easement at the Heights at
Vista Del Mar – Tract 3048.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There are no cost impacts associated with this action.
BACKGROUND:
The Heights at Vista Del Mar is a 24 lot subdivision located at the end of Castillo Del
Mar behind Arroyo Grande High School.
This area is a remainder parcel of the previously approved and constructed Tract 2207
Item 8.l. - Page 1
CITY COUNCIL
CONSIDERATION OF ACCEPTING AN OPEN SPACE EASEMENT AT THE
HEIGHTS AT VISTA DEL MAR – TRACT 3048
JULY 28, 2015
PAGE 2
located in the County of San Luis Obispo outside of the City Limit. Since this property
is located in the County of San Luis Obispo outside the City Limits, this parcel is
required to be annexed into the City Limits through the San Luis Obispo Local Agency
Formation Commission (LAFCO). The open space easement will restrict development
and future uses of the property shown below with the green shading.
ANALYSIS OF ISSUES:
This item was last before City Council on April 8, 2014 in order to initiate the
annexation (see attachment 3) of Tract 3048. In order to complete this annexation, an
open space easement must be accepted by the City of Arroyo Grande. Once
accepted, LAFCO will continue the annexation process and file the annexation
documents with the State Board of Equalization. Currently the applicant has approved
Public Improvements Plans and is constructing the improvements to service this
subdivision. Once the annexation is complete, and the final map is complete, the map
will be recorded.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Approve staff recommendations;
Item 8.l. - Page 2
CITY COUNCIL
CONSIDERATION OF ACCEPTING AN OPEN SPACE EASEMENT AT THE
HEIGHTS AT VISTA DEL MAR – TRACT 3048
JULY 28, 2015
PAGE 3
Do not approve staff recommendations;
Provide direction to staff.
ADVANTAGES:
This action is consistent with and substantially conforms to conditions of approval for
the vesting tentative map, and its approval is required by law.
DISADVANTAGES:
None.
ENVIRONMENTAL REVIEW:
City Council has reviewed this project in compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and
Procedures for implementation of CEQA and adopted a Mitigated Negative Declaration
on March 25, 2014.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, July 23, 2015. The Agenda
and staff report were posted on the City’s website on Friday, July 24, 2015. No public
comments were received.
Attachments:
1. Council Agenda Memo – April 8, 2014
Item 8.l. - Page 3
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING AN OPEN SPACE
EASEMENT; LOCATED AT THE HEIGHTS OF VISTA DEL
MAR (LOT 24 AND PORTIONS OF LOTS 3, 4, 5, 6, 7, 8, 9,
AND 10)
WHEREAS, the preservation of the land as open space is consistent with the General
Plan of the City; and
WHEREAS, the preservation of the land as open space is in the best interest of the City
and is important to the public for the enjoyment of scenic beauty; and
WHEREAS, the land is essentially unimproved and if retained in its natural state has
scenic value to the public; and
WHEREAS, it is in the public interest that the land be retained as open space because
such land will help preserve the rural character of the area.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve the Open Space Easement Agreement as set forth in
"Exhibit A" attached hereto granting an Open Space Easement to the City of Arroyo
Grande, on Lot 24 and portions of Lots 3, 4, 5, 6, 7, 8, 9 and 10, Tract 3048, and
authorizes the Mayor to execute the Agreement.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 28th day of July 2015.
Item 8.l. - Page 4
RESOLUTION NO.
PAGE 2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
ROBERT MCFALL, INTERIM CITY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
Item 8.l. - Page 5
1
RECORDING REQUESTED BY:
City of Arroyo Grande
AND WHEN RECORDED MAIL TO:
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, Ca 93420
_____________________________________________________________________
APN: 075-021-026 and 075-021-042
OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT
TO THE CITY OF ARROYO GRANDE
Remainder Parcel of Tract 2207
CITY OF ARROYO GRANDE, CALIFORNIA
THIS AGREEMENT (“Agreement”) is made on ______________, 2015, by and between
THE HEIGHTS AT VISTA DEL MAR GROUP, LLC, a California limited liability company,
hereinafter referred to as “Owner,” and the CITY OF ARROYO GRANDE, a municipal
corporation, hereinafter referred to as “City.”
Owner is the record owner of certain real property (hereinafter referred to as the
“Owner’s Property”) located in the City of Arroyo Grande, County of San Luis Obispo, State of
California, which includes a portion to which this Agreement applies, namely, the Remainder of
Parcel of Tract 2207, defined by meets and bounds description and depiction on Exhibit A,
attached hereto (“Open Space Easement Area”).
As a condition precedent to the approval of a final subdivision map identified as Tract
3048 by the City (“Final Map”), the Owner is required to enter into an agreement with the City,
on behalf of the Owner and its successors in interest, whereby the Owner grants an open-space
EXHIBIT A
Item 8.l. - Page 6
2
easement to the City for the benefit of the public, including for the benefit of the lots being
created in upon subdivision through Tract 3048.
Owner intends that the restrictions contained in this Agreement shall apply only to that
portion of Tract 3048, described in Exhibit A, as the Open Space Easement Area.
Execution of this Agreement by Owner and City, and the subsequent performance by
Owner and its successors in interest, shall satisfy the requirement for dedication of an open-space
easement made a condition of approval of Tentative Tract Map 3048.
The City has determined that the Open Space Easement Area has certain natural scenic
beauty, including native trees, and existing openness, and both Owner and City desire to preserve
and conserve for the public benefit the great natural scenic beauty, including native trees, and
existing openness, natural condition and present state of use of the Open Space Easement Area.
Owner is willing to grant to the City an easement for the scenic use, as hereinafter
expressed, of the Open Space Easement Area of Owner’s Property, to protect the present scenic
beauty, including native trees, and existing openness of the Open Space Easement Area by
restricting the use of the Open Space Easement Area by Owner and its successors and assigns
through the imposition of the conditions hereinafter expressed.
Both Owner and City intend that the terms, conditions, and restrictions of the open-space
easement granted in this Agreement are in compliance with Government Code Sections 51070
through 51097, inclusive, hereinafter referred to as the “Open-Space Easement Act of 1974,” so
as to be an enforceable restriction under the provisions of the California Revenue and Taxation
Code Section 422.
Item 8.l. - Page 7
3
Owner has supplied City with a current title company preliminary title report or
preliminary subdivision guarantee listing all trust deed beneficiaries and mortgagees, if any,
under prior recorded deeds of trust and mortgagees on Owner’s Property.
NOW THEREFORE, in consideration of the foregoing recitals and in compliance with
the provisions of the Open-Space Easement Act of 1974, and in further consideration of the
mutual promises, covenants and conditions herein contained and the substantial public benefits
to be derived therefrom, the parties hereto agree as follows:
1.Grant of Open-Space Easement. Owner hereby grants to City, for the term
specified in Section 8 below, an open-space easement over the Open Space Easement Area of the
Owner’s Property. The open-space easement granted herein conveys to the City an estate and
interest in real property of the nature and character specified in the Open Space Easement Act of
1974, which is subject to the express conditions and restrictions imposed herein upon the use of
the Open Space Easement Area by Owner and its assigns. Accordingly, Owner covenants on
behalf of itself, its successors and assigns, with the City, its successors and assigns, to do and
refrain from doing, severally and collectively, upon Open Space Easement Area, the various acts
hereinafter agreed.
2.Restrictions on Use of the Open Space Easement Area. The restrictions imposed
upon the use of the Open Space Easement Area on the Owner and its successors in interest and
the acts which Owner and its successors in interest shall refrain from doing, and permit to be
done, upon the Open Space Easement Area are as follows:
(a) No buildings, structures, grading, filling, or other improvements shall be
placed, constructed, or erected upon the Subject Property except as may be required for City
Item 8.l. - Page 8
4
approved infrastructure (e.g. drainage, sewer, water, roads) or other safety purposes, and except
as otherwise authorized by the approved subdivision map referred to above.
(b) No advertising of any kind or nature shall be located on or within the Open
Space Easement Area, except for advertising related to the initial sale of the lots created by the
final subdivision map referred to above.
(c) Owner shall not cut, injure or remove any vegetation from the Open Space
Easement Area except for fire protection, elimination of diseased growth, and similar protective
measures as approved by City.
(d) Except as determined necessary by City for the construction, alteration,
relocation, and maintenance of tract improvements, including drainage facilities, as shown on the
approved final subdivision map improvement plans referred to above or for City approved
infrastructure, the general topography of the landscape shall not be modified from its present
condition and, no other grading, excavation, or topographic changes shall be made.
(e) No use of the Open Space Easement Area which will or does materially alter
the landscape or other attractive scenic features of said property, other than those specified
herein, shall be done or suffered.
(f) Owner shall not extract natural resources from the Open Space Easement
Area if surface entry is required.
(g) Owner shall not cut timber, trees, or other natural growth, except as may be
required for fire protection, elimination of diseased growth, and similar protective measures as
approved by City, tract improvements (including drainage) as shown on the final improvement
plans for said tract and City approve infrastructure.
Item 8.l. - Page 9
5
(h) Owner shall not use the Open Space Easement Area or any portion thereof
as a parking lot, storage area, or dump site or otherwise deposit or allow to be deposited on the
Open Space Easement Area or any portion thereof, temporarily or otherwise, anything
whatsoever which is not indigenous or natural to the Open Space Easement Area.
(i) Owner shall not cover or cause the Open Space Easement Area to be
covered in whole or in part with any asphalt, stone, concrete, or other material which does not
constitute natural cover for the land, nor otherwise disturb the natural cover of the land unless
otherwise authorized by the provisions of this Agreement.
(j) No further land division of the Open Space Easement Area shall occur or be
applied for by Owner or its successors in interest, nor shall Owner or its successors in interest
otherwise convey (other than under threat of condemnation) a portion of the Open Space
Easement Area less than the whole to one or more parties or convey such area to two or more
parties each of whom acquire title to less than the whole of the Open Space Easement Area. Any
such conveyance or transfer of the Open Space Easement Area or a portion thereof by Owner or
its successors in interest shall be considered null and void.
(k) If irrigation is installed, Owner shall limit water use for irrigation on the
Open Space Easement Area to drip irrigation systems, and shall comply with all other provisions
of the Water Efficient Landscape Requirements set forth in Section 16.84 of the City of Arroyo
Grande Development Code.
3. Reservations of Use and Maintenance by Owner. Notwithstanding the provisions
of Section 2 above, and excepted from this grant and expressly reserved to Owner, its successors
and assigns and The Heights at Vista Del Mar Homeowners Association, a California non-profit
mutual benefit corporation consisting of the adjacent property owners (“Association”), is the
Item 8.l. - Page 10
6
right to enter upon the Open Space Easement Area as required to make improvements authorized
by the Final Map 3048 and any amendments or modifications thereto approved by the City.
Also excepted from this grant is the Association’s right to enter upon the Open Space Easement
Area to maintain such area in accordance with this Agreement.
4. Compliance with City Regulations. Land uses permitted or reserved to Owner in
this Agreement are subject to all City ordinances and regulations, including those regulating land
use.
5. Construction of Improvements. Owner shall not construct or permit the
construction of any improvements within the Open Space Easement Area as expressly reserved
herein or as authorized in the Open-Space Easement Act of 1974. Provided, however, nothing
contained in this Agreement shall prohibit the construction, maintenance and repair of
improvements required as shown on the final improvement plans for Tract 3048 or other City
approved infrastructure.
6. No Authorization for Public Trespass. The grant of easement contained herein
and its acceptance by the City does not authorize and is not to be construed as authorizing the
public or any member thereof not having a real property interest in the Open Space Easement
Area to trespass upon or use the Open Space Easement Area or as granting to the public or any
member thereof any tangible rights in or to the Open Space Easement Area or the right to go
upon or use or utilize the Open Space Easement Area in any manner whatsoever. The parties
agree the purpose of this Agreement is solely to restrict the uses to which the Open Space
Easement Areas of the Owner’s Property so that the Open Space Easement Area may be kept as
near as possible in its natural condition for the benefit of the public, including for the benefit of
the lots being created by the Final Map 3048.
Item 8.l. - Page 11
7
7. Effect on Prior Easements. Nothing contained in this Agreement shall limit or
affect any easements that are of record and that have been heretofore granted by Owner on, over,
under, or across the Owner’s Property, including the Open Space Easement Areas or any portion
thereof.
8. Duration of Easement. The grant of easement to the City contained in this
Agreement shall be effective when it has been approved and accepted by resolution of the City
Council in the manner required by law, and it shall remain in effect in perpetuity unless
abandoned or otherwise terminated by the City Council in accordance with the provisions of the
Open-Space Easement Act of 1974.
9. Enforceable Restriction. Upon acceptance of the open-space easement granted
herein, the portion of Owner’s Property included within the Open Space Easement Area shall be
deemed to be “enforceably restricted” within the meaning of Section 422 of the California
Revenue and Taxation Code and Section 8 of Article XII of the Constitution of the State of
California.
10. Binding on Successors in Interest. All provisions of this Agreement shall run
with the land described herein and shall be binding on the parties hereto and their heirs, assigns,
and successors in interest.
11. Effect of Waiver. The City’s waiver of the breach of any one term, covenant, or
provision of this Agreement shall not be a waiver of a subsequent breach of the same term,
covenant, or provision of this Agreement or of the breach of any other term, covenant, or
provision of this Agreement.
Item 8.l. - Page 12
8
12. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity,
either to restrain a violation or an attempted violation or by suit to recover damages against any
person or persons violating or attempting to violate any covenant or restriction contained herein.
13. Law Governing and Venue. This Agreement has been executed and deliver in,
and shall be interpreted, construed, and enforced pursuant to and in accordance with the law of
the State of California. All duties and obligations of the parties created hereunder are
performable in the County of San Luis Obispo, and such County shall be the venue for any
action or proceeding that may be brought, or arise out of, in connection with or by reason of this
Agreement.
14. Enforceability. If any term, covenant, condition, or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
or the provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
15. Notices. Unless otherwise provided, all notices herein required shall be in
writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices
required to be given to City shall be addressed as follows: Director of Community Development,
City of Arroyo Grande, 300 E. Branch, Arroyo Grande, CA 93420. Notice required to be given
to Owner or Association shall be addressed as follows: The Heights at Vista Del Mar Group,
LLC, or the Heights at Vista Del Mar Homeowners Association at the addresses used for their
registered agents for service of process as listed in the records of the California Secretary of State
from time to time. Provided that any party may change such address by notice in writing to the
other party, and thereafter notices shall be addressed and transmitted to the new address.
Item 8.l. - Page 13
9
16. Subordination. The trust deed beneficiaries and mortgagees, if any, listed on the
preliminary title report or preliminary subdivision guarantee referred to the above, and whose
signatures are affixed hereto, do hereby assent to this Agreement and, further, do hereby
subordinate their respective interests to the restrictions and obligations imposed herein.
17. Agreement to be Recorded. Owner and City intend and consent to the recordation
of this Agreement in the office of the county Recorder of the County of San Luis Obispo.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the day and year first above written.
OWNER:
The Heights at Vista Del Mar Group, LLC,
a California limited liability company
By: Innovative Housing Solutions, Inc.,
a California corporation
Its: Manager
By: ____________________________________
Jason Blankenship, Its: President
CITY OF ARROYO GRANDE:
By: ___________________________________
Jim Hill, Mayor
ATTEST:
By:__________________________________
Kelly Wetmore, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:___________________________________
Heather Whitham, City Attorney
APPROVED AS TO CONTENT:
By:__________________________________________
Teresa McClish, Community Development Director
Item 8.l. - Page 14
10
TRUST DEED BENEFICIARIES and/or MORTGAGES
__________________________________________
By:
Title: ________________________________
__________________________________________
By:
Title: _________________________________
Item 8.l. - Page 15
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _______________________
On ___________________, before me, ______________________________________, Notary Public,
personally appeared _________________________________, who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
__________________________________ (Notary Seal)
Signature of Notary Public
Item 8.l. - Page 16
Exhibit 'A' Sheet 1 of 2
That portion of the Remainder Parcel of Tract 2207 according to the map filed
July 17, 2000 in Book 19 of Maps at Page 26 in the Recorder's Office of San Luis
Obispo County, in the State of California, LYING NORTHERLY AND EASTERLY OF
THE FOLLOWING DESCRIBED LINE:
Commencing at the north corner of said Parcel, said corner bearing North
56°22'46" East a distance of 1305.36 feet from the west corner of said Parcel;
thence along the northwesterly line of said Parcel South 56°22'46" West a
distance of 883.24 feet to the TRUE POINT OF BEGINNING;
thence leaving said northwesterly line South 60°10'59" East a distance of 213 .78
feet;
thence South 73°10'42" East a distance of 597 .57 feet;
thence North 87°03'49" East a distance of 135 .69 feet;
thence North 68°55'08" East a distance of 97 .13 feet;
thence South 54°59'53" East a distance of 140.36 feet;
thence South 52°21 '56" East a distance of 184.24 feet;
thence South 39°16'43" East a distance of 111.54 feet;
thence South 63°32'54" East a distance of 270.54 feet to the point of termination
on the southeasterly line of said Parcel , said point bearing North 55°22'24" East a
distance of 1308.75 feet from the southerly corner of said Parcel.
The attached Exhibit "A" Sheet 2 of 2 is made part of this description.
Marc Dakos, LS 8769
Professional Land Surveyor
(Date)
Item 8.l. - Page 17
EXHIBIT "A"
SHEET 2 OF 2
POC
o· 320' 640'
SCALE 1 "= 320
www.DakoslandSurveys.com
... C!Es -:r -:· ... < ·· · ... : ... :. :--: ~I? .....
...... ··•· ·•. /!JED
...... .... · · · ···· • :P:A .n ::
.· . -::· '_' C£.{::. S73°10'42"E 597.57'
LEGEND
N87°03'49"E 135.69 ' -----
N68055'08"E 97.13'
S54°59'53"E 140.36'
s52°21 '56"E 184.24'
S39°16'43"E 111.54'
REMAINDER PARCEL S63°32'54"E
TRACT 2207
19/MB/26
POC =POINT OF COMMENCEMENT
TPOB =TRUE POINT OF BEGINNING
OF DESCRIBED LINE
POT = POINT OF TERMINATION
OF DESCRIBED LINE
POT
Item 8.l. - Page 18
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: nrl'1 KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE TO PREZONE A
48.74 ACRE PROPERTY ADJOINING THE CITY IN THE VICINITY OF
CASTILLO DEL MAR AND A RESOLUTION FOR INITIATION OF
PROCEEDINGS FOR THE ANNEXATION OF TERRITORY;
DEVELOPMENT CODE AMENDMENT 14-003; APPLICANT -HEIGHTS
AT VISTA DEL MAR GROUP, LLC
DATE: APRIL 8, 2014
RECOMMENDATION:
It is recommended the City Council: 1) Adopt an Ordinance to prezone a 48.74-acre
property adjoining the City in the vicinity of Castillo Del Mar; and 2) Adopt a Resolution
for initiation of proceedings for the annexation of territory.
FINANCIAL IMPACT:
The proposal will have impacts on staff time related to proceedings necessary for
annexation approval through the Local Agency Formation Commission (LAFCO). The
applicant will be responsible for paying all costs pursuant to the Memorandum of
Understanding (MOU) as well as LAFCO application fees related to the proposed
annexation .
BACKGROUND:
Attachment 1
Item 8.l. - Page 19
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE TO PREZONE A 48.74 ACRE
PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR AND A
RESOLUTION FOR INITIATION OF PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY; DEVELOPMENT CODE AMENDMENT 14-003; APPLICANT -HEIGHTS
AT VISTA DEL MAR GROUP, LLC
APRIL 8, 2014
PAGE2
On March 25, 2014 the City Council took preliminary action to annex the project site by
adopting a Resolution changing the land use designation from County Residential
Suburban (RS) to City Low Density (LO) residential and introducing an-Ordinance to
prezone the property to Residential Hillside (RH). The next steps in the process for
annexation include: 1) adopting the Ordinance, and 2) adopting a Resolution of
application to LAFCO, which includes a Plan for Services.
ANALYSIS OF ISSUES:
The proposed Resolution lays out the requirements for annexing property according to
the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000. The
conditions include that the applicant complies with the California Environmental Quality
Act (CEQA) and approve a Plan for Services. The Council adopted a Mitigated
Negative Declaration on March 25, 2014 for General Plan Amendment 14-001 and
Development Code Amendment 14-003. The proposed Plan for Services is included as
Exhibit "C" of the attached Resolution.
If LAFCO approves the annexation, the land use designation of the subject property will
change from County Residential Suburban (RS) to City Low Density (LO) residential,
and the property will be zoned Residential Hillside (RH). LAFCO requires that the City
prezone the property prior to formal annexation. Adopting the Ordinance fulfills this
requirement.
ALTERNATIVES:
The following alternatives are offered for Council's consideration:
-Approve staff's recommendations and adopt an Ordinance to prezone the subject
property for the purpose of annexation, and adopt a Resolution to initiate
proceedings for the annexation of territory.
Do not adopt the Ordinance or Resolution.
Provide direction to staff.
ADVANTAGES:
Annexation of the property and development of the project will result in access
improvements that will help relieve congestion related to high school traffic and enable
the City to better manage use of groundwater within the basin. Approval of the
recommendations for the purpose of annexation also has the benefit of providing the
City with additional impact fee revenue.
Attachment 1
Item 8.l. - Page 20
CITY COUNCIL
CONSIDERATION OF ADOPTION OF AN ORDINANCE TO PREZONE A 48.74 ACRE
PROPERTY ADJOINING THE CITY IN THE VICINITY OF CASTILLO DEL MAR AND A
RESOLUTION FOR INITIATION OF PROCEEDINGS FOR THE ANNEXATION OF
TERRITORY; DEVELOPMENT CODE AMENDMENT 14-003; APPLICANT -HEIGHTS
AT VISTA DEL MAR GROUP, LLC
APRIL 8, 2014
PAGE3
DISADVANTAGES:
The City will be responsible for additional road maintenance costs within the project
boundaries should the property be annexed. Water conservation offsets from retrofitting
large facilities will be used.
ENVIRONMENTAL REVIEW:
City Council has reviewed this project in compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and
Procedures for implementation of CEQA and adopted a Mitigated Negative Declaration
on March 25, 2014.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, April 3, 2014. The agenda and
staff reports were posted on the City's website on Friday, April 4, 2014. No public .
comments were received as of the time of preparation of this report.
Attachment 1
Item 8.l. - Page 21
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE PREZONING A 48.74-ACRE PROPERTY ADJOINING THE
CITY IN THE VICINITY OF CASTILLO DEL MAR (APN 075-021-026)
FOR THE PURPOSE OF ANNEXATION (DEVELOPMENT CODE
AMENDMENT 14-003); APPLICANT -THE HEIGHTS AT VISTA DEL
MAR GROUP, LLC
WHEREAS, in 1990, the City of Arroyo Grande (the "City") appealed a Mitigated
Negative Declaration for a 16-lot residential subdivision (VTTM 1789 -Busick Tract)
located at the southeast terminus of Castillo Del Mar for the reason of traffic impacts;
and
WHEREAS, in 1994, the County of San Luis Obispo (the "County") required that an
Environmental Impact Report (EIR) be prepared for VTTM 1789; and
WHEREAS, in May 2006, the City entered into a Memorandum of Understanding
(MOU) with the Lucia Mar Unified School District (the "District"), J.H. Land Partnership
(the applicant for VTTM 1789) and John Taylor (agricultural land owner) to enable the
City to accomplish an extension of Castillo Del Mar to Valley Road to improve
circulation; and
WHEREAS, in June 2008, the County adopted an EIR and approved VTTM 1789; and
WHEREAS, the MOU was amended in January 2007, April 2007, April 2008, December
201 O and August 2013; and
WHEREAS, VTTM 1789 was not pursued and a new Tract Map was instead submitted
to the County for a 22-lot subdivision on the subject property (VTTM 3048, Heights at
Vista Del Mar); and i
WHEREAS, the County approved VTTM 3048 on December 12, 2013; and
I
WHEREAS, on August 27, 2013 the City Council adopt~d Resolution No. 4543
approving initiation of proceedings for the amendment of the City's Sphere of Influence
(SOI) to include the subject property within the City limits; and :
WHEREAS, on November 21, 2013 the San Luis Obispp County Local Agency
Formation Commission (LAFCO) approved an amendment to; the City's SOI to include
the subject property within the City limits; and
WHEREAS, the City Council adopted the updated General Plan which became effective
on October 9, 2001 and which includes the Housing Element a9opted in 2013; and
Attachment 1
Item 8.l. - Page 22
ORDINANCE NO.
PAGE2
WHEREAS, the applicant has initiated General Plan Amendment 14-001 to amend the
Land Use Map to designate the subject property as Low Density (LO) Residential; and
WHEREAS, the Community Development Department has conducted CEQA initial
studies and concluded that environmental impacts associated with the project will be
mitigated to a less than significant level; and
WHEREAS, the City Council, after public hearing, consideration of the draft Mitigated
Negative Declaration, all testimony and evidence presented, finds the Mitigated
Negative Declaration appropriate and adequate pursuant to State and local CEQA laws
and guidelines and reflects its independent judgment and analysis; and
WHEREAS, the City Council, after a duly noticed public hearing on March 25, 2014,
consideration of the staff report, all testimony and evidence presented finds the
proposed changes to the zoning map as shown on Exhibit "A" attached hereto and
incorporated herein, to be appropriate and consistent with the intent of the 2001
General Plan Update adopted policies, specifically those policies in the Housing
Element and Land Use Element; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council has determined that the following Development Code Amendment findings can
be made in an affirmative manner:
1. The proposed amendment is consistent with the goals, objectives, policies and
programs of the general plan and will not result in any internal inconsistencies
within the plan. The proposed amendment satisfies the following objectives and
policies of the Land Use and Housing Elements of the General Plan: Policy
LU11-1.4, which requires the City to "restrict new urban single family, multiple
family and mobile home uses to infill areas adjacent to existing developments of
similar density"; Objective LU10, to "Promote a pattern of land use that protects
the integrity of existing land uses, area resources and infrastructure and involves
logical jurisdictional boundaries with adjacent communities and the County";
Housing Element Policy A. 1 stating the "City shall adopt policies, programs, and
procedures to attempt to meet the present and future needs of residents of the
City, and to aim at providing their fair share regional housing need allocated
(RHNA) for each income classification, within identified governmental, market,
economic and natural constraints':· and Policy A. 8 which states that "The City
may annex land on the urban edge to promote orderly growth and the
preservation of open space."
2. The proposed amendment will not adversely affect the public health, safety and
welfare or result in an illogical land use pattern. There will be adequate provisions
for water, sanitation, public utilities and services to serve the subject property.
Specifically, water supply has been secured through water conservation offsets
Attachment 1
Item 8.l. - Page 23
ORDINANCE NO.
PAGE3
. and South San Luis Obispo County Sanitation District can accommodate the
additional flow.
3. The proposed amendment is consistent with the purpose and intent of the
Development Code. The primary purpose of the RH district is to provide for and
protect rural atmosphere and lifestyles, as well as to provide for protection of
existing hillside areas in accordance with general plan policies. This district is
intended as an area for development of low density, large lot, single-family
detached and small lot single-family detached residential dwelling units at a
maximum density of one dwelling unit per 1. 5 gross acres. Cluster development is
encouraged in order to protect the environment. VTTM 3048 provides a logical and
orderly pattern of development consistent with neighboring developments and
preserves 14. 87 acres of open space containing an oak woodland habitat.
4. The potential environmental impacts of the proposed amendment are insignificant
or can be mitigated to an insignificant level. The City Council has reviewed the
amendment in compliance with the California Environmental Quality Act (CEQA)
and has determined that a Mitigated Negative Declaration can be adopted.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo
Grande as follows:
Section 1: The above recitals and findings are true and correct and incorporated
herein.
Section 2:
adopted.
The Mitigated Negative Declaration for the subject project is hereby
Section 3: The boundaries of the zoning district established pursuant to Section
16.24.01 O are hereby revised as outlined below and as more specifically set forth in
Exhibit 'A', attached hereto and made a part hereof.
~ Prezone for annexation from County Residential Suburban (RS) to
Residential Hillside (RH) as shown on Map Exhibit 'A'.
Section 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this
Ordinance or any part thereof is for any reason held to be unlawful, such decision shall
not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
Section 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
Attachment 1
Item 8.l. - Page 24
ORDINANCE NO.
PAGE4
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the City Clerk. Within
fifteen (15) days after adoption of the Ordinance, the summary with the names of those
City Council members voting for and against the Ordinance shall be published again,
and the City Clerk shall post a certified copy of the full text of such adopted Ordinance.
Section 6: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
On motion by Council Member , seconded by Council Member , and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2014.
Attachment 1
Item 8.l. - Page 25
ORDINANCE NO.
PAGES
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVE ADAMS, CITY MANAGER
APPROVED A TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Attachment 1
Item 8.l. - Page 26
EXHIBIT "A"
DCA 14-003
AMENDMENT TO THE CITY OF ARROYO GRANDE
ZONING MAP
(APN 075-021-026)
Project Site:
Zoning Designation = Residential
Hillside (RH)
Attachment 1
Item 8.l. - Page 27
RESOLUTION NO.
A RESOLUTION OF APPLICATION FROM THE CITY
COUNCIL OF THE CITY OF ARROYO GRANDE
APPROVING INITIATION OF PROCEEDINGS FOR THE
ANNEXATION OF TERRITORY
WHEREAS, the City Council of the City of Arroyo Grande desires to initiate proceeding
pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000,
commencing with Section 56000 of the California Government Code, for Annexation of
territory to the City of Arroyo Grande; and
WHEREAS, this Resolution of Application is submitted to comply with Government
Code Section 56700; and
WHEREAS, the Notice of Intent to adopt this Resolution of Application has been given
according to Government Code Section 56654(b ); and
WHEREAS, the purpose of this proposal is to annex the property identified in Exhibits A
and B into the City of Arroyo Grande; and
WHEREAS, the territory is uninhabited. A map and description of the boundaries of
the territory are attached hereto as Exhibits "A" and "B", and are incorporated herein by
this reference; and
WHEREAS, the principal reasons for the proposed annexation are as follows: 1) it
enables more orderly_ planning for development of the property pursuant to City policies;
2) it is consistent with the Plan for Services attached hereto as Exhibit "C", incorporated
herein by this reference; and 3) annexation of the property will provide the City with
impact fees; and
WHEREAS, the following agency or agencies would be affected by the proposed
jurisdictional changes: County of San Luis Obispo and City of Arroyo Grande; and
WHEREAS, the proposed annexation is subject to the following terms and conditions:
Compliance with the Mitigated Negative Declaration adopted by the City Council on
March 25, 2014 for GPA 14-001 and DCA 14-003, Conditions of Approval for Tract
4038, and provision of an emergency access easement to serve the Sunrise Terrace
Mobilehome Park; and
WHEREAS, the Local Agency Formation Commission (LAFCO) approved a Sphere of
Influence amendment for this area on November 21, 2013; and
WHEREAS, the City has assumed Lead Agency status, responsible for compliance with
the California Environmental Quality Act (CEQA); and
Attachment 1
Item 8.l. - Page 28
RESOLUTION NO.
PAGE2
WHEREAS, the City adopted a Mitigated Negative Declaration on March 25, 2014 for
General Plan Amendment No. 14-001 and Development Code Amendment No. 14-003
to change the land use designation from County Residential Suburban to City Low
Density residential and to prezone the property to Residential Hillside.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby adopt and approve this Resolution of Application and approve the
Plan for Services, attached hereto as Exhibit "C", and hereby requests that LAFCO
proceed with the processing of the annexation of territory, as authorized and in the
manner provided by the Cortese-Knox-Hertzberg Local Government Reorganization Act
of 2000.
This resolution shall become effective immediately upon adoption.
On motion of Council Member , seconded by Council Member
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of 2014.
Attachment 1
Item 8.l. - Page 29
RESOLUTION NO.
PAGE3
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Attachment 1
Item 8.l. - Page 30
EXHIBIT A
Attachment 1
Item 8.l. - Page 31
EXHIBIT B
LEGAL DESCRIPTION
Real property in the unincorporated area of the County of San Luis Obispo, State of
California, described as follows:
Remainder Parcel of Tract No. 2207, in the unincorporated area of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded July 17,
2000 in Book 19, Page 26 of Maps in the office of the County Recorder of said County
and by Certificate of Correction recorded November 8, 2000 as Instrument No. 2000-
66285 of Official Records.
APN: 075-021-026 and 075-021-042
Attachment 1
Item 8.l. - Page 32
EXHIBIT C
Heights at Vista Del Mar (HVDM) Annexation
Vesting Tentative Tract Map (VTTM) 3048
----~//''/// i;; \\\<:-~~->>~---G>
1~~.J! Plan for Services -April 2014
Contents:
1. Introduction & Background
2. Water Supply and Distribution
3. Sanitary Sewer Collection and Treatment
4. Storm Drainage
5. Fire Protection Services (including paramedic and ambulance)
6. Police Services (including law enforcement)
7. Parks and Recreation Facilities
8. Community Development Services (Planning, Building and Engineering)
9. Public Works Maintenance Services
10. General Municipal Administration (management, personnel, finance and records)
11. Circulation
12. Public Transit
13. Solid Waste and Recycling
14.Affordable Housing
15. Hospital/Health Care
16.Schools
17. Summary of Conclusions
1. Introduction & Background
The project site is located at the current terminus of Castillo Del Mar, immediately
southwest of U.S. Highway 101, southwest of the City limits. Surrounding land uses
include low density residential development and open space to the north within the City,
low density residential development to the east within the unincorporated County, and
high density mobile homes to the west within the City. The project site is currently vacant
with an unpaved emergency access road traversing from Castillo Del Mar to Falcon
Ridge Estates located in the County. Topography of the site is gently to steeply sloping.
An oak woodland exists on the steeper slopes, which is protected by an open space
easement. Below is a property location map.
Attachment 1
Item 8.l. - Page 33
HVDM Annexation -Plan for Services
Page 2
Annexation of the subject property into the City limits was initiated by the applicant for
the primary purpose of water service . The County of San Luis Obispo (the "County ")
considered several development proposals for this property over the past twenty-four
years . The City has been an active participant in the public review process.
In 1990 , the City appealed a Mitigated Negative Declaration for a 16 lot residential
subdivision (VTTM 1789 -Busick Tract) located at the southeast terminus of Castillo
Del Mar. The primary issue of concern was traffic . The City withdrew the appeal in
1991 as a result of efforts made by the County Board of Supervisors to address the
City's concerns. In 1993 , the County Planning Commission re-considered and
approved VTTM 1789. This decision was appealed by the Falcon Ridge Estates
Homeowners Association to the Board of Supervisors. During this appeal period , the
City expressed concerns regarding a potential access road extending from the project
site to Orchard Avenue. In 1994 , the County Board of Supervisors considered the
appeal and required the applicant to prepare an Environmental Impact Report (EIR).
After many revisions to the project to address significant environmental effects, the
County adopted the EIR and approved VTTM 1789 in June 2008 . This project includes
primary access via Castillo Del Mar through the City's Vista Del Mar (VTTM 2207)
residential development.
In May 2006 , the City entered into a Memorandum of Understanding (MOU) with the
Lucia Mar Unified School District (the "District"), J.H. Land Partnership (the applicant for
VTTM 1789) and John Taylor (agricultural land owner) to enable the City to accomplish
an extension of Castillo Del Mar to Valley Road. The MOU was amended in January
2007 , April 2007 , April 2008 , December 2010 and August 2013. The primary objective
of the City has been to provide an additional access route behind the high school to
Attachment 1
Item 8.l. - Page 34
HVDM Annexation -Plan for Services
Page3
relieve existing traffic congestion on Orchard Street caused by the high school and to
provide safe, alternative access routes for students and the general public.
Due to the economic downturn at the time of VTTM 1789 approval, development of the
project was not pursued. To improve the economic viability of the project, the developer
revised the project and submitted an application to the County for six (6) additional units
for a total of twenty-two units (VTTM 3048, the Heights at Vista Del Mar). The following
actions have been made towards project entitlement and annexation:
• The City adopted Resolution No. 4543 on August 27, 2013 approving initiation of
proceedings for the amendment of the SOI.
• LAFCO approved an amendment to the City's SOI to include the subject property
within the City limits on November 21, 2013.
• The County approved VTTM 3048 on December 12, 2013.
2. Water Supply and Distribution
Project Water Supply Offset from Conservation Projects:
The originally entitled sixteen (16) unit project was to be served water from Rural Water
Company. The increase of six (6) units for a total of twenty-two (22) units required that
additional water be identified. It was determined that the City could provide a more
appropriate source of water supply than groundwater provided by a private water
purveyor since it can be better managed to avoid negatively impacting projected
groundwater supply. Approximately 5.54 acre-feet of water was anticipated for the
sixteen (16) unit development. An additional 2.07 acre-feet is necessary to serve the
approved twenty-two (22) lot project.
According to the developer, 7.61 acre-feet-year (AFY) will be required to meet the
subdivision's water demand and would include water conservation mitigation measures
limiting the quantity of turf and type of landscape. The City contracted with Water
Systems Consulting (WSC) to provide a third party analysis to determine if three (3)
identified water conservation irrigation retrofit projects would reliably offset the
development's water demands at a ratio of 2: 1 (with a minimum developer estimated
goal of 15 AFY total offset). The irrigation retrofits are proposed to occur at the Arroyo
Grande Cemetery, Ocean View Elementary School, and Paulding Middle School.
The City's irrigation consultant, Sprinkler King Inc., completed reports on estimated
water savings calculations for the proposed irrigation retrofit projects. A similar project
has been accomplished at Strother Park with successful monitored savings, so accurate
data has been collected that verifies the methodology and results. Five years of
consumption data, including wet and dry months, was evaluated for the three sites
proposed for retrofits and compared to Strother Park. The analysis also includes a
comparison of developer projected demand and the City's demand based on land use.
It is important to note that the City's land-use based demands do not account for
irrigation-related water conservation measures. The analysis confirms that the
developer's demand projections are reasonable using restricted landscape
Attachment 1
Item 8.l. - Page 35
HVDM Annexation -Plan for Services
Page4
requirements. Additionally, the project would connect with the City's water system and
would be served by the Vista Del Mar Booster Station, which would be upgraded by the
project.
The results of the study indicated that the proposed retrofits (14.03 AFY) would fall 1.2
acre feet short of reliably offsetting the project's water demand (7.61AFY) by the 2:1
ratio. In order to meet or exceed the desired 2:1 threshold, Rancho Grande Park has
been identified as a fourth project, with calculated savings of 4 AFY of savings, so that
the overall impact will exceed a 2:1 savings (i.e. 15.2 AFY needed, approximately 18
AFY gained through retrofits). Included as Attachment A is a Technical Memorandum
prepared by WSC dated December 6, 2013 which reviews the project's water supply
offset from conservation projects. The irrigation retrofit has been completed for the
Arroyo Grande Cemetery, and irrigation retrofits have begun for the Lucia Mar Unified
School District (Paulding and Ocean View schools). Irrigation Improvements to Rancho
Grande Park are expected to commence by June 2014.
City's Water Supply and Distribution:
The City of Arroyo Grande currently incorporates 5.45 square miles of land with
primarily residential and agricultural land uses. The population of the City is 17 ,252
according to the 2010 U.S. Census. However, the City currently serves water to a
population of approximately 16,900. The City's water service area population includes
residents of nine (9) water service connections outside of City limits and excludes
residents of 138 connections served by the Oceana Community Service District in an
area located in the southwest portion of the City limits. All connections to the City's
water system are metered, and there are no agricultural or industrial connections.
The City has a variety of water sources including groundwater, local surface water, and
ponded stormwater used for groundwater recharge, irrigation and construction water.
The City has completed multiple studies of potential supplemental water supply sources
including an extension of the Nacimiento Pipeline, desalination, recycled water, and
State Water Project water from the County. The following tables outline the City's
current and planned water supplies for the next 16 years.
Attachment 1
Item 8.l. - Page 36
HVDM Annexation -Plan for Services
Page 5
Table 1. Historical Water Supply -AFY
Water Supply Sources 1980 1985
Groundwater -Santa 1,202 1,202 Maria Groundwater Basin
Groundwater -Pismo 0 0 Formation
County of San Luis Obispo 2,290 2,290 Lopez Reservoir Proiect
Surplus Lopez Project 600 Water
Oceano Community
Services District
TOTAL 3,490 4,090
1990
1,202
0
2,290
700
4,192
Table 2. Current and Projected Water Supply -AFY
Water Supply Sources 2010 2015
Groundwater -Santa 1,323 1,323 Maria Groundwater Basin
Groundwater -Pismo 80 200 Formation 1
County of San Luis Obispo 2,290 2,290 Lopez Reservoir Project
Oceano Community . 100 100 Services District2
TOTAL 3,793 3,913
1995 2000 2005
1,202 1,202 1,202
80 80 80
2,290 2,290 2,290
910 500 0
100
.4,472 4,062 3,758
2020 2025 2030
1,323 1,323 1,323
200 200 200
2,290 2,290 2,290
3,813 3,813 3,813
I Assumes 80 AFY of groundwater from Well No. 9, 80 AFY from Well No. 10, and 40 AFY from Well No.
11 will be available as a reliable source of supply from 2015 through 2030.
2Assumes that the remaining three years of the five year contract of 100 AFY with OCSD will be utilized in
2014, 2015, and 2016.
The City is committed to reducing the necessity to import water and maximize the
available local resources. A big part of maximizing available resources is developing an
effective water conservation program. The City has maintained a non-revenue water
average of 4.9% of gross water use. Residents can participate in water efficiency
programs, like the plumbing retrofit program, the Smart Irrigation Controller program,
and the Cash for Grass program. In the plumbing retrofit program, residents can request
high efficiency toilets, showerheads, faucet aerators, and pressure regulators funded by
the City. Smart-irrigation controllers are also available to residents, which decrease the
water use needed to irrigate the property. The City residents can also receive a rebate
by upgrading their current washing machine to a high-efficiency washing machine.
Finally, the City currently offers 50 cents per square foot to replace lawn with native
vegetation or artificial turf.
Attachment 1
Item 8.l. - Page 37
HVDM Annexation -Plan for Services
Page 6
Along with water efficiency programs, the City has been operating a successful
stormwater recycling program at the Arroyo Grande Sports Complex. The City has
reduced their water demand by about 100 AFY irrigating 45 acres of grass and field.
Additionally, the City has conducted a study to utilize recycled wastewater. The City
uses no recycled wastewater; however the study outlined potential recycled water
usage that would reduce potable water needs by 201 AFY. The same study also
outlined a stormwater reclamation program that would reduce water needs by an
additional 43 AFY.
3. Sanitary Sewer Collection and Treatment
The City has an existing eight inch (8") sewer main in the Castillo Del Mar right of way,
which has adequate collection capacity to service the twenty-two (22) lot residential
development. The subdivision developer would be required to extend the eight inch (8")
sewer main to serve the project. The developer would also pay standard connection
and sewer impact fees to both the City and South San Luis Obispo County Sanitation
District (SSLOCSD) for offsite collection and transmission systems and treatment plant
improvements required to serve the new homes once constructed. The SSLOCSD
treatment plant has approximately 40% of design capacity available for planned
developments within Arroyo Grande, Grover Beach and Oceano. Annexation to
SSLOCSD as well as to the City of Arroyo Grande is requested as part of this
application.
4. Storm Drainage
As part of VTTM 3048 environmental review, which includes a previously certified Final
Environmental Impact Report (FEIR) for Tract 1789 (the originally approved 16-lot
subdivision) and Addendum for VTTM 3048, it was determined that the proposed
drainage facilities would be adequate. The storm drain system includes a network of
curb inlets and piping, and an outfall to a detention basin. An existing 36-inch culvert
will convey flow from the basin, similar to existing drainage patterns. A metering device
will be installed to control and limit peak flow rates.
5. Fire Protection (Including Paramedic and Ambulance)
The City of Arroyo Grande cooperates with the City of Grover Beach and the Oceano
Community Services District to provide emergency and non-emergency fire protection
services within their jurisdictions pursuant to a Joint Powers Agreement signed in 2010,
which established the "Five Cities Fire Authority". The City of Arroyo Grande operates
from its headquarters fire station located at the corner of Station Way and Traffic Way
(addressed 140 Traffic Way) near Freeway 101 and Branch Street in the Village, less
than a mile north of the proposed annexation. Estimated emergency response time to
Castillo Del Mar at the southeast City limit is three (3) to five (5) minutes, depending on
traffic conditions. The Five City Fire Authority also provides mutual aid emergency
responses outside City limits to incorporated Arroyo Grande fringe areas that would
otherwise have more than ten to fifteen (10-15 minutes) response time from the nearest
County Fire Department (CDF) stations located at the San Luis Obispo Airport on
Highway 227 or the Nipomo CSD Fire Station.
Attachment 1
Item 8.l. - Page 38
HVDM Annexation -Plan for Services
Page 7
The Five Cities Fire Authority currently has twenty-one (21) paid employees, one (1)
division chief, one (1) full-time administrator, one (1) part time administrative assistant,
two (2) chaplains, and twenty (20) reserve volunteers. The City's fire fleet includes the
following:
3 -Type I Fire Engines
1 -Reserve Type I Fire Engine
1 -100' Aerial Platform (Truck)
1 -Type Ill Brush Engine
1 -Type IV Patrol (Dunes Response)
1 -Type II Urban Search & Rescue/Breathing Support Unit
1 -Cal OES Fire Engine
1 -Squad (Medical)
2 -Command Vehicles
The level of fire protection service provided to the annexed territory will be the same as
provided to the rest of the City.
6. Police Services (Including Law Enforcement)
The Arroyo Grande Police Department provides a variety of law enforcement and
community services. Police services are based at 200 North Halcyon Road. The
Arroyo Grande Police Department has thirty-five (35) dedicated full-time employees with
a budget in fiscal year 2013 of approximately $5,889, 173. In addition, the Department
has five (5) part-time employees, two (2) Neighborhood Services Technicians, one (1)
Fleet and Equipment Technician, one (1) Training Manager and fifty-two (52)
community volunteers who assist the organization by participating in several programs
such as Citizens Assisting Police, the South County Police Volunteers, Police Chaplain,
Citizen Academy, Explorer Post and the Community Advisory Council.
The organizational structure consists of two (2) major divisions; Patrol Services and
Support Services, each led by a Commander. The remainder of the full-time team
includes five (5) Sergeants, sixteen (16) Police Officers, one (1) Executive Secretary,
one (1) Support Services Supervisor and six (6) Support Services Technicians.
Resources are allocated to the Police Department through the City's 2-year budget and
financial plan process. Requests for additional resources are weighed against other
potential uses of the City's General Fund. The City expects that service demands and
revenues both will increase slightly upon annexation.
Police Department personnel, support services, technical equipment and vehicle fleet
enables an average response time of less than four (4) minutes for most of the City,
including the proposed annexation area. Police patrols would add the extension of
Castillo Del Mar and two Cul-de-sacs to their coverage and provide an emergency
response time of less than four (4) minutes to calls from the proposed annexation area
when developed.
Attachment 1
Item 8.l. - Page 39
HVDM Annexation -Plan for Services
Page 8
The level of police service provided to the annexed territory will be the same as
provided to the rest of the City.
7. Parks and Recreation Facilities
The Parks and Recreation Element of the General Plan establishes a standard of four
(4) acres of parkland per 1,000 City residents. To accomplish this, development
proposals are required either to dedicate land and/or pay in-lieu fees. Although there is
not an active park facility approved for the project, it does contain a 14.87-acre parcel
for perpetual open space and oak woodland preservation that could be used for passive
recreation purposes. Currently there are no formal plans to establish a trail system
within the open space easement. However, this can be accomplished at a later date if
the City and/or project residents determine it desirable and feasible.
There are several community parks and recreation facilities and programs located within
the City, including Rancho Grande Park, Elm Street Park and the Soto Sports Complex.
These facilities are available to South County residents regardless of whether they live
within the City limits. The City utilizes the Quimby Act for new residential developments,
which requires the developer to pay park, recreation and community facilities in-lieu and
impact fees for the twenty-two (22) lots. Some recreation programs also require user
fees which cover a portion of the actual costs, and allow City residents a reduced rate
compared to non-City residents.
8. Community Development Services
The Community Development Department of the City of Arroyo Grande provides
planning, building and engineering services, including environmental impact, design and
development review for public and private projects within the City's jurisdiction. VTTM
3048 was processed through the County and approved by the County Planning
Commission. The conditions of approval were generated with the City's input. There
are ninety-nine (99) City conditions that apply should the project be annexed within the
City. Once annexed, the City would review the improvement plans and other
documents per the conditions of approval. A special condition was added that requires
the applicant to submit design guidelines for review and approval by the Architectural
Review Committee, allowing for the City to have general design control over the
development.
9. Public Works Maintenance Services
As noted above, the annexation area would be developed pursuant to VTTM 3048 with
new public works constructed by the private developer subject to subsequent conditions
of approval and subdivision agreement. Required water distribution, sewer collection,
curbs, gutters, sidewalk and street improvements will be inspected during construction
and accepted by the City for future public works maintenance.
10. General Municipal Administration
The City of Arroyo Grande will provide for municipal services within the annexed
territory such as elections, public notices, development review, building permits and
Attachment 1
Item 8.l. - Page 40
HVDM Annexation -Plan for Services
Page 9
inspections, subdivision review, permitting and inspecting public improvements, and
code enforcement. Arroyo Grande City government will provide for development review
of the project in accordance with the conditions of approval. Code enforcement
activities in the annexed territory will be provided by two (2) part-time staff members in
the Police Department, in coordination with the Community Development Department
and the City Attorney's Office.
The proposed annexation and development of twenty-two (22) new Residential Hillside
homesites does not significantly alter the City of Arroyo Grande's general municipal
administrative service needs. No new personnel will be required to provide municipal
services to the future new Residential Hillside development due to its relatively limited
size, location adjoining existing Residential Hillside (City) and Residential Suburban
(County) subdivisions, and proposed efficient extension of public infrastructure.
11. Circulation
The primary objective of the City has been to provide an additional access route behind
the high school to relieve existing traffic congestion on Orchard Street .caused by the
high school and to provide safe, alternative access routes for students and the general
public. The intent of the MOU was to allow vehicle access from the project site through
the City in exchange for significantly improved circulation provided by the extension of
Castillo Del Mar. Additionally, in exchange for rezoning of Lucia Mar Unified School
District (the "District") land, the City received from the District an irrevocable offer of
dedication of the roadway behind the high school. Funding from the developer to widen
and realign the roadway and extend it to Valley Road was necessary to complete the
road project. The City subsequently approved the General Plan amendment and
rezoning for the 10 acres owned by the District; the District has transferred the road
easement to the City; and the City has constructed a portion of the bike lane
improvements associated with the roadway extension.
12. Public Transit
Although low density Residential Hillside development is not conducive to public
transportation services, the proximity of this annexation and subdivision is convenient to
the existing South County bus route and stop at the high school on Fair Oaks Avenue
Transit services are provided by The Regional Transit Authority (RTA) of San Luis
Obispo Council of Governments, SLOCOG.
13. Solid Waste and Recycling
Garbage, greenwaste and recycling services are provided to both City of Arroyo Grande
and unincorporated area residential customers by the South County Sanitary Service.
Integrated Waste Management and municipal franchise agreements monitor and
regulate service requirements and rates. The potential impacts of twenty-two (22)
Residential Hillside homes are less than significant to Cold Canyon landfill disposal and
recycling capacities.
\
Attachment 1
Item 8.l. - Page 41
HVDM Annexation -Plan for Services
Page 10
14. Affordable Housing
The City's General Plan Housing Element provides for affordable housing
developments, including inclusionary housing policies for new residential subdivisions
within the City. VTTM 3048 will contribute in-lieu fees for off-site development of very
low and low income rental housing on an appropriate Multi Family or Mixed Use zoned
infill property within the City to be determined after annexation and subdivision
approvals.
15. Hospital/Health Care Dignity Health owns and operates the Arroyo Grande
Community Hospital located at Halcyon Road and Fair Oaks Avenue in the City. Other
private health care services are also available regardless of City or unincorporated
County residence. The City Fire Department emergency response includes paramedic
services and private ambulance company services are also available. The impacts of
twenty-two (22) Residential Hillside homesites is less than significant whether within the
City or unincorporated Arroyo Grande fringe area of the County ..
16. Schools
Lucia Mar Unified School District and Cuesta Community College District provide public
education facilities and services to the South San Luis Obispo County area regardless
of City or County residence. The nearest elementary school is Harloe School, which is
located about a half mile away from the project site on the southwest corner of Fair
Oaks Avenue and Halcyon Road. Paulding Middle School is located on Crown Hill less
than a mile away, and Arroyo Grande High School is located close to the project site on
Fair Oaks Avenue and Valley Road. Cuesta College currently provides evening classes
and other student services from Arroyo Grande High School as well as the San Luis
Obispo main campus. The impacts of twenty-two (22) proposed Residential Hillside
homesites within the annexation are less than significant with standard mitigation of
development impact fees associated with new subdivisions in both City and County
jurisdictions.
17. Summary of Conclusions
The proposed annexation and future development of VTTM 3048 are feasible with
implementation of the conditions and mitigation measures considered as part of VTTM
3048 approval. City water distribution and sanitary sewer collection mains would be
extended to serve the twenty-two (22) Residential Hillside homesites and the drainage
improvements would provide for adequate storage and conveyance of 100-year storm
events. City fire and police services, parks and recreation facilities and services are
also adequate to serve the proposed annexation and subdivision. Community
Development, Public Works Maintenance and General Municipal Administration are
also capable of serving the proposed annexation with less than significant impact to
existing personnel and facilities. In summary, the proposed annexation will provide for
more appropriate development than the County Residential Suburban alternative.
Providing water supply to the project by means of water retrofit offsets at a 2:1 ratio is a
more appropriate source of water supply than groundwater from a private water
Attachment 1
Item 8.l. - Page 42
HVDM Annexation -Plan for Services
Page 11
purveyor under the County's jurisdiction. The water can be better managed and would
avoid negatively impacting projected groundwater supply.
End Plan for Services
Attachment 1
Item 8.l. - Page 43
Technical Memorandum
Date: 12/6/2013
To: Teresa McClish
Director of Community Development
City of Arroyo Grande
300 E. Branch Street
Arroyo Grande, CA 93421
Prepared by: Spencer Waterman and Joshua Reynolds, P.E.
Reviewed by: Jeffery Szytel, P.E.
ATTACHMENT A
:_..-.:, ~~vvs c
WATER SYSTEMS CONSULTING, INC.
Phone: (805) 473-5420
SUBJECT: REVIEW OF THE PROPOSED BUSICK TRACT 3048 WATER
SUPPLY OFFSET FROM CONSERVATION PROJECTS
This Technical Memorandum (TM) summarizes Water System Consulting's (WSC) preliminary review of the
proposed Busick Tract 3048 Project (Development) water offset for the City of Arroyo Grande (City). The TM is
comprised of three parts: Part 1-Comparison of the proposed development water demand projections with
typical City land use based demands; Part 2 -Analysis of the previously completed Strother Park irrigation
retrofit project; Part 3 -Review of the Sprinkler King reports on the proposed irrigation retrofits. The TM
evaluates and summarizes the City's potential to offset the Development's water demands through irrigation
retrofits of existing large demand customers (i.e. Ocean View Elementary School, Paulding Middle School and
Arroyo Grande Cemetery) in order to reliably deliver water to the proposed Development.
Background
The Development project is a 22 unit subdivision located outside but adjacent to the City Limits that has
requested annexation into the City. The Developer proposes to connect with the City's water system and would
be served by the Vista Del Mar Booster Station. According to the developer, 7.61 AFY will be required to meet
the subdivision's water demands. The developer proposes to fund three water conservation irrigation retrofit
projects to offset the Development's water demands at a minimum ratio of 2:1. The irrigation retrofits are
proposed to occur at the Arroyo Grande Cemetery (AG Cemetery), Ocean View Elementary School (Ocean View),
Paulding Middle School (Paulding), and Rancho Grande Park (Rancho Grande). The City's irrigation consultant,
Sprinkler King, Inc. (Sprinkler King), has previously completed reports on estimated water savings calculations for
the proposed irrigation retrofit projects.
Part 1 -Comparison of Proposed Development Water Demand Projections
with City Demand Projections
Water demand estimates for the proposed development created by the developer were analyzed. The sources
of the demand factors were other Environmental Impact Reports (El Rs) for nearby developments. WSC was
unable to locate copies of these El Rs, so the real basis of these demand factors could not be assessed. Table 1
ArroyoGrande_Buslck Tract 3048 Water Suppty Offset Review Flnal_Revised 12·&-.13.docx
Attachment 1
Item 8.l. - Page 44
2012 Engineering Consulting Services
Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects
shows the Project's estimated water demand as presented in the Heights at Vista Del Mar: VTTM 3048 Project
Description, dated 5/1/2013.
Table 1. Project Estimated Water Demand
•
Demand
(AFY)
Drip Irrigated Shrubs
and Ground Cover uwu-1 -0.61
.I
Turf Areas
Drip Irrigated Common
Entry Area
Indoor Demand
[ .. Acres 11 o.~5 II· 2.5 II
Total Project Demand
0.38 .. I
0.02 I
6.60
.·.1
7.61 I
The proposed City Zoning for the project is Residential Rural (RR), which is compatible with the City's Single
family Low Density Residential Land Use category. WSC developed water demand estimates for the Project
based on water demand factors from the City's Water Master Plan as shown in Table 2.
Single Family Low
Density
Residential
Table 2. Master Plan Based Demand Estimates
Unit Type
•
Project
Demand
(AFY)
~D_w_u~_l:!_ng_· ._· CJLJC:J
The Water Master Plan land use based water demand projection of 13.64 AFY does not include any of the
proposed low impact and water conservation measures proposed by the Developer. As envisioned, the project
will severely restrict the amount of irrigated landscape and turf area allowed on each parcel to 1,200 sf of
irrigated area and 300 sf of turf (for comparison, each parcel is larger than 1 acre (43,560 sf) in size). To
compare the proposed low water use development to a traditional development and assess the reasonableness
of the demand factors used by the developer's engineer in the calculation of the restricted water usage (as
shown in Table 1); the allowable irrigated acreage can be increased to a degree more representative of existing
uses. To do this, the project was analyzed using a theoretical parcel with 12,000-sf of irrigated area and 1,500-sf
of turf area with the Table 1 demand factors, resulting in a theoretical project demand of 14.58 AFY, which
matches reasonably well with the 13.64 AFY demand derived using the Water Master Plan demand factors.
Therefore the demand projected by the developer using the restricted landscape requirements seems
reasonable.
12/6/2013 Page 2 of 6
Arroyo Grande_Busick Tract 3048 Water Supply Offset Review Final_Revised 12·6-13.doa:
Attachment 1
Item 8.l. - Page 45
2012 Engineering Consulting Services
Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects
WSC assumes the City will reach an agreement with the Developer on a method to enforce the irrigation
restrictions; and considers the demand reduction to be aggressive, but achievable.
Part 2 -Analysis of Strother Park Irrigation Retrofit
Strother Park was surveyed by Sprinkler King on March 6, 2009 to assess the irrigation system and conditions
affecting the water consumption for irrigation. The report for the survey contained irrigation retrofit
recommendations and estimated that water consumption could be reduced by 33% for the park if the irrigation
retrofit recommendations were implemented. The City implemented all of the recommendations and
completed the retrofit in August 2009. Table 3 shows the estimated savings and actual savings achieved based
on analysis of water consumption data before and after the retrofit.
Table 3. Strother Park Retrofit Estimated and Actual Savings
Estimated 2005-2008 Assumed 2010-2012 Actual Actual
Potential Pre-Retrofit Savings Post-Retrofit Savings Savings(%)
Savings(%) Average (AFY) Average (AFY)
Consumption Consumption
(AFY) (AFY)
Strother" Park Retrofit 9.1 5.5 ..
While the analysis of the average consumption data before and after the retrofit indicates that the actual
savings exceed the estimated savings, consideration of hydrologic conditions during the periods analyzed should
be taken into account. Monthly and annual rainfall data was analyzed from 2005 through 2011 and annual
average rainfall was analyzed from 1966-2011. The driest year from 2005 through 2011 was 2007, during which
the monthly and annual consumption remained approximately close to the years surrounding it prior to the
retrofit. The wettest year from 2005 through 2011 was 2011, during which the monthly and annual
consumption remained approximately the same as the years surrounding it after the retrofit. The amount of
monthly and annual rainfall did not appear to be correlated with reduced water consumption before or after the
retrofit. Furthermore, average annual rainfall from 2005-2011 was only slightly higher than the long-term
historical average rainfall. As shown in Figure l, monthly average consumption decreased after the retrofit.
12/6/2013 Page 3 of 6
Arroyo Grande_Busick Tract 3048 Water Supply Offset Review Flnal_Revtsed 12·6-13.docx
Attachment 1
Item 8.l. - Page 46
2012 Engineering Consulting Services
Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects
4.5
4
3.5
li 3 c
~ 2.5 -0 2 Ill
Cll z: u 1.5 .E
1
0.5
0
....,.f ~~~ ~~ ~<1::-~¢' ~~ ~" ~~ c,<8 00 ~o~ <::>~"
Month
3.0
2.5
E 2.0 !!.
c
0
1.5 .. Q.
E
:II
1.0 Ill c
0 u
0.5
0.0
-Average Consumption (2005-
2008)
-Average Consumption (2010-
2012)
-Average Rainfall (1966-2011)
-Average Rainfall (2005-2011)
Figure 1. Pre and Post Retrofit Consumption and Rainfall
Review of Sprinkler King's Strother Park survey as well as historical rainfall and consumption data indicates that
the estimated water savings presented in the Sprinkler King survey are accurate. Based on the observed results
of Strother Park's irrigation retrofit, it is assumed that the water savings estimates in Sprinkler King's surveys are
reasonable, and adequate for determining potential water savings that can be achieved through retrofitting
other irrigation customers within the City's service area, including AG Cemetery, Ocean View, Paulding, and
Rancho Grande.
Part 3 -Review of Sprinkler King Surveys
Arroyo Grande Cemetery District
The landscape irrigation survey for the AG Cemetery submitted on April 30, 2009 identified the landscape
retrofit recommendations and estimated water savings as shown in Table 4.
Table 4. AG Cemetery Estimated Potential Water Savings
Recommended Retrofit
12/6/2013
Arroyo Grande_Buslck Tract 3048 Water Supply Offset Review Final_ Revised 12·6-13.docx
Estimated Potential Savings
(%)
7.02
Page4 of6
Attachment 1
Item 8.l. - Page 47
2012 Engineering Consulting Services
Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects
Ocean View Elementary School
The landscape irrigation survey for Ocean View submitted on January 10, 2011 identified the landscape retrofit
recommendations and estimated water savings as shown in Table 5.
Table 5. Ocean View Estimated Potential Water Savings
Recommended Retrofit
1. Update Nozzles
2. Soil Improvements
Total
2004-2012 Average Consumption (AFY)
Assumed Savings (AFY)
Paulding Middle School
Estimated Potential Savings
(%)
Not Estimated
17.04
The landscape irrigation survey for the Paulding Middle School (Paulding) submitted on January 10, 2011
identified the landscape retrofit recommendations and estimated water savings as shown in Table 6.
Table 6. Paulding Estimated Potential Water Savings
Recommended Retrofit
I
1. Update Irrigation Controllers
2. Lawn Aeration
Total
' 2004-2012 Average Consumption (AFY)
Assumed Savings (AFY)
Rancho Grande Park
Estimated Potential Savings
(%)
Not Estimated
11.02
The landscape irrigation survey for the Rancho Grande Park (Rancho Grande) submitted on September 27, 2013
identified the landscape retrofit recommendations and estimated water savings as shown in Table 7.
Table 7.Rancho Grande Potential Water Savings
12/6/2013
Recommended Retrofit
1. Adjust Spray Head and Bubbler Run
Times
2. Convert to Low Precipitation Nozzle
Assumed Savings Total (AFY)
Arroyo Grande_Busick Tract 3048 Water Supply Offset Review Fina I_ Revised 12-6-13.dooc
Estimated Potential Savings
(AFY)
0.56
Page 5 of 6
Attachment 1
Item 8.l. - Page 48
2012 Engineering Consulting Services
Review of the Proposed Busick Tract 3048 Water Supply Offset from Conservation Projects
·•:-wsc ~W.m1S1'5ltllJCoNJt.'tnHG.INc:.
Total Potential Water Savings
The total estimated potential water savings for the three proposed irrigation retrofits is shown in Table 8.
Table 8. Total Estimated Potential Water Savings
Potential Irrigation Retrofit Customer Assumed Savings (AFY)
AG Cemetery
Ocean View Elementary 4.26
Paulding Middle School
Rancho Grande Park 2.51
Total
Conclusion
Table 9 shows potential retrofit savings, development demand estimates and potential water demand offset
ratio for the project.
Developer's Project
Demand Estimate
Table 9. Comparison of Water Demand Estimates and Potential Water Demand Offsets
Potential Retrofit
Savings (AFY}
Estimated Project
Demand (AFY}
Potential
Demand Offset
Exceeds 2:1
Offset
The Project demands and retrofit savings seem reasonable and the Project is offset by more than the desired 2:1
ratio.
12/6/2013 Page 6 of 6
Arroyo Grande_Busick Tract 3048 Water Suppty Offset Review Flnal_Revlsed 12-6-13.docx
Attachment 1
Item 8.l. - Page 49
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