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)
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ATTACHMENT 5
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