PC 08.a. August 4, 2015 MemorandumMEMORANDUM
TO: PLANNING COMMISSION
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: fiJ3 MATTHEW DOWNING. ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002;
SPECIFIC PLAN AMENDMENT 14-001, CONDITIONAL USE PERMIT
14-009, VESTING TENTATIVE TRACT MAP 14-001, AND
DEVELOPMENT AGREEMENT 15-002; SUBDIVISION OF TWO (2)
COMMERCIAL PARCELS INTO THIRTY-EIGHT (38) RESIDENTIAL
LOTS, ONE (1) COMMON AREA LOT, AND THREE (3) COMMERCIAL
LOTS; LOCATION - SOUTHWEST CORNER OF EAST GRAND
AVENUE AND SOUTH COURTLAND STREET; APPLICANT - NKT
COMMERCIAL: REPRESENTATIVE - RRM DESIGN GROUP
DATE: AUGUST 4,2015
RECOMIVIENDATION:
It is recommended that the Planning Commission review the proposed project and
adopt a resolution recommending that the City Council:
1. Consider the Mitigated Negative Declaration;
2. Adopt a resolution certifying the Mitigated Negative Declaration and approving
General Plan Amendment 14-002, Specific Plan Amendment 14-001, Conditional
Use Permit 14-009, and Vesting Tentative Tract Map 14-001; and
3. Adopt an ordinance approving Development Agreement 15-002.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The proposed project would cause a relatively neutral shift in property taxes for the site,
as a majority of the site would be converted to single-family residential. Although
commercial property taxes are typically higher than residential, the number of single-
family residences is anticipated to help offset any reduction. Sales tax revenue for the
proposed commercial development is anticipated to be approximately $25,000 annually,
based upon information provided by the City's economic development consultant.
However, this could be a slight underestimation due to the lack of identified commercial
uses as part of the project.
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 2
BACKGROUND:
The subject property is identified as Subarea 3 of the Berry Gardens Specific Plan
(BGSP), is zoned Gateway Mixed-Use (GMU) with the BGSP overlay, is approximately
4,47 acres in size, and is the last remaining undeveloped piece of the BGSP. The
BGSP has been amended several times, most recently in March 2011. That
amendment and subsequent use permit approval allowed for construction of the thirty-
six (36) unit Peoples' Self Help Housing (PSHH) project on adjacent Subarea 4.
Although a development proposal for Subarea 3 was under consideration at that time,
the application was eventually withdrawn. As a result, the Specific Plan Amendment
designated Subarea 3 as an unplanned subarea with no use restrictions or development
standards, but subject to a future specific plan amendment.
A specific plan is a tool for the systematic implementation of the general plan. It
effectively establishes a link between implementing policies of the general plan and the
individual development proposals in a defined area. A specific plan may be as general
as setting forth broad policy concepts, or as detailed as providing direction to every
facet of development from the type, location and intensity of uses to the design and
capacity of infrastructure; from the resources used to finance public improvements to
PLANNING COMMlSSlON
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001. CONDITIONAL USE PERMIT 14-009. VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 1&002
AUGUST 4,2015
PAGE 3
the design guidelines of a subdivision (California Environmental Resources Evaluation
System [CERES], 1998).
Proiect Description
The proposed project (Attachment I) would enable the build out of the remaining vacant
area of the Berry Gardens Specific Plan with mixed-use and mixed housing types.
When combined with Subarea 4, these housing types would include vertical mixed-use
condominiums, small-lot single-family homes, and apartments. Subarea 3 will include
two separate subareas. Subarea 3a would include the creation of three (3) parcels
adjacent to East Grand Avenue with three (3) mixed-tenant commercial buildings
totaling approximately 15,600 square-feet of commercial floor area and four (4) two-
bedroom, second-story condominium units of approximately 1,000 square-feet in size in
a vertical mixed-use arrangement over the western commercial building. Subarea 3b
would include the creation of thirty-eight (38) parcels for construction of an equal
number of high-density, single-family detached homes and one (1) common area lot to
include driveways, parking areas, and a centrally located neighborhood green. A
majority of the homes would be three bedrooms with four (4) different floor-plans and
two (2) homes with four bedrooms.
The proposed project is largely similar to the proposal considered by the Planning
Commission and City Council near the end of 2014. However, the City Council took no
formal action on that proposal. Instead, the City Council approved a Memorandum of
Understanding with the developer to negotiate a development agreement for one of two
development options including the previously considered project with an additional
5,000 square-feet of commercial space and a subsequent reduction in residential lots
(Attachment 2). Pursuant to the Memorandum of Understanding ("MOU"), the
developer has chosen to pursue this development option in the proposed Development
Agreement (Attachment 3).
Staff Advisorv Committee
The Staff Advisory Committee (SAC) reviewed the revised project description on July
22, 2025. At that time, the SAC discussed changes made to the project, which included
grade differences and fencing options between the uses of the site, clarified fire
apparatus access through the residential portion of the site and emergency services
access to adjoining sites, modified previously identified Conditions of Approval as
necessary, and remained in support of the project with the revised project description.
ANALYSIS OF ISSUES:
Development Aqreement
The development agreement is a tool by which local agencies and property owners
enter into a contractual agreement identifying the intensity, timing, and conditions of
development of real property. Development agreements provide an enhanced degree
of certainty in the development process for both the property owner and the local
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2025
PAGE 4
agency, as items such as phasing are negotiated as part of the contractual agreement.
In this instance, pursuant to the approved MOU, the proposed Development Agreement
provides for the construction of 15,600 square-feet of commercial floor area and thirty-
eight (38) high-density, single-family detached residences, with extensive on and offsite
improvement requirements and project phasing conditioned and secured.
General Plan Amendment
The General Plan is the foundational development policy document for the City and
defines the framework for how the physical, economic, and human resources are-to be
managed. The General Plan underwent a comprehensive update that was adopted by
the City Council in 2001, with amendments and some individual Element updates since
that time. As time passes the original adoption date of the General Plan, it is important
for the City to reassess included polices and ensure they reflect current trends and
desired future for the City.
The proposed project includes a General Plan Amendment due to an inconsistency with
an implementation policy that relates specifically to the project site. The proposed
project will amend implementation policy LU5-10.1, which states:
LU5-$0.1 Promote development of a high intensity, mixed-use, pedestrian
activity node centered on the Courtland StreeUEast Grand Avenue intersection
as a priority example of revitalization of this corridor segment known as Gateway.
The need for a General Plan Amendment results from the exclusion of single-family
detached housing, regardless of density, from the definition of mixed-use. The following
amendment is intended to address the definition issue on the subject property while
preventing carte blanche construction of single-family detached housing along East
Grand Avenue as properties are redeveloped and continuing efforts to promote the high
intensity development the City is seeking in this downtown mixed-use corridor (addition
underlined):
LU5-10.1 Promote development of a high intensity, mixed-use, pedestrian
activity node centered on the Courtland StreeUEast Grand Avenue intersection
as a priority example of revitalization of this corridor segment known as Gateway.
Within the specific plan area, small lot sinqie-family detached housin~ mav be
allowed at multi-family densities if inteqrated with and located behind a primary,
distinctive, and attractive commercial/mixed-use aateway component.
The proposed modification will align City Policy with the needs of the site, would not
create any inconsistencies with existing developments in the area or internally within the
General Plan itself, and would limit the extent of replication, if any, of single-family
detached housing along East Grand Avenue.
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001. CONDITIONAL USE PERMIT 14-009. VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 1k002
AUGUST 4,2015
PAGE 5
Specific Plan Amendment
The proposed amendment to the BGSP (Attachment 4) aims to set development
standards for Subarea 3, is largely consistent with the previously considered
amendment, and has been updated to account for the additional commercial building
and reduction in residences. Due to Subarea 3 being designated as an unplanned
Subarea of the BGSP, it is important to note that any project proposal would require an
amendment. The amendment would define the boundaries of the two proposed phases
of Subarea 3 for the commercial and residential developments (as generally shown
above on the location map). Aside from the detached, small lot single-family homes,
the proposed development standards for each subarea are equivalent to the
development standards of the Gateway Mixed-Use (GMU) zoning district, which is the
underlying zoning district for the property and is included for comparative purposes
(Attachment 5). The following table summarizes the differences between development
standards for the GMU zoning district and the proposed specific plan amendment
(proposed standards that are more permissive are shown in bold text):
. - -. . - . .- - . - .. .- ...... .... - ..........
Development standard GMU Zoning District Proposed Subarea 3a Proposed Subarea 3b -. - . . - - . / . - ............... -. . - ........
Max~m ~m oensty 25 un~ls acre .......... Cons sten1 -. ... wit-h - ..... GMU 20 ~nlls acre
~initn ~rn - 101 size -. 20.000 square-feet - .- 20.000 .- square-fee! 2,000 square-feet ... ...... ....... ... ........ .... - - .....
~ront yaro sctbacn 0-10' 0-5 ni~nim~m Bo~noary Lots 10
The proposed specific plan amendment identifies that when future property owners
desiring to modify individual residences after tract construction would require a Minor
Use Permit-Plot Plan Review from the Community Development Department to ensure
compliance with the specific plan. Standards that are not identified in the specific plan
would be required to conform to the requirements of the Arroyo Grande Municipal Code
(AGMC).
I
Lot coverage
Vestinq Tentative Tract Map
The proposed tract map will subdivide Subarea 3 into forty-two (42) parcels, including
three (3) commercial parcels of 25,521 square-feet, 18,047 square-feet, and 10,393
square-feet, forty-one (41) residential parcels with a minimum size of 2,000 square-feet,
and one (1) common residential lot, including driveways, parking spaces, and the
neighborhood green, of 48,469 square-feet. The proposed lot sizes are consistent with
Rear yard setback
Interior side yard setback
--
Street side yard setback
I
0-15'
0-5'
0-15'
/ Interior cots: 8'
--
75%
0-5' minimum
0-5' minimum
,
0-5' minimum
Boundary Lots: 10'
lnterior Lots: 2-8'
Boundary Lots: 10'
lnterior Lots: 4'
Boundary Lots: 10'
50%
Floor Area Ratio
lnterior Lots: 2'
65%
7
35'
1.5 1.25
35' Building height 35'
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 6
the proposed specific plan amendment. The Map is additionally reserving the ability for
the four (4) mixed-use units to be condominiums and sold individually as well.
Desiqn Guidelines and Enhancement Plan
The Design Guidelines and Standards for Mixed-Use Districts (Design Guidelines) were
adopted by the City Council in 2004, after the City's mixed-use zoning districts were
created. The Design Guidelines reference the East Grand Avenue Enhancement Plan
(Enhancement Plan), which was drafted and circulated in 2002, prior to creation of the
City's mixed-use zoning districts. The Enhancement Plan provides concepts and
project considerations important to creating a successful project and revitalized corridor.
Conditional Use Permit
The proposed conditional use permit will allow development of Subarea 3a with three
(3) commercial buildings ranging in size from approximately 3,600-6,500 square-feet.
Commercial building area totals approximately 15,600 square-feet, pursuant to the
MOU approved by the Council. No tenants are currently identified as part of the
conditional use permit. Additionally, the conditional use permit will allow the
development of four (4) second-floor condominium style units of approximately 1,000
square-feet each above Building 1. This vertical mixed-use arrangement as well as the
construction of new commercial buildings require the approval of a conditional use
permit in accordance with the AGMC. The proposed buildings are consistent with the
proposed specific plan amendment, as illustrated in the following table:
Development Standard
Front yard setback
The Design Guidelines provide site and building design requirements and architectural
concepts. The following excerpts pertain to the development of Subarea 3:
Rear yard setback
Interior side yard setback
Street side yard setback
Lot coverage
e Include specially treated pedestrian walkways to connect parking areas to
buildings.
e Buildings should enclose streets, plazas or paseos and contribute to well defined
and walkable blocks. Building placement, streetscape elements and landscaping
each define the public realm. Consideration should be given to connectivity
between adjacent developments.
: 22'
70'
224'
-22%
Building height i 31'
24'
245'
30'
-24%
5'
5'
30'
-35%
28' 28'
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 7
Projects should integrate porches, balconies, decks and seating areas that are
located to promote pedestrian use of the street edge by providing weather
protection, comfort security, and safety. Design shall incorporate handicap
accessible access, considerations for walkers (e.g. lockers), bicyclists (e.g. bike
racks) and transit patrons.
Parking shall be located away from East Grand Avenue and shared by multiple
owners/users.
The desired configurations and locations for off-street parking lots, in order of
preference, are:
o Shared double-loaded aisle to side or rear of building partially on-site and
partially off-site on neighboring parcel;
o Shared off-site or public parking lot within 500 feet;
o Double-loaded aisle to side, rear, above or below building on-site - Buildings shall be two to three stories, with active fronts (e.g. articulated entries,
detailed facades). A three-story component may be appropriate within a project
located on a large lot and when it can be appropriately integrated considering
adjacent buildings and uses. The maximum height of a building should not
exceed 35 feet except if additional height is needed to accommodate a design
feature that contributes to both the character of the building and the surrounding
area, and if upper-floors are recessed andlor massing is well articulated. For
example, an additional story or tower element on a building at a key intersection
may delineate a corner landmark building.
a Ground floors should have clear articulation and a tall ceiling height (e.g. 10-15
feet.), and have a high percentage fenestration (arrangement of windows/doors -
40-60% of the facade). Awnings and overhangs are encouraged.
a Emphasize three-dimensional detailing on faqades such as cornices, window
moldings, and reveals to cast shadows and create visual interest on the faqade.
The purpose of the Enhancement Plan is to "define a design framework for both future
public improvements and further private developments that will enhance the functions
and aesthetics of this particular area [properties adjacent to East Grand Avenue". The
following objectives of the Enhancement Plan apply to the development of Subarea 3:
a Provide for a diversity of retail and service commercial, offices, residential and
other compatible uses, in size and scale to fit the "rural setting and small town
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 8
character" of Arroyo Grande, without duplication of the function or character of
other commercial areas.
0 Plan for a revitalized East Grand Avenue Mixed-Use corridor that has less of a
strip commercial aspect and more consistent, coordinated mixed-use boulevard
ambiance with district activity subareas: Highway, Midway and Gateway.
0 Include appropriate site planning and urban design amenities to encourage travel
by walking, bicycling and transit as well as automotive access, along the entire
corridor.
Promote development of buildings along a landscaped sidewalk frontage with
rear yard and side street parking. Include substantial landscaping and
streetscape improvements.
0 Propose functional design including specialized open space such as squares,
courtyards and plazas whose frequent use is encouraged through placement and
design such as proximity to public transit stops. Allow density bonuses and
shared or public parking reduction to increase development intensity and enable
more efficient utilization.
* Propose designs for attractive streetscape including street trees and other
landscaping, building fa~ade improvements, better signage and more consistent
and coordinated development design, including fewer driveways and
enhancement of off-street parking areas.
The proposed project addresses several of the goals and objectives of both the Design
Guidelines and Enhancement Plan. Specifically, the proposed project includes:
0 An outdoor patio area near the intersection of East Grand Avenue and South
Courtland Street;
* A paseo between the commercial buildings;
Enhanced pavement in areas along East Grand Avenue and onsite;
Landscape buffer along South Courtland Street and adjacent to the PSHH
project; and
* Enhanced ADA access from East Grand Avenue.
Residential Density
Municipal Code Subsection 16.36.030.C identifies residential density equivalents for
residential projects located in the mixed-use zoning districts as follows:
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 9
LiveIWork Unit j .5
Studio ! .5 _i I
Based on the proposed development, the total residential density of Subarea 3a and
Subarea 3b are as follows:
36 1 3-bedroom / 1.5 / 54
t 2 / 4-bedroom 1 2 / 4
j Subarea 3a: 4
L / Subarea 3b: 58
Density for the residential portion of the site is 18.53 dwelling units per acre. This is
comparable to the multi-family residential densities identified in the General Plan and
Municipal Code and is approximately seven (7) units per acre more dense than Walnut
Grove on Woodland Drive.
Attainable Housing
In the 2013 General Plan Housing Element update, the City identified the importance of
providing housing to workers who are increasingly finding -housing to be financially out
of reach. This can cause issues for local businesses when they cannot recruit or retain
qualified employees. The Housing Element considers this problem to be an issue of
"Attainable Housing". Policy A.14 mandates that the City shall promote infill housing
opportunities through an attainable housing program. While the AGMC has not yet
been amended to include a formal definition of "Attainable Housing", the Housing
Element identifies qualities anticipated to be part of the definition, including:
Projects in mixed-use districts;
lnfill projects;
Projects that include elements that exceed the mandatory California Green
Building Code Standards in Title 24;
0 Projects that include universal design elements;
Projects including single-room occupancy units; and
Projects with a high percentage of rental units.
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 10
Under this outline of "Attainable Housing", the proposed project meets several of these
qualities and fills an important housing niche in the community. Additionally, the project
will pay its proportional share of affordable housing in-lieu fees to help develop
affordable housing projects elsewhere in the City, such as the PSHH project to the
south of the site.
Siqnaqe
Signage standards have been integrated into the proposed specific plan amendment
(as opposed to a separate planned sign program), and would apply to both Subareas.
As proposed, each business in each building will be allowed one wall sign per building
face the business fronts, with a size not to exceed 1.5 sq. ft. of sign area for each linear
foot of building frontage utilized for the business. Pedestrian scale and orientation of
signs is encouraged in the specific plan amendment.
The AGMC limits each business within a commercial complex to one (I) wall, canopy or
projecting sign per street frontage. Individual signs are limited in size to seventy (70)
square-feet. The proposed sign parameters of the specific plan amendment would
likely exceed the total number of signs allowed per business per the Municipal Code, as
businesses in the corner of the building would be allowed to have a single sign on each
of the three walls. Businesses in the interior of the buildings (i.e. not including the
corner of the building) would be allowed two (2) signs; one sign facing East Grand
Avenue and the second facing the parking lot. However, these deviations can be
permitted under the specific plan amendment if it is found to be desirable by the
Council. Business specific sign proposals would still require appropriate discretionary
approval through the Community Development Department to ensure compliance with
standards identified in the specific plan and the Municipal Code for standards not
identified in the specific plan.
Architectural Character
The commercial buildings are proposed as prime examples of the contemporary style
and massing that lends itself to a vibrant, pedestrian-oriented development, which the
City is seeking at the western Gateway. This includes smooth, flat surfaces with clean
lines and a mixture of materials. Massing of the buildings is a uniform two-story height
adjacent to the sidewalk, which is meant to enclose the street and create a more
inviting, pedestrian friendly and distinguishable atmosphere. The massing and
orientation of the buildings provides opportunities for several outdoor plaza spaces for
pedestrian activity. The architecture type is consistent with the previously considered
project and will require final architectural review by the Architectural Review Committee.
The proposed residential buildings are designed with a more contemporary, mid-century
style. The residences will utilize differing colors between five (5) styles, each with bold
accent colors, corrugated metal roofing over the porches, asphalt shingle roofing over
the remainder, white vinyl windows, and a variety of roof forms. According to the
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 1 I
applicant's proposal, the intent of the design is to provide lines of transition from the
commercial development on East Grand Avenue to Berry Gardens, create a more urban
atmosphere to complement the project density, be compatible with the PSHH project,
and be visually distinct from Berry Gardens to preclude the development from appearing
as an extension of the Berry Gardens neighborhood. Final review of the project's
architecture will be made by the Architectural Review Committee for a recommendation
to the Community Development Director.
Access
The commercial component of the project proposes three (3) access points in total.
This includes two (2) from East Grand Avenue and one (I) from South Courtland Street.
Although the Enhancement Plan recommends design of fewer driveways in new
developments, the proposed driveways are narrow, include decorative crosswalk
treatment and aprons, and facilitate maneuverability of building space. The
westernmost driveway would be designed to only allow vehicular egress in an
eastbound manner. The center driveway (see Attachment 7, Sheet EXI) would only
allow vehicles to turn right into the development. The single driveway on South
Courtland Street would allow full ingress and egress to the site.
The residential project component would contain one (1) primary vehicular access point
from South Courtland Street. Interior driveways are proposed to be private, maintained
by a Homeowner's Association, and contain fire lanes on both sides due to narrowness.
Emergency access to and from the PSHH project would be maintained as part of the
project.
Pedestrian Access
The proposed project eliminates pedestrian access between Subareas 3a and 3b. This
does conflict with recommendations in the Design Guidelines that recommend
connectivity between developments. The applicant has indicated this was necessary in
order rearrange residential lots to accommodate the additional commercial square-
footage prescribed in the MOU approved by the Council and providing additional
parking in Subarea 3b. Pedestrian connection between the two Subareas, as well as
the remainder of Berry Gardens, would be increased with the installation of curbs,
gutters, and sidewalks along the project frontage. Removal of the pedestrian
connection also addresses a safety, maintenance, and liability issue previously
identified by the applicant whereby members of the public could visit the commercial
component of the project and make their way down to the neighborhood park
maintained by a private Homeowner's Association.
TraRic
Additional traffic will be generated as a result of the proposed project and impacts
associated with traffic are identified in the Initial StudyIMitigated Negative Declaration.
The previously prepared traffic study was revised and finalized to include the modified
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 12
project description (Attachment 6). While some of the peak hour trips changed as a
result of the revised project description, no new impacts were identified and additional
mitigation measure beyond those previously identified were not necessary. Therefore,
impacts to the City's circulation system will be adequately mitigated as to not result in a
significant impact.
During the processing of the previous project in 2014, the City Council directed staff to
investigate existing traffic concerns voiced by the residents of Berry Gardens. Staff
commissioned a report to look at current vehicle volumes in the Neighborhood and
options available to address neighborhood concerns, namely speeding. The Draft study
was completed by Omni-Means in April. While there may be a perception that the
neighborhood sees an unusually large number of vehicle trips and at relatively high
speeds, the study concluded that the data does not support those claims and thus traffic
calming measures are not warranted.
Parkinq
Parking requirements for the development are identified in AGMC Section 16.56.060.
Parking requirements are dependent upon the use proposed, but for Subarea 3a
requirements are generally one (1) space per 250 square-feet of gross floor area. The
proposal of 15,600 square-feet of commercial floor area results in a requirement for
sixty-two (62) parking spaces. The four (4) two-bedroom condominiums in subarea 3a
require two (2) spaces per unit, totaling eight (8) spaces. In total, seventy (70) parking
spaces are required for Subarea 3a.
The developer is providing seventy-seven (77) parking spaces in Subarea 3a to
accommodate the additional 5,000 square-feet of commercial floor area. This includes
four (4) spaces reserved solely for the condominiums (1 space per unit) and seventy-
three (73) open, unassigned spaces to exceed the total parking requirement.
For Subarea 3b, parking is required per unit. Traditionally, this would include two (2)
spaces per unit in an enclosed garage, as well as guest parking at a rate of 0.5 spaces
per unit. For the proposed development, these requirements result in 19 guest parking
spaces. Each residence in Subarea 3b contains 2 spaces in their respective garages,
meeting the requirement for the residences. The applicant has provided twenty-three
(23) guest parking spaces spread throughout the site, with a grouping of these spaces
in the southwest corner. Parking provided in Subarea 3b exceeds the requirements of
the AGMC.
Concerns had been raised previously that Subarea 3b has a lack of parking due to
garages being used for storage instead of parking and families having more than two
cars. It should be noted that there is nothing within the AGMC that would require
additional parking beyond the base requirements. Additionally, the development is
required to have a Homeowners' Association (HOA). Through active management of
PLANNING COMMlSSlON
CONSlDERATlON OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMlT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 13
guest parking by the HOA, as is common in similar developments in other jurisdictions,
these concerns can be reduced, although it is doubtful that they would be completely
eliminated. Lastly, if residential projects are expected to require parking in front of
garages, then the higher densities prescribed by the General Plan and mixed-use and
multifamily districts are further constrained and lower-density residential projects will
result, thus limiting the potential for additional housing choices beyond the standard
large-lot, single-family design, which is contrary to the General Plan for areas in the
Mixed-Use land use category
LandscapinqtOpen Space
The proposed conceptual landscape plan includes both perimeter and interior trees and
screeninglground cover plant material that meet the City's drought tolerant landscaping
requirements. Specific plantings in private yard areas of Subarea 3b are not identified
and it is anticipated that these would be up to the homeowners to plant.
Municipal Code Subsection 16.48.065.C.l outlines requirements for open space for
mixed-use projects at a minimum of 350 square-feet per unit. Forty-two (42) residential
units for both Subarea 3a and Subarea 3b require a total of 14,700 square-feet of open
space, which is met through a combination of private open space on each individual lot
on Subarea 3b, as well as the approximately 12,000 square-foot neighborhood green.
Residential Private Patios
Homes surrounding the neighborhood green, as well as Lots adjacent to South
Courtland Street, have a unique side patio feature that is important to highlight.
Property lines are evenly spaced between the residential structures with four feet (4')
from the building to the property boundary. The developer proposes to include side
yard patios for the sole enjoyment of one of the residences even though it would include
part of the neighboring property. This would be accomplished through recordation of
private easements for patio usage. This is a variation on the traditional zero lot line
development concept where structures are placed directly on property lines and the
buildings themselves help separate the properties. According to the applicant, the
proposed variation allows for additional design considerations, such as windows, that
would not normally be allowed in traditional zero lot line developments due to
requirements of the Building Code. The remainder of the homes on the site would have
four feet (4') between property lines but no side yard patio due to having rear yards.
Neiqhborhood Green
Subarea 3b includes a centrally located neighborhood green, providing open space to
the development. The neighborhood green measures approximately 12,000 square-
feet and includes a neighborhood pavilion, a playground feature and flex spaces, sitting
areas, and a mailbox area in the green.
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 14
Private Streets
The applicant is proposing private interior streets in Subarea 3b. This allows for the
design of streets outside of City Standards. Streets would be twenty-four feet (24') in
width, including 2-ten foot (10') travel lanes and 2-two foot (2') rolled curbs. Interior
sidewalks would not be provided, but accessible paths of travel from the public way to
the neighborhood green have been included in the project.
Fence Heiqht
The AGMC allows fences to be a maximum of six feet (6') outside of required front
yards. The proposed Specific Plan Amendment would allow for six foot (6') fences to be
placed on six foot (6') retaining walls, totaling twelve feet (12'). This is likely to occur in
the rear yards of residences adjacent to Subarea 3a and potentially residences on the
western side of the development. A deviation in fence height of this magnitude would
typically require a variance but can be included in the Specific Plan Amendment.
Timinq of Proiect Construction
With the previously proposed project, staff included conditions of approval aimed at
providing significant incentive for the property owner to develop the commercial
component of the project. This included phasing of the subdivision map, payment of
fees, and deposits of funds to be drawn upon in the event the commercial component
remained unconstructed. Staff has removed these conditions in favor of placing these
parameters in the proposed development agreement, as the legally binding aspects of
the development agreement make it a more appropriate location for these to be located.
Although these requirements are incentives to the developer to immediately develop
Subarea 3a, it is important to note that this construction phasing is not guaranteed.
Although Subarea 3a is identified as Phase I on the Tentative Map, the Subdivision Map
Act does allow for modification of phasing after approval. Therefore, the City could see
itself in a position where the residential component is constructed and the commercial
component remains undeveloped, thereby requiring collection of the fees as outlined.
Water Use
It is recognized that this project requires General Plan and Specific Plan Amendments
in order to proceed, and therefore there is significant latitude as far as either approving
or denying it. Staff, however, believes that concerns about the ongoing drought should
not be a basis for denying the project for several reasons. First, it is important to note
that staff's analysis of the issue of water in the Initial StudylMitigated Negative
Declaration is that there are sufficient water supplies available for the project and water
related impacts are less than siqnificant. This conclusion was based upon an analysis
of the project's water demand, as well as the 2012 Water System Master Plan, and was
revised to reflect the increased commercial square-footage and decreased residential
use. More importantly, it must be borne in mind that new development in the City is
required to either implement a water neutralization program or pay a water
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 15
neutralization fee to offset increased water demand generated by the project.
Accordingly, the determination is that there are sufficient water supplies available to
serve the project. In addition, Chapter 13.05 of the AGMC contains the City's Water
Conservation provisions. Section 13.05.030 includes a wide range of permanent
restrictions on water use that the residents and businesses located in this project will
have to adhere to.
On May 26, 2015, the City Council adopted a Resolution declaring a Stage 1 Water
Shortage Emergency as well as adopting an Urgency Ordinance relating to penalties
and enforcement of emergency water shortage restrictions and regulations. The Stage
1 Water Shortage Emergency was enacted in part due to Executive Order 6-29-15,
enacting statewide mandatory water conservation requirements, which included a 28%
water use reduction on the City (as an aside, the City is currently seeing a reduction of
approximately 33% in water use from 2013, which is a tribute to the conservation efforts
of the residents of the City). In addition to the project water demand being accounted for
in the General Plan build out, it is not anticipated that the additional demand will impact
the City's ability to continue to meet the 28% reduction requirements as the project
totals 0.004% of supply.
At the time the Stage 1 Emergency was enacted, the Council made the decision that
while a moratorium on new development might be necessary in the future, it is not
currently necessary, due to conservation efforts reducing consumption from 99% of
water entitlements in 2008 to 73% of supply, and long term build out projections. The
Council decided that a moratorium at this time would seriously jeopardize the goals of
meeting housing needs and achieving economic sustainability through infill
development prioritized in the recent updates to the General Plan Housing and
Economic Development Elements. It is for these reasons that development projects
can continue to be approved even in light of the current drought conditions.
Proiect Phasing
During consideration of the previous proiect and development of the MOU, concerns
were ;aised that the residential component of the project would be constructed and
construction of the high quality commercial component may not occur. The applicant
proposed several conditions to provide the City with an assurance that the commercial
component would be constructed (Conditions of Approval 39-42 of the Resolution). The
applicant is requesting that these conditions now be removed in favor of the five (5) year
time limit of the Development Agreement. Concerns regarding the commercial
component not being constructed remain if these conditions are removed. As an
alternative to these requirements, Condition of Approval #43 was added requiring
Subarea 3a be constructed prior to or concurrently with Subarea 3b.
PLANNING COMMISSION
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDlTlONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 16
ALTERNATIVES:
The following alternatives are provided for the Planning Commission's consideration:
Adopt the attached Resolution recommending the City Council adopt the Draft
Mitigated Negative Declaration, adopt an ordinance approving Development
Agreement 15-002, and approve General Plan Amendment 14-002, Specific Plan
Amendment 14-001, Vesting Tentative Tract Map 14-001, and Conditional Use
Permit 14-009;
Modify and adopt the attached Resolution recommending the City Council adopt
the Draft Mitigated Negative Declaration, adopt an ordinance approving
Development Agreement 15-002, and approve General Plan Amendment 14-
002, Specific Plan Amendment 14-001, Vesting Tentative Tract Map 14-001, and
Conditional Use Permit 14-009;
Do not adopt the attached Resolution and instead provide direction for staff to
return with an appropriate resolution recommending the City Council deny the
Draft Mitigated Negative Declaration, Development Agreement 15-002, General
Plan Amendment 14-002, Specific Plan Amendment 14-001, Vesting Tentative
Tract Map 14-001, and Conditional Use Permit 14-009; or
* Provide direction to staff.
ADVANTAGES:
The proposed project will complete development of the Berry Gardens Specific Plan
area with mixed-use and mixed housing type design. The commercial development on
East Grand Avenue contains several desirable design features that result in a project
consistent with the Design Guidelines and the Enhancement Plan. Four (4) residential
units will be included in a true vertical mixed-use arrangement and would be the first of
its kind along this portion of East Grand Avenue. The project has the potential to spur
investment to other properties along the East Grand Avenue corridor as the proposed
architecture of the project will be unique and distinguish itself from neighboring
developments.
DISADVANTAGES:
The project will convert undeveloped land in the City's gateway commercial corridor to
single-family detached residential use.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA), the State CEQA
Guidelines, and the Arroyo Grande Procedures for the Implementation of CEQA, staff
has conducted an Initial Study and prepared a Draft Mitigated Negative Declaration
(MND) for the previously proposed project. Upon receiving a revised project
description, staff revised the Draft Mitigated Negative Declaration and concluded that
the revised project description does not create any new significant impacts nor require
PLANNING COMMlSSlON
CONSIDERATION OF GENERAL PLAN AMENDMENT 14-002; SPECIFIC PLAN
AMENDMENT 14-001, CONDITIONAL USE PERMIT 14-009, VESTING TENTATIVE
TRACT MAP 14-001; AND DEVELOPMENT AGREEMENT 15-002
AUGUST 4,2015
PAGE 17
additional mitigation measures and therefore adequately evaluates the current project
(see Exhibit "A of the Resolution).
PUBLIC NOTIFICATION AND COMMENTS:
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
Friday, July 24, 2015. Additionally, staff mailed notices to the entirety of the Berry
Gardens to ensure the neighborhood was aware of the hearing
The agenda and staff report were posted at City Hall and on the City's website on July
31, 2015. At the time of staff report preparation, no comments had been received by
staff.
Attachments:
1. Project narrative provided by applicant
2. Minutes from the January 13, 201 5 and February 10, 201 5 Council meetings
3. Memorandum of Understanding with NKT Commercial
4. Proposed Specific Plan Amendment
5. Municipal Code Table 16.36.030(A) - Uses Permitted Within Mixed Use and
Commercial Districts
6. Final Traffic Impact Study
7. Project plans
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE ClTY OF ARROYO GRANDE RECOMMENDING THE
ClTY COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION AND APPROVE DEVELOPMENT
AGREEMENT 15-002, GENERAL PLAN AMENDMENT 14-
002, SPECIFIC PLAN AMENDMENT 14-001, CONDITIONAL
USE PERMIT 14-009, AND VESTING TENTATIVE TRACT
MAP 14-001; LOCATED AT THE SOUTHWEST CORNER
OF EAST GRAND AVENUE AND SOUTH COURTLAND
STREET; APPLIED FOR BY NKT COMMERCIAL
WHEREAS, the project site is located in the area of the Berry Gardens Specific Plan and
is identified as Subarea 3; and
WHEREAS, the applicant has filed Specific Plan Amendment 14-001 to amend the Berry
Gardens Specific Plan as it relates to the development of Subarea 3; and
WHEREAS, the applicant has filed General Plan Amendment 14-002 to amend the
General Plan Land Use Element as it relates to development in the area of the
intersection of East Grand Avenue and Courtland Street to include single-family detached
housing at multi-family densities as part of mixed-use projects; and
WHEREAS, the applicant has filed Vesting Tentative Tract Map 14-001 to subdivide
Subarea 3 into forty-two (42) parcels, including three (3) commercial parcels, thirty-eight
(38) residential parcels, and one (I) common area parcel.; and
WHEREAS, the applicant has filed Conditional Use Permit 14-009 to develop three (3)
commercial buildings of 3,600-6,500 square-feet, four (4) second-floor condominiums of
approximately 1,000 square feet-each in a vertical mixed-use arrangement; and
WHEREAS, the applicant and the City entered into a Memorandum of Understanding on
February 10, 2015 for the negotiation of a development agreement for the subject
property; and
WHEREAS, the applicant has filed Development Agreement 15-002 in accordance with
the executed Memorandum of Understanding; and
WHEREAS, the Planning Commission has reviewed this project 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 of the City of Arroyo Grande has reviewed the
project at a duly noticed public hearing on August 4, 2015; and
RESOLUTION NO.
PAGE 2
WHEREAS, the Planning Commission finds, after due study, deliberation and public
hearing, the following circumstances exist:
General Plan Amendment Findings:
1. The proposed General Plan 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 General Plan Amendment would modify LU5-10.1 as it
relates to the subject property to allow the development of single-family
detached housing as part of a mixed-use project at a density comparable to
multi-family densities. The proposed General Plan Amendment will not
result in any infernal inconsistencies within the remainder of the General
Plan and requiring development of housing comparable to the density of
multi-family development is consistent with the goals, objectives, policies
and programs of the General Plan.
2. The proposed amendment will not adversely affect the public health, safety
and welfare;
There is nothing confained within the proposed General Plan Amendment
that will adversely affect the public health, safety or welfare, as the
proposed General Plan Amendment involves the allowance of single-family
residential development on the project site as part of a mixed-use
development and at a density comparable to multi-family densities
consistent with the Mixed-Use (MU) land use designation.
3. The potential environmental impacts of the proposed amendment are
insignificant or can be mitigated to an insignificant level, or there are
overriding considerations that outweigh the potential impacts;
The proposed General Plan Amendment and resulting project have been
reviewed in compliance with the California Environmental Quality Act
(CEQA), the Stafe CEQA Guidelines, and the Arroyo Grande Rules and
Procedures for implementation of CEQA and the impacts of the proposed
project have been included in a draft Initial Study and Mitigated Negative
Declaration dated November 10, 2014, which was revised in July 2015, and
have been reduced to an insignificant level.
Specific Plan Amendment Findings:
1. The proposed Specific Plan Amendment is consistent with the goals,
objectives, policies and programs of the General Plan.
The proposed Specific Plan Amendment would allow the development of
4.47 acres with commercial, mixed-use condominium residential, and
single-family detached residential at a density comparable to multi-family
density consistent with the goals, objectives, policies and programs of the
RESOLUTION NO.
PAGE 3
General Plan,
2. The proposed Specific Plan Amendment will not adversely affect the public
health, safety and welfare or result in an illogical land use pattern;
There is nothing contained within fhe proposed Specific Plan Amendment
that will adversely affect the public health, safety or welfare. The proposed
Specific Plan Amendment contains mixed-use development standards
which are consistent with the Mixed-Use (MU) land use designation, have
single-family detached residential density comparable to multi-family
density, and provide for an adequate buffer between dissimilar uses
(commercial and residential); therefore, the proposed Specific Plan
Amendment will not result in an illogical land use paffern.
3. The proposed Specific Plan Amendment is necessary and desirable in
order to implement the provisions of the General Plan;
The proposed Specific Plan Amendment is necessary to implement
provisions of the General Plan regarding higher-intensity mixed-use
development of 4.47 acres of vacant land along the City's main commercial
corridor (East Grand Avenue).
4. The development standards contained in the proposed Specific Plan
Amendment will result in a superior development to that which would occur
using standard zoning and development regulations.
The development standards contained within the proposed Specific Plan
Amendment will result in a superior development to that which would occur
using standard zoning and developmenf regulations as they allow for
development of a higher-intensity mix of uses, including commercial, mixed-
use condominium residential, and single-family detached residential at a
density comparable to multi-family density.
5. The proposed Specific Plan Amendment will not create internal
inconsistencies within the Specific Plan and is consistent with the purpose
and intent of the Specific Plan it is amending.
The proposed Specific Plan Amendment will not create any internal
inconsistencies within the Berry Gardens Specific Plan and is consisfent
with the Berry Gardens Specific Plan as it provides for bofh commercial
and residential development.
Vesting Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives,
policies, plans, programs, intent and requirements of the Arroyo Grande
General Plan, as well as any applicable specific plan, and the requirements
of this title.
RESOLUTION NO.
PAGE 4
The proposed Vesting Tentative Tract Map would allow the subdivision of
4.47 acres info forty-two (42) lofs consistent with the General Plan and
Berty Gardens Specific Plan for the development of commercial, mixed-use
condominium residential and single-family detached residential with
densities comparable to multi-family densities.
2. The site is physically suitable for the type of development proposed.
The site is 4.47 acres of vacant land adjacent to one of the City's main
commercial corridors and is suitable for the development of higher-intensity
mixed-use development including commercial, mixed-use condominium
residenfial, and high-density, detached single-family residenfial with
densities comparable to multi-family densities consistent with the Mixed-Use
land use designation of the General Plan and the Berry Gardens Specific
Plan.
3. The site is physically suitable for the proposed density of development.
The site is 4.47 acres of vacanf land and is identified with the Mixed-Use
land use designation of the General Plan, which allow high density
residential development. The proposed residential development will not
exceed the maximum allowable density of the district and is comparable to
multi-family densities.
4. The design of the tentative tract map or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat.
The design of the tract map is not anticipated to cause substantial
environmental damage due to the implementation of mitigation measures
identified in the draft Initial Study and Mitigated Negative Declaration
prepared for the project and revised in July 2015, in accordance with the
California Environmental Quality Act (CEQA), the State CEQA Guidelines,
and the Arroyo Grande Rules and Regulations for lmplemenfation of CEQA.
5. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
With approval of the General Plan Amendment, the design of the
subdivision will be in compliance with the Mixed-Use performance
standards of the Municipal Code, which will allow adequate design and
separation of incompatible uses to prevent serious public health problems.
6. The design of the tentative tract map or the type of improvements will not
conflict with easements acquired by the public-at-large for access through,
or use of, property within the proposed tentative tract map or the alternate
easements for access or for use will be provided, and that these alternative
easements will be substantially equivalent to ones previously acquired by
the public.
RESOLUTION NO.
PAGE 5
There are no easements for the public-at-large currently on the subject
property. Emergency access easements to the multi-family housing
project to the south will be modified and recorded to ensure adequate
access is maintained for emergency response purposes.
7. The discharge of waste from the proposed subdivision into an existing
community sewer system will not result in violation of existing requirements
as prescribed in Division 7 (commencing with Section 13000) of the
California Water Code.
The proposed development will retain the 95fh percentile of water
discharge on site and excess discharge will be directed to an existing
infiltration basin across South Courtland Street. No discharge of waste will
result in a violation identified in Division 7 of the California Water Code.
8. Adequate public services and facilities exist or will be provided as the result
of the proposed tentative tract map to support project development.
There are adequate provisions for public services to serve the project
development and no deficiencies exist.
Conditional Use Permit Findings:
1. The proposed use is permitted within the subject district pursuant to the
provisions of this section and complies with all the applicable provisions of
this title, the goals, and objectives of the Arroyo Grande General Plan, and
the development policies and standards of the City.
The proposed development for commercial, mixed-use condominium
residential, and high-density, single-family detached residential uses at a
density comparable to multi-family densities is consistent with development
standards for the Gateway Mixed-Use zoning district per Municipal Code
Section 16.36.020, the Berry Gardens Specific Plan, and the Arroyo Grande
General Plan.
2. The proposed use would not impair the integrity and character of the district
in which it is to be established or located.
There is nothing contained within the proposed Specific Plan Amendment
that will adversely affect the public health, safety or welfare. The proposed
Specific Plan Amendment contains mixed-use development standards
which are consistent with the Mixed-Use (MU) land use designation and
provide for an adequate buffer between dissimilar uses (commercial and
residential); therefore, the proposed Specific Plan Amendment will not result
in an illogical land use paffern.
RESOLUTION NO.
PAGE 6
3. The site is suitable for the type and intensity of use or development that is
proposed.
The site is 4.47 acres of vacant land and is identified with the Mixed-Use
land use designation of the General Plan, which allow commercial and high
density residential development. The proposed commercial and residential
development will not exceed the maximum allowable density of the district
and is comparable to multi-family densities.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure public health and safety.
The provisions for water, sanitation, and public utilities were examined
during development and revision of the Initial Study and subsequent
Mitigated Negative Declaration and it was determined that adequate public
services will be available for the proposed project and will not result in
substantially adverse impacts.
5. The proposed use will not be detrimental to the public health, safety or
welfare or materially injurious to properties and improvements in the vicinity.
The proposed use will not be detrimental to the public health, safety or
welfare, nor will it be materially injurious to properties or improvements in
the vicinity as it will comply with the Berry Gardens Specific Plan, all
applicable codes and standards of the Municipal Code, and in accordance
with conditions of approval specifically developed for the project.
Development Agreement Findings:
1. The development agreement is consistent with the goals, objectives,
policies, general land uses, and programs of the General Plan and any
applicable specific plan.
In conjunction wifh the proposed General Plan Amendment and Specific
Plan Amendment, fhe proposed Development Agreement is consistent with
the goals, objectives, polices, general land uses, and programs of the
Arroyo Grande General Plan and the Berry Gardens Specific Plan.
2. The development agreement is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property
is located;
In conjunction wifh the proposed General Plan Amendment and Specific
Plan Amendment, the proposed Development Agreement is consistent wifh
the uses authorized in the Gateway Mixed-Use (GMU) district, including
commercial development and high-density, single-family detached
residential development consistent with mixed-use and multifamily densities
prescribed in the Arroyo Grande General Plan Land Use Element and
Municioal Code.
RESOLUTION NO.
PAGE 7
3. The development agreement is in conformity with public convenience,
general welfare, and good land use practice;
In conjunction wIN7 the proposed General Plan Amendment and Specific
Plan Amendmenf, the proposed Development Agreement is in conformity
with the uses authorized in the Gateway Mixed-Use (GMU) district,
including commercial development and high-density, single-family detached
residential developmenf consistent with mixed-use and mulfifamily densities
prescribed in the Arroyo Grande General Plan Land Use Element and
Municipal Code, and therefore is in conformity with the public convenience,
general welfare, and good land use practice.
4. The development agreement is will not be detrimental to the health, safety,
or general welfare;
In conjunction with the proposed General Plan Amendment and Specific
Plan Amendment, there is nothing contained within the proposed
Development Agreemenf that will adversely affect the public health, safety
or welfare, as the proposed development agreement is in conformity with
the uses authorized in the Gateway Mixed-Use (GMU) district, including
commercial developmenf and high-density, single-family detached
residential development consistent with mixed-use and mulfifamily densities
prescribed in the Arroyo Grande General Plan Land Use Element and
Municipal Code.
5. The development agreement will not, in respect to the subject property or
any other property, adversely affect the orderly development thereof or the
preservation of property values;
The proposed Development Agreemenf and subsequent permit approvals
will complete development of the Berry Gardens Specifc Plan Area and in
conjunction wifh the proposed General Plan Amendmenf and Specific Plan
Amendment will not adversely affect the orderly development thereof or the
preservation of property values as the resulting development is in
conformity wifh the uses authorized in the Gateway Mixed-Use (GMU
district, including commercial developmenf and high-density, single-family
detached residential development consistent with mixed-use and mulfifamily
densities prescribed in the Arroyo Grande General Plan Land Use Element
and Municipal Code.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an Initial Study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for General
Plan Amendment 14-002, Specific Plan Amendment 14-001, Vesting Tentative
Tract Map 14-001 and Conditional Use Permit 14-009 and was subsequently
revised to include Development Agreement 15-002.
RESOLUTION NO.
PAGE 8
2. Based on the Initial Study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the Planning Commission recommends the City Council
adopts the Mitigated Negative Declaration and finds that there is no substantial
evidence of any significant adverse effect, either individually or cumulatively on
wildlife resources as defined by Section 71 1.2 of the Fish and Game Code or on
the habitat upon which the wildlife depends as a result of development of this
project. Further, the Planning Commission recommends the City Council find that
said Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Arroyo Grande hereby recommends the City Council:
1. adopt the Draft Mitigated Negative Declaration as set forth in Exhibit "B", on file
in the Community Development Department and direct the City Clerk to file a
Notice of Determination;
2. approve General Plan Amendment 14-002 as set forth in Exhibit "C", attached
hereto and incorporated herein by this reference, approve Specific Plan
Amendment 14-001 as set forth in Exhibit "D", attached hereto and
incorporated herein by this reference, and approve Vesting Tentative Tract
Map 14-001 and Conditional Use Permit 14-009 as set forth in Exhibit "E,
attached hereto and incorporated herein by this reference, with the above
findings and subject to the conditions as set forth in Exhibit "A, attached hereto
and incorporated herein by this reference.
3. adopt an ordinance approving Development Agreement 15-002 as set forth in
Exhibit "F, attached hereto and incorporated herein by this reference; and
On motion by Commissioner , seconded by Commissioner , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 4th day of August, 201 5.
RESOLUTION NO.
PAGE 9
ATTEST:
DEBBIE WEICHINGER,
SECRETARY TO THE COMMlSSlON
AS TO CONTENT:
TERESA MCCLISH
COMMUNITY DEVELOPMENT DIRECTOR
LAN GEORGE, CHAIR
RESOLUTION NO.
PAGE 10
EXHIBIT 'A'
CONDITIONS OF APPROVAL
DEVELOPMENT AGREEMENT 15-002; GENERAL PLAN AMENDMENT 14-002;
SPECIFIC PLAN AMENDMENT 14-001; VESTING TENTATIVE TRACT MAP 14-001;
AND CONDITIONAL USE PERMIT 14-009
SOUTHWEST CORNER OFEAST GRAND AVENUE AND
SOUTH COURTLAND STREET
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
GENERAL CONDITIONS
1. This approval authorizes the subdivision of 4.47 acres at the southwest corner of
the East Grand Avenue and Courtland Street intersection for the construction of
thirty-eight (38) single-family residences and three (3) commercial buildings of
approximately 15,600 square-feet of floor area with four (4) second-story
residential dwellings, in accordance with the plans presented to the City Council at
the Public Hearing on August 25, 2015.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval and mitigation measures
for General Plan Amendment 14-002, Specific Plan Amendment 14-001, Vesting
Tentative Tract Map 14-001, and Conditional Use Permit 14-009.
4. This application shall automatically expire on August 25-2017 unless the final map
is recorded or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
5. Development shall conform to the Gateway Mixed-Use zoning district requirements
except as otherwise approved.
6. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of December 9, 2014 and marked Exhibit "B", on
file in the Community Development Department.
7. The applicant shall agree to indemnify and defend at hislher sole expense any
action brought against the City, its present or former agents, officers, or employees
because of the issuance of said approval, or in any way relating to the
implementation thereof, or in the alternative, to relinquish such approval. The
applicant shall reimburse the City, its agents, officers, or employees, for any court
costs and attorney's fees which the City, its agents, officers or employees may be
RESOLUTION NO.
PAGE 11
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 hislher obligations under this
condition.
A copy of these conditions and mitigation measures shall be incorporated into all
construction documents.
At the time of application for construction permits, plans submitted shall show all
development consistent with the approved site plan, floor plan, architectural
elevations and landscape plan.
Signage shall be subject to the requirements of Chapter 16.60 of the Development
Code except as otherwise approved in the Berry Gardens Specific Plan. Prior to
issuance of a building permit, all illegal signs shall be removed, if any.
Development shall comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedges"; 16.48.120, "Performance Standards"; and 16.48.130
"Screening Requirements", except as otherwise modified by this approval.
Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans including those specifically modified by these conditions.
The developer shall comply with Development Code Chapter 16.56, "Parking and
Loading Requirements", except as otherwise modified by this approval. All parking
spaces adjacent/parallel to a wall, fence, or property line shall have a minimum
width of 11 feet.
Where off-street parking areas are situated such that they are visible from the
street, an earthen berm, wall, landscaping, and/or combination
wall/berm/landscaping three feet (3') in height shall be erected within the required
landscape area to screen the parking area.
All parking areas of five or more spaces shall have an average of one-half foot-
candle illumination per square foot of parking area for visibility and security during
hours of darkness.
Trash enclosures shall be screened from public view with landscaping or other
appropriate screening materials, and shall be made of an exterior finish that
complements the architectural features of the main building. The trash enclosure
area shall accommodate recycling container(s). The location and function of the
trash enclosures shall be reviewed and approved by South County Sanitation prior
to approval of the improvement plans.
Final architecture and design and location of the trash enclosure(s) shall be
RESOLUTION NO.
PAGE 12
reviewed by the Architectural Review Committee and approved by the Community
Development Director.
18. Noise resulting from construction and operational activities shall conform to the
standards set forth in Chapter 9.16 of the Municipal Code. Construction activities
shall be restricted to the hours of 7 AM and 5 PM Monday through Friday where
adjacent to existing residential. No construction shall occur on Saturday or
Sunday where adjacent to existing residential.
19. At the time of application for construction permits, the applicant shall provide
details on any proposed exterior lighting. The lighting plan shall include the height,
location, and intensity of all exterior lighting consistent with Section 16.48.090 of
the Development Code. All lighting fixtures shall be shielded so that neither the
lamp nor the related reflector interior surface is visible from adjacent properties. All
lighting for the site shall be downward directed and shall not create spill or glare to
adjacent properties. All lighting shall be energy efficient (e.g. LED).
20. All new construction shall utilize fixtures and designs that minimize water and
energy usage. Such fixtures shall include, but are not limited to, low flow
showerheads, water saving toilets, instant water heaters and hot water
recirculating systems. Water conserving designs and fixtures shall be installed
prior to final occupancy.
21. Landscaping in accordance with the approved landscaping plan shall be installed
or bonded for before final building inspection/establishment of use. The landscape
and irrigation plan shall be prepared by a licensed landscape architect subject to
review and approval by the Community Development and Public Works
Departments. The landscape plan shall be in conformance with Development
Code Chapter 16.84 (Water Efficient Landscape Requirements) and shall include
the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
I. Deep root planters shall be included in areas where trees are within
five feet (5') of asphalt or concrete surfaces and curbs;
ii. Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants.
iii. An automated irrigation system using smart controller (weather
based) technology.
iv. The selection of groundcover plant species shall include drought
RESOLUTION NO.
PAGE 13
tolerant and/or native plants.
v. Linear planters shall be provided in parking areas.
vi. Turf areas shall be limited in accordance with Section 16.84.040 of
the Development Code.
All planted areas shall be continuously maintained in a healthy, growing condition,
shall receive regular pruning, fertilizing, mowing and trimming, and shall be kept
free of weeds and debris by the owner or person in possession of such areas. Any
damaged, dead or decaying plant material shall be replaced within thirty (30) days
from the date of damage.
Trees shall be provided at a ratio of one tree for every five parking spaces.
For projects approved with specific exterior building colors, the developer shall
paint a test patch on the building including all colors. The remainder of the building
may not be painted until inspected by the Community Development Department to
verify that colors are consistent with the approved color board. A 48-hour notice is
required for this inspection.
All new commercial electrical panel boxes shall be installed inside the building(s).
All Fire Department Connections (FDC) shall be located near a fire hydrant,
adjacent to a fire access roadway, away from the public right-of-way, incorporated
into the design of the site, and screened to the maximum extent feasible.
Double detector check valve assemblies shall be located directly adjacent to or
within the respective building to which they serve.
All ducts, meters, air conditioning equipment and all other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view with materials architecturally compatible with the main structure. It is
especially important that gas and electric meters, electric transformers, and large
water piping systems be completely screened from public view. All roof-mounted
equipment which generates noise, solid particles, odors, etc., shall cause the
objectionable material to be directed away from residential properties.
All conditions of this approval run with the land and shall be strictly adhered to,
within the time frames specified, and in an on-going manner for the life of the
project. Failure to comply with these conditions of approval may result in an
immediate enforcement action. If it is determined that violation(s) of these
conditions of approval have occurred, or are occurring, this approval may be
revoked pursuant to Development Code Section 16.08.100.
SUBDIVISION CONDITIONS
RESOLUTION NO.
PAGE 14
30. The developer shall comply with Development Code Chapter 16.20 "Land
Divisions".
31. The developer shall comply with Development Code Chapter 16.64 "Dedications,
Fees and Reservations."
32. The developer shall comply with Development Code Chapter 16.68
"Improvements".
33. The applicant shall submit Covenants, Conditions and Restrictions (CC&R's) that
are administered by a subdivision homeowners' association, formed by the
applicant for the area within the subdivision. The CC&R's shall be reviewed and
approved by the City Attorney and recorded prior to or concurrently with the final
map. At a minimum, the CC&R's shall:
a. Provide for maintenance of the driveways, common areas, sewer lines and
other facilities;
b. Prohibit additions to the units;
c. Require garages to be kept clear for parking cars at all times; and
d. Inform residents of the water conservation requirements placed on this
project.
34. The applicant shall remove all structures in conflict with new lot lines.
INCLUSIONARY HOUSING
35. The developer shall comply with Development Code Chapter 16.80 "lnclusionary
Affordable Housing Requirements", which includes the appropriate in-lieu fee be
paid prior to issuance of the first ministerial permit, including but not limited to
grading, demolition, or building permit for all or any part of the project.
SPECIAL CONDITIONS
36. Crosswalks across South Courtland Street and East Grand Avenue from the
project site shall be upgraded or fair share in-lieu fees provided to include
flagstone patterned, color stained concrete, subject to the approval of the
Community Development Director and Public Works Director.
37. All aisles, approach lanes, and maneuvering areas in the parking lot of Subarea 3a
shall be clearly marked with directional arrows to simplify vehicular movement.
38. A minimum of one (1) motorcycle parking space shall be provided in Subarea 3a.
39. The map may be phased in accordance with the Subdivision Map Act. If such
RESOLUTION NO.
PAGE 15
map phasing is to occur, the following improvements shall be made in accordance
with the timelines included in each:
a. Water - The public water main shall be extended from East Grand Avenue
and South Courtland Street to the boundary of Phase I1 as shown on the
Utility Plan, prior to recordation of either Phase.
b. Sewer - The public sewer main shall be extended to the boundary of Phase
I and Phase I1 along South Courtland Street as shown on the Utility Plan,
prior to recordation of either Phase.
c. Storm Drains - The public storm drain main shall be extended and upsized
as deemed necessary by the City Engineer to the boundary of Phase I and
Phase ll along South Courtland Street as shown on the Utility Plan, prior to
recordation of either Phase.
d. Retaining Wall - The shared retaining wall between Phase I and Phase II
shall be installed as shown on the Civil Site Plan, prior to recordation of
either Phase.
e. Grading and Drainage - The drainage on Phase I shall be directed away
from Phase II in a manner compliant with City standards, to the satisfaction
of the City Engineer, prior to recordation of either Phase.
f. Frontage Improvements, Phase I - Phase I shall install:
i. Its immediate street frontage improvements at East Grand Avenue
and South Courtland Street (including, but not limited to, curb, gutter,
and sidewalk);
ii. A transition to the existing curb on South Courtland Street; and
iii. A pedestrian path along the frontage of Phase il along South
Courtland Street, as necessary and to the satisfaction of the City
Engineer, prior to recordation of Phase I.
g. Frontage Improvements, Phase I1 -Phase ll shall install:
i. Its immediate street frontage improvements at South Courtland
Street (including, but not limited to, curb, gutter, and sidewalk);
ii. A transition to the existing curb on South Courtland Street; and
iii. A pedestrian path along the frontage of Phase I along South
Courtland, as necessary and to the satisfaction of the City Engineer,
prior to recordation of Phase 11..
40. Prior to final inspection of any of the structures of Subarea 3b, the applicant shall
first deposit an amount equal to % of all estimated development impact fees and
permit fees associated with the development of Subarea 3a (the "Deposit"); if the
development of Subarea 3a has not been commenced within six (6) months
following the final inspection approval of the Subarea 3b improvements, then the
Deposit shall be unconditionally forfeited to the City of Arroyo Grande, and shall
not be applied to any permit fee or development impact fee associated with
Subarea 3a.
41. Prior to final map recordation, the applicant shall deposit $250,000 with the City to
be placed in an interest bearing account at an agreed upon local bank (the
RESOLUTION NO.
PAGE 16
"Deposit"). If building permits to construct all of Subarea 3a have not been issued
within 12 months of final map recordation, the City shall have the right to withdraw
$25,000. In each successive year, if Certificates of Occupancy have not been
issued for all of Subarea 3a, the City shall have the right to annually withdraw an
additional $25,000, until the Deposit is exhausted.
42. If construction has not been completed and Certificates of Occupancy issued for
all of Subarea 3a within 10 years, the applicant shall convey the property of
Subarea 3a to the City, in fee, free and clear of any monetary encumbrances
43. As an alternative to Conditions of Approval #39 through #42 above, Subarea 3a
must be built prior to or concurrently with Subarea 3b.
BUILDING AND LIFE SAFETY DIVISION AND FlRE DEPARTMENT CONDITIONS
44. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the International Building and Fire Codes as adopted by
the City of Arroyo Grande.
FlRE LANES
45. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
46. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FlRE FLOWIFIRE HYDRANTS
47. Project shall have a fire flow in accordance with the California Fire Code.
48. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards and per the California Fire Code.
49. The developer shall relocate the existing fire hydrant at the west end of the project
site on East Grand Avenue to be adjacent to the west end of the western
commercial building.
50. The applicant shall install a new fire hydrant per City Standards approximately
halfway between East Grand Avenue and the residential project entrance,
adjacent to South Courtland Street (at approximately Lot 9).
51. The developer shall install a new fire hydrant per City standards immediately south
RESOLUTION NO.
PAGE 17
of the residential project entrance (at approximately Lot 18).
SECURITY KEY BOX
52. The applicant must provide an approved "security key vault," per Building and Fire
Department guidelines and per the California Fire Code.
FIRE SPRINKLER
53. All buildings must be fully sprinklered per Building and Fire Department guidelines
and per the California Fire Code.
54. Provide Fire Department approved access or sprinkler-system per National Fire
Protection Association Standards.
ABANDONMENT / NON-CONFORMING
55. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
DEMOLITION PERMIT / RETAINING WALLS
56. A demolition permit must be applied for, approved and issued. All asbestos and
lead shall be verified if present and abated prior to permit issuance.
SPECIAL CONDITIONS
57. The Applicant shall provide fully improved secondary means of emergency
access from the southwest corner of the project site leading tolfrom the People's
Self Help Housing to South Courtland Street. Access shall be provided in
accordance with California Fire Code Appendix Section Dl07 and the previously
recorded access easement. Minimum clearances and turning movements shall
accommodate the Fire Department's ladder truck.
58. The development shall provide safe accessible paths of travel to the satisfaction of
the Building Official, in accordance with Americans with Disabilities Act
requirements.
ENGINEERING DIVISION CONDITIONS
All Engineering conditions of approval as listed below are to be complied with prior
to recording the map or finalizing the permit, unless specifically noted otherwise.
RESOLUTION NO.
PAGE 18
GENERAL CONDITIONS
59. 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 hislher representative.
60. For work requiring engineering inspections, perform construction activities during
normal business hours (Monday through Friday, 7 A.M. to 5 P.M.), for noise and
inspection purposes. The developer or contractor shall refrain from performing
any work other than site maintenance outside of these hours, unless an
emergency arises or approved by the 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.
61. Trash enclosure area(s) shall have a roof structure (grease trap) to reduce
stormwater pollution runoff.
62. Trash enclosure area(s) shall be screened from public view with landscaping or
other appropriate screening materials, and shall be reserved exclusively for
dumpster and recycling container storage. Interior vehicle travel ways shall be
designed to be capable of withstanding loads imposed by trash trucks.
63. All residential units shall be designed to mitigate impacts from non-residential
project noise, in compliance with the City's noise regulations.
64. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
65. The property owner shall provide maintenance of all landscaping placed in and
adjacent to the development, including in bulb outs.
66. Submit as-built plans at the completion of the project or improvements as directed
by the Community Development Director. One (1) set of mylar prints and an
electronic version on CD in AutoCAD format shall be required. As-built plans shall
be required prior to release of the Faithful Performance Bond.
67. Submit three (3) full-size paper copies and one (I) full-size mylar copy of approved
improvement plans for inspection purposes during construction.
68. If adequate public right-of-way does not exist beyond the back of sidewalk and/or
curb ramp, a public pedestrian access easement may be required. The
easement(s) shall be recorded prior to building permit issuance. The applicant
RESOLUTION NO.
PAGE 19
shall provide any required exhibits necessary to define the area of the easement
along with current ownership information and a legal description.
69. In accordance with Municipal Code Section 13.24.1 10 for Stormwater
Management, the Registered Civil engineer shall provide certification of the best
management practices (BMP's) used and shall demonstrate compliance with all
applicable standards in the ordinance, prior to approval of the final
maplimprovement plans.
70. Show all required short-term and long-term bicycle parking per Municipal Code
Chapter 16.56 and any project specific conditions to the satisfaction of the
Community Development Department. The building plans shall provide a detailed
site plan of any racks and all dimensions and clearances to obstructions per city
standard.
IMPROVEMENT PLANS
71. lmprovement plans (including the following) shall be prepared by a registered Civil
Engineer or qualified specialist licensed in the State of California and approved by
the Public Works or Community Development Department:
a. Grading, drainage and erosion control.
b. Street paving, curb, gutter and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Landscaping and irrigation.
f. Other improvements as required by the Community Development Director.
(NOTE: All plan sheets must include City standard title blocks)
72. The site plan shall include the following:
a. The location and size of all existing and proposed water, sewer, and storm
drainage facilities within the project site and abutting streets or alleys.
b. The location, size and orientation of all trash enclosures.
c. All existing and proposed parcel lines and easements crossing the property.
d. The location and dimension of all existing and proposed paved areas.
e. The location of all existing and proposed public or private utilities.
73. Landscape and irrigation plans are required within the public right-of-way, and shall
be approved by the Public Works Director.
74. lmprovement plans shall include plan and profile of existing and proposed utilities.
75. Submit all retaining wall calculations for review and approval by the Community
Development Director for walls not constructed per City standards.
RESOLUTION NO.
PAGE 20
76. Prior to approval of an improvement plan the applicant shall enter into an
agreement with the City for inspection of the required improvements.
77. The applicant shall be responsible for obtaining an encroachment permit for all
work within a public right-of-way (City or Caltrans).
STREET IMPROVEMENTS
78. Obtain approval from the Public Works Director prior to excavating in any street
recently over-laid or slurry sealed. The Director shall approve the method of repair
of any such trenches, but shall not be limited to an overlay, slurry seal, or fog seal.
79. All street repairs shall be constructed to City standards,
80. Street structural sections shall be determined by an R-Value soil test or
recommendation by a soils report, but shall not be less than 3 of asphalt and 6" of
Class II AB.
81. The developer shall show that emergency vehicles can negotiate streets through
the several right angle turns.
82. All plans shall show the City's complete right-of-way on South Courtland Street
and East Grand Avenue.
83. Guest parking shall be spread throughout the development due to street parking
not being available on the project site.
84. The developer shall provide a striping plan to include a five foot (5') bike lane, turn
lane and travel way on South Courtland Street.
85. The developer shall provide Type 2 Slurry Seal or Microsurfacing on full road width
of South Courtland Street for the entire length of project frontage and on East
Grand Avenue for the entire length of project frontage to the median.
CURB, GUTTER, AND SIDEWALK
86. Install new concrete curb, gutter, and sidewalk as directed by the Community
Development Director and Public Works Director.
87. In special designated zones, including where driveways cross pedestrian
sidewalks, new facilities shall be color and/or installation of exposed aggregate
RESOLUTION NO.
PAGE 21
concrete finish shall be as directed by the Community Development Director.
88. Install ADA compliant facilities where necessary or verify that existing facilities are
compliant with State and City Standards. The project shall include sidewalk and
ADA compliant paths consistent with State Standards.
89. The applicant shall dedicate a pedestrian access easement(s) when the ADA
sidewalk extension does not fall within the City's right-of-way.
90. Install tree wells with root barriers for all trees planted adjacent to curb, gutter and
sidewalk to prevent damage due to root growth.
91. Any sections of damaged or displaced curb, gutter & sidewalk or driveway
approach shall be repaired or replaced to the satisfaction of the Public Works
Director.
DEDICATIONS AND EASEMENTS
92. A privatelpublic (fire, water main, sewer, open space, drainage) easement shall be
reserved on the map.
93. A Public Utility Easement (PUE) shall be dedicated a minimum 10 feet wide
adjacent to all public streets. The PUE shall be wider where necessary for the
installation or maintenance of the public utility vaults, pads, or similar facilities.
94. A blanket Public Utility Easement (PUE) shall be dedicated over the project site.
(CONDOMINIUM PROJECTS)
95. Street tree planting and maintenance easements shall be dedicated adjacent to all
street right-of-ways. Street tree easements shall be a minimum of 10 feet beyond
the right-of-way and PUE, except that street tree easements shall exclude the area
covered by public utility easements.
96. Access shall be denied to East Grand Avenue and South Courtland Street
except at designated entries. The access denial shall be offered by the property
owner and recorded on the map or other document as is acceptable to the City.
97. A ten foot (10') sewer main and/or water main easement(s) shall be dedicated to
the City via an agreement or the Tract map.
98. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8 112 x 11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The Developer shall be
responsible for all required fees, including any additional required City processing.
RESOLUTION NO.
PAGE 22
99. The developer shall obtain agreement from Peoples' Self Help Housing for the
disposition of Item No. 6 in the Title Report.
100. The subdivider shall enter into a subdivision agreement for the completion and
guarantee of improvements required. The subdivision agreement shall be on a
form acceptable to the City.
GRADING AND DRAINAGE
101. PRIOR TO ISSUANCE OF A GRADING PERMIT, the developer shall submit two
(2) copies of the final project-specific Storm Water Pollution Prevention Plan
(SWPPP) or a Water Quality Control Plan (WQCP) consistent with the San Luis
Obispo Regional Water Quality Control Board (RWCB) requirements.
102. All grading shall be performed in accordance with the City Grading Ordinance.
103. All drainage facilities shall be designed to accommodate a 100-year storm flow.
Provide a complete drainage report.
104. The developer shall provide appropriate documentation stating the projects
compliance with the post-construction requirements set by the State Water
Resources Control Board and Municipal Code Title 16, Chapter 68. The
statement shall clearly identify the level of compliance with each of the applicable
Performance Requirements the project is subject to. The statement shall be
signed and stamped by the Engineer of Record and shall include any identified
deficiencies, per Performance Requirements.
105. Submit a soils report for the project shall be prepared by a registered Civil
Engineer and supported by adequate test borings. All earthwork design and
grading shall be performed in accordance with the approved soils report.
106. The Developer shall provide specific design for drainage systems in compliance
with the Regional Water Quality Control Board requirements and Municipal Code
Title 16, Chapter 68.
107. The applicant shall:
A) Provide on-site storm water retardation facilities designed and constructed
to Public Works and Community Development requirements, and the
following:
a. The facilities shall be designed to reduce the peak flow rate from a
post-development 100-year storm.
b. The 100-year basin outflow shall not exceed the pre-development
RESOLUTION NO.
PAGE 23
flow.
The 100-year basin outflow shall be limited to a level which does not
cause the capacity of existing downstream drainage facilities to be
exceeded.
The basin design shall include freeboard equal to 20 percent of the
basin depth, to a minimum of 12 inches.
The basin shall be fully constructed and functional prior to occupancy
for any building permit within the project.
The basin shall be maintained by the property owner.
The basin shall be maintained by a homeowner's association. The
City shall approve the related language in the association CC&R's
prior to recordation.
The basin shall be maintained by a landscape maintenance district.
The maintenance district shall be recorded concurrently with the
map.
The basin design shall include landscaping and irrigation.
The basin shall be fenced around the perimeter. Fencing shall be six
feet (6') tall.
B) Connect proposed drainage facilities to the existing Poplar Basin designed
and installed in accordance with City Standards and State Water
Resources Control Board Post-Construction requirements, including
retention of the 95th percentile on site.
WATER
108. Whenever possible, all water mains shall be looped to prevent dead ends. The
Public Works Director must grant permission to dead end water mains.
109. The applicant shall extend the public water main to adequately serve the project
across the property frontage.
110. A Reduced Pressure Principle (RPP) backflow device is required on all water
lines to the (structure and/or landscape irrination). (Commercial development
only).
11 1. A Double Detector Check (DDC) backflow device is required on the water service
line. Fire Department Connections (FDC) must be remote and locations to be
approved by the Building Official and Fire Chief.
112. The DDC shall be placed inside the building or adjacent to the building. Other
locations for the DDC shall be approved by the Director or Community
Development.
RESOLUTION NO.
PAGE 24
113. Each parcel shall have separate water meters.
114. Lots using fire sprinklers shall have individual service connections. If the units are
to be fire sprinkled, a fire sprinkler engineer shall determine the size of the water
meters.
115. Existing water services to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
116. Unpermitted fill was placed at the northwest of the property. This fill will have to be
removed or provide certifications from a Civil Engineer.
SEWER
117. The applicant shall extend the sewer main to adequately serve the project across
the property frontage. All new sewer mains shall be a minimum diameter of 8".
118. All sewer laterals within the public right-of-way must have a minimum slope of 2%.
119. Existing sewer laterals to be abandoned shall be properly abandoned and capped
at the main per the requirements of the Public Works Director.
120. Each parcel shall be provided a separate sewer lateral. Laterals shall be sized
for the appropriate use, minimum 4".
121. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with City standards.
122. Obtain approval from the South County Sanitation District for the development's
impact to District facilities prior to permit issuance.
123. Obtain approval from the South County Sanitation District prior to relocation of any
District facilities.
124. The developer shall evaluate the capacity of sewer lift station #7 to take the
additional flow of the development.
PUBLIC UTILITIES
125. The developer shall comply with Development Code Section 16.68.050: All
projects that involve the addition of over 100 square feet of habitable space shall
RESOLUTION NO.
PAGE 25
be required to place service connections underground - existing and proposed
utilities.
126. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
127. Public Improvement plans1Final MapIParcel Map shall be submitted to the public
utility companies for review and approval. Utility comments shall be forwarded to
the Director of Public Works for approval.
128. Street lights shall be placed 200' - 250' apart on streets 40' or less in width. On
streets greater than 40' in width, a street lighting plan shall be designed and
submitted to the Community Development Director for approval.
FEES AND BONDS FOR ALL CITY DEPARTMENTS
The applicant shall pay all applicable City fees, including the following:
129. FEES TO BE PAlD PRIOR TO PLAN SUBMITTAL
a. Map check fee for Tract Map.
b. Map check fee for Parcel Map.
c. Plan check for grading plans.
(Based on an approved earthwork estimate)
d. Plan check for improvement plans.
(Based on an approved construction cost estimate)
e. Permit Fee for grading plans.
(Based on an approved earthwork estimate)
f. Inspection Fee of subdivision or public works construction plans
(Based on an approved construction cost estimate)
g. Plan Review Fee
(Based on the current Building Division fee schedule)
130. FEES TO BE PAlD PRIOR TO ISSUANCE OF A BUILDING PERMIT
a. Water Neutralization fee, to be based on codes and rates in effect
at the time of building permit issuance, involving water connection or
enlargement of an existing connection.
b. Water Distribution fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.04.030.
c. Water Meter charge to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Municipal Code
6-7.22.
RESOLUTION NO.
PAGE 26
Water Availability charge, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with - (not
correct).
Traffic Impact fee, to be based on codes and rates in effect at the
time of building permit issuance, in accordance with Ord. 461 C.S.,
Res. 3021.
Traffic Signalization fee, to be based on codes and rates in effect
at the time of building permit issuance, in accordance with Ord. 346
C.S., Res. 1955.
Sewer Connection fee, to be based on codes and rates in effect at
the time of building permit issuance, in accordance with Municipal
Code Section 13.1 2.190.
South San Luis Obispo County Sanitation District Connection
fee in accordance with Municipal Code Section 13.12.180.
Drainage fee, as required by the area drainage plan for the area
being developed.
Park Development fee, the developer shall pay the current parks
development fee for each unit approved for construction (credit shall
be provided for existing houses), to be based on codes and rates in
effect at the time of building permit issuance in accordance with Ord.
313 C.S.
Construction Tax, the applicant shall pay a construction tax pursuant
to Section 3-3.501 of the Arroyo Grande Municipal Code.
Alarm Fee, to be based on codes and rates in effect at the time of
development in accordance with Ord. 435 C.S.
Strong Motion Instrumentation Program (SMIP) Fee, to be based
on codes and rates in effect at the time of development in accordance
with State mandate.
Building Permit Fee, to be based on codes and rates in effect at the
time of development in accordance with Title 8 of the Municipal Code.
131. FEES TO BE PAID OR LAND DEDICATED PRIOR TO RECORDATION OF
THE FINAL MAPIPARCEL MAP
a. Park Development fee, the developer shall pay the current park
development fee, and/or donate land in-lieu of, for each lot approved,
in accordance with City Ordinance 313 C.S.
b. Park Dedication, the developer shall dedicate, in accordance with
City Ordinance 313 C.S., land for park purposes.
c. Park Improvement fee, the developer shall pay the current park
improvement fee, for each lot approved, in accordance with City
Ordinance 313 C.S.
132. Preliminary Title Report, a current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map. A current subdivision
RESOLUTION NO.
PAGE 27
guarantee shall be submitted to the Director of Public Works prior to recording
the Map.
BONDING SURETY
133. Erosion Control, prior to issuance of the grading or building permit, all new
residential construction requires posting of a $1,200.00 performance bond for
erosion control and damage to the public right-of-way. This bond is refundable
upon successful completion of the work, less expenses incurred by the City in
maintaining and/or restoring the site.
34. The applicant shall provide bonds or other financial security for the following. All
bonds or security shall be in a form acceptable to the City, and shall be provided
prior to recording of the map, unless noted otherwise. The minimum term for
Improvement securities shall be equal to the term of the subdivision agreement.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance
of the subdivision improvements.
d. Monumentation, 10O0/0 of the estimated cost of setting survey
monuments.
e. Tax Certificate, In accordance with Section 9-15.130 of the
Development Code, the applicant shall furnish a certificate from the
tax collector's office indicating that there are no unpaid taxes or
special assessments against the property
f. Accessory Structures, the applicant shall remove or bond for
removal of all accessory structures not sharing a parcel with a
residence.
g. Garages, the applicant shall construct, or bond for construction of a
two-car garage and driveway for the existing house on lot-.
h. Curb cuts, the applicant shall construct or bond for construction of
individual curb cuts and paved driveways for parcels.
POLICE DEPARTMENT CONDITIONS
135. Prior to issuance of building permit, applicant to submit exterior lighting plan for
Police Department approval.
136. Prior to issuance of a certificate of occupancy, the applicant shall post
handicapped parking, per Police Department requirements.
137. Prior to issuance of a certificate of occupancy, the applicant shall install a
RESOLUTION NO.
PAGE 28
burglary [or robbery] alarm system on commercial buildings per Police Department
guidelines, and pay the Police Department alarm permit application fee of
($94.00). Annual renewal fee is $31.00.
138. Prior to issuance of a certificate of occupancy, for any parking lots available to
the public located on private lots, the developer shall post private property "No
Parking" signs in accordance with the handout available from the Police
Department.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for verification in writing by the monitoring department or
agency that the mitigation measures have been implemented.
MITIGATION MEASURES:
MM 111-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of
the California Code of Regulations. This regulation limits idling from diesel-
fueled commercial motor vehicles with gross vehicular weight ratings of more
than 10,000 pounds and licensed for operation on highways. It applies to
California and non-California based vehicles. In general the regulation specifies
that drivers of said vehicles:
* Shall not idle the vehicle's primary diesel engine for greater than 5
minutes at any location.
* Shall not operate a diesel-fueled auxiliary power system (APS) to power a
heater, air conditioner, or any ancillary equipment on that vehicle during
sleeping or resting in a sleeper berth for greater that 5 minutes at any
location when within 1,000 feet of a restricted area.
MM 111-2: Off-road diesel equipment shall comply with the 5 minute idling
restriction identified in Section 2449(d)(2) of the California Air Resources Board's
In-Use Off-Road Diesel regulation.
MM 111-3: Signs must be posted in the designated queuing areas and job sites to
remind drivers and operators of the State's 5 minute idling limit.
MM 111-4: The project applicant shall comply with these more restrictive
requirements to minimize impacts to nearby sensitive receptors (adjacent
residential development):
RESOLUTION NO.
PAGE 29
Staging a queuing areas shall not be located within 1,000 feet of sensitive
receptors;
0 Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;
Use of alternative fueled equipment is recommended; and
0 Signs that specify no idling areas must be posted and enforced at the site.
MM 111-5: The project shall implement the following mitigation measures to
manage fugitive dust emissions such that they do not exceed the APCD's 20%
opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402):
Reduce the amount of the disturbed area where possible;
Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the APCD's limit of
20% opacity for greater than 3 minutes in any 60 minute period.
Increased watering frequency would be required when wind speeds
exceed 15 mph. Reclaimed (non-potable) water should be used
whenever possible;
All dirt stock pile areas should be sprayed daily and covered with tarps or
other dust barriers as needed;
Permanent dust control measures identified in the approved project
revegetation and landscape plans shall be implemented as soon as
possible, following completion of any soil disturbing activities;
Exposed ground areas that are planned to be reworked at dates greater
than one month after initial grading should be shown with a fast
germinating, non-invasive, grass seed and watered until vegetation is
established;
All disturbed soil areas not subject to revegetation should be stabilized
using approved chemical soil binders, jute netting, or other methods
approved in advance by the APCD;
All roadways, driveways, sidewalks, etc. to be paved should be completed
as soon as possible. In addition, building pads should be laid as soon as
possible after grading unless seeding or soil binders are used;
Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site;
All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance with
CVC Section 23'1 14;
Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or wash off trucks and equipment leaving the site;
Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall be used with reclaimed
water should be used where feasible. Roads shall be pre-wetted prior to
sweeping when feasible;
RESOLUTION NO.
PAGE 30
9 A listing of all required mitigation measures should be included on
grading and building plans; and,
e The contractor or builder shall designate a person or persons to monitor
the fugitive dust emissions and enhance the implementation of the
measures as necessary to minimize dust complaints, reduce visible
emissions below the APCD's limit of 20% opacity for greater than 3
minutes in any 60 minute period. Their duties shall include holidays and
weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD
Compliance Division prior to the start of any grading, earthwork or
demolition.
MM 111-6: Prior to the start of the project, the applicant shall obtain all necessary
permits for equipment to be used during construction by contacting the APCD
Engineering Division at (805) 781-5912.
MM 111-7: Prior to any grading activities, the project sponsor shall ensure that a
geologic evaluation is conducted to determine if naturally occurring asbestos
(NOA) is present within the area that will be disturbed. If NOA is not present, an
exemption request must be filed with the APCD. If NOA is found at the site, the
applicant must comply with all requirements outlined in the Air Resource Board
(ARB) Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying
and Surface Mining Operations.
MM 111-8: Burning of vegetative material on the development site shall be
prohibited.
MM 111-9: Should hydrocarbon-contaminated soil be encountered during
construction activities, the APCD shall be notified within forty-eight (48) hours of
such contaminated soil being discovered to determine if an APCD permit is
required. In addition, the following measures shall be implemented immediately
after contaminated soil is discovered:
e Covers on storage piles shall be maintained in place at all times in areas
not actively involved in soil addition or removal.
9 Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH - non-permeable barrier such as plastic
tarp. No headspace shall be allowed where vapors could accumulate.
Covered piles shall be designed in such a way as to eliminate erosion due
to wind or water. No openings in the covers are permitted.
9 During soil excavation, odors shall not be evident to such a degree as to
cause a public nuisance.
9 Clean soil must be segregated from contaminated soil.
MM 111-10: Operation of any commercial building with a loading area shall
RESOLUTION NO.
PAGE 31
include the establishment of a 'no idle' zone for diesel-powered delivery vehicles.
Vehicle idling shall be minimized to the maximum extent feasible using the
following techniques:
* Each delivery vehicle's engine shall be shut off immediately after arrival in
the loading dock or loading area, unless the vehicle is actively
maneuvering.
* The scheduling of deliveries shall be staggered to the maximum extent
feasible.
Vehicle operators shall be made aware of the 'no idle' zone, including
notification by letter to all delivery companies. - Prominently lettered signs shall be posted in the receiving dock area to
remind drivers to shut off their engines.
* Diesel idling within 1,000 feet of sensitive receptors is not permitted.
Use of alternative-fueled vehicles is recommended whenever possible.
* Staging and queuing areas shall not be located within 1,000 feet of
sensitive receptors.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Public Works Dept.,
Building Division, Engineering Division
Timing: Prior to issuance of Grading Permit and during
construction
MM V-I: Any areas where native (non-stockpiled) soil will be disturbed by
construction activities (grading, footings, utilities, etc) shall first be inspected by a
qualified archeologist to determine if any cultural resources are present. Prior to
construction activities and if cultural resources are present, a phase two
archeological study shall be conducted by a qualified archeologist and further
mitigation measures identified and implemented.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division; Public
Works Department
Timing: Prior to issuance of a grading permit
MM V-2: If a potentially significant cultural resource is encountered during
subsurface earthwork activities, all construction activities within a 100-foot radius
of the find shall cease until a qualified archaeologist determines whether the
uncovered resource requires further study. A standard inadvertent discovery
clause shall be included in every grading and construction contract to inform
contractors of this requirement. Any previously undiscovered resources found
during construction shall be recorded on appropriate California Department of
Parks and Recreation (DPR) forms and evaluated for significance in terms of
California Environmental Quality Act criteria by a qualified archaeologist.
RESOLUTION NO.
PAGE 32
Potentially significant cultural resources consist of, but are not limited to, stone,
bone, glass, ceramic, wood, or shell artifacts; fossils; or features including
hearths, structural remains, or historic dumpsites. If the resource is determined
significant under CEQA, the qualified archaeologist shall prepare and implement
a research design and archaeological data recovery plan that will capture those
categories of data for which the site is significant. The archaeologist shall also
perform appropriate technical analysis, prepare a comprehensive report, and file
it with the appropriate Information Center and provide for the permanent curation
of the recovered materials.
MM V-3: If human remains are encountered during earth-disturbing activities, all
work in the adjacent area shall stop immediately and the San Luis Obispo
County Coroner's office shall be notified immediately. If the remains are
determined to be Native American in origin, the Native American Heritage
Commission shall be notified and will identify the Most Likely Descendent, who
will be consulted for recommendations for treatment of the discovered remains.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division; Public
Works Department
Timing: Prior to issuance of a grading permit and during grading
activities
MM VI-I: Prior to grading permit issuance, the project proponent shall submit a
revised geotechnical study or addendum to the original study that either states
that all conclusions and recommendations in the original report are valid or, if the
original conclusions and recommendations are not valid, includes updated
conclusions and recommendations where necessary.
MM VI-2: All construction plans shall incorporate the recommendations of and
updated geotechnical study based on the study prepared for the project by GSI
Soils Inc. dated April 2006.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Engineering Division; Public
Works Department
Timing: Prior to issuance of a Grading Permit
MM VII-I: All construction plans shall reflect the following GHG-reducing
measures where applicable. Prior to issuance of building permits, the project
sponsor shall submit impact reduction calculations based on these measures to
the APCD for review and approval, incorporating the following measures:
a Incorporate outdoor electrical outlets to encourage the use of electric
appliances and tools.
RESOLUTION NO.
PAGE 33
Provide shade tree planting in parking lots to reduce evaporative
emissions from parked vehicles. Design should provide 50% tree
coverage within 10 years of construction using low ROG emitting, low
maintenance native drought resistant trees.
No residential wood burning appliances.
Provide employee lockers and showers. One shower and 5 lockers for
every 25 employees are recommended.
Trusses for south-facing portions of roofs shall be designed to handle
dead weight loads of standard solar-heated water and photovoltaic
panels. Roof design shall include sufficient south-facing roof surface,
based on structures size and use, to accommodate adequate solar
panels. For south facing roof pitches, the closest standard roof pitch to the
ideal average solar exposure shall be used.
Increase the building energy rating by 20% above Title 24 requirements.
Measures used to reach the 20% rating cannot be double counted.
Plant drought tolerant, native shade trees along southern exposures of
buildings to reduce energy used to cool buildings in summer.
Utilize green building materials (materials which are resource efficient,
recycled, and sustainable) available locally if possible.
Install high efficiency heating and cooling systems.
Design building to include roof overhangs that are sufficient to block the
high summer sun, but not the lower winter sun, from penetrating south
facing windows (passive solar design).
Utilize high efficiency gas or solar water heaters.
Utilize built-in energy efficient appliances (i,e. Energy Stam).
Utilize double-paned windows.
Utilize low energy street lights (i.e. sodium).
Utilize energy efficient interior lighting.
Install energy-reducing programmable thermostats.
Use roofing material with a solar reflectance values meeting the EPAIDOE
Energy Star@ rating to reduce summer cooling needs.
Eliminate high water consumption landscape (e.g., plants and lawns) in
residential design. Use native plants that do not require watering and are
low ROG emitting.
Provide on-site bicycle parking both short term (racks) and long term
(lockers, or a locked room with standard racks and access limited to
bicyclist only) to meet peak season maximum demand. One bike rack
space per 10 vehicle/employee space is recommended.
Require the installation of electrical hookups at loading docks and the
connection of trucks equipped with electrical hookups to eliminate the
need to operate diesel-powered TRUs at the loading docks.
Provide storage space in garage for bicycle and bicycle trailers, or
covered racks / lockers to service the residential units.
Responsible Party: Developer
RESOLUTION NO.
PAGE 34
Monitoring Agency: City of Arroyo Grande - CDD; Building Division; APCD
Timing: Prior to issuance of a Grading Permit or Building Permit
MM IX-I: The following BMPs shall be incorporated into the project:
o Roof Downspout Svstem. Direct roof drains to pervious areas to allow
infiltration prior to discharging to water bodies or the municipal storm drain
system.
o Run-off Control. Maintain post-development peak runoff rate and average
volume of runoff at levels that are similar to pre-development levels.
0 Labelins and Maintenance of Storm Drain Facilities. Label new storm
drain inlets with "No Dumping - Drains to Ocean" to alert the public to the
destination of stormwater and to prevent direct discharge of pollutants into
the storm drain.
e VehicleIEquipment Cleaning. CommercialIindustriaI facilities or multi-
familv residential developments of 50 units or greater should either
provie a covered, bermed area for washing activities or discourage
vehicle/equipment washing by removing hose bibs and installing signs
prohibiting such uses. Vehiclelequipment washing areas shall be paved
designed to prevent run-on or run off from the area, and plumbed to drain
to the sanitary sewer.
o Car Washing. Commercial car wash facilities shall be designed and
operated such that no runoff from the facility is discharged to the storm
drain system. Wastewater from the facility shall discharge to the sanitary
sewer or wastewater reclamation system.
o Common Area Litter Control. Implement trash management and litter
control for commercial and industrial projects or large-scale residential
developments to prevent litter and debris from being carried to water
bodies or the storm drain system.
0 Food Service Facilities. Design food service facilities (including
restaurants and grocery stores) to have a sink or other area for cleaning
floor mats, containers, and equipments that is connected to a grease
interceptor prior to discharging to the sanitary sewer system. The
cleaning area should be large enough to clean the largest mat or piece of
equipment to be cleaned.
0 Refuse Areas. Trash compactors, enclosures and dumpster areas should
be covered and protected from roof and surface drainage. Install a self-
RESOLUTION NO.
PAGE 35
contained drainage system that discharges to the sanitary sewer if water
cannot be diverted from the areas.
a Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other
chemicals stored outdoors must be in containers and protected from
drainage by secondary containment structures such as berms, liners,
vaults or roof covers andlor drain to the sanitary sewer system. Bulk
materials stored outdoors must also be protected from drainage with
berms and covers. Process equipment stored outdoors must be
inspected for proper function and leaks, stored on impermeable surfaces
and covered. Implement a regular program of sweeping and litter control
and develop a spill cleanup plan for storage areas.
a Cleaninq, Maintenance and Processinq Controls. Areas used for
washing, steam cleaning, maintenance, repair or processing must have
impermeable surfaces and containment berms, roof covers, recycled
water wash facility, and discharge to the sanitary sewer. Discharges to
the sanitary sewer may require pretreatment systems andlor approval of
an industrial waste discharge permit.
0 Loadincl Dock Controls. Design loading docks to be covered, surrounded
by berms or curbs, or constructed to prevent drainage onto or from the
area. Position roof downspouts to direct stormwater away from the loading
area. Water from loading dock areas shall be drained to the sanitary
sewer, or diverted and collected for ultimate discharge to the sanitary
sewer. Door skirts between the trailers and the building should be
installed to prevent exposure of loading activities to rain.
a Streetbarking lot Sweepinq: Implement a program to regularly sweep
streets, sidewalks and parking lots to prevent the accumulation of litter
and debris. Debris resulting from pressure washing should be trapped
and collected to prevent entry into the storm drain system. Wash water
containing any cleaning agent or degreaser should be collected and
discharged to the sanitary sewer.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Engineering
Division; Building Division
Timing: Prior to issuance of a Building Permit
MM XII-I: All store deliveries shall be restricted to between the hours of 7:00 AM
to 10:OO PM, and the current parking limitations on either side of South
Courtland Street shall be maintained.
MM Xll-2: Any residential structures that would have a direct line of sight to
RESOLUTION NO.
PAGE 36
store delivery areas shall include acoustical treatment to reduce exterior noise
levels by thirty (30) decibels, the cost of which shall be borne by the developers.
MM Xll-3: Delivery truck drivers shall be instructed to turn off diesel engines
when trucks are parked or being unloaded.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Engineering
Division; Building Division
Timing: Prior to issuance of a Building Permit
MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School
District impact fee.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - Building Division
Timing: Prior to issuance of a Building Permit
MM XVI-1: For the intersection of Brisco Road and East Grand Avenue, the
applicant shall restripe the westbound approach to include a dedicated
westbound right turn lane, which will require two 11' travel lanes and a 10' turn
lane.
MM XVI-2: For the intersection of Oak Park Boulevard and El Camino Real, the
applicant shall:
rn Restripe the westbound left turn lane as a shared left/through lane;
e Restripe the westbound shared through-right lane to a dedicated right turn
lane;
e Provide overlap phasing for the westbound right turn movement; and
9 Provide overlap phasing for the eastbound right turn movement.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Engineering
Division; Public Works Department
Timing: Prior to issuance of a Building Permit
INITIAL STUDY/
MITIGATED NEGATIVE
DECLARATION
EXHIBIT B
Development Agreement 15-002, General Plan Amendment 14-002, Specific Plan Amendment 14-001,
Conditional Use Permit 14-009 &Vesting Tentative Tract Map 14-001
Southwest Corner of East Grand Avenue and South Courtland Street
November 2014 (Revised July 2015)
INITIAL STUDY MITIGATED NEGATIVE DECLARATiON November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Project: Development Agreement 15-002, General Plan Amendment 14-002, Specific Plan
Amendment 14-001, Conditional Use Permit 14-009 & Vesting Tentative Tract Map 14-
001
Lead Agency: City of Arroyo Grande
Document Availability:
City of Arroyo Grande
Community Development Department
300 East Branch Street
Arroyo Grande, CA 93420
Project Description:
The proposed project involves entering into a Development Agreement, amending Arroyo Grande
General Plan Land Use Element and the Berry Gardens Speciflc Plan relating to development of Subarea
3 (4.47 acres). The amendments allow for creatlon of Subarea 3a for commerctal development with
approximately 15.600 square-feet of building space and four (4) m~xed-use residential condominiums of
approximately 1,000 square-feet, as well as the creation of Subarea 36 for residential development with
up to a maximum of ial units. There is also a pending Conditional
Use Permit (CUP 14- ing Tentative Tract Map (VTTM 14-001)
application for Subarea
Summary Documen
Pursuant to Section 21082.1 of the California Environmental Quality Act, the City of Arroyo Grande (the
City) has independently reviewed and analyzed the lnittal Study and M~tigated Negative Declaration for
the proposed project and finds that these documents reflect the Independent judgment of the City. The
Crty, as lead agency, also confirms that the project mitigat~on measures detailed cn these documents are
feasible and will be implemented as stated in the Mitigated Negative Declaration.
Teresa McClish, AlCP
Community Development Director
Matthew Downing, AlCP
Associate Planner
12 Nov 2014 20 July 2015
Date Revised
12 Nov 2014 20 July 2015
Date Revised
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Table of Contents:
Introduction ....... .. ...................................................................................................................................... 6
Introduction and Regulatory Guidance ............ .. 6
Lead Agency .............................................................................................................................................. 6
. . Purpose and Document Organization ....................................................................................................... 6
Summary of Findings 7
Project Descriptio 8
Introduction .................................................... 8
Location 8
Background and Need for Project 9
Project Description
Other Required Public Agency Approvals
Related Projects ... .............................................................................................. 10
Environmental Checklis 11
Project Information 11
Environmental Factors Potentially Affe 12
Determinatio 12
Evaluation of Envir 13
Environmental Issues 14
14
14
15
19 -
V. Cultural Resources ................... ... ............. ..... ...................................................................................... 20
VI. Geology and Soils 22
V11. Greenhouse Gas Emission 23
Vlll Hazards and Haz 26
IX Hydrology and Water Quality ...................................................................................................... 27
X. Land Use and Plannin 30
XI. Mineral Resource 31
XII. Noise 3 1
XIII. Population and Housing ................... ........ ............................................................................. 32
XIV. Public Services 33
XV. Recreatio 34
Page 4 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
XVI. Transportation/Traffi
XVII. Utilities and Service Systems
Mandatory Findings of Significanc
Summary of Mitigation Measure
Documents & Maps
Page 5 of 49
lNlTlALSTUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Introduction
Introduction and Regulatory Guidance
The Initial StudyIMitigated Negative Declaration (ISIMND) has been prepared by the City of Arroyo
Grande (the City) to evaluate the potential environmental effects of the proposed project. This
document has been prepared in accordance with the California Environmental Quality Act (CEQA), Public
Resources Code 521000 et seq., and the State CEQA Guidelines, California Code of Regulations (CCR)
515000 et seq.
An Initial Study is conducted by a lead agency to determine if a project may have a significant effect on
the environment [CEQA Guidelines 515063(a)]. If there is substantial evidence that a project may have a
significant effect on the environment, an Environmental Impact Report (EIR) must be prepared, in
accordance with CEQA Guidelines 515064(a). However, if the lead agency determines that revisions in
the project plans or proposals made by or agreed to by the applicant mitigate the potentially significant
effects to a less-than-slgniflcant level, a Mlt~gated Negative Declaration may be prepared instead of an
EIR [CEQA Guidelines §15070(b)]. The lead agency prepares a written statement describing the reasons -
a proposed project would not have a significant effect on the environment and, therefore, why an EIR
need not be prepared. Th~s IS/MND conforms to the content reaulrements under CEQA Guidelines
Lead Agency
The lead agency is the publ~c agency w~th primary approval authority over the proposed project. In
accordance with CEQA Guidelines 515051(b)(l), "the lead agency will normally be an agency w~th
general governmental powers, such as a clty or county, rather than an agency wlth a slngle or llmited
purpose." The lead agency for the proposed project is the City of Arroyo Grande. The contact person for
the lead agency is:
Matthew Downing, A
City of Arroyo Grande
300 E Branch Street
Arroyo Grande, CA 93420
(805) 473-5420
Purpose and Document Organization
The purpose of this document is to evaluate the potential envlronrnental effects of the proposed
project. Mitigation measures have been Identifled and incorporated into the project to eliminate any
potentially significant impacts or reduce them to a less-than-significant level.
This document is organized as follows:
Introduction
This chapter provides an introduction to the project and describes the purpose and organization
of this document.
Project Description
This chapter describes the reasons for the project, scope of the project, and project objectives
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
a Environmental Setting, Potential Impacts and Mitigation Measures
This chapter identifies the significance of potential environmental impacts, explains the
environmental setting for each environmental issue, and evaluates the potential impacts
identified in the CEQA Environmental (Initial Study) Checklist. Mitigation measures are
incorporated, where appropriate, to reduce potentially significant impacts to a less-than-
significant level.
Mandatory Findings of Significance
This chapter identifies and summarizes the overall significance of any potential impacts to
natural and cultural resources, cumulative impacts, and impact to humans, as identified in the
Initial Study.
Summary of Mitigation Measures
This chapter summarizes the mitigation roject as a result of the
Initial Study.
References
Th~s chapter ldentifles the references and sources used in the preparation of this ISfMND. It also
provides a list of those involved in the preparation of thls document.
Summary of Findings
Section 3 of this d dy) Checklist that identifies the
potential environme rief discussion of each impact resulting
from implementatio
In accordance with §15064(f) of the CEQA Guidelines, a Mitigated Negative Declaration shall be
prepared if the proposed project will not have a slgniftcant effect on the environment after the ~nclus~on
of mitigation measures in the project. Based on the available project information and the
env~ronmental analysis presented in this document, there is no substantla1 evldence that, after the
incorporatton of mitigation measures, the proposed project would have a slgnif~cant effect on the
environment. It is proposed that a Mftigated Negatlve Declaration be adopted in accordance wlth the
CEQA Guidelines.
Revisions
This Mitigated Negatlve Declaration was revlsed in Julv 2015 due to a revlsed proiect description.
Prgv~ous circulation of-!hp. khrxated Negative DecjarJtion is acceptable due to the reviseoqraec!
descriptioil~ot creating additional significant impacts nor requiring adftional mrigation.
Page 7 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Project Description
Introduction
This Initial StudyIMitigated Negative Declaration (ISIMND) has been prepared by the City of Arroyo
Grande (the City) to evaluate the potential environmental effects of the proposed project. The project
site is located along East Grand Avenue, between South Courtland Street and the western boundary of
the City. The project site consists of two (2) parcels, totaling 4.47 acres. The site is surrounded on all
sides by existing development: commercial to the east, north and west (C~ty of Grover Beach) and
family resident~al to the south.
Location
Page 8 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Background and Need for Project
The project site is part of the Berry Gardens Specific Plan (BGSP), which identifies the site as Subarea 3.
Adopted in 1998, the BGSP contains four (4) subareas, totaling approximately forty-seven (47) acres.
When the BGSP was adopted, it only addressed development of Subarea 1 (developed with both neo-
traditional single-family homes and 'patio' homes) - the BGSP was to be amended to address the
remaining three (3) subareas. In 2003, the BGSP was amended to allow the residential development of
Subarea 2. In 2005, the BGSP was amended to allow the development of Subareas 3 and 4. This
amendment set forth standards for the subareas to be developed with a commercial component on
approximately the northernmost 213 of the project site, and affordable multi-family apartments on the
remainder of the project site. In 2011, the BGSP was amended to allow Subarea 4 to be developed with
a maximum of 45 affordable multi-family apartments, while Subarea 3was designated as an unplanned
subarea requiring a future specific plan amendment for development. The development of Subarea 4
has been completed and now the applicant is seeking to develop Subarea 3 by amending the BGSP and
securing entitlements to develop the site. Devel mplete development of the
Berry Gardens Specific Plan, refine the western try-level and workforce
housing and increase sales tax revenue.
Project Description
DA 15-002
Fob~vlngthe C~ty Counc~l's cons~derar~on of the prolect in December 2014, the Property Owner and C~tv
entered Into a Memolandurn of bnaerstandlng fMOUj o_n F&_ualy 10, 2015 The purpose of th%M-O_U
was to facilitate a Development Agreement between the Property Owner and the City for the
construction of a mixed use (commerctal and offlce/restdential) protect on the property, with an
GPA 14-002
The proposed Gener Policy LUS-10.1 of the Land Use
encourage the construction of high-quality commercial development with pedestr~an oriented
horizontal mixed-use residential development and Include high-dens~ty detached single-family houslng
as part of a mixed-use development.
SPA 14-001
The proposed Specific Plan Amendment will amend the Berry Gardens Specific Plan - specifically,
Subarea 3. The Berry Gardens Specific Plan covers approximately forty-seven (47) acres along the
western edge of Arroyo Grande. The Plan includes four (4) Subareas; Subarea 1 is developed with a mix
of neo-traditional single-family and 'patio' homes, Subarea 2 is developed with single-family
townhouses, and Subarea 4 is developed with affordable multi-family apartments. The proposed
amendment will establish allowed uses and development standards for Subarea 3, consisting of the
following:
e Commercial/office with vertical mixed-use on the northernmost 1.24 acres (Subarea 3a) -
approximately 15,600 square-feet commercial area and four (4) 1,000 square-foot
condominiums; and
9 Residential use on the southernmost 3.13 acres (Subarea 3b) - maximum of thirty-eight (38)
single-family residential townhomes.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
CUP 14-009
The proposed Conditional Use Permit will develop Subarea 3a with three (3) commercial buildings
totaling approximately 15.600 square-feet of commercial area and four (4) second-story condominiums
of approximately 1,000 square-feet each, resulting in a vertical mixed-use development.
VnM 14-001
The proposed Vesting Tentative Tract Map will subdivide Subarea 3b into thirty-nine (39) lots, including
thirtv-eight (38) single-family residential lots and one (1) common area lot, which would include a
centrally located "neighborhood green".
Other Required Public Agency Approvals
No other public agency approvals are required for the proposed project.
Related Projects
The proposed project is related to the larger Berry G an (BGSP), which has been
developed over the last twelve (12) years with a mix single-family homes, 'patlo'
homes and townhomes on approximately forty-one (41) acres, generally bounded by Boysenberry
Avenue, Strawberry Avenue, Oak Park Boulevard and Ash Street.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Environmental Checklist
Project Information
Project Title:
Lead Agency Name &Address:
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009 &
VTTM 14-001
City of Arroyo Grande
300 East Brach Street
Arroyo Grande, CA 93420
Contact Person &Telephone Number: Matthew Down~ng, Associate Planner
(805) 473-5420
Project Location:
Project Sponsor Names & Addresses:
San Leis Obispo, CA 93401
Gateway Mixed-Use Specific Plan (GMU-SP)
Refer to page 9
Surrounding Land Uses &Setting: The project site 1s surrounded by commerc~al
development to the east, north and west and
resldentiai development to the south The site itself
IS undeveloped.
Approval Required from Other Public Agencies: None
Page 11 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at
least one impact that is a "Potentially Significant Impact", as indicated by the checklist on the following
pages:
Aesthetics Agricultural Resources E Air Quality
Biological Resources rn Cultural Resources Geology/Soils rn Greenhouse Gas Emissions Hazards & Hazardous Materials HydrologyIWater Quality
Land Use/Planning Mineral Resources rn Noise
Population/Housing rn Public Services Recreation
[XI Transpoitation/Traffic Utilities/Service Systems E Mandatory Findings of Significance
Determination
On the bass of thls Initial evaluatton:
I find that the proposed project COULD NOT have a significant effect on the environment and a
NEGATIVE DECLARATION will be prepared.
IXj I find that, although the original scope proposed project COULD have had a significant
effect on the environment, there WILL a significant effect because revisions/mitigations
to the project have been to by the applicant. A MITJGATED NEGATIVE
DECLARATION will be prepar
I flnd that the proposed project MAY have a signlflcant effect on the envlronment and an
ENVIRONMENTAL IMPACT REPORT or its functional equivalent will be prepared.
I f~nd that the proposed project MAY have a "potentially significant impact" or "potent~ally
significant unless mitigated impact" on the envlronment. However, at least one Impact has
been adequately analyzed in an earlier document, pursuant to applicable legal standards, and
has been addressed by mltlgation measures based on the earlier analysis, as described in the
report's attachments. An ENVIRONMENTAL IMPACT REPORT 1s required, but it must analyze
only the impacts not sufficiently addressed in previous documents.
I find that, although the proposed project could have had a significant effect on the
environment, because all potentially significant effects have been adequately analyzed in an
earlier EIR or Negative Declaration, pursuant to applicable standards, and have been avoided or
mitigated, pursuant to an earlier EIR, including revisions or mitigation measures that are
imposed upon the proposed project, all impacts have been avoided or mitigated to a less-than-
significant level and, no further action is required.
Matthew Downing, AICP
Associate Planner
Date
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Evaluation of Environmental Impacts
1. A brief explanation is required for all answers, except "No lmpact", that are adequately
supported by the information sources cited. A "No lmpact" answer is adequately supported if
the referenced information sources show that the impact does not apply to the project being
evaluated (e.g., the project falls outside a fault rupture zone). A "No lmpact" answer should be
explained where it is based on general or project-specific factors (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2. All answers must consider the whole of the project-related effects, both direct and indirect,
including off-site, cumulative, construction, and operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur, the checklist
answers must indicate whether that impact is potentially significant, less than significant with
mitigation, or less than significant. "Potentially Significant Impact" is appropriate when there is
sufficient evidence that a substantial or potentially, substantial adverse change may occur in any
of the physical conditions within the area affected by the project that cannot be mitigated
below a level of significance. If there are one or more "~otentially significant lmpact" entries, an
Environmental lmpact Report (EIR) is reqtiired.
4. A "Mitigated Negative Declaration" (~e~ative Declaration: Less Than Significant with Mitigation
Incorporated) applies where the incorporation of mitigation measures, prior to declaration of
project approval, has reduced.an effect from "Potentially Significant Impaq" to a "Less Than
Significant lmpact with ~itigation." The lead agency must describe the mitigation measures and
briefly explain how they reduce the effect to a less than significant level.
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR (including a General Plan) or
Negative Declaration [CCR, Guidelines for the implementation' of CEQA, 5 15063(c)(3)(D)].
References to.an earlier analysis should:
a) Identify the earlier analysis and state where it is available for review.
b) Indicate which effects from the environmental checklist were adequately analyzed in the
earlier document, pursuant to applicable legal standards, and whether these effects were
adequately addressed by mitigation measures included in that analysis.
c) Describe the mitigation measures in this document that were incorporated or refined from ' the earlier document and indicate to what extent they address site-specific conditions for
this project.
6. Lead agencies are encouraged to incorporate references to information sources for potential
impacts into the checklist or appendix (e.g., general plans, zoning ordinances, biological
assessments). Reference to a previously prepared or outside document should include an
indication of the page or pages where the statement is substantiated.
7. A source list should be appended to this document. Sources used or individuals contacted
should be listed in the source list and cited in the discussion.
8. Explanation(s) of each issue should identify:
a) the criteria or threshold, if any, used to evaluate the significance of the impact addressed by
each question and
b) the mitigation measures, if any, prescribed to reduce the impact below the level of
significance.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Environmental Issues
I. Aesthetics
Environmental Setting
The project site is located along the City's main commercial corridor (East Grand Avenue). Although the
site is undeveloped, it is surrounded by commercial development to the east, north and west and
residential development to the south, including a recently completed affordable multi-family apartment
project.
Less Than Potentially Less Than Significant Significant Significant No Impact with
Impact Mitigation Impact Would the project:
a) Have a substantial adverse affect on a scenic vlsta? El €4
b) Substantially damage scenic resources, inc
but not limited to, trees, rock outcropping €4
historic buildings within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings$ 0
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in €4
the area?
Discussion
a-b: No impacts.
c: Development standards contained within the Specffic Plan Amendment regulate building form
through minimum requfred setbacks, maximum lot coverage and floor area ratlo, and maximum allowed
build~ng size, ensuring that new development is compatible with the existlng v~sual character of the
area. Less than signif~cant impact
d: The project would create a new source of nighttime lighting in the form of parking lot and building
lights for Subareas 3 area 3a. However, compliance with
applicable ~unicipal re that this new source of lighting will
not adversely affect vi
References: 2,3,15
11. Agriculture and Forestry Resources
Environmental Setting
The project site was previously used for agricultural production (strawberries), but does not contain
prime soils according to the California Department of Conservation's Important Farmland Map of San
Luis Obispo County, nor is it currently designated or zoned for agricultural use.
Page 14 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATiON November 2014 (Revised Juiy 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Would the project:
Less Than Potentially Less Than Significant Significant with Significant No Impact
Impact Mitigation Impact
a) Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland), as
shown on the maps prepared pursuant to the C? €4
Farmland Mapping and Monitoring Program of the
California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning
of, forest land (as defined in Public Resources Code
section 12220)g)), timberland (as defined by Public
Resources Code section 4526), or timberland zoned €4
Timberland Production (as defined by Gove
Code section 51104(g))?
d) Result in the loss of forest land or conversion
forest land to non-forest use? €4
e) Involve other changes in the existing environment
which, due to their location or nature, could result in L%
conversion of Farmland to non-agricultural use?
* In determmlng whether rmp ulturol resources ore sign~ficant ennronmentol effects, leod ogennes moy refer to the
CoIforn!o Agricultural Land (1997), prepored by the Colfornro Department of
Conservation os on optionol model fo turol ondformiond
Discussion
111. Air Quality
Environmental Setting
San Luis Obispo County is in non-attainment status for ozone (O,), respireable particulate matter (PM10)
and vinyl chloride under the California Air Resource Board (CARB) standards. The County is in
attainment status for all other applicable CARB standards. The proposed project will construct thirty- - (38) single-family detached homes, 15,600 square-feet of commercial area for currently
unidentified commercial uses, and four (4) condominium units.
Less Than Potentially Less Than Significant Significant Significant No Impact with Impact Impact Would the project: Mitigation
a) Conflict with or obstruct implementation of the
applicable air quality plan? m
b) Violate any air quality standard or contribute
substantially to an existing or projected air quality r? 0
violation?
Page 15 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
c) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is in
non-attainment under an applicable federal or state
ambient air quality standard (including releasing P3
emissions which exceed quantitative thresholds for
ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations? P3
e) Create objectionable odors affecting a substantial
number of people? P3
* Where ovoiioble, the agnrfrconce criterro estabbshed by the oppiicoble oir quobty management or orr poiiutron controi dlstnct
may be rel~ed on to make these determinations
San Luis Obispo County Air Pollution Control District {APCD) Specific Comments
APCD reviewed the proposed project and submitted a letter dated October 21, 2014 outlining
recommended mitigation measures. These beasures have been incorporated into this Initial
Study/Mitigated Negative Declaration. APCD encourages a balance of residential and commercial
infill within the existing County URL/VRLs, as this is consistent with the land use goals and policies
of the APCD's Clean Air Plan. Increasing density ca ce trips and travel. distances and
encourage the use of alternative forms of transportation.
APCD specifically commended the appl~cant on the following elements of the project design:
in the city limits with, where people can
RL where such development is planned for
for reduced traffic, making transit
::services more viable and effective.
Discussion
a: No Impacts.
b-d: Construction impacts of the proposed project were estimated using the most recent CalEEMod
computer model by Air Pollution Control District (APCD) staff. Based on the estimations, construction
phase impacts will likely be less than significant when typical mitigation measures are included in the
project. The proposed' project will also generate short-term emissions during construction.
Implementation of the following mitigation measures will reduce these impacts to a less than significant
level. Less than significant with miti~ation
MM 111-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California
Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles
with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California based vehicles. In general the regulation
specifies that drivers of said vehicles:
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
e Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any
location. . Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater that 5 minutes at any location when within 1,000 feet of a
restricted area.
MM 111-2: Off-road diesel equipment shall comply with the 5 minute idling restriction identified
in Section 2449(d)(2) of the California Air Resources Board's In-Use Off-Road Diesel regulation.
MM 111-3: Signs must be posted in the designated queulng areas and job sites to remlnd drlvers
and operators of the State's 5 minute Idling limlt.
MM 111-4: The project applicant shall comply with these more restrictive requirements to
minimize Impacts to nearby sensltive receptors (adjacent residential development): . Staglng a queuing areas shall not be located within 1,000 feet of sensitive receptors; . D~esel idling wlthin 1,000 feet of sensitive receptors shall not be permitted; . Use of alternative fue ipment 1s recommended; and
a Slgns that specify no I s must be posted and enforced at the site.
MM 111-5: The project shall implement n measures to manage fugitive
dust emissions such that they do not exce pacity limit (APCD Rule 401) or
prompt nuisance violations (APCD ~ble 4
. Reduce the amount of the distur
e Use of water trucks or sprinklers in sufficient quantities to prevent airborne dust
leaving the site and from exceeding the APCD's limit of 20% opacity for greater
tes in any 60 minute period. Increased watering frequency would be
n wind speeds exceed 15 mph. Reclaimed (non-potable) water should be
should be sprayed daily and covered with tarps or other dust
arriers as needed;
e Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities; . Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be shown with a fast germinating, non-invasive, grass seed
and watered until vegetation is established;
e All disturbed soil areas not subject to revegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD; . All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used; . Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VrTM 14-001 . All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23'114; . Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
r Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers shall be used with reclaimed water should be used where
feasible. Roads shall be pre-wetted prior to sweeping when feasible; . A listing of all required mitigation measures should be included on grading and building
plans; and, . The contractor or builder shall designate a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below the APCD's limit of 20%
opacity for greater than 3 minutes in any 60 minute period. Their duties shall include
holidays and weekend periods when work may not be in progress. The name and
telephone number of such persons shall be provided to the APCD Compliance Division
prior to the start of any grading, earthwork or demolition.
MM 111-6: Prior to the start of the project, the applicant shall obtain all necessary permits for
equipment to be used during tion by contacting the APCD Engineering Division at (805)
781-5912.
MM 111-7: Prior to any gradlng activities, the project sponsor shall ensure that a geologlc
evaluation is conducted to determine if naturally occurring asbestos (NOA) is present wlthin the
area that will be disturbed. If NOA IS not present, an exemption request must be filed with the
APCD. If NOA is found at the slte, the applicant must comply with all requirements outlined In
the Air Resource Board (ARB) Air Toxics Control Measure (ATCM) for Construction, Grading,
elopment site shall be prohibited.
M&l 111-9: Should hydrocarbon-contaminated soil be encountered during construction activities,
the APCD shall be notified within forty-eight (48) hours of such contaminated soil being
discovered to determine if an APCD permit is required. In addition, the following measures shall
be implemented immediately after contaminated soil is discovered: . Covers on storage piles shall be maintained in place at all times in areas not actively
involved in soil addition or removal.
e Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH - non-permeable barrier such as plastic tarp. No
headspace shall be allowed where vapors could accumulate. . Covered piles shall be designed in such a way as to eliminate erosion due to wind or
water. No openings in the covers are permitted.
e During soil excavation, odors shall not be evident to such a degree as to cause a public
nuisance.
Clean soil must be segregated from contaminated soil.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
e: Operation of the commercial portion of the proposed project may create objectionable odors
affecting adjacent residents. The Specific Plan Amendment prohibits commercial uses that may create
objectionable odors, including nail salons, dry-cleaners, coffee roasters, gasoline stations, furniture
refurbishinglrefinishing, and any spray paint operation. Therefore, operation of the commercial portion
of the proposed project will not constitute a significant impact. Less than significant with mitigation
MM 111-10: Operation of any commercial building with a loading area shall include the
establishment of a 'no idle' zone for diesel-powered delivery vehicles. Vehicle idling shall be
minimized to the maximum extent feasible using the following techniques:
e Each delivery vehicle's engine shall be shut off immediately after arrival in the loading
dock or loading area, unless the vehicle is actively maneuvering.
e The scheduling of deliveries shall be staggered to the maximum extent feasible. . Vehicle operators sha ' zone, including notification by
letter to all delivery companies. . Prominently lettered signs shall in the receiving dock area to remind drivers
to shut off their engines.
e Diesel idling within 1, . Use of alternative-fu
a Staging and queuing a
References: 10, 11, 15, 24, B
seslweeds that are mowed twice
Program. Existing development on all four (4)
Page 19 of 49
INITIAL STUDY MITIGATED NEGATiVE OECLARATiON November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VITM 14-001
Wouid the project:
Less Than Potentially Significant Significant with Impact Mitigation
a) Have a substantial adverse effect, either directly or
through habitat modification, on any species identified
as a sensitive, candidate, or special status species in
local or regional plans, policies, or regulations, or by
the California Department of Fish and Game or the
U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian
habitat or other sensitive natural community identified
in local or regional plans, policies, or regulations, or by
the California Dep
U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on fe
protected wetlands, as defined by $404 of the
Water Act (includi
pool, coastal, etc.) through direct
hydrological interruption, or other me
d) Interfere substantially with the
native resident or mi
with established native res'
corridors, or impede th
sites?
e) Conflict with a
protecting biological
preservation policy
f) Conflict with t
Consetyation Plan,
Plan, or other approved local, regiona,, or state habitat.
conservation plan?
Less Than
Significant No Impact
lmpact
Discussion
a-f: No Impacts.
References 15,16,19
V. Cultural Resources
Environmental Setting
No archeological sites have been recorded within one-half mile of the project site; however, two (2)
archeological sites have been recorded within two-thirds of a mile of the project site. A phase one
archeological surface survey was conducted in 1997 for the BGSP properties. No intact historic or
prehistoric cultural sites were noted during the survey; however, isolated pieces of prehistoric shell and
modern or historic shell and burnt bone and glass were noted in a total of five (5) separate locations
within the entire forty-seven (47) acre Berry Gardens project area, including the project site. Two (2) of
these locations contained Pismo clam shell fragments with either glass or domestic animal bone and are
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VIIM 14-001
probably historic in origin. The remaining three (3) locations contained isolated shell fragments that are
probably prehistoric in origin. A substantial amount of fill material has been stored on the project site
for the past several years.
Would the project:
Less Than Potentially Less Than Significant Significant Significant No Impact
lmpact with lmpact Mitigation
a) Cause a substantial adverse change in the
significance of a historical resource as defined in 5 [? €XI
15064.5?
b) Cause a substantial adverse change in the
significance of an archaeological resource pursuant to
5 15064.5?
c) Directly or indirectly destroy a uni
paleontological resource or site or unique geol
feature?
d) Disturb any human remains, including
interred outside of formal cemeteries? 0
Discussion
a-d: The presence of isolated prehistotic cultural materials tes the potential for significant impacts
to cultural resources should more intact or substantial deposits be present within the project site.
Implementation of the following mitigation impacts to a less than significant
level.
II be disturbed by construction
d by a qualified archeologist to
ruction activities and if cultural
I be conducted by a qualified
MM '4-2: If a potentially significant cultural resource is encountered during subsurface
earthwork activities, all construction activities within a 100-foot radius of the find shall cease
until a qualified archaeologist determines whether the uncovered resource requires further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously undiscovered
resources found during construction shall be recorded on appropriate California Department of
Parks and ~ecreation (DPR) forms and evaluated for significance in terms of California
Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts;
fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shall prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data
for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the appropriate Information Center
and provide for the permanent curation of the recovered materials.
Page 21 of 49
INITIAL STUDY MlTiGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
MM V-3: If human remains are encountered during earth-disturbing activities, all work in the
adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be
notified immediately. If the remains are determined to be Native American in origin, the Native
American Heritage Commission shall be notified and will identify the Most Likely Descendent,
who will be consulted for recommendations for treatment of the discovered remains.
References: 15, 16,19
VI. Geology and Soils
Environmental Setting
In general, the project site slopes to the south with an average elevation of approximately ninety (90)
feet above mean sea level. The south side of the site is generally ten (10) feet below the north side in
elevation. Near surface soils generally consist of silty sands to a depth of 4-5 feet in a slightly moist to
moist state and in a loose to medium-dense condition.
Would the project:
Potentially Than Less Than
Signiftcant Significant Significant NO Impact w~th Impact Impact Mitigation
a) Expose people or structures to potential substantial
adverse effects, including the r~sk of loss, injury, or
death involving:
i) Rupture of a known earthquake faul
delineated on
Earthquake Fault Zonin
Geologist for the a
substantial evideAce of a known fault? (R E4 0
Division of Mines and G
42.)
ii) Str
iii) -. Seismic-relat
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of
topsoil? 0 E4
c) Be located on a geoiogic unit or soil that is unstable,
or that would become unstable, as a result of the
project and potentially result in on- or off-site 0 0 !XI
landslide, lateral spreading, subsidence, liquefaction,
or collapse?
d) Be located on expansive soil, as defined in Table 18-
1-6 of the Uniform Building Code (1994), creating !XI
substantial risks to life or property?
e) Have soils incapable of adequately supporting the
use of septic tanks or alternative waste disposal
systems, where sewers are not available for the 0 0 ixl
disposal of waste water?
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Discussion
a: A geotechnical investigation of the project site was performed by GSI Soils Inc. (2006). This
investigation concluded that the project site is suitable for the proposed project if the recommendations
contained in the investigation are incorporated into the project plans and specifications.
Implementation of the following mitigation measure will reduce any potential impacts to a less than
significant level. Less than significant with mitigation
MM VI-1: Prior to grading permit issuance, the project proponent shall submit a revised
geotechnical study or addendum to the original study that either states that all conclusions and
recommendations in the o
recommendations are not v
necessary.
MM VI-2: All construction plans shall inc
geotechnical study based on the study pre
2006.
b-e: No impacts.
References: 20
VII. Greenhouse Gas Emissions
Environmental Setting
The project site is locate
main commercial co '
Less Than Potentially Less Than Significant Significant ... I.k Significant No Impact
,",,,I,
Would the pr impact Mitigation
a) Generate greenhou
Impact
or indirectly, that may have a significant effect on the [? Lx
environment?
b) Conflict with an applicable plan, policy or regulat~on
adopted for the purpose of reducing the emissions of [? Kl
greenhouse gases?
Discussion
a-b: Greenhouse Gas (GHG) Emissions are said to result in an increase in the earth's average surface
temperature. This is commonly referred to as global warming. The rise in global temperature is
associated with long-term changes in precipitation, temperature, wind patterns, and other elements of
the earth's climate system. This is also known as climate change. These changes are now thought to
be broadly attributed to GHG emissions, particularly those emissions that result from the human
production and use of fossil fuels.
The passage of AB32, the California Global Warming Solutions Act (2006), recognized the need to
reduce GHG emissions and set the greenhouse gas emissions reduction goal for the State of California
into law. The law required that by 2020, State emissions must be reduced to 1990 levels. This is to be
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
accomplished by reducing greenhouse gas emissions from significant sources via regulation, market
mechanisms, and other actions. Subsequent legislation (e.g., SB97-Greenhouse Gas Emissions bill)
directed the California Air Resources Board (CARB) to develop statewide thresholds.
In March 2012, the San Luis Obispo County Air Pollution Control District (APCD) approved thresholds for
GHG emission impacts, and these thresholds have been incorporated in the APCD's CEQA Air Quality
Handbook. APCD determined that a tiered process for residential/commercial land use projects was
the most appropriate and effective approach for assessing the GHG emission impacts. The tiered
approach includes three methods, any of which can be used for any given project:
Qualitatwe GHG Reduction Strategies (e.g. Cllmate Actlon Plans): A qualitative threshold that 1s
consistent w~th AB 32 Scoplng Plan measures and goals; or,
* Bright-Line Threshold: Numerical value to det nce of a project's annual GHG
emissions; or,
* Efficiency-Based Threshold: Assesses th impacts of a projec n emissions per capita
basis.
For most projects the Brlght-Line Threshold of 1,150 COZlyear (Mi COZe/yr) will be the
most appl~cable threshold. In addit~on to the res~den hreshold optlons proposed above,
a brfght-l~ne numer~cal value threshold of 10,000 MT CO2e/yr was adopted for stationary source
(industrial) projects.
It should be noted that projects that generate less above mentioned thresholds will also
partictpate in em~ssion reductions because alr emissions, lnclud~ng GHGs, are under the purview of the
Californ~a Air Resources Board (or other regulatory agencies) and will be "regulated" either by CARB,
the Federal Government, or other entities. For example, new vehfcles will be subject to increased
fuel economy standards and emission reductions, large and small appliances will be subject to more
strlct emissions standards, and energy delivered to consumers will increasingly come from
renewable sources. Other programs that are Intended to reduce the overall GHG emiss~ons include Low
Carbon Fuel Standards, Renewable Portfol~o standards and the Clean Car standards. As a result, even
the em~sslons that result from projects that produce fewer emiss~ons than the threshold will be subject
to emlsslon reductions.
Under CEQA, an individual project's GHG emissions will generally not result in direct significant impacts.
This is because the climate change issue is global in nature. However, an individual project could be
found to contribute to a potentially significant cumulative impact. Projects that have GHG emissions
above the noted thresholds may be considered cumulatively considerable and require mitigation.
The Air Pollution Control Board (APCD) has established mitigation measures to reduce project-level GHG
emissions. Implementation of the following mitigation measure will reduce this impact to a less than
significant level. Less than significant with mitigation
MM VII-1: All construction plans shall reflect the following GHG-reducing measures where
applicable. Prior to issuance of building permits, the project sponsor shall submit impact
reduction calculations based on these measures to the APCD for review and approval,
incorporating the following measures:
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised iuly 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
a Incorporate outdoor electrical outlets to encourage the use of electric appliances and
tools.
e Provide shade tree planting in parking lots to reduce evaporative emissions from parked
vehicles. Design should provide 50% tree coverage within 10 years of construction using
low ROG emitting, low maintenance native drought resistant trees. . No residential wood burning appliances. . Provide employee lockers and showers. One shower and 5 lockers for every 25
employees are recommended.
e Trusses for south-facing portions of roofs shall be designed to handle dead weight loads
of standard solar-heated water and photovoltaic panels. Roof design shall include
sufficient south-facing roof surface, based on structures size and use, to accommodate
adequate solar panels. For south facing roof pitches, the closest standard roof pitch to
the ideal average solar exposure shall be used. . Increase the building energy rating by 20% above Title 24 requirements. Measures used
to reach the 20% rating cannot be double counted. . Plant drought tolerant, native shade trees along southern exposures of buildings to
reduce energy used . Utilize green buildin resource efficient, recycled, and
sustainable) availabl . Install high efficiency . Design building to i t to block the high summer
sun, but not the lower wi facing windows (passive solar . Utilize high efficiency gas or s
e Utilize built-in energy efficient ap
the EPAfDOE Energy Star"
rating to reduce summer cooling needs. . Eliminate high water consumption landscape (e.g., plants and lawns) in residential
design. Use native plants that do not require watering and are low ROG emitting. . Provide on-site bicycle parking both short term (racks) and long term (lockers, or a
locked room with standard racks and access limited to bicyclist only) to meet peak
season maximum demand. One bike rack space per 10 vehicle/employee space is
recommended.
* Require the installation of electrical hooltups at loading docks and the connection of
trucks equipped with electrical hooltups to eliminate the need to operate diesel-
powered TRUs at the loading docks. . Provide storage space in garage for bicycle and bicycle trailers, or covered raclts /
lockers to service the residential units.
References: 10,11, B
Page 25 of 49
iNlTlAL STUDY MliIGAiEO NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
VIII Hazards and Hazardous Materials
Environmental Setting
The project site is not known to contain hazards or hazardous materials, nor are these located in the
immediate vicinity of the project site.
Less Than Potentially Significant Significant with Impact Mitigation
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upse
and/or accident conditions involv
hazardous materials, substances, or waste in
environment?
c) Emit hazardous emissions or handle hazard
acutely hazardous materials, substances, or wa
within one-quarter mile of an exist
school?
d) Be located on a site which is includ
hazardous materials sites, com
Government Code 565962.5, and,
significant hazard to the public or env
e) Be located within an airport land u
such a plan has not been adopted, within two
a public airport or public use airport
project result in a safety hazard for
working in the project area?
f) Be located in the vicinity of a pri
would the project result in a safety hazard for people [?
residing or working in the project area?
g) Impair implementation of or physically interfere
with an adopted emergency response plan or
emergency evacuation plan?
h) Expose people or structures to a significant risk of
loss, injury, or death from wildland fires, including
areas where wildlands are adjacent to urbanized areas
or where residences are intermixed with wildlands?
Discussion
a, c- h: No impacts.
Less Than
Significant No Impact
Impact
b: The potential for naturally occurring asbestos (NOA) is addressed in Section Ill Air Quality
References: 16,22
INiTiAL STUDY MITIGATED NEGATIVE DECLARATiON November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
IX Hydrology and Water Quality
Environmental Setting
The project site is located within the incorporated City Limits of Arroyo Grande. The City provides water
service, which consists of water from groundwater and Lopez Lake. The site itself is undeveloped, which
results in a minimal amount of stormwater runoff; however, the adjacent Poplar Ponding Basin was
designed and constructed to accommodate the increased stormwater runoff the proposed project
would generate. The project site is not located within a flood zone.
Would the project:
Less Than Potentially S~gnificant Significant with lmpact Mitigation
a) Violate any water quality standards or waste
discharge requirements?
b) Substantially deplete groundwater supplies or
interfere substantially with groundwater recharge,
such that there would be a net deficit in aquifer
volume or a lowering of the local groundwater ta
level (e.g., the production rate of pre-existing near
wells would drop to a level that would not support
existing land uses or planned uses f& which permits
have been granted)?
c) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, in a manner which would
result in substantial on- or off-site erosion or siltation?
d) Substantially alter the existing drainage pattern of
the site or area, including through alteration of the
course of a stream or river, or substantially increase
the rate or amount of surface runoff in a manner
which would result in on- or off-site flooding?
e) Create or contribute runoff water which would
exceed the capacity of existing or planned stormwater
drainage systems or provide substantial additional El
sources of polluted runoff?
f) Substantially degrade water quality? 0 w
g) Place housing within a 100-year flood hazard area,
as mapped on a federal Flood Hazard Boundary or
Flood Insurance Rate Map, or other flood hazard
delineation map?
h) Place structures that would impede or redirect flood
flows within a 100-year flood hazard area? El El
i) Expose people or structures to a significant risk of
loss, injury, or death from flooding, including flooding El
resulting from the failure of a levee or dam?
j) Result in inundation by seiche, tsunami, or mudflow? •
Less Than
Significant No lmpact
lmpact
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Discussion
a, c-e: The project is required to comply with the City's Post Construction Stormwater Requirements,
which require the site to retain the 95th percentile of a 24 hour storm event for projects adding more
than 15,000 square-feet of impervious surfaces. As part of the Berry Gardens Specific Plan (BGSP) area,
the project site will direct the remaining 5th percentile of a 24 hour storm event to the Poplar Ponding
Basin, which is an infiltration basin located directly across South Courtland Street from the project site.
The basin was designed and built to accommodate all additional runoff generated by development of
the project site and will have adequate capacity to accommodate the additional runoff. Less than
significant impact
b: The proposed project is not anticipated to deplete groundwater supplies or interfere with
groundwater recharge since the project will comply with the City's Post Construction Stormwater
Requirements. Discussion of water supply is covered in Section XVll Utilities and Service Systems.
than significant impact
f: The State Water Quality Control Board requires munic~palities, vla the Nat~onal Pollutant Discharge
Elimination System (NPDES) Permlt, to minimize negative impacts on aquatic ecosystems and
degradation of water quality to the maximum extent pract~cable. Permittees must implement Best
Management Practices (BMPs) that reduce pollutants in storm water runoff to the technology-based
standard of Maximum Extent Pract~cable (MEP) to protect water quallty. The goals of post-construction
BMPs are to prevent and control erosion and sedimentation, provide source control of potential
pollutants, control and treat runoff, and protect wetlands and water quality resources. Post-
construction BMPs are required to achieve stormwater quality standards through site-planning
measures. Vegetative swales or other biofilters are recommended as the preferred cho~ce for post-
construction BMPs for all projects with suitable landscape areas, because these measures are relatively
economical and require l~mited maintenance. For projects where landscape based treatment is
impracticable, or insufficient to meet required design crrterla, other post-construct~on BMPs should be
incorporated. All post-construct~on BMPs must be maintained to operate effectively. Implementation
of the BMPs listed below w~ll reduce the potential impacts to water quality to a less than signtficant
level.
MM IX-1: The following BMPs shall be incorporated into the project:
a Roof Downspout System. Dlrect roof drains to pervlous areas to allow infiltrat~on prior
to discharging to water bodies orthe munic~pal storm drain system. . Run-off Control. Maintain post-development peak runoff rate and average volume of
runoff at levels that are similar to pre-development levels.
e Labeline and Maintenance of Storm Drain Facilities. Label new storm drain inlets with
"No Dumping - Drains to Ocean" to alert the public to the destination of stormwater
and to prevent direct discharge of pollutants into the storm drain.
e Vehicle/Equipment Cleaning. Commercial/industriaI facilities or multi-family residential
developments of 50 units or greater should either provide a covered, bermed area for
washing activities or discourage vehiclefequipment washing by removing hose bibs and
installing signs prohibiting such uses. Vehicle/equipment washing areas shall be paved
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTIM 14-001
designed to prevent run-on or run off from the area, and plumbed to drain to the
sanitary sewer. . Car Washing. Commercial car wash facilities shall be designed and operated such that
no runoff from the facility is discharged to the storm drain system. Wastewater from the
facility shall discharge to the sanitary sewer or wastewater reclamation system. . Common Area Litter Control. Implement trash management and litter control for
commercial and industrial projects or large-scale residential developments to prevent
litter and debris from being carried to water bodies or the storm drain system. . Food Service Facilities. Design food service cluding restaurants and grocery
stores) to have a sink or other a ats, containers, and equipment8
that is connected to a grease harging to the sanitary sewer
system. The cleaning area should the largest mat or piece of
equipment to be cleaned. . Refuse Areas. Trash compactors, enclosures and dumpster areas shall be covered and
protected from roof and surface drainage. Install a self-contamed drainage system that
discharges to the sa r ~f water cannot be diverted from the areas. . Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chem~cals stored
outdoors shall be in containers and protected from drainage by secondary containment
structures such as berms, liners, vaults or roof covers and/or drain to the sanitary sewer
system. Bulk mater~als stored outdoors shall also be protected from drainage w~th
berms and covers Process equipment stored outdoors shall be inspected for proper
function and leaks, stored on lm~ermeable surfaces and covered. lmalement a regular -
r control and develop a spill cleanup plan for storage
Cleaning, Matntenance and Processing Controls. Areas used for washing, steam
clean~ng, maintenance, repair or processing shall have impermeable surfaces and
lnment berms, roof covers, recycled water wash fac~lity, and discharge to the
ry sewer. Discharges to the sanitary sewer may requlre pretreatment systems
approval of an ~ndustr~al waste d~scharge permlt.
e Loading Dock Controls. Design loading docks to be covered, surrounded by berms or
curbs, or constructed to prevent drainage onto or from the area. Position roof
downspouts to direct stormwater away from the loading area. Water from loading
dock areas shall be drained to the sanitary sewer, or diverted and collected for ultimate
discharge to the sanitary sewer. Door skirts between the trailers and the building shall
be installed to prevent exposure of loading activities to rain. . StreetIParking Lot Sweeping Implement a program to regularly sweep streets,
sidewalks and parking lots to prevent the accumulation of litter and debris. Debris
resulting from pressure washing should be trapped and collected to prevent entry into
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
the storm drain system. Wash water containing any cleaning agent or degreaser shall
be collected and discharged to the sanitary sewer.
g-j: No impacts
References: 6, 7,15
X. Land Use and Planning
Environmental Setting
The project site is designated as Mixed-Use Specific Plan (MU-SP) in the City's Land Use Element and
zoned Gateway Mixed-Use Specific Plan (GMU-SP). The proposed type and scale of development will be
consistent with both the MU-SP land use category and GMU-SP zoning district with the adoption of the
General Plan Amendment and Specific Plan Amendment. ,<
Significant No Impact
Would the project:
a) Physically divide an established community?
b) Conflict with the applicable land
regulation of any agency with ju
project (including, but not limited to,
specific plan, local coastal pr
ordinance) adopted for the purpose of avoiding
mitigating an environmental effect?
c) Conflict with any applicable habitat conse
plan or natural community conservation plan? €3
he General Plan and Berry Gardens Specific Plan
s~stent with all appl~cable land use plans,
policies, and regulations. Less than sinnificant impact
Page 30 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
XI. Mineral Resources
Environmental Setting
The project site does not contain any known mineral resources.
Less Than
Significant No lmpact
lmpact Would the project:
a) Result in the loss of availability of a known mineral
resource that is or would be of value to the region and €3
the residents of the state?
b) Result in the loss of availability of a locally
important mineral resource recovery site delineated
on a local general plan, specific plan, or other land use I? €3
plan?
Discussion
a-b: No impacts.
References: 5
XII. Noise
Environmental Se
The project site is su and west, and residential uses to
the south. The pro southern portion of the project ~.
sidential condominiums on the northern portion of the
Potentially Less Than Less Than Significant Significant Significant No impact with Impact Impact Mitigation
of standards established in a local general plan or
noise ordinance, or in other applicable local, state, or 0; €3 I?
federal standards?
b) Generate or expose people to excessive
groundborne vibrations or groundborne noise levels? I? 0; €3 I?
c) Create a substantial permanent increase in ambient
noise levels in the vicinity of the project (above levels C/ KI
without the project)?
d) Create a substantial temporary or periodic increase
in ambient noise levels in the vicinity of the project, in C/ 0; €3 I?
excess of noise levels existing without the project?
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
e) Be located within an airport land use plan or, where
such a plan has not been adopted, within two miles of
a public airport or public use airport? If so, would the I? I? !XI
project expose people residing or working in the
project area to excessive noise levels?
f) Be in the vicinity of a private airstrip? If so, would
the project expose people residing or working in the 17 !XI
project area to excessive noise levels?
Discussion
a: Residential uses are considered to be noise sensitive, and any store loading dock will expose both
existing and proposed residential uses to elevated noise levels. An acoustic report was prepared by
David Dubbink Associates (2010) to analyze acoustical issues related to a previous project on the site.
The report concludes that without mitigation, the previously proposed project will exceed City standards
for noise exposure to residential uses. The current project proposal includes significantly reduced
commercial intensity and it is reasonable to conclude that implementation of recommended mitigation
measures from the previous study will reduce this impact to a less than significant level. Less than
significant with mitigation
MM XII-1: All store deliveries shall be restrtcted to between the hours of 7:00 AM to 10:OO PM,
and the current parking limctationson either scde of South Courtland Street shall be maintained.
MM Xll-2: Any rescdential structures that would have a direct line of sight to store delivery
areas shall include acoustical treatment to red terlor noise levels by thtrty (30) decibels,
the cost of which shall be borne by the d
MM Xll-3: Delivery truck drivers shall b ff diesel engines when trucks are
parked or being unloaded.
b & d: Construction of the rate temporary groundborne vibrat~ons and
increase ambient noise levels; however, the d es of construction activities shall be limited per
City standards. Therefore, t anticipated to exceed the City's thresholds for
noise. Less than significant impact
c. Operat~on of the proposed project will create a permanent increase in ambient noise levels; however,
this permanent Increase 1s not anticipated to exceed the City's thresholds for noise in Munic~pal Code
Chapter 9.16. Less than significant impact
e-f: No impacts.
References: 1, 2, 3, 15, 21
XIIII. Population and Housing
Environmental Setting
The project site is vacant. The parcel to the south of the project site had been identified in the City's
Housing Element as an 'opportunity site' to provide additional housing to the City's housing stock and
has been constructed with a 36-unit affordable multi-family apartment complex.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Would the project:
Less Than Potentialiy Less Than Significant Significant Significant No Impact with impact Impact Mitieation ~ ~ "
a) Induce substantial population growth in an area,
either directly (for example, by proposing new homes
and businesses) or indirectly (for example, through ix
extension of roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing • Cili
elsewhere?
c) Displace substantial numbers of people,
necessitating the construction of replacement housing I? 0 Cili
elsewhere?
Discussion
a: The proposed project is anticipated to house tely 100 persons. The proposed density and
anticipated population growth are consistent e City's General Plan (Land Use and Housing
Elements) and the residential type will be consi the City's General Plan and the BGSP due to
amendments to these documents being propose iption. Less than significant
impact
b-c: No impacts.
References: 1,4,15
XIV. Public Servic
Environmental Setting
ovided by the City of Arroyo Grande and the Lucia Mar
Less Than Potentially Less Than Significant Significant Significant No Impact with
Would the project: Impact Impact Mitigation
a) Result in significant environmental impacts from
construction associated with the provision of new or
physically altered governmental facilities, or the need
for new or physically alteied governmental facilities, to 0 Cili 0
maintain acceptable service ratios, response times, or
other performance objectives for any of the public
services:
Fire protection? El
Police protection: €%I
Schools? !a 0
Parks?
Other public facilities?
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VITM 14-001
Discussion
a: The construction of thirtv-eight (38) single-family residences is expected to add approximately
twentv-seven (27) school-aged children to the Lucia Mar Unified School District based on a student yield
factor of 0.7. As allowed by State Law, the Lucia Mar Unified School District has a development impact
fee established by the school district for new residential and commercial construction to finance any
new classrooms. Less than significant with mitigation
MM XIV-1: The applicant shall pay the mandated Lucia Mar Unified School District impact fee,
References: 5,15, A
XV. Recreation
Environmental Setting
The project slte is located less than one half mile (cons~dered to be a comfortable walk~ng distance) to
both a small neighborhood park and the Soto Sports Complex. The residentla1 component of the project
will also include a centrally located neighborhood open space.
Would the project:
Less Than Potentially Less Than S~gn~ficant Slgnlflcant w,th Slgnlflcant No impact
Impact impact Mltlgatlon
a) Increase the use of existing neighborhood
regional parks or other recreational facilities, suc
substantial physical d C4
occur or be accelerat
b) Include recreatio
construction or expansion of recreational facilities that
might have an adverse physical effect on the C4 0
ighborhood and regional parks; however, the
would not cause substantial deterioration of the facilities based on the anticipated
b: The proposed project would create a central neighborhood open space area similar to a pocket park.
Due to the limited size, it is not anticipated that the neighborhood open space would have a significant
impact on the environment, and could even be viewed as having a beneficial result when compared to
the existing vacant propert'y. Less than significant impact
References: 5,15
XVI. Transportation/Traffic
Environmental Setting
The project site is located at the southwest corner of East Grand Avenue and Courtland Street, which is
a signallzed intersect~on and approx--a&4 Park Boulevard,
which is also a signalized intersection.
Page 34 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Based upon the updated project description of 5,000 square-feet of additional commercial space in
Subarea 3a and change in number of residential dwellings to thirtv-eight (38) Subarea 3b, the traffic
study prepared by Omni-Means in 2014 was updated and finalized. While changes were made to trip
distribution and peak hour trips as a result of the modified proiect description, overall impacts were the
same as those identified in the previously circulated Mitigated Negative Declarat~on and proposed
mitigation measures did not change.
Would the project:
Less Than Potentially Slgnif8cant Signif~cant with
Impact Mitigation .
a) Cause a substantial increase in traffic, in relation to
existing traffic and the capacity of the street system
(i.e., a substantial increase in either the number LXi
vehicle trips, the volume to capacity ratio on road
congestion at intersections)?
b) Exceed, individually or cumu
service standards established by the
management agency for design €3
highways?
c) Cause a change in air traffic
either an increase in traffic levels or a c 17
location, that results in substantial
d) Contain a design feature (e.g., sharp curves or a
dangerous intersection) or inco
farm equipment) thet would substantially incr I?
hazards?
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity? •
g) Conflict with adopted, policies, plans, or programs
suppoding alternative . transportation (e.g., bus 17
turnouts, bicycle racks)?
LessThan
Significant No impact
Impact
Discussion
a-b: The traffic study prepared by Omni-Means (m), evaluated the operation of seven (7)
intersections in the vicinity of the project. Existing AM and PM peak-hour traffic volumes were collected
by Omni-Means specifically for this study. The existing AM and PM peak-hour intersection levels of
service and delays current$ operate within acceptable limits (LOS C or better). The analysis includes
signalized intersections in the City of Grover Beach.
The study utilized the trip generation rate data derived from the Institute of Transportation Engineers
(ITE) Generation Manuol gth ~dition, consistent with the City's Draft Traffic Impact Study Guidelines.
Applying the ITE trip generation rates to the project land uses, the project is anticipated to generate
new AM peak hour trips and 121 new PM peak hour trips.
To evaluate the potential project impacts, the project traffic volumes were distributed to the study area
intersections and the intersection levels of service were recalculated. Based on this analysis, the traffic
study showed that the addition of project traffic did not significantly change the existing intersection
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Rev~sed July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
levels of service and does not result in a significant increase in peak-hour delays. No project specific
significant impacts were identified for the existing plus project analysis conditions.
A cumulative analysis was conducted for this project to determine the potential future impacts that the
project may have when other approved and pending projects are assumed to be constructed. The
traffic study utilized a list of approved and pending projects and formed the baseline for the cumulative
traffic analysis. The cumulative AM and PM peak-hour intersection levels of service were calculated
and all of the study area and two intersections were projected to operate at unacceptable LOS D in the
PM peak hour, including the Two Way Stop Control intersection of Brisco Road and East Grand Avenue
and the signalized intersection of Oak Park Boulevard and El Camino Real.
The traffic study showed that the project traffic, when added to the cumulative traffic volumes,
continues to operate the two deficient intersections at unacceptable levels. The traffic study identified
mitigation measures, including striping and signal phasing, which would reduce these impacts to less
than significant. Less than significant with mitigation
MM XVI-1: For the intersection of Brisco Road and East Grand Avenue, the applicant shall
restripe the westbound approach to include a dedicated westbound right turn lane, wh~ch will
require two 11' travel lanes and a 10' turn lane.
MM XVI-2: For the intersection of Oak Park Boule amino Real, the applicant shall:
e Restripe the westbound left turn lane as a shared left/through lane;
e Restripe the westbound shared through-right lane to a dedicated right turn lane; . Provide overlap phasing for the westbound right turn movement; and . Provide overlap phasing for the eastbound right turn movement.
e plan for site access alternatives from East Grand
ourtland Street. Opt s two dr~veways on East Grand Avenue: a right turn
ly one-way egress west of the ingress. Option "B"
would allow both ingress and egress and would be restricted to right turns only. Under either Option,
two full-access driveways would be prov~ded off South Courtland Street; one serving Subarea 3a and
one serving Subarea 3b There would be no vehtcular access between Subarea 3a and Subarea 3b
The traffic study indicated that either site access option would be acceptable from an intersection
operations standpoint, but that drivers may be confused under Option "A" once onsite, as they would
not be able to leave the site via the entrance they entered. However, this potential confusion is not a
significant impact that would substantially increase hazards and onsite pavement treatments and
signage is anticipated to address this impact. Less than significant impact
e: Complete emergency access for Subarea 3a and Subarea 3b is provided. The proposed project
includes emergency access between Subarea 3b and adjacent Subarea 4 (Peoples' Self Help Housing
project). Changing the existing emergency access for Subarea 4 from a prepared hammerhead
turnaround on an undeveloped site to a through access through Subarea 3b will impact the existing
operation but the complete access to South Courtland Street will not be a significant change. Less than
significant impact
Page 36 of 49
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, &VTTM 14-001
f: Parking requirements by land use are identified in Municipal Code Section 16.56.060. The proposed
development requires fifty-two (52) spaces in Subarea 3a and 103 spaces on Subarea 3b, including
twenty-one (21) guest parking spaces. Subarea 3a is proposed to include sixty-one (61) spaces to meet
the requirement. Subarea 3b contains 102 parking spaces, with eighty-two (82) of those spaces in
enclosed, two-car garages and twenty (20) open guest parking spaces. The proposed Specific Plan
Amendment includes the request for a guest parking reduction on Subarea 3b of one (1) space, which
translates into a 1% parking reduction. Municipal Code Section 16.56.050.1 allows for a discretionary
parking reduction up to 20%. Due to the request being well below the amount allowed, the requested
parking reduction is not anticipated to be a significant impact. Less than sisnificant impact
g: No impacts.
References: 1, 13, 15, 25, A, C
XVII. Utilities and Service Systems
Environmental Setting
The project site is located within the incorporated o Grande. Utilities will be served
by both the City and other regional e
Would the project:
a) Exceed wastewater treatment restrlctlons
standards of the appl~cable Regional Wat
Control Board?
Less Than
Significant
lmaact
No Impact
b) Require or result in the construction of new water
or wastewater treatment facilities or ex
existing facilities?
Would; the construction of these facilities cause
significant environmental effects?
c) Require or result in the construction of new storm
water drainage facilities or expansion of existing
facilities?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources or
are new or expanded entitlements needed?
e) Result in a determination, by the wastewater
treatment provider that serves or may serve the
project, that it has adequate capacity to service the
project's anticipated demand, in addition to the
providet's existing commitments?
f) Be served by a landfill with sufficient permitted
capacity to accommodate the project's solid waste
disposal needs?
g) Comply with federal, state, and local statutes and
regulations as they relate to solid waste?
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Discussion
a & e: Wastewater generated by the proposed project will be treated by the South County Sanitation
District, which has adequate capacity to accommodate the increase. Less than significant impact
b: The BGSP area is served by Sewer Lift Station No. 7, which was sized and constructed in anticipation
of full commercial construction on the project site. Due to the proposed inclusion of single-family
residential housing in place of full commercial development, the project will be required to evaluate
station's capacity compared to the proposed project and increase capacity of the lift station if necessary.
Inclusion of these requirements in the project description will not result in a significant impact to
wastewater facilities or equipment. Less than significant impact
c: The Poplar Ponding Basin, which is adjacent to the project site, was designed and constructed to
accommodate the additional stormwater discharge from development of the project site as part of the
original approval of the Berry Gardens Specific Plan (BGSP) The development of affordable multi-family
apartments on Subarea 4 of the BGSP area resulted in some modifications to the sources of stormwater
entering the Basin, but these modifications were implemented on a one-to-one ratio. Therefore, it is
anticipated that the Basin will continue to haveadequate capacity for the proposed project. Less than
sinnificant impact
d: The 2012 Water System Master Plan provides water demand factors based on land use. The project
site is located in the Mixed-Use Land Use categoty, which has a demand factor of 1,788 gallons per day
per acre (gpdlacre). The project site is 4 47 acres, which results in water demand of 7,992.36 gpd. This
amount of demand is covered by existtng resources in the projected build-out population of 20,000
residents. Subarea 3b contains small-lot, single-family residences at a higher density than the Single-
Family Medium Density (MD). Therefore, using the corresponding water demand factor would provide a
conservative water demand. The water demand factor for Single-Family Medium Density Land Use
Category is 1,672 gpdlacre, which totals 5,551.04 gpd of water demand for the 3.32 acres of res~dential
development on Subarea 3b. The remaining 1.15 acres of mixed-use development on Subarea 3a would
result in a water demand of 2,056.2 gpd. The two Subareas combined would have a water demand of
7,607.24 gpd, less than that antictpated underthe General Plan build out scenario Additionally, all new
development in the City is required to either Implement a water neutralization program or pay a water
neutralization fee to offset increased water demand generated by the development. Therefore, there
are sufficient water supplies available to serve the project, even in light of current drought conditions.
Less than sinnif~cant impact
The revised proiect description, including expansion of land area proposed for mixed-use development
to 1.34 acres and reduction of land area proposed for residential use changes the water demand for the
4.47 acre site. Utilizing the same water demand factors outlined above, the proiect is anticipated to
have the following water demand:
Based upon the water demand factors for the revised project description, the anticipated water demand
is increased from 7,607.24 npd to 7,629.28 gpd. However, this increase remains below the 7,992.36 npd
Use -
Mixed-Use
SFMD Residential
Total
Water Demand Factor
L788 gpdlacre -
Area
1.34 acres
3.13 acres
4.47 acres
Total
2.395.92 gpd
1,672 npdlacre
~~~~wse~K~~.~~~ex~k~~g~~ 7,629.28 gpd
:L*"$$#$*7>~~<&:-~~*>&q7gq;$$;~~~
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTIM 14-001
water demand anticipated under the General Plan build out scenario. Therefore, the proiect will
continue to have a less than significant impact on water supplies.
f-g: The proposed project will be served by the Cold Canyon Landfill, which has adequate permitted
capacity to serve the project. Less than significant impact
References: 1, 3, 6, 8, 15, 19
Mandatory Findings of Significance
Would the oroiect.
Less Than Potentrally Less Than Significant Slgnzfsant S~gnificant No Impact w~th Impact Impact Mitieat~on . .
a) Substantially degrade the quality of the
environment, substantially reduce the habitat ofa fish
or wildlife species; cause a fish or wildlife
to drop below self-sustaining levels; threaten
eliminate a plant or animal community; substantial
reduce the number or restrict the ra
endangered, rare or threatened species;
examples of the major periods of California
prehistory?
b) Have the potential td achieve
environmental goals to the disadvantage of lo H
environmental goals?:'
c) Have possible environmental effects that
individually limited but cumulatively considerable?
"Cumulatively considerable" means that the
incremental effects of an individual project are El
significant when viewed'in connection with the effects'
of past projects, the effects of other current projects,
and the effects of possible future projects.
d) Cause substantial adverse effects on human beings,
either directly or indirectly?
Discussion
a: Although undeveloped, the project site does not contain any significant flora or fauna, and because it
is surrounded by urban development, the site does not have any potential to serve as a wildlife corridor.
Isolated prehistoric materials may be present on the project site; however, the site does not serve as an
example of a major period of California history or prehistory.
b: There are no short-term environmental goals, either in the project description or the identified
mitigation measures, that will be achieved to the disadvantage of long-term environmental goals.
c: The proposed project is consistent with the City's General Plan as it relates to future growth, both in
general terms and specifically as it relates to the project site. While the proposed project will
cumulatively increase traffic and demand for public services and utilities, with implementation of the
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
proposed mitigation measures, it will not result in any cumulatively considerable environmental
impacts.
d: With implementation of the proposed mitigation measures, the proposed project will not cause
substantial adverse effects on human beings, either directly or indirectly.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Summary of Mitigation Measures
MM 111-1: On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California
Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles
with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on
highways. It applies to California and non-California based vehicles. In general the regulation
specifies that drivers of said vehicles:
* Shall not idle the vehicle's primary diesel engine for greater than 5 minutes at any
location.
e Shall not operate a diesel-fueled auxiliaty power system (APS) to power a heater, air
conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a
sleeper berth for greater that 5 minutes,at any location when within 1,000 feet of a ,>
restricted area.
MM 111-2: Off-road diesel equipment shall comply with the 5 minute idling restriction identified
in Section 2449(d)(2) of the California ~i&~esources Board's In-Use Off-Road Diesel regulation.
MM 111-3: Slgns must be post eas and job sites to remind drivers
and operators of the State's 5
MM 111-4: The project applicant shall comply wlth these more restrictwe requirements to
mtnimlze impacts to nearby sensitive receptors (adjacent residential development):
s shall not be loc 1,000 feet of sensit~ve receptors;
shall not be perm~tted;
of alternat~ve fueled equipment is recommended; and
that specify no idling areas must be posted and enforced at the slte.
lement the following mitigation measures to manage fugitive
dust em~ssions such that they do not exceed the APCD's 20% opacity limit (APCD Rule 401) or
prompt nulsance violations (APCD Rule 402):
* Reduce the amount of the disturbed area where possible;
Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site and from exceeding the APCD's limit of 20% opacity for greater
than 3 minutes in any 60 minute period. Increased watering frequency would be
required when wind speeds exceed 15 mph. Reclaimed (non-potable) water should be
used whenever possible;
All dirt stock pile areas should be sprayed daily and covered with tarps or other dust
barriers as needed;
Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible, following completion of any
soil disturbing activities;
* Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be shown with a fast germinating, non-invasive, grass seed
and watered until vegetation is established;
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
All disturbed soil areas not subject to revegetation should be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD;
All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading
unless seeding or soil binders are used;
0 Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site;
All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23'114;
Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site;
Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads. Water sweepers shall be used with reclaimed water should be used where
feasible. Roads shall be pre-wetted prior to sweeping when feasible;
* A listing of all required mitigati ures should be included on grading and building
plans; and,
* The contractor or builder shall te a person or persons to monitor the fugitive
dust emissions and enhance the implementation of the measures as necessary to
minimize dust complaints, reduce visible emissions below the APCD's limit of 20%
opacity for greater than 3 minutes in any 60 minute period. Their duties shall include
holidays and weekend periods when work may not be in progress. The name and
uch persons shall be provided to the APCD Compliance Division
grading, earthwork or demolition.
the project, the applicant shall obtain all necessary permits for
equipment to be used during construction by contacting the APCD Engineering Division at (805)
project sponsor shall ensure that a geologic
occurring asbestos (NOA) is present within the
area that will be disturbed. If NOA is not present, an exemption request must be flled w~th the
APCD If NOA is found at the site, the applicant must comply with all requtrements outlined in
the Air Resource Board (ARB) Air Toxics Control Measure (ATCM) for Construction, Grading,
Quarrying and Surface Mlning Operations.
MM 111-8: Burning of vegetative materlal on the development site shall be prohib~ted
MM 111-9: Should hydrocarbon-contaminated soil be encountered during construction activities,
the APCD shall be notified within forty-eight (48) hours of such contaminated soil being
discovered to determine if an APCD permit is required. In addition, the following measures shall
be implemented immediately after contaminated soil is discovered:
e Covers on storage piles shall be maintained in place at all times in areas not actively
involved in soil addition or removal.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
* Contaminated soil shall be covered with at least six (6) inches of packed,
uncontaminated soil or other TPH - non-permeable barrier such as plastic tarp. No
headspace shall be allowed where vapors could accumulate.
e Covered piles shall be designed in such a way as to eliminate erosion due to wind or
water. No openings in the covers are permitted.
During soil excavation, odors shall not be evident to such a degree as to cause a public
nuisance.
Clean soil must be segregated from contaminated soil.
MM 111-10: Operation of any commercial building with a loading area shall include the
establishment of a 'no idle' zone for diesel-powered delivery vehicles. Vehicle idling shall be
minimized to the maximum extent feasible using the following techniques:
e Each delivery vehicle's engine shall be shtt off immediately after arrival in the loading
dock or loading area, unless the vehicle is actively maneuvering.
The scheduling of deliveries shall be staggered to the maximum extent feasible.
* Vehicle operators shall be made' dle' zone, including notification by
letter to all delivery companies.
* Prominently lettered signs shall be pos ceiving dock area to remind drivers
to shut off their engines.
* Diesel idling within 1,000 feet of s
Use of alternative-fueled vehicles is recommended whenever oossible.
,000 feet of sensitwe receptors.
c Works Dept., Building D~vislon,
nce of Grading Permit and during construction
stockpiled) soil will be disturbed by construction
II first be inspected by a qualified archeologist to
determine if any cultural res are present. Prior to construction activities and if cultural
resources are present, a phase two archeological study shall be conducted by a qualified
archeologist and further mitigation measures identified and implemented.
Responsible Party: Developer
Monitoring Agency: C~ty of Arroyo Grande - Eng~neer~ng D~vision; Publ~c Works
Department
Timing: Pr~or to issuance of a grading permit
MM V-2: If a potentially significant cultural resource is encountered during subsurface
earthwork activities, all construction activities within a 100-foot radius of the find shall cease
until a qualified archaeologist determines whether the uncovered resource requires further
study. A standard inadvertent discovery clause shall be included in every grading and
construction contract to inform contractors of this requirement. Any previously undiscovered
resources found during construction shall be recorded on appropriate California Department of
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised Juiy 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Parks and Recreation (DPR) forms and evaluated for significance in terms of California
Environmental Quality Act criteria by a qualified archaeologist. Potentially significant cultural
resources consist of, but are not limited to, stone, bone, glass, ceramic, wood, or shell artifacts;
fossils; or features including hearths, structural remains, or historic dumpsites. If the resource is
determined significant under CEQA, the qualified archaeologist shall prepare and implement a
research design and archaeological data recovery plan that will capture those categories of data
for which the site is significant. The archaeologist shall also perform appropriate technical
analysis, prepare a comprehensive report, and file it with the appropriate Information Center
and provide for the permanent curation of the recovered materials.
MM V-3: If human remains are encountered during earth-disturbing activities, all work in the
adjacent area shall stop immediately and the San Luis Obispo County Coroner's office shall be
notified immediately. If the remains are determined lo be Native American in origin, the Native
American Heritage Commission shall be notified and will identify the Most Likely Descendent,
who will be consulted for recommendations for treatment of the discovered remains.
Responsible Party: Develop
Monitoring Agency: C~ty of gineerlng Division; Publ~c Works
Department
Timing: Pr~or to issuance ading permit and during grading
activities
MM VI-1: Prior to grading permit issuance, the project proponent shall submit a revlsed
geotechnical study or addendum to the original study that elther states that all conclusions and
recommendations in the original report are val~d or, if the original conclus~ons and
recommendations are not valid, includes updated conclusions and recommendations where
necessary
MM VI-2: All construction plans shall Incorporate the recommendations of and updated
geotechnical study based on the study prepared for the project by GSI Solls Inc. dated April
2006.
sponsible Party: Developer
nitorlng Age City of Arroyo Grande - Engineering Dlvlslon; Publtc Works
Department
Timing: Prlor to Issuance of a Grading Permit
MM VII-1: All construction plans shall reflect the following GHG-reducing measures where
applicable. Prior to issuance of building permits, the project sponsor shall submit impact
reduction calculations based on these measures to the APCD for review and approval,
incorporating the following measures:
a Incorporate outdoor electrical outlets to encourage the use of electric appliances and
tools. . Provide shade tree planting in parking lots to reduce evaporative emissions from parked
vehicles. Design should provide 50% tree coverage within 10 years of construction using
low ROG emitting, low maintenance native drought resistant trees. . No residential wood burning appliances.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
o Provide employee lockers and showers. One shower and 5 lockers for every 25
employees are recommended. . Trusses for south-facing portions of roofs shall be designed to handle dead weight loads
of standard solar-heated water and photovoltaic panels. Roof design shall include
sufficient south-facing roof surface, based on structures size and use, to accommodate
adequate solar panels. For south facing roof pitches, the closest standard roof pitch to
the ideal average solar exposure shall be used. . Increase the building energy rating by 20% above Title 24 requirements. Measures used
to reach the 20% rating cannot be double counted. . Plant drought tolerant, native
reduce energy used to cool buildings in summer . Utilize green building materials (materials w
sustainable) available locally if possible. . Install high efficiency heating an . Design building to include roof nt to block the high summer
sun, but not the lower winter su
design).
e Utilize high efficiency gas or solar
e Utilize built-in energy efficient app lance . Utilize double-paned windows.
* Utilize low energy street lights (i.e. sodium).
e Utilize energy efficient interior lighting.
a Install energy-reducing programmal;le thermostats. . Use roofing material with a solar reflectance %dues ng the EPAIDOE Energy Starm
ratingto reduce summer cooling needs.
a ~liminate high water consumption landscape (e.g., plants and lawns) in residential
use native plants that do not require watering and are low ROG emitting.
on-site bicycle parking both short term (racks) and long term (lockers, or a
room with standard racks and access limited to bicyclist only) to meet peak
eason maximum demand. One bike rack space per 10 vehicle/employee space is
recommended.
Require the installation of electrical hookups at loading docks and the connection of
trucks equipped with electrical hookups to eliminate the need to operate diesel-
powered TRUs at the loading docks.
e Provide s e in garage for bicycle and bicycle trailers, or covered racks /
lockers to residential units.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Building Division; APCD
Timing: Prior to issuance of a Grading Permit or Building Permit
MM IX-1: The following BMPs shall be incorporated into the project:
e Roof Downspout System. Direct roof drains to pervious areas to allow infiltration prior
to discharging to water bodies or the municipal storm drain system.
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
Run-off Control. Maintain post-development peak runoff rate and average volume of
runoff at levels that are similar to pre-development levels.
Labeling and Maintenance of Storm Drain Facilities. Label new storm drain inlets with
"No Dumping - Drains to Ocean" to alert the public to the destination of stormwater
and to prevent direct discharge of pollutants into the storm drain.
Vehicle/Eauipment Cleaning. Commercial/industriaI facilities or multi-family residential
developments of 50 units or greater should either provide a covered, bermed area for
washing activities or discourage vehicle/equipment washing by removing hose bibs and
installing signs prohibiting such uses. Vehicle/equipment washing areas shall be paved
designed to prevent run-on or run off from the area, and plumbed to drain to the
sanitary sewer.
Car Washing. Commerc~al car wash facilities shall be des~gned and operated such that
no runoff from the facillty 1s discharged to the storm drain system. Wastewater from the
facility shall discharge to the sanitary sewer or wastewater reclamation system.
Common Area Litter Control. Implement trash management and litter control for
commercial and industrtal projects or large-scale res~dential developments to prevent
litter and debr~s from being carried to water bodtes or the storm dram system.
Food Service Facilities. Destgn food servlce facllltles (including restaurants and grocery
stores) to have a stnk or other area for cleaning floor mats, containers, and equlpments
that 18 connected to a grease interceptor prior to discharging to the sanitaty sewer
system. The cleanlng area should be large enough to clean the largest mat or piece of
equipment to be cleaned.
Refuse Areas Trash compactors, enclosures and dumpster areas shotlld be covered and - . .
protected from roof an0 sdrface dra~nage Install a self-contamed dra~nage system that
d~scharges to the sanitary sewer if water cannot be dlverted from the areas
Outdoor Storage Controls. Oils, fuels, solvents, coolants, and other chemicals stored
outdoors must be tn containers and protected from dratnage by secondary containment
structures such as berms, llners, vaults or roof covers and/or drain to the sanltary sewer
system. Bulk matertals stored outdoors must also be protected from drainage wlth
berms and covers. Process equipment stored outdoors must be inspected for proper
funct~on and leaks, stored on tmpermeable surfaces and covered. Implement a regular
program of sweeping and l~tter control and develop a spill cleanup plan for storage
areas
Cleaning, Maintenance and Processing Controls. Areas used for washing, steam
cleaning, maintenance, repair or processing must have impermeable surfaces and
containment berms, roof covers, recycled water wash facility, and discharge to the
sanitary sewer. Discharges to the sanitary sewer may require pretreatment systems
and/or approval of an industrial waste discharge permit.
INITIALSTUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
OA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VITM 14-001
e Loading Dock Controls. Design loading docks to be covered, surrounded by berms or
curbs, or constructed to prevent drainage onto or from the area. Position roof
downspouts to direct stormwater away from the loading area. Water from loading
dock areas shall be drained to the sanitary sewer, or diverted and collected for ultimate
discharge to the sanitary sewer. Door skirts between the trailers and the building
should be installed to prevent exposure of loading activities to rain. . Streetlparlting lot Sweeping: Implement a program to regularly sweep streets, sidewalks
and parking lots to prevent the accumulation of litter and debris. Debris resulting from
pressure washing should be trapped and collected to prevent entry into the storm drain
system. Wash water containing any cleaning or degreaser should be collected
and discharged to the sanitary sewer.
Responsible Party: Developer
Monitoring Agency: City of Arro ineering Division; Building
Timing: ce of a Building Perm
MM XII-1: All store deliver~es shall be restricted to between the hours of 7:00 AM to 10:OO PM,
and the current parklng l~mitatrons on either slde of South Courtland Street shall be maintained.
MM Xll-2: Any residential structures that would have a direct line of sight to store delivery
areas shall include acoustical treatm r noise levels by thirty (30) decibels,
the cost of which
MM Xll-3: Deli n off diesel engines when trucks are
parked or being unloaded.
City of Arroyo Grande - CDD; Engineering Division; Building
to issuance of a Building Permit
MM XIV-1: The applicant shall pay the mandated Lucla Mar Unified School District Impact fee.
Responsible Party: Developer
Monitoring Agency: C~ty of Arroyo Grande -Building Dlvls~on
Timing: Prior to Issuance of a Building Permit
MM XVI-1: For the intersection of Brisco Road and East Grand Avenue, the applicant shall
restripe the westbound approach to include a dedicated westbound right turn lane, which will
recluire two 11' travel lanes and a 10' turn lane.
MM XVI-2: For the intersection of Oak Park Boulevard and El Camino Real, the applicant shall:
e Restripe the westbound left turn lane as a shared leftlthrough lane;
e Restripe the westbound shared through-right lane to a dedicated right turn lane;
c- Provide overlap phasing for the westbound right turn movement; and
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
e Provide overlap phasing for the eastbound right turn movement.
Responsible Party: Developer
Monitoring Agency: City of Arroyo Grande - CDD; Engineering Division; Public Works
Department
Timing: Prior to issuance of a Building Permit
INITIAL STUDY MITIGATED NEGATIVE DECLARATION November 2014 (Revised July 2015)
DA 15-002, GPA 14-002, SPA 14-001, CUP 14-009, & VTTM 14-001
References
Documents &Maps
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande Land Use Map
3. City of Arroyo Grande Municipal Code
4. City of Arroyo Grande Zoning Map
5. Arroyo Grande Existing Settings Report & Draft Arroyo Grande Existing Settings Report (2010)
6. Arroyo Grande Urban Water Management Plan
7. Arroyo Grande Water System Master Plan (2012)
8. Arroyo Grande Wastewater Master Plan (2012)
9. San Luis Obispo Important Farmland ent of Conservation, 2006)
10. CEQA & Climate Change White Paper
11. Air Quality Handbook (SLO APCD, 2012)
12. Arroyo Grande Multi-Jurisdictional Local Mitigation Plan (2012)
13. Arroyo Grande Bicycle &Trails Master P
14. Arroyo Grande Climate Action Plan (201
15. Project Plans
16. Site Inspection
17. Design Guidelines for Mixed
18. East Grand Avenue Enhance
19. Final Berry Gardens Specific Plan -Tract 2260 act Report (FIRMA, 1998)
20. Geotechnical Investigation (
21. Acoustic Report (David Dubbink Associa
22. Phase I Environmental Site Assessment
23. Drainage and Water Quality Report (RRM Design Group, 2015)
24. Diesel PM Screening Health ~isk Agessment (Marine Research Specialists, 2010)
ortatiqn Impact Analysis ~eport (dmni-Means, 2015)
A. Geoff Straw, San Luis Obispo Regional Transit Authority (SLORTA)
B. ~ar; ~rcemont, San Luis Obispo Air Pollution Control Board (SLO APCD)
C. Marty Inouye, Omni-Means, LTD.
EXHIBIT "C"
LU5-10.1 Promote development of a high intensity, mixed-use, pedestrian activity node centered
on the Courtland Street/East Grand Avenue intersection as a priority example of
revitalization of this corridor segment known as Gateway. Witlhin the sr~ecific pian area,
srnali lot sin~le-family detached ho~isinx rnav be allo~ved at imulti-farnilv densities if
ii?:eilraied with and located behind a pi'cmarv, distinctive, and attram -
EXHIBIT "D"
Berry Gardens Specific Plan Amendment - Subareas 3a and 3b
07.15.15
Purpose and Objecti'vrres
The purpose and objectives for Subareas 3a and 3b of the Berry Gardens Specific Plan include the
following:
a. Implement the goals, objectives, and policies of the City of Arroyo Grande's General Plan;
b. Promote high-quality mixed-use commercial/retail development within the City of Arroyo
Grande's Gateway Mixed-Use District;
c. Increase the City of Arroyo Grande's supply of entry-level/workforce housing stock; and
d. Produce a functional, aesthetically pleasing project that will serve as a landmark in the City of
Arroyo Grande's western gateway and complete build-out of the Berry Gardens Specific Plan.
Sasbar asas Defined
Subareas 3a and 3b consists of APN 077-131-052 and APN 077-131-054 (reference Exhibit 3-4.A).
Lared Use Designations ;and" Property Developenent Standards
Subarea 3a - Mixed-Use Ca,rnmercial
Subarea 3a provides for mixed-use commercial/retail and/or office development of approximately 1.24
acres. Unless otherwise specified in this Specific Plan, allowed uses shall be consistent with those allowed
within the Gateway Mixed-Use (GMU) zoning district, subject to the same level of review as required by
Municipal Code Section 16.36.030. All development within Subarea 3a shall conform to the following
standards:
1. Minimum Front Yard Setback (East Grand Ave): Shall be a minimum of 0-5', consistent with the
Design Guidelines and Standards for Mixed-Use Districts. The front yard is that side which is
closest to East Grand Avenue (reference Exhibit 3-4.6).
2. Minimum Street Side Yard Setback (South Courtland Street): Shall be a minimum of 0-5'. The
street yard is that side which is closest to South Courtland Street (reference Exhibit 3-4.6).
3. Minimum interior Side Yard Setback (City Limit Line and Subarea 3b): Shall be a minimum of O-
5'. The interior side yard is that side which is closest to the City Limit Line and Subarea 3b
(reference Exhibit 3-4.8).
4. Minimum Rear Yard Setback (along Subarea 3b): The primary commercial buildings shall be a
minimum of 0-5'. The rear yard is that side which is closest to Subarea 3b (reference Exhibit 3-
4.6).
5. Maximum Lot Coverage: Shall be SO%, inclusive of all enclosed structures.
6. Maximum Floor Area Ratio (FAR): Shall be 1.5, inclusive of total floor area.
7. Maximum Building Height: Shall be 35'. Total height including any architectural features shall not
exceed 40'.
8. Parking: Shall be provided at a minimum ratio of one (1) space for every 250 square-feet of
commercial building area, with one (1) designated parking space required for each residential
unit, and one (1) shared parkingspace for each residential unit. The shared spaces will be available
for use by the adjacent commercial uses.
9. Prohibited Uses: The following uses shall be prohibited in Subarea 3, due to the proximity to
residential uses:
* Standalone Coffee Roasters;
* Nail Salons;
Dry-cleaners;
Gasoline stations;
Furniture refurbishingjrefinishing;
Any use involving the application of spray paint.
10. Lighting: Lighting in Subarea 3a shall be shielded to minimize overflow of light into the adjacent
residential neighborhood of Subarea 3b.
11. Signage: Up to one wall sign per building face. Total area for each tenant's building sign on each
building face shall not exceed 1 % sf of sign area for each linear foot of building frontage for the
business. Consistent with the Design Guidelines and Standards for Mixed Use Districts, additional
awning and hanging signs are encouraged to reflect City Character and pedestrian scale with a
maximum of one awning or hanging sign per building face. Signs are subject to discretionary
review and approval.
Subarea 3b - Residenrtinl
Subarea 3b provides for entry-level/workforce housing residential development of approximately 3.12
acres. All development within Subarea 3b shall conform to the following standards:
1. Maximum Density: Shall be a maximum of 20 units per acre
2. Minimum Lot Size: Shall be 2,000 square-feet. No subdivision resulting in lots less than this
minimum size shall be allowed.
3. Project Boundary Setbacks:
a. Minimum Project Front Yard Setback (South Courtland Street): Shall be a minimum of 10'.
The front yard is that side which is closest to South Courtland Street (reference Exhibit 3-
4.8).
b. Minimum Project lnterior Side Yard Setback (between Subarea 3a commercial and 3b
residential; between Subareas 3b and 4): Shall be a minimum of 10' (reference Exhibit 3-
4.8).
c. Minimum Project Rear Yard Setback (City Limit Line): shall be a minimum of 10'. The rear
yard of the property is that side which is closest to the City Limit Line (reference Exhibit
3-4.8).
4. lnterior Yard Setbacks:
a. Courtyardjcommon open space area setback: Shall be a minimum of 8 '
b. Side yard setbacks: Shall be a minimum of 4'
c. lnterior private drive setback: Shall be a minimum of 2'
5. Maximum Lot Coverage: Shall be 65%, inclusive of all enclosed structures.
6. Maximum Floor Area Ratio (FAR): Shall be 1.25, inclusive of total floor area
7. Maximum Building Height: Shall be 35' or two (2) stories, whichever is less. Total height including
any appurtenances shall not exceed 40'.
8. Parking: 2 spaces shall be provided per unit within an enclosed garage and guest spaces shall be
provided at a minimum ratio of 0.5 per unit. Two of the guest parking spaces may be provided in
driveways where feasible
9. Minimum Open Space for Subarea 3b: Shall be 35%,
10. Signage: Shall comply with Municipal Code Section 16.60.040-A, Subsections A.l (Single-family
neighborhood identification) and be subject to discretionary review and approval.
"-%q.n I-. c'~,~. rand ikve~xt~e Frontage
Development of Subarea 3 shall implement objectives of the General Plan, Design Guidelines and
Standards for Mixed-Use Districts, and the project's fair share of the recommendations in the Grand
Avenue Enhancement Plan relating to streetscape character along the East Grand Avenue frontage.
Green Building and Energy Efficiency
All new development shall be accompanied by a summary outlining energy use calculations, design
features and/or operational measures that exceed minimum standards in order to make the development
more 'green' and energy efficient.
Access and Circulatioa~
1. Vehicular Access: Vehicular access will be from East Grand Avenue to South Courtland Street.
2. Emergency Access: An emergency access driveway will connect Subareas 3b and 4. The design of
which shall be subject to Fire Department approval. Vehicular access to the driveway may be
optionally restricted to emergency vehicles only through the use of bollards, a gate, or other
mechanism approved by the Fire Chief.
3. Fire Access: Shall be provided per the strict application of the California Fire Code and its
appendices, as approved by the Fire Chief.
4. Pedestrian Connections: Sidewalks shall be provided along East Grand Avenue and South
Courtland Street with connections to interior of the site. Pedestrian pathways shall be provided
in Subarea 3b through the neighborhood green. Sidewalks are not required adjacent tothe private
drive.
5. South Courtland Street: The private access drive for Subarea 3b shall be aligned with the existing
commercial development driveway across South Courtland Street. Development of each Subarea
shall include widening of South Courtland Street to its ultimate width along that Subarea's
frontage. The southwestern curb return at East Grand Avenue and South Courtland Street shall
be rebuilt as a part of the South Courtland Street widening.
6. Bicycle Lanes: Shall be provided on South Courtland Street along the project frontage
Street Trees and Landscaping
Trees shall be provided along South Courtland Street and East Grand Avenue within 10' of curb edge
where feasible. Internal landscaping for each Subarea shall be subject to discretionary review and
approval and should include drought-resistant plants and low impact development techniques.
F~~ II~.L,> pe,-. arid Walks
Interior fences and walls shall be limited to 6' in height. To accommodate compact higher density
development, 6'fence may be combined with an 18 inches retaining wall (exposed wall height) on interior
lots.
Retaining walls (exposed wall height) shall be limited to 6' in height with discretionary approval. Fencing
above retainingwalls is allowed up to 6' in height (maximum of 12'combinedfence and wall height) when
located adjacent to commercial (lots 4 and 23-27) and/or along western edge of property (lots 17-23) to
buffer from large wall expanses of existing buildings. Fencing located adjacent to commercial and/or along
the western edge of the property shall be double sided.
Perimeter fencing or walls along the East Grand Avenue and South Courtland Street frontages shall be
limited to 3.5' in height unless the portion over 33, up to 6', is 75% light emitting, or combined with a
raised planter. All fences and walls shall be subject to discretionary review.
Storm Drainage and Water Quality Fasiiiities
Each drainage subarea shall incorporate post-construction storm water management measures consistent
with Regional Water Quality Control Board standards. Project water quality measures shall be provided
on-site and include low-impact design features such as disconnected downspouts, rain gardens and/or
other measures promoting storm water infiltration through surface and/or sub-surface infiltration basins.
Mitigation of post-development peak storm water run-off shall be directed to the east, across South
Courtland Street to the Poplar Basin, which was designed and built to accommodate development of the
Subareas.
Arct~itectiiiral Desiigll Guidelines
Subarea 3a
1. Buildings: No specific architectural theme is required; however all buildings within the Subarea
3a shall reflect a mixed-use commercial character consistent with the Gateway Mixed-Use District
objectives.
2. Site Design: Site design shall include plazas or paseos and contribute to well defined and walkable
street frontage. Buildings should line East Grand Avenue with parking located on the side and/or
rear of building.
3. Parking: Parking within Subarea 3a shall be located away from East Grand Avenue and shared by
multiple owners/uses.
1. Buildings: No specific architectural theme is required; however all buildings within the Subarea
3b shall reflect a residential character and be compatible with the Berry Garden Neighborhood.
Phasing of Developknei~t
The two Subareas and/or properties within the Subareas may be developed concurrently or separately,
provided that all applicable requirements are met (emergency access, etc.). Developers will enter into a
development agreement or similar binding agreement, financing or other leverage mechanism with the
City to ensure the commercial parcel will be developed prior to the residential or within a reasonably
sufficient timeframe.
Exhibit 3-4.A - Subareas
Exhibit 3-4.B - Allowed Project Boundary Setbacks
EXHIBIT F
ORDINANCE NO.
AN ORDINANCE OF THE ClTY COUNCIL OF THE ClTY OF ARROYO
GRANDE APPROVING DEVELOPMENT AGREEMENT 15-002 FOR
DEVELOPMENT OF PROPERTY LOCATED AT THE SOUTHWEST
CORNER OF EAST GRAND AVENUE AND COURTLAND STREET
WHEREAS, the Property Owner is the owner of real property consisting of approximately
4.47 acres identified as Subarea 3 of the Berry Gardens Specific Plan; and
WHEREAS, the property has been the subject of several development applications in
recent history; and
WHEREAS, the Property Owner and City of Arroyo Grande desire to facilitate the
development and construction of a mixed-use project on the property; and
WHEREAS, the Property Owner and City of Arroyo Grande entered into a Memorandum
of Understanding on February 10,201 5 to negotiate in good faith the terms and conditions
of a Development Agreement ; and
WHEREAS, a development agreement is a contractual agreement which specifies the
intensity, timing and conditions of development of real property; and
WHEREAS, development agreements are used to provide an enhanced degree of
certainty in the development process for both the property ownerldeveloper and the public
agency; and
WHEREAS, Municipal Code Section 16.16.150 addresses development agreements; and
WHEREAS, pursuant to Municipal Code Section 16.16.150, a duly noticed public hearing
was held by the Planning Commission on August 4, 201 5; and
WHEREAS, pursuant to Municipal Code Section 16.16.1 50, the Planning Commission, on
August 4, 2015 adopted a resolution recommending that the City Council approve a
development agreement for the proposed project; and
WHEREAS, pursuant to Municipal Code Section 16.16.150, after consideration of all
testimony and all relevant evidence, the City Council has determined that the following
findings of fact can be made in an affirmative manner:
a) The development agreement is consistent with the goals, objectives, policies,
general land uses, and programs specified in the general plan and any
applicable specific plan;
ORDINANCE NO.
PAGE 2
b) The development agreement is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property
is located:
c) The development agreement is in conformity with public convenience,
general welfare, and good land use practice;
d) The development agreement will not be detrimental to the health, safety, or
general welfare;
e) The development agreement will not, in respect to the subject property, or
any other property, adversely affect the orderly development thereof or the
preservation of property values.
NOW THEREFORE, THE ClTY COUNCIL OF THE ClTY OF ARROYO DOES ORDAIN
AS FOLLOWS:
SECTION 7: The above recitals and findings are true and correct and are incorporated
herein by this reference.
SECTION 2: The City Council hereby approves the Development Agreement with NKT
Commercial, LLC as set forth in Exhibit "A, attached hereto and incorporated herein by
this reference.
SECTION 3: 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
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. This
Ordinance shall take effect and be in full force and effect thirty (30) days after its passage.
SECTION 4: This Ordinance shall take effect and be in full force and effect thirty (30)
days after its passage.
SECTION 5: if any section, subsection, sentence, clause, or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance
and each and every section, subsection, sentence, clause, or phrase not declared invalid
ORDINANCE NO.
PAGE 3
or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
On motion of , seconded by , and on the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this 8'h day of September 2015.
ORDINANCE NO.
PAGE 4
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, ClTY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, ClTY MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, ClTY ATTORNEY
RECORDING REOUESTED BY
RETURN TO:
City of Arroyo Grande
Attn: City Clerk
300 E. Branch Street
Arroyo Grande, CA 93421
Space Above This Line For Recorder's Use
THIS DEVELOPMENT AGREEMENT (this "Agreement') dated as of this - day of -,
2015 (the "Effective Date"), hy and between the City of Arroyo Grande ("City"), a municipal
corporation, and NKT Commercial, LLC a California limited liability company ("Property
RECITALS
WHEREAS, Property Owner is the owner of real property consisting of approximately 4.47
acres identified as Subarea 3 of the Berry Gardens Specific Plan located in the City of Arroyo
Grande, State of Califomia and legally described in Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter referred to as the "Property"); and
WHEREAS, Property Owner and City desire to facilitate the development and construction of a
inixed use (cominercial and officeiresidential) project on the property (the "Project") in order to
accomplish three shared important goals: 1) Provide NKT with sufficient flexibility to induce
investment related to the Project; 2) Generate economic revitalization of the Grand Avenue
corridor through a high quality Gateway development project; and 3) Preserve the adjacent
neighborhood's residential character; and
WHEREAS, to strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the Legislature of the
State of California enacted California Government Code $65864; and
WHEREAS, City, in order to accomplish the same, enacted Arroyo Grande Municipal Code
$16.16.150, setting forth the required process for reviewing, processing and approving
development agreements; and
WHEREAS, The City has determined that the Project is a development for which a
development agreement is appropriate. A development agreement will eliminate uncertainty in
the City's land use planning for, and secure orderly development of, the Project and otherwise
achieve the goals and purposes of the city. In exchange for the public benefits and other benefits
to the City and the public, Owner desires to receive vested rights, including, without limitation,
legal assurances that the City will grant permits and approvals required for the development.
Occupancy and use of the Project over the Project's estimated development period in accordance
with the Existing City Laws (as defined in this Agreement), subject to the terms and conditions
contained in this Agreement. In order to effectuate these purposes, the City and Owner desire to
enter into this Agreement; and
WHEREAS, City published a notice of intention to consider adoption of this Agreement
pursuant to Government Code Section $565090 and 65091 and duly held a public hearing; and
WHEREAS, the City finds the following:
a. This Agreement is consistent with the goals, objectives, policies, general land uses
and programs specified in the General Plan.
b. This Agreement is compatible with the uses authorized in, and the regulations
prescribed for, the 2015 Specific Plan Amendment in which the Project is located.
c. This Agreement is in conformity with public convenience, general welfare and good
land use practice.
d. This Agreement will not be detrimental to the health, safety or general welfare.
e. This Agreement will not, in respect to the Property, or any other property, adversely
affect the orderly development thereof or the preservation of property values; and
WHEREAS, pursuant to Ordinance No. ----, the City approved this Agreement with
property Owner, setting forth the permitted uses of the Property, desibm guidelines, density
and intensity of use, and the maximum height and size of building.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, City and Property Owner
agree as follows:
Section 1. Recitals. The above recitals are hereby incorporated into the body of this Agreement
as though set forth in full herein.
Section 2. Term and Periodic Review.
This Agreement shall be effective immediately upon the Effective Date and shall expire
five (5) years from said date, unless oti~erwise extended by City in writing pursuant to
2
a. City shall, not less than every twelve (12) months from the Effective Date,
comprehensively review Property Owner's efforts to comply with the terms and
conditions of this Agreement.
Section 3. Development Entitlements. The Property Owner agrees to develop and
construct Alternative 2 described in the MOU between City and Property Owner dated February
IOU', 2015, and as described in further detail in Exhibit "B and by this reference hereby
incorporated. For the tenn of this Agreement, the Project is hereby approved subject to the tenns
and conditions set forth herein and in the adopted Negative Declaration dated Noveinber 14,
2014 on file with the office of the City Clerk, located at 300 E. Branch Street, and as further set
forth in Exhibit "B" attached hereto and incorporated herein by this reference. The entitlements
set forth above will include various additional conditions and requircments including, but not
limited to additional discretiona~y and ministerial approvals, with which Property Owner will be
required to comply in order to develop the Property and construct and operate the Project. Such
approvals shall he reviewed and approved in accordance with the City of Arroyo Grande
Municipal Code, California Environ~nental Quality Act and all other applicable local, state and
federal laws and regulations.
Section 4. Vested Right. Property Owner shall have a vested right to develop the Project in
accordance with this Agreement.
Section 5. &. Property Owner shall pay to City all fees, including, but not limited to building
pennit, plan check, inspection, water and sewer connection fees, encroachment permit,
improve~nent plan, application and processing or other City developmerlt related fees.
Development impact fees shall be payable at the time of the issuance of the permit for such
construction activities on the site, as permitted in the City municipal code.
Section 6. Referendum. The parties acknowledge that City's approval of this Agreement is a
legislative act suhject to referendum.
Section 7. Amendment or Cancellation. This Agreement may be amended, or canceled in whole
or in part, by mutual written consent of the parties suhject to compliance with Arroyo Grande
Municipal Code Section $16.16.150.F.2. Notice of intention to amend or cancel any portion of
the Agreement shall be given in a manner provided by Governn~ent Code Section $65867.
Section 8. Environmental Compliance. In accordance with the California Environmental
Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Procedures for the
Implementation of CEQA, staff has conducted an Initial Study and prepared a Draft Mitigated
Negative Declaratioil (MND) for the proposed project dated
Section 9. Attorneys' Fees, Costs, and Exuenses. In any litigation, arbitration, or other
proceeding in law or equity by which one party to the Agreement seeks to enforce its rights
under the Agreement, to resolve any alleged dispute, breach, default, or misrepresentation in
connection with any of the provisions of this Agreement, to seek a declaration of any rights or
obligations under this Agreement, or to interpret the provisions of this Agreement, the prevailing
3
party shall be entitled to recover from the losing party actual attorneys' fees incurred to resolve
the dispute and to enforce the final judgment, award, decision, or order and such fees, costs; or
expenses shall be in addition to any other relief to which the prevailing party may be entitled.
Section 10. Notices. To be effective, all notices, requests, demands, and other communications
required or permitted under this Agreement shall be in writing and shall be delivered either in
person or by certified mail, postage prepared, return receipt requested. Notice is deemed
effective on delivery if served personally on the party to whom notice is to be given and delivery
if served personally on the party to whom notice is to be given, by first class mail, registered or
certified, return receipt requested, postage prepaid, and properly addressed as set fort11 below.
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or
omission of the party to be notified shall be deemed effective as of the first date that said notice
was refused, unclaimed, or deemed undeliverable by the postal authorities. The addresses for
purposes of giving notice are as set forth below but each party may change its address by written
notice in accordance with this paragraph.
If to Property Owner: NKT Commerical, LLC
Attn: Nicholas Tompkins
684 Higuera Suite B
San Luis Obispo, CA 93401
City of Arroyo Grande
Attn: City Manager
300 E. Branch Street
Arroyo Grande, CA 93421-0550
Section 11. Authorizations. All officers and individuals executing, this Agreement and other
related docu~nents on behalf of the respective parties do hereby certify and wan-ant that they
have the capacity and have been duly authorized to so execute said documents on behalf of the
entity so indicated.
Section 12. Headings and Captions. The captions aud headings of this Agreement are inserted
for convenience only and shall not be deemed a part of this Agreement and shall not be used in
interpreting this Agreement or in determining any of the rights or obligations of the parties to this
Section 13. Severability. If any term, provision, covenant, or condition of this Agreement shall
be or become illegal, invalid, null, void, unenforceable, or against public policy, in whole or in
part, or shall be held by any court of competent jurisdiction to be illegal, invalid, null, void,
unenforceable, or against public policy, in whole or in part, or shall be held by any court of
competent jurisdiction to be illegal, invalid, null, or void, or against public policy, the term,
provision, covenant, or condition shall be deemed severable, and the remaining provisions of this
Agreement shall remain in full force and effect and shall not be affected, impaired, invalidated.
The term, provision, covenant, or condition that is so invalidated, voided, or held to be
unenforceable shall be modified or changed by the parties to the extent possible to carry out the
intentions and directives set forth in this Agreement.
4
Section 14. Counterpart Execution. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute one and
the same instrument.
Section 15. Entire Agreement. This Agreement constitutes the final, complete, and exclusive
statement of the terms of the agreement between the parties pertaining to the Agreement and
supersedes all prior and contemporaneous agreements, promises, representations, warranties,
understandings, or undertakings by either of the parties, either oral or written, of any character or
nature. No party has been induced to enter into this Agreement by, nor is any party relying on,
any representation or warranty outside those cxpressly set forth in this Agreement.
Section 16. Ambiguities. Each party and its counsel have participated fully in the review and
revisioil of this Lease. Any rule of construction to the effect that ambiguities are to be resolved
against the drafting party shall not apply in interpreting this Ageenlent.
IN WITNESS WHEREOF, the parties have executed this Agreement which shall be deemed
effective as of the first date set forth above.
CITY OF ARROYO GRANDE NKT COMMERCIAL, LLC
Jim Hill, Mayor Nicholas Tompkins, Managing Member
Date:
As Approved to Fonn:
Kelly Wetu~ore, City Clerk Paul F. Ready
Date:
As Approved to Form:
Heather K. Whitham, City Attorney
5
Exhibit "A" Legal Description
Exhibit "B"
For purposes of clarity, the Project is described as two separate areas; Subarea 3a and
Subarea 3a will refer to the mixed-use commercial portion of the Project fronting onto
East Grand Avenue, while Subarea 3b will refer to the residential portion of the Project fronting
onto South Courtlai~d Street.
a. P~oject Specifics:
i. Subarea 3a will include approximately 15,600 square feet of commercial or office
space divided anlong three (3) separate buildings, representing a 5,000 square foot
expansion from the Project submitted to the City Council on December 9,2014. The
buildings will be located on three (3) separate lots ranging in size from approximately
10,000 square feet to approximately 26,000 square feet. The western building will
front onto East Grand Avenue and will include approximately 5,500 square feet of
mixed-use commercial or office space with four (4) residential units located on the
second story. The eastern building will front onto East Grand Avenue and will
include approximately 6,500 square feet of commercial or office space. The third
building will be located along South Courtland Street and will include approximately
3,600 square feet of commercial or office space. Parking for Subarea 3a will be
located behind and to the side of the two buildings fronting onto East Grand Avenue.
In addition, three (3) outdoor plazalpaseo spaces at ground-level will be incorporated
within Subarea 3a and will provide opportunities for outdoor dining. The central
plaza spaces located along the central driveway will incorporate planters, furnishings,
andlor other features to separate the plaza spaces from the central driveway. The
plaza space at the comer of East Grand Avenue and South Courtland Street will
incorporate a low wall feature to minimize noise and will include planters,
furnishings, and/or other features.
Front yard setbacks for the commercial buildings fronting East Grand Avenue will be
between zero (0) to five (5) feet. The side yard setbacks for the commercial buildings
along South Courtland Street and the interior side yard setbacks along the City Limit
Line will be a minimum of zero (0) to five (5) feet. Rear yard setbacks for the
commercial buildings along Subarea 3b will be a minimum of zero (0) to five (5)
11. Subarea 3b will include thirty-eight (38) single-family residential units in a small lot,
detached format that includes driveways, on- and off-street parking, and a centrally
located Neighborhood Green. This represents a reduction in area devoted to housing
by three (3) uilits from the Project submitted to the City Council on December 9,
2014. The minimum lot size for the single-family residential parcels will be 2,000
square-feet. Front yard setbacks for residential units fronting onto South Courtland
Street will be a minimum of ten (10) feet. Residential units adjacent to Subarea 3a
parking areas will have a minimum setback of ten (10) feet. Units with a rear yard to
the City Limit Line will have a minimum setback of ten (10) feet. Those units facing
the private drive will
have a ininiinum street setback of two (2) feet, with a minimum side yard setback of
four (4) feet. Units fronting onto the Neighborhood Green will have a front yard, open
space setback of eight (8) feet.
b. Arclzitecture and Design
i. All buildings located within Subarea 3a will be designed in a contemporary
architectural style. Building designs will include changes in wall planes, glazing at
ground level, a variety of materials, awnings, and signage. Materials will include but
are not limited to brick, plaster, steel, and aluminum. StreetRarking lot lighting and
wall lighting will be incorporated within Subarea 3a. Signage will allow for up to one
(1) wall sign per building face with the total area for each tenants sign oil each
building face not exceeding one and a half (1.5) square feet of sign area for each
linear foot of building frontage for the business. The four (4) mixed-use residential
units located above the western building will be accessed from the rear of the
building. All mixed-use residential units will have a minimum of one (1) balcony.
Perimeter fencing or walls along the East Grand Avenue and South Courtland Street
frontages will be limited to three and a half (3.5) feet in height unless the portion over
three and a half (3.5) feet, up to six (6) feet, is 75% light emitting, or combined with a
raised planter. All fences and walls will be subject to discretionaiy review. Maximuin
allowed building height for Subarea 3a, including all architectural features, will not
exceed 40 feet in height.
ii. Subarea 3b will be designed in a contemporary, mid-century architectural style that
complements Subarea 3a. Color and material selection will be consistent with the
mid-century architectural style. Materials will include but are not limited to plaster,
fiber cement siding, asphalt shingles, corngated metal, and natural wood.
Streetif arking lot lighting, hollard path lighting, and wall ligbting will be
incorporated within Subarea 3b. Those residential units facing onto South Courtland
Street will include porches that address the street. Residential units facing the
Neighborhood Green will address the common open space. Those units surrounding
the Neighborhood Green and four (4) units fronting onto South Courtland Street will
have a side yard reciprocal easement that creates a useable eight (8) foot patio space
for said units. Units adjacent to Subarea 3a and the City Limit Line will include a
maximum six (6) foot retaining wall with six (6) foot fences placed on top, for a
maximum height of 12 feet, where appropriate. Fencing between Subarea 3a parking
and Subarea 3b residential units will be double sided to buffer between parking areas
and residences. Perimeter fencing or walls along the East Grand Avenue and South
Courtland Street frontages will be limited to three and a half (3.5) feet in height
unless the portio~l over three and a half (3.5) feet, up to six (6) feet, is 75% light
emitting, or combined with a raised planter. All fences and walls will be subject to
discretionary review. Maximum allowed building height for Subarea 3b will not
exceed 35 feet or two-stories, whichever is less. Total building height including all
architectural features will not exceed 40 feet.
8
c. Neighborhood Green
i. The Neighborhood Green will be centrally located in Subarea 3b and will include a
pavilion, sitting areas, play structure, flex spaces, and mailbox area. A mixture of
hardscape and greenscape will be included with the landscape palette focused on
drought tolerant plantings. Pedestrian pathways will be incorporated to provide access
to the Neighborhood Green throughout Subarea 3b.
i. As calculated by AGMC Subsection 16.36.030.C, Subarea 3a will have 3.23 units per
acre while Subarea 3b will have 18.59 units per acre.
e. Circulation and Access
Improvements to stveets and intevseclions shall be generally limited to the proposed
improvements associated with Proposed General Plan Amendment 14-002, SpeciJic Plan
Amendment 14-001, Conditional Use Permil 14-009 and Vesting Tentative Tmct Map 14-
i. Subarea 3a will include three (3) access points, two (2) along East Grand Avenue and
one (1) along South Courtland Street. The westernmost driveway along East Grand
Avenue will be designed to only allow vehicular egress in an eastbound manner. The
center driveway along East Grand Avenue will be designed to allow two-way access
but only in a right-ingress and right-egress configuration. The single driveway along
South Courtland Street will allow full ingress and egress to Subarea 3a.
ii. Subarea 3b will include two (2) access points, one (I) aloilg South Courtland Street
and one (1) emergency access from the People's Self Help Housing Development
located to the south. The South Courtland Street private dnve will allow full ingress
and egress to Subarea 3b and will be aligned with the existing commercial driveway
to the east. The private drive will allow shared use by vehicles, bicyclists, and
pedestrians. The emergency access drive will only allow emergency vehicle access to
and from the People's Self Help Housing Development and will be maintained as part
of the Project.
i. Subarea 3a will include a total of seventy-seven (77) parking spaces. Sixty-nine (69)
will be open, unassigned parking spaces for commercial use. Eight (8) additional
parking spaces will be provided for the mixed-use residential units, of which four
(4) spaces will be specifically signed and dedicated for use by said units. All
parking spaccs will be located to the rear and the side of Subarea 3a buildings.
11. Subarea 3b will include a total of ninety-nine (99) parking spaces. Seventy-six (76)
will be enclosed, off-street parking spaces, representing two (2) spaces per unit. In
addition, twenty-three (23) guest parking spaces will be provided, representing 0.6
guest parking spaces per
unit. Guest parking spaces will be dispersed throughout Subarea 3b with amajority
located in the southwest comer.
g. Pedestrian Improvements
i. Pedestrian improvements will include improved and widened sidewalks for the
project frontage along East Grand Avenue and South Courtlaud Street. Street trees
will be provided along East Grand Avenue and South Courtland Street within ten (10)
feet of curb edge where feasible. South Courtland Street will be widened and will
allow for on-street parallel parking along the Project frontage. A Class 11 bicycle lane
will be provided along the Project frontage on South Courtland Street. The Project's
fair share of cross walk enha~~cements at the East Grand Avenue and South Courtland
Street will also be incorporated.
h. Storm L)raiiz
i. Each drainage subarea will incorporate post-construction storm water management
measures consistent with Regional Water Quality Control Board standards. Project
water quality measures will be provided on-site and include low-impact design
features such as disconnected downspouts, rain gardens and/or other measures
promoting stonn water infiltration through surface andlor sub-surface infiltration
basins. Mitigation of post-development peak storm water run-off will be directed to
the east; across Courtland Street to the Poplar Basin, which was designed and built to
accommodate development of the Subareas.
i. Property Owner will commence construction of both Subarea 3a and 3b within
five (5) years of approval.
10
EXHIBIT A
Order Number: 4001-4741519 (LI)
Page Number: 6
LEGAL DESCRIPTION
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California,
described as follows:
(Certificate of Compliance 2009-038585) (A.P.N.: 077-131-052 and 077-131-054)
A portion of Block 86, Block 114 and Rockaway Avenue of the Town of Grover, in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to map filed November
23, 1892 in Book A, Page 6 of Maps, in the office of the County Recorder of said County, and
that portion of Remainder of Tract 2471, in the City of Arroyo Grande, County of San Luis
Obispo, State of California, according to map filed August 16, 2004 in Book 24, Pages 9, 10 and
11 of Maps, in the office of the County Recorder of said County, and being more particularly
described as follows:
Beginning at the Northeast Corner of Lot 1 of Tract 2158, in the City of Grover Beach, County of
San Luis Obispo, State of California, according to map filed May 2, 1994 in Book 17, Page 23 of
Maps, in the office of the County Recorder of said County;
thence along the Easterly line thereof and along the East line of the land described in deed to
John Bradley Forde and Anita Madeline Forde in Document No. 2003122906 filed October 22,
2003 in the office of the County Recorder of said County, South 03°14'S1" West, 645.07 feet to
the Northwest Comer of Lot 7 of said Tract 2471;
thence along the Northerly line of said Tract 2471 and the Northerly line of Tract 2260 Phase I,
in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map
filed November 3,2000 in Book 19, Page 43 of Maps, in the office of the County Recorder of said
County thereof, South 8b045'35" East, 411.86 feet to a point on the Westerly line of an existing
50-foot Easement for Road Purposes, as shown on Parcel Map AG 00-301, in the City of Arroyo
Grande,
County of San Luis Obispo, State of California, according to map filed June 25, 2002 in Book 56,
Page 54 of Parcel Maps, in the office of County Recorder of said County, which point is South
86'45'35" East, 7.00 feet from the Northeast Comer of Lot 84 of said Tract 2260 Phase I;
thence along the Westerly line of said 50-foot Easement for Road Purposes, North 03O14'46"
East, 645.00 feet to a point along the Southerly Right-of-way of East Grand Avenue;
thence along said Southerly Right-of-way line thereof, North 86°45'00" West, 411.84 feet to the
Point of Beginning;
EXCEPT the South 172.25 feet thereof.
APN: 077-131-052 and 077-131-054
July 15,2015
Matthew Downing, Assistant Planner
City of Arroyo Grande
Planning Division
300 E. Branch St.
Arroyo Grande, CA 93420
RE: Courtland and Grand Mixed-Use Project Development Agreement Submittal
Dear Mr. Downing.
On behalf of our Client. NKT Commercial, RRM Design Group submits this Development
Agreement and accompanying application materials for the Courtland and Grand Mixed-Use
Commercial and Residential project for Alternative Two as outlined within the Memorandum of
Understanding (MOU) entered into between the City of Arroyo Grande and NKT Commercial
on February 10, 2015.
Backaround
The Courtland and Grand Mixed-Use Commercial and Residential project last appeared before
the City Council on December 9*, 2014. At that time, a number of potential issues with the
project were identified, and ultimately, the project was not approved by the City Council.
Before you is a revised project containing a number of changes that evolved out of comments
and feedback taken from the December City Council meeting and those outlined within the
above referenced MOU.
Proiect Revisions
The revised Mixed-Use Commercial portion of the project contains a total of 15.600 square feet
of commerciallretail andlor office space, representing a 5,000 square foot increase over the
project previously reviewed by the City Council. The additional 5,000 square feet has been
incorporated within a new commerciallretail andlor office building along South Courtland Street
and within the two buildings fronting onto East Grand Avenue. Parking spaces for the Mixed-
Use Commercial area have been increased by I I parking spaces, over the required 66 parking
spaces, for a total of 77 parking spaces provided. In order to accommodate the expanded
Mixed-Use Commercial square footage and the additional parking spaces, the stairway
connection between the two project areas has been eliminated but both areas remain
connected through pedestrian and bicycle improvements along South Courtland Street.
Furthermore, the expansion of the Mixed-Use Commercial square footage and additional
3765 S. HQirrra St, Sie
CoudLond and Grand Mixed-Use Project Development Agreement Slibrniifal
Proposed Scope of Services
J~ily 14, 201 5
Page 2 of 2
parking spaces also corresponds with a reduction in the total area and number of single-family.
workforce housing units contained within the Residential portion of the project.
This letter and attached package of materials represents the Courtland and Grand Mixed-Use
Commercial and Residential project submittal for review and use by the Staff Advisory
Committee, Planning Commission, and City Council. A more detailed submittal with updated
landscape plans, building elevations, and other required materials will be provided at the time of
submittal to the Architectural Review Committee. In addition to this letter, this package
contains the following information:
Draft Development Agreement
Revised Specific Plan Amendment (SPA)
Revised Architectural Site Plan;
Site Sections
Revised Vesting Tentative Map Package (VTM)
o Grading and Drainage Plan
o Site Plan
o Vesting Tentative Map
o Utility Plan
Revised Commercial PerspectivelGrand Avenue Elevation
Revised Commercial Perspective (Perspective View of building one - Mixed-use)
Courtland Perspective;
Commercial Perspective of Building 3
We appreciate your careful consideration of this request and look forward to continuing to
work with you on this project. Please feel free to contact me directly with any questions you
may have regarding this revised Development Agreement submittal at (805) 543-1 794, Ext. 222.
Sincerely,
cc: Nlck Tompklns, NKT Commercial
3745 5. I:I~C,OIO St., Ste. 1" . Sarr :us 00s-o, CA $3401
ATTACHMENT 2
Minutes: City Council Regular Meeting
Tuesday, January 13,2015
Page 4
8.k. Consideration of Approval of Final Parcel Map 14-001, Subdividing One Parcel into
Two (2) Parcels at 1450 Chilton Street; Applied for by Patrick Kimball and Car10
Castaneda. w: Approved Final Parcel Map 14-001; subdividing one (1) parcel '
parcels at 1450 Chilton Street; applied for by Patrick Kimball and
8.1. Consideration of Adoption of an Ordinance Approving the
Development Agreement 09-002 to Modify the Legal Des
Property Located at the Northeast Corner of West Bra nd Old Ranch
Road (APN 007-011-056). w: Adopted an Ordinance entitled: "AN ORDl F THE CITY COUNCIL OF
THE CITY OF ARROYO GRANDE FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT 09-00 LEGAL DESCRIPTION OF
THE PROPERTY".
9. PUBLIC HEARINGS
9.a. Consideration of of Community Development Block Grant
(CDBG) Projects
Associate Planner the staff report and recommended that the Council
provide preliminary projects to be funded with the City's allocation of
CDBG funds for the to questions from Council.
Mayor Hill opened theFublic hearing, and upon hearing no comments, he closed the public
hearing. /
ember Brown moved to: I) provide preliminary approval of proposed projects
City's allocation of CDBG funds for the year 2015; and, 2) send a letter to
Supervisors in support of CDBG funding for the Family Care Network.
seconded, and the motion passed on the following roll call vote:
Brown, Barneich, Guthrie, Harmon, Hill
A NO None
ABSENT: None
10. CONTINUED BUSINESS
10.a. Consideration of a Resolution Denying Without Prejudice General Plan
Amendment 14-002; Specific PIan Amendment 14-001, Vesting Tentative Tract
Map 14-001, and Conditional Use Permit 14-009; Location: Southwest Corner of
E&t Grand Avenue and South Courtland Street; Applicants - MFI Limited and
NKT Commercial; Representative - RRM Design Group.
Recommended Action: Adopt a Resolution denying without prejudice General Plan
Amendment 14-002; Specific Plan Amendment 14-001, Vesting Tentative Tract Map 14-
001, and Conditional Use Permit 14-009.
Brief Council comments ensued regarding the proposed project review at the December 9*
meeting, alternatives identified for Council consideration in the current staff report, and
Minutes: City Council Regular Meefing
Tuesday, January 13,2015
continuing the item to a date uncertain to allow the applicant to submit a revised project
description.
Action: Council Member Brown moved to approve Alternative No. 4 to not adopt the
Resolution, and to request concurrence from the applicant to reopen the public hearing for a
future date after prcviding adequate notice. Mayor Hill seconded, and the motion passed on the
following roll call vote:
AYES: Brown, Hill, Guthrie, Harmon, Barneich
NOES: None
ABSENT: None
10.b. Consideration of Adoption of a Policy to Have a Moment of Silence or a Moment of
Reflection at the Beginning of City Council Meetings.
Assistant City Attorney Hirsch presented the staff report and recommended that the Council
consider the adoption of a policy of having a moment of silence or a moment of reflection
instead of an invocation at the beginning of City Council meetings.
Mayor Hill invited public comment. Speaking from the public were Ron Dee, H
support of continuing the invocation; Linda Osty, Arroyo Grande, in support
invocation; Randy Ouimette, St. John's Luth
invocation; Greg Steinberger, Arroyo Grande, in support of continui
Leidner, Atheist United of San Luis Obispo, in opposition to continui
Wayne Riddering, Peace Lutheran Church, in su
Atheist United, in opposition of continuing the
support of continuing the invocation; Dan F
regarding the invocation; Joseph Scott, James Way,
invocation; Mike Rice, in support of continu
continuing the invocation; Robin Rinzler, in c
McGrew, Atheist United, in opposition of con
comments, Mayor Hill closed the public comment
Action: Council Member Guthrie moved to dire staff to change the agenda to have a moment
of reflection on all future agendas. Mayor P em Barneich seconded, and the motion passed
on the following roll call vote: /
AYES:
NOES: Brown, Harmon
ABSENT: None
10.c. Consideration o greement with Regional Government Services for Interim City
Manager Se/
r Malicoat presented the staff report and recommended that the Council
ent with Regional Government Services to provide Interim City Manager
&or Hill invited public comment No public comments were received.
Minutes: City Council Regular Meeting
Tuesday, February 10,2015
Page 3
Action: Council Member Brown moved to appoint Gregory King to the Parks and Re
Commission. Mayor Hill seconded, and the motion passed on the following roll call
AYES: Brown, Hill, Guthrie, Harmon, Barneich
NOES: None
ABSENT: None
1l.b. Presentation on Southern California Gas Safety Enhancement
Project and Consideration of a Waiver Trench Cut
Prohibition.
Public Works Director English presented the staff re and recommended that the Council
receive and comment on a presentation from South California Gas Company staff about the
proposed Pipeline Safety Enhancement project; approve a waiver of the Five Year Trench
Cut Prohibition on new pavement for sections o est Branch Street and El Camino Real.
Tim Mahoney, Pu Holden, Project Manager, and Olga Quinones,
Community Educa , representing Southern California Gas Company
Pipeline afety Project in which SoCalGas wili be
ious -A2 ations in Arroyo Grande. They explained
ic outreach campaign when pressure testing or
orhood and other efforts to minimize impacts on
scheduled to begin in early 2015 and is expected
to take 10 to 12 we taff and SoCalGas representatives then responded to questions from
Council.
Mayor Hill invi d public comment. No public comments were received. 4
Action: uncil Member Barneich moved to approve a waiver of the Five Year Trench Cut
Prohibiti on new pavement for sections of West Branch Street and El Camino Real. Council
Memb Brown seconded, and the motion passed on the following roll call vote: P
Barneich, Brown, Harmon, Guthrie, Hill
?$: None
A SENT: None
l1.c. Consideration of a Memorandum of Understanding with NKT Commercial
Regarding Development of the Vacant Lot at the Southwest Corner of East Grand
Avenue and South Courtland Street.
Assistant Planner Downing presented the staff report and recommended that the Council
approve a Memorandum of Understanding (MOU) with NKT Commercial regarding negotiating a
Development Agreement for the development of a mixed use project on the vacant lot at the
southwest corner of East Grand Avenue and South Courtland Street and provide general
direction to staff and the developer.
Council questions of staff and the applicant ensued regarding the proposed alternatives listed in
the MOU.
Minutes: Cify Council Regular Meeting
Tuesday, February 10,2015
Page 4
Mayor Hill invited public comment. Speaking from the public was John Mack, Arroyo Grande, in
support of Alternative 1; and Michael Morrow, Arroyo Grande, in support of the proposed MOU
and Alternative 2. No further public comments were received.
Council comments ensued in support of the MOU containing both Alternatives,
acknowledgement that this area of the City contains commercial uses; clarification that any
future project applications would still need to go through the application, planning, and
environmental review process; that flexibility is needed in both alternatives; that Alternative 1 is
more in line with the General Plan; Alternative 2 seems vague and is similar to the prior
proposal for the site; some opposition was expressed regarding high density residential on the
site; development of the site is essential for economic development of the City; that a small
segment of vertical mixed use on the site is desired; concern regarding traffic if a future
proposal contains all commercial use; that alternative housing options are needed in the City;
and that a project on this site would encourage revitalization of the rest of Grand Avenue.
Action: Council Member Brown moved to approve a Memorandum of Understanding with NKT
Commercial regarding negotiating a Development Agreement for the development of a mixed
use project on the vacant lot at the southwest corner of East Grand Avenue and South
Courtland Street. Council Member Harmon seconded, and the motion passed on the following
roll call vote:
AYES: Brown, Harmon, Guthrie, Barneich, Hill
NOES: None
ABSENT: None
Mayor Hill called for a break at 7:55 p.m. The Council reconvened at 8:05 p.m.
1l.d. Status Update and Consideration for Short Term and Long Term Operation of Elm
Street Park Off-Leash Dog Park.
Interim City Manager McFall presented the staff rep
Direct staff to either: 1) Keep the Elm Street Dog Park open using contract
maintenance functions; or 2) Close the Dog Park unt
operation of the Dog Park; 2) Approve an appropriati
Council directs to keep the Dog Park open; and 3) Re term alternatives
for the on-going maintenance and operation of the Dog
Commission. Staff then responded to questions from
ublic were Ann Stalcup, Pismo Beach,
nd maintenance of the park, that she is
ed on Five Cities Dog Park Association
donations should remain with the park
n with large dogs using the small dog park
concerned with donated funds for park
n to request those funds be provided to
d with the current wood chips, broken
a, and stated that the volunteers want
pressed concern about the perception
olunteers and the desertion of the Association with no notice, suggested an online
scheduler for volunteers, stated that donations to the Park were intended for renovations, and
ATTACHMENT 3
MEMORANDUM OF UNDERSTANDING
REGARDING NEGOTIATION OF
DEVELOPMENT AGREEMENT FOR
MIXED USE PROJECT
THIS MEMORANDUM OF UNDERSTANDING ("MOU") dated as of this day of
February, 2015, is by and between the City of Arroyo Grande ("City"), a municipal
corporation, and ~~~.~ommercial, LLC, a California limited liability company ("Property
Owner") (each individually a "Party" and, collectively, the "Parties"),
RECITALS
WHEREAS, Property Owner is the owner of real property consisting of approximately
4.47 acres identified as Subarea 3 of the Berry Gardens Specific Plan located in the
City of Arroyo Grande, State of California and legally described in Exhibit A, attached
hereto and incorporated herein by this reference (hereinafter referred to as the
"Property"); and
WHEREAS, Property Owner and City desire to facilitate the development and
construction of a mixed use (commercial and officelresidential) project on the property
(the "Project") in order to accomplish three shared important goals: 1) Provide NKT with
sufficient flexibility to induce investment related to the Project; 2) Generate economic
revitalization of the Grand Avenue corridor through a high quality Gateway development
project; and 3) Preserve the adjacent neighborhood's residential character; and
WHEREAS, in furtherance of the Project, Property Owner and City desire to reach a
Development Agreement in accordance with the provisions contained in California
~ovemment code Sections 65864 et seq. and ~rroyo Grande Municipal Code Section
16.16.150: and
WHEREAS, prior to executing a Development Agreement, the Parties wish to enter into
this non-binding MOU to set forth a framework for the parameters and terms to be
negotiated.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, City and Property
Owner agree as follows:
Section I. Recitals. The above recitals are hereby incorporated into the body of this
MOU as though set forth in full herein.
Section 2. Preservation of Citv and Propem Owner Discretion. By execution of this
MOU, City is not committing itself to or agreeing to undertake any acts or activities
requiring the subsequent independent exercise of authority or discretion of City or any
body or department thereof. Property Owner is not committing itself to or agreeing to
undertake any acts or activities. Execution of this MOU is merely an agreement to enter
into a period of good faith negotiations according to the terms hereof, reserving final
discretions and approval by the City and Property Owner as to any Development
Agreement, Project Entitlements (as defined below), and all necessary and required
proceedings and decisions in connection therewith relating to the Project.
Nothing in this MOU creates a binding.obligation, and no binding agreement will exist
unless the Parties sign a final and definitive agreement. Each Party expressly
acknowledges and agrees that this MOU creates no obligation on the part of any Party
to: (i) enter into a Development Agreement; (ii) grant any approvals or authorizations
required for the Project; (iii) agree to any specific terms or obligations; or (iv) proceed
with the development of the Property. All of the terms set forth in this MOU are
preliminary in nature and subject to approval by the City and Property Owner and
memoriaiization in an executed Development Agreement. The Parties acknowledge that
the Project may be revised as the environmental and planning processes proceed.
In particular, the Parties further acknowledge the following statutory and local ordinance
requirements which must be complied with in order for the Project to proceed:
a. The provisions of the California Environmental Quality Act, Public Resources
Code Sections 21000 et seq. ("CEQA), including but not limited to project
alternatives or mitigation measures, as well as the alternative of not going
forward with the Project;
b. The provisions of Government Code Sections 65864 et seq. and Arroyo
Grande Municipal Code Section 16.16.150 relating to the approval of
development agreements, including the requirement for public hearings and
requiring that certain findings be made;
c. The provisions of Government Code Sections 65300 et seq. and Arroyo
Grande Municipal Code Section 16.16.020 relating to the approval of general
plan amendments.
d. The provisions of Government Code Sections 65450 et seq. and Arroyo
Grande Municipal Code Section 26.16.030 relating to the approval of specific
plan amendments.
e. The provisions of Government Code Sections 66410 et seq. and Arroyo
Grande Municipal Code Section 16.20.10 et seq. relating to divisions of land.
f. The provisions of Government Code Sections 65901 and Arroyo Grande
Municipal Code Section 16.16.050 relating to conditional use permits.
Section 3. Good Faith Neaotiation of a Development Aareement. During the term of
this MOU, Property Owner and City shall negotiate in good faith the terms and
conditions of the Development Agreement, subject to the retained discretion described
in Section 2, above. Any such Development Agreement resulting from negotiations
hereunder shall only become effective after, and if, the Development Agreement has
been considered and approved by the City in accordance with Government Code
Sections 65864 et seq. and Arroyo Grande Municipal Code Section 16.16.150 and
approved by Property Owner. If such Development Agreement is approved and
executed by City and Property Owner, it shall thereafter govern the rights and
obligations of the Parties with respect to the Project. Best efforts will be exercised by
both the City and Property Owner to complete the referenced Development Agreement
within 60 days of the adoption of this MOU. It is contemplated that the Development
Agreement will include the following terms:
Term. The term of the Development Agreement will be negotiated but in a. -
no event shall the term be for a period less than 3 years, and it shall also include
provisions to comply with the requirement in Government Code Section 65865.1 relating
to periodic review of the Development Agreement.
b. Proiect Deveio~ment. The Development Agreement will include the
specifics regarding the Project that Property Owner would agree to develop and
construct. Alternative 1 is expected to include the following:
(1) No less than 70% of the land area will be developed with commercial
uses and supporting parking with parking not less than required by the City municipal
code, including allowable reductions, and no more than 30% of the land area will be
deveioped with high density residential units, continuing care retirement community
units, (or similar assisted living facilities) and supporting parking, either with
apartments for rent, assisted living units for hire or rental, or residential units for sale
with a density of no less than 20 units per acre;
(2) Any stand alone office or residentiallretirement or assisted living
development will be at the rear of the Project, away from East Grand Avenue, and may
only commence after building construction has commenced on the front portion of the
Project and after all public improvements that are the responsibility of the Property
Owner have been completed;
(3) Commercial building square footage is estimated to be approximately
55,000 square feet if the Project is entirely commercial, and in no case less than 38,500
square feet;
(4) No individual buildings may exceed 40,000 square feet;
(5) Commercial buildings may include office, including medical use, and
other commercial uses identified in the City municipal code; however, the office use
must be located behind and/or above retail and may not exceed 55% of the land area;
(6) No less than two retail commercial buildings shall be located on East
Grand Avenue;
(7) Vertical mixed use is strongly encouraged but not a requirement of the
Project;
(8) The Project architecture will be consistent with the Berry Gardens
Specific Pian, the Design Guidelines and Standards for Mixed-Use Districts, and the
East Grand Avenue Enhancement Plan, or as agreed to by the City and Property
Owner.
Alternative 2 is expected to consist of the project that was reviewed
by City Council on December 9, 2014, as modified by a minimum of 5,000 s.f. of
additional commercial or office space and a corresponding reduction of area devoted to
single family detached housing, or continuing care retirement community units, (or
similar assisted living facilities) and supporting parking.
It is recognized and acknowledged that the Project descriptions contained in this MOU
are not complete at this point. The Development Agreement shall include provisions
relating to the density and intensity of use, maximum height and size of proposed
buildings which shall be consistent with this MOU, a plan of development and provisions
for reservation or dedication of land for public purposes.
c. Citv Approvals. The Project is anticipated to require the following review:
Staff Advisory Committee, Architectural Review Committee, Traffic Commission,
Planning commission and City Council. The Project is anticipated to require the
following approvals and entitlements: -Mitigated Negative Declaration, Specific Plan
Amendment, Vesting Tentative Tract Map and Conditional Use Permit.
d. Project Public Improvement Requirements. Anticipated improvements to
streets and the intersection will be limited to the improvements contained in the prior
conditions of approval for the MHI and NKT project.
e. Develo~ment Impact Fees and Reimbursement for Costs incurred bv the
The timing of payment of applicable development impact fees shall occur following
entitlement at the time of issuance of a permit for construction activities on the site, as
permitted in the City municipal code. In addition, a Specific Plan Amendment will be
required. Property Owner agrees to pay the costs incurred by the City in preparing the
revised Specific Plan.
Section 4. Notices. To be effective, all notices, requests, demands, and other
communications required or permitted under this MOU shall be in writing and shall be
delivered either in person or by certified mail, postage prepaid, return receipt requested.
Notice is deemed effective on delivery if sewed personally on the Party to whom notice
is to be given and delivery is confirmed by a receipt. Notice is deemed effective on the
second day after mailing if mailed to the Party to whom notice is to be given, by first
class mail, registered or certified, return receipt requested, postage prepaid, and
properly addressed as set forth below. Any correctly addressed notice that is refused,
unclaimed, or undeliverable because of an act or omission of the Party to be notified
shall be deemed effective as of the first date that said notice was refused, unclaimed, or
deemed undeliverable by the postal authorities. The addresses for purposes of giving
notice are as set forth below but each Party may change its address by written notice in
accordance with this paragraph.
If to Property Owner:
If to CITY:
NKT Commercial, LLC
Attn: Nicholas Tompkins
684 Higuera Suite B
San Luis Obispo, Ca. 93401
City of Arroyo Grande
Attn: City Manager
300 E. Branch Street
Arroyo Grande, CA 93420
Section 5. Authorizations. All officers and individuals executing this and other
documents on behalf of the respective Parties do hereby certify and warrant that they
have the capacity and have been duly authorized to so execute said documents on
behalf of the entity so indicated.
Section 6. Headinns and Captions. The captions and headings of this MOU are inserted
for convenience only and shall not be deemed a part of this MOU and shall not be used
in interpreting this MOU or in determining any of the rights or obligations of the Parties.
Section 7. Severability. If any term, provision, covenant, or condition of this MOU shall
be or become illegal, invalid, null, void, unenforceable, or against public policy, in whole
or in part, or shall be held by any court of competent jurisdiction to be illegal, invalid,
null, or void, or against public policy, the term, provision, covenant, or condition shall be
deemed severable, and the remaining provisions of this MOU shall remain in full force
and effect and shall not be affected, impaired, or invalidated. The term, provision,
covenant, or condition that is so invalidated, voided, or held to be unenforceable shall
be modified or changed by the Parties to the extent possible to carry out the intentions
and directives set forth in this MOU.
Section 8. Counterpart Execution. This MOU may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute
one and the same instrument.
Section 9. Entire Aareement. This MOU constitutes the final, complete, and exclusive
statement of the terms of the MOU between the Parties pertaining to the MOU and
supersedes all prior and contemporaneous agreements, promises, representations,
warranties, understandings, or undertakings by either of the Parties, either oral or
written, of any character or nature. No Party has been induced to enter into this MOU,
nor is any Party relying on, any representation or warranty outside those expressly set
forth herein.
Section 10. Ambiquities. Each Party and its counsel have participated fully in the
preparation, review and revision of this MOU. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting Party shall not apply in interpreting
this MOU.
IN WITNESS WHEREOF, the Parties have executed this Memorandum of
Understanding which shall be deemed effective as of the first date set forth above.
CITY OF ARROYO GRANDE NKT COMMERCIAL. LLC
/A
&kgoLAs ToMPKiNs,
---..
MANAGING MEMBER
ATTEST: .
INTERIM CITY MANAGER
APPROVED AS TO FORM:
ClTY ATTORNEY
ATTACHMENT 4
Berry Gardens Specific Plan Amendment - Suilareas 3a and 3b
07.15 15
Ptap;-gase and i!Objec$ives
The purpose and objectives for Subareas 3a and 3b of the Berry Gardens Specific Plan include the
following:
a. Implement the goals, objectives, and policies of the City of Arroyo Grande's General Plan;
b. Promote high-quality mixed-use commercial/retail development within the City of Arroyo
Grande's Gateway Mixed-Use District;
c. Increase the City of Arroyo Grande's supply of entry-level/workforce housing stock; and
d. Produce a functional, aesthetically pleasing project that will serve as a landmark in the City of
Arroyo Grande's western gateway and complete build-out of the Berry Gardens Specific Plan.
Subareas De.fii:ied
Subareas 3a and 3b consists of APN 077-131-052 and APN 077-131-054 (reference Exhibit 3-4.A).
Land Use Desiga~altion and P~ropcrrty Drrveak~~lineir~b: Standards
Solaarea 3a --- Mixed-Use Cosnanerciai
Subarea 3a provides for mixed-use commercial/retail and/or office development of approximately 1.24
acres. Unless otherwise specified in this Specific Plan, allowed uses shall be consistent with those allowed
within the Gateway Mixed-Use (GMU) zoning district, subject to the same level of review as required by
Municipal Code Section 16.36.030. All development within Subarea 3a shall conform to the following
standards:
1. Minimum Front Yard Setback (East Grand Ave): Shall be a minimum of 0-5', consistent with the
Design Guidelines and Standards for Mixed-Use Districts. The front yard is that side which is
closest to East Grand Avenue (reference Exhibit 3-4.0).
2. Minimum Street Side Yard Setback (South Courtland Street): Shall be a minimum of 0-5'. The
street yard is that side which is closest to South Courtland Street (reference Exhibit 3-4.8).
3. Minimum interior Side Yard Setback (City Limit Line and Subarea 3b): Shall be a minimum of O-
5'. The interior side yard is that side which is closest to the City Limit Line and Subarea 3b
(reference Exhibit 3-4.0).
4. Minimum Rear Yard Setback (along Subarea 3b): The primary commercial buiidings shall be a
minimum of 0-5'. The rear yard is that side which is closest to Subarea 3b (reference Exhibit 3-
4.8).
5. Maximum Lot Coverage: Shall be 50%, inclusive of all enclosed structures.
6. Maximum Floor Area Ratio (FAR): Shall be 1.5, inclusive of total floor area.
7. Maximum Building Height: Shall be 35'. Total height including any architectural features shall not
exceed 40'.
8. Parking: Shall be provided at a minimum ratio of one (1) space for every 250 square-feet of
commercial building area, with one (1) designated parking space required for each residential
unit, and one (1) shared parking space for each residential unit. The shared spaces will be available
for use by the adjacent commercial uses.
9. Prohibited Uses: The following uses shall be prohibited in Subarea 3, due to the proximity to
residential uses:
* Standalone Coffee Roasters;
Nail Salons;
* Dry-cleaners;
Gasoline stations;
Furniture refurbishinglrefinishing;
* Any use involving the application of spray paint.
10. Lighting: Lighting in Subarea 3a shall be shielded to minimize overflow of light into the adjacent
residential neighborhood of Subarea 3b.
11. Signage: Up to one wall sign per building face. Total area for each tenant's building sign on each
building face shall not exceed 1 K sf of sign area for each linear foot of building frontage for the
business. Consistent with the Design Guidelines and Standards for Mixed Use Districts, additional
awning and hanging signs are encouraged to reflect City Character and pedestrian scale with a
maximum of one awning or hanging sign per building face. Signs are subject to discretionary
review and approval.
Subarea ,313 - ResidenbiaI
Subarea 3b provides for entry-levellworkforce housing residential development of approximately 3.12
acres. All development within Subarea 3b shall conform to the following standards:
1. Maximum Density: Shall be a maximum of 20 units per acre.
2. Minimum Lot Size: Shall be 2,000 square-feet. No subdivision resulting in lots less than this
minimum size shall be allowed.
3. Project Boundary Setbacks:
a. Minimum Project Front Yard Setback (South Courtland Street): Shall be a minimum of 10'.
The front yard is that side which is closest to South Courtland Street (reference Exhibit 3-
4.8).
b. Minimum Project lnterior Side Yard Setback (between Subarea 3a commercial and 3b
residential; between Subareas 3b and 4): Shall be a minimum of 10' (reference Exhibit 3-
4.8).
c. Minimum Project Rear Yard Setback (City Limit Line): shall be a minimum of 10'. The rear
yard of the property is that side which is closest to the City Limit Line (reference Exhibit
3-4.8).
4. lnterior Yard Setbacks:
a. Courtyard/common open space area setback: Shall be a minimum of 8'
b. Side yard setbacks: Shall be a minimum of 4'
c. lnterior private drive setback: Shall be a minimum of 2'
5. Maximum Lot Coverage: Shall be 65%, inclusive of all enclosed structures.
6. Maximum Floor Area Ratio (FAR): Shall be 1.25, inclusive of total floor area.
7. Maximum Building Height: Shall be 35' ortwo (2) stories, whichever is less. Total height including
any appurtenances shall not exceed 40'.
8. Parking: 2 spaces shall be provided per unit within an enclosed garage and guest spaces shall be
provided at a minimum ratio of 0.5 per unit. Two of the guest parking spaces may be provided in
driveways where feasible
9. Minimum Open Space for Subarea 3b: Shall be 35%.
10. Signage: Shall comply with Municipal Code Section 16.60.040-A, Subsections A.l (Single-family
neighborhood identification) and be subject to discretionary review and approval.
East Grand At?ena-ue Frontage
Development of Subarea 3 shall implement objectives of the General Plan, Design Guidelines and
Standards for Mixed-Use Districts, and the project's fair share of the recommendations in the Grand
Avenue Enhancement Plan relating to streetscape character along the East Grand Avenue frontage.
6- uree:: Buiiding and Energy Efficiency
All new development shall be accompanied by a summary outlining energy use calculations, design
features and/or operational measures that exceed minimum standards in order to make the development
more 'green' and energy efficient.
Access alad Circulation
1. Vehicular Access: Vehicular access will be from East Grand Avenue to South Courtland Street
2. Emergency Access: An emergency access driveway will connect Subareas 3b and 4. The design of
which shall be subject to Fire Department approval. Vehicular access to the driveway may be
optionally restricted to emergency vehicles only through the use of bollards, a gate, or other
mechanism approved by the Fire Chief.
3. Fire Access: Shall be provided per the strict application of the California Fire Code and its
appendices, as approved by the Fire Chief.
4. Pedestrian Connections: Sidewalks shall be provided along East Grand Avenue and South
Courtland Street with connections to interior of the site. Pedestrian pathways shall be provided
in Subarea 3b through the neighborhood green. Sidewalks are not required adjacent to the private
drive.
5. South Courtland Street: The private access drive for Subarea 3b shall be aligned with the existing
commercial development driveway across South Courtland Street. Development of each Subarea
shall include widening of South Courtland Street to its ultimate width along that Subarea's
frontage. The southwestern curb return at East Grand Avenue and South Courtland Street shall
be rebuilt as a part of the South Courtland Street widening.
6. Bicycle Lanes: Shall be provided on South Courtland Street along the project frontage
Street Trees and Landscaping
Trees shall be provided along South Courtland Street and East Grand Avenue within 10' of curb edge
where feasible. Internal landscaping for each Subarea shall be subject to discretionary review and
approval and should include drought-resistant plants and low impact development techniques.
Fences ;in~d UialBs
Interior fences and walls shall be limited to 6' in height. To accommodate compact higher density
development, 6'fence may be combined with an 18 inches retaining wall (exposed wall height) on interior
lots.
Retaining walls (exposed wall height) shall be limited to 6' in height with discretionary approval. Fencing
above retaining walls is allowed up to 6'in height (maximum of 12' combined fence and wall height) when
located adjacent to commercial (lots 4 and 23-27) and/or along western edge of property (lots 17-23) to
buffer from large wall expanses of existing buildings. Fencing located adjacent to commercial and/or along
the western edge of the property shall be double sided.
Perimeter fencing or walls along the East Grand Avenue and South Courtland Street frontages shall be
limited to 3.5' in height unless the portion over 33, up to 6', is 75% light emitting, or combined with a
raised planter. All fences and walls shall be subject to discretionary review.
Storm Drainage and Water Quality Facilities
Each drainage subarea shall incorporate post-construction storm water management measures consistent
with Regional Water Quality Control Board standards. Project water quality measures shall be provided
on-site and include low-impact design features such as disconnected downspouts, rain gardens and/or
other measures promoting storm water infiltration through surface and/or sub-surface infiltration basins.
Mitigation of post-development peak storm water run-off shall be directed to the east, across South
Courtiand Street to the Poplar Basin, which was designed and built to accommodate development of the
Subareas.
Archirecl~rral Design Guidelines
1. Buildings: No specific architectural theme is required; however all buildings within the Subarea
3a shall reflect a mixed-use commercial character consistent with the Gateway Mixed-Use District
objectives.
2. Site Design: Site design shall include plazas or paseos and contribute to well defined and walkable
street frontage. Buildings should line East Grand Avenue with parking located on the side and/or
rear of building.
3. Parking: Parking within Subarea 3a shall be located away from East Grand Avenue and shared by
multiple owners/uses.
1. Buildings: No specific architectural theme is required; however all buildings within the Subarea
3b shall reflect a residential character and be compatible with the Berry Garden Neighborhood.
Phasing of jDeveiiopmer~t
The two Subareas and/or properties within the Subareas may be developed concurrently or separately,
provided that all applicable requirements are met (emergency access, etc.). Developers will enter into a
development agreement or similar binding agreement, financing or other leverage mechanism with the
City to ensure the commercial parcel will be developed prior to the residential or within a reasonably
sufficient timeframe.
Exhibit 3-4.A - Subareas
Exhibit 3-4.B -Allowed Project Boundary Setbacks
ATTACHMENT 5
I Street or prime real estate space within shopping centers
NP = Not Permitted
52 Table 16.36.030(A) ..- -
P P\
Uses Permitted Within Mixed Use and Commercial Districts w z
P P1 - 0
Permit Required By District
All new commercial buildings or third-story components reqllire a CUP
W o 03 : r
I
IMU = Industrial Mixed Use District (El Camino)
TMU = Traffic Way Mixed Use District
VCD = lGllage Core Downtown District
VMU =Village Mixed Use District
GMU = Gateway Mixed Use District
P =Permitted Use
CUP = Conditional Use Permit
FOMU = Fair Oaks Mixed Use District
HMU= Highway Mixed Use District
OMU =Ottice Mixed Use District
RC = Regional Commercial District
HCO = Historic Character Overlay District (Design Overlay Dis-
trict 2.4)
MUP = Minor Use Permit
PED = Not permitted in pedestrian oriented storefront locations
( on ground floor facing E. Grand Avenue, East/Wesl Branch 1
Z 0
u m
i-' - a
Allowed Land Uses and Permit
Requirements-LAND USE
Lodging-Hotel or motel
Lodging-Rcrreational Vehicle
(Rp Park
TMU
D-2.11
CUP
NP
IMU
NP
NP
Vacation ieltals and homesrays
C. INDUSTRY, MANUFAC-
TURING AND PROCESS-
ING. WHOLESALING,
STORAGE
Agiicultural product processing
Construction yard
Diive-th services
Furniture and ritures manu-
factuiing, cabinet shop
Industrial research and dcvel-
opment
VCD
HCO
D-2.4
C W
NP
NP
CUP
MUP
NP
MUP
CUP
VMU
D-2.11
NCO
D-2.4
CUP
NP
MUP
CUP
NP
CUP
NP
NP
GlMZ1
CUP
NP
MUP
NP
NP
NP
NP
NP
FOMU
CUP
NP
MUP
CUP
NP
CUP
NP
NP
KMU
CUP
NP
MUP
NP
NP
NP
NP
NP
OMUL
D-2.20
CUP
NP
MW
NP
MUP
NP
MUP
NP
RC2
NP
NP
Specific Use Staodards
md other references
See Generai Plan Pol-
icy LU7-4
MUP
NP
NP
CUP
NP
NP
MUP
NP
NP
CUP
NP
NP
NP
NP
NP
CUP
NP
NP
16.52.230
16.52.240
16.52.095
16.52.095
16.52.095
16.52.095
oned Land 1:s and Permit
within 200 feet of E.
Grand Avenue Front-
VCD
HCO
D-2.4
Allowed Lnnd Usrr nnd Permit ThlU
Requiremen*-LAND USE / IMU 1 D-2.11
D-2.11
HCO
D-2.4
Specific Use Standards
aod other references GMU FOMU
Building and iandrcapemateii- I MTIP I MUP CUP
MUP
NP
MUP
NP
MUP
CllP
-
MIJP -
NP
MUPI
PED -
MUP -
CUP
MUP
-
MUP -
NP
MUP
MUF
CUP
MUP -
CUP
MUP -
CUP
MUP -
CUP
MUP -
NP
MUP MUP
CUP
MUP
Permit
required
as identi-
fied by
iinderly-
ing land
use
CUP
CUP
MUP
MUP
CIJP
CUP
MUP -
NP -
CUP -
Permit
required
as identi-
fied by
underly-
ing lad
use -
NP
-
NF -
MUP
-
CUP
-
NP
-
NP
MUP -
CUP -
CUP -
Permit
required
as idcnti-
ficd by
undcrly-
ins land
US* -
NP
-
NF -
P
-
P
Farmers market CUP MUl' MUP -
NP For
D-2.4
-
Nl'
-
NF -
P
-
CUP
CUP CUP -
Pest
required
as identi-
fled by
underly-
ing land
use -
NP
-
NP -
P
-
MUP
Formula Businew Permit Permit
required required
as identi- as identi-
fied by fied by
underly- underly-
ing land ing land
use use
NP
NP
NP
P
MUP
Permit
required
as identi-
iied by
undeiiy-
ingland
use -
NP
-
NP -
P
-
MUP
Fuei dealer (propane for hame CUP CUP
and fum use)
Gas station CUP CUP
General retail-5,000 sf or less NP h4LT
16.52.170
Sedion 8.38
P-Subject to Business
License clearance
Section 8.38
P-Subject to Business
License clcaance
I I
General retail - 5,001 to 19,999 NP CUP
Sf
Note: Maximum
Bnilding Size peridis-
trim. Section 16.52.22C
and Section 8.38
General retail - 20,000 sf to
102,500 sf I N1' I CZJP
-
NP
CUP
-
NF General Retail-Restricted Subject to Section
16.52.030 for location
parameters and devel-
ooment standards
Nlowed LandUses and Permit
Requjremenfs-LANU USE
Groceries, specialty foods -
20,000 sf or less
Groceries, specialv foods
20,000 $5 lo 102,500 sf
Outdoor retail sales and aclivi-
ties
Mobile home, boat, or KV sales
Produce stand
Restaurant, cafb. Coffee shop
Second hand store
Shoppirig center
Warehouse retail
E. RECREATION, EDUCA-
1-ION & PUBLIC ASSE.M-
BLY USES
Bar/tauedni&t club
Club, Iodgq private meeting
hail
Cornmucia! recreation or
sports facility - Indoor
Commercial remeatioil or
s orts facilit - Outdoor
Park, playground NP CUP CU-P I CUP Clip CUP CW CUP iiP
IML!
NP
NP
MUP
MUP
MUP
CUP
NP
NF
CUP
CUP
NP
CUP
CUP
MU
D-2.11
MUP
CUP
MUP
CUP
MUP
MUP
NP
NP
CLIP
CUP
MUP
MUP
CUP
VCD
HCO
D-2.4
CUP
NP
MUP
NP
MUP
MUP
MUP
NP
NP
CUP
MUP
CUP
NP
YiMU
D-2.11
HCO
D-2.4
CUP
NP
MUP
NP
MUP
MUP
MUP
CUP
NP
CUP
CUP
CUP
CUP
GWW
MUP
MUP
CUP
NP
MUP
MUP
MUP
CUP
NP
CUP
MUPI
PED
CUP
NP
FOW1U
MUP
ivrUP
CUP
NP
MUP
MUP
MUY
CUP
CUP
CUP
MUP
CUP
CIJP
Specific Use Standards
and other referencer
Note: Maximum
Building Size peridis-
tiict and Section
16.52.220
16.52.220
16.52.IRO I,U7-4
16.52.160
EEMU
MUP
h'iUP
MUP
CUP
MUP
MUP
MUP
NP
CUP
CUP
MUP
MUP
CUP
0MU1
0-2.20
CllP
NP
NP
NP
MU P
MUP
MUP
NP
NP
NP
CUP
NP
NP
RCZ
MUP
CUP
CUP
NP
CUP
CUP
NP
CUP
CUP
CUP
NP
CUW
PED
NP
YiMU
D-2.11
HCO
0-2.4
CUP
OMU'
D-2.20
VCD I 'IMU 1 HCO
RC2
9 Atlotied Land Usts and Permit 1 Requicmemts--l,AND USE -
Religious facility
Spedfie Use Staodards
aod other references GMU *- CUP
Assisted Living
CUP NP
MUP
CUP
CUP
MUP
CUP
MUP CUP1 CUP
MUP
CUP
MUP I MUP MUP
NP NP NP CUP
I I
NP I NP I CUP CUP
IIome occupation
Multi-family housing not lo-
cated nitbin a mined use pioj-
P
CUP
MUP
CUP (on
lots
>20.000
squaic
feet
CUP
P
CUP (on
lots
>20.000
squae
feet)
CUP
Minimum density
(75% of total density
allowed by district)
required by Housing
Element is not re-
quired on lots fronting
E. Grand Ave, E.
Branch Street or in
HMU or IMU dis-
trict~
hlinimum density
(75% of totai density
allowed by district)
required by Housing
Element is not re-
quired on lots fmnting
E. Grand Avo.. E.
Multi-family housing in a
mkcd use project
MUP
Branch Street or in
HiMU or IMU dis-
Allowed Land User and Permit
Requirements-LAUD USE
Residential care facility, 6 or
less clients
Residential cue facilit!: 7 or
more clients
Single family residential within
a mixed use project
I Reqilirments of this section supercede corresponding ieqllirernents in the PD 1.1 district.
2 Requiiements of this section snpercede conesponding requirements in the PD 1.1 district and PD I .2 disnict.
3 Diive-through retail only allowed within shopping centers with three or more major tenants
IMU
NP
PI'P
NP
VCD
HCO
D-2.4
MII1'1
PED
CUP/
PED --
NP
TiMU
D-2.11
NP
NP
NP
TWIU
D-2.11
HCO
D-2.4
MUP
CUP
- ~~
MUP
GPlU
MUP/
FED
CUP/
PED
NP
FOlMU
MUP
CUP1
PED -
NP
KMU
NP
NP
-
NP
Specific Use Standards
md other references
~~p ~
O.MU1
D-2.20
MUP
CUP
-
NP
RC"
NP
NP
NP
ATTACH RIEN'i F
Courtland and Grand Mixed
Use Project
Prepared for:
City of Arroyo Grande
Prepared by:
COURTLAND AND GRAND MIXED USE PROJECT
Prepered For:
Ci OOf Arroyo Granda
SW E. Bwnch Street
kroyo Grancle, Ca 93420
Prepamd By:
Omni-Means, Ltd.
943 Reserve Drive, Suite 100
Rosevilie, Ca 95678
916-782-8688
TABLE OF CONTENTS
Introduction 3
. . . . Exksttng Conditions 5
Existing Transportation Syste 5
Data Collection & Existing Traffic Volumes ................................................................ 6
Existing Pedestrian & Bicycle Facilities ............................................................................... 6
Existing Transit Sewices .............. .............................. 6
Traffic Analysis Parameters 7
Existing Traffic Operations ................................................................................. 10
Project Description 13
Project Site Acces 14
Site Access Evaluation 15
Trip Generation & Distribution 15
Existing Plus Project 2 7
. . Cumulative Conditions ................................................................................................................ 19
Cumulative No Project Traffic Volumes ... ......................... 19
Cumulative Plus Projec 21
Project Impacts and Mitigation 24
Existing Plus Project Condiiions 24
. . Cumulative Condktkons ............................................................................................. 24
Courtland and Grand Mix Use Project Page i
City of Arroyo Grande R1923TIA002docx
LIST OF FIGURES
Figure 1: Project Location and Vicinity Ma 4
Figure 2 - Existing Control and Lane Geometrics ....................................................................... I I
Figure 3 - Existing Traffic Volume 2
Figure 4 - Trip Distribution ......................................................................................... 16
Figure 5 - Existing Plus Project Volume 18
Figure 6 - Cumulative No Project Volumes ............ ... .............................................................. 20
Figure 7 - Cumulative Plus Project Volumes .............................................................................. 22
LIST OF TABLES
Table 1: LOS Criteria and Definition For Intersections ................................................................. 8
Table 2: Existing Conditions: Intersection LOS ................. ... .......... ....... ...................................... I0
Table 3: Project Trip Generation ................................................................................................. 15
Table 4: Existing Plus Project conditions: intersection LOS ...................................................... 17
Table 5: Cumulative No Project Conditions: intersection LOS 19
Table 6: General Plan And Proposed Project Trip Comparison ................................................. 21
Table 7: Cumulative Plus Project Conditions: intersection LOS 3
Table 8: Cumulative Plus Project Conditions: Mitigated intersection LOS ........................ .. .... 24
APPENDIX
Project Site Plan
Level of Service Worksheets
CourNand and Grand Mix Use Project Page ii
City of Arroyo Grande R1923TIA002.docx
introduction
This report has been prepared for the City of Arroyo Grande (City) to present the results of a
Transportation Impact Analysis Report (TEAR) performed by OMNI-MEANS for the proposed
Couriiand and Grand Mix Use Project (Project). The proposed project contains 15,600 square
feet, four 650 square feet residentiai units above outdoor plaza, and 38 townhome residentiai
units. Figure I illustrates the project location and vicinity map.
The following scenarios are analyzed as a part of the TIAR, as established in the original Scope
of Work:
Exisfing Condition
e Existing Plus Project Condition
Curnulafive No Project Condition
Cumulative Plus Project Condition
The Existing conditions anaiyzes current traffic operations within the study area. Traffic counts
were taken at all study locations in order to simulate typical weekday conditions during the AM
and PM peak hours.
The Existing Plus Project conditions builds upon the Exisfing conditions analysis by generating
trips for the proposed project over the Existing intersections volumes.
The Cumuiativo No Project conditions analyzes future traffic forecasts using the City of Arroyo
Grande Travel Demand Model, assuming full build-out of the City's General Plan land uses and
circuiation network. The City's General Plan land use on the proposed project site is "Mixed
Use" which allows for development of commercial uses and multi-famiiy housing.
The Cumulative Plus Project conditions analyzes buildout of the City's General Plan with the
proposed project land uses substituted for the allowable development under the General Plan.
Since the proposed project proposes single family housing, the project will require a General
Plan amendment, and will result in a less intense mix of uses than allowed under the existing
Generai Plan. Therefore, the Cumcrlative Pius Project condition will result in fewer new trips
generated at the project site than under the Cu~nulative No Project analysis, which simuiates
buildout of allowable General Plan land uses.
Title of Report Page 3
Client R1923TIA002.docx
Existing Conditions
The City of Arroyo Grande is an incorporated community located with the "Five Cities" area of
San Luis Obispo County, California, The city is located approximately 10 miles south of the City
of San Luis Obispo, aiong the US 1901 coastal corridor. The City is 5.84 square miles in area
and is at an elevation of 114 feet. The City is located contiguous with the incorporated areas of
the City of Pismo Beach to the northwest and the City of Grover Beach to the west. Based on
the data provided by Census 2010, population in the City has increase roughly 1,400 from
15,851 in 2000 to 17,252 in 2010, a 9% increase.
The proposed project is located on the southwest corner of Courtland Street and E Grand
Avenue.
Existing Iranspofi-katisn System
The following roadways provide primary circulation within the City for Arroyo Grande and in the
vicinity of the propose project.
66 'lo1 is a major north-south freeway facility that traverses along coastal California. US 101
serves as the principal inter-regional auto and truck travel route that connects San Luis Obispo
County (and other portions of the Central Coas(with the San Francisco Bay Area to the north
and the Los Angeles urban basin to the south. Within San Luis Obispo County, US 101 provides
major connection between and through several cities. Through the "Five Cities" area of the San
Luis Obispo County, US 101 represents a major recreationai as well as commuter travel route
and has a general four-lane divided freeway cross-section with 65 mph posted speed limits.
Within the City of Arroyo Grande, US 101 forms full-access interchanges with Oak Park
Boulevard, Brisco RoadiHalcyon Road and Grand AvenueIBranch Street as well as direction
interchange access at Traffic Way and Fair Oaks Avenue.
E/ Camino Real is a two to three lane northeast-southwest arterial that operates as a
frontage road on the southwest side to US 107.
Oak Park Boulevard is a general five lane north-south street that runs along the
northwestern City iimit line, defining Arroyo Grande's boundary with the adjacent Cities of
Grover Beach and Pismo Beach, Oak Park Boulevard forms a full-access interchange with
US 101, and extends south of US 101 into the City of Grover Beach, approximately defining
the City of Arroyo Grande's southwestern City limit line. North of the City of Arroyo Grande,
Oak Park Boulevard forks into Old Oak Park Road, which extends north into County lands,
and into Noyes Road which extends in a northeasterly direction to connect with SR 227.
E Grand Avenue is a four to five lane road that runs in the east-west direction. E Grand
Avenue starts at the City Limits and continues east until it connects to SR 227.
Courliand Street is a north-south road that starts at Newport Avenue to the north and
terminates at Ash Street to the south. Courtland Street is a two lane collector roadway.
Elm Sfreel is a north-south road that terminates 500 feet north of Brighion Avenue and
Cabrillo Highway to the south. Elm Street is a two lane collector throughout.
Halcyon Woad is a north-south road that terminates at US 101 to the north and continues
into the City of Callender. Halcyon Road is two iane major collector throughout.
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Data CoBkection 8% Existing Traffic Volumes
The traffic impact analysis for the Courtland and Grand Mix Use Project focuses on seven study
intersections. The study intersections were selected based on consultation with City staff and a
twenty (20) project-trip threshold. consistent with the DraR City Traffic impact Study Guidelines;
whereby a study intersection is analyzed if 20 or more project-generated trips are projected to
travel through it. intersection counts for the AM and PM peak hour were conducted on
Wednesday September 24, 2014. They were the following locations:
1. Oak Park Boulevard & W Grand AvenuelE Grand Avenue
2. Courtland Street & E Grand Avenue
3. Elm Street & E Grand Avenue
4. Brisco Road & E Grand Avenue
5. Oak Park Boulevard & El Camino Real
6. Oak Park Boulevard & CA 101 On RampMl Branch Street
7. Courtland Street & Ash Street
The AM peak hour is defined as the one continuous hour of peak traffic flow counted between
7:00 a.m. and 9:00 a.m., and the PM peak hour is defined as the one continuous hour of peak
traffic flow counted between 4:00 p.m. and 6:00 p.m. under typical weekday conditions.
Existing Pedestrian & Bicycle Facilities
The Ciiy of Arroyo Grande recently adopted the 2012 Bicycle & Trail Master Plan which includes
proposed bicycle and pedestrian trails, as well as on-street bicycle facilities to complete the
partial network already in place in the City and County. The plan encourages the use of walking
and bicycling and recognizes three classes of bikeways:
Class I Multi Use Path typicaily known as bike paths, Class I facilities are multi-use facilities
that provide a completely separated right-of-way for the exclusive use of bicycles and
pedestrians with cross flows of motorized traffic minimized.
Class II Bike Lane known as bike lanes, Class I1 facilities provide a striped and signed lane
for one way bicycle travel on each side of a street or highway. The minimum width for bike
lanes ranges between four and five feet depending upon the edge of roadway conditions
(curbs). Bike lanes are demarcated by a six-inch white stripe, signage and pavement
legends.
Class Ill Bike Route known as bike routes, Class Ill facilities provide signs for shared use
with motor vehicles within the same travel lane on a street or highway. Bike routes may be
enhanced with warning or guide signs and shared lane marking pavement stencils. While
Class Ill routes do not provide measures of separation, they have an important function in
providing continuity to the bikeway network.
In the project vicinity, there are currently Class II Bike Lanes on E Grand Avenue, El Camino
Real, and Oak Park Boulevard. A Class II Bike Lane will be added to Courtland Street to
connect this project to E Grand Avenue and to the Berry Gardens Neighborhood.
Existing Transit Sewices
The City of Arroyo Grande public transportation is provided by South County Area Transit
(SCAT), a branch of San Luis Obispo Regional Transit Authority's (SLORTA). SCAT routes 21
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22, 23, and 24 serve major roadways in the City. Out of those routes, SCAT routes 21 and 24
directly serve the project area with a bus slop that will be relocated in front of the proposed
commercial development on E Grand Avenue. Additionally, route 23 is within close proximity
and will also provided transit options for the development via Oak Park Boulevard. Route 10 is a
regional transit route that is served by these three routes and a park and ride at Halcyon Road
and El Camino Real.
Traffic Alz~aFysis Parameters
This TlAR provides a "planning level" evaluation of traffic condition, which is considered
sufficient for CEQAINEPA clearance purposes. The "planning level" evaluation incorporates
appropriate heavy vehicle adjustment factors, peak-hour factors, and signal lost-time factors.
LOS operations have been determined using HCM-2010 methodologies for determining
intersection delay, incorporating the aforementioned factors. The following subsections outline
the methodology and analysis parameters used to quantify traffic operations at study
intersections.
infersecfion LOS Methodologies
Levels of Service (LOS) have been calculated for ail intersection contra! types using the
methods documented in the Transportation Research Board Publication Highway Capacity
Manual, 2010. Traffic operations have been quantified through the determination of "Level of
Service" (LOS). Level of Service is a qualitative measure of traffic operating conditions, whereby
a letter grade A through F is assigned to an intersection or roadway segment representing
progressively worsening traffic conditions. For signalized intersections and Ali-Way-Stop-
Controlled (AWSC) intersection, the intersection delays and LOS are average values for all
intersection movements. For Two-Way-Stop-Controlied (TWSC) intersections, the intersection
delays and LOS is representative cf those for the worst-case movement. LOS definitions for
different types of intersection controls are outlined in Table 1.
Synchro 8 Modeling
The Synchro Version 8 software suite by Trafficware has been used to implement the HCM-
2010 analysis methodologies. The peak hour capacity tables contained in this report present the
intersection delay and LOS estimates as caiculated using the Synchro software.
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TABLE 2:
LOS CRITERIA AND DEFINiTION FOR INTERSECTIONS
.--
Level Stopped DelayNehicle
of Type of Un Aii-Way
Service F1o.w Dela Maneuverability Signalized eal~zed Stop
VeryYsiight delay. Progression is Turning niovements
A " very favorable, with most are easily made, and <
vehicies arriving during the green nearly all drivers find < 10.0 < 10.0
;; i~ phase not stopping at all. freedom of operation.
Vehicie platoons are
Good progression andlor short formed. Many drivers
B cycle lengths. More vehicles stop begin to feel
than for LOS A, causing higher somewhat restricted and and and
Q)
levels of average delay. within groups of < 20.0 < 15.0 < 15.0
3 V
V) L vehicles.
Hiqher delays resulting from fair
pr6gressionand/or longer cycle Back-ups may
lengths. individual cycle failures behind
may begin to appear at this level. >20.0 >15.0 >15.0
C turning vehicles. Most and and and
The number of vehicles stopping drivers feel somewhat < 35.0 < 25.0 < 25.0
a, is significant, although many still restricted
pass through the intersection
tj z without stopping.
The influence of congestion
becomes more noticeable.
Longer delays may result from
some combination of unfavorable Maneuverabiiity is
progression, long cycle lengths, severely limited >35.0 >25.0 >25.0
? or high volume-to-capacity ratios. during short periods and and and - .-
L
due to temporary Many vehicles stop, and the back-ups,
< 55.0 < 35.0 < 35.0
0 2 g proportion of vehicles not
;i Z 3 stopping declines. Individual
n c 2 G =, L cycle failures are noticeabie.
Generally considered to be tile
limit of acceptable delay. There are typically 5 -
L
Indicative of poor progression, long queues of >55.0 >35.0 235.0
E 0, - long cycle lengths, and iiigh vehicles waiting and and and
J2 m volume-to-capacity ratios. upstream of the < 80.0 c 50.0 < 50.0 -
LO Individual cycle failures are intersection.
i
3 frequent occurrences.
Generally considered to be Jammed conditions.
unacceptabie to most drivers. Back-ups from other
Often occurs with over locations restrict or
saturation. May also occur at prevent movement.
8 'high volume-to-capacity ratios. Volutnes may vary > 80.0 z 50.0 > 50.0 -
U. There are many individual cycle widely, depending
-0
0
failures. Poor progression and principally on the
2 long cycle lengths may also be downstream back-up
0 L major contributing factors, conditions.
Refei-e~ices: 2000 Highway Capacity Manual
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Level of Service Thresholds
The City of Arroyo Grande General Plan Circulation Element specifies minimum level-of-service
standards for all the streets and intersections within the City's jurisdiction. In section CT2, the
City establishes the following performance standards for acceptable LOS:
CT2. AHain and maintain Level of Service (LOS)'C2 or better on all streets and controlled
intersections.
CT2-1 Where deficiencies exist, mitigate to an LOS 'D' at a minimum and plan improvement
to achieve LOS 'C' (LOS 'E' or 'F' unacceptable = significant adverse impact unless
Statement of Overriding Considerations or CEQA Findings approved). The design and
funding for such planned improvements shall be sufficiently definite to enable construction
within a reasonable period of time.
In addition to the City of Arroyo Grande designated LOS "C as the minimum acceptable LOS
standard on City facilities, Caltrans LOS policy for state highways will also be implemented, The
Caltrans published Guide for the Preparation of Traffic Impact Studies (dated December 2002)
states the following:
"Caiirans endeavors to maintain a target LOS at the transition between LOS "C and LOS
"Dm on Slate highway facilities, however, Caltrans acknowledges that this may not be always
feasible and recommends that the lead agency consult with Caltrans to determine the
appropriate target LOS."
Consistent with Caltrans poiicies quoted above and City policies, LOS "C" has been taken as
the general threshold for acceptable operaiions at study intersections and roadway segments
maintained by the City, and LOS "D" has been taken as the general threshold for acceptabie
operations at study intersections and roadways maintained by the State.
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Existing Traffic Operations
The Existing condition analysis investigates current traffic operation within the City of Arroyo
Grande in the vicinity of the project site. Figure 2 shows existing intersection lane geometries
and control, while Figure 3 shows existing peak hour volumes at the study intersections.
Existing AM and PM peak hour intersection traffic operations are quantifies using iiitersection
lane geornetrics and traffic volumes. Table 2 shows the peak hour intersections level of service
operations at study locations under existing conditions.
TABLE 2:
EXISTING CONDITIONS: INTERSECTION LOS
As presented in table 2, ail study intersections are currently operating acceptably.
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xisting Peak Hour Traffic Volumes
Project Description
The proposed project is located south of E Grand Avenue and west of Courtland Street, The
concept for the project is mixed-use small town style in a verticai and horizontal mixed-use
arrangement. However, since the project proposes to construct some single family housing, it
will require a General Plan amendment, as the current "Mixed Use" designation allows for
commercial and multi-family housing only, The full size proposed project site plan is presented
in the Appendix, and is shown in lnse"i below.
INSET 1
PROPOSED PROJECT SlTE PLAN
Ca~rtlanc 8, Grand ARCHlTECTLlaAL SlTE PLP.N r,, . .
The proposed project is divided into two subareas. The northern subarea is primarily
commercial development containing approximately 15,600 square feet of commercial, with four
(4) multi-family residential units above commercial uses. A proposed outdoor plaza will have
dining and public art with a pedestrian-only connection to the southern residential subarea. The
southern residentiai subarea is residentiai and inciudes 38 single family residential units, The
residentiai subarea will have a neighborhood green in the center of the property. A bike path
system will be added to Courtland Street to connect the proposed project to Grand Avenue and
to the Berry Gardens neighborhood.
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Project Site Access
Two project site access alternatives have been proposed. Option "A would include two
driveways on E Grand Avenue. A right turn only one-way ingress off of E Grand Avenue and a
separate right turn only one-way egress west of the ingress would be provided, inset 2 presents
the Option "A" iayout.
fNSET 2
OPTION "A" SITE ACCESS PLAN
Option "B" would propose only one driveway on E Grand Avenue, which would allow both
ingress and egress, and would be restricted to right turns only. Inset 3 presents the Option "B"
layout.
INSET 3
OPTION "8" SITE ACCESS PLAN
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Under either Option "A" or "B", two full-access driveways would be provided off of Courtland
Street. The northernmost driveway would serve the northern, mixed use, subarea. The southern
driveway would serve the residential subarea. No vehicular cross-subarea access is proposed,
however it is anticipated that pedestrian trips between the residential subarea and the mixed
use subarea will occur, creating a project-wide "internal trip" capture.
Site Access Evaluation
From an intersection operations standpoint, either access alternative functions similarly. The
restriction to right turns benefits operations on E Grand Avenue and the addition of new
protected parallel parking stalls will benefit visitors. However; Option "A" has the potential to
introduce confusion as visitors will not be abie to leave the site from the same driveway they
entered, and may attempt to exit via the entrance driveway. Option "8" also benefits transit
access by relocating the bus stop adjacent to the new development.
Trig Generation & Distribution
Consistent with the City's Draft Traffic impact Study Guidelines, project trip generation forecasts
were derived using the Institute of Transportation Engineers (ITE) Generation Manual 9th
Edition. Table 3 presents the estimated trip generation for the proposed land use.
TABLE 3:
PROJECT TRIP GENERATION
As presented in table 3, the proposed project will generate an estimated 69 new AM peak hour
trips and 121 new PM peak hour trips.
Project trip distribution estimates were deveioped using Traffix software using the trips
generated by the ITE Tnp Generation Maniial. Trips were distributed along paths to deveiop
travel patterns that were superimposed on-top of existing conditions at the study intersections.
Figures 4 illustrate the trip distribution of inbound and outbound trips.
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Courtland and Grand Mixed Use Pr
Existing Pius Project
Existing Plus Projecf conditions were developed by superimposing proposed AM and PM peak
hour project-generated trips (Table 3) using the proposed project trip distribution (Figures 4A
and 4B) onto existing traffic volumes (Figure 3). The resulting Existing Plus Project traffic
volumes are presented in Figure 6, intersection analysis was performed assuming the existing
intersection lane geometrics and control types (Figure 2). Table 4 presents the results of the
Existing Plus Project conditions analysis.
TABLE 4:
EXISTING PLUS PROJECT CONDITIONS: INTERSECTION LOS
As presented in Table 4, all study intersections are projected to operate acceptably under
Existing Pius Projecf conditions.
.
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2
3
4
5
6
Courtland St & E Grand Ave
Elm St & E Grand Ave
Brisco Rd & E Grand Ave
Oak Park Blvd &El Camino Real
Oak Park Blvd &CAI01 On RamwNV
Signal
Signal
TWSC
Signal
Sional
C
C
C
C
D
20.6 C
18.1 B
11.5 B
18.7 B
22.8 C
23.0 C
26.4 C
15.5 C
31.9 C
16.2 B
Cumu!ative Conditions
Cumulative conditions refer to an analysis scenario approximately 20 years in the future.
Cumulative conditions were analyzed by deriving traffic volume forecasts using the City of
Arroyo Grande Travel Demand Model, assuming full build-out of the City's Genera! Plan land
uses and circulation inetwork,
Cumulative No Project conditions will assume that the proposed project site is developed
consistent with the existing General Plan land use designation, "Mixed Use", which allows for
commercial and multi-family residential development.
Cumulative Plus Project conditions will be developed by replacing the existing General Plan
land uses on the proposed project site with the proposed project land uses, which include a mix
of commercial, multi-family housing, and single family housing.
Cumulative No Project VraRic Volumes
The existing City Travel Demand Mode! was used to generate the Cumulative base condition
voiumes. Future lane geometries are the same as the existing intersection lane geometries and
control as shown in Figure 2. Figure 6 shows Cumulative No Project peak hour trafic volumes
at study intersections. Table 5 shows the peak hour intersections level of service operations at
study locations under Cumulative No Project conditions.
TABLE 5:
CUMULATIVE NO PROJECT CONDITIONS: INTERSECTlOM LOS
1 TNSC = 1 .a Naa/ SrQp Con,ro
2 -0s = De a, tasea on wrsi rnnnor sffeei appfoacn (21 TNSC snrersecr ~ns averagi or a approscnes for S,gr~
As presented in Table 5, two intersections are projected to operate at unacceptable LOS in
Cumulaiive No Project conditions. The Brisco Road/E Grand Avenue and Oak Park
BoulevardIEl Camino Real intersections are both projected to operate at LOS D in the PM peak
hour. Recommended improvements to mitigate these deficiencies are proposed in the
concluding section of this report.
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Cumu!ative Plus Project
In order to develop Cu~nuiative Plus Project traffic volumes, the trips generated on the proposed
project site according to existing allowabie Generai Plan land uses were estimated using ITE
Trip Generation methodologies, The trip generation of the existing General Plan land uses was
then compared to the trip generation of the proposed project in order to determine the net
change in trip generation resulting from the proposed change in land use, Tabie 6 presents the
trip generation comparison.
TABLE 6:
GENERAL PLAN AND PROPOSED PROJECT TRIP COMPARISON
- Half of 4.35 acre site developes as multi-family residential lnfh a 25 uniWacre density
As presented in Table 6, the proposed project is estimated to generate 25 fewer AM peak hour
trips and 113 fewer PM peak hour trips than the allowabie uses under the existing Generai Pian.
The Ctrmuiative Pius Project traffic volumes were developed by adjusting the Cumulative No
Project traffic volumes downward according to the net difference in trip generation. The resulting
volumes are shown in Figure 7. Tabie 7 presents the LOS at the study intersection in the
Cumulative Plus Project conditions.
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TABLE 7:
CUMULATIVE PLUS PROJECT CONDITIONS: INTERSECTION LO5
As shown in Table 7, the two intersections projected to operate at LOS D in the PM peak hour
during Curnulafive No Projecf conditions are still projected to operate at unacceptable LOS D in
the Cumulative Plus Projecf conditions. Recommended improvements to mitigate these
deficiencies are proposed in the concluding section of this report.
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Project impacts a,nd Mitigations
This sections presents intersection level of service deficiencies and recommended
improvements to mitigate project impacts at the study intersections to LOS "C" or better, The
City is currently considering revisions to the City's General Plan LOS policy, which may include
allowing LOS "D operations. Should the City adopt an LOS "D acceptable operations
threshold, these improvements would need to be revisited to determine their necessity.
Existing Pius Project Conditions
No intersection deficiencies or project impacts were identified in Existing Plus Project
conditions.
Cunruiative Conditions
Under buiidout of the City's General Plan, Cumulative No Project conditions, slightly more traffic
is generated than under the proposed project land uses (Cumuiative Plus Project conditions).
However, under either analysis scenario, the same intersection deficiencies are identified and
the same improvements to mitigate these deficiencies are proposed.
Infersection 4 - Brisco Road at E Grand Avenue
This intersection is projected to operated at LOS D during the PM peak hour. The following
improvements are proposed to mitigate the deficiency expected to occur:
Restripe westbound approach to include a dedicated westbound right turn lane (will
require two 11' travel lanes and a 10' turn lane)
intersection 5 - Oak Park Boulevard af N Camino Real
This intersection is projected to operate at LOS D during the PM peak hour. The following
improvements are proposed to mitigate the deficiency expected to occur:
0 Restripe westbound left turn lane as a shared lewthrough lane;
* Restripe westbound shared throughlright lane to dedicated riglit turn lane;
e Provide overlap phasing for westbound right turn movement; and,
Provide overlap phasing for eastbound right turn movement.
TABLE 8:
GUMiiiATlVE PLUS PROJECT CONDITIONS: MITIGATED INTERSECTION LOS
1 TNSC = T:m A a/ Sroo Cgntro
2 LOS = Ce.a/oaseo or mrs1m nor sl,eer approocr ror TNSC nlersecr 3nF aerage ola a2proacnes for S~gna
3 vl'arranr = 9ase3 u, Cs lorn.a WJTZD I4arrari: 3
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