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Agenda Package - PC_Sep06_2022PLANNING COMMISSION MEETING AGENDA Tuesday, September 6, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Please click the link below to join the Zoom Meeting: https://us02web.zoom.us/j/83255848846 Webinar ID: 832 5584 8846 Or by Telephone: 1-669-900-6833; 1-346-248-7799 In compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this Planning Commission meeting is being conducted in a hybrid in-person/virtual format. Meetings will be broadcast live on Channel 20 and streamed on the City’s website and www.slo-span.org. Members of the public may participate and provide public comment on agenda items during the meeting by joining the Zoom meeting or by submitting written public comments to the Clerk of the Commission at pc- publiccomment@arroyogrande.org. 1.CALL TO ORDER 2.ROLL CALL 3.FLAG SALUTE Commissioner Guthrie 4.AGENDA REVIEW The Commission may revise the order of agenda items depending on public interest and/or special presentations. 5.COMMUNITY COMMENTS AND SUGGESTIONS This public comment period is an invitation to members of the community to present issues, thoughts, or suggestions on matters not scheduled on this agenda. Comments should be limited to those matters that are within the jurisdiction of the Planning Commission. Members of the public may provide public comment remotely by joining the Zoom meeting utilizing one of the methods provided below. Please use the “raise hand” feature to indicate your desire to provide public comment. Click the link below to join the webinar: • https://us02web.zoom.us/j/89129208197; Webinar ID: 891 2920 8197 • Or Telephone Attendee: 1-669-900-6833; 1-346-248-7799; 1-253-215-8782; Press * 9 to “raise hand” for public comment The Brown Act restricts the Commission from taking formal action on matters not published on the agenda. In response to your comments, the Chair or presiding official may: • Direct City staff to assist or coordinate with you. • A Commissioner may state a desire to meet with you. • It may be the desire of the Commission to place your issue or matter on a future agenda. Please adhere to the following procedures when addressing the Commission: • Comments should be limited to 3 minutes or less. • Your comments should be directed to the Commission as a whole and not directed to an individual Commissioner. • Slanderous, profane or personal remarks against any Commissioner or member of the audience shall not be permitted. 6.WRITTEN COMMUNICATIONS Correspondence or supplemental information for the Planning Commission received after Agenda preparation. In compliance with the Brown Act, the Commission will not take action on correspondence relating to items that are not listed on the Agenda, but may schedule such matters for discussion or hearing as part of future agenda consideration. 7.CONSENT AGENDA 7.a.Approval of Minutes (HOLUB) Recommended Action: Approve the Minutes of the August 16, 2022 Regular Meeting. 8.PUBLIC HEARINGS 8.a.Consideration of Development Code Amendment 22-003 Regarding a Permanent Parklet Program (HOLUB) Recommended Action: It is recommended that the Planning Commission adopt a Resolution recommending the City Council adopt an ordinance to implement the permanent parklet program. 9.NON-PUBLIC HEARING ITEMS None. 10.NOTICE OF ADMINISTRATIVE ITEMS SINCE AUGUST 16, 2022 ITEM NO. 1: Architectural Review 22-005; Façade Changes, New Signage and Awning and New Paint Color for a New Business; Location – 203 East Branch St; Applicant – Michael Goodloe, Spallino & Goodloe, LLC After making the findings specified in Section 16.16.130 of the Municipal Code, the Community Development Director approved the above referenced project for alterations to an existing commercial tenant space in the Village Mixed-Use (VMU) zoning district. The deadline to appeal this project is at 5:00 pm on September 7, 2022 ITEM NO. 2: Plot Plan Review 22-017; Construction of a Permanent Outdoor Dining Area; Location – 307 East Branch Street; Applicant – Frank Schiro; Representative – Randy Russom, RRM Design Group After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the construction of a permanent outdoor dining area Village Core Downtown (VCD) zoning district. The deadline to appeal this Page 2 of 53 project is at 5:00 pm on September 7, 2022. ITEM NO. 3: Plot Plan Review 22-038; Establishment of A Homestay in A Single Family Residence; Location – 205 South Mason Street; Applicant – Daneal Nally After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Vacation Rental in the Village Mixed Use (VMU) zoning district. The deadline to appeal this project is at 5:00 pm on September 7, 2022. ITEM NO. 4: Plot Plan Review 22-039; Establishment of A Vacation Rental in an Existing Single Family Residence; Location – 517 Launa Lane; Applicant – Cody Portwood After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Vacation Rental in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on September 7, 2022. ITEM NO. 5: Plot Plan Review 22-034; Establishment Of A Vacation Rental In An Existing Single Family Residence; Location – 331 Garden Street; Applicant – Patricia Daniels After making the findings specified in Section 16.16.080 of the Municipal Code, the Community Development Director approved the above referenced project for the establishment of a Homestay in the Single Family (SF) zoning district. The deadline to appeal this project is at 5:00 pm on September 7, 2022. 11.COMMISSION COMMUNICATIONS Correspondence/Comments as presented by the Planning Commission. 12.STAFF COMMUNICATIONS Correspondence/Comments as presented by the Community Development Director 13.ADJOURNMENT All staff reports or other written documentation, including any supplemental material distributed to a majority of the Planning Commission within 72 hours of a regular meeting, relating to each item of business on the agenda are available for public inspection during regular business hours in the City Clerk’s office, 300 E. Branch Street, Arroyo Grande. If requested, the agenda shall be made available in appropriate alternative formats to persons with a disability, as required by the Americans with Disabilities Act. To make a request for disability-related modification or accommodation, contact the Legislative and Information Services Department at 805-473-5400 as soon as possible and at least 48 hours prior to the meeting date. This agenda was prepared and posted pursuant to Government Code Section 54954.2 Agenda reports can be accessed and downloaded from the City’s website at www.arroyogrande.org If you would like to subscribe to receive email or text message notifications when agendas are posted, you Page 3 of 53 can sign up online through the “Notify Me” feature. Planning Commission Meetings are cablecast live and videotaped for replay on Arroyo Grande’s Government Access Channel 20. The rebroadcast schedule is published at www.slo-span.org. Page 4 of 53 1 ACTION MINUTES MEETING OF THE PLANNING COMMISSION August 16, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Commission Members Present: Chair Glenn Martin, Vice Chair Jamie Maraviglia, Commissioner Jim Guthrie, Kevin Buchanan Commission Members Absent: Commissioner Frank Schiro Staff Present: Planning Manager Andrew Perez, Associate Planner Patrick Holub, Community Development Director Brian Pedrotti Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. _____________________________________________________________________ 1.CALL TO ORDER Chair Martin called the Planning Commission meeting to order at 6:00pm. 2.ROLL CALL Commissioner Schiro absent. 3.FLAG SALUTE Vice Chair Maraviglia 4.AGENDA REVIEW None. 5.COMMUNITY COMMENTS AND SUGGESTIONS None. 6.WRITTEN COMMUNICATIONS None. ATTACHMENT 1 Page 5 of 53 2 7. CONSENT AGENDA 7.a Approval of Minutes (HOLUB) Commissioner Guthrie abstained. Moved by Chair Martin Seconded by Vice Chair Maraviglia Approve the Minutes of the June 7, 2022 Regular Meeting Passed 7.b Approval of Minutes (HOLUB) Vice Chair Maraviglia abstained. Moved by Chair Martin Seconded by Commissioner Guthrie Approve the Minutes of the August 2, 2022 Regular Meeting. Passed 8. PUBLIC HEARINGS 8.a Consideration Of Amendments To Title 16 Of The Arroyo Grande Municipal Code (AGMC) Regarding Accessory Dwelling Units; Development Code Amendment 20-001; Location – Citywide (PEREZ) Planning Manager Perez presented the staff report and responded to Commissioner questions regarding: objective design standards; by-right ADU provisions; fee waivers; the affordable housing trust fund; pre-approved ADU plans; parking and the definition of low income. Community Development Director Pedrotti responded to Commissioner questions regarding front yard ADUs and feasibility. Chair Martin opened the public hearing. Hearing no public comment, Chair Martin closed the public hearing. Moved by Chair Martin Seconded by Kevin Buchanan The Resolution was adopted with the following amendments: 1) Clarify the wording of item 6c; 2) Clarify that the fee waiver apply to family members and zero income renters Page 6 of 53 3 Passed 8.b Consideration of Development Code Amendment 22-003 Regarding a Permanent Parklet Program (HOLUB) Assistant Planner Holub asked the Commission to accept public comment and recommended that the item be continued to a date certain of September 6th in order to allow staff additional time to compile comments received from the Architectural Review Committee. Chair Martin opened the public hearing. Hearing no public comment, Chair Martin closed the public hearing. Moved by Commissioner Guthrie Seconded by Vice Chair Maraviglia Passed 9. NON-PUBLIC HEARING ITEMS None. 10. NOTICE OF ADMINISTRATIVE ITEMS SINCE AUGUST 2, 2022 Received. Assistant Planner Holub answered Commissioner questions regarding the listed approvals on Ide Street. Chair Martin invited public comment. Kevin McCarthy, Garden Street, spoke about issues related to vacation rentals and stated his concerns for older homes becoming rental units. Hearing no further public comment, Chair Martin closed the public comment period. 11. COMMISSION COMMUNICATIONS None. 12. STAFF COMMUNICATIONS None. 13. ADJOURNMENT The Meeting adjourned at 7:03pm. _________________________ Glen Martin, Chair Page 7 of 53 4 _________________________ Patrick Holub, Associate Planner Page 8 of 53 MEMORANDUM TO: Planning Commission FROM: Brian Pedrotti, Community Development Director BY: Patrick Holub, Associate Planner SUBJECT: Consideration of Development Code Amendment 22-003 Regarding a Permanent Parklet Program DATE: September 6, 2022 SUMMARY OF ACTION: Discuss and consider an Ordinance to establish a permanent parklet program and make a recommendation to the City Council. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Future staff costs will be involved for the procurement of new safety barriers and the removal of the existing k-rail. No staff costs are anticipated as part of this review. RECOMMENDATION: It is recommended that the Planning Commission adopt a Resolution recommending the City Council adopt an ordinance to implement the permanent parklet program (Attachment 1). BACKGROUND: The COVID-19 pandemic that began in 2020 created a public health crisis and unprecedented economic impacts throughout the country, State, and at the local level. In the City of Arroyo Grande (City), local businesses have been economically impacted by this public health emergency, especially restaurants, hotels, and retail establishments. This created both a significant challenge for the City - with an urgent need to support both public health and economic recovery of local businesses - as well as a unique opportunity to re-imagine how the City’s public right-of-way can be utilized to improve long-term community vibrancy and economic vitality. In response to the initial COVID-19 reopening process, the City adopted Resolution 5007 on June 23, 2020, authorizing the Community Development Director to waive application fees for encroachment permits and Minor Use Permits/Temporary Use Permits for restaurants that were seeking additional ou tdoor dining space (Attachment 2). Starting in July of 2020, the City facilitated the installation of five temporary parklets for eight individual restaurant businesses in the Village. Al l of Page 9 of 53 Planning Commission Consideration of Development Code Amendment 22 -003 Regarding a Permanent Parklet Program September 6, 2022 Page 2 these parklets remain in use today. Eight other businesses, both in the Village and in other City commercial areas, took advantage of the opportunity to expand outdoor dining within private parking lots, including restaurants that utilized temporary b arricades (concrete K-rail) provided by the City and installed at the City’s expense, in order to remain in business outdoors. All of the temporary barriers used to provide outdoor dining space in parking lots outside of the Village area have been removed. The only temporary street closure that remains in effect is the closure of Short Street between Branch Street and Olohan Alley. Council authorized the continued temporary closure of Short Street at its meeting on May 10, 2022 to provide time to evaluate o ptions for a permanent closure and redevelopment of the area as a pedestrian plaza and park. Existing parklets within the Village displace a total of fourteen (14) parking spaces, which include partial spaces that can only support smaller vehicles. There are a total of sixty- one (61) on-street parking spaces along East and West Branch Streets in the Village. The parking spaces lost to parklets currently account for approximately twenty -three percent (23%) of the on-street parking in the Village. Attachment 3 includes a map of the locations and photos of the existing parklets. On November 23, 2021, the City Council held a study session on the status of the temporary parklet program and discussed the potential for a permanent parklet program. Council expressed concerns with various aspects of parklets, including the number, their proximity to each other, the safety of users, the amount of staff time dedicated to a permanent program, their consistency with the historic downtown, design of the parklets, and costs. Council directed staff to return with the framework of a program that evaluated and provided recommendations on the following issues: 1. Associated costs for application, rent, encroachment, and in-lieu parking; 2. Safety considerations; 3. Suggested design standards; 4. A cap on the number of parklets; 5. A proposed proximity between parklets; 6. Eligibility; and 7. Application and notification procedures On April 12, 2022, the City Council considered the above points and directed staff to return with a permanent parklet program and provided further recommendations regarding each point. The City Council provided comments regarding each point and asked that the Architectural Review Committee (ARC) help develop the objective design standards for the parklets. On August 1, 2022, the ARC reviewed the proposed objective design standards and made a number of recommendations. Minutes for each of these meetings are included as Attachments 4, 5, and 6 to the staff report. Page 10 of 53 Planning Commission Consideration of Development Code Amendment 22 -003 Regarding a Permanent Parklet Program September 6, 2022 Page 3 ANALYSIS OF ISSUES: The City’s temporary parklet program included performance standards aimed at ensuring compliance with ADA standards and safety for the parklet occupants. With the consideration of a permanent parklet program, staff is proposing to implement a series of performance standards, including ADA compliance and design standards, that would address safety considerations and the aesthetic character of the parklets. If City Council ultimately adopts a permanent parklet program, the ordinance will incorporate the approved performance standards. Staff also encourages the permanent parklet program to utilize a consistent looking physical security barrier. The dimensions of the security barriers should all be uniform throughout the City. Each of the security barriers will be purchased and owned by th e City to ensure a uniform design, and leased to future applicants of permanent parklets. Furthermore, staff recommends that no visual obstructions be placed on or above these barriers to ensure a consistent appearance as well as to facilitate traffic and pedestrian safety by removing visual distractions and obstructions. Each of these recommendations is incorporated into the draft ordinance to implement the parklet program. In addition to the size and location of the barriers, staff recommends that the materials chosen for the interior of the parklets (e.g. decking, shade structures, etc.) are consistent throughout the parklet program and consistent with the character of the Village. The Village Design Guidelines specify that “all new projects shall use materials that fit within the character of the Village. Using similar materials or replicating these materials on all projects and restorations will extend the existing character extended throughout the Village” (Attachment 7). Based on these considerations, and after receiving feedback from the ARC, staff is recommending the following performance standards, including parklet design, for consideration and discussion by the Planning Commission: Parklet Location Performance standards for parklet location have been developed through meetings with both the City Council and ARC. The standards included in the draft Ordinance, which is provided as an Exhibit to the prepared Resolution, include requirements that parklets be located only within existing on-street parking spaces, do not obstruct pedestrian or vehicular traffic and are located a minimum distance from street intersections and driveways to facilitate safety for all roadway users. Furthermore, parklets are prohibited in no parking and disabled parking areas, as well as any parking zone that is time-limited to less than thirty (30) minutes. Lastly, parklets shall be located in a manner that does not prevent access to any utility equipment or other public infrastructure. Wherever possible, the parklet shall not extend beyond the building frontage of the business utilizing the parklet. Page 11 of 53 Planning Commission Consideration of Development Code Amendment 22 -003 Regarding a Permanent Parklet Program September 6, 2022 Page 4 Parklet Design Additional objective design standards have been developed to regulate design of the permanent parklets. Included in the draft ordinance are regulations that have been developed from meetings with the City Council and ARC. The proposed regulations include provisions that parklets not occupy more than two parking spaces to promote equity among businesses. Required safety barriers may not exceed forty-two inches (42”) in height and at least eight feet (8’) of vertical clearance to ensure accessibility and functionality of the parklet for users. Architectural elements associated with the parklet shall not exceed the height of the first floor of the adjacent buildin g so views of Village buildings are maintained to the greatest extent possible as to not diminish the feel of the historic district. Parklets shall be located and designed to facilitate ADA compliance, which includes a requirement that parklets incorporate a flush transition between the deck of the parklet and the sidewalk. Reflective delineators are required to be provided to signify the parklet envelope and increase its visibility for motorists. Parklets must be designed to comply with the Village Design Guidelines with regards to materials and colors to be consistent with the existing built environment. Finally, trash storage areas must be screened from the public right of way, emptied regularly and kept in a generally neat and sanitary order to ensure cleanliness. Next Steps If the Planning Commission recommends adoption of the draft ordinance, the next step will be to introduce the draft ordinance to the City Council at a public hearing. That introduction will be followed with an additional public hearing to officially adopt the draft ordinance. If adopted, the ordinance will take effect thirty (30) days from the date the City Council adopts the ordinance. ALTERNATIVES: 1. Approve a Resolution recommending the City Council adopt an Ordinance to establish a permanent parklet program; or 2. Modify and approve the Resolution recommending the City Council adopt an Ordinance to establish a permanent parklet program; or 3. Provide other direction to staff. ADVANTAGES: Recommendation of approval to the City Council will allow the City to adopt a permanent parklet program incorporating the recommendations from the Architectural Review Committee and Planning Commission. DISADVANTAGES: None identified. Page 12 of 53 Planning Commission Consideration of Development Code Amendment 22 -003 Regarding a Permanent Parklet Program September 6, 2022 Page 5 ENVIRONMENTAL REVIEW: In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has determined that the adoption of an ordinance to implement a permanent parklet program is consistent with the City’s General Plan, and theref ore is statutorily exempt from the requirements of CEQA pursuant to Section 15183. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Resolution with Draft Ordinance 2. Ordinance 5007 3. Parklet Map and Photos 4. November 23, 2021 City Council minutes 5. April 12, 2022 City Council minutes 6. August 1, 2022 Architectural Review Committee minutes 7. Village Design Guidelines Page 13 of 53 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING DEVELOPMENT CODE AMENDMENT NO. 22- 003 REGARDING ESTABLISHMENT OF A PERMANENT PARKLET PROGRAM; CITYWIDE WHEREAS, the City of Arroyo Grande (“City”) currently does not allow the placement of permanent parklets within the right of way; and WHEREAS, the purpose of these regulations is to ensure that parklets within the right of way conform to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties; and WHEREAS, the Planning Commission finds that, unless properly regulated, parklets can result in similar adverse impacts to adjacent properties; and WHEREAS, the Planning Commission has considered the proposed Ordinance approving Development Code Amendment 22-003 at a duly noticed public hearing on September 6, 2022; and WHEREAS, it is the purpose of the proposed Ordinance to protect the public health, safety, and welfare of residents within the City by establishing regulations for a permanent parklet program; and WHEREAS, the Planning Commission finds, after due study, deliberation and public hearing, that the proposed Ordinance will further promote the health, safety and welfare of the community by establishing appropriate regulations for the operation of parklets within the right of way of the City to ensure parklets to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council adopt an Ordinance approving Development Code Amendment No. 22-003, amending portions of Title 16 of the AGMC regarding parklets, a copy of which is attached hereto as Exhibit ‘A’ and incorporated herein by this reference; On a motion by Commissioner _______, seconded by Commissioner _______ and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Resolution was adopted this 6th day of September 2022. Page 14 of 53 RESOLUTION NO. PAGE 2 ATTEST: ______________________________ PATRICK HOLUB SECRETARY TO THE COMMISSION ___________________________ GLENN MARTIN CHAIR AS TO CONTENT: _____________________________ BRIAN PEDROTTI DIRECTOR OF COMMUNITY DEVELOPMENT Page 15 of 53 RESOLUTION NO. PAGE 3 EXHIBIT A WHEREAS, the City of Arroyo Grande (“City”) currently does not allow the placement of permanent parklets within the right of way; and WHEREAS, the purpose of these regulations is to ensure that parklets within the right of way conform to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties; and WHEREAS, it is the purpose of the proposed Ordinance to protect the public health, safety, and welfare of residents within the City by establishing regulations for a permanent parklet program; and WHEREAS, the Planning Commission finds that, unless properly regulated, parklets can result in similar adverse impacts to adjacent properties; and WHEREAS, the Planning Commission has considered the proposed Ordinance approving Development Code Amendment 22-003 at a duly noticed public hearing on September 6, 2022; and WHEREAS, on September 6, 2022, the Planning Commission of the Arroyo Grande recommended to the City Council adding Section 16.52.250 to the Arroyo Grande Municipal Code; and WHEREAS, the City Council of the City of Arroyo Grande has, after giving notice thereof as required by law, held a public hearing on __________, 2022, concerning proposed addition of Section 16.52.250 to the Arroyo Grande Municipal Code; and WHEREAS, the City Council of the City of Arroyo Grande, at its regularly scheduled public meeting on __________, 2022 introduced this Ordinance to add Section 16.52.250 to Title 16, Chapter 52 of the Arroyo Grande Municipal Code; and WHEREAS, the City Council has carefully considered all pertinent testimony and the staff report, its attachments and all supporting mate rials referenced therein or offered in the matter as presented at the public hearing. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1: The above recitals and findings are true and correct and incorporated herein by this reference. SECTION 2: Arroyo Grande Municipal Code Section 16.52.250 is hereby added as follows: Page 16 of 53 RESOLUTION NO. PAGE 4 SECTION 16.52.250 – PARKLETS A. Purpose and Intent. The purpose and intent of these regulations is to ensure that parklets located in the City conform to the existing character of the area in which they are located and do not create an adverse impact on adjacent properties. B. Application and Approval. Operators of parklets within the right of way are required to obtain a Minor Use Permit – Plot Plan Review pursuant to AGMC 16.16.080, and an Encroachment Permit pursuant to AGMC Section 13.26. The applicant shall also enter into an Agreement with the City for the rent of City right-of-way, and lease of City-owned protective barriers. C. Performance Standards and Conditions. Location 1. A parklet shall only be located in designated on-street parking areas. 2. A parklet shall not block sight distance at intersections or driveways. Accordingly, a parklet shall not be located less than twenty-five feet (25’) from a roadway intersection, adjacent driveway, or other points of off-street access which require line of sight standards as required by the City’s Engineering Standards. The final location of a parklet will vary based on the proposed parklet design, and shall be subject to review and approval by the Community Development Director. 3. Parklets are prohibited in disabled parking zones, parking areas of thirty minutes or less, and no-parking zones. 4. A parklet may not cover or impede access to any utility equipment, utility pole, fire hydrant, parking permit kiosk, or utility access such as manhole covers, drainage inlets, stormwater drainage flow lines and equipment shelters. 5. The parklet shall not extend beyond the building frontage of the business utilizing the parklet, with the exception that the parklet may extend to a portion of a parking space if written permission is granted by the adjacent building frontage owner. Parklet Design 1. Parklets shall consist of no more than two parking spaces, or forty-feet (40’) in length. Parklets exceeding forty-feet may be allowed if the parklet is intended for the use of more than one eligible business. 2. A parklet’s walls or railing shall not have a continuous height that exceeds forty- two inches (42”) and shall not block views in or out of the parklet. Columns or other vertical framing for overhead elements are permitted. All elements of a parklet shall have a maximum height limit no higher than th e first floor of the adjacent building. All parklets shall maintain a vertical walkway clearance height of at least eight feet (8’). Page 17 of 53 RESOLUTION NO. PAGE 5 3. The depth (dimension measured perpendicular to curb) of a parklet shall be no less than the minimum dimension required to meet ADA accessibility requirements. Portions of the required parklet depth may be located within an existing sidewalk area as long as the sidewalk encroachment does not reduce the pedestrian path of travel to a width of less than four and a half feet (4.5’) in the public right of way. 4. A parklet shall utilize the leased City-owned barriers that ensures public between moving vehicles and parklet users. These barriers shall either be well articulated or allow for plants or vegetation for screening. 5. Parklets shall have a flush transition at the sidewalk and curb to permit easy access and avoid tripping hazards. 6. A parklet shall comply with applicable Americans with Disabilities Act (ADA) accessibility standards. Compliance with ADA standards is required with respect to design elements of the parklet, as well as for adjacent areas that may be impacted by the parklet. Parklets shall use a slip-resistant flooring material to minimize hazards and shall be accessible to wheel-chair users. 7. The four corners of a parklet shall have a reflective element or other clearly visible design feature, such as a soft-hit post, bollard, or raised pavement marker, to illuminate the parklet at night and signify the parklet envelope. 8. Parklets shall be consistent with the Village Design Guidelines 9. The primary materials shall be stone, brick, wood, decorative concrete or composite wood. Wood materials such as lattice and T1 -11 plywood siding, are prohibited. 10. Color schemes shall consist of one primary color and one secondar y color unless natural wood is used. 11. Areas for the storage of trash, recycling, and green waste receptacles shall not be visible from the public right of way and all waste receptacles shall be emptied and maintained by the applicant in a neat and sanitary order. SECTION 3: Arroyo Grande Municipal Code Section 16.04.070 is hereby amended as follows: 16.04.070 Definitions “Parklet” means a small seating area created as a public amenity in a former roadside parking space utilized by a food service business for outdoor dining. SECTION 4: If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision Page 18 of 53 RESOLUTION NO. PAGE 6 shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 5: Upon adoption of this Ordinance, the City Clerk shall file a Notice of Exemption pursuant to 14 CCR § 15062. SECTION 6: 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. SECTION 7: This Ordinance shall take effect thirty (30) days from the date of adoption. On motion of Council Member , seconded by Council Member , and on the following roll call vote to wit: AYES: NOES: ABSENT: The foregoing Ordinance was adopted this 6th day of September 2022. Page 19 of 53 RESOLUTION NO. PAGE 7 ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ WHITNEY McDONALD, CITY MANAGER APPROVED AS TO FORM: ___________________________________ TIMOTHY J. CARMEL, CITY ATTORNEY Page 20 of 53 RESOLUTION NO. 5007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO WAIVE APPLICATION FEES FOR ENCROACHMENT PERMITS AND MINOR USE PERMITS-TEMPORARY USE PERMITS SUBMITTED BY RESTAURANTS SEEKING ADDITIONAL OUTDOOR DINING SPACE DURING THE COVID-19 REOPENING PROCESS WHEREAS, local restaurants have suffered during the shelter-at-home orders issued by the State and County of San Luis Obispo in response to the COVID-19 pandemic, and, although the State has allowed restaurants to reopen, they are required to ensure adequate physical distancing or protective measures installed between tables, resulting in many restaurants being forced to significantly reduce the number of tables and seats available in their existing spaces; and WHEREAS, restaurants seeking additional outdoor dining area not already included in the restaurant's existing land use entitlement are required to obtain a Minor Use Permit- Temporary Use Permit in order to comply with the City of Arroyo Grande's Development Code, and any proposed outdoor dining use of City right of way or other City-owned property will also require an encroachment permit; and WHEREAS, the current application fee for an encroachment permit is $57 and the application fee for a Minor Use Permit-Temporary Use Permit is $294; and WHEREAS, the City does not have an adopted procedure for requests for waivers of application fees in this situation; and WHEREAS, the City wishes to support local restaurants in their efforts to recover and reopen following the COVID-19 shelter-in-place orders and to comply with the State and local physical distancing and other operational limitations by facilitating additional outdoor dining space where otherwise appropriate under existing laws and regulations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Arroyo Grande as follows: 1. The Community Development Director is authorized to waive application fees for encroachment permits and Minor Use Permits-Temporary Use Permits for restaurants seeking additional outdoor dining space during the COVID-10 reopening process. 2. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified copy to be filed in the Office of the City Clerk. On motion of Council Member Paulding, seconded by Council Member Storton, and by the following roll call vote, to wit: AYES: Council Members Paulding, Storton, George, Barneich, and Mayor Ray Russom NOES: None ABSENT: None The foregoing Resolution was approved this 23rd day of June, 2020. ATTACHMENT 2 Page 21 of 53 RESOLUTION NO.50O7 PAGE 2 rr i_ KEITH STORTON, MAYOR PRO TEM ATTEST: i o4eo/L KELLY ET RE, CITY CLERK APPROVED AS TO CONTENT: aede BILL ROBESfrelfi- etINI CTING CITY MANAGER APPROVED AS TO FORM: 4,7 TIMOTHY J. CARMEL, CITY ATTORNEY Page 22 of 53 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5007 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 23rd day of June, 2020. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25th day of June, 2020. KELLY W M RE, CITY CLERK Page 23 of 53 ATTACHMENT 3Page 24 of 53 Parklet Photos Rooster Creek Café Andreini Page 25 of 53 Villa Cantina Humdinger/Village Café/Doc Bernstein Page 26 of 53 Mule Bakery Page 27 of 53 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL November 23, 2021, 6:00 p.m. Zoom Virtual Meeting Webinar ID: 832 5584 8846 ByTelephone: 1-669-900-6833; 1-346-248-7799 Council Members Present: Mayor Ray Russom, Mayor Pro Tem Paulding, Council Member Barneich, Council Member Storton, Council Member George Staff Present: City Clerk Jessica Matson, City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine, Community Development Director Brian Pedrotti, Utilities Manager Shane Taylor, City Engineer Robin Dickerson Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. _____________________________________________________________________ 1.CALL TO ORDER Mayor Ray Russom called the Regular City Council Meeting to order at 6:00 p.m. 2.ROLL CALL City Clerk Matson performed roll call. 3.MOMENT OF REFLECTION 4.FLAG SALUTE Mayor Ray Russom led the flag salute. 5.AGENDA REVIEW 5.a. Closed Session Announcements ATTACHMENT 4 Page 28 of 53 2 City Attorney Carmel announced that the City Council discussed negotiations with real property negotiators and the public employee performance evaluation of the City Attorney, and that there was no reportable action. 5.b. Ordinances read in title only None. 6. SPECIAL PRESENTATIONS 6.a. Update Regarding Countywide COVID-19 Efforts City Manager McDonald provided a brief update on COVID-19 statistics and rapid testing sites. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.b. City Manager Communications City Manager McDonald provided information regarding concerns from the community as it relates to water restrictions and new construction; announced that the holiday parade will be held December 4th and Elegant Christmas in the Village will be held December 5th; and that the City received the Distinguished Budget Presentation Award from the Government Finance Officers Association for the Fiscal Years 2021-23 Biennial Budget. Utilities Manager Shane Taylor responded to questions regarding percentage of indoor water usage verses outdoor. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 6.c. Honorary Proclamation Declaring December 10, 2021 as Human Rights Day Mayor Ray Russom read the Honorary Proclamation Declaring December 10, 2021 as Human Rights Day. Melih Dookie, accepted the proclamation. Mayor Ray Russom invited public comment. No public comments were received. No action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. No public comments were received. 8. CONSENT AGENDA Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. In response to questions from Council regarding Item 8.g., staff provided a status update on the project. Mayor Ray Russom invited public comment. No public comments were received. Moved by Council Member Storton Seconded by Council Member Barneich Page 29 of 53 3 Approve Consent Agenda Items 8.a. through 8.i., with the recommended courses of action. AYES (5): Mayor Ray Russom, Mayor Pro Tem Paulding, Council Member Barneich, Council Member Storton, and Council Member George Passed (5 to 0) 8.a. Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of November 1 through November 15, 2021. 8.b. Statement of Investment Deposits Received and filed the report listing investment deposits of the City of Arroyo Grande as of October 31, 2021, as required by Government Code Section 53646(b). 8.c. Approval of Minutes Approved the minutes of the Special and Regular City Council Meetings of November 9, 2021. 8.d. Adoption of a Resolution Declaring a Continued Local Emergency Related to the Coronavirus (COVID-19) Pandemic Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC". 8.e. Adoption of a Resolution Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies of the City of Arroyo Grande Pursuant to Government Code Section 54953(e)(3) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT GOVERNMENT CODE SECTION 54953(e)". 8.f. Adoption of a Resolution Pursuant to Public Contract Code Section 22050 Determining to Continue Work Under Emergency Contracts for the Storm Drain System at 251 East Grand Avenue Project, PW 2021-12 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DETERMINING A NEED TO CONTINUE WORK UNDER EMERGENCY CONTRACTS TO REPAIR THE STORM DRAIN SYSTEM AT 251 EAST GRAND AVENUE". 8.g. Adoption of a Resolution Accepting Easements and Public Improvements for the East Cherry Avenue Specific Plan Project: Final Tract Map 3081 Constructed by Wathen Castanos Homes Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS FOR THE EAST CHERRY AVENUE SPECIFIC PLAN PROJECT; GENERAL PLAN AMENDMENT 15- Page 30 of 53 4 001; SPECIFIC PLAN 15-001; FINAL TRACT MAP 3081 (VESTING TENTATIVE TRACT MAP 15-001); CONDITIONAL USE PERMIT 15-004; AND PUD 15-001 CONSTRUCTED BY WATHEN CASTANOS HOMES". 8.h. Approve an Amendment to the Fiscal Year 2021-22 Capital Improvement Budget for the Castillo Del Mar Street Extension Project, PW 2020-05 Approved an amendment to the Fiscal Year 2021-22 Capital Improvement Program budget to transfer $20,000 of Local Sales Tax funds from fund balance to the subject project. 8.i. Monthly Water Supply and Demand Update Received and filed the Monthly Water Supply and Demand Report. 9. PUBLIC HEARINGS None. 10. OLD BUSINESS 10.a. 2021 Water Supply Alternatives Study Update Assistant City Manager/Public Works Director Robeson introduced the item, and JJ Reichmuth, MKN Associates, provided a presentation regarding current water supply alternatives. Utilities Manager Taylor discussed recommended alternatives and next steps. Staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public was Jeff Edwards. No further public comments were received. City Manager McDonald commented on the need to evaluate staff capacity to put forward a ballot measure. Moved by Mayor Ray Russom Seconded by Council Member Barneich To direct staff to pursue the following short-term and long-term water supply alternatives to the preliminary negotiation and agreement stage: a) Continue participation in CCB at the 25% entitlement level; b) Partner with OCSD on a short-term water supply agreement; c) Pursue an emergency connection with Golden State Water Company; add d) Pursue a State Water ballot measure for 2022; and to approach potential agricultural customers to discuss exchange of recycled water for reduced pumping (“Scalping Plant” Concept) and continue to engage with County staff in case Nacimiento or State Water is available in future. Mayor Ray Russom called for a brief break at 7:54 p.m. The Council reconvened at 8:00 p.m. 11. NEW BUSINESS 11.a. Study Session on the City’s Temporary Parklet Program and Options for Potential Permanent Parklet Programs Page 31 of 53 5 Assistant City Manager/Public Works Director Robeson introduced the item and Community Development Director Pedrotti provided a background on the parklet program and presented options for a potential permanent parklet program. Staff responded to questions from Council. Mayor Ray Russom invited public comment. Speaking from the public were Denise Andreini, Henry Gonzalez, and Stephanie Burkard. No further public comments were received. Council provided direction to staff to continue the existing Temporary Parklet Program; to develop a long-term parklet program for Council consideration, including a proximity test, developing the permit type, objective design guidelines, proposed fee schedules, and amendments to the City Municipal Code required to continue with a permanent program; and to conduct a detailed cost analysis for materials (barriers), installation, staff time, outside services (trucking/delivery), ongoing maintenance, replacement of damaged barriers, etc. 12. CITY COUNCIL REPORTS The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City’s appointed representative. 12.a. MAYOR RAY RUSSOM: There is a citizen's initiative for all fee increases and public employee salary increases to go to the people for a vote. 12.b. MAYOR PRO TEM PAULDING: The Air Pollution Control District (APCD) met and reported that emissions are down. 12.c. COUNCIL MEMBER BARNEICH: The Homeless Services Oversight Council met and reported receipt of approximately $2 million for San Luis Obispo County in round 3 of the Housing Assistance Program Grant. The Zone 3 Water Advisory Board met and reported water levels at Lopez Lake are currently at 14,000 Acre Feet and that cloud seeding could not take place during the last storm. 12.d. COUNCIL MEMBER STORTON: The County is no longer a member of the Integrated Waste Management Authority (IWMA), cities are ratifying their membership, and the IWMA is working on a new Joint Powers Agreement. 12.e. COUNCIL MEMBER GEORGE: The Community Action Partnership SLO Board met and reported the need for an adult day center in San Luis Obispo County. The Regional Water Initiatives Committee has not met in three years and consideration should be given to removing it from the appointments list. 13. COUNCIL COMMUNICATIONS Council Member Barneich commented on Adult Day Program options. 14. CLOSED SESSION None. Page 32 of 53 6 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 9:48 p.m. in honor of former Arroyo Grande Mayor, Sandy Lubin. /s/Caren Ray Russom, Mayor ATTEST: /s/Jessica Matson, City Clerk (Approved by CC 12-14-2021) Page 33 of 53 1 ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL April 12, 2022, 6:00 p.m. Hybrid City Council Chamber/Virtual Zoom Meeting 215 East Branch Street, Arroyo Grande Council Members Present: Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, Council Member Storton Staff Present: City Attorney Timothy Carmel, City Manager Whitney McDonald, Assistant City Manager/Public Works Director Bill Robeson, Administrative Services Director Nicole Valentine, Assistant Planner Patrick Holub, Community Development Director Brian Pedrotti, Police Chief Michael Martinez, Police Commander Zak Ayala, Police Commander Shawn Cosgrove Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was conducted in a hybrid in-person/virtual format. _____________________________________________________________________ 1.CALL TO ORDER Mayor Pro Tem George called the Regular City Council Meeting to order at 6:00 p.m. 2.ROLL CALL Acting Clerk Holub performed roll call. 3.MOMENT OF REFLECTION 4.FLAG SALUTE Rachel Cloud, Exchange Club of the Central Coast, led the flag salute. 5.AGENDA REVIEW It was recommended to hear Item 9.a. after Item 11.a. The Council concurred. 5.a Closed Session Announcements ATTACHMENT 5 Page 34 of 53 2 None. 5.b Ordinances read in title only Mayor Pro Tem George moved, Council Member Barneich seconded, and the motion passed unanimously by voice vote that all ordinances presented at the meeting be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS 6.a Update Regarding Countywide COVID-19 Efforts City Manager McDonald provided a brief update on COVID-19. Mayor Pro Tem George invited public comment. No public comments were received. No action was taken on this item. 6.b City Manager Communications City Manager McDonald highlighted the Annual Egg Hunt and Ribbon Cutting Ceremony for the new basketball court at Strother Park; and upcoming items for Council consideration. Mayor Pro Tem George invited public comment. No public comments were received. No action was taken on this item. 6.c Honorary Proclamation Declaring the Month of April 2022 as "Sexual Assault Action Month” Mayor Pro Tem George read the Honorary Proclamation Declaring the Month of April 2022 as "Sexual Assault Action Month". Shawn Freeman, Lumina Alliance, accepted the proclamation. Mayor Pro Tem George invited public comment. No public comments were received. No action was taken on this item. 6.d Honorary Proclamation Declaring April 29, 2022 as "Arbor Day" Mayor Pro Tem George read the Honorary Proclamation Declaring April 29, 2022 as "Arbor Day". Bill Robeson, Assistant City Manager/Public Works Director, accepted the proclamation. Mayor Pro Tem George invited public comment. No public comments were received. No action was taken on this item. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Pro Tem George invited public comment. No public comments were received. 8. CONSENT AGENDA Mayor Pro Tem George asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. Item 8.e. and 8.g. were pulled for separate vote. Page 35 of 53 3 Council made comments on Items 8.c., and 8.e. Council Member Barneich referred to Item 8.d. and requested staff look into the possibility of cancelling the last City Council meeting in June rather than the first meeting in July so that it flows into the Fourth of July holiday. Council Member Storton concurred. Mayor Pro Tem George invited public comment. Speaking from the public were Jim Guthrie and Gaea Powell. No further public comments were received. Moved by Council Member Paulding Seconded by Council Member Storton Approve Consent Agenda Items 8.a. through 8.n., with the exception of Items 8.e. and 8.g., with the recommended courses of action. City Attorney Carmel read the full title of the Ordinance in Item 8.j. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) 8.a Consideration of Cash Disbursement Ratification Ratified the listing of cash disbursements for the period of March 1 through March 15, 2022. 8.b Consideration of Statement of Investment Deposits Received and filed the report listing investment deposits of the City of Arroyo Grande as of February 28, 2022, as required by Government Code Section 53646(b). 8.c Consideration of Acceptance of the Annual Comprehensive Financial Report, Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports Received and filed the Annual Comprehensive Financial Report (ACFR), Single Audit, and Audit Report for the Transportation Development Act Transportation Fund Reports for the fiscal year ended June 30, 2021. 8.d Consideration of Cancellation of July 12, 2022 City Council Meeting Cancelled the regularly scheduled Council meeting of July 12, 2022. 8.f Consideration of Rotational Schedule for the South County Chambers of Commerce Monthly Arroyo Grande Business Meeting Considered and approved the list of City Council rotational assignments for attending the South County Chambers of Commerce monthly Arroyo Grande Business Meeting. 8.h Approval of Minutes Approved the minutes of the Regular City Council Meeting of March 22, 2022, as submitted. 8.i Consideration to Declare Police and Public Works Surplus Property Page 36 of 53 4 Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING VEHICLES AND EQUIPMENT AS SURPLUS AND AUTHORIZING THEIR SALE OR DISPOSAL". 8.j Consideration of Adoption of an Urgency Ordinance Establishing a Military Equipment Use Policy in Accordance with the Requirements of AB 481 Adopted an Urgency Ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA ESTABLISHING A MILITARY EQUIPMENT USE POLICY AND DECLARING THE ORDINANCE TO BE AN URGENCY ORDINANCE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION". 8.k Consider Approval of Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc., to Comply with the Requirement Approved Amendment #3 to the Amended and Restated Solid Waste Collection Franchise Agreement for Solid Waste, Recyclable Materials, and Organic Materials Collection with South County Sanitary Services, Inc. 8.l Consideration of Adoption of a Resolution Declaring a Continued Local Emergency Related to the COVID-19 Pandemic and Authorizing the Continuance of Remote Teleconference Meetings of the Legislative Bodies Pursuant to Government Code Section 54953(e)(3) Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DECLARING A CONTINUED LOCAL EMERGENCY RELATED TO THE CORONAVIRUS (COVID-19) PANDEMIC AND AUTHORIZING THE CONTINUANCE OF REMOTE TELECONFERENCE MEETINGS OF THE LEGISLATIVE BODIES OF THE CITY OF ARROYO GRANDE PURSUANT TO GOVERNMENT CODE SECTION 54953(e)". 8.m Consideration of Approval of Amendment to the Agreement for Consultant Services with GHD to Expand Scope of Services to allow for the Completion of the Halcyon Road Complete Streets Plan Approved and authorized the Mayor to execute the Amendment to Agreement for Consultant Services with GHD for the completion of the Halcyon Road Complete Streets Plan. 8.n Consideration of Adoption of a Resolution Approving Fiscal Year 2023 Community Project Funding Request for the Swinging Bridge Project Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING THE FISCAL YEAR 2023 COMMUNITY PROJECT FUNDING REQUEST FOR THE SWINGING BRIDGE PROJECT APPLICATION UNDER THE FEDERAL COMMUNITY PROJECT AND/OR FEDERAL APPROPRIATION SUBCOMMITTEE PROGRAMS", and designate the City Manager or her designee as the City’s signature authority to take all actions necessary to seek and apply for the funding opportunities. 8.e Consideration of Appointments to the Arroyo Grande Tourism Business Improvement Advisory Board Page 37 of 53 5 Moved by Council Member Storton Seconded by Council Member Paulding Appoint Myraline Morris Whitaker to the Arroyo Grande Tourism Business Improvement District Advisory Board. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) 8.g Consider Adoption of an Ordinance Adding Chapter 2.21 to Title 2 of the Arroyo Grande Municipal Code (AGMC) Establishing By-District Elections for Four Council Members, Defining District Boundaries, and Scheduling the Order of Elections for Each District Moved by Council Member Storton Seconded by Council Member Barneich Adopt an Ordinance entitled "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, ADDING CHAPTER 2.21 TO TITLE 2 OF THE CITY OF ARROYO GRANDE MUNICIPAL CODE ESTABLISHING BY-DISTRICT ELECTIONS FOR FOUR COUNCIL MEMBERS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING THE ORDER OF ELECTION FOR EACH DISTRICT". City Attorney Carmel read the full title of the Ordinance. AYES (4): Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton NOES (1): Mayor Ray Russom Passed (4 to 1) 9. PUBLIC HEARINGS 9.a Resolution Updating Operating Fees Set Forth in the Master Fee Schedule Item 9.a. was heard after Item 11.a. Administrative Services Director Valentine presented the staff report and recommended Council adopt a Resolution updating operating fees set forth in the Master Fee Schedule, effective June 13, 2022. Mayor Pro Tem George opened the public hearing. Upon hearing no public comments, Mayor Pro Tem George closed the public hearing. Moved by Council Member Storton Seconded by Mayor Ray Russom Adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE UPDATING OPERATING FEES set forth IN THE MASTER FEE SCHEDULE". Page 38 of 53 6 AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Passed (5 to 0) 10. OLD BUSINESS 10.a Consider Potential Permanent Parklet Program Item 10.a. was heard out of order. Community Development Director Pedrotti presented the staff report and Assistant City Manager/Public Works Director Robeson provided comments regarding safety as it relates to traffic on East Branch Street and the use of parklets. Staff responded to questions from Council. Mayor Pro Tem George invited public comment. Speaking from the public were Lee Samways, Dr. Charles Chadwell, Jim Guthrie, Tammy Price, Denise Andreini, who also read a letter from Amanda and Chandler Craner, and Pat Cusack, Henry Gonzalez, and Riley Taylor. Acting Clerk Holub acknowledged supplemental information received and read into the record written comments received from Alexandra Hagen, Lisa Portwood, Kristen Johnson, Aja Castilleja, Stewart and Lori Morse, Aimee Armor-Avant, Heidi Ambrose, Rebecca Richards, Colleen Tooley, Brenda Auer, Renee Westerhuis, and Toni Pelletier. No further public comments were received. Council provided direction to staff. No action was taken on this item. 11. NEW BUSINESS 11.a Consider Request from South County Sanitary Service for Integrated Solid Waste Collection Rate Increase Mayor Pro Tem George called for a brief break at 7:54 p.m. The Council reconvened at 8:00 p.m. Administrative Services Director Valentine introduced Bill Statler, Rate Review Consultant, who spoke about the rate review process and findings and responded to questions from Council. Mayor Pro Tem George invited public comment. Speaking from the public were Jeff Clarin, Jim Guthrie, and Jeff Stevens. No further public comments were received. Moved by Council Member Storton Seconded by Council Member Paulding 1) Set a public hearing for June 14, 2022, to consider adjusting the waste collection services rates for June 15, 2022, January 1, 2023 and January 1, 2024; and 2) Direct staff to prepare and distribute a Proposition 218 notice with a delayed implementation start date of May 1, 2022, for the proposed waste collection services rate increases. AYES (5): Mayor Ray Russom, Mayor Pro Tem George, Council Member Barneich, Council Member Paulding, and Council Member Storton Page 39 of 53 7 Passed (5 to 0) 12. COUNCIL COMMUNICATIONS Mayor Ray Russom commented on design of directional signs. Staff commented that this will be included in future reports to Council. 13. CLOSED SESSION None. 14. ADJOURNMENT There being no further business to come before the City Council, Mayor Pro Tem George adjourned the meeting at 10:22 p.m. _________________________ Caren Ray Russom, Mayor _________________________ Jessica Matson, City Clerk Page 40 of 53 1 ACTION MINUTES MEETING OF THE ARCHITECTURAL REVIEW COMMITEE August 1, 2022, 2:30 p.m. Hybrid City Hall Conference Room/Virtual Zoom Meeting 300 East Branch Street, Arroyo Grande Committee Members Present: Jon Couch, Lori Mainini Hall, Kristin Juette, Warren Hoag, Bruce Berlin Staff Present: Community Development Director Brian Pedrotti, Planning Manager Andrew Perez, Associate Planner Patrick Holub Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. _____________________________________________________________________ 1.CALL TO ORDER Chair Hoag called the Meeting to order at 2:50 pm. 2.ROLL CALL Chair Hoag performed the roll call. Committee Member Couch was absent. 3.F LAG SALUTE Committee Member Hall 4.AGENDA REVIEW None. 5.COMMUNITY COMMENTS AND SUGGESTIONS None. 6.WRITTEN COMMUNICATIONS Chair Hoag acknowledged the distribution of Supplemental Memo No. 1 prior to the meeting. 7.CONSENT AGENDA 7.a Approval of Minutes (PEREZ) ATTACHMENT 6 Page 41 of 53 2 Moved by Bruce Berlin Seconded by Lori Mainini Hall Approve the Minutes of the June 20, 2022 Regular Meeting with the correction to Planning Manager Perez's title. AYES (3): Lori Mainini Hall, Warren Hoag, and Bruce Berlin ABSTAINED (1): Kristin Juette ABSENT (1): Jon Couch Passed (3 to 0) 8. PROJECTS 8.a Consideration of Architectural Review 22-007; Exterior Alterations to an Existing Residence; Location – 121 Nelson St; Applicant – Billy Kilmer; Representative – Jennifer Martin (PEREZ) Planning Manager Perez presented the staff report and provided information about the project location, details, materials, and colors. He also noted that the project was subject to the Village Design Guidelines and which guidelines were specifically applicable to the proposal. Jennifer Martin, project architect, and Billy Kilmer, property owner spoke in support of the project and explained the purpose of the project. Ms. Martin presented a slightly different tone of yellow, called Cachet Cream, as the proposed base color. The applicants also answered a question about the future development potential of the site and landscaping. Committee Member Couch joined the meeting at 2:57 pm. The Committee spoke in support of the project and appreciated the rehabilitation of an existing dwelling in the Village to help maintain the character of the neighborhood. The Committee found the project details in conformance with the Design Guidelines and was supportive of the color presented at the meeting. Moved by Bruce Berlin Seconded by Lori Mainini Hall The Architectural Review Committee (ARC) recommends that the Community Development Director approve the project as submitted. AYES (5): Jon Couch, Lori Mainini Hall, Kristin Juette, Warren Hoag, and Bruce Berlin Passed (5 to 0) Page 42 of 53 3 9. DISCUSSION ITEMS 9.a Review of Objective Design Guidelines for Permanent Parklet Program (HOLUB) Associate Planner Holub presented the staff report and explained the existing status of the temporary parklet program and direction provided by City Council at its study session. Associate Planner Holub also summarized the proposed design standards and the purpose for each of those standards. The Committee agreed with staff that safety is a priority when developing these standards. The Committee spoke in support of the proposed standards and discussed height, width, colors, and landscaping within parklets. The Committee also discussed a program in which the property owner could install permanent street improvements such as curbing and bollards as a safety element to develop a permanent outdoor dining area. The following modifications to the standards were recommended by the ARC: 1) Limit parklet width to the width of the storefront in which it serve, but not more than 40 feet. This may be flexible considering the parking spaces do not exactly align with each business frontage 2) Allow more flexibility for colors by not requiring a primary and secondary color. 3) Limit height of parklets to the first floor to maintain view of Village buildings 4) Use traffic rated barriers that are either well articulated or allow for plants/vegetation 10. COMMITTEE COMMUNICATIONS Committee Member Hall notified the Committee that she will be absent from the second regular meeting in September through at least the first regular meeting in October. 11. STAFF COMMUNICATIONS Planning Manager Perez announced that the Planning Commission will consider amendments to the short term rental ordinance at its meeting on August 2, 2022. 12. ADJOURNMENT The Meeting adjourned at 4:56 pm. _________________________ Warren Hoag, Chair _________________________ Andrew Perez, Planning Manager Page 43 of 53 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS CONSTRUCTION MATERIALS This section provides examples of the most commonly found building materials used in the Village area of Arroyo Grande. There are also examples of construction materials under the Village Core and the Residential sections specific to those areas. All new projects shall use materials that fit within the character of the Village (see following examples). Using similar materials or replicating these materials on all projects and restorations will extend the existing character extended throughout the Village. All restorations shall use materials that match or complement the original structure facilitating compatibility and preservation of its character. WEATHERBOARD OR CLAPBOARD WOOD SIDING Most of the original housing and a few of the commercial buildings used horizontal wood siding or vertical board and batten for the exterior walls and trim of the buildings. Wood siding gives the buildings a sense of historic character, adding detail and texture. CEMENT PLASTER Cement plaster (including stucco) is not as common as wood or brick, however some of the commercial and residential buildings within the Village have plaster exteriors. Cement plaster buildings require detailing that gives them a historic “Village” feel. Buildings with plain plaster walls and no ornamentation are not appropriate for The Village. YELLOW INDIGENOUS SANDSTONE This type of stone is used on the old I.O.O.F. Hall on Bridge Street and the Old Brisco Hotel on East Branch Street. It is a golden stone that is shaped in large irregular chunks. The color of this natural stone adds a warm variety and individuality to the area. 20 ATTACHMENT 7 Page 44 of 53 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS BRICK AND STONE BLOCK Brick and stone blocks are most common on commercial buildings in the Village. Brick is an old construction material that was used in the late 1800s and early 1900s when the bulk of the historic commercial buildings in Arroyo Grande Village were built. The use of exposed plain concrete block is not permitted in the Historic Village Core District. WINDOW SASHES AND DOOR FRAMES Doors should be made of wood or a material that resembles an older style wooden door. For commercial areas, large industrial style glass doors and windows with metal frames are not appropriate. Doors with wood trim and windows with wood framing should be used. Aluminum and other frames that have a modern metal look are not appropriate for the Village. 21 Page 45 of 53 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS VILLAGE CORE DOWNTOWN (VCD) This section of the Guidelines and Standards applies to all parcels in the Village Core Downtown area and may also be applicable within Community Facilities (including Public Facilities and Parks), and Mixed Use districts as shown on the Design Overlay District Map. An objective of the Village Core Downtown area is to enhance and maintain a compact, active street frontage with commercial uses that attract pedestrians. A visual continuity should be maintained through site design and compatibility of scale and materials. MIXED USES WITHIN THE DISTRICT There are properties within the Village Core, Mixed Use and Community Facilities overlay districts that have residential architectural styles, and are currently being used as stores, shops, residences, or offices. In order to preserve and enhance mixed use, the character of any new building or renovation shall be consistent with the surrounding area. EXISTING CHARACTER Many of the Downtown district historic commercial buildings were erected in the period from 1885 to 1910, and represent a variety of architectural styles. Although building material and detail differ, there are definite patterns that should be respected and incorporated into new development and renovation. Common elements of design include façade height and structure, strong pedestrian orientation, and attention to ornamentation. Similarity in Height, Mass and Scale Most buildings are one or two stories high and range from about eighteen to thirty feet in height. The majority of the buildings in the Village on Branch Street between Traffic Way and Mason Street are also narrow as well, which emphasizes their vertical character. The most common façade design is two stories high, although some buildings use a “false front” to achieve the impression of height. This façade treatment, when used on a relatively narrow building, stresses the strong vertical elements in the structure and creates an impressive image. Buildings are also made to appear larger by creating a series of attached facades, linking several smaller structures to create the appearance of one large building. These techniques lead to a more impressive appearance without losing pedestrian scale or blocking views and light. 28 Page 46 of 53 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS Similarity of Material Brick and stone masonry construction is common, especially along Branch and Bridge Streets. Although some exteriors have been painted, such as the Olohan Building, the buildings retain many architectural details of “brick front” construction. This was one of the most popular storefront types of vernacular design, and incorporated commercial establishments on the ground floor with storage, offices or living quarters on the second level. An unusual vernacular style that uses locally quarried yellow stone is also found in the Village Downtown district. The unifying element is the stone itself, which calls for simplicity of construction and ornamentation, but the buildings using this material vary significantly in design. Another common material is wood siding, especially clapboard or weatherboard. Sense of Experimentation Although similar architectural styles are evident, and many elements are common, there is no one predominant architectural style, and elements are often combined in creative ways. The historic character, however, is maintained. Pedestrian Orientation Most commercial buildings have large display windows and a main entrance that faces the street, oriented to pedestrian traffic. There is no setback from the sidewalk, and buildings are generally designed and detailed to human scale, contributing to an atmosphere where pedestrians feel comfortable. Variety in Building Form There is sufficient variety in height, mass, scale and proportion to create visual interest in the Village Core Downtown Area. There is also a mixture of uses that includes retail establishments, cafes, restaurants and offices, often within the same block. DESIGN GUIDELINES AND STANDARDS Mixed Use Projects Within the Village Core Downtown Mixed use projects within the Village Core Downtown shall be predominantly commercial in character. Upper story residential and office uses designed to be compatible with ground floor retail uses are appropriate. Design of mixed use projects shall not impede pedestrian flow or disrupt concentration of retail, cultural and entertainment uses. The following building elements shall NEITHER overpower the project or detract from the visual continuity of the streetscape or neighborhood NOR produce redundancy in feature or pattern that is discordant with the historic character of the district: • Building scale • Building form • Building façade • Building entrance • Roofline • Fencing, rails or trellis • Archways, columns or towers • Doors and windows • Signage or feature designed for sign placement • Colors 29 Page 47 of 53 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS Site Design 1. All new projects or renovations shall adhere to the site development standards of the Development Code. 2. The existing front setbacks of zero to fifteen feet (0’ to 15’) shall be required with main entries facing the street. A majority of the building frontage shall face the street and incorporate design features oriented to the pedestrian. 3. Streetscape improvements shall complement the existing design sidewalk paving, lighting schemes and street furniture within the district. 4. All enclosures for service areas, trash or recycling containers shall be designed as part of the overall project or building. Materials, textures and colors should be consistent with those of the proposed project and compatible with adjacent buildings. 5. Landscaping shall retain existing trees and plants as much as possible. Street trees and sidewalk planters shall be incorporated where feasible and pedestrian circulation will not be obstructed. (Streetscape elements within the public right-of-way, require an Encroachment Permit from the Public Works Department.) Landscaping in parking areas shall conform to the requirements of Title 16 of the Municipal Code (Development Code). Building Design 1. The height of new buildings shall not exceed development standards allowed in Title 16 of the Municipal Code. Scale and massing of any building within this area shall be consistent with that of the neighboring buildings, as described above in “Similarity in Height, Scale and Massing”. 2. The existing pattern of building façades shall be incorporated into new development projects. Dominant façade designs incorporate either brick front elements or parapet features. Roof patterns generally associated with residential buildings such as gable, hip or gambrel are generally not appropriate for commercial building frontages in the Village Core Downtown District. 3. For retail commercial buildings, display windows should complement the design of surrounding historic buildings and shall be oriented to pedestrian traffic. 4. Transoms are common over display windows, and were used for light and ventilation. When possible, transoms should be incorporated into new building design, and existing transoms should be used in building renovations. 5. New construction should include elements such as cladding, roof structure and ornamentation common to the district. All new projects shall use materials – including roof materials – that fit within the character of the Village Core Downtown district. By using similar materials or replicating these materials on all projects and restorations, the existing character will be reinforced and extended. 6. Decorative fixtures, including awnings, signs, and lighting, shall be integrated with other design elements of the structures. Construction Materials 1. Brick and stone masonry are the most common façade materials used on historic character structures in the Village Core Downtown district, and are acceptable façade materials. Some brickwork has been painted, and this is consistent with design style of the 1870- 1939 period. 30 Page 48 of 53 C ITY OF A RROYO G RANDE GUIDELINES & S TANDARDS FOR H ISTORIC D ISTRICTS Other acceptable façade materials include yellow sandstone (such as that on the I.O.O.F. building), and wood cladding. Wood cladding shall be of painted clapboard, painted weatherboard, or board and batten styles. Materials of similar design, color and texture may be considered. Smooth plywood panels are not appropriate unless detailed for the historic period. 2. Window sashes shall be of wood or painted steel, and consistent with the historic period. Materials that approximate the appearance of original materials may be substituted subject to the approval of the Architectural Review Committee, but unfinished aluminum is not allowed. 3. Door materials were traditionally wood panel and glass, either single or double. New or replacement doors shall be wood or an approved substitute material that approximates the appearance of original materials. Aluminum entry doors with large glass panels are inappropriate for the Village Core Downtown District. 4. Original decorative details should be retained during renovation. If the original materials have deteriorated and must be removed, they shall be replaced with materials that match as closely as possible the original in design, color, and texture. 5. Reflective glass is not appropriate in the Village Core Downtown District. Stained glass may be used as an accent material if it is consistent with the historic period of the building. Building colors 1. The number of colors used on a building should be kept to a minimum. 2. While bright colors may be used for limited accent, their use is subject to review by the Architectural Review Committee (ARC). 3. Color samples shall be submitted as part of Plot Plan Review or Conditional Use Permit process. 4. The use of fluorescent, “neon” or “day- glo” colors on building facades is not appropriate, historic base colors should be used instead. 5. Accent colors used for ornamentation, awnings, dentils, friezes or other details shall harmonize with the predominant building color. 6. Color palettes shall complement the majority of the neighboring buildings and be consistent with the historic period. 31 Page 49 of 53 MEMORANDUM TO: FROM: PLANNING COMMISSION PATRICK HOLUB, ASSOCIATE PLANNER SUBJECT: SUPPLEMENTAL INFORMATION FOR AGENDA ITEM 10 – DATE: SEPTEMBER 6, 2022 PLANNING COMMISSION MEETING SEPTEMBER 6, 2022 Attached are comments received after agenda preparation regarding agenda item 10. Page 50 of 53 From: To: Heidi Ambrose public comment Subject:Concern Regarding Airbnb Request in my Neighborhood (331 Garden St) Date:Friday, September 2, 2022 1:58:52 PM To the City of Arroyo Grande or Whom it may Concern, We were notified this week that our next-door neighbor is trying to turn her home into an Airbnb and we would like to voice our concern about this happening. We were blessed to be able to move into the Village of Arroyo Grande about 4 years ago. Both my husband and I grew up in Arroyo Grande. We moved away for college and were thrilled when we were finally able to move back. Living on the Central Coast is expensive but we find it worth it to live in such a wonderful, lovely small town/community. A place that has been home to us for most of our lives. We have children and we greatly appreciate living in a safe neighborhood where we are able to get to know our neighbors. A neighborhood where neighbors look out for each other. It is not easy for us to afford living here but it is worth the sacrifice and hard work. We understand that our neighbor wants to make her home an Airbnb that is rented out for 30 days or less. This will mean that strangers will be coming and going from the home all the time. When we moved here we were not expecting to live next door to a hotel type situation. We do not feel comfortable with a constant turnover of guests coming and going with no host on site to monitor what’s going on. In fact the person she has listed as an emergency contact for the Airbnb doesn't even live in the city. We believe they live more than 15 minutes away and the regulations state that they are supposed to be within 15 minutes of the property. We also know that there is an Airbnb directly across the street from us. The one across the street is maintained by onsite owners. We were under the understanding that the city did not allow Airbnbs to be within 300 feet of each other. Apparently there is a loophole that doesn't seem to make much sense regarding whether or not the host is on sight. Because these are two different types of Airbnbs the distance suddenly doesn't matter? We are also aware of an Airbnb on the street directly behind us and around both corners. It feels like there are no regulations about how many can be in the neighborhood at all. It seems like the city is ok with turning our neighborhood into a vacation rental zone rather than a small town neighborhood. We understand that tourism is a big part of this area but this is also our home. We support local businesses and always recommend places to eat and visit to our own out of town guests. Adding so many vacation rentals in such a small zone compromises the integrity of the Village. We all moved into a neighborhood in a small town for a reason. And the city is slowly and without concern for its loyal residents changing the dynamic of the neighborhood. We all pay a lot to live here and we do not wish to become a hotel hotspot. I have seen this city fight to keep the integrity of the Village businesses and the quaint small Page 51 of 53 town feel. Where is the commitment when it comes to the families who call this town home and have done so for generations? We also find it very disappointing and discouraging that we were only given a week's notice to appeal this request. The fact that we would be charged $500 just to fill out the form to appeal is absurd! We are all hard working families just trying to make it here, not to mention in the current financial climate. We do not have $500 extra just to have our appeal, probably not even matter! And a week is hardly enough time to get the funds necessary just to have our voices heard. I have lived in the Village most of my life and I absolutely love this town but right now I feel very disappointed. Thank you for taking the time to read and consider our concerns, we greatly appreciate it! Heidi and Josh Ambrose Page 52 of 53 From: To: Subject: Date: mallen kelley public comment Plot plan review 331 Garden St. Friday, September 2, 2022 5:30:46 PM I object to the proposed vacation rental at 331 Garden St. We own the house next door which we bought for the specific purpose of providing a safe community for our family and grandchildren to grow up. Having unknown individuals using the house next door jeopardizes their safety and the family's peace of mind. We specifically bought a home in a single family residential zone not next door to a motel. The home on Noguera place immediately behind this house has small children and the house on the south east corner has small children. This request is not within the character and purpose of the neighborhood. The contact individual lives in San Luis Obispo and cannot meet the response time as specified in the ordnance. Sincerly, Michael and Lynnette Kelley Page 53 of 53