R 4028RESOLUTION N0.4028
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING TEMPORARY USE
PERMIT 07-012 FOR A TEMPORARY PARK AND RIDE
LOT ON A PORTION OF CITY PROPERTY; APPLICANT
PACIFIC GAS AND ELECTRIC COMPANY
WHEREAS, PG&E has requested to use approximately 2.0 acres of 5.0 acres of City-
owned vacant real property at the northeast corner of West Branch Street and Old
Ranch Road (the "Property") as a temporary Park-and-Ride Lot for up to 250 cars
("Park-and-Ride Lot"), including shuttle bus stop and night lighting for two (2) five-month
periods, December 2007 through April 2008 and December 2008 through April 2009;
and
WHEREAS, the Property is subject to an existing lease agreement with the Five Cities
Community Foundation ("Foundation") for the eventual development of a community
recreation center; and
WHEREAS, development of the Project as a community recreation center by the
Foundation is prohibited until certain traffic impacts have been mitigated; and
WHEREAS, the Park-and-Ride Lot is a proposed trip reduction, traffic mitigation
measure needed to bus workers to the Diablo Canyon Nuclear Power Plant during
major maintenance, rather than allow private vehicles to travel to and from South
County to the plant site; and
WHEREAS, PG&E is proposing similar Park-and-Ride facilities in Pismo Beach and
San Luis Obispo to provide convenient community access to these transportation
alternatives and to reduce concentrated traffic impacts; and
WHEREAS, PG&E has agreed to operate the shuttle bus schedule and control work
shifts so that peak parking turnover would largely avoid morning and evening normal
peak hour traffic; and
WHEREAS, PG&E has requested that the City provide for site grading and drainage
improvements for an "all weather," low-turnover, temporary winter season parking lot,
lane delineation, night lighting, and access improvements to be funded in advance
payment by PG&E equal to the estimated cost of these temporary improvements; and
WHEREAS, the Park-and Ride Lot site grading and improvements would be beneficial
to the eventual construction of a proposed community recreation center and its
permanent parking areas, including rough grading and pollution prevention storm
drainage improvements; and
RESOLUTION NO. 4028
PAGE 2
WHEREAS, the agreement between the City and PG&E will provide for consent of both
the Foundation, and the property manager of General Services Department of the
County of San Luis Obispo, to assure the temporary use by PG&E is consistent with the
intent and purpose of the Property deed restriction; and
WHEREAS, Park-and-Ride Lot improvements will also facilitate other interim
community uses of the Property such as Strawberry Festival and Harvest Festival
parking; and
WHEREAS, on July 24, 2007 the City Council held a properly noticed hearing to
consider Temporary Use Permit 07-012; and
WHEREAS, according to the California Environmental Quality Act (CEQA), the
proposed project is Categorically Exempt by Section 15304e Class 4, minor alterations
to land for temporary use.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande
does hereby approve Temporary Use Permit 07-012, subject to the conditions as set forth
in Exhibit "A" attached hereto and incorporated herein by this reference.
On motion by Council Member Costello, seconded by Council Member Fellows, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Guthrie, Arnold, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24~h day of July 2007.
RESOLUTION NO. ~Iu28
PAGE 3
TONY
ATTEST:
KELLY WETM RE, CITY CLERK
APPROVED AS TO CONTENT:
STE~/E~ N ApAIVIS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J MEL, CITY ATTORNEY
RESOLUTION N0.4028
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
TEMPORARY USE PERMIT 07-012
GENERAL CONDITIONS:
Prior to any improvements by the City, PG&E will execute an acceptable
agreement with the City for use of the Property and deposit an advance payment
of $70,000 (or other amount provided therein) to fund estimated improvement
costs.
2. PG&E shall provide a rental fee of $6,000 per month for each of the ten months,
payable to the City, for the periods of operation from December 2007 through
April 2008 and December 2008 through April 2009.
3. PG&E shall agree to schedule shuttle bus operations and work shifts to avoid or
minimize morning and evening peak hour traffic impact periods as determined by
the City Public Works Director.
4. PG&E shall ascertain and comply with all City, County, State, and Federal
requirements as are applicable to this project.
5. The Park-and-Ride Lot shall be operated in substantial conformance with the
proposal dated July 9, 2007 and the terms and conditions of the agreement with the
Ciry for use of the Property.
6. PG&E shall agree to defend at his/her sole expense any action brought against the
City, its agents, officers, or employees because of the issuance of said approval, 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 fees
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.
7. PG&E shall provide at least a $1,000,000 commercial general liability and
automobile insurance policy, or adequate proof of equivalent self-insurance,
naming the City as additional insured, subject to approval by the City Attorney.
Proof of insurance shall be submitted to the Director of Administrative Services at
least ten days prior to the temporary use and remain in full force and effect
throughout its entire duration of use of the Property.
OFFICIAL CERTIFICATION
1, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of pery'ury, that the attached
Resolution No. 4028 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24"'
day of July 2007.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27'" day of
July 2007.
~D ~~O~
KELLY T ORE, CITY CLERK