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Minutes 2001-09-06 SP MINUTES SPECIAL MEETING OF THE CITY COUNCIL THURSDAY, SEPTEMBER 6,2001 COUNCIL CHAMBERS, 214 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA 1. CALL TO ORDER Mayor Lady called the Special City Council meeting to order at 6:30 p.m. 2. ROLL CALL City Council: Council Members Runels, Lubin, Dickens; Mayor Pro Tem Ferrara; and Mayor Lady were present. City Staff: City Manager Adams; City Attorney Carmel; Director of Administrative Services Wetmore; Director of Public Works Spagnolo; Acting Community Development Director Heffernon; and General Plan Update and EIR Consultant Rob Strong were present. 3. FLAG SALUTE Mayor Lady led the Flag Salute. 4. CITIZENS' INPUT, COMMENTS. AND SUGGESTIONS Tim Brown, 125 Allen, Planning Commissioner, stated that the Planning Commission used information provided by the Deputy Agricultural Commissioner in its deliberations on the Agriculture Element. He read an excerpt from a memo dated July 19, 2001 from the County Agricultural Commissioner, and encouraged the Council to look at the proposed language the Planning Commission recommended regarding buffer distances. Wayne King reiterated his support for converting the Vanderveen property from Agriculture to a residential use. Ryan Talley, Talley Farms, spoke about a letter he wrote regarding the Vanderveen property listing four major concerns with regard to farming the parcel, including water source (no well), surrounding houses, pesticide use, and the fact that required buffers reduce the size of the parcel. He concluded by stating it was not feasible for Talley Farms to farm this land. Carie Randolph, 1310 Sierra, spoke in favor of saving prime agricultural lands and discussed methods of making small agriculture parcels viable for farming. Special City Council Meeting September 6, 2001 Page 2 Neil Havlik, representing Coastal San Luis Resource Conservation District, spoke in favor of the preservation of agricultural farmland and endorsed the General Plan goal of no net loss of prime agricultural lands. He provided guidance on the issue of buffers, and cautioned the Council against setting a specific standard for buffers. 5. CONSIDERATION OF THE 2001 GENERAL PLAN UPDATE POLICY DOCUMENTS AND ELEMENTS AND FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) HOUSING ELEMENT: Consultant Strong gave a brief review of the Planning Commission's recommendations regarding the Housing Element policies and objectives. Mayor Pro Tem Ferrara referred to policy H1-4 and asked what was meant by "accommodating the identified housing needs". He stated there was no mention of the City's build-out population, nor is there any strategy to plan infrastructure, public facilities, and resource system improvements to sustain a wide variety of housing types. He suggested revising the statement to ensure it is consistent with our capability to sustain our "build-out" population. Consultant Strong explained that "identified housing needs" refers to State and SLOCOG determinations of individual City responsibility for addressing regional estimates. Council and staff discussion ensued regarding in-lieu fees for affordable housing. Following Council comments and discussion on policies H1-4, H1-7, and H1-8.3, the Council reached consensus on the Housing Element with modifications, as follows: H1-4: The City shall designate in the General Plan and consistently zone sufficient land and appropriate residential densities to accommodate the identified housing needs, and shall plan infrastructure, public facilities and resource system improvements to sustain a wide variety of housing types consistent with the General Plan build out capability, and resource and infrastructure contraints. H1-7.1: Such low and moderate-income housing units may be either for rent or sale, but shall remain affordable for a term to be determined on a case by case basis but not less than 10 years. Sites on which fewer than 12 units are allowed shall be excepted from on-site construction requirements, but the City shall consider an "in- lieu affordable housing fee" payment instead of low and moderate-income housing construction. The fee shall be equal to 3% of the estimated value of new construction as computed for building penn it, and utilized by the City for qualified low and moderate income housing constrliction, site acquisition, rehabilitation or acquisition of such units. H1-8.3: For subdivisions or developments of less than 25 units, or in other cases where the City determines that it is not practical or feasible to comply with on-site --..-- Special City Council Meeting September 6, 2001 Page 3 construction of such units, the City may allow as alternatives: a) the dedication of land sufficient to accommodate the required number of low income housing units; or b) payment of in-lieu affordable housing fee. The fee shall be equal to at least 3% of the value of new construction as computed for building permit, and utilized by the City for qualified low and moderate income housing construction, site acquisition, rehabilitation or acquisition of such units; c) the City may require the developer to fund an analysis to determine which alternatives would best enable the provision of low income household housing units. SAFETY ELEMENT Mayor Pro Tem Ferrara recommended adding mitigation as it relates to seismic hazards of unreinforced masonry buildings. He suggested that a sentence be inserted such as "Seismic plan has been addressed in the City's retrofit program." Mayor Pro Tem Ferrara suggested that all of the text on page SE-16 (Hazards from Unreinforced Masonry Buildings) be moved to page SE-11, following the section entitled "Ground Shaking Hazards". Mayor Pro Tem Ferrara referred to page SE-14, Policy S5-2 (Hazardous Materials) and requested adding a policy regarding "Community Right to Know" laws. Mayor Pro Tem Ferrara referred to page SE-15, Policy S5-5 and stated the Safety Element is designed to address threats to human life. He suggested the discussion relative to trees might be better placed in the Parks and Recreation Element Consultant Strong clarified that the concern with trees in the Safety Element relates to the hazard of unhealthy trees requiring removal for human safety. Consultant Strong mentioned that Planning Commissioner Costello had inquired about evacuation routes and stated that the City's Emergency Plan is addressed in the General Plan. Discussion ensued regarding Mayor Pro Tem' Ferrara's recommendations. Following Council comments and discussion, the Council reached consensus on the Safety Element with modifications, as follows: Relocate Policy S5-6 and S5-6.1 from page SE-16 - Hazards from Unreinforced Masonry Buildings to page SE-11 , following the paragraph "Ground Shaking Hazards". On page SE-14, Policy S5-2, add policy regarding "Community Right to Know" laws. Special City Council Meeting September 6, 2001 Page 4 NOISE ELEMENT Consultant Strong reported that the Planning Commission recommended that restaurants with and without outdoor dining and entertainment and/or drive-up windows be added to Table N-1 (Maximum Allowable Noise Exposure Transportation Noise Sources). Following discussion, there was consensus of the Council to implement the Planning Commission's recommendation. Mayor Pro Tem Ferrara referred to a typographical error of "Lodging" on page NE-1, Figure N-1 and requested correction. Council concurred. Mayor Pro Tem Ferrara referred to a typographical error of "meeting halls" on page NE-5, a) and requested correction.. Council concurred. Mayor Pro Tem Ferrara referred to page NE-5, Implementation Measure N1-1, and requested wording be changed from "may be required" to "shall be required". Council concurred. Mayor Pro Tem Ferrara referred to page NE-5, Implementation Measure N1-2, and stated that the statement essentially neutralizes the effectiveness of the Noise Element. He suggested the language be revised to make it more effective. Discussion ensued whether or not the implementation measures should address both proposed and existing noise levels. Following Council comments and discussion, the Council reached consensus on modifying Implementation Measure N1-2, and adding Implementation Measure N1-3, as follows: N1-2 Where mitigation of existina noise levels in accordance with the policies and standards of this Noise Element is not feasible, the City Council may reduce or waive the applicable policies and standards to the degree needed to allow reasonable use of property, provided noise levels are mitigated to the maximum extent possible. N1-3 Where mitigation of noise levels from a proposed development project in accordance with policies and standards of this element cannot be achieved, the City Council may require a reduction in proposed uses relative to size, scale, and intensity. If excessive noise levels cannot be mitigated, the project shall be denied. In instances where mitigation measures will reasonably reduce noise levels near the required standards, the City Council may be flexible in its evaluation of Policies and Standards. This shall be done on a case by case basis. Special City Council Meeting September 6, 2001 Page 5 ECONOMIC DEVELOPMENT Consultant Strong gave a brief review of the Planning Commission's recommendations regarding the Economic Development Element, and noted that minor typographical errors had been corrected within the Element. He referred to Objective ED2 and stated the Planning Commission suggested the title be revised to "Mixed Use, Office, and Light Manufacturing" rather than "Light Manufacturing"; and further, that Objective ED2 and Policy ED2-2 be expanded to clarify the primary purpose by adding "to promote and enhance base line job opportunities within the City for local residents". Council concurred with these modifications. Consultant Strong stated the Planning Commission recommended that Objective ED5 and Policy ED5-1 be reversed so that ED5-1, "Develop a strategy in the City that promotes the importance of tourism", is the Objective. ED5, "Become an active participant in the San Luis Obispo Countywide tourism program", would then become one of the policies to achieve that objective. Council concurred with this modification. Consultant Strong stated that the Planning Commission recommended that Policy 7- 1.3 in ED7 be modified to delete the words "the Conditional Use Permits for..." and supported the concept of an alternative administrative review process for routine projects. Council concurred with the revision to Policy 7-1.3 as follows: ED7-1.3 Examine the possibility of an administrative review process as an alternative for routine projects that are consistent with the policies of the General Plan and requirements of the Development Code and City design and development guidelines. Council Member Runels referred to Policy ED3-1 and suggested adding the word "viable" in the statement. Discussion ensued regarding the definition of "viable". Following discussion, Council concurred with modifying Policy ED3-1 as follows: ED3-1 Encourage adequate support services and resources to maintain economically viable commercial agriculture. City Manager Adams referred to Implementation Measure ED3-1.1 and suggested expanding the statement to include the words "City and" prior to the word "region". Council concurred on a modification to ED3-1.1 as follows: ED3-1.1 Collaborate with the San Luis Obispo County Farm Bureau, the University of California Cooperative Extension, the Edna Valley/Arroyo Grande Valley Vintners Association, the Economic Vitality Corporation, and other organizations to develop and implement agricultural opportunities that enhance the economic viability of the City and region (I.e. "agri-tourism"). Special City Council Meeting September 6, 2001 Page 6 Council Member Dickens referred to Policy ED? -1.4 and asked for clarification on the intent of the policy with regard to staff review. Following discussion and suggested rewording by Consultant Strong, Council concurred on a modification to ED? -1.4 as follows: ED?-1.4 Continue to coordinate staff advisory development-related meetings with businesses prior to submission of any formal applications, and enhance comprehensive pre-application information. Mayor Lady called a break at 8:30 p.m. and reconvened the meeting at 8:40 p.m. PARKS AND RECREATION ELEMENT Consultant Strong reported that the Planning Commission unanimously recommended approval of the Parks and Recreation Element as drafted. He stated that there will be a Parks and Recreation location map for the facilities listed in Table PR-1 and a location map for the proposed trails and scenic routes that will part of the final General Plan Update. Consultant Strong responded to questions from Council Member Dickens relating to the placement of trails on private property. Council Member Lubin referred to Implementation Measure 3.1 in Policy PR3 and requested changing "the" to "a", so it is not limited to the City's pre-school program and opens it up for other options. Council concurred with a modification to 3.1 as follows: 3.1 Continue and expand pre-school programs to meet existing and future needs. Mayor Pro Tem Ferrara referred to the Implementation Methods listed on page PR-4 of the Parks and Recreation Element and requested expanding the language under Citizen Participation to include League and Team participation. Following discussion, Council concurred with a modification as follows: Citizen/League and Team Participation: Continue volunteer programs to include organized workdays and expand if possible. Continue to encourage donations of time, materials, maintenance, and expertise by utility companies, businesses, and individuals as well as league and team members. FRINGE AND URBAN AREA LAND USE ELEMENT Consultant Strong began a review of the Planning Commissions recommendations regarding the Land Use Element. He stated that the data in Table LU-1 regarding residential density, zoning categories, and population density was clarified to revise the persons per household from 3.0 to 2.4 p/du average based on 2000 census data. Special City Council Meeting September 6, 2001 Page 7 Mayor Pro Tem Ferrara referred to page LUE3 and the reference to the Printz, Noyes, Oak Park Blvd areas. Discussion ensued concerning issues surrounding the City's Sphere of Influence. Consultant Strong reported that the Planning Commission unanimously accepted Objectives LU(Fringe), LU1, LU2, LU3, and LU4 as drafted. Mayor Pro Tem Ferrara referred to LU2-2 and requested that a new statement be added that would ensure that all residential hillside development, regardless of density, does not excessively intrude on the natural slope and terrain of the hillside. Further, to ensure that density of residential hillside development is commensurate with the steepness of slope, and to discourage the excessive use of retaining walls, intrusive grading, and removal of native oak trees. Consultant Strong recommended that the language be added under LU2-2 as LU2- 2.4, as follows: LU2-2.4 Ensure that all residential hillside development, regardless of density does not excessively intrude on the natural slope and terrain of the hillside. . Ensure that density of residential hillside development is commensurate with the steepness of slope. . Discourage the excessive use of retaining walls, intrusive grading, and removal of native oak trees. There was consensus of the Council to add the proposed language. Mayor Pro Tem Ferrara referred to LU3-9 and suggested that the statement regarding home-based businesses is accurate; however, it is inappropriately placed under the section entitled "Multiple Family Residential, LU3". He stated that home- based businesses more frequently occur in single-family residential areas of the City, but could occur in any residential dwelling. He recommended the statement be listed independent of density categories and placed as a stand-alone policy. Consultant Strong agreed and there was Council consensus to move LU3-9 to a new subsection in LU2. Mayor Pro Tem Ferrara referred to LU4-2 and suggested that the statement regarding the location and design of the office designation should be modified to omit the phrases "...and provide a campus like environment..." and "The maximum floor area ratio (FAR) shall be 0.5.". He recommended restructuring the entire sentence to state that the Office classification shall be designed and not conflict with adjoining developed areas, be pedestrian oriented and include various amenities such as plazas, fountains, and outdoor seating. Consultant Strong agreed; however, cautioned that if the City wants to consistently utilize a floor area ratio (FAR) for non- Special City Council Meeting September 6, 2001 Page 8 residential development categories of land use, that it should be part of the Land Use Element. He recommended retaining the phrase regarding FAR in the LUE. Following discussion, Council concurred with a modification to LU4-2 as follows: LU4-2 The Office classification shall complement, and not conflict with, adjoining development. Features such as pedestrian oriented plazas, landscaped street yards and off-street parking areas, outdoor seating, fountains and similar amenities are encouraged. The maximum floor area ratio (FAR) shall be 0.5. Mayor Pro Tem Ferrara referred to LU5-2 relating to the statement regarding mixed- use businesses and gave an overview of his suggested revisions in the wording. Following Council discussion, there was consensus to reword a portion of LU5-2 as follows: LU5-2 " .....Typical businesses in the MU category include general merchandise and/or specialty stores such as supermarkets, hardware/appliance outlets, building materials/home improvement stores, restaurants, and general services/offices, business plazas and parks. Mixed-use development shall be compatible in size and scale to ensure preservation of the "rural setting and small town character" of the City. Consultant Strong referred to LU5-5 and stated the Planning Commission had deleted the proposed policy as worded providing for possible heavy commercial and light industrial uses in all Mixed Use areas and recommended a new LU5-5 as follows: "Define different Mixed Use overlay or combining designations concurrent with Development Code revisions for General Plan consistency to clarify allowed, conditionally permitted and prohibited uses in each MU subarea." Council concurred with substituting the proposed language as recommended by the Planning Commission. Mayor Pro Tem Ferrara referred to LU5-6 and asked if conforming versus non- conforming businesses in MU could be stipulated. Consultant Strong replied this would be addressed in the Development Code. Mayor Pro Tem Ferrara referred to LU5-7 and requested a correction to the typographical error of "sub-areas". Consultant Strong noted the correction. Consultant Strong referred to Policy 5-8.3 and stated the Planning Commission recommended clarification of the preferred location of off-street parking in Mixed Use corridors with the following language: "Promote .the development of buildings along a landscaped sidewalk frontage. Promote rear yard parking by discouraging front yard parking and encouraging private, shared or public parking facilities located to the rear Special City Council Meeting September 6, 2001 Page 9 of buildings or side streets in Mixed Use corridors." There was Council consensus to approve the Planning Commission's recommendation. Mayor Pro Tem Ferrara referred to LU5-8 and recommended omitting the term "high- density residential" from the statement. Council concurred with this recommendation. Consultant Strong stated the Planning Commission had unanimously recommended acceptance of Objectives LU6, LU7, LU8, LUg, LU10, LU11, and LU12 as drafted. Mayor Pro Tem Ferrara referred to LU5-10 and requested a wording change that would not mandate the participation of outside agencies in the development of a Conceptual Master Plan for East Grand Avenue. He stated that the City has the sole responsibility for the project. He recommended wording as follows: "The City in cooperation with the Chamber of Commerce and area owners and businesses...". Council concurred with the recommendation. Mayor Pro Tem Ferrara referred to LU5-10.2 and asked for a determination on what the Council's policy is going to be on 3-story buildings and/or building height. Consultant Strong explained that designating a maximum building height is more functional. He suggested deleting 3-stories and designating a maximum height of 35 feet. Following discussion, there was Council consensus to delete the reference to three (3) stories and replace it with "35 feet". Mayor Pro Tem Ferrara referred to LU5-11 and requested rewording the statement in a manner similar to Statement LU 5-8. Council concurred. Mayor Pro Tem Ferrara referred to LU7 and recommended changing the heading from "Regional Commercial and Business Park" to "Regional Commercial". Discussion ensued regarding whether to include a Business Park designation within the General Plan and Development Code. There was a majority consensus of the Council to retain the heading as "Regional Commercial and Business Park". Mayor Pro Tem Ferrara referred to LU7-3 through LU7-8 and requested they be deleted from the Land Use Element. There was a majority consensus of the Council to retain LU7-3 through LU7-8 in the Land Use Element. Mayor Pro Tem Ferrara referred to LU8 and requested it be modified to delete the reference to a Regional Commercial area. There was a majority consensus of the Council to retain the language as originally drafted and not delete the reference to "Regional Commercial". Mayor Pro Tem Ferrara referred to LU8-2 and requested that it be deleted which would prohibit the development of new, and expansion of existing automobile service Special City Council Meeting September 6, 2001 Page 10 uses in Village Core and Mixed-Use districts of the City. Council concurred with the deletion of LU8-2. Mayor Pro Tern Ferrara referred to the paragraph concerning Community Facilities on page LUE-14. He suggested rewording the opening paragraph as follows: 'JII variety of community facilities serve both adjacent residents as well as the community at-large. It is recognized that our community facilities provide beneficial services to the City. Because of their location or nature of operation, some community facilities can create problems such as traffic, noise, and air quality. Public and institutional uses in this element focus on diversity, need, and location of these facilities relative to existing and planned land uses. A more detailed discussion of Community Facilities can be found in the Parks and Recreation Element of this Plan." Following discussion, there was Council consensus to reword the opening paragraph as requested. Mayor Pro Tern Ferrara referred to LU9 and suggested rewording the statement as follows: "Provide for appropriate maintenance, development and placement of Community Facilities relative to existing and planned land uses." Council concurred. Mayor Pro Tern Ferrara referred to LU9-6 and LU9-7 and requested they be deleted as they are repetitive to LU9-2 and LU9-5. Council concurred. Mayor Pro Tern Ferrara referred to LU11-2.2 and requested omitting the phrase "the bulk of', as the meaning is confusing, and reword as follows: "Require that new structures relate to the prevailing existing, or planned scale of adjacent development". Council concurred. Mayor Pro Tern Ferrara referred to the hyphenation corrections needed to the numbering of LU 11-2.2 through 11-2.5. Consultant Strong noted the corrections. Mayor Pro Tern Ferrara referred to LU11-3.6 and requested that the statement begin with 'Jlls part of the CEQA process, ensure that adequate sewer....". Following discussion, there was a majority consensus of the Council to retain the language as originally drafted. Mayor Pro Tern Ferrara referred to a typographical error in LU11-4.1 and suggested the wording should be as follows: "Prior to permitting a major extension of services or utilities.... ", Council concurred. Mayor Pro Tern Ferrara referred to LU11-4.3 and requested deletion of the opening phrase "Unless otherwise approved by the City..." and further revise the statement to read as follows: "Ensure that adequate circulation, public water, sewer, drainage, and other services and facilities needed for a project are constructed prior to or Special City Council Meeting September 6, 2001 Page 11 concurrent with development." Council discussion ensued with regard to circulation. There was Council consensus to delete the opening phrase as recommended by Mayor Pro Tem Ferrara and to reword the statement with the exclusion of the words "adequate circulation", as follows: LU11-4.3 Ensure that public water, sewer, drainage, and other services and facilities needed for a project are constructed prior to or concurrent with development. Mayor Pro Tem Ferrara referred to LU11-4.5 and stated that the proposed statement was taken from the current Land Use Element and in its transition, the last sentence was removed. He requested the statement "If such improvements cannot be provided, decline approval of the project. "be added back in. Council concurred. Mayor Pro Tem Ferrara referred to LU11-6.10.1(b) and requested that the statement be reworded as follows: "Clear compatibility exists with the community's basic identity as a rural, small town community; the goals and desires of the people and the City of Arroyo Grande as a whole; and with the community's available resources and urban services." Council concurred. Mayor Pro Tem Ferrara referred to LU11-6.10.1(d) and requested that the word "Significant" be added at the beginning of the statement. Council concurred. Mayor Pro Tem Ferrara referred to LU11-6.10.1(h) and requested that the statement be deleted as it is unnecessary. Council concurred. Mayor Pro Tem Ferrara referred to LU12-2.1 and requested clarification regarding building height. Based on earlier discussion, Council concurred to eliminate "two- stories" and change "30 feet" to "35 feet", as follows: LU12-2.1 In general, limit the height of buildings to no more than 35 feet. Mayor Pro Tem Ferrara referred to LU12-2.9 and requested wording be changed from "In higher intensity projects..." to "In higher density projects... ". Council concurred. Mayor Pro Tem Ferrara referred to LU12-3.2 and asked for clarification. Consultant Strong replied there should be a comma between the words "wide" and "open" to distinguish the correct meaning. Council concurred with the typographical correction. Mayor Pro Tem Ferrara requested adding a new statement as LU12-3.8 as follows: LU12-3.8 Permit hillside development projects only when the following criteria are met: Special City Council Meeting September 6, 2001 Page 12 . The natural contour of the hillside is preserved and removal of native oak trees is minimized. . Excessive, intrusive hillside grading is not required in order to satisfy density proposals of the project . Extensive retaining walls are not required to satisfy density and safety proposed by the project. . If these criteria cannot be met, the density of the project shall be reduced or the project shall be denied. Following discussion, Council concurred with adding LU12-3.8 as proposed. Mayor Pro Tern Ferrara referred to LU12-4.2 and LU12-4.3 and stated that senior and special needs housing may not be able to provide some of the design amenities as listed out in the multiple family residential design criteria. He requested an exemption be made for these types of projects. Consultant Strong agreed and suggested the inclusion of a statement at the end of LU12-4 as follows: "The Development Code should provide for design exceptions for senior and special needs housing." Council concurred. Mayor Pro Tern Ferrara referred to LU12-13.9 and said the "L" is missing from LU. He also requested deletion of the phrase "and trash enclosures..." from the statement. Council concurred with the revision of LU12-13.9 as follows: LU12-13.9 Require that commercial loading areas be screened from public view areas and adjacent residential developments, and be located an appropriate distance from adjacent residential structures. Mayor Pro Tern Ferrara requested adding a new statement LU12-13.10 as follows and renumbering the remaining two statements. LU 12-13.1 0 Require the design and construction of enclosures for trash, recycling bins and green waste containers to include the following criteria: . Match the existing building architecture . Use materials consistent with adjacent buildings . Avoid conflicts with loading dock areas Council concurred with the added statement as proposed. 6. ADJOURNMENT At 11 :24 p.m. Mayor Lady continued the Public Hearing to the Regular Meeting of Tuesday, September 11, 2001, at 6:30 p.m. in City Council Chambers, 214 E. Branch Street. Special City Council Meeting September 6, 2001 Page 13 / / &:24~ Michael A. Lady, Mayor . Attest: U~<t!1. IJu.-- Kelly tm re, Director of Administrative Servicesl Deputy Cit Clerk