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CC 2018-05-22_10a Amendment_East Cherry Ave Specific PlanMEMORANDUM TO: CITY COUNCIL FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: MATTHEW DOWNING, PLANNING MANAGER SUBJECT: CONSIDERATION OF TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION, STREET IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEES; LOCATION – SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN; APPLICANT – WATHEN CASTANOS HOMES; REPRESENTATIVE – CAROL FLORENCE, OASIS ASSOCIATES DATE: MAY 22, 2018 SUMMARY OF ACTION: Approval of the project modifications will allow construction to occur on Saturdays and result in postponement of traffic signal installation, street improvement installation, and payment of street mitigation fees from prior to issuance of any building permit to prior to issuance of building permits for homes other than model homes for Subarea 2 of the East Cherry Avenue Specific Plan. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No direct impacts associated with the proposal will affect financial or personnel resources. RECOMMENDATION: It is recommended that the City Council adopt a Resolution modifying conditions of approval to allow for Saturday construction of residences for Subarea 2 of the East Cherry Avenue Specific Plan and modifying the requirement of traffic signal installation, street improvements on W. Branch Street, and payment of street mitigation fees to the time of building permit issuance for homes other than model homes. BACKGROUND: On January 10, 2017, the City Council adopted Resolution No. 4771 approving the East Cherry Avenue Specific Plan (the “Specific Plan”) and Vesting Tentative Tract Map 15- 001 for Subarea 2 of the Specific Plan (Attachment 1). The applicants have been working toward recordation of the final map, but have identified two (2) items of concern that require City action to remedy. Subsequently, the applicants have submitted the Item 10.a. - Page 1 CITY COUNCIL CONSIDERATION OF TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION, STREET IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEES MAY 22, 2018 PAGE 2 subject application to modify conditions of approval (COA) for the project. Modification of conditions of approval nos. 18, 163 and 164 were formally requested after the Planning Commission meeting for the purposes of internal consistency in timing of both construction hours and timing of payment and installation of traffic fees and improvements. Project Description The proposed project is two parts. The first part is a request to amend COA #18, #49 and #157 to allow for construction activities to occur on Saturdays for the duration of the project (Attachment 3). The second part is to amend COA #162-164 to delay fees and the traffic signal installation from prior to building permit issuance to prior to issuance of the first certificate of occupancy (Attachment 4). Staff Advisory Committee The Staff Advisory Committee (SAC) reviewed the revised project on April 11, 2018. Members of the SAC discussed the reduction in total construction duration allowing construction on Saturday, the impact to adjacent residences resulting from this change, and the issues with waiting until certificate of occupancy for the traffic signal to be installed. Members of the SAC remained neutral on allowing construction on Saturday, but recommended limiting the types of construction to those that do not require inspections by the City if the Planning Commission and City Council are supportive of the change in construction time limitations. The SAC was not in support of delaying the installation of the traffic signal to certificate of occupancy due to the burden this position places on the City, as explained below. Planning Commission The Planning Commission reviewed the project at the May 1, 2018 meeting (Attachment 2). Regarding signal installation, the applicant stated concerns with potential delays due to the extensive time it takes for traffic signal plan completion and approval, and ordering and construction of the signal facility components. Regarding construction hours, the total project construction timeline may be shortened if there is consideration to allow work on some Saturdays. The applicant also requested consideration of COAs #163 and #164 regarding timing of payment of traffic fees for offsite improvements to be consistent with traffic signal installation. The Commission voted 3-2 to approve a Resolution recommending modification of COAs #49 and #157 regarding Saturday construction and COA #162 regarding traffic signal installation timing as modified to 1)  allow Saturday work between the hours of 10 am and 5 pm, 2) limit off-site work to Monday through Friday, and 3) change the timing of the traffic signal installation to prior to issuance of building permit for the first home other than the model homes. Item 10.a. - Page 2 CITY COUNCIL CONSIDERATION OF TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION, STREET IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEES MAY 22, 2018 PAGE 3 ANALYSIS OF ISSUES: Construction Hours Conditions of Approval #18, #49 and #157 restrict construction activities to normal business hours of Monday through Friday, 7 A.M. to 5 P.M. Emergency exceptions to these limitations are included in the condition. The proposed modification would allow for construction to occur on Saturdays from 8 A.M. to 5 P.M. for the duration of the project. The applicant indicates that allowing Saturday construction will increase the rate of production and reduce the overall duration of the project, as there would potentially be fifty-two (52) Saturdays of work over a two-year project duration. The applicant indicates that this will shorten construction by ten (10) weeks, or roughly two and one- half months. As conditioned, no construction will occur on Sundays or official holidays. The Municipal Code allows for Saturday construction throughout the City. However, discretionary projects have recently been conditioned with limited construction durations in order to reduce impacts on adjacent residential neighborhoods. On larger projects, this can be confusing to subcontractors who are used to working on Saturdays and enforcement has been necessary on a number of projects in recent years. While the SAC was sympathetic to the desire to reduce overall construction, they acknowledged that Saturday construction can impact the adjacent neighborhood. For this purpose, the SAC remained neutral on the item. However, the SAC recommended that if the Planning Commission was in support of Saturday construction, the type of construction not include work that requires City inspection at the time of construction (e.g., concrete), as weekend inspectors are not available and reconstruction might be necessary. The Planning Commission considered impacts to the neighborhood due to Saturday construction and project duration and ultimately recommended to allow site work that would not require inspections and that would not take place on E. Cherry Ave. to occur Saturdays but after 10am. It should be noted that allowing construction on Saturdays would not authorize construction to occur on holidays, should they fall on those Saturdays. Traffic Signal Installation A traffic signal at the intersection of Traffic Way and Fair Oaks Avenue is required to be installed with the proposed project. Condition of Approval #162 requires that the traffic signal shall be installed and operational prior to the issuance of the first building permit. This was a specific requirement of the Planning Commission when the project was recommended for approval. The applicant indicates that it will be “physically impossible to bid, order, and construct the signal prior to issuance of the first building permit”. The applicant has also proposed to bond for the improvement as assurance for the signal installation. The SAC was not in support of modifying the timing associated with traffic signal installation to certificate of occupancy for a few reasons. First, no information was Item 10.a. - Page 3 CITY COUNCIL CONSIDERATION OF TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION, STREET IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEES MAY 22, 2018 PAGE 4 provided to support the statement that it will be physically impossible to bid, order, and construct the signal prior to issuance of the first building permit. Second, the timing was specifically requested by the Planning Commission upon its recommendation and maintaining the timing is in keeping with the spirit of that recommendation for approval, which the City Council approved. Lastly, waiting until the issuance of a certificate of occupancy can place the City in the uncomfortable situation of denying new homeowners from moving into their homes. The City has previously experienced being caught in the middle of promises made by developers to new homeowners. Withholding the ability for homeowners to occupy their residences typically casts the City in a negative light for enforcing the requirements of the development. The Planning Commission considered both staff identified concerns as well as potential project delays and voted to require signal installation prior to building permit issuance of the first home other that the model homes in order to provide some flexibility but still allow for installation to occur before new homeowners are ready to move in. There are proposed to be approximately five model homes. Conditions of Approval Nos. 163 and 164 have to do with collection of fees toward future remedies for projects impacts related to offsite intersections for which the applicant requests modification so that fee collection is at the same time as signal installations. The Planning Commission discussed this briefly but did not take action on this request as it was not specifically identified in the public hearing notice. Staff has no objection to the proposed modification. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the attached Resolution approving the modifications to conditions of approval as recommended; 2. Modify and adopt the attached Resolution approving the modifications to conditions of approval; 3. Do not adopt the attached Resolution and instead take tentative action to deny the requested modification and provide specific findings for denial; or 4. Provide other direction to staff. ADVANTAGES: Allowing some Saturday construction would result in reduction to the overall duration of construction of the subdivision, and as conditioned may minimize noise on E. Cherry Ave. Requiring the offsite traffic fees and traffic signal be installed prior to issuance of the first building permit of homes other than model homes will allow the developer to start model home construction and home sales prior to paying traffic related fees and while preparing for traffic signal installation. Item 10.a. - Page 4 CITY COUNCIL CONSIDERATION OF TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION, STREET IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEES MAY 22, 2018 PAGE 5 DISADVANTAGES: Allowing some Saturday construction will impact nearby residences by allowing significant subdivision construction to occur on Saturdays. No disadvantage has been identified by allowing the recommended modification to traffic signal installation timing. ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act, the City Council has previously certified an Environmental Impact Report with overriding considerations regarding impacts associated with the E. Cherry Avenue Specific Plan. PUBLIC NOTIFICATION AND COMMENT: A notice of public hearing was mailed to all property owners within 300’ of the project site, was published in The Tribune, and posted at City Hall and on the City’s website on May 11, 2018. The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Two (2) comment letters have been received for the project (Attachment 4). Attachments: 1. Pages from Resolution No. 4771 2. Minutes of the May 1, 2018 Planning Commission meeting 3. Request for Saturday construction 4. Request for traffic signal timing modification 5. Comment letter Item 10.a. - Page 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING TENTATIVE TRACT MAP 18-002 MODIFYING CONDITIONS OF APPROVAL #18, #49, AND #157 OF RESOLUTION NO. 4771 REGARDING SATURDAY CONSTRUCTION AND MODIFYING CONDITIONS OF APPROVAL #162-164 REGARDING TRAFFIC SIGNAL INSTALLATION, STREET IMPROVEMENT INSTALLATION, AND PAYMENT OF STREET MITIGATION FEE TIMING; LOCATED AT SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN; APPLIED FOR BY WATHEN CASTANOS WHEREAS, on January 10, 2017, the Arroyo Grande City Council adopted Resolution No. 4771, approving the East Cherry Avenue Specific Plan (the “Specific Plan”) and Vesting Tentative Tract Map 15-001; and WHEREAS, conditions of approval included in Resolution No. 4771 prohibited construction on Saturdays; and WHEREAS, additional conditions of approval included in Resolution No. 4771 required a traffic signal be installed at the Intersection of Traffic Way and Fair Oaks Avenue prior to the issuance of the first building permit; and WHEREAS, the developers of Subarea 2 of the Specific Plan are requesting the modification of the construction limitations to allow for construction to occur on Saturdays, as well as the modification of the timing of traffic installation to the issuance of the first certificate of occupancy; and WHEREAS, the City Council previously certified an Environmental Impact Report with overriding considerations for the Specific Plan in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and has reviewed the draft Mitigated Negative Declaration; and WHEREAS, the Planning Commission reviewed the request modifications at a duly noticed public hearing on May 1, 2018 and recommended approval of the proposal with modifications; and WHEREAS, the City Council has reviewed the requested modification at a duly noticed public hearing on May 22, 2018. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande, after due study, deliberation and public hearing, hereby modifies Conditions of Approval #18, #49, and #157 to allow for Saturday construction as follows: 1. Condition of Approval #18: Noise resulting from construction and operational Item 10.a. - Page 6 RESOLUTION NO. PAGE 2 activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code, augmented by the requirements included in mitigation measure NOI-1a. Construction activities shall be restricted to the hours of 7 AM and 5 PM Monday through Friday and 10 AM and 5 PM on Saturday. No construction shall occur on Saturday or Sunday or official holidays (e.g., Thanksgiving, Labor Day). Off-site work shall be limited to Monday through Friday. 2. Condition of Approval #49: Perform construction activities related to inspection during normal business hours (Monday through Friday, 7 A.M. to 5 P.M and Saturday, 10 A.M. to 5 P.M..). Construction work requiring inspections shall be limited to normal business hours (Monday through Friday, 7 A.M. to 5 P.M.) due to staff not being available for inspections on Saturdays. No construction shall occur on Sundays or official holidays (e.g., Thanksgiving, Labor Day). The developer or contractor shall refrain from performing any work subject to inspection other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. Off-site work shall be limited to Monday through Friday. 3. Condition of Approval #157, fourth bullet: The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 5:00 P.M. Monday through Friday and Saturday between 10:00 A.M. and 5:00 P.M. No Movement of heavy equipment shall occur on Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day). Off-site work shall be limited to Monday through Friday. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande, after due study, deliberation and public hearing, hereby modifies Conditions of Approval #162, #163, and #164 regarding timing of traffic signal installation, street improvement installation, and payment of street mitigation fees to be paid prior to issuance of the first building permit for homes other than model homes. NOW, THEREFORE, BE IT FURTHER RESOLVED that all unmodified conditions in City Council Resolution No. 4771 shall remain in force and effect. Impact and other City imposed project fees shall be those fees in place when the application for this amendment to the project conditions of approval was deemed complete, May 2, 2018. On 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 22nd day of May, 2018 Item 10.a. - Page 7 RESOLUTION NO. PAGE 3 ___________________________________ JIM HILL, MAYOR ATTEST: ___________________________________ KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ JAMES A. BERGMAN, CITY MANAGER APPROVED AS TO FORM: ___________________________________ HEATHER K. WHITHAM, CITY ATTORNEY Item 10.a. - Page 8 RESOLUTION NO. 4771 PAGE 19 a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion dates of the following milestones d. Construction e. Field verification of Stormwater Control Facilities f. Final Project approval/occupancy g. Party responsible for O&M. h. Source of funding for O&M i. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced j. Statement describing any vector or nuisance problems. 47. Annual - Maintenance Notification. The Owner/Applicant shall submit annually no later than June 30 a signed statement notifying the City of all maintenance of the installed Storm Water Control Measures. In addition, the signed statement shall include the following information: a. Stormwater Control Measures Report Number b. The location and address of Storm Water Control Facilities c. Completion date of the maintenance activities d. Party responsible for O&M e. Source of funding for O&M f. Statement indicating the Storm Water Control Facilities are Maintained as required in the Operations and Maintenance Plan and facilities continues to function as designed or have been repaired or replaced g. Statement describing any vector or nuisance problems. GENERAL CONDITIONS 48. The developer shall be responsible during construction for cleaning City streets, curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall not be permitted. The cleaning shall be done after each day's work or as directed by the Director of Public Works, the Community Development Director or his/her representative. 49. Perform construction activities related to inspection during normal business hours Monday through Friday, 7 A.M. to 5 P.M.). The developer or contractor shall refrain from performing any work subject to inspection other than site maintenance outside of these hours, unless an emergency arises or approved by the Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work outside of these hours. 50. All residential units shall be designed to mitigate impacts from non-residential project noise, in compliance with the City's noise regulations. ATTACHMENT 1 Item 10.a. - Page 9 RESOLUTION NO. 4771 PAGE 37 addressing the condition of all private stormwater facilities, BMPs, and any necessary maintenance activities on a semi-annual basis (October 15th and April 15th of each year). The requirement for maintenance and report submittal shall be recorded against the property. 157. MM NOI-1 a. For all construction activity at the Project site, additional noise attenuation techniques shall be employed as neededto ensure that noise levels are maintained within levels allowed by the City's Noise Standards. Such techniques shall include, but are not limited to: Sound blankets on noise-generating equipment. Stationary construction equipment that generates noise levels above 65 dBA at the project boundaries shall be shielded with a barrier that meets a sound transmission class (a rating of how well noise barriers attenuate sound) of 25. All diesel equipment shall be operated with closed engine doors and shall be equipped with factory-recommended mufflers. The movement of construction-related vehicles, with the exception of passenger vehicles, along roadways adjacent to sensitive receptors shall be limited to the hours between 7:00 A.M. and 5:00 P.M. Monday through Friday. No movement of heavy equipment shall occur on Saturdays, Sundays or official holidays (e.g., Thanksgiving, Labor Day). Temporary sound barriers shall be constructed between construction sites and affected uses. 158. MM NOI-1 b. The contractor shall inform residents and business operators at properties within 300 feet of the Project site of proposed construction timelines and noise complaint procedures to minimize potential annoyance related to construction noise. Noise-related complaints shall be directed to the City's Community Development Department. 159. MM NOI-3a. All noise-generating rooftop building equipment, such as air conditioners and kitchen ventilation systems, shall be installed away from existing and proposed noise-sensitive receptors (i.e., residences) or be placed behind adequate noise barriers. 160. MM REC-la. Development Impact Fees for Subarea 2. The Applicant for Subarea 2 shall pay a park improvement impact fee equal to the land value, plus twenty 20) percent of toward the cost of offsite improvement, for the additional 0.21 acres of parkland required to be dedicated pursuant to the provisions of Chapter 16.64.060 of the City Municipal Code. The value of this fee shall be based upon Item 10.a. - Page 10 RESOLUTION NO. 4771 PAGE 40 Construction work shall be coordinated with affected agencies in advance of start of work. Approvals may take up to two weeks per each submittal. Public Works Department approval of any haul routes for earth, concrete, or construction materials and equipment hauling shall be obtained. 162. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the intersection of Traffic Way and Fair Oaks Avenue. The Applicant shall: 1) submit a funding agreement between the owners of the three subareas for the Traffic Signal Improvements to the City for review and approval; and 2) submit Traffic Signal. Improvement Plans to the City for review and approval, concurrently with the Project's public improvement plans. Prior to issuance of the first certificate of occupancy, the Applicant shall complete construction of the traffic signal improvements. The City shall ensure the traffic signal is installed and operational prior to the issuance of the first building permit. 163. MM TRANS-3a. East.Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to create an exclusive right turn lane for the southbound approach of West Branch Street to East Grand Avenue. The Applicants shall to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to meet turning radius requirements of a City bus design vehicle to create an exclusive right turn lane. The Applicants shall submit plans for the restriping of West Branch Street including any modifications necessary to the northeast curb return and sidewalk to provide for design vehicle turning movements to the City for review and approval from the City Engineer, concurrent with the submittal of the project's public improvement plans. Road improvements shall be installed, inspected, and approved by the City prior to issuance of the first building permit. 164. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for a transportation improvement that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project's long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. The Applicant shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. The Applicants shall submit payment of their fair share of funding for the above mitigation prior to issuance of grading and/or building permits. The City shall Item 10.a. - Page 11 PLANNING COMMISSION PAGE 2 MINUTES MAY 1, 2018 Planning Manager Downing presented the staff report and recommended the Commission adopt a Resolution approving Certificate of Compliance 18-001. Planning Manager Downing responded to Commission questions regarding lot numbering, existing legally non-conforming homes, and the number of certificates requested. Jeff Emrick, representative, spoke in support of the project and responded to Commission questions. Action: Chair Martin moved to adopt a resolution entitled “A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE APPROVING CERTIFICATE OF COMPLIANCE NO. 18-001”, as modified 1) change the number of lots from four (4) to five (5), and 2) delete “not a part” from the shaded area. Commissioner Schiro seconded the motion. The motion passed on the following roll call vote: AYES: Martin, Schiro, Mack, Fowler-Payne, and George NOES: None ABSENT: None 8. PUBLIC HEARINGS 8.a. CONSIDERATION OF TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION; LOCATION – SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN; APPLICANT – WATHEN CASTANOS HOMES; REPRESENTATIVE –CAROL FLORENCE, OASIS ASSOCIATES Planning Manager Downing presented the staff report and recommended the Commission adopt a Resolution recommending the City Council modify conditions of approval to allow for Saturday construction of residences for Subarea 2 of the East Cherry Avenue Specific Plan and maintain the requirement for the traffic signal at Traffic Way and Fair Oaks Avenue be installed prior to issuance of the first building permit. Planning Manager Downing responded to Commission questions regarding the project. Chair Martin invited the applicant to speak on the project. Carol Florence, Oasis Associates, and Josh Peterson, Wathen Castanos Homes, both spoke in support of the requested modifications and agreed to the potential modification to traffic signal installation timing to occur before the first building permit other than model homes. Chair Martin opened the public hearing. Speaking from the public was: Linda Osty, who expressed that they have agreement on everything they wanted from the developer, that they are comfortable waiting for the traffic signal, and comfortable with Saturday work. Hearing no further speakers, Chair Martin closed the public hearing. Action: Vice Chair George moved to adopt a resolution entitled, “A REOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL MODIFY CONDITIONS OF APPROVAL #49 AND #157 OF RESOLUTION NO. 4771 REGARDING SATURDAY CONSTRUCTION AND MAINTAINING CONDITION OF APPROVAL #162 REGARDING TRAFFIC SIGNAL INSTALLATION TIMING,” as modified 1) allow Saturday work between the hours of 10 am and 5 pm, 2) limit off-site work to Monday through Friday, and 3) change the timing of the traffic signal installation to “prior to issuance of building permit for the first home other than the model homes.” Commissioner Schiro seconded the motion. The motion passed on the following roll call vote. ATTACHMENT 2 Item 10.a. - Page 12 PLANNING COMMISSION PAGE 3 MINUTES MAY 1, 2018 AYES: George, Schiro, Martin NOES: Fowler- Payne, Mack ABSENT: None Chair Martin moved to recommend the City Council approve similar timing modifications for Conditions of Approval 163 and 164. The motion failed to receive a second and was withdrawn 10. ADMINISTRATIVE DECISIONS SINCE APRIL 17, 2018 None. 11. COMMISSION COMMUNICATIONS Commissioner George stressed the importance of professionalism. Commissioner Fowler-Payne commented that Commissioners need to review the Subdivision Map Act and do more thorough reviews of projects. Commissioner Mack commented that the Planning Commissioners are there to be good stewards of the City and that the Commission should continue items that do not provide enough information. 12. STAFF COMMUNICATIONS Director McClish alerted the Commission that the public is welcomed to comment on the environmental documents for the Brisco Interchange Project until May 12th. 13. ADJOURNMENT The meeting adjourned at 8:03 p.m. ATTEST: PATRICK HOLUB GLENN MARTIN, CHAIR SENIOR OFFICE ASSISTANT (Approved at PC Meeting ______________) Item 10.a. - Page 13 TO: HONORABLE CITY COUNCIL MEMBERS c/o Ms. Teresa McClish, Director of Community Development Dcpai1ment CITY OF ARROYO GRANDE 300 East Branch Street Arroyo Grande, CA 93420 F'UOM: WATHEN CAST ANOS HOMES c/o Justin Allison, Project Manager RE: EAST CHERRY A VENUE SPECLFIC PLAN -SUBAREA 2 February 27, 2018 GENERAL PLAN AMENDMENT 15-001; SPECIFIC !~LAN 15-001; VI~STING TENTATIVE TRACT MAP 15-001 Dear Council Members, On behalf of Wathen Castanos, we would respectfully rcqucllt modification of City Council Resolution No. 4771 and specifically conditions of approval nos. 49 and 157, as noted below, to include constrnction on SaturdRy for the duration of the project. Your approval of our request will at once increase our rate of production and reduce the overall durntion of the project conslrnction. Constmction would potentially occur on fifty-two (52) Saturdays over a two-year time spim and will, therefore, save up to two und onc-lmlfmonths (10 weeks±) of the ovemll project durntion. The following represents the requested changes to the conditions of approval. COA #49 Petform constrnction activities related lo inspection during normal business hours (Monday through ffiday Saluti/(I\', 7 A.M lo 5 P.M). The developer or contractor shall refrain from petforming any work subject to inspection other than site mainlemmce outside of these hours, unless an emergency arises or approved by /he Community Development Director. The City may hold the developer or contractor responsible for any expenses incurred by the City due to work oltfside of these hours. COA # 157 The movement of co11struction-related vehicles, with the exception of passenger vehicles, along roadways acfjace11/ Jo sensitive receptors shall be limited to the //ours between 7:00 A.M and 5:00 P.M Monday through~ S11111rd<~1i. No movemelll of heavy equipment shall occur on Saluf'dayrr, Sundays or ofllcial holidays (e.g., Thanksgiving, Labor Day). In closing, the Council's approval of Saturday construction will not only allow us to efficiently complete the construction process but will also benefit our directly adjacent residential neighbors. ln addition, we will, of course, comply with the City's noise regulations to ensure sensitivity to our neighbors. If you have any questions or would like any additional infom1Rtion, please contact me directly via email at justi11@wcll~!111e~.ccm:i or 80. 5.5440 ext. 203. ATTACHMENT 3 Item 10.a. - Page 14 cc: Matthew Downing, Planning Manager Wathen Castanos Homes C.M. Florence, ATCP Agent/ Oasis Associates, Inc. o:\e. cherry sub. 2 plg-wathen casta.nos 17-0042\client\2018-02-20. draft_sahrrday construction request.docx Item 10.a. - Page 15 OASIS ASSOCIATES LANDSCAPE ARCHITECTURE+ PLANNING 20 March 2018 HONORABLE MEMBERS OF THE CITY COUNCIL CITY OF ARROYO GRANDE c/o Ms. Teresa McClish, Director of Community Development . 300 East Branch Street Arroyo Grande, CA 93420 RE: EAST CHERRY A VENUE SPECIFIC PLAN -SUBAREA 2 I . CITY COUNCIL RESOLUTION NO. 4771 -CONDITION OF APPROVAL NO. 163/ MM TRANS-2A-REQUEST FOR MODIFICATION Dear Council Members, We represent Wathen Castanos, the owners and builders of the East Cherry Avenue Specific Plan Subarea 2 single-family residential project. In January 2017, the Council approved entitlements for the properties within the Specific Plan area. Since that time, the owner/builder has diligently pursued preparation of the requisite documents to further the project and, ultimately, request that the City issue the permits related to the various aspects of the project. We are excited to break ground and stait grading activities soon after cessation of the rains. Our familiarity with the conditions of approval and related mitigation measures, at this juncture, is quite deep and we now fully understand the relationship between the permit(s) and construction sequence. Based upon that, we have discovered that the timing of the installation of the traffic signal at Fair Oaks and Traffic Way is impracticable. For ease ofreference, the noted condition is presented in its.entirety and the problematic timing aspect highlighted. ' 163. MM TRANS-2a. Fair Oaks Avenue/Traffic Way: A new traffic signal shall be installed at the intersection of Traffic Way and Fair Oaks Avenue.' The Applicant shall: 1) submit a funding agreement between the owners of the three subareas for the Traffic Signal Improvements to the City for review and approval; and 2) submit Traffic Signal Improvement Plans to the City for review and approval, concurrently with the Project's public improvement plans. The City shall ensure the traffic signal is installed and operational prior to the issuance of the first building permit. (emphasis added) - While Wathen Castanos is firmly comm.itted to fulfilling the obligations noted in the condition of approval (e.g., the signal plans have been prepared and submitted to th~ City for review), it will be physically impossible to bid, order, and construct the,signal prior to issuance of the first building permit. While we acknowledge that the project's impact will add to the current delay at the inte!·section, the full impact does not occur until occupancy of the individual projects. Since Subarea 1 (calculated for purposes, of the Specific Plan as a 100-room hotel) and the Japanese Welfare Association's project on Subarea 3 are not currently pursuing their projects, the impact of solely the single-family residences represents a much smaller incremental impact. In addition, our client~. are willing to bond for the signal improvement to provide additional assurance to the City of its construction. r-~"""""--""""'----" RECEIVED 3427 Miguelitq Court San Luis Obispo, CA 93401 805.541.4509 p 805.546.0525 f MAR 2 1 2018 www < aOQMM:lJ:NliTY DEVELOPMENT CITY OF ARROYO GRANDE ATTACHMENT 4 Item 10.a. - Page 16 ·OASIS ASSOCIATES, INC. 20 March 2018 E. Cherry Ave. SP -Request for COA/MM Modification Page 2of2 Thank you in advance for your time and consideration. Please contact me directly should you have any questions. We look forward to your positive response. Yours respectfully, OA.r~I.~ .. S.· SCYC.~.1 A TES, INC. ; l (J \ 'la{~ ' /, I I {' Ii' '\'2.?tL~ (t) C.M. Florence, AICP Agent WATHEN CASTANOS c: Matthew Downing Wathen Castanos Homes 17-0042 Item 10.a. - Page 17 EXHIBIT A CONDITIONS FOR THE EAST CHERRY AVENUE SPECIFIC PLAN RELATING TO SUBAREA 1 AND CONDITIONS OF APPROVAL FOR SUBAREA 2 VESTING TENTATIVE TRACT MAP 15-001 18. Noise resulting from construction and operational activities shall conform to the standards set forth in Chapter 9.16 of the Municipal Code, augmented by requirements included in mitigation measure NOI-1a. Construction activities shall be restricted to during the hours of 7 AM and 5PM Monday through Friday and Saturday during the hours of 8 AM to 5 PM. No construction shall occur on Saturday or Sunday. 163. MM TRANS-3a. East Grand Avenue/West Branch Street: The Applicants shall modify the lane geometry of the intersection of East Grand Avenue and West Branch Street in order to create an exclusive right turn lane for the southbound approach of West Branch Street to East Grand Avenue. The Applicants shall to design and install the necessary improvements including widening, restriping, and curb reconstruction of westbound West Branch Street/ northbound West Branch Street to meet turning radius requirements of a City bus design vehicle to create an exclusive right turn lane. The Applicants shall submit plans for the restriping of West Branch Street including any modifications necessary to the northeast curb return and sidewalk to provide for design vehicle turning movements to the City for review and approval from the City Engineer, concurrent with the submittal of the project’s public improvement plans. Road improvements shall be installed, inspected, and approved by the City prior to issuance of the first building permit, other than building permits for the model homes. 164. MM TRANS-3b. East Grand Avenue/West Branch Street: The Applicants shall pay a fair share portion of the design and construction costs for a transportation improvement that would provide an acceptable LOS consistent with adopted City policy, in order to mitigate the Project’s long-term impact on the cumulative condition, using the Equitable Share Responsibility Formula from the 2002 Caltrans Guide for the Preparation of Traffic Impact Studies. The Applicant shall fund a fair share of the estimated costs for construction of two roundabouts at the intersection of east Grand Avenue/U.S. Highway 101 northbound ramps and the intersection of East Branch Street and Traffic Way. The Applicants shall submit payment of their fair share of funding for the above Item 10.a. - Page 18 mitigation prior to issuance of grading and/or the first building permits, other than building permits for the model homes. The City shall determine the amount of payment of fair shares for each Applicant commensurate with metrics that demonstrate the relative level and intensity of proposed development (e.g., square footage, land use type, trip generation, etc.). The City shall establish a separate East Grand Avenue/West Branch Street traffic mitigation fund to accept the Applicant’s payment(s). Item 10.a. - Page 19 CITY OF ARROYO GRANDE PLANNING COMMISSION NOTICE OF PUBLIC HEARING RECEIVED APR 2 6 2018 COMMUNITY DEVELOPMENT CITY OF ARROYO GRANDE On TUESDAY, MAY 1, 2018, the Arroyo Grande Planning Commission will conduct a public hearing at 6:00 P.M. in the COUNCIL CHAMBERS at 215 E. BRANCH STREET to consider the following: TENTATIVE TRACT MAP 18-002; AMENDMENT TO VESTING TENTATIVE TRACT MAP 15-001 REGARDING CONSTRUCTION HOURS AND TIMING OF TRAFFIC SIGNAL INSTALLATION; LOCATION -SUBAREA 2 OF THE EAST CHERRY AVENUE SPECIFIC PLAN; APPLICANT -WATHEN CASTANOS HOMES; REPRESENTATIVE -CAROL FLORENCE, OASIS ASSOC'IATES The Planning Commission will consider making a recommendation to the City Council on an application to amend conditions of approval associated with Vesting Tentative Tract Map 15-001 to allow for construction on Saturdays and to modify the timing of traffic signal installation to the time of certificate of occupancy issuance. In compliance with the California Environmental Quality Act (CEQA), the City Council has previously certified an Environmental Impact Report with overriding considerations regarding impacts associated with the E. Cherry Avenue Specific Plan. The Planning Commission may also discuss other hearings or business items before or after the item listed above. If you challenge the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Comments may be either: (1) mailed or delivered in person to the Community Development Department at 300 East Branch Street, Arroyo Grande, CA or (2) provided in person at the Public Hearing. Failure of any person to receive notice shall not constitute. grounds .for any court to invalidate the action of the legislative body for which the notice was given. Staff reports are posted on line at www.arroyogrande.org 72 hours prior to the meeting. Please call 473-5420 for more information. The Planning Commission meeting will be televised live on Charter Cable Channel 20. Debbie Weichinger ,-:I Secretary to the Commission (Publish 1 T, The Tribune, Friday, April 20, 2018) NO t\· ~'t/ ····r+-t(~-"\( S·H~\Ltl'D ·At>tl<C 1-t~·b DrllJ&t!'1 1111\, S @-'ff-tt$ L~ ~ < fr-· t\/\J~:\ o ~ f ~c_o,Jv_~{ Wll ff rl 1\~~. l'D~lfIS,. 'JJvt 5T{LL 1-J oT CON V t\IV C ~k> ~ ~ ~» ~J} o \J~~ ~f\ Ttf'- t-D vJ~N( ClJIJSTl\,Ut(TIO~ 01 {__k,tc\'--e.-s KSfs\: ATTACHMENT 5 Item 10.a. - Page 20 Item 10.a. - Page 21 Item 10.a. - Page 22 Item 10.a. - Page 23 Item 10.a. - Page 24