Agenda Packet 2003-06-10
CITY COUNCIL Cttt of
AGENDA ArrOlo GrancIe
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attorney
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
AGENDA SUMMARY
CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, JUNE 10, 2003
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER: 7:00 P.M.
2. ROLL CALL COUNCIURDA
3. FLAG SALUTE: ROTARY CLUB OF ARROYO GRANDE
4. INVOCATION: PASTOR LEPPER, PEACE LUTHERAN
CHURCH, ARROYO GRANDE
5. SPECIAL PRESENTATIONS:
6. AGENDA REVIEW:
6a. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
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AGENDA SUMMARY - JUNE 10,2003
PAGE 2
7. 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
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a future
Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not directed
to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any Council Member may request
that any item be withdrawn from the Consent Agenda to permit discussion or change
the recommended course of action. The City Council may approve the remainder of
the Consent Agenda on one motion.
B.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listing of cash disbursements for the period
May 15, 2003 through May 31,2003.
B.b. Consideration of ADDroval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Special City Council and
Regular City Council/Redevelopment Meetings of May 27, 2003, and the Special
City Council/Redevelopment Agency Meeting of May 29,2003 as submitted.
B.c. Consideration of GASB 34 Infrastructure Inventorv and Valuation Report
(SNODGRASS)
Recommended Action: Receive and file the GASS 34 (Governmental Accounting
Standards Board Statement No. 34) Infrastructure Inventory and Valuation Report.
B.d. Consideration of ParticiDation in the California Joint Powers Insurance
Authority (CJPIA) Joint Protection Proaram Providina Liability Coveraae
(ADAMS)
Recommended Action: Adopt Resolution approving the City's participation in the
California Joint Powers Insurance Authority (CJPIA) liability coverage program.
I
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AGENDA SUMMARY - JUNE 10, 2003
PAGE 3
8. CONSENT AGENDA: (continued)
8.e. Consideration of a Contractor Services Agreement for Uniform Rental and
Related Services (SPAGNOLO)
Recommended Action: 1) Approve Agreement with AmeriPride Uniform Services in
the amount of $15,267.90 (projected over a thee-year period); and 2) Authorize the
Mayor to execute the Agreement.
8.1. Consideration of AdoDtion of an Ordinance Amending Portions of Title 16 of
the MuniciDal Code Regarding Second Residential Dwellings: DeveloDment
Code Amendment 03-003 (STRONG)
Recommended Action: Adopt Ordinance Amending Portions of Title 16 of the
Municipal Code Regarding Second Residential Dwellings; Development Code
Amendment 03-003.
9. PUBLIC HEARINGS:
9.a. Consideration of Conditional Use Permit Case No. 02-013 to Construct a Two-
StOry Building for Retail Sale of Farm SUDDlies: 1049 EI Camino Real: Jim
Brabeck for Farm SUDDly (STRONG)
Recommended Action: Adopt Resolution approving a mitigated negative
declaration, instructing the Director of Administrative Services to file a Notice of
Determination, and approving Conditional Use Permit 02-013.
9.b. Consideration of a Pro Dosed Residential Densitv Increase and Subdivision of a
5.23-Acre site into 47 Single Family Lots for ProDertv Located at Ash and
Courtland Streets (Jasmine Place): S & S Homes (STRONG)
Recommended Action: 1) Adopt Resolution approving General Plan Amendment
Case No. 02-002; 2) Adopt Resolution Approving Specific Plan Amendment Case
No. 02-001; 3) Introduce an Ordinance Amending the Zoning Map of the City of
Arroyo Grande to rezone from RR and SF to MF; and 4) Adopt Resolution Adopting
a Negative Declaration with Mitigation Measures, Instructing the Director of
Administrative Services to file a Notice of Determination, and Approving Vesting
Tentative Tract Map Case No. 02-001 and Planned Unit Development Case No. 02-
004 for 47 residential units known as Jasmine Place at Ash and Courtland Streets as
applied for by S&S Homes, subject to certain conditions.
9.c. Consideration of Final EnvironmentallmDact ReDort (FEIR) for Conditional Use
Permit Case No. 01-001 and Vesting Tentative Tract MaD Case No. 01-002
(Creekside Center): 415 East Branch Street: ADDlicant - Richard DeBlauw
(STRONG)
Recommended Action: Adopt Resolution certifying the Final Environmental Impact
Report (FEIR) prepared for Conditional Use Permit 01-001 and Vesting Tentative
Tract Map 01-002 (the Creekside Center "project") as adequate and complete
pursuant to the requirements of the California Environmental Quality Act (CEQA).
)
AGENDA SUMMARY - JUNE 10,2003
PAGE 4
9. PUBLIC HEARINGS (continued):
9.d. Continued Public Hearina Item - Consideration of DeveloDment Code
Amendment Case No. 02-006 to Revise Zonina Reaulations for the Villaae
Commercial District and Portions of the General Commercial and Office
Professional Districts (STRONG)
Recommended Action: It is recommended the Council continue this public hearing
item to June 24, 2003.
10. CONTINUED BUSINESS:
10.a. Consideration of FY 2003-04 and FY 2004-05 Bi-Annual Budaet [CQUNCILlRDA]
(ADAMS/SNODGRASS)
Recommended Action: 1) Adopt Resolution approving the FY 2003-04 and FY
2004-05 Bi-Annual Budget; and 2) Approve the proposed changes to the City's
Financial Policies.
11. NEW BUSINESS:
11.a. Consideration of a Stencil to Mark City Storm Drain Inlets with the Warnina:
"No DumDina. Drains to Creek" (SPAGNOLO)
Recommended Action: Approve a stencil design to be used on City storm drain
inlets with the warning.
12. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by a Council Member who would like
to receive feedback, direct staff to prepare information, and/or request a formal
agenda report be prepared and the item placed on a future agenda. No formal
action can be taken.
13. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a) None.
14. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
a) None.
15. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
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AGENDA SUMMARY - JUNE 10, 2003
PAGE 5
16. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
issues, thoughts, or suggestions. Comments should be limited to those matters that
are within the jurisdiction of the City Council. The Brown Act restricts the Council
from taking formal action on matters not published on the agenda.
17. ADJOURNMENT
* * * * * * *
All staff reports or other written documentation relating to each item of business referred to
on the agenda are on file in the Administrative Services Department and are available for
public inspection and reproduction at cost. 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 Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date.
* * * * * * *
Note: This agenda is subject to amendment up to 72 hours prior to the date and time set
for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the
Director of Administrative Services at (805) 473-5414 for more information.
www.arroyoarande.ora
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8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~
SUBJECT: ' CASH DISBURSEMENT RA TIFICA TION
DATE: JUNE 10, 2003
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period May 16- May 31, 2003.
FUNDING:
There is.a $871,827.76 fiscal impact.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
ATTACHMENTS:
ATTACHMENT 1 - Cash Disbursement Listing
ATTACHMENT 2 - May 16, 2003 Accounts Payable Check Register
ATTACHMENT 3 - May 16,2003 Payroll Checks and Benefit Checks
ATTACHMENT 4 - May 23, 2003 Accounts Payable Check Register
ATTACHMENT 5:'" May 30,2003 Accounts Payable Check Register
ATTACHMENT 6 - May 30, 2003 Payroll Checks and Benefit Checks
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ArT ACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
9M de 'P~ ~ 1It4, 16 7~ 1It4, 31, 2003
June 10, 2003
Presented are the cash disbursements issued by the Department of Financial Services for
the period May 16 to May 31, 2003. Shown are cash disbursements by week of occurrence
and type of payment.
May 16, 2003
Accounts Payable Cks 110309-110422 2 $ 60,350.53
Payroll Checks & Benefit Checks 3 304,479.41
364,829.94
May 23, 2003
Accounts Payable Cks 110438-110525 4 169,857.11
May 30, 2003
Accounts Payable Cks 110526-110632 5 76,445.14
Payroll Checks & Benefit Checks 6 260,695.57
337,140.71
Two Week Total $ 871.827.76
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CITY OF ARROYO GRANDE
INDEX FOR BUDGET DEPARTMENTS
EDEN COMPUTER SYSTEM
GENERAL FUND (OtO) SPECIAL REVENUE FUNDS
City Government (Fund 010) Park Development Fee Fund (Fund 213)
4001 - City Council 4550 - Park Development Fee
4002 - Administrative Services Traffic Signal Fund (Fund 222)
4003 - City Attorney 4501 - Traffic Fund
4101 - City Manager Transportation Fund (Fund 225)
4102 - Printing/Duplicating 4553 - Public Transit System
4120 - Financial Services Construction Tax Fund (Fund 230)
4121 - Taxes/ Insurance/ Bonds 4556 - Construction Tax
4130 - Community Developt;nent Police Grant Funds
4131 - Community Building (CDBG) 4201 - Law Enforcement Equip. (Fd 272)
4140 - Management Information System 4202 - State AB3229 Cops Grant (Fd 271)
4145 - Non Departmental 4203 - Federal Universal Hiring (Fd 274)
Public Safety (Fund 010) 4208 - Federal Local Law Enforcmt (FD 279)
4201 - Police Redevelopment Agency ( Fund 28&)
4211 - Fire 4103 - Redevelopment Administration
4212 - Building & Safety ENTERPRISE FUNDS
Public Works (Fund 010) Sewer Fund (Fund 612)
4301 - Public Works-Admin & Engineering 4610 - Sewer Maintenance
4303 - Street/Bridge Maintenance Water Fund (Fund 640)
4304 - Street lighting 4710 - Water Administration
4305 - Automotive Shop 4711 - Water Production
Parks & Recreation (Fund 010) 4712 - Water Distribution
4420 - Parks Lopez Administration (Fund 641)
4421 - Recreation 4750 - Lopez Administration
4422 - General Recreation CAPITAL IMPROVEMENT PROGRAMS (Fund 350)
4423 - Pre-School Program 5501-5599 - Park Projects
4424 - Recreation-Special Programs 5601-5699 - Streets Projects
4425 - Children in Motion 5701-5799 - Drainage Projects
4426 - Five Cities Youth Basketball 5801-5899 - Water/Sewer/Street Projects
4430 - Soto Sport Complex 5901-5999 - Water Projects
4213 - Government Buildings
4460 - Parkway Maintenance
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2003,
ATTACHMENT 3
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
04125/03 - 05/08/03
05/16/03
FUND 010 270,333.28 Salaries Full time 169,383.94
FUND 220 13,603.16 Salaries Part-Time - PPT 23,220.10
FUND 284 4,759.76 Salaries Part-Time - TPT 8,640.44
FUND 612 4,735.98 Salaries OverTime 14,532.87
FUND 640 11,047.23 Salaries Standby 361.50
304,479.41 Holiday Pay 1,532.10
Sick Pay 3,324.56
Annual Leave By Back -
Vacation Buyback -
Sick Leave Buyback -
Vacation Pay 4,095.90
Comp Pay 5,168.37
Annual Leave Pay 3,316.58
PERS Retirement 19,020.53
Social Security 16,805.38
PARS Retirement 297.34
State Disability Ins. 778.33
Deferred Compensation 725.00
Health Insurance 26,645.11
Dental Insurance 3,657.21
Vision Insurance 808.60
Life Insurance 626.20
Long Term Disability 933.83
Uniform Allowance -
Car Allowance 400.00
Council Expense -
Employee Assistance 155.52
Boot Allowance -
Motor Pay 50.00
-
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ATTACHb1Ei~T 6
CITY OF ARROYO GRANDE
DEPARTMENTAL LABOR DISTRIBUTION
PAY PERIOD
05/09/03 - OS/22/03
05/30/03
FUND 010 232,566.74 Salaries Full time 165,541.95
FUND 220 11,220.61 Salaries Part-Time - PPT 16,563.54
FUND 284 4,238.43 Salaries Part-Time - TPT 9,017.43
FUND 612 3,786.51 Salaries OverTime 11,570.78
FUND 640 8,883.28 Salaries Standby 361.50
260,695.57 Holiday Pay 1,153.11
Sick Pay 3,136.83
Annual Leave By Back -
Vacation Buyback -
Sick Leave Buyback -
Vacation Pay 6,583.57
Comp Pay 6,758.29
Annual Leave Pay 4,056.14
PERS Retirement 18,888.95
Social Security 15,992.04
PARS Retirement 291.55
State Disability Ins. 779.89
Deferred Compensation -
Health Insurance -
Dental Insurance -
Vision Insurance -
Life Insurance -
Long Term Disability -
Uniform Allowance -
Car Allowance -
Council Expense -
Employee Assistance -
Boot Allowance -
Motor Pay -
-
260,695.57
- -----.--.-
,
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8.b.
MINUTES
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY, MAY 27,2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. SPECIAL CITY COUNCIL MEETING:
Mayor Ferrara called the meeting to order at 6:17 p.m. Council Members Runels and Lubin,
City Manager Adams, Parks, Recreation, and Facilities Director Hernandez, Police Chief
TerBorch, Human Resources Manager Sisko, and City Attorney Carmel were present.
2. PUBLIC COMMENT:
None.
(Council Member Costello arrived prior to Closed Session.)
3. CITY COUNCIL CLOSED SESSION:
a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code
Section 54957.6:
Agency Negotiators: Rick TerBorch and Karen Sisko
Represented Employees: Service Employees International Union (SEIU)-
Local 620
Agency Negotiators: Daniel Hernandez and Karen Sisko
Represented Employees: Arroyo Grande Police Officers' Association
(AGPOA)
Agency Negotiators: Daniel Hernandez and Karen Sisko
Represented Employees: Arroyo Grande Career Firefighters (AGCF)
4. RECONVENE TO OPEN SESSION:
Mayor Ferrara announced that there was no reportable action from the closed session.
5. ADJOURNMENT TO REGULAR CITY COUNCIL MEETING:
The meeting was adjourned at 7:08 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
\
MINUTES
REGULAR MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, MAY 27,2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council/Redevelopment Agency meeting to order
at 7:10 p.m.
2. ROLL CALL
City Council: Council Members Runels, Lubin, Costello, and Mayor Ferrara were
present. Mayor Pro T em Dickens was absent.
RDA: Board Members Runels, Lubin, Costello, and Chair Ferrara were
present. Vice Chair Dickens was absent.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Financial Services
Snodgrass, Director of Public Works Spagnolo, Director of
Community Development Strong, Director of Parks, Recreation and
Facilities Hernandez, and Chief of Police TerBorch.
3. FLAG SALUTE
Members of Cub Scout Pack 13 led the Flag Salute.
4. INVOCATION
Pastor Robert Banker, Open Door Church, Oceano, delivered the invocation.
5. SPECIAL PRESENTATIONS
5.a. Mayor's Commendation Presented to City Employees Shane Taylor, Kevin
Rocha, Pete McClure, and Curtis Johnson.
Mayor Ferrara presented Certificates of Commendation to Shane Taylor, Kevin Rocha,
Pete McClure, and Curtis Johnson recognizing them for their efforts to provide services
more cost-effectively to the City of Arroyo Grande.
6. AGENDA REVIEW
None.
6.a. Resolutions and Ordinances Read in Title Only
Council Member Lubin moved, Council Member Runels seconded, and the motion
passed unanimously that all resolutions and ordinances presented at the meeting shall
be read in title only and all further reading be waived.
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CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
MAY 27, 2003
PAGE 2
7. CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS
Connie Dunbar, Arroyo Grande resident, spoke about issues related to nuclear power
and alternative energy sources. She suggested that the City consider the use of solar in
any new government center buildings.
Ted Kapner, Arroyo Grande resident, representing concerned neighbors on E. Cherry
and Garden Street, expressed concern regarding a single-family residence on E. Cherry
being used as a drug and alcohol rehabilitation facility. He explained that the property
owner was not complying with code enforcement efforts. He stated he wanted to inform
the City Council about the issue and that a meeting had been scheduled with staff later
in the week to discuss the issue.
Richard Venable, Arroyo Grande resident, spoke in opposition to the addition of fluoride
in the City's drinking water.
William WaQner responded favorably to the comments regarding the use of solar panels
in future government buildings; and spoke in opposition to water fluoridation.
8. CONSENT AGENDA
Council Member Costello requested that Item 8.d. be pulled.
Council Member Costello moved, and Council Member Lubin seconded the motion to
approve Consent Agenda Items 8.a. through 8. L, with the exception of 8.d., with the
recommended courses of action. City Attorney Carmel read the title of the Ordinance in
Item 8.L The motion carried on the following roll-call vote:
AYES: Runels, Costello, Lubin, Ferrara
NOES: None
ABSENT: Dickens
8.a. Cash Disbursement Ratification.
Action: Approved the listings of cash disbursements for the period May 1, 2003 -
May 15, 2003.
8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from
the Water Facility Fund.
Action: Received and filed the April 2003 cash report and approve the interfund
advance from the Water Facility Fund to cover cash deficits in other funds at April
30, 2003.
8.c. Consideration of Fiscal Year 2003-04 Appropriation Limit.
Action: Adopted Resolution No. 3678 establishing the appropriation limit from tax
proceeds for Fiscal Year 2003-04.
8.e. Consideration of Approval of Minutes.
Action: Approved the minutes of the Special and Regular City Council Meetings of
May 13, 2003 as submitted.
8.1. Consideration of Authorization to Solicit Bids for Spring 2003 Slurry Seal
Project No. PW 2003-04.
Action: 1) Authorized the Public Works Department to solicit construction bids for
the Spring 2003 Slurry Seal capital improvement project; 2) Find that the project is
_n._.~.,... '__'_^"~
CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
MAY 27,2003
PAGE 3
categorically exempt from CEQA pursuant to Section 15301(c); and 3) Direct the
Director of Administrative Services to file a Notice of Exemption.
8.g. Consideration of Authorization to Solicit Bids for Soto Sports Complex
Lighting Project, PW 2003-02.
Action: 1) Authorized the Public Works Department to solicit public construction
bids for the Soto Sports Complex Lighting project; 2) Found that the project is
categorically exempt from CEQA pursuant to Section 15301(e); and 3) Directed
the Director of Administrative Services to file a Notice of Exemption.
8.h. Consideration of Disadvantaged Business Enterprise Program (DBE) for
FFY 2003-04.
Action: 1) Approved the submittal of the FFY 2003-04 DBE Program with
"proposed" Overall Annual DBE Goal to Caltrans by June 2, 2003; 2) Directed the
Director of Administrative Services to publish a public notice in the local media in
accordance with Section XIV of the Program; and, 3) Directed staff to return to the
City Council with a summary of public comments and approval to submit the FFY
2003-04 DBE Program with "established" Overall Annual DSE Goal to Caltrans by
September 1, 2003.
8.L Consideration of an Ordinance Amending Title 13 of the Arroyo Grande
Municipal Code.
Action: Adopted Ordinance No. 540 repealing Sections 13.04.130 and 13.04.170
and adding Chapter 13.05 to Title 13 of the Municipal Code to provide additional
water conservation measures and to comply with State Water Code Section
10632.
Council Member Costello declared a potential conflict of interest on Item 8.d. due
to real property ownership near the project.
8.d. Consideration of Confirmation of Assessments for all Parcels within Tracts
1158 and 1769.
Recommended Action: 1) Adopt Resolution confirming landscaping assessments
of forty dollars ($40) for all parcels within Tract 1158; and 2) Adopt Resolution
confirming landscaping and lighting assessments of one hundred dollars ($100)
for all parcels within Tract 1769.
Council Member Runels moved. and Council Member Lubin seconded the motion to
approve Consent Agenda It~m 8.d, with the recommended courses of action. The motion
carried on the following roll-call vote:
AYES: Runels, Lubin, Ferrara
NOES: None
ABSENT: Dickens, Costello
_.._._._._~~_.,--
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 27, 2003
PAGE 4
9. PUBLIC HEARINGS:
9.a. Consideration of a Proposed Ordinance Amending Chapter 16.52.150 of the
Development Code Regarding Second Residential Dwellings; Development
Code Amendment 03-003.
Community Development Director Strong presented the staff report, recommended the
Council introduce an Ordinance amending portions of Title 16 of the Municipal Code
regarding Second Residential Dwellings, and responded to questions from Council
regarding setback requirements, occupancy requirements, deed restrictions, CC&R's,
maximum slope requirements, parking requirements, and minimum lot sizes.
I
Mayor Ferrara opened the public hearing, and upon hearing no public comments, he
closed the public hearing.
Council Member Costello supported the proposed Ordinance in order to meet the State's
requirements.
Council Member Lubin stated he was uncomfortable with the requirement for owner-
occupancy as he felt it was onerous and could not be enforced. He commented that lot
size may not be important as long as the second dwelling meets the required setbacks
and has architectural compatibility. He supported moving ahead with the Ordinance;
however he wanted to see the owner-occupied restriction removed.
Council Member Runels expressed concern with parking requirements, and stated that
on-street parking should be restricted on certain days, such as for street sweeping.
Mayor Ferrara expressed concern with the minimum lot size requirements. He
supported the owner occupancy deed restriction requirement as it ensured a means for
providing continued affordable housing. He said he would not support the Ordinance
without the deed restriction requirement.
Discussion ensued with regard to minimum lot sizes and deed restrictions. Following
discussion, there was consensus of the Council to amend the proposed Ordinance prior
to introduction as follows: Section 1, B.1., delete the phrase "except the RE District";
delete all references of "unit" in the Ordinance; amend Table 16.32.040-A, #15, RE
District, change (G) to (NP).
Council Member Costello moved to introduce the Ordinance, as modified, amending
portions of Title 16 of the Municipal Code regarding Second Residential Dwellings.
Council Member Runels seconded the motion, and on the following roll-call vote, to wit:
AYES: Costello, Runels, Ferrara
NOES: Lubin
ABSENT: Dickens
--...-..-- - ---
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 27, 2003
PAGE 5
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed.
10. CONTINUED BUSINESS
None.
11. NEW BUSINESS
11.a. Consideration of Application to Join California Joint Powers Insurance
Authority (CJPIA).
City Manager Adams presented the staff report and recommended the Council direct the
City Manager to support consideration by the Central Coast Cities Self Insurance Fund
to join the California Joint Powers Insurance Authority (CJPIA) and direct staff to prepare
a resolution to approve the City's membership in the CJPIA Liability Program. He
introduced Mr. Jon Shull, who gave a brief overview of the program and distributed a
hard copy of his presentation entitled "California JPIA, Managing Risk to Protect Your
City's Future". Mr. Shull then responded to questions from Council regarding CJPIA's
methods for risk management, which would include extensive training sessions and the
performance of a risk management evaluation program.
Mayor Ferrara opened up the item for public comment, and upon hearing no public
comments, he closed the floor to public comment.
In response to questions by City Attorney Carmel, Mr. Shull provided an overview of
CJPIA's decision making process with regard to settlement of liability cases, and also
explained the process used in determining eligible attorneys available within the liability
program.
Following discussion, Council Member Lubin moved to direct the City Manager to
support consideration by the Central Coast Cities Self Insurance Fund (CCCSIF) to join
the California Joint Powers Insurance Authority (CJPIA) and direct staff to prepare a
resolution to approve the City's membership in the CJPIA Liability Program. Council
Member Runels seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Runels, Costello, Ferrara
NOES: None
ABSENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
11.b. Consideration of Adoption of the Water and Sewer Rate Study Update and
Resolution Establishing Sewer and Water Rates and Charges.
io
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 27, 2003
PAGE 6
Director of Public Works Spagnolo presented the staff report and recommended the
Council 1) Adopt the Water and Sewer Rate Study Update dated May 2003; 2) Provide
direction to staff on which rate structure to implement for the Water Fund; 3) Provide
direction to staff on which rate structure to implement for the Sewer Fund; and 4) Adopt
Resolution establishing new water and sewer rates and charges. Director Spagnolo
introduced Mr. Clayton Tuckfield, Tuckfield & Associates, who proceeded with a
presentation on the Water and Sewer Rate Study.
Mr. Tuckfield reviewed the Study's objectives; provided a utilities systems summary;
reviewed the water capital improvement plan; reviewed financing methods for water
capital improvement projects; reviewed the sewer capital improvement plan;. reviewed
identified financing methods for sewer capital improvement projects; provided a
comparison of projected revenue with revenue requirements for the water utility;
provided a comparison of projected revenue with revenue requirements for the sewer
utility; reviewed existing and proposed water rates; reviewed a water conservation rate
alternative; reviewed a chart showing typical water bills under proposed rates; provided a
comparison of residential water monthly bills with other communities; reviewed existing
and proposed sewer rates; reviewed sewer rates with water conservation; reviewed a
sewer flat rate alternative; reviewed a chart showing typical residential sewer bill under
proposed rates; provided comparison of residential sewer monthly bills with other
communities; and concluded by summarizing the Study's findings and
recommendations.
Council Member Costello asked questions regarding water consumption measurements
(units vs. gallons) and suggested that the water bill show gallons instead of units so the
average consumer would understand what the usage was.
Mayor Ferrara opened up the item for public comment.
Steve Ross, Arroyo Grande resident, commented that a usage-based fee discriminated
against large families. He suggested that the sewer fee could be based on the number
of bathrooms..
John Keen, Arroyo Grande resident, commented on the tiered rate structure and said the
City needed to generate revenue. He did not favor the water conservation structure.
Hearing no further public comments, Mayor Ferrara closed the floor to public comment.
Council Member Lubin moved to approve the Water and Sewer Rate Study Update
dated May 2003. Council Member Costello seconded the motion, and on the following
roll-call vote, to wit:
AYES: Lubin, Costello, Runels, Ferrara
NOES: None
ABSENT: Dickens
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 27, 2003
PAGE 7
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
Council Member Lubin moved to approve Option 1 - Existing Rate Structure (without
water conservation) for the Water Fund. Council Member Costello seconded the motion,
and on the following roll-call vote, to wit:
AYES: Lubin, Costello, Ferrara
NOES: Runels
ABSENT: Dickens
There being 3 AYES, 1 NO, and 1 ABSENT, the motion is hereby declared to be passed.
Council Member Lubin moved to approve Option 1 - Existing Rate Structure (without
water conservation) for the Sewer Fund. Council Member Costello seconded the motion,
and on the following roll-call vote, to wit:
AYES: Lubin, Costello, Runels, Ferrara
NOES: None
ABSENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
Council Member Lubin moved to adopt a Resolution establishing sewer and water rates
and charges based on the rate structures approved by Council. Council Member
Costello seconded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Costello, Runels, Ferrara
NOES: None
AB$ENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
11.c. Consideration of Contract with the County of San Luis Obispo for Animal
Control Services.
Chief of Police TerBorch presented the staff report and recommended the Council
approve the contract for animal control services with the County of San Luis Obispo.
Council and staff discussion ensued with regard to the increase in the contract rate.
In response to Council discussion and questions, Chief TerBorch explained that staff
explored potential alternatives for animal control services, including contracting with the
City of Santa Maria/County of Santa Barbara; starting an animal control program run by
-~ .--~--_.-
CITY COUNCIL/REDEVELOPMENT AGENCY MINUTES
MAY 27, 2003
PAGE 8
the City; developing a program in partnership with surrounding communities; or reducing
the level of service of County of San Luis Obispo animal control services. He stated that
even with the exorbitant increase in the new contract costs, when compared to the
alternative methods for providing animal control services, continuing to contract with the
County for animal control services continues to be the most cost effective approach.
Mayor Ferrara opened up the item for public comment, and upon hearing no public
comments, he closed the floor to public comment.
Council Member Runels moved to approve the contract for animal control services with
the County of San Luis Obispo. Council Member Costello seconded the motion, and on
the following roll-call vote, to wit:
AYES: Runels, Costello, Lubin, Ferrara
NOES: None
ABSENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
11.d. Consideration of Third Quarter Status Report.
[COUNCIURDA]
Director of Financial Services Snodgrass presented the staff report and recommended
the Council: 1) Approve detailed budget adjustments and recommendations as shown
on Schedule B; and 2) Approve Schedules A through E included in the Third Quarter
Budget Status Report.
Mayor/Chair Ferrara opened up the item for public comment, and upon hearing no public
comments, he closed the floor to public comment.
Council/Board Member Lubin moved 1) Approve detailed budget adjustments and
recommendations as shown on Schedule B; and 2) Approve Schedules A through E
included in the Third Quarter Budget Status Report. Council/Board Member Runels
secbnded the motion, and on the following roll-call vote, to wit:
AYES: Lubin, Runels, Costello, Ferrara
NOES: None
ABSENT: Dickens
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
- --,._-----
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 27,2003
PAGE 9
12. CITY COUNCIL REPORTS
a. MAYOR TONY M. FERRARA:
(1) San Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORTA). Met with Assembly Member Abel
Maldonado and Senator Bruce McPherson regarding the State's Housing
Mandate.
(2) Integrated Waste Management Authority (IWMA). Meets tomorrow; will
elect new officers.
(3) Other. Attended the Channel Counties Division Meeting in Fillmore.
b. MAYOR PRO TEM JIM DICKENS: (ABSENT)
(1 ) South County Youth Coalition. No report.
(2) South San Luis Obispo County Sanitation District (SSLOCSD). No
report.
(3) Other. None.
c. COUNCIL MEMBER THOMAS A. RUNELS:
(1 ) Zone 3 Water Advisory Board. Planted 30 pounds of trout in the Lake;
the Lake is 64% full; the Recreation Area was sold out and full for the
Memorial Day weekend; revenue for April was up 9% over prior year;
revenue for March was down 18% over prior year; gave a status update on
the Lopez Dam remediation project; discussed the water fluoridation issue;
the water treatment plant project is progressing; conducted election of
officers.
(2) County Water Resources Advisory Committee (WRAC). No report.
(3) Other. None.
d. COUNCIL MEMBER SANDY LUBIN:
(1 ) South County Area Transit (SCAT). No report.
(2) Economic Vitality Corporation (EVC). The Board voted to approve the
Women's Business Center proposal; the EVC's Annual Event will take
place on June 5th at the Embassy Suites in San Luis Obispo.
(3) Other. None.
e. COUNCIL MEMBER JOE COSTELLO:
(1 ) Air Pollution Control District (APCD). Reviewed District's FY 2003-04
proposed Budget; Approved $10,000 appropriation to support an emission
control demonstration project.
(2) Other. None.
13. CITY COUNCIL MEMBER ITEMS:
None.
14. CITY MANAGER ITEMS:
None.
-----
CITY COUNCIUREDEVELOPMENT AGENCY MINUTES
MAY 27,2003
PAGE 10
15. COUNCIL COMMUNICATIONS:
None.
16. STAFF COMMUNICATIONS:
City Manager Adams reminded the Council of the Special City Council/Redevelopment
Agency meeting to discuss the Preliminary Budget on Thursday, May 29, 2003 at 6:30
p.m.
17. COMMUNITY COMMENTS AND SUGGESTIONS:
John Keen, Arroyo Grande resident, referred to the water conservation ordinance that
was adopted earlier in the evening and expressed concerns about water usage in the
City. He spoke about the excessive watering of landscape areas and urged the City to
educate the public about water conservation. He further requested the Council to
consider limiting the amount or square footage of grass area on new development
projects.
18. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 10:55 p.m. to the Special City
Council/Redevelopment Agency Meeting on Thursday, May 29,2003 at 6:30 p.m.
Tony M. Ferrara, Mayor/Chair
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk/Agency Secretary
(Approved at CC Mtg )
-- --
MINUTES
SPECIAL MEETING OF THE CITY COUNCIUREDEVELOPMENT AGENCY
THURSDAY, MAY 29, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
CALL TO ORDER
The City Council/Redevelopment Agency of the City of Arroyo Grande met in special
session at 6:30 p.m. to consider the Fiscal Year 2003-04 and 2004-05 Preliminary Bi-
Annual Budget, with Mayor/Chair Tony M. Ferrara presiding.
ROLL CALL
Mayor/Chair Ferrara, Mayor Pro TemNice-Chair Dickens, Council/Board Member
Runels, Council/Board Member Lubin, and Council/Board Member Costello were
present. Staff members present were City Manager Adams, Chief of Police TerBorch,
Director of Administrative Services Wetmore, Director of Building and Fire Fibich, Public
Works Director Spagnolo, Parks, Recreation, and Facilities Director Hernandez,
Community Development Director Strong, and Financial Services Director Snodgrass.
FLAG SALUTE
Mayor/Chair Ferrara led the Pledge of Allegiance.
4. CITIZENS' INPUT. COMMENTS. AND SUGGESTIONS
None.
CONSIDERATION OF FISCAL YEAR 2002-03 PRELIMINARY ANNUAL BUDGET
City Manager Adams presented the proposed FY 2003-04 and FY 2004-05 Preliminary
Bi-Annual Budget to the City Council/RDA Board Members. Staff recommended the
Council review, discuss, and obtain public input on the preliminary budget and provide
direction to staff on any changes.
City Manager Adams provided an outline of staffs budget presentations which would
include a summary of revenue and expenditure projections, an overview of budget
strategies and recommendations; an overview of departmental key goals and
accomplishments; and an overview of the Capital Improvement Program.
Financial Services Director Snodgrass presented a summary of revenue and
expenditure projections; reviewed General Fund Revenues & Appropriations; and
presented proposed revisions to the City's Fiscal Policy.
City Manager Adams gave an overview of budget strategies and recommendations;
presented budget goals; reviewed other service level changes; reviewed previously
approved and proposed future cost control measures; and highlighted suggested
revenue increases.
----_.----
SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY MEETING MINUTES
MAY 29,2003
PAGE 2
City Manager Adams and Directors of the Administrative Services, Financial Services,
Community Development, Police, Building & Fire, Parks, Recreation & Facilities, and
Public Works highlighted FY 2002-03 Department Accomplishments and FY 2003-04
and FY 2004-05 Department Goals.
Director of Public Works Spagnolo gave an overview of the City's FY 2003-08 Capital
Improvement Program (CIP). He stated that for FY 2003-04 and 2004-05, there are 35
capital projects budgeted totaling $10,714,044. He gave a brief overview of FY 2003-04
CIP Proposed Funding Sources, FY 2003-04 CIP Expenditures by Project Type; an
overview of the five-year funding plan for pavement management and street
improvement projects; an overview of the funding plan for the Reservoir No. 1
replacement project; an overview of the major projects for FY 2003-04 & 2004-05; and
projects that may be funded by future grant funding.
Mayor/Chair Ferrara invited comments from those in the audience who wished to
address the Council regarding the preliminary budget.
Mike Byrd, Arroyo Grande resident, expressed concern regarding the elimination of
economic development efforts and the potential impacts to the business community. He
suggested that the elimination of the full-time position be reconsidered and spoke of the
importance of an ongoing, vigorous economic development program.
Hearing no further public comments, Mayor/Chair Ferrara closed the floor to public
comments.
Council/Board Member discussion and questions of staff ensued regarding proposed
amendments to the City's Fiscal Policy and support for increasing the City's General
Fund Reserves to 20% of Appropriations; support for creating Sewer and Water Fund
Reserve accounts; support for the City's proposed Work Program; support for funding
the third Fire Engineer position; the financial status of the Redevelopment Agency;
support for continuation of economic development programs and focusing efforts on
small businesses; support for the establishment and implementation of a citywide
vehicle replacement fund; acknowledgment of the City's decrease in debt service; and
the City's travel and training costs.
The City Council supported the Preliminary FY 2003-04 & FY 2004-05 Bi-Annual
Budget as presented. There was no formal action taken on this item.
6. ADJOURNMENT
Mayor/Chair Ferrara adjourned the Special Meeting at 8:45 p.m. to the next Regular
Meeting on Tuesday, June 10,2003 at 7:00 p.m.
------~--
SPECIAL CITY COUNCIUREDEVELOPMENT AGENCY MEETING MINUTES
MAY 29,2003
PAGE 3
Tony M. Ferrara, Mayor/Chair
ATTEST:
Kelly Wetmore, Director of Administrative Services/
Deputy City Clerk/Agency Secretary
_._-~--
-~---~
a.C.
MEMORANDUM
TO: CITY COUNCIL
FROM: l YNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
SUBJECT: CONSIDERATION OF ACCEPTANCE OF GASB 34
INFRASTRUCTURE INVENTORY & VALUATION REPORT
DATE: JUNE 10, 2003
RECOMMENDATION:
It is recommended the City Council receive and file the GASB 34 (Governmental
Accounting Standards Board Statement No. 34) Infrastructure Inventory & Valuation
Report .
FUNDING:
There is no fiscal impact from this action.
DISCUSSION:
In June 1999, the Governmental Accounting Standards Board (GASB) issued
Statement Number 34 that requires major changes in the financial reporting fonnat for
local governments. The revised focal government financial reporting framework and
financial reporting model was the biggest change in the history of public-sector
accounting and financial reporting. The changes included consistent financial reporting
standards; narrative introductions and overviews of basic financial statements;
expanded budgetary reporting; and the inclusion of infrastructure assets in the
statements.
This is the first time that governmental entities have been mandated to include
infrastructure asset information as part of the financial statements. Infrastructure assets
are long-lived capital assets that nonnally are stationary in nature and serve for a
. significantly greater number of years than most capital assets. Examples of
infrastructure assets include roads, sidewalks, bridges, and drainage systems. The City
of Arroyo Grande, like all other local governments, had not valued these assets in, the
past.
In May 2002 the City, in coordination with the cities of Paso Robles, Santa Maria, and
Pismo Beach, contracted with Conrad Business Services to value City infrastructure
assets. A coordinated effort between Conrad Business Services, the Public Works
Department, and the Financial Services Department was undertaken to value the
infrastructure. Meetings were held, records were examined, City trees were counted,
memories were taxed, and average costs were used to compile the finished document.
CITY COUNCIL ACCEPTANCE OF GASB 34 INFRASTRUCTURE INVENTORY &
V ALUA TION
JUNE 10, 2003
PAGE 2
The attached finished report is a detailed and complete valuation of the City's assets.
The report details the value of the pavement of named streets, sewer manholes, water
lines, and the trees. The detailed information can now be installed in a fixed asset
program, maintained for yearly additions and deletions, depreciation calculated, and the
value reported on the City's annual audit in compliance with GASB 34.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff recommendation to accept the GASB 34 Infrastructure
Inventory and Valuation;
- Do not accept the report;
- Modify the report for any discrepancies noted by the City Council;
- Provide direction to staff.
J
I
- -- --- I
I.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER fk
SUBJECT: CONSIDERATION OF PARTICIPATION IN THE CALIfORNIA
JOINT POWERS INSURANCE AUTHORITY (CJPIA) JOINT
PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE
DATE: JUNE 10,2003
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution approving the
City's participation in the California Joint Powers Insurance Authority (CJPIA)
liability coverage program.
FUNDING:
The initial deposit amount that will be charged to the City for FY 2003-04 will be
$173,159. This amount of funding is included in FY 2003-04 of the proposed
budget for liability coverage. It is approximately $38,000 less than the estimated
cost would be under the existing Central Coast Cities Self Insurance Fund
(CCCSIF) program.
DISCUSSION:
Participation in the CJPIA was considered by the City Council at the May 27,
2003 meeting. Staff was directed to prepare a resolution to approve the City's
membership in the CJPIA Liability Program if approved by the CCCSIF Board of
Directors at their May 28, 2003 meeting. Participation in the CJPIA was
approved by the CCCSIF.
The City currently participates in the CCCSIF for both its liability and workers'
compensation insurance programs. The economic downturn and impacts of
September 11 th have had a significant impact on the market for liability coverage.
Costs for liability insurance have increased and the City's self-insured amount
has been raised from $100,000 to $250,000.
After researching ways to mitigate these cost impacts, the CCCSIF determined
the option that would provide the greatest benefit to member cities is participation
in the CJPIA. The CJPIA was formed in 1977 and currently includes 94
agencies, which consists of 84 cities, 6 joint powers authorities and 4 special
____n_...__
CITY COUNCIL
PARTICIPATION IN CALIFORNIA JOINT POWERS AUTHORITY (CJPIA)
JOINT PROTECTION PROGRAM FOR LIABILITY COVERAGE
JUNE 10, 2003
PAGE 2
districts. The CJPIA liability program differs from the CCCSIF in that the largest
portion of coverage is addressed through a risk-sharing layer. This risk-sharing
program is expected to help stabilize and control long-term liability costs. Costs
will be much less subject to fluctuations in the insurance market. Costs that
would otherwise be charged for profit to the insurance provider are instead re-
invested in the program. In addition, members of the program are subject to a
much smaller self-insured risk amount.
The CJPIA is similar to the CCCSIF in that it uses a primary deposit and annual
retrospective adjustments to allocate the costs of the pool among its members.
However, the cost allocation is different. The cost allocation formula is such that
each member's primary deposit is charged directly for the first $30,000 in costs
for each occurrence. Costs per occurrence from $30,000 to $750,000 are pooled
based on each member's share of the under $30,000 costs. Costs from
$750,000 to $5,000,0000 per occurrence are pooled based on the member's
share of the total payroll of all the members. Costs from $5,000,000 to
$50,000,000 per occurrence are transferred to the CJPIA's re-insurer.
A resolution is attached that will approve execution of the joint powers agreement
and participation in the joint protection program providing liability coverage
through self-insurance, loss pooling and excess coverage. Membership in the
CJPIA will become effective July 1, 2003. The City will continue to be a member
of the CCCSIF for the worker's compensation program and at least another year
for liability claims prior to July 1, 2003. Therefore, the transition period will
involve some duplication in administrative costs, but is still expected to provide
an overall savings.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the attached resolution to approve the City's participation in
the California Joint Powers Insurance Authority (CJPIA) liability
coverage program;
- Do not adopt the resolution and direct staff to pursue other liability
coverage options;
- Provide staff with other direction.
------- -- --------~.._._--~-~-_._-
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, CALIFORNIA,
APPROVING EXECUTION OF THE JOINT POWERS
AGREEMENT CREATING CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY, AND FURTHER APPROVING
PARTICIPATION IN ITS JOINT PROTECTION PROGRAM
PROVIDING LIABILITY COVERAGE THROUGH SELF.
INSURANCE, LOSS POOLING AND EXCESS INSURANCE
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES HEREBY FIND
AND RESOLVE AS FOLLOWS:
WHEREAS, pursuant to the provisions of Sections 990, 990.4, 990.8 and 6500 of the
Government Code, CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ("CALIFORNIA JPIA")
has been created by a" Joint Powers Agreement: and
WHEREAS, a Joint Protection Program has been developed by said CALIFORNIA JPIA
pursuant to the provisions of said Agreement: and
WHEREAS, Article 21 of said Agreement provides for additional members to become
" parties to the Joint Powers Agreement creating the CALIFORNIA JPIA, after the first year
of its operation, and thereupon enter the Joint Protection Program providing General
and Automobile Liability Coverage through self-insurance and loss pooling: and
WHEREAS, the self-insurance and loss pooling programs of the CALIFORNIA JPIA, as
well as its group insurance coverage programs, offer significant advantages to the City
in terms of cost, protection, risk management and loss control advice and assistance,
and entering such programs would be and is in the best interest of this City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES HERESY RESOLVE, ORDER AND DETERMINE THE FOLLOWING:
Section 1. That the Mayor of the City of Arroyo Grande is hereby authorized and
directed to execute the Joint Powers Agreement on behalf of the City of Arroyo Grande
binding the Member to the terms and conditions of said Agreement.
Section 2. That the City of Arroyo Grande hereby joins the Joint Protection Program
of CALIFORNIA JPIA, providing self-insurance and loss pooling for General and
Automobile Liability for a period of not less than three (3) years.
Resolution No.
Page 2
On motion by Council Member , seconded by Council Member .
And by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of ,2003.
Resolution No.
Page 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
I
I
8.e.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER rftt
SUBJECT: CONSIDERATION OF A CONTRACTOR SERVICES AGREEMENT FOR
UNIFORM RENTAL AND RELATED SERVICES
DATE: JUNE 10,2003
RECOMMENDATION:
It is recommended the City Council:
A. approve a Contractor Services Agreement with AmeriPride Uniform Services in the
amount of $15,267.90 (projected over a three-year period); and,
B. authorize the Mayor to execute the Agreement.
FUNDING:
Funds for this service agreement are included in the FY 2003/04 and FY 2004/05 budget in the
amount of $8,715.00. Funding has been divided between the Print Shop and the Parks,
Recreation and Facilities and Public Works Departments. Funding for year 3 of the agreement
will be provided for in a future budget.
DISCUSSION:
The extended uniform service agreement with Mission Linen & Uniform Service expires on July
8, 2003. The service agreement provides a set level of service and pricing for uniform rental
and laundry service for the uniforms, jackets, coveralls, floor rugs and shop towels used by the
Print Shop, Parks, Recreation and Facilities and Public Works Departments.
Bid specifications to supply uniforms and related services were made available on April 10,
2003. Three bids were received and opened on May 8, 2003. A summary of the bids is
attached for Council's information. The lowest bid was received by AmeriPride Uniform
Services. The term of the agreement will provide services for a three (3) year term commencing
on July 8, 2003.
AL TERNA TIVES:
The following alternatives are provided for Council consideration:
- Approve staffs recommendations;
- Do not approve staffs recommendations;
- Modify staffs recommendations as appropriate and approve; or
- Provide direction to staff.
Attachments: 1. Bid Summary
2. Service Agreement
-..- --------. .---
Attachment 1
BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: May 8, 2003
Uniform Services
TOTAL TOTAL
BIDDER'S NAME. CITY 1-YEAR 3-YEAR
Aramark Uniform Services $7,345.70 $22,037.10
Sylmar, CA
AmeriPride Uniform Services $5,089.30 $15,267.90
Paso Robles, CA
.
Mission Linen Supply $5,110.75 $15,332.25
Morro Bay, CA
~.~ U-k+nw~
Kelly Wet ore, r
Administrative Services Director/Deputy City Clerk
c: Director of Public Works
City Manager
Attachment 2
CONTRACTORSER~CESAGREEMENT
This Agreement is made upon the date of execution, as set forth below, by and between
AMERIPRIDE UNIFORM SERVICES (hereinafter referred to as "CONTRACTOR"), and the CITY OF
ARROYO GRANDE, a Municipal Corporation (hereinafter referred to as "CITY"). The parties hereto, in
consideration of the mutual covenants contained herein, hereby agree to the following terms and conditions:
1.00 GENERAL PROVISIONS
1.01 TERMS: This Agreement will become effective on the date of execution set forth below,
and will continue in effect until terminated as provided herein.
1.02 CONTRACT COORDINATION
a. CITY. The Public Works Director shall be the representative of CITY for all
purposes under this Agreement. The Community Development Director, or his designated representative.
hereby is designated as the Contract Manager for the CITY. He shall supervise the progress and execution
of this Agreement.
b. CONTRACTOR. CONTRACTOR shall assign a single Contract Manager to have
overall responsibility for the progress and execution of this Agreement for CONTRACTOR. The Contractor's
General Manager is hereby designated as the Contract Manager for CONTRACTOR. ShcMJld circumstances
or conditions subsequent to the execution of this Agreement require a substitute Contract Manager for any
reason, the Contract Manager designee shall be subject to the prior written acceptance and approval of the
CITY'S Contract Manager. CONTRACTOR'S Contract Team is further described in Exhibit "N attached
hereto and incorporated herein by this reference. The individuals identified and the positions held as
described in Exhibit" A" shall not be changed except by prior approval of CITY.
1.03 SERVICES TO BE PERFORMED BY CONTRACTOR: CONTRACTOR agrees to perform
or provide the services specified in the "Uniform Rental and Related Services General Bid Proposal
Provisions" and "Specifications for Uniforms and Laundry Service" attached hereto as Exhibit "A" and
incorporated herein by this reference.
CONTRACTOR shall determine the method. details and means of performing the abOve-referenced
services.
CONTRACTOR may, at CONTRACTOR'S own expense, employ such assistants, as
CONTRACTOR deems necessary to perform the services required of CONTRACTOR by this Agreement.
CITY may not control, direct or supervise CONTRACTOR'S assistants or employees in the performance of
those services.
1.04 COMPENSATION: In consideration for the services to be performed by CONTRACTOR.
CITY agrees to pay CONTRACTOR the consideration set forth in the amounts and under the terms provided
in Exhibit" A" attached hereto and incorporated herein by this reference.
2.00 OBLIGATIONS OF CONTRACTOR
2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR: CONTRACTOR agrees to devote
the hours necessary to perform the services set forth in this Agreement in an efficient and effective manner.
CONTRACTOR may represent, perform services for and be employed by additional individuals or entities, in
CONTRACTOR'S sole discretion, as long as the performance of these extra-contractual services does not
interfere with or present a conflict with CITY'S business.
2.02 TOOLS AND INSTRUMENTALITIES: CONTRACTOR shall provide all tools and
instrumentalities necessary to perform the services under this Agreement.
2.03 LAWS TO BE OBSERVED. CONTRACTOR shall:
a. Procure all permits and licenses, pay all charges and fees, and give all notices
which may be necessary and incidental to the due and lawful prosecution of the services to be performed by
CONTRACTOR under this Agreement;
b. Keep itself fully informed of all existing and proposed federal, state and local laws,
ordiriances, regulations, orders, and decrees which may affect those engaged or employed under this
Agreement, any materials used in CONTRACTOR'S performance under this Agreement, or the conduct of
the services under this Agreement;
c. At all times observe and comply with, and cause all of its employees to observe and
comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above;
d. Immediately report to the CITY'S Contract Manager in writing any discrepancy or
inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in
relation to any plans, drawings, specifications, or provisions of this Agreement.
2.04 RELEASE OF REPORTS AND INFORMATION. Any video tape, reports, information,
data, or other material given to, or prepared or assembled by, CONTRACTOR under this Agreement shall be
the property of CITY and shall not be made available to any individual or organization by CONTRACTOR
without the prior written approval of the CITY'S Contract Manager.
2.05 COPIES OF VIDEO TAPES, REPORTS AND INFORMATION. If CITY requests additional
copies of videotapes, reports, drawings, specifications, or any other material in addition to what the
CONTRACTOR is required to furnish in limited quantities as part of the services under this Agreement,
CONTRACTOR shall provide such additional copies as are requested, and CITY shall compensate
CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S direct expense.
2.06 QUALIFICATIONS OF CONTRACTOR. CONTRACTOR represents that it is qualified to
fumish the services described under this Agreement.
2.07 WORKERS' COMPENSATION AND OTHER EMPLOYEE BENEFITS: CITY and
CONTRACTOR intend and agree that CONTRACTOR is an independent contractor of CITY and agrees that
CONTRACTOR and CONTRACTOR'S employees and agents have no right to Workers' Compensation and
other employee benefits. I.f any worker insurance protection is desired, CONTRACTOR agrees to provide
Workers' Compensation and other employee benefits, where required by law, for CONTRACTOR'S
employees and agents. CONTRACTOR agrees to hold harmless and indemnify CITY for any and all claims
arising out of any claim for injury, disability, or death of CONTRACTOR and CONTRACTOR'S employees or
agents.
2.08 INDEMNIFICATION: CONTRACTOR hereby agrees to, and shall, hold CITY, its elective
and appointive boards, officers, agents and employees, harmless and shall defend the same from any
liability for damage or claims for damage, or suits or actions at law or in equity which may allegedly arise
from CONTRACTOR'S or any of CONTRACTOR'S employees' or agents' operations under this Agreement,
whether such operations be by CONTRACTOR or by anyone or more persons directly or indirectly
employed by, or acting as agent for, CONTRACTOR provided as follows:
a. That CITY does not, and shall not, waive any rights against CONTRACTOR which
it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by CITY, or the
deposit with CITY by CONTRACTOR, of any of the insurance policies hereinafter described.
!
~--- ---~_._------- __~_J
b. That the aforesaid hold-harmless agreement by CONTRACTOR shall apply to all
damages and claims for damages of every kind suffered, or alleged tQ have been suffered, by reason of any
of the aforesaid operations of CONTRACTOR or any agent or employee of CONTRACTOR regardless of
whether or not such insurance policies shall have been determined to be applicable to any of such damages
or claims for damages.
2.09 INSURANCE: CONTRACTOR shall not commence work under this Agreement until it has
obtained all insurance required under this section and such insurance shall have been approved by CITY as
to form, amount and carrier:
a. Public Liability and Property Damage Insurance. CONTRACTOR shall take out
and maintain during the life of this Agreement such public liability. and property damage insurance as shall
protect CITY, its elective and appointive boards, officers, agents and employees, and CONTRACTOR and
any agents and employees performing work covered by this Agreement from claims for damages for
personal injury, including death, as well as from claims for property damage which may arise from
CONTRACTOR'S or any subcontractor's operations under this Agreement, whether such operations be by
CONTRACTOR or by anyone directly or indirectly employed by CONTRACTOR and the amounts of such
insurance shall be as follows:
(1) Public Liability Insurance. In an amount not less than $1,000,000 for
injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person,
in an amount not less than $1,000,000 on account of anyone occurrence:
(2) Property Damage Insurance. In an amount of not less than $1,000,000 for
damage to the property of each person on account of anyone occurrence.
(3) Comprehensive Automobile liability. Bodily injury liability coverage of
$1,000,000 for each person in anyone accident and for injuries sustained by two or more persons in anyone
accident. Property damage liability of $1,000,000 for each accident.
(4) Workers' Compensation Insurance. In the amounts required by law as set
forth in Section 2.03 above.
b. Deductibles and Self-Insured Retentions. Any deductible or self-insured retention
must be declared to, and approved by, CITY. CITY may require that either the insurer reduce or eliminate
such deductibles or self-insured retentions as respects CITY, its elected or appointed officials, employees,
agents or volunteers; or CONTRACTOR shall procure a bond guaranteeing payment of all losses, and
related investigation, claims administration and legal expenses.
c. Proof of Insurance. CONTRACTOR shall furnish CITY, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal assurance
that each carrier will give CITY at least thirty (30) days' prior notice of the cancellation of any policy during the
effective period of this Agreement. The certificate or policy of liability of insurance shall name CITY as an
additional insured with CONTRACTOR.
3.00 TIME FOR COMPLETION OF THE WORK
Program scheduling shall be as described in Exhibit "A" unless revisions to the exhibit are approved
by the CITY'S Contract Manager and CONTRACTOR'S Contract Manager.
Time extensions may be allowed for delays caused by CITY, other governmental agencies, or
factors not directly brought about by the negligence or lack of due care on the part of the CONTRACTOR.
~
4.00 TEMPORARY SUSPENSION
The CITY'S Contract Manager shall have the authority to suspend this Agreement wholly or in part,
for such period, as she deems necessary due to unfavorable conditions or to the failure on the part of the
CONTRACTOR to perform any provision of this Agreement. CONTRACTOR will be paid the compensation
due and payable to the date of temporary suspension.
5.00 INSPECTION
CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the
services of CONTRACTOR are being performed in accordance with the requirements and intentions of this
Agreement. All work done and all materials furnished, if any, shall be subject to the CITY'S Contract
Manager's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of
its obligations to fulfill its Agreement as prescribed.
6.00 OWNERSHIP OF MATERIALS
All original drawings, videotapes and other materials prepared by or in possession of
CONTRACTOR pursuant to this Agreement shall become the permanent property of the CITY, and shall be
delivered to the CITY upon demand.
7.00 OBLIGATIONS OF CITY
7.01 COOPERATION: CITY agrees to comply with all reasonable requests of CONTRACTOR
necessary to the performance of CONTRACTOR'S duties under this Agreement.
8.00 TERMINATION OF AGREEMENT
8.01 TERMINATION OF NOTICE. Notwithstanding any other provision of this Agreement, any
party hereto may terminate this Agreement, at any time, without cause by giving at least thirty- (30) days
prior written notice to the other parties to this Agreement.
8.02 TERMINATION ON OCCURRENCE OF STATED EVENTS. This Agreement shall
terminate automatically on the occurrence of any of the following events:
a. Bankruptcy or insolvency of any party;
b. Sale of the business of any party;
c. Death of any party;
d. End of the Agreement to which CONTRACTOR'S services were necessary: or
e. Assignment of this Agreement by CONTRACTOR without the consent of CITY.
8.03 TERMINATION BY ANY PARTY FOR DEFAULT OF CONTRACTOR: Should any party
default in the performance of this Agreement or materially breach any of its provisions, a non-breaching
party, at its option, may terminate this Agreement, immediately, by giving written notice of termination to the
breaching party.
8.04 TERMINATION: This Agreement shall terminate on upon completion of services unless
extended as set forth in this section. CITY, with the agreement of CONTRACTOR, is authorized to extend
the term of this Agreement beyond the termination date, as needed, under the same terms and conditions
set forth in this Agreement. Any such extension shall be in writing and be an amendment to this Agreement.
8.05 RETURN OF MATERIALS.
Upon such termination, CONTRACTOR shall turn over to the CITY immediately any and all
- - ---'
copies of videotapes, studies, sketches, drawings, computations, and other data, whether or not completed,
prepared by CONTRACTOR, and for which CONTRACTOR has received reasonable compensation, or
given to CONTRACTOR in connection with this Agreement. Such materials shall become the permanent
property of CITY. CONTRACTOR, however, shall not be liable for CITY'S use of incomplete materials or for
CITY'S use of complete documents if used for other than the project or scope of services contemplated by
this Agreement.
9.00 SPECIAL PROVISIONS
9.01 INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any
interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this
Agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies
that no one who has or will have any financial interest under this Agreement is an officer or employee of
CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all
times be deemed an independent contractor and not an agent or employee of CITY.
9.02 DISCRIMINATION
No discrimination shall be made in the employment of persons under this Agreement
because of the race, color, national origin, ancestry, religion or sex of such person.
If CONTRACTOR is found in violation of the nondiscrimination provisions of the State of
California Fair Employment Practices Act or similar provisions of federal law or executive order in the
performance of this Agreement, it shall thereby be found in material breach of this Agreement. Thereupon,
CITY shall have the power to cancel or suspend this Agreement, in whole or in part, or to deduct from the
amount payable to CONTRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar
day during which such person was discriminated against, as damages for said breach of contract, or both.
Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal
agency or officer shall constitute evidence of a violation of contract under this paragraph.
If CONTRACTOR is found in violation of the nondiscrimination provisions of this Agreement
or the applicable affirmative action guidelines pertaining to this Agreement, CONTRACTOR shall be found in
material breach of the Agreement. Thereupon, CITY shall have the power to cancel or suspend this
Agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two
Hundred Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in
such noncompliance as damages for said breach of contract, or both.
10.00 MISCELLANEOUS
10.01 REMEDIES: The remedies set forth in this Agreement shall not be exclusive but shall be
cumulative with, and in addition to, all remedies now or hereafter allowed by law or equity.
10.02 NO WAIVER: The waiver of any breach by any party of any provision of this Agreement
shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement.
10.03 ASSIGNMENT: This Agreement is specifically not assignable by CONTRACTOR to any
person or entity. Any assignment or attempt to assign by CONTRACTOR, whether it be voluntary or
involuntary, by operation of law or otherwise, is void and is a material breach of this Agreement giving rise to
a right to terminate as set forth in Section 8.03. I
t
1
10.04 ATTORNEY FEES: In the event of any controversy, claim or dispute between the parties
hereto, arising out of or relating to this Agreement, or the breach thereof, the prevailing party shall be entitled,
in addition to other such relief as may be granted, to a reasonable sum as and for attorney fees.
10.05 TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this
Agreement, should the performance of any act required by this Agreement to be performed by either party be
prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials,
or any other cause except financial inability not the fault of the party required to perform the act, the time for
performance of the act will be extended for a period of time equivalent to the period of delay and
performance of the act during the period of delay will be excused; provided, however, that nothing contained
in this section shall exclude the prompt payment by either party as required by this Agreement or the
performance of any act rendered difficult or impossible solely because of the financial condition of the party
required to perform the act.
10.06 NOTICES: Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Agreement or by law to be served on or given to any party to
this Agreement shall be in writing and shall be deemed duly served and given when personally delivered or
in lieu of such personal service when deposited in the United States mail, first-class postage prepaid to the
following address for each respective party:
CITY: City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93421-0550
CONTRACTOR: AmeriPride Uniform Services
1850 Ramada Drive, Unit 2
Paso Robles, CA 93422
10.07 GOVERNING LAW: This Agreement and all matters relating to this Agreement shall be
governed by the laws of the State of Califomia in force at the time any need for the interpretation of this
Agreement or any decision or holding concerning this Agreement arises.
10.08 BINDING EFFECT: This Agreement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section
shall be construed as a consent by CITY to any assignment of this Agreement or any interest in this
Agreement.
10.09 SEVERABILITY: Should any provision of this Agreement be held by a court of competent
jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or
rule.
10.10 SOLE AND ENTIRE AGREEMENT: This Agreement constitutes the sole and entire
agreement between the parties with respect to the subject matter hereof. This Agreement correctly sets forth
the obligations of the parties hereto to each other as of the date of this Agreement. All agreements or
representations respecting the subject matter of this Agreement not expressly set forth or referred to in this
Agreement are null and void.
10.11 TIME: Time is expressly declared to be of the essence of this Agreement.
10.12 DUE AUTHORITY: The parties hereby represent that the individuals executing this
Agreement are expressly authorized to do so on and in behalf of the parties.
10.13 CONSTRUCTION: The parties agree that each has had an opportunity to have their
I
I
-.--
,
counsel review this Agreement and that any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendments
or exhibits thereto. The captions of the sections are for convenience and reference only, and are not
intended to be construed to define or limit the provisions to which they relate.
10.14 AMENDMENTS: Amendments to this Agreement shall be in writing and shall be made only
with the mutual written consent of all of the parties to this Agreement.
Executed on , at Arroyo Grande, California.
CITY OF ARROYO GRANDE
Tony M. Ferrara, Mayor
ArrEST:
Kelly Wetmore, Director of Administrative Servic8s/
Deputy City Clerk
CONTRACTOR
AmeriPride Uniform Services
APPROVED AS TO CONTENT
Steven Adams, City Manager
APPROVED AS TO FORM:
Timothy J. Carmel, City Attorney
~ ~
JUN-86-2883 18:34 AM MISSION UNIFORM SERVICE 885 772 7826 P.82
.
-~ . elTY fllf~_tl~tt\"E
'-= Mission
Linen Supply
03 JUN -6 PH~: 01
M_DH_....... ~~~"'~~
06-06-03
Shane Taylorl Don+tilldl5' ~ pCl~ 11'\0 lco
City of Arroyo Grande
Public works dept.
1375 Ash Street
Arroyo Grande CA 93420
On the eve of your recommendation to award the uniform contract I woutd like to
point out 80me issues that might effect your decisions.
The first consideration is the long history our company has had with your
departments. While perhaps this has not been perfect we do understand our working
relationships that only time will build. Should you choose another vendor such
intangibles as set-up and billing will undoubtedly causi you time. Time is money,
especially overtime. Mission Linen and the City of Arroyo Grande have long ago ironed
out these kinks.
The second consideration I would believe lends merit to our community
presence. Mission maintains an employee base of well over 100 people that either live
directly in you communlt'} or the surrounding communities. This means taxes and
constituency. OUf competitor's employ less than a dozen.
And finally as you will see in the spreadsheet our actual weekly rental coat i8
cheaper. Your decision to factor such things as loss and abuse based on history with our
company is irrelevant. Not only is it Impossible to predict how much of thi. you will pay
next year but also the policies that govern how we bill or consider loss and abuse vary
greatly from company to company.
Thank you for your time and your business.
Trevor Smith
Area Manager Mission Linen Supply '772-4451
I
JUN-06-2003 10:34 AM MISSION UNIFORM SERVICE 805 772 7826 P.03
..'
.
Mission
Linen Supply
nllllON ..... . UfiIFOIIIM IIIMCE
-'===----q;":'.~~."":=::;...
OS-06-03
Shane Taylorl Don Hinds
City of Arroyo Grande
Public works dept.
1375 Ash Street
Arroyo Grande CA 93420
~m.riprld. Mission ----
--
Items cos~ units weekl Items cost uni!s weekh,
-- -
ants 0.28 125 35 Dents 0.3 125 37.5
---"
shirts 0.28 125 35 ~~! 0.24 125 30
-,.- -
911~_.__ 0.04 75 3 ~~..- 0~05 75 3.75
3X4 1.5 3.5 5.25 ~~4 _ 1.6 3.5 5.6
- -
~ X ~__.______.__ -1_._______. 3,5 10.5 ~6 3 3.5 10.5
---
I~~ 0.85 2 1.7 24" 0.95 2 1.9
-. "---'
~36" 1 1 1 36" 1.25 1 1.25
------,-'~ -,- --- ~;;J - -
--- -- -
~.._kly C~~ _ 91.45J !wHklv Coat 90.5
.~-- ..
Thank you for your time and your business.
Trevor Smith
Area Manager Mission Linen Supply '!12-4451
-~- .._~- ~
8.f.
MEMORANDUM
TO: CITY COUNCIL -R7
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR.
SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING
PORTIONS OF TITLE 16 OF THE MUNICIPAL CODE REGARDING
SECOND RESIDENTIAL DWELLINGS; DEVELOPMENT CODE
AMENDMENT 03-003
DATE: JUNE 10, 2003
RECOMMENDATION:
It is recommended the City Council adopt the proposed ordinance introduced on May 27,
2003, entitled "An Ordinance of the City Council of Arroyo Grande Amending Portions of Title
16 of the Municipal Code Regarding Second Residential Dwellings"; Development Code
Amendment 03-003.
FUNDING:
There is no direct cost to the City for the proposed action. However, there may be some
reduction in future revenue since development impact fees will be reduced for second
dwellings.
DISCUSSION:
The City Council, on May 27,2003, held a public hearing and considered the Local Housing
Task Force and Planning Commission recommendations regarding second residential
dwellings. The Council reviewed a legislative draft, made minor revisions and introduced the
ordinance, which has been published in summary in the newspaper. Adoption of the
ordinance meets the July 1, 2003 state mandated deadline contained in AS 1866, which
eliminates the former Conditional Use Permit process.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt tne Ordinance as introduced; or
- Modify the provisions and republish for June 24 or July 8, 2003 adoption; or
- Defy or defer action and administer State criteria in the interim.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE
MUNICIPAL CODE REGARDING SECOND RESIDENTIAL
DWELLINGS
WHEREAS, the City of Arroyo Grande has a responsibility, pursuant to Government Code
Se~tions 65583.1 , 65852.2, and 65915 to address the need for second residential dwelling
units, while at the same time considering environmental and service constraints; and
WHEREAS, the Housing Element of the General Plan of the City of Arroyo Grande
adopted on October 9, 2001, provides for the utilization of second residential dwellings as
an affordable housing incentive in residential zones; and
WHEREAS, the City of Arroyo Grande has conducted environmental review for adoption of
an ordinance establishing procedures to provide for the development of second residential
dwellings in the City of Arroyo Grande, and has found that it can be $een with certainty that
there is no possibility that the proposed second residential dwelling requirements wUl have
an effect on the environment and therefore is exempt from the provisions of CEQA; and
'"
WHEREAS, the City Council of the City of Arroyo Grande has reviewed and considered the
information in the proposed document and.. staff report, as well as public testimony
presented at the hearing and make the following findings of fact:
A. The proposed second residential dwelling requirements are consistent with the
goals, objectives, policies, and programs of the General Plan, and are necessary
and desirable to implement the provisions of the General Plan.
B. The proposed second residential dwelling requirements will not adversely affect the
public health, safety, and welfare.
C. The proposed second residential dwelling requirements are consistent with the
purpose and intent of Title 16.
D. The potential environmental impacts of the proposed second residential dwelling
requirements are insignificant.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Section 16.52.150 is hereby amended it its
entirety as follows:
ORDINANCE NO.
PAGE 2
SECTION 16.52.150 - SECOND RESIDENTIAL DWELLINGS
A. Purpose and Intent
The purpose of these standards is to ensure that second residential dwellings
located in Residential Districts do not adversely impact either adjacent residential parcels
or the surrounding neighborhood, and are developed in a manner which protects the
integrity of the Residential District, while providing for needed housing opportunities. There
are environmental and service constraints the City faces, which limit the addition of second
dwellings. In particular, such dwellings may not be appropriate on hillside lots because of
environmental constraints. The addition of a second residential dwelling is limited by urban
service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts
and compatibility with neighboring uses and structures. This Chapter addresses these
limitations.
B. Applicability
1. Second residential dwellings may be permitted in any Residential
District, subject to the standards set forth in this Section.
2. Second residential dwellings may be attached to or detached from the
main dwelling, but are not allowed on the second floor above the
primary residence or garage unless approved through the Minor Use
Permit process. If the second dwelling is attached to the main
dwelling, each shall be served by separate outside entrances. The
interiorwall(s) of an attached dwelling which separate it from the main
unit shall be fire rated according to the most recent Uniform Building
Code. An "attached second residential dwelling" shall mean a
dwelling that is either combined within the living area or attached to
the primary residence. A "detached second residential dwelling" shall
mean a dwelling that is not combined within or attached to the primary
residence. For the purposes of this Chapter, "a dwelling" shall not
include a garage or any accessory structure. "Primary residence"
shall mean an existing detached residential structure that conforms
with all applicable zoning regulations.
3. A second residential dwelling may be constructed simultaneously with
or after construction of the principal residence. In addition, an existing
principal residence may be considered the second residential
dwelling, and a new residence may be constructed which would then
be considered the primary residence, provided the standards set forth
in this Section are met.
i
"
ORDINANCE NO.
PAGE 3
c. Property Development Standards
The second residential dwelling shall comply with all zoning regulations and property
development standards ofthe District in which it is located, existing building, health, safety
and fire codes, and architectural review criteria, including, but not limited to, setbacks,
height limits, floor area ratio, and maximum lot coverage. In addition, the following
standards shall apply:
1. Minimum Lot Size
The minimum lot size for a parcel to be eligible for a second dwelling
shall be 6,750 square feet, excluding all rights of way and private
access easements.
2. Building Separation
A detached second residential dwelling shall be located a minimum
distance equal to twice the applicable side yard setback from the
primary residence.
3. Yard Setbacks
The second residential dweUing shall have the same minimum yard
setback requirements as the base zone of the primary residence on
the parcel as outlined in Table 16.32.050-A and Table 16.32.050-B.
Setbacks outlined in Appendix C.W.D.219 as referenced in Table
16.32.050-8 and Table 16.32.050-A shall not be applicable to second
residential dwellings.
4. Architectural Compatibility
The second residential dwelling shall be architecturally compatible
with the primary residence and the surrounding neighborhood, and
shall incorporate the same. colors and materials as the primary
residence.
5. Maximum Size
Table 16.52.150-A defines the maximum square footage allowed for a
second dwelling in each residential zoning district. In no case shall
the square footage of a second dwelling exceed fifty percent (50%) of
the square footage of the primary residence.
ORDINANCE NO.
PAGE 4
TABLE 16.52.150-A
6. Maximum Slope
The building site upon which the second residential dwelling will be
constructed shall not have an average slope in excess of twenty
percent. A topographic map and slope analysis, as recommended by
the Community Development Director, shall be stamped and signed
by either a registered civil engineer, registered architect, or registered
landscape architect. Average slope is defined as follows:
S= I xL x 100
A x 43,560
Where S = average natural slope, in percent.
1= interval, in feet, of the contour lines.
L= the sum, in feet, of the length of the contour lines,
at selected contour interval "I".
A= the total area, in acres, of the site.
7. Parking
A minimum of one off-street parking space shall be provided for each
bedroom in the second residential dwelling, up to a maximum
requirement of two off street parking spaces, in addition to the off-
street parking spaces required for the main dwelling. All parking
spaces shall be exclusive of front and street side yard setbacks.
Such parking spaces shall be located in close proximity to the second
residential dwelling so as to provide convenient access for the
occupant. Proposed tandem parking requires approval of a
conditional use permit.
ORDINANCE NO.
PAGE 5
8. Occupancy Requirements
Second residential dwellings shall not be offered for sale apart from
the primary residence and shall be occupied on a month-to-month
basis or longer. Either the primary residence or the second residential
dwelling must be occupied by the owner of the property.
9. Driveway Access
Second residential dwellings shall be served by the same driveway
access to the street as the primary residence. Properties located on a
corner of two public streets are allowed a separate access from the
primary residence, provided that access for the second dwelling is
from a different public street than the primary residence.
10. Deed Restriction
A deed restriction shall be recorded against the title of the property
containing a second residential dwelling prior to issuance of a building
permit. Such deed restriction shall stipulate that the second dwelling
cannot be sold and the owner of the property must occupy one of the
dwellings on the premises.
11. Utility Meters
Except in multiple family zoning districts, only one electric, one gas
and one water meter shall be allowed on the property and shall serve
both the primary residence and the second residential dwelling.
Applicable utility and development impact fees for the second dwelling
will be assessed at the time a building permit is issued, based on
building area and fixtures added.
12. Minor Use Permit
Any proposed deviation from these standards shall be processed
through a minor use permit application.
13. Other Conditions
a. Second residential dwellings shall be served by City water.
Second residential dwellings shall be prohibited on lots containing a
guesthouse, converted garage, mobile home, or more than one
existing single-family dwelling.
ORDINANCE NO.
PAGE 6
b. Second residential dwellings shall comply with such other
conditions or standards which, in the judgment of the City, are
necessary or appropriate to mitigate possible adverse impacts on the
neighborhood.
D. STATE LAW APPLICABLE
The provisions of this Section shall be subordinate to and superceded by the
controlling provisions of any applicable State law or laws.
SECTION 2: A portion of Arroyo Grande Municipal Code Table 16.32.040-A is amended
as follows:
Table 16.32.040-A Uses Pennitted Within Residential Districts
USE RE RH RR RS SF VR MF MFA SR MHP
A Residential Uses
15. Second Residential P P P P P P P P P NP
Dwelling
SECTION 3: Arroyo Grande Municipal Code Chapter 16.04, Section 16.04.070(C.),
DEFINITIONS is amended as follows:
Second Dwelling: A detached or attached dwelling that provides complete,
independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel or
parcels upon which the primary residence is situated.
SECTION 4: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision 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, clause or phrase thereof, irrespective of the
act that anyone or more section, subsection, subdivision, paragraph, sentence, clause or
phrases be declared unlawful.
SECTION 5: 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 Director of Administrative
Services/Deputy 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 Director of Administrative Services/Deputy
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
--
ORDINANCE NO.
PAGE 7
SECTION 6: This Ordinance shall become effective thirty (30) days after the date of its
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 day of ,2003.
i
ORDINANCE NO.
PAGE 8
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
9.a.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public
Hearing on the following item:
CASE NO: Conditional Use Permit No. 02-013
LOCATION: 1049 EI Camino Real
PROPOSAL: The applicant is proposing to construct a commercial/retail warehouse for Farm'
Supply.
APPLICANT: Farm Supply
In compliance with the California Environmental Quality Act, the Community Development
Department has prepared a Mitigated Negative Declaration on the above project. The Mitigated
Negative Declaration is available for review at the Community Development Department, City of
Arroyo Grande. If the City Council does not feel that a Mitigated Negative Declaration is appropriate,
project approval will not be considered.
Any person affected or concerned by this application may submit written comments to the
Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during
normal business hours (8:00 a.m. to 5:00 p.m.) before the City Council hearing, or appear and be
heard in support of or opposition to the project and the environmental impacts at the time of hearing.
The project application is available for public inspection at the above address.
If you challenge an item in court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in written correspondence delivered to
the City Council at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the
action of the legislative body for which the notice was given.
Date and Time of Hearing: Tuesday, June 10, 2003, 7:00 p.m.
Place of Hearing: Arroyo Grande City Council Chambers
215 East Branch Street \
Arroyo Grande, CA 93420
"
Publish 1T, Friday, June 10, 2003
---,...-._---- ----------
MEMORANDUM
TO: CITY COUNCIL
FROM: f KELLY HEFFERNON
ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT CASE NO.
02-013 TO CONSTRUCT A TWO-8TORY BUILDING FOR
RETAIL SALE OF FARM SUPPLIES; 1049 EL CAMINO REAL;
JIM BRABECK FOR FARM SUPPLY
DATE: JUNE 10, 2003
RECOMMENDATION:
The Planning Commission recommends the Council adopt a Resolution approving a
mitigated negative declaration, instructing the Director of Administrative Services to file
a Notice of Determination, and approving Conditional Use Permit Case No. 02-013.
FUNDING:
There is no financial impact to the City as a result of approving the proposed project.
DISCUSSION:
BackQround
The Planning Commission considered the proposed project on May 6, 2003. After
discussing issues related to undergrounding of overhead utilities, traffic impacts,
parking, drainage, and impact fees, the Planning Commission recommended approval
of the project to the City Council on a 4:0 vote (reference Attachment 1 for Planning
Commission meeting minutes). Staff has amended the conditions of approval relating
to the issues discussed per Planning Commission direction.
The project site is approximately 3.2-acres in size and is zoned Industrial (I) with a Mixed
Use (MU) land use designation. The property is mostly paved and slopes gently down
from EI Camino Real. The site is currently used for storing vehicles and rental equipment
and is surrounded by similar commerciaVindustrial uses on all sides.
-~--~.--~-----_.__..._._.- -----------..--
CITY COUNCIL
CONSIDERATION OF CONDITIONAL USE PERMIT CASE NO. 02-013 TO CONSTRUCT A TWO-
STORY BUILDING FOR RETAIL SALE OF FARM SUPPLIES; 1049 EL CAMINO REAL; JIM
BRABECK FOR FARM SUPPLY JUNE 10, 2003
PAGE 2
Project Description
The applicant is proposing to construct a two-story, prefabricated metal building for retail
sale of farm supplies. The project includes 5,000 square feet of retail area on the ground
floor, 5,000 square feet of covered outdoor storage, and 2,950 square feet of future
office/storage area on the upper floor. Adequate parking is provided for the project,
including the future second floor area.
PROJECT SUMMARY
Parking Setbacks Height Lot Floor Area
Coverage Ratio
Development
Code 38 Front: 20 ft. 30 feet 50% 0.45 max.
Requirements spaces Interior Side: 0
ft.
Rear: 0 ft.
Proposed
38 Front: 47ft. 22 feet 7% 0.09
spaces N. Side: 50 ft.
S. Side: n/a
Rear: 140 ft.
Proposed building materials include natural galvanized corrugated metal roofing, rustic
red exterior siding, dark bronze windows and doors, and white trim and gutters. Security
lighting is proposed in the parking lot, consistent with Development Code requirements.
The preliminary landscape plan shows a total of eight (B) trees and a variety of shrubs
and ground cover species concentrated within the parking area along the EI Camino
Real frontage. As shown on Plan A-B, the combined retaining wall and fence height
exceeds the six-foot (6') maximum allowed in some areas, requiring a Minor Exception
application.
The alignment of EI Camino Real shows a one hundred foot (100') right-of-way, placing
the front section of the off street parking for the project within City property and
therefore requiring City Council approval of an encroachment permit. In the event that
the encroachment permit is later revoked, adequate parking can be accommodated on-
site towards the rear of the property.
The Staff Advisory Committee (SAC) reviewed the project on February 19, 2003 (the
meeting notes are included as Attachment 2). Issues discussed included traffic impacts,
encroachment into the EI Camino Real right-of-way, need for a turning pocket lane on EI
Camino Real, parking, and fencing details. Also discussed was the requirement to
underground utilities. The applicant has requested a waiver of this requirement,
--~-_.'---""'_--'_"_- -- -~._-_. ------...-.- ____'M'_,___
CITY COUNCIL
CONSIDERATION OF CONDITIONAL USE PERMIT CASE NO. 02-013 TO CONSTRUCT A TWO-
STORY BUILDING FOR RETAIL SALE OF FARM SUPPLIES; 1049 EL CAMINO REAL; JIM
BRABECK FOR FARM SUPPLY JUNE 10, 2003
PAGE 3
included as Attachment 3. The Planning Commission recommends that the
undergrounding requirement be waived, but also suggests that the landowner accept a
fair share responsibility for the undergrounding of utilities and install conduit along the
property frontage.
The Architectural Review Committee (ARC) considered the project on March 3, 2003 and
unanimously recommended approval after discussing some architectural design and
landscaping details (ARC meeting notes are included as Attachment 4). Per ARC
comments, the elevations were amended to include a cupola on top of the structure to add
a more authentic "barn-like" feature, and a condition has been added to require additional
trees on the south side of the project.
Environmental Assessment
Staff has reviewed this project in compliance with the California Environmental Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for
Implementation of CEQA. Based on the review, staff does not anticipate that this project
will have a significant effect on the environment. Therefore, staff has prepared a negative
declaration with mitigation measures for Council's consideration (see Initial Study,
Attachment 5).
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
1. Approve the Planning Commission's recommendation and adopt the resolution;
2. Modify the Planning Commission's recommendation and adopt the resolution; or
3. Modify the resolution to include findings for denial.
Attachments:
Resolution approving CUP 02-013
Exhibit "A": Conditions of Approval
Exhibits "B1 - B7": Project Plans
1. Planning Commission meeting minutes of May 6, 2003
2. Staff Advisory Committee Meeting Notes of February 19, 2003
3. Letter from applicant requesting an exception to the undergrounding of utilities
requirement
4. Architectural Review Committee Meeting Notes of March 3, 2003
5. Initial Study
~--_._.__.~- --------..-------
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE ADOPTING A MITIGATED NEGATIVE DECLARATION,
INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE SERVICES TO
FILE A NOTICE OF . DETERMINATION, AND APPROVING
CONDITIONAL USE PERMIT CASE NO. 02-013, LOCATED AT 1049 EL
CAMINO REAL, APPLIED FOR BY FARM SUPPLY
WHEREAS, the City Council of the City of Arroyo Grande has considered an application
for Conditional Use Permit Case No. 02-013, filed by Farm Supply, to construct a two-
story building for retail sale of farm supplies; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with the City Code; and
WHEREAS, the Planning Commission has found that this project is consistent with the
General Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, a"nd the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that a Mitigated
Negative Declaration can be adopted; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
~ . The proposed use is permitted within the Industrial (I) zoning district pursuant to
Section 16.16.050 of the Development Code, and complies with all applicable
provisions of the Development Code, the goals and objectives of the Arroyo
Grande General Plan, and the development policies and standards of the City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and setbacks
would be provided.
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity because the
proposed project would not create adverse environmental impacts.
RESOLUTION NO.
PAGE 2
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEOA), for
Conditional Use Permit Case No. 02-013.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a negative declaration and finds
that there is no substantial evidence of any significant adverse effect, either
individually or cumulatively on wildlife resources as defined by Section 711.2 of the
Fish and Game Code or on the habitat upon which the wildlife depends as a result
of development of this project. Further, the Planning Commission finds that said
Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council" of the City of Arroyo
Grande hereby adopts a Mitigated Negative Declaration, instructs the Director of
Administrative Services to file a Notice of Determination, and approves Conditional Use
Permit Case No. 02-013, with the above findings and subject to the conditions as set forth
in Exhibit nAn, attached hereto and incorporated herein by this reference.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of June 2003.
I
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR ~ ADMINISTRATIVE SERVICESI
DEPUTY CI CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT CASE NO. 02-013
Farm Supply
1049 EI Camino Real
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the construction of a two-story building for retail sale of farm
supplies.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 02-013.
3. This application shall automatically expire on June 10, 2005 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of June 10,2003 and marked Exhibits "B1 - B7".
5. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense in the defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
DEVELOPMENT CODE
6. Development shall conform to the Industrial (I) zoning requirements except as
otherwise approved.
7. Signage shall be subject to the requirements of Development Code Chapter 16.60.
No signage has been approved with this Conditional Use Permit.
RESOLUTION NO.
PAGE 5
8. Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans except as specifically modified by these conditions.
9. All parking spaces adjaceht to a wall, fence, or property line shall have a minimum
width of 11 feet.
NOISE
10. . Construction shall be limited to between the hours of 8 a.m. and 6 p.m. Monday
through Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall
occur on Sunday.
LIGHTING
11. All lighting for the site shall be downward directed and shall not create spill or glare
to adjacent properties.
WATER
12. All new Construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets. instant water heaters and hot water recirculating systems. Water
conserving designs and fixtures shall be installed prior to final occupancy.
SOLID WASTE
13. Solid waste pick-up location as identified is acceptable. Trash enclosures shall be
screened from public view with landscaping or other appropriate screening
materials. and shall be made of masonry or concrete with an exterior finish that
complements the architectural features of the main building. The trash enclosure
area shall accommodate recycling container(s).
14. Trash enclosures shall be reserved exclusively for dumpster and recycling
container storage. Miscellaneous tires, auto parts. boxes. bins. racks, etc.. will
not be allowed within the enclosure.
PRIOR TO ISSUING A BUILDING PERMIT:
15. The applicant shall submit an exterior lighting (photometric) plan for parking area
lighting.
16. A Minor Exception application must be processed and approved for any fencelwall
combination exceeding six feet (6') in height.
RESOLUTION NO.
PAGE 6
17. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development
Department and the Parks & Recreation Department. The landscaping plan shall
include the following:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
1. Deep root planters shall be included in areas where trees are within five
feet (5') of asphalt or concrete surfaces and curbs;
2. Water conservation practices including the use of low flow heads, drip
irrigation, mulch, gravel, drought tolerant plants and mulches shall be
incorporated into the landscaping plan; and
3. An automated irrigation system.
4. The selection of groundcover plant species shall include native plants.
5. Linear planters shall be provided in the parking area.
6. Street trees shall be a minimum of 15-gallon size. ,
7. The Final Landscape Plan shall show trees planted along the south
border of the project site adjacent to the off-street parking. The trees
should be of medium height at maturity (20-40 feet), similar to "Mock
Orange" trees (botanical name "Undulatum pittosporum")
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
18. Development shall comply with Development Code Sections 16.48.070, "Fences,
Walls and Hedges"; 16.48.090, "Lighting"; 16.48.120, "Performance Standards";
and 16.48.130 "Scree'ning Requirements".
19. All electrical panel boxes shall be installed inside the building.
ARCHITECTURAL REVIEW COMMITTEE
20. All ducts, meters, air conditioning equipment, and other mechanical equipment,
whether on the ground, on the structure or elsewhere, shall be screened from
public view behind the parapets, or with materials architecturally compatible with
the main structure.
PARKS AND RECREATION DEPARTMENT CONDITIONS
21. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
22. Linear root barriers shall be used for trees planted along the property frontage.
RESOLUTION NO.
PAGE 7
POLICE DEPARTMENT
PRIOR TO ISSUING A BUILDING PERMIT:
23. The applicant shall submit an exterior lighting plan for Police Department approval.
PRIOR TO ISSUING THE CERTIFICATE OF OCCUPANCY:
.24. The applicant shall install a burglar alarm system per Police Department
guidelines, and pay the Police Department alarm permit application fee.
25. The applicant shall post designated fire lanes, per Section 22500.1 of the
California Vehicle Code.
26. The applicant shall post handicapped parking, per Police Department
requirements.
BUILDING AND FIRE DEPARTMENT
27. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
28. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
29. The project shall have a fire flow of 1,500 gallons per minute for a duration of two
(2) hours.
PRIOR TO ISSUING A BUILDING PERMIT:
30. The applicant shall show proof of properly abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
PRIOR TO OCCUPANCY:
31. The applicant must provide an approved "security key vault" per Building and Fire
Department guidelines.
32. Fire hydrants shall be installed, per Fire Department and Public Works Department
standards.
33~ All buildings must be fully sprinklered per Building and Fire Department guidelines.
--~
RESOLUTION NO.
PAGE 8
PUBLIC WORKS DEPARTMENT
34. Fees - The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other,exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the. requirements of the . imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
RESOLUTION NO.
PAGE 9
GENERAL IMPROVEMENT REQUIREMENTS
35. Site Maintenance - The developer shall be responsible during construction for
cleaning city streets, curbs, gutters and sidewalks of dirt tracked from the project
site. The flushing of dirt or debris to storm drain or sanitary sewer facilities shall
not be permitted. The cleaning shall be done after each day's work or as
directed by the Director of Public Works.
36. Encroachment Permit - The applicant shall be responsible for obtaining an
encroachment permit for all work within a public right of way.
37. Gradina - All grading shall be done in accordance with the City Grading
Ordinance.
38. Improvements reauired - All project improvements shall be designed and
constructed in accordance with the City of Arroyo Grande Standard Drawings
and Specifications, except as may be modified by these conditions of approval.
The following improvement plans shall be prepared by a registered Civil
Engineer and approved by the Public Works Department:
a. Grading, drainage and erosion control.
b. Curb, gutt~r and sidewalk.
c. Public utilities.
d. Water and sewer.
e. Street improvement plans.
39. Site Plan Reauirements - The site plan shall include the following:
a. The location and size of all water, sewer and stormwater facilities within
the project site and abutting streets or alleys.
b. Location, quantity and size of all sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All property lines, right-of-ways and easements.
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
g. The location of all existing and proposed improvements such as retaining
walls, walkways, parking.
40. Improvement aareement - Prior to approval of any improvement plans, the
applicant shall enter into an agreement with the City for inspection of the
required improvements.
41. Parkina lot desian - The cross slope on parking lot driving lanes shall not exceed
5 percent.
RESOLUTION NO.
PAGE 10
42. Entrance desiQn - The driveway entrance shall be designed with curb returns
having a minimum radius of 15 feet.
43. Landscape approvals - Landscape and irrigation plans are required within the
public right of way, and shall be approved by the Community Development,
Parks & Recreation, and Public Works Departments.
44. Plan submittals - Upon approval of the improvement plans, the applicant shall
provide a reproducible mylar set and 3 sets of prints of the improvements for
inspection purposes. Prior to acceptance of the improvements, the applicant
shall provide reproducible mylars, and 2 sets of prints of the approved record
drawings (as builts).
STREET IMPROVEMENTS
45. EI Camino Real - No permanent structures shall be constructed within the
. existing right-of-way of EI Camino Real to allow for future widening.
GRADING AND DRAINAGE
46. RetaininQ Wall- The proposed retaining wall shall not be constructed within the
right-of-way of EI Camino Real.
47. DrainaQe retention - All existing paved or impervious areas may continue to
drain into the existing storm water system. All new paved or impervious areas
must be retained on site in accordance with the requirements for Drainage Zone
"A" in the City's Storm Water Master Plan. The new system must be to the
satisfaction of the City Engineer and designed by a registered civil engineer in
the State of California.
48. DrainaQe desiQn - All drainage facilities shall be designed to accommodate a
100-year storm flow.
49. Soils report - A preliminary soils report shall be prepared by a registered civil
\ engineer and supported by adequate test borings, unless waived by the Building
Official. All earthwork design and grading shall be performed in accordance with
the approved soils report.
50. Adiacent structures - The grading plan design shall include measures to protect
the adjacent structures and property from damage due to the construction.
RESOLUTION NO.
PAGE 11
WATER
51. Relocate Water Facilities - Unless the existing water air release valve for the
Lopez line falls within two (2) feet of the curb face and does not obstruct ADA
compliance, it shall be relocated behind the proposed sidewalk, or as required by
the Director of Public Works.
52. Install new fire hydrant - A new fire hydrant shall be tapped into the City water
main and installed in front of the project site in accordance with the Standards
and Specifications of the Public Works Department.
53. On-site private fire lines - Private on-site fire sprinkler lines, if required by the
Building and Fire Departments, shall be cdnnected to the public water system
with a backflow prevention assembly. The backflow assembly shall be painted
green. Fire Department connections shall be located per the Fire Department
requirements.
54. Water-sewer crossinas - All sewer mains or laterals crossing or parallel to public
water facilities shall be constructed in accordance with California State Health
Agency standards.
55. Water meters - Water meters shall be located in the public sidewalk or as
approved by the Director of Public Works. Separate meters may be used for
irrigation.
WASTEWATER
56. Sewer connection - The on-site sewer system shall be private and shall connect
to the public sewer system in a single location. Sewer laterals larger than 4
inches shall connect to the public system at a manhole.
57. Existina Services - Existing water and sewer services not used by the project
shall be abandoned per the requirements of the Director of Public Works.
PUBLIC UTILITIES
58. Utility company review - All public improvement plans shall be submitted to the
public utility companies for review and comment. Utility comments shall be
forwarded to the Director of Public Works for approval.
59. Underaround existina overhead utilities -The applicant shall remove any existing
utility poles located within the project boundary and pay a fair share of the cost to
underground utilities along the EI Camino Real frontage. The applicant shall
install conduit within the street frontage for future undergrounding.
RESOLUTION NO.
PAGE 12
PRIOR TO ISSUING A CERTIFICATE OF 'OCCUPANCY:
60. Curb and sidewalk - A concrete curb, gutter and 6-feet wide concrete sidewalk
shall be constructed along the property frontage.
61. Parkina lot stripina - The parking lot spaces shall utilize double line striping.
62. Site utilities - Prior to approving occupancy, all public utilities shall be
operational.
63. Mitiaation fees - The applicant shall participate and pay for fair share of sewer
impact fees for the City "EI Camino Real (Sewer) Upgrade Project #3-2" and the
"Walnut Street (Sewer) Upgrade Project #3-3" in accordance with the City
Wastewater Master Plan.
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures shall be implemented as conditions of approval and shall
be monitored by the appropriate City department or responsible agency. The applicant
shall be responsible for yenficatlon In writing by the monitoring department or
agency that the mitigation measures have been Implemented.
Mitigation Measures:
MITIGATION MEASURES
1. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
Implement an individual water program that utilizes fixtures and designs
that minimize water usage. The calculations shall be submitted to the
Director of Public Works for review and approval. The proposed individual
water program shall be submitted to the City for approval prior to I
implementation; or, pay the in lieu fee.
Monitoring: Review of individual water program or payment
of the in lieu fee
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
2. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, water saving toilets, instant water
heaters and hot water recirculating systems. Water conserving designs and
fixtures shall be installed prior to final occupancy.
RESOLUTION NO.
PAGE 13
Monitoring: Review of building plans
Responsible Dept: Building and Fire Department
Timeframe: Prior to issuance of building permit
3. All landscaping shall be consistent with water conservation practices including
the use of drought tolerant landscaping, drip irrigation, and mulch. To the
greatest extent possible, lawn areas and areas requiring spray irrigation shall be
minimized.
Monitoring: Review of landscaping and irrigation plans
Responsible Dept: Parks & Recreation Department
Timeframe: Prior to issuance of building permit
4. The applicant shall provide detailed drainage calculations indicating that increased
run-off can be accommodated by existing facilities and/or provide on-site retention
basins to the satisfaction of the Director of Public Works.
Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
5. All runoff water from impervious areas shall be conveyed through impervious
conduits to existing storm drain facilities. A drainage plan, which incorporates the
above, shall be submitted to the City prior to the issuance of any permits.
Monitoring: Review of drainage/grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
6. During construction, water trucks or sprinkler systems shall be used to keep all ,
areas of vehicle movement damp enough to prevent dust from leaving the site.
Ata minimum, this would include wetting down such areas in the later morning
and after work is completed for the day and whenever wind exceeds 15 mph. I
7. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
8. Permanent dust control measures identified in the revegetation and landscape
plans should be implemented as soon as possible following completion of any
soil disturbing activities.
9. Exposed ground areas that are planned to be reworked at dates greater than
one month after initial grading should be sown with fast-germinating native grass
seed and watered until vegetation is established.
RESOLUTION NO.
PAGE 14
10. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance with CVC Section 23114.
11. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon
as possible. In addition, building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
12. Vehicle speed for all. construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site.
13. Sweep streets at the end of each day if visible soil material is carried onto adjacent
paved roads.
For Mitigation Measures No.6 - 13:
Monitoring: Review of grading and building plans and site
inspections.
Responsible Depts: Public Works and Building & Fire Departments
shall inspect plans and spot check in the field
Timeframe: Prior to issuance of a grading permit and during
construction
14. The applicant shall pay the City's Traffic and Signalization Impact fee prior to
issuance of building permit.
Monitoring: The applicant shall pay the fee .
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
15. The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
16. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
17. All construction activities shall comply with the time limits specified by the Arroyo
Grande Municipal Code.
18. To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day
to minimize the potential for disturbance of neighboring noise sensitive uses.
RESOLUTION NO.
PAGE 15
For Mitigation Measures No. 16 - 18:
Monitoring: Notes shall be placed on the construction plans
referencing theabbve measures.
Responsible Dept: Public Works Department
Timeframe: During construction
19. The applicant shall pay the project's proportional share of the sewer impact fees.
Monitoring: The applicant shall pay the required fee.
Responsible Dept: Public Works Department
Timeframe: Prior to issuance of building permit
20. The following note shall be placed on the grading and improvement plans for the
project:
"In the event that during grading, construction or develqpment of the project,
archeological resources are uncovered, all work shall be halted until the
significance of the resources are determined. If. human remains (burials) are
encountered, the County Coroner (781-4513) shall be contacted immediately. The
applicant may be required to provide archaeological studies and/or additional
mitigation measures as required by the California Environmental Quality Act if
archaeological resources are found on the site."
Monitoring: Review of grading plans and site visits by the
Public Works Inspector
Responsible Depts: Public Works and Building & Fire Departments
Timeframe: Prior to issuance of a grading permit and during
site grading
-~-
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ATTACHMENT 1 DRAFT
MINUTES
CITY OF ARROYO GRANDE PLANNING COMMISSION
MAY 6, 2003
CALL TO ORDER - The Arroyo Grande Planning Commission met in regular session with
Chair Guthrie presiding. Also present were Commissioners Arnold, Brown and Keen.
Commissioner Fowler was absent. Staff members in attendance were Community
Development Director Rob Strong and Associate Planner Kelly Heffernon.
APPROVAL OF MINUTES - The minutes of February 18 were approved as written on a
motion by Commissioner Arnold, seconded by Commissioner Brown. The minutes of April
15,2003 were moved for approval to the agenda of May 7,2003 due to a missing page.
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS:
1. Additional discussion item added after agenda distribution: Demolition permit for
106 Allen street.
2. Correspondence re Jasmine Place (Item II.C.):
A. Letter from Robert & Patricia Turner, 780 Naples Street, Grover Beach.
B. Letterfrom Grace Kirkpatrick, 794 Naples Street, Grover Beach.
3. Planning Commission agenda packet for May 7, 2003 at 6:00 p.m.
AGENDA REVIEW - Chair Guthrie requested Item II.D. be heard first.
PUBLIC HEARING ITEM II.D: CONTINUED ITEM - DEVELOPMENT CODE
AMENDMENT CASE NO. 02-006; APPLICANT - CITY OF ARROYO GRANDE;
LOCATION - VILLAGE OF ARROYO GRAND.
Commissioner Keen made a motion, seconded by Commissioner Arnold, to continue this
item on staff's recommendation to the May 20, 2003 meeting.
The motion was approved on the following roll call vote:
AYES: Commissioners Keen, Arnold, Brown and Chair Guthrie
NOES: None r
ABSENT: Commissioner Fowler.
PUBLIC HEARING ITEM II.A: CONDITIONAL USE. PERMIT 02-013; APPLICANT -
FARM SUPPLY, INC; LOCATION - 1049 EL CAMINO REAL. Staff report prepared and
presented by Kelly Heffernon.
The Planning Commission considered a proposal to construct a commercial/retail
warehouse for Farm Supply.
Ms. Heffernon stated that this proposal was for a two story pre-fabricated metal building for
retail sales. The proposed project includes 5,000 square feet of retail space, 5,000 square
feet of covered outdoor storage, and 2,950 square feet of combined office and storage
space on the second floor of the building. She then described the architecture and stated
all development code requirements had been met except where wall height would exceed
six feet in places requiring a Minor Exception. In addition, some of the off-street parking
area is included within the public right-of-way owned by the City and therefore the project
!
MINUTES PAGE 2
PLANNING COMMISSION
MAY 6, 2003
and encroachment requires Council approval. In conclusion, Ms. Heffernon said the
applicant had submitted a request to have the condition requiring undergrounding (including
removal of one pole) waived along the property fronting EI Camino Real, but had agreed to
install conduit.
Mike Linn, Public Works, said the overhead lines (that would cross the proposed parking lot)
would need to be undergrounded, the pole removed and sidewalk, curb and gutter on a
portion of the frontage area included. Staff, the applicant and the Commission had a
discussion to clarify location of the power poles.
Commission Questions:
. If the overhead utilities (across the proposed parking lot) were undergrounded would
two more poles have to be added? Mr. Linn confirmed that this was correct.
. Regarding the preliminary traffic study, would 10,000 square feet be less than 20
trips? Ms. Heffernon explained that a lumber store and warehouse was used to
obtain these totals and most of the upstairs would be used as warehousing.
Commissioner Guthrie additionally commented that this intersection (Brisco Road
interchange area) was one of the most controversial in the City.
Chair Guthrie opened the hearing for public comment.
Howard Mankins, property owner, stated that the 5,000 square feet was not all retail; about
2000 square feet of this would be feed storage. He then gave the history of the project,
stating that at this time there is no feed store in town and that this proposal will make a
better appearance from the freeway and create a better sales tax base for the City. He
then explained why he would like relief on some of the required conditions of approval citing
the alarm system, draining retention, relocation of water facilities, undergrounding of
existing overhead utilities, sewer impact fees (mitigation measure), traffic and signalization
fees.
Jim Brabeck, applicant's representative, Farm Supply, stated they would like to do the
undergrounding at a later date, and would bond to guarantee this. He explained how they
had reached the decision to go forward with this proposal giving details of the proposed
business.
Mr. Linn explained that the condition relating to the drainage retention had been revised to
state "all drainage from pervious non-asphalt areas shall be retained", but that a fossil filter
may need to be installed when new grading takes place on the site.
Commissioner Guthrie asked if the conduit could be installed and a security bond required
for future participation in the undergrounding. Mr. Strong said the Commission could decide
the options.
Chair Guthrie closed the public hearing.
Planning Commission Comments:
. The project would be good for the area and keep business in town.
MINUTES PAGE 3
PLANNING COMMISSION
MAY 6, 2003
. The applicant should install the conduits for the line across the front of the property,
there should be an agreement that the landowner should accept a fair share
responsibility for the undergrounding of utilities.
. The fee for the burglar alarm condition is standard, ensures that the telephone line
goes into the City system and pays for the ability of the City respond.
Mr. Linn, explained that the fair share mitigation fee for future sewer line costs, involves two
projects; the approximate cost would be 11'2% of the new development (2,000 - $5,000).
Commissioner Keen suggested that the applicant ask for relief of this cost when the project
goes to Council.
Further Commission comments:
. The traffic issue should be reviewed.
. The cost of. the mitigation fee for the sewer line should be estimated before going to
Council.
. The language for the valve relocation could be revised to state "if it falls within 2 feet
of the curb face and does not obstruct ADA compliance or to the satisfaction of the
Public Works Director.
. No fees should be waived, but there should be some recognition of Mr. Mankins
contribution to the City in the past and there could be some trade off.
Commissioner Brown made a motion, seconded by Commissioner Arnold recommending
that the City Council approve the Conditional Use Permit with amendments to Exhibit 'A'
and adopt:
RESOLUTION 03-1869
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL ADOPT
A MITIGATED NEGATIVE DECLARATION, INSTRUCTING THE
DIRECTOR OF ADMINISTRATIVE SERVICES TO FILE A NOTICE OF
DETERMINATION, AND APPROVE CONDITIONAL USE PERMIT 02-013,
LOCATED AT 1049 EL CAMINO REAL, APPLIED FOR BY FARM SUPPLY
The motion was approved on the following roll call vote:
AYES: Commissioners Brown, Arnold, Keen and Chair Guthrie
NOES: None
ABSENT: Commissioner Fowler
The foregoing resolution was adopted this 6th day May 2003.
PUBLIC HEARING ITEM II.B. - FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR
CONDITIONAL USE PERMIT CASE NO. 01-001 AND VESTING TENTATIVE TRACT
MAP CASE NO. 01-002; APPLICANT - RICHARD DEBLAUW; LOCATION - 415 EAST
BRANCH STREET. Staff report prepared and presented by Kelly Heffernon.
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SAC Minutes
February 19, 2003 A TT ACHMENT 2
Page 5
Mr. Olds, Public Works, said they would first have to get County approval to put the
sewer line in Valley Road. The nearest sewer line .is north of Los Berros drainage
channel and would involve a sewer line extension. He said he had discussed this with
the applicant. Mr. Strong suggested an encroachment permit for a private lift pump and
force main back to the manhole.
Mr. Strong said the annexation would take in a segment of Los Berros Road and should
follow the east side of Valley Road. City water line extensions would include fire
hydrants.
Larry Schmidt, Building asked if it would be necessary to annex this project because it
would involve heavy imp~ct fees.
Mr. Strong said the. final decision would be with City Council and LAFCO, after
recommendations from departments. An' outside service agreement to serve the
property now within the SOl would be an alternative for Council consideration.
Steve Andrews, Police Department said he did not think the Police Department would
have much concern, as long as there will be no traffic impact.
No further discussion
~ E.
Applicant: Farm Supply
Representative: Jim Garing
Case No: CUP 01-013
Proposal: Commercial/warehouse building for Farm Supply
Location: 1049 EI Camino Real
Staff Contact Kelly Heffernon
Ms. Heffernon said this project was previously reviewed by staff as a Pre-Application
last July. She then listed the issues of concern and said items required to deem the
application complete including:
. Title report.
. Mailing labels.
. Landscape plans.
. Color and materials board.
. Elevations showing all four sides.
Mr. Mankins said he did not think mailing labels would be necessary, as he owned all
properties within 300 feet of this property. Mr. Strong advised Mr. Mankins to ask the
title company for a list of properties and the labels which would verify ownership.
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SAC Minutes
February 19, 2003
Page 6
Mr. Strong asked about the proposed location of the trash enclosure, as the specifics of
this would be required by the ARC (garbage truck access is also important). Ms.
Heffernon said dimensions of the trash enclosure should be included, plus materials to
be used (for ARC).
Mr. Strong said this project was below the threshold for requiring a traffic study, but an
issue that has to be addressed is the right-of-way of EI Camino Real. In addition, a
portion of the off-:-street parking is on the street right-of-way so an encroachment permit
will have ~o go.to City Council. Mr. Mankins asked about the width of the sidewalk and if
they should continue the sidewalk that is the same width .a~ what is already installed.
Mr. Strong said it would need to be at least six feet for ADA requirements.
Ms. Heffernon asked about the proposed upper level for storage. The representative
said there would be no floor so no storage would be possible. It was being shown now
on the construction drawings because at some future date it. may be .a second floor.
Ms. Heffernon said she had a concern about the parking if this was included as a
second floor. Mr. Mankins said he wanted the structure toJook like a. barn for the future
and would like approval for the structure for the building now and later may install a
floor. Staff said they should show extra parking (six spaces) for the future on the site
plan.
Staff discussed the striping for EI Camino Real and said final approval would set the
striping for this project. Mr. Olds further stated that this project would not generate a
huge amount of traffic and should not be a problem; it may not-need a trip generation
letter, but he would check with the Director, Don Spagnolo; a two-way left turn may be
required.
Larry Schmidt said he had already given his comments at the prior review of this
project, but added if the building were sprinkled no hydrant would be required.
Steve Andrews, Police Department said he also would like to see a turn lane for left
turns.
Mr. Mankins asked staff to support this project. Ms. Heffernon said staff would support
the project, but the applicatipn needed to be deemed complete before moving forward.
Mr. Strong said this would have to go to ARC, Planning Commission and City Council.
Dave Crockett, Code Enforcement, said he would like to see a fence plan. Mr. Mankins
said there is already a chain link fence installed, but fencing would need to be installed
above the retaining wall for safety. Staff said a minor exception would be required for a
fence exceeding 6 feet in height.
The meeting was adjourned at 12:15 p.m.
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A TT ACHMENT 3
MANKINS F AMIL Y RENTAL
1005 EL CAMINO REAL
ARROYO GRANDE, CALIF. 93420-2588
TELEPHONE 489."36
DecembCl' 20, 2002
City of Arroyo Grande
Planning Commission
214 East Branch Street
Arroyo Grande, California 93420
Dear Honorable Planning Commission Members:
This letter is a request for waiver of under grounding the utility lines on EI Camino Real
for the Conditional Use Pennit filed with the Community Development Director.
I am working with the Loomis Feed Store owner, Mr. Scott Wilson. to relocate his
business from the Village, to property located at 1049 El Camino Real.
The under grounding would not improve the appearance of the Utility lines. There
probably would need to be an additional pole installed for the lines to be lowered in front of the
project.
Cost is a major factor in this proposal, since the move of the existing business depends
upon it being economically feasible for the proposed above tenant.
The utilities for the new warehouse, will be taken from those existing on the street and
will be underground, so no new or additional lines above ground will be . installed.
I therefore request that your Honorable Commission waive the Street under grounding.
~lY~
l>
Howard D. Mankins
1
NOTES
ARC MEETING A TT ACHMENT 4
MARCH 3, 2003
PAGE 5
. Color scheme samples provided.
. Transients have been residing in the building. Applicant wants to begin work so the
building can be used as intended.
. Street front orientation is retained while changing use to commercial.
. Site shares driveway with Lot 4. Under-floor parking will be created.
. Construction development documents will address some changes. such as increasing
size of garage doors. Substantially building will be as represented. Some beams and
decorative vents will be embellished.
. Pedestrian orientation is good.
Motion by Jamie Ohler to approve ARCH 03-001 as proposed.
. Remodel of existing house and colors represented in "original" of color scheme.
Seconded: Chuck Fellows
Motion Approved: 4/0 voice vote
~ H. CONDITIONAL USE PERMIT 03-013 .,. FARM SUPPLY INC./HOWARD MANKINS & KAREN
ELLSWORTH, 1049 EL CAMINO REAL
Kelly Heffernon presented this project to use a portion of the site for a farm supply business.
. Construction plan designed to keep costs down for lower rent.
. More land available for parking, ifneeded.
. Will result in clean up of property that has been industrial.
. Trailers were removed to make room for the project.
. General design concept to look similar to a barn (picture of SLO site presented).
Motion by Chuck Fellows to recommend PC approval of CUP 02-013 as follows:
. Add cupola feature to top of building.
. Add a few more trees to landscaping on south side, attractive, not too large (ex: Mock
Orange "Undulatum Pittosporum".
Seconded: Amy Miltenberger
Motion Approved: 4/0 voice vote
I. PLANNED SIGN PROGRAM 03-002 - SUPERIOR ELECTRICAL ADVERTISING/ROY
RAMIREZ, 1168 BRANCH. (W AL-MART)
Kelly Heffernon presented this 'project to install McDonald's golden arches logo on the outside
wall of the Wal-Mart building.
. Internal lighting, neon. Meets maximum size code requirements.
. Accessory logo precedent set by Mid-State Bank on Albertson's.
Motion by Chuck Fellows to recommend CC approval of PSP 03-002 as proposed.
Seconded: Jamie Ohler
Motion Approved: 4/0 voice vote
J. ADMINISTRATIVE SIGN PERMIT 03-004 - WILLIS & BENNETT, INC./GREG MOORE, 129
OLOHAN ALLEY
.
A TT ACHMENT 5
CITY OF ARROYO GRANDE
INITIAL STUDY AND
DRAFT NEGATIVE DECLARATION
1. Project Title: Conditional Use Permit 02-013
2. Lead Agency Name & Address: City of Arroyo Grande
P.O. Box 550/214 E. Branch Street
Arroyo Grande, CA 93421
3. Contact Person & Phone #: Kelly Heffernon
(805) 473-5420 .
4. Project Location: 1049 EI Camino Real
Arroyo Grande, CA 93420
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EI Camino Red
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5. Project Sponsor's Name & Address: Farm Supply
675 Tank Farm Road
San Luis Obispo, CA 93401
6. General Plan Designation: Mixed Use (MU)
7. Zoning: Industrial (I)
8. Description of Project:
The proposed prQject is to construct a two-story, prefabricated metal . building for retail sale of farm
supplies.
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9. Other agencies whose approval is required (and permits needed): None
DETERMINATION.
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I fi!'1d that although the proposed project could have a significant effect on the. environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A NEGAi"IVE DECLARATION will be prepared. X
I find that the proposed project MAY have a significant. effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the
effect is a "potentially significant impact" or "potentially significant unless mitigated". An ,
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be
aFlf ?# Y/;t!d3 I
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Date
Signature .
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"POTENTIALLY SIGNIFICANT IMPACT" or "POTENTIALLY IS SIGNIFICANT UNLESS MITIGATED", as indicated by the checklist on
the following pages.
o Land Use and Planning o Biological Resources . Public Services I
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o Population and Housing o Energy and Mineral Resources o Utilities and Service Systems i
o Geophysical o Hazards o Aesthetics ,
. Water . Noise . Cultural Resources
II Air Quality o Mandatory Findings of Significance o Recreation
II Transportation/Circulation
.
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information
sources a lead agency cites in the parentheses following each question. A "No Impact" question is adequately supported if the
referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project specific factors as
well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific
screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-
level, indirect as well. as direct, and construction as well as operations impacts.
3. "Potentially Significant Impact" is appropriate if an effect is significant or potentially significant, or is the lead agency lacks
information to make a finding of insignificance. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4. "Potentially Significant Unless Mitigated" applies where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "less than Significant Impact." The lead agency must describe the mitigation measures
and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier
Analyses", may be cross referenced.)
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(O).'Earlieranalysesare discussed in Section
XVII at the end of the checklist.
6. lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g.,
general plans, zoning ordinances). A Source list should be attached and other sources used or individuals should be cited in the
discussion.
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. Potentially
Potentially Significant Less Than
Issues (and Supporting Information Sources): . Significant Unless Significant No
Impact Mitigated Impllct Impllct
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning?
(source Its): 1,2,3,4) X
b) Conflict with applicable environmental plans or policie~
adopted by agencies with jurisdiction over the project?
(source Its): 1,6,7) X
c) Affect agricultural resources or operations (e.g., impacts
to soils or farmlands, or impacts from incompatible land
uses)? (source #(5): 9, 11) X
d) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (source Its): 2,4,11) X
II. POPULATION AND HOUSING: Would theproposlIl:
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a) Cumulatively exceed official regional or local population
projections? (source #(s): 1,5,9) X
b) Induce substantial growth in an area either directly or
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)? X
(source #(5): 9,10)
c) Displace existing housing, especially affordable housing?
(source Its): 9,10,11) X
III. GEOPHYSICAL: Would the proposal iesult in or expose
people to potential impacts invoMng:
a) Seismicity: fault rupture? (source Its): 5,6) X
b) Seismicity: ground shaking or liquefaction?
(source Its): 5,6) X
c) Seismicity: seiche or tsunami? (source Its): 5,6) X
d) Landslides or mudslides? (source Its): 5,6) X
e) Erosion, changes in topography or unstable soils
conditions from excavation, grading or fill?
(source Its): 10) X
f) Subsidence of land? (source Its): 5,61 X
g) Expansive soils? (source #Is): 5,6) X
h) Unique geologic or physical features? (source #(5):
5,6,10,11) X
IV. WATER: Would the proposal result in:
al Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (source #(sl: 10) X
bl Exposure to people or property to water related hazards
such as flooding? (source #(5): 8) X
cl Discharge into surface waters or other alteration of
surface water quality (e.g., temperature, dissolved X
oxygen or turbidity? (sour~e Its): 9)
d) Changes in the amount of surface water in any water
body? (source #(sl: 9, 10) X
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e} Changes in currents, or the course or direction of water
movements? (source Its): 9, 10) X
.Ii
f) Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations?
(source lIs): 9, 10) X
g) Altered direction or rate of flow of groundwater?
(source lIs): 9, 10) X
h) Impacts to groundwater quality? (source lIs): 9,10) X
i) Substantial reduction in the amount of water otherwise
available for public water supplies? (source lIs): 6)
X
v. AIR QUALITY: Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation? X
(source lIs): 7, 13)
b) Expose sensitive receptors to pollutants? (source lIs):
10, 11) X
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (source Il(s): 9) X
d) Create objectionable odors? (source lIs): 9,10) X
VI. TRANSPORTATION/CIRCULATION. Would the proposal
result in:
a) Increased vehicle trips or traffic congestion? (source
lIs): 13) X
b) Hazards to safety from design features (e.g., sharp
curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)? (source lIs): 9, 10) X
c) Inadequate emergency access or access to nearby sites?
(source lIs): 9, 10) X
d) Insufficient parking capacity on-site or off-site? (source X
lIs): 3, 9, 10)
e) Hazards or barriers for pedestrians or bicyclists? (source
lIs): 9, 10) X
f) Conflicts with adopted policies supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
(source lIs): 9, 10) X
VII. BIOLOGICAL RESOURCES. Would the proposal result in
impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? (source lIs): 6) X
b) Locally designated species (e.g., heritage trees)?
(source #(s): 10, 11) X
c) Locally designated natural communities (e.g., oak forest,
coastal habitat)? (source lIs): 10, 11) X
d) Wetland habitat (e.g., marsh, riparian and vernal pooll?
(source lIs): 9, 11)
X
e) Wildlife dispersal or migration corridors?
(source lIs): 11) X
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VIII. ENERGY AND MINERAL RESOU_RCES. Would the proposal:
a) Conflict with adopted energy conservation plans?
(source lIs): 1, 6) X
b) Use non-renewable resources in a wasteful and
inefficient manner? (source #(5): 9, 101 X
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation? (source lIs): .9) X
b) Possible interference with an emergency response plan
or emergency evacuation plan? (source #(5): 9, 10)
X
c) The creation of any health hazard or potential health
hazard? (source lis): 9, 10) X
d) Exposure of people to existing sources of potential
health hazards? (source lis): 9,10,11) X
e) Increased fire hazard in areas with flammable brush,
grass, or trees? (source lis): 1Q, 11) X
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (source lIs): 1, 9) X
b) Exposure of people to severe noise levels?
(source #(5): 9, 10) X
XI. PUBLIC SERVICES. Would the proposal have an effect
upon, or result in 8 need for new or altered government
services in any of the following areas:
a). Fire Protection? (source #(5): 6) X
b) Police Protection? (source lIs): 6) X
cl Schools? (source lIs): 61 X
d) Maintenance of public facilities, including roads, sewer
system? (source #(5): 6) X
e) Other governmental services? (source lis): 6) X
XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal
result in a need for new systems, or substantial alterations
to the following utilities:
a) Power or natural gas? (source Its): 9, 10) X
b) Communications syst.ems? (source lIs): 9, 10) X
c) local or regional water treatment or distribution X I
facilities? (source '#(5): 6)
d) Storm water drainage? (source lis): 6) X I
e) Solid waste disposal? (source lIs): 6) X I
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X!II. AESTHETICS. Would the proposal: I
a) Affect a scenic vista or scenic highway? X
(source #(sl: 1, 10, 111
b) Have a demonstrable negative aesthetic effect? .
X I
(source lIs): 9, 10, 11) ~
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c) Create light or glare? (source Its): 9,10) r
XIV. CULTURAL RESOURCES. Would the proposal: I
i
a) Disturb paleontological resources? (source lIs): 6, 11) X !
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b) Disturb archaeological resources (source lIs): 6, 11) X
c) Affect historical resources? (source lIs): 6, 11) X
d) Have the potential to cause a physical change which
would affect unique ethnic cultural values? (source lIs):
11 ) X
e) Restrict existing religious or sacred uses within the
potential impact area? (source lIs): 10, 11) X
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks
or other recreational facilities? (source lIs): 1, 3)
X
b) Affect existing recreational opportunities?
(source lIs): 1, 5) X
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or ahimal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or X
prehistory?
b) Does the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental
goals? X
c) Does the project have impacts that are individually
limi~ed, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects.) X
d) Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly? X
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEOA process, one or more effects have
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a discussion should
identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed: Identify which effects from the above checklist were within the scope of and
adequately analyzed by earlier documents.
c) Mitigation Measures. For effects that are "potentially significant" or "potentially significant unless mitigated",
describe the mitigation measures which were incorporated or refined from the earlier document and the extent to
which they address site-specific conditions for the project.
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SOURCE LIST:
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande General Plan land Use Map
3. City of Arroyo Grande Development Code
4. City of Arroyo Grande Zoning Map
5. City of Arroyo Grande Existing Setting and Community Issues Report
6. City of Arroyo Grande General Plan EIR; Sewer Master Plan
7. Air Pollution Control District Clean Air Plan
8. FEMA - Flood Insurance Rate Map
9. Project Description
10. Project Plans
11 . Site Inspection
12. Ordinance 431 C. S.
13. Institute of Traffic Engineers TriD Generation Manual
ENVIRONMENTAL SETTING:
The project site is approximately ?8,925 in size and located within the Professional Office (0) land use category
and zoning district. Surrounding the site to the north and south is office development, and to the west is
residential development. Halcyon Road is to the east. The property is "t-shaped" and has access from both
. Halcyon Road and Dodson Way.
PROJECT DESCRIPTION
The project evaluated by this initial study is to demolish two (2) existing residential structures and construct a 4-unit,
single story, 7,881 square foot office building with 33 parking spaces. The project meets all Development Code
requirements as shown in the project summary table below.
PROJECT SUMMARY
Parking Setbacks Height Lot Coverage ,Floor Area
Ratio
Development
Code 38 spaces Front: 20 ft. 30 feet 50% 0.45 max.
Requirements Interior Side: 0 ft.
Rear: 0 ft.
Proposed
38 spaces Front: 47 ft. 22 feet 7% 0.09
N. Side: 50 ft.
S. Side: nla
Rear: 140 ft. I
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EXPLANATIONS TO INITIAL STUDY CHECKLIST:
III. GEOPHYSICAL
Based on the General Plan and review of the Alquist-Priolo Zone Fault maps, the proposed project is not
located on a known earthquake fault subject to rupture. The proposed project will be subject to the effects of
periodic seismic events in the region, including ground shaking. However, exposure of people to these events
can generally be mitigated to an acceptable level of risk by following Uniform Building Code development
standards.
Analysis of Significance: less than significant impact.
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IV. WATER/DRAINAGE
Water. Development of the proposed project would require water for both domestic use and landscape
irrigation. The City has not established thresholds of significance for water demand. Although the proposed
project is consistent with the General Plan, and water demand for the project can be accommodated within
existing City supplies, the estimated water consumption would further reduce the City's supply of available
water. This. impact could be mitigated using water-conserving designs, fixtures and landscaping.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
1. The applicant shall complete measures to neutralize the estimated increase in water demand
created by the project by either:
Implementing an individual water program that utilizes fixtures and designs that
minimize water usage. The calculations shall be submitted to the Director of
. Public Works for review and approval. The proposed individual water program
shall be submitted to the City for approval prior to implementation; or,
Paying an in lieu fee.
Monitoring: Review of individualwater.programo.rpaymentof the in
lieu fee
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
2. All new construction shall utilize fixtures and designs that minimize water usage including, but
not limited to, water saving toilets, instant water"heaters and hot water recirculating systems.
Water conserving designs and fixtures sh~li be installed prior to final occupancy .
Monitoring: Review of building plans
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of building permit
3. All landscaping shall be consistent with water conservation practices including the use of
drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn
areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping and irrigation plans
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
DrainaQe. Development of the site will increase impervious surfaces, which in turn will change absorption
rates and increase the amount of ru~off. The drainage in this area naturally flows south from EI Camino Real
and existing drainage facilities are expected to accommodate the increased flows resulting from the increased
runoff from the project. Detailed drainage calculations would be reviewed as part of the plan check process.
Analysis of Significance: . Potentially significant unless mitigated.
Mitigation Measures:
4. The applicant shall provide detailed drainage calculations indicating that increased run-off can
be accommodated by existing facilities and/or provide on-site retention basins to the
satisfaction of the Director of Public Works.
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Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a .grading permit
5. All runoff water from impervious areas shall be conveyed through impervious conduits to
existing storm drain facilities. A drainage plan, which incorporates the above, shall be
submitted to the City prior to the issuance of any permits.
Monitoring: Review of drainage/grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
v. AIR QUALITY
The proposed project would generate approximately 1 60 net new daily automobile trips with 1 5 new PM peak
hour trips. Emissions from the trips generated would produce less than 10 Ibs./day of emissions. Based on
the San Luis Obispo County Air Pollution Control District (APCD) emission thresholds, the proposed project
would not have a significant adverse impact on air quality.
Analysis of Significance: Potentially significant unless mitigated.
Dust generated by the development activities shall be kept to a minimum with a goal of retaining dust on the
site. The dust control measures listed below shall be followed during construction of the project, and shall be
shown on grading and building plans.
Analysis of Significance: Potentially significa~t unless mitigated.
Mitigation Measures:
6. During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from leaving .the . site. At. a minimum, this
would include wetting down such areas in the later morning and after work is completed for
the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water should
be used whenever possible.
7. Soil stockpiled. for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
8. Permanent dust control measures Identified in the revegetation and landscape plans should be
implemented as soon as possible following completion of any soil disturbing activities.
9. Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading should be sown with fast-germinating native grass seed and watered until
vegetation is established.
10. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load and
top of trailer) . in accordance with CVC Section 23114.
11. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used.
12. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at
the construction site.
13. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads.
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,Monitoring: . Review of grading and building plans and site inspections
Responsible Departments: The Public Works and Building and Fire Departments shall
inspect plans and spot check in the field
Timeframe: Prior to issuance of grading permit and during construction
VI. TRANSPORT A TION/CIRCULA TION
Access to the project site is from EI Camino Real. Based on the Trip Generation Rates produced by SANDAG,
the project is expected to produce approximately 160 average daily trips with 1 2. AM and 15 PM peak hour
trips. This is less than the City's 20 peak hour trip threshold for requiring a traffic analysis.
The project will, however, contribute to cumulative traffic impacts that could be significant. This project will
therefore be required to contribute its proportional share of the City's Transportation FaciJities Impact fee and
Traffic Signalization Impact fee.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
14. The applican! shall pay the Traffic Signalization Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of Building Permit
15. The applicant shall pay the City's Transportation Facilities Impact fee.
Monitoring: The applicant shall pay the fee
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of building permit
X. NOISE
Existing noise levels would be increased temporarily during the construction phase of this project. Noise
resulting from construction activities will be short-term, and is subject to the City's Noise Ordinance.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
16. All construction equipment shall be provided with well-maintained, functional mufflers to limit
noise.
17. All construction activities shall be limited to the hours of 8 a.m. and 6 p.m. Monday through
Friday, and between 8 a.m. and 5 p.m. on Saturday. No construction shall Occur on Sunday.
18. To the greatest extent possible, grading and/orexcavationoperations .at portions of the site
bordering developed areas should occur during the middle of the day to minimize the potential
for disturbance of neighboring noise sensitive uses.
Monitoring: Notes shall be placed on the construction plans referencing the
above measures.
Responsible Department: Public Works Department
Timeframe: During construction
XI. PUBLIC SERVICES
The proposed commercial development is consistent with the 2001 General Plan designation for the site.
Adequate fire and police services exist in the community to serve ~he project.
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Per the Master Sewer Plan, approved November 13, 2001, the project _will add demand to portions of the
City's sewer system that are currently over capacity. Therefore, the applicant shall pay the project's
proportional share of impact fees to mitigate the additional demand.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
19. The applicant shall pay the project's proportional share of the sewer impact fees.
Monitoring: The applicant shall pay the required fee.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
XIV. CULTURAL RESOURCES
Because the site has previously been disturbed with residential development, subsurface archaeological
resources are unlikely to exist at this location. However, due to the long history of Native American
habitation in this area, isolated burials could occur. If cultural resources are encountered, then all work in the
area of the find shall be suspended and the City of Arroyo Grande shall be notified. An archaeologist qualified
to evaluate the find shall be contacted and an assessment complete, and, if necessary, a mitigation plan
formulated and implemented.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
20. The following note shall be placed cinthe grading-and improvement plans for the project:
"In the event that during grading, construction or development of the project, and
archeological resources are uncovered, all work shall be halted until the City has reviewed the
resources for their significance. If human remains (burials) are encountered, the County
Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
Monitoring: Construction plans shall be reviewed.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of grading permit
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9.b.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a Public Hearing will be held by the City Council of the City
of Arroyo Grande on the following item:
CASE NO: General Plan Amendment 02-002; Development Code Amendment
02-004; Specific Plan Amendment 02-001; Planned Unit Development
02-004; and Tentative Tract Map 02-001 (Jasmine Place)
LOCATION: Northeast and northwest corners of the Ash Street/Courtland Street
intersection (Subarea 2 of the Berry Gardens Specific Plan).
PROPOSAL: Subdivision of a 5.23-acre site into 47 residential lots ranging in size
from 3,128 square feet to 7,409 square feet and provide one 23,522
square foot open space lot for passive recreational purposes.
ENVIRONMENTAL
DETERMINATION: Mitigated Negative Declaration
REPRESENTATIVE: John Mack, S&S Homes
In compliance with the California Environmental Quality Act, the Community Development
Department has p~epared a Mitigated Negative Declaration on the above project. The
Mitigated Negative Declaration is available for review at the Community Development
Department, City of Arroyo Grande. If the City Council does not feel that a Mitigated Negative
Declaration is appropriate, project approval will not be considered.
Any person. affected or concerned by this application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be
heard in support of or opposition to the project and the environmental impacts at the time of
hearing.
Any person interested in the proposal can contact the Community Development Department
at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 a.m.
to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.). The project application is available for public
inspection at the above address.
If you challenge an item in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the planning commission at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to
invalidate the action of the legislative body for which the notice was given.
Date and Time of Hearing: Tuesday, June 10, 2003 at 7:00 p.m.
Place of Hearing: Arroyo Grande City Council Chambers
215 E. Branch Street
~ '0i Arroyo Grande, California 93420
.. U~ tt t 41,~
Kelly . etm re
Director of Administrative Services/Deputy City Clerk
Publish H, Friday, May 30, 2003
MEMORANDUM
TO: CITY COUNCIL S
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR -R
SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 02-002,
DEVELOPMENT CODE AMENDMENT 02-004, SPECIFIC PLAN
AMENDMENT 02-001, PLANNED UNIT DEVELOPMENT 02-004,
AND VESTING TENTATIVE TRACT MAP 02-001; ASH AND
COURTLAND STREETS (JASMINE PLACE), S & S HOMES,
APPLICANT
DATE: JUNE 10, 2003
RECOMMENDATION:
It is recommended by the Planning Commission that the City Council:
1) Adopt a Resolution Approving General Plan Amendment Case No. 02-002;
2) Adopt a Resolution Approving Specific Plan Amendment Case No. 02-001;
3) Introduce an Ordinance Amending the Zoning Map of the City of Arroyo
Grande, Development Code Amendment 02-004, to rezone from RR and SF
to MF; and
4) Adopt a Resolution Adopting a Negative Declaration with Mitigation
Measures, Instructing the Director of Administrative Services to File a Notice
of Determination, and Approving Vesting Tentative Tract Map Case No. 02-
001 and Planned Unit Development Case No. 02-004 for 47 residential units
known as Jasmine Place at Ash. and Courtland Streets as applied for by S &
S Homes, subject to certain conditions.
FUNDING:
No direct City costs related to private development enabled by approvals.
DISCUSSION:
The staff reports and minutes for the Planning Commission public hearings of
March 4 and May 6, 2003 are Attachments 1 and 2. These briefly describe the
project and related applications. The Planning Commission held a public hearing
on March 4, 2003 at which time they recommended the General Plan and
City Council
Consideration Of General Plan Amendment 02.Q02, Development Code Amendment 02-
004, Specific Plan Amendment 02.Q01, Planned Unit Development 02.Q04, And Vesting
Tentative Tract Map 02.Q01; Ash And Courtland Streets Jasmine Place, S & S Homes,
Applicant
June 10, 2003
Page 2
Development Code Amendments. The project specific applications were
continued until May 6th, when an additional public hearing was held regarding
Specific Plan Amendment, Planned Unit Development and Vesting Tentative
Tract Map, also recommended for approval.
Proiect Description Summary
The project involves a 5.23-acre site located on the north side of Ash Street on
both sides of Courtland Street south of the Berry Gardens single-family
subdivision and north of Soto Sports Complex. The property is currently zoned
half RR and half SFR, Single Family Residential, 1 acre and 4.5 du/ac., but
designated SFR-SP on the 2001 General Plan. It is a sub-area of the Berry
Gardens Specific Plan, but zoning development standards and subdivision
pattern were not prescribed until an application was submitted by the new
property owner, S&S Homes.
The request would change the General Plan designation for the property to
Multiple Family, enabling a density of 9 units per acre; clarify design and
development standards of this sub area of the Berry Gardens Specific Plan
similar to the "patio home" portion of the existing subdivision along Oak Park
Boulevard north of the ponding basin; and approve a Planned Unit Development
and Vesting Tentative Tract Map for 47 residential lots accessed from interior
private streets and lanes. Lot sizes range from 3,128 s.f. to 7,409 s.f. with both
detached and attached one and two story houses, typically 1 ,400 s.f. with 2-car
garages on each lot. A half-acre passive private park and guest parking bays are
also accessed from the private street called Jasmine Place that parallels Ash
Street. A Homeowners' Association would maintain common private street, park
and parkway areas with each lot owner maintaining the home and private
outdoor area. (The Commission considered, but did not recommend, a possible
maintenance district alternative to an HOA.)
Attachment 3 are preliminary proposal letters from S&S Homes that were
received by Planning Commission and staff regarding various "affordable"
housing incentives and provisions that the developer outlined to make all or more
than half of the units sell to moderate income buyers. The Planning Commission
and staff recommended a preference for some or all affordable units long-term
and controlled by the City, as required by adopted housing policies, instead of
short-term or initial sales restrictions and financing controlled by the developer.
One of the primary issues associated with the proposed project is the City's
"affordable" or inclusionary housing policies, which are part of adopted Housing
Element and current Development Code provisions. The developer initially
requested, but the Planning Commission did not recommend several methods of
City Council
Consideration Of General Plan Amendment 02-002, Development Code Amendment 02-
004, Specific Plan Amendment 02-001, Planned Unit Development 02-004, And Vesting
Tentative Tract Map 02-001; Ash And Courtland Streets Jasmine Place, S & S Homes,
Applicant
June 10, 2003
Page 3
increasing the proportion of "affordable" housing within the proposed project,
including:
. Waiver of all or some development impact fees.
. City acceptance of pocket park or private streets or formation of a
maintenance district instead of requiring a Homeowners'
Association.
. Use of developer held "soft" second mortgages to enable initial
sales to persons with moderate income, as defined by State law,
allowing "transferred credits" for affordable units in excess of those
required.
The 2003 Draft Housing Element Update being drafted by staff, consultant, Local
Housing Task Force, and the Planning Commission will attempt to clarify prior
General Plan policies and programs as well as current Development Code
provisions related to "affordable" housing. Despite the policy intent to create
more "affordable" or inclusionary housing in previous developments, the City has
had little success in obtaining more than "in-lieu" fees. Recently, however, both
the Planning Commission and City Council have indicated that the policy should
require most developments to provide on site a reasonable proportion of total
units as long-term "affordable" housing. Although these policy and program
refinements and consistent Development Code provisions will be considered
before December 2003, this project (and several others) are pending approval in
the interim period.
The Planning Commission recommended that "at least 15" of the 47 homes be
committed to moderate income restrictions, conforming to the General Plan
policy requiring 25% of the total project units involving General Plan and/or
zoning amendments be affordable.
Current City policy does not prescribe a formula for a case when GPA, SPA and
DCA allow 100% density increase, but in staff opinion it is reasonable to propose
more than 25% of the total project, in this case, up to 50% of the actual increase
be provided as affordable. Assuming at least 25% of the total project as the
minimum affordable requirement would provide 12 of the 47 as affordable.
With assistance from the Rosenow Spevacek Group Inc., the City's
Redevelopment and Affordable Housing consultant, an economic analysis of the
proposed project was prepared given the limited information available. Based on
this analysis, staff concluded that the request for financial assistance from the
City was not warranted, given the increased density. However, staff supports the
revised proposal of the applicant to provide 21 affordable units, 4 of which they
City Council
Consideration Of General Plan Amendment 02-002, Development Code Amendment 02-
004, Specific Plan Amendment 02-001, Planned Unit Development 02-004, And Vesting
Tentative Tract Map 02-001; Ash And Courtland Streets Jasmine Place, S & S Homes,
Applicant
June 10, 2003
Page 4
would receive "transferable credits" provided that the new Housing Element
update is adopted to include details of how, when and where such credits are
applied with City approval.
Staff requested and the developer agreed in this case to provide approximately
50% of the increased density approved be committed to affordable: 17 units
would be sold with City deed restrictions and up to 4 additional units could be
added if the developer obtained "transferable credits". See letter dated June 3,
2003 from S & S Homes.
If approved by the City Council as conceptually proposed by S&S Homes, 17 of
the 47 units would be sold to moderate income qualified families, based on
County-wide median income and housing sales price criteria. The City would
control and monitor, with Housing Authority assistance, the sales and resales,
and retain a "silent second" for a 30-:year or longer term to assure that the home
remains "affordable" to subsequent qualified buyers. (If sold to an unqualified
buyer, the City's second plus' deferred interest would be due and payable, or, if
the first mortgage goes into default, the lender must offer the City "first right of
refusal" to payoff the unpaid balance and resell to a qualified buyer.) The actual
model documents and agreements will be submitted for City Council approval,
but similar to the restrictions and deeds used last year in the resale of a
moderate income unit similarly restricted.
Regarding ''transferable credits," if the developer offers 4 or more additional
"affordable" homes with the same City approved restrictions, and assuming
program details defined in the 2003 Housing Element Update, these credits could
be used for other residential projects or sold to other developers instead of
providing moderate income houses within those projects, or allowing payment of
in-lieu fees. While increasing the affordable units in this project, it would relieve
similar housing in others, essentially a transfer or credit against adopted policy
requirements. This component of the proposed affordable housing in Jasmine
Place would be dependent on 2003 Housing Element adoption prior to final map
and details of proposed "transferable credits".
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt the Resolutions and Introduce the proposed Ordinance as
recommended by the Planning Commission, subject to certain conditions;
or
City Council
Consideration Of General Plan Amendment 02-002, Development Code Amendment 02-
004, Specific Plan Amendment 02-001, Planned Unit Development 02-004, And Vesting
Tentative Tract Map 02-001; Ash And Courtland Streets Jasmine Place, S & S Homes,
Applicant
June 10,2003
Page 5
- Direct staff and/or Planning Commission to further study and return to City
Council with a preferred alternative, after further negotiation with
developer; or
- Deny or modify the project proposal and conditions of approval.
Attachments:.
1. March 4, 2003 Planning Commission Staff Report and Minutes
2. May 6, 2003 Planning Commission Staff Report and Minutes
3. Letter of June 3, 2003 from S & S Homes regarding affordable housing
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING GENERAL PLAN
AMENDMENT CASE NO. 02-002, LOCATED AT THE
INTERSECTION OF ASH AND COURTLAND STREETS,
APPLIED FOR BY S&S HOMES
WHEREAS, the applicant, S&S Homes, has submitted an application to amend the
General Plan and Development Code, and adopt the Specific Plan Amendment for
Subarea 2 of the Berry Gardens Specific Plan; and
WHEREAS, the Land Use Map of the City of Arroyo Grande indicates that the subject
5.23-acre property, located on the northeast and northwest comers of the Ash Street and
Courtland Street intersection, is located in the Medium Density (MD) land use category
with a Specific Plan (SP) overlay allowing up to 4.5 dwelling units per acre; and
WHEREAS, adoption of General Plan Amendment 02-002 would change the land use
category from Medium Density (MD) to Medium High Density (MH) allowing up to 9.0
dwelling units per acre; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
General Plan Amendment at duly noticed public hearings on March 4, 2003 and May 6,
2003 in accordance with the Development Code of the City of Arroyo Grande at which
time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the proposed
General Plan Amendment at a duly noticed public hearing on , 2003 in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing, staff report, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
General Plan Amendment Findings:
1. Based on the information contained in the staff report and accompanying
materials, the proposed General Plan Amendment is consistent with the goals,
objectives, policies, plans, programs, intent, and requirements of the General Plan
and will not result in any internal inconsistencies within the plan.
2. The proposed General Plan Amendment will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern.
RESOLUTION NO.
PAGE 2
3. The potential environmental impacts of the proposed General Plan Amendment
are insignificant or can be mitigated to an insignificant level, or there are overriding
considerations that outweigh the potential impacts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves General Plan Amendment 02-002, amending the Land Use
Map as indicated in Exhibit "B-1", attached hereto and incorporated herein by reference.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2003.
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRA TIVESERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE AMENDING THE ZONING MAP
OF THE CITY OF ARROYO GRANDE; DEVELOPMENT
CODE AMENDMENT 02-004, APPLIED FOR BY S&S
HOMES, FOR PROPERTY LOCATED AT THE
INTERSECTION OF ASH AND COURTLAND STREETS
WHEREAS, the Zoning Map of the City of Arroyo Grande indicates that the subject 5.23-
acre property is located in the Single-Family (SF) zoning district with a Specific Plan (SP)
overlay; and
WHEREAS, the applicant, S&S Homes~ has filed applications for Development Code
Amendment 02-004 to amend the Zoning Map and designate the project property as
Condominiumfrownhouse (MF) with a SP overlay (MF-SP); and
WHEREAS, adoption of the proposed zoning designation would 'establish development
and design standards for the above described area; and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed
Development Code Amendment 02-004 at a duly noticed public hearing on March 4,
2003 and May 6, 2003, in accordance with the Development Code of the City of Arroyo
Grande at which time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Development
Code Amendment 02-004 at a duly noticed public hearing on June 10, 2003, in
accordance with the Development Code of the City of Arroyo Grande at which time all
interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearings, staff reports, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. Based on the information contained in the staff report and accompanying
materials, the proposed Development Code Amendment is consistent with the
goals, objectives, policies, and programs of the General Plan and is necessary and
desirable to implement the provisions of the General Plan.
B. The proposed Development Code Amendment amending the Zoning Map will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. The proposed Development Code Amendment amending the Zoning Map is
consistent with the purpose and intent of the Development Code. Medium density
ORDINANCE NO.
PAGE 2
residential development within the project area would be required to meet
development and design standards under the SF zoning designation that insure
orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map are insignificant or can be mitigated to a
less than significant level.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande, California hereby adopts Development Code Amendment 02-004 amending a
portion of the Zoning Map as follows:
SECTION 1: The above recitals and findings are true and correct.
SECTION 2: Development Code Section 16.24.020 is hereby amended as shown in
Exhibit" A" attached hereto and incorporated herein by reference. ,
SECTION 3: 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
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 anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 5: Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Determination.
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 Director of
Administrative Services/Deputy 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 Director of Administrative
Services/Deputy 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 after its adoption.
ORDINANCE NO.
PAGE 3
On motion by Council Member . seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2003.
ORDINANCE NO.
PAGE 4
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING SPECIFIC PLAN
AMENDMENT CASE NO. 02-001, LOCATED AT THE
INTERSECTION OF ASH AND COURTLAND STREETS,
APPLIED FOR BY S&S HOMES
WHEREAS, the City Council of the City of Arroyo Grande adopted Resolution No. 3323
on September 8, 1998 approving the Berry Gardens Specific Plan; and
WHEREAS, the applicant, S&S Homes, has submitted an application to amend the
General Plan and Development Code, and adopt the Specific Plan Amendment for
Subarea 2 of the l;3erry Gardens Specific Plan; and
WHEREAS, adoption of the Specific Plan Amendment would establish land use,
development and design standards for Subarea 2 of the Berry Gardens Specific Plan;
and
WHEREAS, the Planning Commission of the City of Arroyo Grande has reviewed the
Specific Plan Amendment at duly noticed public hearings on M,arch 4, 2003 and May 6,
2003 in accordance with the Development Code of the City of Arroyo Grande at which
time aU interested persons were given the opportunity to be heard; and
WHEREAS, the City Council of the City of Arroyo Grande has reviewed the proposed
Berry Gardens Specific Plan Amendment at a duly noticed public hearing on June 10,
2003 in accordance with the Development Code of the City of Arroyo Grande at which
time all interested persons were given the opportunity to be heard; and
WHEREAS, the City Council has reviewed and considered the information and public
testimony presented at the public hearing, staff report, and all other information and
documents that are part of the public record; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Specific Plan Amendment Findings:
1. Based on the information contained in the staff report and accompanying
materials, the proposed Specific Plan Amendment is consistent with the goals,
objectives, policies, plans, programs, intent, and requirements of the General Plan.
2. The proposed Specific Plan Amendment will not adversely affect the public health,
safety, and welfare or result in an illogical land use pattern. The street
improvements, installation of public utilities, upgrade to the City sewer main, and
drainage basin expansion proposed as part of the Specific Plan Amendment would
mitigate any potential adverse impacts to the public, health, safety, and welfare.
The density of 9.0 dwelling units per gross acre and the land use pattern proposed
are consistent with surrounding residential development.
RESOLUTION NO.
PAGE 2
3. The Specific Plan Amendment is necessary and desirable in order to implement
the provisions of the General Plan.
4. The development standards contained in the Specific Plan Amendment will result
in a superior development to that which would occur using standard zoning and
development regulations.
5. The Specific Plan Amendment will not create internal inconsistencies within the
Specific Plan and is consistent with the purpose and intent of the Specific Plan it is
amending.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Specific Plan Amendment 02-001, with the above findings and
subject to the conditions of approval as set forth in Exhibit "C-1", attached hereto and
incorporated herein by reference.
BE IT FURTHER RESOLVED that any development application within the Berry Gardens I
Specific Plan Subarea 2 shall comply with all mitigation measures set forth in the
Mitigated Negative Declaration prepared for the development project and adopted by City
Council on ,2003. I
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit: I
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AYES:
NOES:
ABSENT:
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the foregoing Ordinance was adopted this day of 2003. I
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RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 4
EXHIBIT C-1
CONDITIONS OF APPROVAL
SPECIFIC PLAN AMENDMENT 02-001
S&S Homes
Ash and Courtland Streets
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval amends the Berry Gardens Specific Plan by inserting the . following
language on page 52:
IV. PA TIO HOME RESIDENTIAL
SUBAREA 2-SPECIFlC PLANS (PHR2-SP)
1. Permitted and Conditionally Allowed Uses:
The PHR2-SP sub area shall allow single family detached, attached or zero lot
line patio homes and accessory structures. Property development standards
shall be as described below and the density shall not exceed 5.5 d.u./gross
acre.
2. Development Code General Provisions: .
Unless otherwise provided as part of the Berry Gardens Specific Plan, all
provisions of the Condominium/Townhouse (MF) designation and zone, as
defined in the General Plan and Development Code of the City of Arroyo
Grande shall be applicable within the PHR2-SP area.
3. Minimum building site area:
Shall be 3,000 square feet except on corner lots, which shall be a minimum of
3,500 square feet.
4. Minimum average lot width and frontage:
Shall average thirty (30) feet, except corner lots, which shall average thirty-five
(35) feet.
5. Minimum lot depth:
Shall be 80 feet, excluding private rear access easement.
6. Minimum yard:
a. The minimum front yard building setback (from back of sidewalk)
shall be ten (10) feet and the maximum shall be twenty-five (25)
feet. The minimum building setback from' the meandering walk off
Ash Street shall be ten (10) feet.
-
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RESOLUTION NO.
PAGE 5
b. Interior side yard setback shall be zero (0) feet on one side, and a
minimum of five (5) feet and an average of 7.5 feet on the other
side for one and two story buildings, subject to City design review
and approval.
c. Minimum rear yard setbacks shall be zero (0) feet for single story
buildings (or portion less than 14 feet in height) and shall be at
least five (5) feet for two story buildings (or portions more than 14
feet in height). (Garages shall provide remote control openers and ,
roll-up garage doors). Driveway setbacks may vary, but shall
allow a minimum of twenty40ur (24) feet between opposing
garage doors to assure adequate back up space.
d. Exceptions: Architectural features such as roof eaves, bay
windows, steps and chimneys may project into required yards as
provided in the City's Development Code.
7. Maximum lot coverage:
Shall be 60%.
The PHR-SP lots shall provide each unit with an average of 1,000 square feet
of private open space area.
8. Maximum building height:
Shall be twenty-five (25) feet.
9. Maximum Floor Area Ratio:
Shall be 0.60, including garages.
10. Development shall be subject to City of Arroyo Grande Architectural Review.
{See Site Plan Exhibits 8, 9 and 10 on pages 20, 21 and 22 for prototypical
building and preliminary site plans for Patio Home Residential development].
1. A reproducible copy and twenty (20) copies of the Final Berry Gardens Specific
Plan as amended shall be submitted 30 days after the first reading of Ordinance
No. for Development Code Amendment 02-004.
2. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
3. The applicant shall comply with all conditions of approval for Specific Plan
Amendment 02-001,. Vesting Tentative Tract Map 02-001 and Planned Unit
Development 02-004.
RESOLUTION NO.
PAGE 6
4. This approval shall automatically expire on unless. the final map is
recorded or an extension is granted pursuant to Section 16.12.140 of the
Development Code.
5. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of except as modified by these
conditions of approval.
6. The applicant shall,. as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION WITH MITIGATION MEASURES,
INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO FILE A NOTICE OF DETERMINATION, AND
APPROVING VESTING TENTATIVE TRACT MAP CASE
NO. 02-D01 AND PLANNED UNIT' DEVELOPMENT CASE
NO. 02-D04, LOCATED AT THE INTERSECTION OF ASH
AND COURTLAND STREETS, APPLIED FOR BY S&S
HOMES
WHEREAS, the City Council of the City of Arroyo Grande has considered Vesting
Tentative Tract Map 02-001 and Planned Unit Development 02-004, filed by S&S Homes,
to subdivide a 5.23-acre site into 47 residential lots; and
WHEREAS, the City Council has held a public hearing on . these applications in
accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council found that this project is consistent with the City's General
Plan, Development Code and the environmental documents associated therewith, and
has reviewed the draft Negative Declaration with mitigation measures under the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text, as
amended per General Plan Amendment 02-002, and the requirements of the
Development Code.
3. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
4. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
5. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
6. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract map or that alternate easements for
RESOLUTION NO.
PAGE 2
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
7. The discharge of waste from the. proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) of the California Water Code.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support projeCt development.
Planned Unit Development Permit Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan.
2. The site for the proposed development is adequate ih size and shape to
accommodate said use and all yards, open spaces, setbacks, walls and fences,
parking areas, landscaping, and other features required by the Development
Code.
3. The site for the proposed development has adequate access, meaning that the
site design and development plan. conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be compatible
with the existing multiple-family and single-family residential uses in the
surrounding area.
6. The improvements required, and the manner of development, adequately address
all natural and man-made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit Development
Provisions by providing a more efficient use of the land and an excellence of
design greater than that which could be achieved through the application of
conventional development standards.
8. The proposed development. complies with all applicable performance standards
listed in Development Code Section 16.32.050.
RESOLUTION NO.
PAGE 3
Architectural Review Findings:
1. The proposal is consistent with the general Architectural Guidelines for the City of
Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande General
Plan, and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons working in the neighborhood of the proposed project.
4. The general appearance of the proposal is in keeping with the character of the
neighborhood.
5. The proposal is not detrimental to the orderly and harmonious development of the
City.
6. The proposal will not impair the desirability of investment or occupation in the
neighborhood.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for Vesting
Tentative Tract Map No. 02-001 and Planned Unit Development 02-004.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a negative declaration and finds
that there is no substantial evidence of any significant adverse effect, either
individually or cumulatively on wildlife resources as defined by Section 711.2 of the
Fish and Game Code or on the habitat upon which the wildlife depends as a result
of development of this project. Further, the Planning Commission finds that said
Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a negative declaration with mitigation measures, instructs the
Director of Administrative Services to file a Notice of Determination, and approves Vesting
Tentative Tract Map 02-001 and Planned Unit Development 02-004, with the above
findings and sUbject to the conditions of approval as set forth in Exhibit "An, attached
hereto and incorporated herein by reference.
RESOLUTION NO.
PAGE 4
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2003.
RESOLUTION NO.
PAGE 5
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
RESOLUTION NO.
PAGE 6
EXHIBIT D-1
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 02-001 and
PLANNED UNIT DEVELOPMENT 02-004
S&S Homes
Ash and Courtland Streets
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 5.23-acre property into forty-seven (47)
residential lots ranging in size from 3,128 to 7 A09 square feet.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 02-001 and Planned Unit Development 02-004.
3. This tentative map and PUD approval shall automatically expire on
unless the final map is recorded or an extension is granted pursuant to Section
16.12.140 of the Development Code.
4. Development shall occur in s~bstantial conformance with the plans presented to
the City Council at the meeting of June 10, 2003 and marked .Exhibit "B" except as
modified by these conditions of approval.
5. The applicant shall,as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, it$ present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers. or employees to attack, set
aside, void, or annul. City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
SPECIAL CONDITIONS
6. A reproducible copy and twenty (20) copies of the Final Berry Gardens Specific
Plan as amended shall be submitted 30 days after the first reading of Ordinance
No. for Development Code Amendment 02-004.
7. The project shall incorporate a minimum of two (2) different roof colors for the
residences.
RESOLUTION NO.
PAGE 7
NOISE
8. Construction shall be limited to between the hours of 8am and 6pm Monday
through Saturday. No construction shall occur on Sunday.
DEVELOPMENT CODE
9. Development shall conform to the CondominiumfTownhouse (MF) zoning
requirements except as otherwise approved.
10. All fences and/or walls shall not exceed six feet (6') in height unless otherwise
approved with a Minor Exception or Variance application.
11. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions" .
12. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
PRIOR TO ISSUANCE OF GRADING PERMIT
13. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
14. The applicant shall submit final Covenants, Conditions and Restrictions (CC&R's)
that are administered by a subdivision homeowners'association and formed by the
applicant for common areas within the subdivision. The CC&R's shall be reviewed
and approved by the City Attomey and recorded with the final map. Alternatively,
the applicant can form a Maintenance District for all common areas.
15. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
(1 ) Deep root planters shall b~ included in areas where trees are within
RESOLUTION NO.
PAGE 8
five feet (5') of asphalt or concrete surfaces and curbs;
(2) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
shall be incorporated into the landscaping plan; and
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
16. All fencing shall be installed.
PARKS AND RECREATION DEPARTMENT CONDITIONS
17. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
18. Linear root barriers shall be used at the front of the project to protect the
sidewalks.
19. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every seventy-five feet (75') of street frontage.
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
20. The project shall comply with the most recent editions of the Califomia State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
21. The applicant shaU show all setback areas for each lot on the tentative tract map
prior to map recordation.
FIRE LANES
22. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
23. All fire lanes must be posted and enforced, per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
24. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration of
RESOLUTION NO.
PAGE 9
2 hours.
25. Prior to bringing combustables on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief.
FIRE SPRINKLER
26. The project shall provide Fire Department approved access or sprinkler-system per
National Fire Protection Association Standards.
ABANDONMENT/NON-CONFORMING
27. Prior to issuance of a grading permit or building permit,' whichever occurs first,
the applicant shall show proof of property abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesir~ble conditions.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
28. Fees - The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
Reservations or Exactions" is provided below).
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
RESOLUTION NO.
PAGE 10
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map ortentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a speci~c
development.
GENERAL IMPROVEMENT REQUIREMENTS
29. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
30. All project improvements shall be designed and constructed in accordance with
City standards and specifications. The following Improvement plans shall be
prepared by a registered Civil Engineer and approved by the Public Works
Department:
a. Grading and drainage.
b. Erosion control.
c. Street paving, curb, gutter and sidewalk.
d. Public utilities.
e. Water and sewer.
f. Landscaping and irrigation.
31. Improvement plans shall include plan and profile of existing and proposed streets
and utilities.
RESOLUTION NO.
PAGE 11
32. The site plan shall include the following:
a. The location and size of all water, sewer, and storm drainage facilities
within the project site and abutting streets or alleys.
b. The location, quantity and size of all sewer laterals.
c. The location, quantity and size of all water laterals.
d. The location, size and orientation of all trash enclosures.
e. All parcel lines and easements crossing the property.
f. The location and dimension of all paved areas.
g. The location of all public or private utilities.
33. Landscape and irrigation plans are required within the public right of way, and
shall be approved by the Community Development arid Parks and Recreation
Departments. In addition, The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
34. Upon approval of. the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes.
35. Prior to acceptance of the improvements, the applicant shall provide one
reproducible mylar set and an electronic (e.g. Autocad) file of the approved
record drawings (as builts) signed and stamped by the engineer of record.
36. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be pennitted.
The cleaning shall be done after each day's work or as directed by the Director
of Public Works or the Community Development Director.
37. Prior to approval of an improvement plan, the applicant shall enter into an
agreement with the City for inspection of the required improvements.
38. The applicant shall be responsible for obtaining an encroachment permit for all
work within the public right of way.
39. A traffic control plan will be required for any partial or full street or shoulder
closure necessary during construction. The Traffic Control plan is subject to the
approval of the Director of Public Works.
STREET IMPROVEMENTS
40. Ash Street shall be designed and constructed to collector street standards,
including the following:
a. 44 feet street width from curb to curb.
~-
RESOLUTION NO.
PAGE 12
b. 6-feet wide concrete sidewalks with concrete curb and gutter on both
sides of the street.
c. 64-feet wide right-of-:-way.
d. 35 mile per hour design speed.
e. The street shall be overlayed with a minimum of 1.5" of asphalt from the
lip of gutter to the eenterline of the street for the width of the project
frontage, and restriped after overlay.
41. Courtland Street shall be designed and constructed to street standards
established by the Berry Gardens Specific Plan, including the following:
a. 40-feet street width from curb to curb.
b. 5-feet wide right-of-way.
c. 35 mile per hour design speed.
42. Private Streets and Access Easements shall be designed and constructed to
satisfy minimum street standards for fire access, including .the following:
a. "No ParkinglFirelane" signs shall be posted per Police Department and
Fire Department guidelines on all private streets and private access
easements at 1 OO-foot intervals on both sides of the private drives.
b. Install "Private Drive" signs per Community Development Department
requirements for Jasmine Lane at the intersection with Courtland Street
and its intersection with Ash Street.
c. All private streets and access easements to support 40,000 pound
vehicles.
43. Prior to final acceptance, the applicant shall place a fog seal on all roads
dedicated to the City. Materials and application shall be approved by the
Director of Public Works.
44. Street structural sections shall be determined by an R-value soils test, and be a
minimum of 3" A.C. over 6" Class 2 Base.
DEDICATIONS AND EASEMENTS
45. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8%x11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
46. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
RESOLUTION NO.
PAGE 13
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
47. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way, except that street tree easements shall exclude the area
covered by public utility easements.
48. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following:
a. Water easement across Lot 1 from the private street to Ash Street for a
proposed water line loop. The easement shall be a minimum of 10' wide.
b. Water and sanitary sewer easements within private streets and access
easements. The easements shall be a minimum of 15-feet wide.
GRADING AND DRAINAGE
49. All grading shall be done in accordance with City Municipal Code Section 13.24.
50. A preliminary soils report shall be prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
51. All drainage facilities shall be designed to accommodate a 100-year storm flow.
52. Existing storm drainOMP in Ash Street to be removed and existing culvert
abandoned in place. The storm water run-off from Ash Street is to be redirected
down Courtland Street to the Berry Gardens Drainage Basin.
WATER !
53. The applicant shall connect the new 8-inch public water main in the private
streets to the existing 10-inch water main in Courtland Street and to the existing
10-inch water main in Ash Street.
54. Loop new 8-inch water main in the private street in the project site west of
Courtland Street to connect to the existing water main in Ash Street across Lot 1.
55. All new water mains shall be a minimum of 8-inch. Eliminate all dead-end 8-inch
water lines in the private driveways. Install common manifold configuration to
meters with 4-inch service lines to each parcel north of Jasmine Lane.
56. Install 4-inch water service manifiold per City of Arroyo Grande Standard
RESOLUTION NO.
PAGE 14
Drawing 714-AG off new 8-inch water mains to serve Lots 5 through 34. Each
lot shall have separate 1-inch water services with 1-inch water meters for private
residential use.
57. Abandon the private well on Lot 37. Obtain "Certificate of Abandonment" from
the County of San Luis Obispo prior to final map recordation.
WASTEWATER
58. Each parcel shall be provided a separate sewer lateral.
59. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
60. All new sewer mains shall be a minimum of 8-inches.
61. The applicant shall upgrade the City sewer main as requi(ed in accordance with
the City Wastewater System Master Plan. A fee calculated baded on the
Wastewater System master Plan data can be paid in lieu of the installation of the
upgrade to the City sewer system required to serve the project.
PUBLIC UTILITIES
62. All new public utilities shall be installed as underground facilities.
63. All existing public utilities, which are onsite, and those fronting Courtland Street
and Ash Street, shall be placed underground.
64. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
65. All improvement plans shall be submitted to the public utility companies for
review and comment. Utility comments shall be forwarded to the Director of
Public Works for approval.
66. The Final Map shall be submitted to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
FEES AND BONDS !
67. The subdivider shall enter into a subdivision agreement for the completion and
guarantee of improvements required. The subdivision agreement shall be on a
form acceptable to the City.
RESOLUTION NO.
PAGE 15
68. The applicant shall provide bonds or other financial security for the following:
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all subdivision
improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey monuments.
69. All bonds or security shall be in a form acceptable to the City, and shall be
provided prior to recording of the map, unless noted otherwise. The minimum term
for Improvement securities shall be one year longer than the schedule for
completion of improvements described in the subdivision agreement.
70. The applicant shall furnish a certificate from the tax collector's office indicating
that there are no unpaid taxes or special assessments against the property.
71. A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the map. A current subdivision guarantee shall be
submitted to the Director of Public Works prior to recording the Map.
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RESOLUTION NO.
PAGE 16
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures appropriate City department or responsible agency. The
applicant shall be responsible for verification in writing by the monitoring
department or agency that the mitigation measures have been implemented.
1. The applicant shall allocate a minimum of 25% of the increased density, or six (6)
units, for low and moderate-income households.
Monitoring: The applicant shall build the affordable units.
Responsible Depts: Community Development and Building
Departments
Timeframe: Prior to acceptance of tract improvements for
construction
2. The applicant shall submit a grading and drainage plan indicating how the
additional runoff from the project will be accommodated by existing facilities and/or
provide on-site retention basins, to the satisfaction of the Director of Public Works.
Monitoring: Review of tract improvement and grading plans
Responsible Department: Public Works Department
Timeframe: Prior to acceptance of tract improvements for
construction
3. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters or hot water recirculating systems, and drip
irrigation with drought tolerant landscaping. Water conserving designs and fixtures
shall be installed prior to final occupancy for each residence.
Monitoring: Field inspection of each residence
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of Certificate of Occupancy
4. All tract landscaping shall be consistent with water conservation practices including
the use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest
extent possible,lawn areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping plans I
R~sponsible Department: Parks and Recreation Department f
Timeframe: Prior to construction of tract improvements I
!
5. The applicant shall complete measures to neutralize the estimated increa$e in
water demand created by the project by either:
RESOLUTION NO.
PAGE 17
Implement an individual water program that utilizes fixtures
and designs that minimize water usage. The calculations
shall be submitted to the Director of Public Works for review
and approval. The proposed individual water program shall
be submitted to the City for approval prior to implementation;
or,
Pay an in lieu fee.
Monitoring: Review of individual water program or payment
of the in lieu fee
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
6. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site. At
a minimum, this would include wetting down such areas in the later morning and
after work is completed for the day and whenever wind exceeds 15 miles per hour.
7. Soil stockpiled for more than two days shall be covered, kept moist, or treated with
soil binders to prevent dust generation.
8. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with CVC Section 23114.
9. Install wheel washers where vehicles enter and exit unpaved roads on to streets,
or wash off trucks and equipment leaving the site.
10. Sweep streets at the end of each day if visible soil material is carried on to
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
For measures 6-10: r
Monitoring: Review of grading and building plans and site
inspections
Responsible Department: The Public Works and Building and Fire
Departments shall inspect plans, and the
Community Development Department shall
spot check in the field
Timeframe: Prior to issuance of grading permit
11. The applicant shall pay the City's Traffic Signalization and Transportation
Facilities Impact fees prior to issuance of building permit.
RESOLUTION NO.
PAGE 18
Monitoring: The applicant shall pay the fees
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of building permit
12. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
13. All construction activities shall be limited to the hours of 8:00 AM to 6:00 PM
Monday through Saturday. No construction shall occur on Sunday.
14. To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day to
minimize the potential for disturbance of neighboring noise sensitive uses.
For measures 12-14:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Department: Public Works Department
Timeframe: During construction
15. Prior to issuance of building permits for each residence, the applicant/developer
shall pay the mandated school impact fee.
Monitoring: The applicant shall pay applicable school fees.
Responsible Department: Building Department
Timeframe: Prior to issuance of Building Permits for each
residence
16. The applicant shall pay the project's proportional share of the sewer impact fees.
Monitoring: The applicant shall pay the required fee.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of Building Permit
17. The following note shall be placed on the grading and improvement plans for the
Tract:
"In the event that during grading, construction or development of the
project, and archeological resources are uncovered, all work shall be
halted until the City has reviewed the resources for their significance.
If human remains (burials) are encountered, the County Coroner
(781-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation
measures."
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ATTACHMENT 1
MINUTES
CITY OF ARROYO GRANDE PLANNING COMMISSION
MARCH 4, .2003
CALL TO ORDER - The Arroyo Grande Planning Commission, met in regular session
with Vice Chair Keen presiding. Also present were Commissioners Arnold, Brown,
. Fowler, and Guthrie. Staff members in attendance were Community Development
Director, Rob Strong, Associate Planner, Kelly Heffernonand Public Works Engineer,
Mike Linn. .
APPROVAL OF MINUTES - None.
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS None.
AGENDA REVIEW - No changes.
PUBLIC HEARING ITEM - CONDITIONAL USE PERMIT/02.;o11; APPLICANT - RON
ROHR; LOCATlqN - 1156 EAST GRAND AVENUE. Staff report prepared and
presented by Ryan Foster, Assistant Planner.
The Planning Commission agreed to continue ~his item to the meeting of March 18,
2003 as recommended by staff.
PUBLIC HEARING ITEM - TENTATIVE TRACT MAP 02-001, DEVELOPMENT CODE
AMENDMENT 02-004, GENERAL PLAN AMENDMENT 02-002; . SPECIFIC PLAN
AMENDMENT 02-001, PLANNED UNIT DEVELOPMENT 02-004; APPLICANT - S&S [
HOMES; LOCATION - JASMINE PLACE (ASH & COURTLAND ST.). Staff report
prepared and presented by Kelly Heffernon.
I
Ms. Heffernon described the proposed project giving architectural details, layout of the
I
site and details of the applicant requested amendments. She stated that the applicant i
i
proposes to subdivide the property into 47 resie.{ential iots, ranging in size from 3,128 I
!
square. feet to 7,409 square feet (average' size of the units is about 1400 square feet), I
and provide one 23, 522 square foot open space lot for possible recreation. The I
I
applicant also proposes that all 47 of the residential units be reserved for moderate- !
income families. Four different types of units are proposed as either separate units or a
variety of duplex combinations. A linear parkway with meandering sidewalks
connecting to the park is proposed along .~sh Street, (out of the public right of way).
The applicant is requesting an increase '1n density to allow up to 9 units per acre I
consistent with several policies in the General Plan especially in regard to affordable
housing, but one of the policies states that affordable housing should be dispersed
throughout the community which could be considered inconsistent with the proposed
development. In addition, at issue is the minimum number of affordable units to be set
aside as there i~ inconsistency between the General Plan and the Development Code.
MINUTES PAGE 2
PLANNING COMMISSION
MARCH 4, 2003
Ms. Heffernon further stated that there were some unresolved issues related to the
proposed park and Jasmine Place. Specifically, the Public Works Director and the
Parks and Recreation Director had concerns with accepting the offers of dedication to
the City because of responsibilities of maintenance for the park and the private road.
The Parks and Recreation Director'smain concern is safety, of children, that may cross
the busy street to the pocket park from the sports complex. The','Director'would like to
see the pocket park relocated to the interior of the project and would like to see a Home
Owner's Association established to avoid any City maintenance requirement. With
regard to the private road, if the applicant wishes the City to accept this dedication the
Public Works Director has asked that the Tentative Map' ,be revised and 'resubmitted.
With regard to the drainage basin staff is recommending:thatitnotbeusedforretention.
Finally, Ms. Heffernon stated that staff was recommending that the PUD and map items
be continued to a date certain to work out some of the issues.
'The Commission had questions of staff regarding the drainage ,basin,the traffic .study,
lot coverage allowance modification through the SPA process, the inconsistency
between the General Plan and the Development Code rethemethodofdetermining
25% affordable units" bonus, and size of lots backing up to, existingcBerry Gardens
residences.
Mike Linn, Engineer, Public Works explained that BerryGardensponding basin does
have pumps so excess capacity can be pumped out and the proposed on-site basin can
be eliminated, entirely. The traffic study may need some more analysis if the concern is
Oak Park rather than Elm Street.
In answer, to a question from Commissioner Keen, Ms. Heffernon stated that the
. 'applicant had confirmed that the 25% bonus is proposed to be 100% moderate-income
housing, but the long-term restriction was not included.
Vice Chair Keen opened the Public Hearing."
.. ~
i
John Mack, Architect, gave a power point presentation of the Jasmine Place
development and stated that the project is providing high quality "workforce housing"
driven by State housing mandates. ...
->'
Clarence Cabreras, Midstate Bank, stated they were proposing to finance a program
created to give initial buyers with moderate income a variety of different types of loans
and would cut fees in half and offer zer~ point loans.
Jack Hardy, S&S Homes, stated S&S had- boughtthe land and are proposing to hold the
$100,000 "soft" second (accruing 4~% interest) and after a 10 year period if not
refinanced, the City would get remaining seconds until forgiven after 30 years.
MINUTES PAGE 3
PLANNING COMMISSION
MARCH 4, 2003
Planning Commission comments:
. There was concern with the soft second being held by the builder. and that the
proposal from S&S would mean that the City could lose all or most of the
affordable. housing during the initial 10-year period. .They would prefer a
permanent way, to keep the affordable. housing in the City or receive the funds
from the second if refinanced.
. How does medium high density fit with Berry Gardens?
. There was a concern with the open space calculation.
. They would like to see some units for lower income~as well as moderate, at an
even lower price than $228,000 ($328~000 without the second).
. Was it a good idea to. have all the affordable housing in the same location
allowing "credit" to other developments?
. Concern about maintenance of narrow private roads, access for fire trucks, etc.
. Trash collection should have central location.
. The project should have an HOA.
. They liked the park in the center of the project, whether public or private.
. Traffic study misdirected in the original scope of work.
Commissioner Brown said he did not think the density was consistent with Berry
Gardens and that he would like to see a transition between Berry Gardens and the
Jasmine Place development. He stated property,ownersexpecthomes..next to them to
be simifar.
Vice Chair Keen closed the Public Hearing.
After further extended discussion on unresolved issues, affordable. housing, density
bonuses and silent seconds the Commission made the following motions:
Commissioner Guthrie made a motion, seconded by Commissioner Arnold, that the I
Planning Commission recommend to City Council an interpretation of the General Plan 1
I
and Development Code - that when a density increase is given by GPA or DCA the !
required affordable housing quotient will bE(a minimum of 25% of the entire project.
The motion was approved with the following roll carr vote: I
i
I
AYES: Commissioners Guthrie, Arnold; Fowler. and Vice Chair Keen j
I
NOES: Commissioner Brown .... I
I
ABSENT: None )> I
~
Commissioner Guthrie made a motion. seconded by Commissioner Arnold, that the
Planning Commission recommends to City Council the interpretation of the General
Plan, Housing Element. H2-1. that each project be reviewed ana case-by-case basis
. . -
"
MI'NUTES PAGE 4
PLANNING COMMISSION
MARCH 4, 2003
regarding the concentration of affordable 'units (versus a "maximum" of 25% of the total
in our area. The motion was approved with t~e following roll call vote:
AYES: Commissioners Guthrie, Arnold, Fowler, and Vice Chair Keen
NOES: Commissioner Brown
ABSENT: None
Commissioner Guthrie made a motion, seconded by Commissioner Arnold, that the
Planning Commission recommend, to City Council approvaL of .theGeneral Plan and
Development Code Amendment regarding density and overall design of the project
including:
. A Home Owner's Association be formed with enforceable CC&R's;
. That 15 or more of the 47 units be affordable long-term to moderate income families;
. That the. Berry Gardens drainage basin be used and ,thatno:.retention basin. on-site
conflicting with park use.
. That there be more diversity in the architectural appearance of the units. A model
and more renderings should be provided for City Council.
The motion was approved with the following roll call vote:
AYES: Commissioners Guthrie, Arnold, Fowler. and Vice Chair Keen
NOES: Commissioner Brown '
ABSENT: None
NON-PUBLIC HEARING ITEMS - None
DISCUSSION ITEMS - None
PLANNING COMMISSION ITEMS AND COMMENTS - Commissioner Brown asked if
the packets could be delivered earlier to give more review time, as there were a great
number of projects listed for the next meeting? Mr. Strong said because of special
projects' during the month of April it had been necessary to schedule these projects all
on one Agenda. He said staff would make every effort to prepare at least a partial
agenda packet earlier.
COMMUNITY DEVELOPMENT DIRECTOR ,COMMENTS AND FOLLOW-UP - None
>
NON-PUBLIC HEARING ITEMS - None
DISCUSSION ITEMS -' None
PLANNING COMMISSION ITEMS AND COMMENTS - None .
COMMUNITY DEVELOPMENT DIRECTOR COMMENTS AND FOLLOW-UP - None:
. .
..-(.
HEARING DATE: March 4, 2003
AGENDA ITEM: II.A.
CITY OF ARROYO GRANDE
PLANNING COM~ISSION MEET'iNG
FILE/INDEX: General Plan Amendment 02-002;
Development Code Amendment 02-004;
Specific Plan Amendment 02-001;
Planned Unit Development 02-004; and
Tentative Tract Map 02-001 . ,
(Jasmine Place)
ApPLICANT: S&S Homes
REPRESENTATIVE: John Mack, S&S Homes
LOCATION: Northeast and northwest comers of the Ash Street/Courtland
Street intersection (Subarea 2 of the. Berry Gardens Specific
Plan).
.'
PROPOSAL: Subdivision of a '.23-acre site into 47 residential lots ranging
in size from 3.128 square feet to 7,409 square feet' and provide
one 23.522 square foot open space lot for passive recreational
.t: .
purposes.
PROJECT PLANNER: ~ r/fJ<eIlY Heffernon -
.
NOTIFICATION: 68 Public Hearing Notices sent on. February 21. 2003.
-1 -
. . .'
;."' ~.. o' ~
HEARING DATE: March 4, 2003 .
~.t~ . ;~~;.. AGENDA ITEM: II. A.
~
:'.' . ~ ,,#
Parcel Size: 5.23 acres
Terrain: Mostly level "
Vegetation: Weeds .
Existing land Use: Vacant
General plan Designation: Medium Density Residential (MD):with a ..specific Plan
Overlay , .
Zoning Designation: Single-Family Residential (SF) with a Specific Plan
Overlay
Surrounding Land UselZoning/General Plan Designation:
North: Residential Development/SF-SP/MD-SP
South: Soto Sports ComplexlPF/CF .
East: Residential Development/MF/MH
West: Residential Development/City of Grover Beach
BACKGROUND
. The >project site is located witit the Berry Gardens SPAAi~c>P~an '(Subar~a 2) at the
intersection of Ash and Courtland Streets. The5.23-acre property is currently vacant
and is surrounded on all sides by residential development with the exception of Soto
Park located across Ash Street to the south.
The City Council initially approved the Berry Gardens Specific' Plan-and Tract Map 2260
on September 8, 1998. The Spe~ific Plan established development and design
standards for Subarea 1, currently under construction for a total of 180 residential units,
put did not address t~e other tH"fee subareas. The propos,ed project is therefore subject
to an amendment to the Berry Gardens Specific Plan.
Also required is a General Plan Amendment to change the land use designation from I
I
Medium Density Residential (MD) to Medium High Density Multiple Family (MH), which I
1
allows up to nine (9) dwelling units per ,acre; a Development C~de Amendment to !
i
' change the zoning from Single Family Residential to CondominiumfTownhouse (MF)
, ,
consisterit with the land use; a Planned Unit ,Development to deviate from minimum lot !
f
size and setback requirements and to provide usable open space; and a Tentative Tract I
Map to subdivide the property. I.
I
Pre-Application I
The Planning Commission and City Council considered a pre-application for this ,
property on February 20, 2001 and March 13, 2001, respectively (see Attachments 1 I
!
and 2 for meeting minutes). The proposed project was to sObdivide the property into ,
!
twenty-three (23) residential lots ranging in size from 7;200 square feet to 10,023 [
,
,
square feet. The plan identified\'a fifty-foot (50') wide internal loop, road with access to ,
. Ash StreefattWo locations, anda twenty-foot '(20') wide landscape easement along Ash.
Street (see Attachment 3 for conceptual lot layout). Planning Commission concerns
focused on sewer and water pump expansion, drainage basin enlargement, traffic and
-2-
. .
I
HEARING DATE: March 4, 2003
AGENDA ITEM: ' II. A.
circulation, affordable housing, school impacts and architectural style of the units.
Council members concentrated their. comments on the need for affordable housing
within the City and how the proposed project would address this need. ,
Proiect Description
The applicant proposes to subdivide the property into 47 residential lots ranging in size
from 3,128 square feet to 7,409 square feet, and provide one'23,522 square foot open
space lot fpr passive recreation. The applicant also proposes that all of the residential
units be reserved for low to moderate-income families. Adequate parking for residents'
and guests is provided with a two-car garage for each unitand34 ;separateguest stalls
concentrated near the proposed park and the east side of the project site.. Where guest
stalls are not as conveniently located, the plan identifies 31:guest>stalls,located at
garage fronts.
Four unit types are proposed, which are shown on the site plan as either separate units
or as a variety of duplex combinations. The applicant proposes a "Craftsman Early
American Traditional" style of architecture, consisting of stucco. exterior, wood trim and
outrigger detailing, use of bold contrasting colors on trim 'elements, exposed wood
corbels,exposed painted wood facia, composition shingle heavy textured: roofing, .gable
roof forms with overhangs, and built, up cqlumns with covered"porches. The unit-mix is
summarized in the table below:
, PROPOSED UNIT MIX
UNIT TYPE DESCRIPTION QUANTITY
A . 1,431 sq. ft. 4
. 3-bdrm; 2 bath
. 2-stories
B . 1,381 sq. ft. 26
. 3-bdrm; 2 bath
. 2-stories
. ;
C . 1,431 sq. ft. : 10
. 3-bdrm; 2 b.ath
. 1-story
'D . 1,397 sq. ft. 7
.. 3-bdrm; 2 b~h
. 2-stories
TOTAL 47
.
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HEARING DATE: March 4. 2003
AGENDA ITEM: II. A.
The perimeter fencing would be made of 1" x 6" solid cedar or red wood fence boards
with 6" x 16"slump block plaster pilasters every ten feet (10') and is proposed along the
north, west and east property boundaries. Lots abutting Elm Street would have 3-foot
. .
(3') tall white picket fences along the rear of the' property similar to how the Brambles
look along Oak Park Boulevard, and a linear parkway with meandering sidewalk that
connects to the park area would traverse the ~Im Street frontage.
Staff Advisory Committee
The SAC reviewed the project on October 29, 2002 (see Attachrnent 4 for meeting notes).
Issues discussed included maintenance of the open space' areas,establishment of a
homeowners association, land use and zoning requirements;traffic,~streetimprovements,
utility undergrounding, drainage, fire protection, location of,stopsigns,andJencing. .
Architectural Review Committee
The ARC considered the project on December 2,2002 (see Attachment 5 for meeting
notes ). Issues discussed included parking configuration, amenities such as textured
concrete at key locations, affordable housing, greater variety of roof colors, park
maintenance, and questioned the need for a homeowners:association.The Committee
recommended approval of the project with suggestions thatthe.roofcolorsshould be at
least two (2) different shade~ of green, and that a homeowner's association should not
be required as a condition of approval.
DISCUSSION
Specific Plan Amendment
Specific plans are a tool to implement the General Plan. The purpose of the Specific
Plan is to provide development flexibility to allow for innovative design, land use mixes
and master planning of infrastructure needs. The approved Berry Gardens Specific
Plan (BGSP) describes the proposed land uses, circulation system, and development
standards for the specific plan area.
As mentioned above, the City Council initially approved the BGSP and Tract Map 2260
on September 8, 1998 (reference Attachment 6 for a copy of the Specific Plan; the
development and design standards for Sub9rea 1 are included on pages 12-40). Page
52 of the BGSP is reserved for subsequent provisions and maps applicable to Subarea
2, "subject to applications by the. property owner and approval by the City of Arroyo
Grande as a Specific Plan Amendment."
The applicant proposes that the following be inserted into the Berry Gardens Specific
Plan on page 52, which is almost verbatim to"the existing language for the patio homes
section found in the BGSP starting on page 18:
IV. PA TlO HOME RESIDENTIAL
SUBAREA 2-SPECIFIC PLANS (PHR2-SP)
- _~. _'..n_ ..._ .. _ .'. ,. ..... ..,. -...... - .'. _. - .', ...~ ~.~.~ -~ ...~~ .- .. -~,.
1. Permitted and Conditionally Allowed Uses:
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HEARING DATE: March 4, 2003
AGENDA ITEM: II. A.
The PHR2-SP sub area shall allow single family detached, attached or zero lo't .
line patio homes and accessory structures. Property development standards
shall be as described below and the density shall not exceed 5.5 d.u./gross acre.
2. Development Code General Provisions:
Unless otherwise provided as_ part of the" Berry Gardens Specific Plan, all
provisions of the Condominiumffownhouse (MF) designation and zone, as
defined in the General Plan and Development Code of the City of Arroyo Grande
shall be applicable within the PHR2-SP area.
3. Minimum building site area:
Shall be 3,000 square feet except on comer lots, which 'shall be a minimum of
3,500 square feet.
4. Minimum average lot width and frontage:
Shall average thirty (30) feet, except comer lots,; which shall, average thirty-five
(35) feet.
5. Minimum lot depth:
Shall be 80 feet, excluding private rear access easement.
6. Minimum yard:
a. The. minimum front yard building setback (from back of sidewalk)
shall be ten (10) feet and the maximum shalf be twenty-five (25)
feet. The minimum building setback from the meandering walk off
of Ash Street shall be five (5) feet.
b. The minimum street side yard building setback shall be five (5) feet
from back of sidewalk.
c. Interior side yard setback shall be zero (0) feet on one side, and a
minimum of five (5) fe.et and an average of 7.5 feet on the other side
. "
for one and two .story buildings, subject to City design review and
approval.
d. Minimum rear yard setbacks shall be zero (0) feet for single story
buildings (or portion less than 14 feet in height) and shall be at least
five (5) feet for two stQry buildings (or portions more than 14 feet in
height). (Garages snail provide remote control openers and roll-up
garage doors). Driveway setbacks may vary, but shall allow a
minimum of twenty-four (24) feet between opposing garage doors to
assure adequate back up space.
o.
e. Exceptions: Architectural features such as roof eaves/bay
windows, steps and chimneys may project into required yards as
provided in the City's Development Code.
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HEARING DATE: March 4. 2003
AGENDA ITEM: II. A.
7. Maximum lot coverage:
Shall be 60%.
The PHR-SP lots shall provide each unit with an average of 1,000 square feet of
private open space area.
8. Maximum building height:
Shall be twenty-five (25)Jeet.
9. Maximum Floor Area Ratio:
-, Shall be 0.60, including garages.
10. Development shall be subject to City of AffOYO Grande Architectural Review.
[See Site Plan Exhibits 8. 9 and 10 on pages 20, 21 and 22 for prototypical
bu~/dingand preliminary site plans for Patio HometResidentialdevelopment).
The applicant further recommends that the BGSP be amended to remove some site
entry elements and monuments that are described in Subarea 1 entitled "Fences, Walls,
and Special Entry Features". (starting on page 29 of the document included in
Attachment 6).
The City has processed three (3) Architectural Review permits, three (3) Amended
Architectural Review permits, and two (2) Minor Exceptions. for Subarea 1 of Berry
Gardens since 1999 for various purposes. Included as Attachment 7 are seven (7) sets
of Architectural Review Committee meeting notes addressing these issues. Based on
the number of instances the BGSP has been amended through the Architectural Review
process, and the need for better clarity and consistency, the project is conditioned to
submit to the City twenty (20) copies of "the Final Berry Gardens Specific Plan, as
amended, and one reproducible copy 30 days after the first reading of the Ordinance for
Development Code Amendment 02-004.
General Plan Consistency . .
The BerrY Gardens Patio Homes were apprQved at 5.5 dwelling units per acre. The
applicant is requesting an increase in density to allow up to 9.0 dwelling units per acre
consistent with the Medium High Density of the multiple-family land use category.
Although the majority of the proposed lot sizes are less than 4,000 square feet, the
project provides greater open space amenities than what would normally be required in a
Planned Unit Development. The project is'> consistent with the following Land Use
Element Policies:
I
LU2 Accommodate a broad range of Single Family Residential (SFR) housing !
i
densities within the City. ,
. . " . ........ ....-.. --_. . .. - - ---'"-...-... -_....-'~--.
LU3-5 Provide adequate housing for senior citizens, low-a"nd moderate-income
households, "and other populations with special. needs.
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HEARING DATE: March 4. 2003
AGENDA ITEM: II. A.
LU11 Promote a pattern of land use that protects the integrity of existing land uses,
' area resources and infrastructure and involves logical jurisdictional boundaries
with ,adjacent communities and the County.
H1 Encourage a continuing supply of affordable housing t6 meet the needs of
existing and future Arroyo Grande residents in all income levels.
H3-1 Affordable housing for low and moderate-income housing shall, to the extent
practical, be distributed throughout the City and not concentrated in a particular
area or neighborhood.
The project would allow the site to be developed with smallerlotsi(averagelotsize is
roughly 4,840 square feet), which theoretically would be more affo'rdable than larger lots
at a lower density.
Planned Unit Development
The applicant is proposing to change the underlying zoning of the property from Single
Family (SF) to Condominiumrrownhouse (MF). Although,:consistency'with'theoverall
density is achieved, the project deviates greatly from the MFminimum lot size of 10,000
square feet with lot sizes ranging from 3,128 to 7,409 square feet. ','The:minimumlot width
and depth in the MF District is 80 and 100 feet, respectively. The proposed lot width
ranges from approximately 30 to 80 feet, and the proposed lot depth varies Jrom 93. to 136
feet. The Development Code allows the lot'si:;ze, width and depth to, be determined through
the Planned Unit Development (PUD) permit process provided the overall density of the
applicable zoning district is maintained.
Building setbacks required by the underlying zoning district may also be reduced or
waived for lots created through the PUD process if the lot coverage requirements are me.
The proposed development has an average lot coverage of roughly 40%, which is equalto
the 40% maximum allowed in the MF district. However, the lot coverage allowance can be
modified through the Specific Plan process, and proposed is a maximum lot coverage of
60%. The project plans identify building setbacks that deviate from the MF requirements
in order to accommodate development of the twin homes (reference Setback Table
below). ",
. "
SETBACK TABLE
Yard Development Code Minimum Proposed PUD Setback j
Setback . ,
Front 20 feet ,,'" 1 0 feet
Street Side 1 0 feet 5 feet
Interior Side 1 0 feet o feet 'one side; average of
. 7.5 feet for the other side
Rear 20 feet (average for two-story o f~et for single story; 5 feet
construction) for two-story
:'
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HEARING DATE: March 4, 2003
AGENDA ITEM: II. A.
To ensure that residents of PUD projects have adequate open space, the Development
Code requires open space in the form of either "common" or "private" open space
areas, or some combin~tion thereof. This project exceeds the open space requirements
for Planned Unit Developments by incorporat!ng an average of over 1."000 square feet
of priv~te open space per lot, and providing a 23,522 square foot open space area for
passiye recreational purposes. '
The parking required for. PUD projects is 2 spaces per unit within an enclosed garage af:'ld '
0.5 spaces per unit for visitor parking. With forty-seven (47)dweUingunits, a total of
~enty-four (24) guest parking spaces are required. All the unitsare'designed.with two"'car
garages. and the project includes more than the required number of visitor parking spaces.
- .
Per Development Code requirements. the applicant has: submitted draft conditions,
covenants and restrictions (CC&Rs) for the organization of a home~wner's association
and maintenance of common areas. The project is conditioned to either establish a
homeowner's association to maintain common areas. or form a separate maintenance
district to assign that responsibility.
-.- .
ISSUES
Traffic
Based. on the Traffic and' Circulation Study prepared for the project by Associated
Transportation Engineers (A1E) dated December 30. 2002; .the'proposed residential
development is expected to generate 470 new daily trips. with 38 trips during the AM
peak hour and 47 trips during the PM peak hour. The analysis concludes that study
area intersections are forecast to operate above the City's Level of Service (LOS) "C"
threshold with cumulative plus project AM and PM peak hour traffic volumes. However,
ba~ed on the cumulative long-range traffic impacts to the City's circulation system. the
project is' conditioned to pay applicable Traffic Impact, and Signalization Fees as
adopted by the City Council.
Streets
Jasmine Place is identified on the project plans as a twenty-one (21) foot wide private
road. The applicant has indicated a desire f9r the City to accept Jasmine Place as a'
public road when the project is complete. However. the proposed roadcurrent!y does
not meet the Local Street Standards outlined in the Circulation Element. which require a
minimum of forty-two (42) foot of right of way: The Planning Commission may'wish to
discuss this issue and forward any comments to the City Council.
DrainaQe .... ~
Based on the drainage analysis pr~pared by Dyer Engineering (Attachment B of the Initial
Study). the existing basin must be enlarged to accommodate an additional 5,644 cubic
feet of run-off. Per the conditions of approval. the storm water run-off from Ash Street
must be redirected down Courtland Street to the Berry Gardens Drainage Basin, and the
applicant must therefore submit plans showing that the basin can accommodate this
increase.
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HEARING DATE: March 4, 2003
AGENDA ITEM: II. A.
Affordable HousinQ
To satisfy the City's affordable housing requirements, the project would need to provide
25% of the increase in density, or six (6) units, for low and moderate-income families.
The project is conditioned to record a deed restriction against each of the six (6) units to
ensure that the price remains at the affordable level.
As mentioned above, the applicant proposes that all forty-seven (47) homes be built for
sale to families having low and moderate-income levels. In retumfor this ,benefit, the
applicant further proposes to allocate the balance of the affordable.units(or41 units) for
future projects constructed by the applicant within the City of Arroyo,'Grandethat require
such mitigation. As conditioned, the project would only need to;'feserve the six (6) units
for affordable housing purposes. The Planning Commissioo'.may,1want:.to:discuss the
benefits and disadvantages of developing all forty-seven (47) housing units in one
location, and the new concept of "banking" affordable units f<?r future housing projects.
PUBLIC COMMENTS:
A public hearing notice was sent to all property owners within 300 feet of the proposed
project, the site was adequately posted with information abollt\the,;pubJic:hearing,:and a
public notice was placed in the Times-Press-Recorder. . Staff has received no written
comments or verbal communication to date.
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the'Califomia Environme.ntal Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for
Implementation of CEQA. Based on the review, staff does not-anticipate that this project
will have a,significant effect on the environment. Therefore, staff has prepared a negative
declaration with mitigation measures for the Planning Commission's consideration (see
Initial Study, Attachment 8).
RECOMMENDATION
Staff recommends that the Planning Commission adopt the attached Resolution thereby
recommending approval of the General Plan Amendment, Development Code
Amendment, Specific. Plan Amendmen~, Planned Unit Development and Vesting
Tentative Tract Map to City Council. .
Attachments:
Resolution recqmmending approval of General Plan Amendment 02-002,
Development Code Amendment 02-004, Specific Plan Amendment 02-001,
Planned Unit Development 02-004 and Vesting Tentative Tract Map 02-001' to
the City Council. . ..
')
Exhibit A: Ordinance approving GPA 02-002 and DCA 02-004
Exhibit B: Resolution approving Specific Plan Amendment 02-001
Exhibit C: Resolution approving VTTM 02-001 and Planned Unit
Development 02-004
Exhibit C-1: Conditions of Approval
Exhibit C-2: Project Plans
.
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HEARIN~ DATE: March 4, 2003
AGENDA ITEM: II. A.
1. Planning Commission Meeting Minutes of February 20. 2001
2. City Council Meeting Minutes of March 13.2001
3. Pre-Application conceptual 'ot layout
. .
. 4. . Staff Advisory Committee Meeting Notes of September October 29. 2002
5. Architectural Review Committee Meeting Notes of December 2. 2002
6. Berry Gardens Specific Plan
7. Architectural Review Committee Meeting Notes (7.setsfrom 1999 - 2001)
. 8. Initial Study' Soils Engineering Investigation by.~eoSolutions. Inc.
Attachment A:
Attachment B: Drainage Analysis prepared by Dyer Engineering
dated November 26. 2002
Attachment C: Traffic and Circulation Study:;by<ATEdatedDecember
30.2002
Attachment D: Developer Fee Justification Study for the Lucia Mar
Unified School District dated March 4. 2002
.
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MINUTES A TT ACHMENT 2
PLANNING COMMISSION
MAY 6, 2003
hair Guthrie clarified that the mitigation measure would leave open the poss' .
w use would be reused instead of rebuilt.
wn said it was his recommendation that it be a
approved on the following roll call:
Commissioners Brown, Arnold and Chair Guthrie
Commissioner Keen
Commissioner Fowler
PUBLIC HEARING ITEM: GENERAL PLAN AMENDMENT CASE NO. 02-002,
DEVELOPMENT CODE AMENDMENT CASE NO. 02-004, SPECIFIC PLAN
AMENDMENT CASE NO. 02-001, PLANNED UNIT DEVELOPMENT CASE NO. 02-004
AND TENTATIVE TRACT MAP CASE NO. 02-001 (JASMINE PLACE); APPLICANT -
JOHN MACK, S & S HOMES; LOCATION - NORTHEAST AND NORTHWEST
CORNERS OF THE ASH STREET/COURTLAND STREET INTERSECTION (SUB-AREA
2 OF THE BERRY GARDENS SPECIFIC PLAN. Staff report prepared and presented by
Kelly Heffernon, Associate Planner.
The Planning Commission reviewed the General Plan Amendment, Development Code
Amendment, Specific Plan Amendment, Planned Unit Development and Tentative Tract
Map to subdivide a 5.23-acre site into 47 residential lots ranging in size from 3,128 square
feet to 7,409 square feet and provide one 23,522 square foot open space lot for passive
recreational purposes.
Ms. Heffernon said the Planning Commission reviewed the project on March 4, 2003 and
had recommended Council consideration on several General Plan and Development Code
policy related issues prior to taking formal action on the project. After further consideration
it was determined that Planning Commission recommendation on the related applications
would be a more coherent approach and would simplify an otherwise complicated project.
She then gave a recap on the previous meeting and a brief project description.
Chair Guthrie opened the public hearing. l
MINUTES PAGE 9
PLANNING COMMISSION
MAY 6, 2003
John Mack, Architect - S & S Homes, displayed presentation boards of the project design
and showed color palettes for the proposed homes. He then addressed some of the
concerns from the prior meeting:
. Homeowner's Assn: The City Manager and City Attorney were reviewing a maintenance
agreement for the park and open spaces versus Homeowner's Association.
. Drainage: The Berry Gardens drainage basin could satisfy all the drainage
requirements for this project so there will be no need for an onsite drainage basin.
. In reference to the above Mr. Mack requested that a modification be made to the draft
Resolution, Page 15, Condition of Approval No. 51, the following language added "with
all runoff directed to the Berry Gardens basin".
. Request for more architectural diversity: The roof styles now have more architectural
interest and four different colors. In addition, the 26 buildings now have four different
color schemes and four different building types giving much more variety.
Mr. Mack then described the architectural styles; the open space park fenced off to
separate pedestrian circulation to Ash Street and said there is twice as much onsite parking
as is required. When Ash Street is widened there will be plenty of on-street parking in
addition to guest stalls and parking in front of garages on-site.
Commissioner Arnold questions:
. Do the 68 parking stalls include any parking in the drives? Mr. Mack replied the
drives on Jasmine Lane would be red curbed/no parking, except guest parking bays.
Other guest or resident parking would be in front of the garage doors.
. How many of the homes do not have drives or a tandem garage? Mr. Mack replied
that there are four floorplans, one of which includes tandem parking garages and a
single story design.
. How will the roads be maintained? Mr. Mack said this was proposed to be taken
care of by HOA, as would the drives also.
. How will the trash pick up be handled? Mr. Mack replied that they would be
individual trash containers.
. What about the line up of the Soto Sports parking lot drives with the drives out of this
property. Mr. Mack said this had been reviewed with Public Works and their
engineer and it was confirmed that it is safe to make left turns.
Commissioner Guthrie questions:
. How was the HOA agreement for the Brambles development funded and would this
HOA would be different? Mr. Mack said the Brambles had a HOA, met once a
month and paid monthly dues, but for this project the developer preferred a
maintenance district that could collect monthly fees and hire a property management
service.
. Was Jasmine Place was considered part of the driveway? Mr. Mack said it was and
would be a private street.
Commissioner Guthrie asked staff if after the minor modification to the conditions of
approval, would they still have the latitude to make sure that 1) the reservoir was capable of
handling the 100 year storm and 2) if it is pumped, are Elm Street and Soto basins capable
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MINUTES PAGE 10
PLANNING COMMISSION
MAY 6, 2003
of handling it also? Mike Linn, Public Works, replied yes to both questions and explained
how this would work.
Chair Guthrie closed the public hearing:
Commissioner Arnold comments:
. Would like clarification on how the HOAlmaintenance agreement would work and
would prefer to see a traditional HOA.
. Thought this a very good project; he would only like to see 15 homes be for low
income.
. Thought the color changes were good.
Commissioner Brown comments:
. Density too high.
. Single story homes against back of Berry Gardens are appropriate.
. Would like to deal with the affordable housing policy before recommending this
project.
Commissioner Keen comments:
. Conditions of approval need clarification - No. 6 says "minimum building setback
from meandering walk on Ash Street shall be five feet" and then on E. it says that
"architectural features may project into required yards as provided by City code; he
did not think this would work - houses too close to the sidewalk.
. The units with tandem garages with no parking in front are not acceptable.
. He did not think it necessary to resolve the affordable housing policy as he thought it
had been adequately stated in the staff report.
Mr. Mack stated he had provided a dedication of an additional 20 feet landscape buffer from
Ash Street. With the meandering walk, sidewalks are on the properties, but the sidewalk
could be straight and provide 15 feet of landscaping in front of each unit.
Mr. Mack addressed the tandem parking: Older buyers are taking the single story tandem ,
garage units and one parking space is all they need but with tandem they have two. There
are also guest stalls to provide extra parking. Commissioner Keen said older drivers do not
like to have to walk from the guest parking. I
Commissioner Arnold asked if the guest stalls adjacent to the units could be assigned to I
those units? Mr. Mack agreed that they could be. I
Commissioner Arnold made a motion, seconded by Commissioner Keen, recommending
that the City Council amend the General Plan and Zoning Map of the City of Arroyo Grande,
amend Berry Gardens Specific Plan, and approve a Vesting Tentative Tract Map and
Planned Unit Development in General Plan Amendment 02-002, Specific Plan Amendment
02-001, Planned Unit Development 02-004 and Tentative Tract Map- 02-001, for property
located at the intersection of Ash and Courtland Streets (Jasmine Place), with amendments
to Exhibits C-1 and 0-1 as follows:
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MINUTES PAGE 11
PLANNING COMMISSION
MAY 6, 2003
1. Exhibit C-1, 6.a., last sentence to state, "The minimum building setback from the
meandering walk off Ash Street shall be ten (10) feet".
2. Exhibit D-1, recommend to City Council a Home Owner's Association for
maintenance.
3. Exhibit D-1, add 6 parking spaces next to the units that have the tandem garages,
and they be assigned to those units.
and adopt:
RESOLUTION NO. 03.1870
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND
THE GENERAL PLAN AND ZONING MAP OF THE CITY OF ARROYO
GRANDE, AMEND THE BERRY GARDENS SPECIFIC PLAN, AND
APPROVE A VESTING TENTATIVE TRACT MAP AND PLANNED UNIT
DEVELOPMENT IN GENERAL PLAN AMENDMENT 02-002,
DEVELOPMENT CODE AMENDMENT 02-004, SPECIFIC PLAN
AMENDMENT 02-001, PLANNED UNIT DEVELOPMENT 02.Q04 AND
TENTATIVE TRACT MAP 02-001, FOR PROPERTY LOCATED AT THE
INTERSECTION OF ASH AND COURTLAND STREETS, APPLIED FOR BY
S&S HOMES
The motion was approved on the following roll call:
AYES: Commissioners Arnold, Keen and Chair Guthrie
NOES: Commissioner Brown
ABSENT: Commissioner Fowler
The foregoing resolution was adopted this 6th day of May 2003.
A discussion followed on affordable housing:
. Commissioner Arnold thought the "15 affordable units of more" for this project as
recommended by the Commission was a good compromise.
. Commissioner Brown did not agree that 15 units was enough given the proposed
increased amount of density and stated the concern is that it does not keep !
affordable housing in stock and he would like to see issue dealt with for future
projects.
. Chair Guthrie said he believed that at least 25% of the entire project or about 15
units would be acceptable; a silent second held by the owner would not be
acceptable but would work if the City held the seconds.
. Commissioner Keen suggested a memo be forwarded with a recommendation to
Council to have them consider "15 units or more" with emphasize on the "or more".
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AGENDA ITEM: II. A.
MEMORANDUM
TO: PLANNING COMMISSION
FROM: '~I KELLY HEFFERNON ~
~I ASSOCIATE PLANNER ' .
SUBJECT: CONDITIONAL USE PERMIT ,CASE NO. 02-013 TO
CONSTRUCT A TWO-STORY BUlb'DJN,G',f,OR,:RETAILSALE OF
FARM SUPPLIES; 1049 EL CAMINO REAL; JIMBRABECK FOR
FARM SUPPLY
-
DATE: MAY 6, 2003
RECOMMENDATION:
Staff recommends that the Planning Commission adopts Resolution recommending the
Council approve a mitigated negative declaration, instructtheDirectorof Administrative
Services to file a Notice of Determination, and approve Conditional Use Permit Case
No. 02-013.
FUNDING:
There is no financial impact to the City as a result of approving the propC?sed project.
DISCUSSION:
The project site is approximately 3.2-acres in size and is zoned Industrial (I) with a Mixed
Use (MU) land use designation (see project location below). Th~ property is mostly paved
and slopes gently down from EI Camino Real. The site is currently used for storing
vehicles and rental equipment and is surrounded by similar com~ercial/industri~1 uses on
all sides.
Location Map \ .
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D Camino Red
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PLANNING COMMISSION
MAY 6, 2003
CUP 02-013
PAGE 2
Project Description
The applicant is proposing to construct a two-story, prefabricated metal building for retail
sale of farm supplies. The project includes 5,000 square feet of retail.area on the ground
floor, 5,000 square feet of covered outdoor storage, and 2,950/squarefeet of future
office/storage area on the upper floor. Adequate parking is provided . for the project,
including the future second floor area.
PROJECT SUMMARY
Parking Setbacks Height Lot Floor Area
Coverage Ratio
Development -
Code 38 Front: 20 ft. 30 feet 50% 0.45 max.
Requirements spaces Interior Side: 0
ft.
Rear: 0 ft.
Proposed
38 Front: 47ft. 22 feet 7% 0.09
spaces N. Side: 50 ft.
S. Side: n/a
~ Rear: 140 ft.
Proposed building materials include natural galvanized corrugated metal roofing, rustic
red exterior siding, dark bronze windows and doors, and white trim and gutters. Security
lighting is proposed in the parking lot, consistent with Development Code requirements.
The preliminary landscape plan shows a total of eight (B) trees and a variety of shrubs
and ground cover species concentrated within the parking area along the EI Camino
Real frontage. As shown on Plan A-B, the combined retaining wall and fence height
exceeds the six-foot (6') maximum allowed in some areas, requiring a Minor Exception
application.
The alignment of EI Camino Re~1 shows a one hundred foot (100') right-of-way, placing
the front section of the off street parking for the project within City property and
therefore requiring City Council approval of an encroachment permit. Because approval
,
of the Conditional Use Permit (CUP) is contingent upon Council approval of the
encroachment permit, the Planning Commission's action regarding the CUP must be in
the form of a recommendation to Council.
.
The Staff Advisory Committee (SAC) reviewed the project on February 19, 2003.
. Issues discussed included traffic. impacts, encroachment into the EI Camino Real right-
of-way, need for a turning pocket lane on EI Camino Real, parking, and fencing details.
Also discussed was the requirement to underground utilities. The applicant has
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PLANNING COMMISSION
MAY 6, 2003
CUP 02-013
PAGE 3
requested a waiver of this requirement, included as Attac~ment 1. The SAC Meeting
Notes are included as Attachment 2.
The Architectural Review Committee (ARC) considered the project on March 3, 2003 and
unanimously recommended approval after 'discussing,.some','architectural design and
landscaping details (ARC Meeting Notes are included as 'Attachment '3). Per ARC
comments, the elevations were amended to include a cupola ontopoUhe structure to add
a more authentic "barn-like" feature. The cupola increasesjhe :heightof the building to
~O'-6". Per the Development Code, this type of architectural feature may,exceed the
height limit, provided it is not used for habitable space..The';applicantihas:also. submitted
revised fence/wall plans that depict more accurately the;'h'eight'Bnd,appearance;incross
section view. As mentioned above, the fence/wall combination exceeds the six-foot (6')
height limit by almost a foot in some places, requiring submittal and' approval ofa Minor
Exception application. As conditioned, the applicant must submit a landscape plan that
includes more trees on the south side of the project per the ARC. f
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the California 'Environmental Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for !
Implementation of CEQA. Based on the review, staff does. not anticipate that this project I
will have a significant effect on the environment. Therefore, staff has prepared a negative
declaration with mitigation measures for the Planning Commission's consideration (see
Initial Study, Attachment 4).
-
ALTERNATIVES:
The following alternatives are presented for the Planning Commission's consideration:
1. Approve staff's recommendation and adopt the resolution;
2. Modify staff's recommendation and adopt the resolution; or
3. Modify the resolution to include findings for denial.
Attachments:
Resolution recommending approval of CUP 02-013 to the City Council
Exhibit "A": Conditions of Approval
Exhibits "B 1 - B7": Project Plans
1. Letter from applicant requesting an exception to the undergrounding of utilities
requirement
2. Staff Advisory Committee Meeting Notes of February 19, 2003
3. Architectural Review Committee Meeting Notes of March 3, 2003
4. Initial Study
.
Jun 03 03 06:05p S&S HOMES 805-481-1083 p. 1
Attachment 3
nAn REeg,PlE4)
el"""Y"'fATr"~"o G~ "No'"
~,l G. "u r H\ II .:;:-
03 JUN-4 AM 9: 2'
S &5 HOMES
~ THE CINTIl.AL COAST. INC.
June 3, 2003
Steve Adams via fax: 473-0386
City Manager
City of Arroyo Grande
P.O. Box 550
214 East Branch Street
Arroyo Grande, CA 93421
RE: Jasmine Place Revised Developers Proposal
Dear Steve, ..
Per our telephone conversation today it is our understanding that we will have Staffs
recommendation of approval before the up coming City counciImeetingifwe could obtain
seventeen units for moderate housing needs. The following summarizes what we had discussed:
. S & S Homes to provide 50% of the increased density as moderate-income units with the
City holding the soft second notes, for a total of 17 units.
. Any additional unit above this increase S & S Homes to receive one transferable aJfordable
housing credit, which can be used by S & S Homes or sold.
(Up to a total of21 t!nits)
. Deed restriction to be placed on the property with language acceptable to lenders with
buyer qualifications acceptable to the builder.
. Reduce size and amenities of the moderate housing unit. i
I
S & S Homes wil1 be working on a specific unit design within this project that will be able to be
constructed for less by reducing the units size and amenities without sacrificing the units
appearance.
lease do not hesitate in contacting me.
~
John F.
C.c. Rob Strong
1350 E GRANDE AVENUE
ARROYO GRANDE, CA 93420
(805) 481-4033 FAX (805) 481-1083
--...-----
-..---
.S & S HOMES
OF THI! CI!NTML COAST. INC.
April 7, 2003
Rob Strong
Community Development Director
Community Development
City of Arroyo Grande
P.O. Box 550
214 East Branch Street
Arroyo Grande, CA 93421
RE: Jasmine Place
Developers Proposal to increase the required amount of Moderate Income" units
Dear Rob,
Thank you and Steve Adams for meeting with us he other day to discuss the
possibility of working in more moderate income units than what was recommended at
the planning commission meeting of March 4, 2003.
The original proposal offered by S&S Homes created a work force housing project
with no contributions from the City's for building or site costs. With this proposal the
developer would arrange a soft second program for the home buyers that would make.
up the difference between the market rate for the home and the county defined
moderate sells price. After meeting with you and Steve we understand that the City I
would like to see all 47 units to be deed restricted and the City holding control over I
the soft second program. This arrangement does not work for S & S Homes.
Please find enclosed an affordable housing agreement for you to review with example
deed restriction infonnation to be considered on this project. f
I
With our continued effort in being a leader in developing affordable housing projects f
in the San Luis Obispo area S & S Homes is ~roud to present the City of Arroyo t
Grande the following two options for Jasmine Place. !
!
I
1350 E GRANDE AVENUE
ARROYO GRANDE, CA 93420
(805) 481-4033 FAX (80S) 481-1083
,
S &S HOMES
Of THE CENTRAL COAST. INC.
Option One - Provide additional Moderate Income units beyond the Cities Requirement
. S & S Homes to provide the required number of affordable ll9J1s at 25%, 11 total units.
Any unit provided above this requirement, up to a total OffL~!s,.the City shaJl provide
one transferable affordable housing credit, which can be'usedby'S & S Homes or sold.
. City to contrib1,!te $1 ~,957 for every additional unit provided in fe~ reductions and freeze
\:, the current fee struc~e for this project. r-rlt~"1 ,;'~,'~:::;
~. .J,.
f~
. City to retain soft seconds for all affo~ble units.
. Deed restriction to be placed on the~propertywith language acceptable to lenders.
. City to agree for the park to be maintained by a maintenance district.
I
I
Option Two - S & S Homes to partnership with the City to build 47 moderate income units I
. S & S Homes to provide the development costs and land costs -
. City to contribute $750,000 in fee reductions and freeze the current fee structure for this
project.
. City to provide S & S Homes with 36 transferable affordable housing credits, which can
be used by' ~ & S Homes or sold.
. City to split the soft seconds 50/50 with S & S Homes.
. City to agree for the park to be maintained by a maintenance district. I
City to accept the maintenance of the streets and utilities as the project is currently
.
designed. ,
I look forward to hearing from you and discussing the options presented above and which option
the City wishes to pursue further.
1350 E GRANDE AVENUE
ARROYO GRANDE, CA 93420
(805) 481-4033 FAX (805) 481-1083
\ {
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
SUBJECT: SUPPLEMENT TO ITEM 9.b. VTTM NO. 02.Q01; PUD 02-004, JASMINE
PLACE
DATE: JUNE 10,2003
Attached is a revised Resolution for Agenda Item 9.b.. (Revisions are in highlighted text)
Review of this item by the City Attorney revealed several refinements needed to the
Resolution, assuming that the City Council intends to approve this project. Because the PUD
and Tract Map approvals would become effective only after General Plan Amendment,
Specific Plan Amendment and Development Code Amendment are completed; an additional
statement to that effect should be integrated into the Resolution.
Additionally, Exhibit D-1, Conditions of Approval, should include condition number 72
regarding the proposed potential allowance for 4 additional affordable units subject to a
proposed program of "transferable credits", if and when approved as part of the 2003
Housing Element Update.
Finally, Mitigation Measure Number 1 (on page 16 of the draft Resolution) should be
amended to require a minimum of 17 affordable housing units for moderate-income
households rather than the preliminary allocation of 6 units outlined in the initial study.
- -----_.._-------_..._-----._--~-- --_._._~-~-
~.
-------~_/~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A NEGATIVE
DECLARATION WITH MITIGATION MEASURES,
INSTRUCTING THE DIRECTOR OF ADMINISTRATIVE
SERVICES TO FILE A NOTICE OF DETERMINATION, AND
APPROVING VESTING TENTATIVE TRACT MAP CASE
NO. 02-001 AND PLANNED UNIT DEVELOPMENT CASE
NO. 02-004, LOCATED AT THE INTERSECTION OF ASH
AND COURTLA~D STREETS, APPLIED FOR BY S&S
HOMES
WHEREAS, the City Council of the City of Arroyo Grande has considered Vesting
Tentative Tract Map 02-001 and Planned Unit Development 02-004, filed by S&S Homes,
to subdivide a 5.23-acre site into 47 residential lots; and
WHEREAS, the City Council has held a public hearing on these applications in
accordance with the Development Code of the City of Arroyo Grande; and
WHEREAS, the City Council found that this project is consistent with the City's General
Plan, Development Code and the environmental documents associated therewith, and
has reviewed the draft Negative Declaration with mitigation measures under the
provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Tract Map Findings:
1. The proposed tentative tract map is consistent with the goals, objectives, policies,
plans, programs, intent, and requirements of the General Plan map and text, as
amended per General Plan Amendment 02-002, and the requirements of the
Development Code.
3. The site, as shown on the tentative tract map, is physically suitable for the
proposed density because all necessary easements, parking, open space, and
setbacks can be provided.
4. The design of the tentative tract map or the proposed improvements are not likely
to cause substantial damage to the natural environment, including fish, wildlife or
their habitat.
5. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
6. The design of the tentative tract map or the type of improvements will not conflict
with easements acquired by the public at large for access through, or use of,
property within the proposed tentative tract map or that alternate easements for
___.d..._.____.__
RESOLUTION NO.
PAGE 2
access or for use will be provided, and that these alternative easements will be
substantially equivalent to ones previously acquired by the public.
7. The discharge of waste from the proposed subdivision into an existing community
sewer system will not result in violation of existing requirements a prescribed in
Division 7 (commencing with Section 13000) ofthe California Water Code.
8. Adequate public services and facilities exist or will be provided as the result of the
proposed tentative tract map to support project development.
Planned Unit Development Permit Findings:
1. The proposed development is consistent with the goals, objectives, and programs
of the Arroyo Grande General Plan.
2. The site for the proposed development is adequate in size and shape to
accommodate said use and all yards, open spaces, setbacks, walls and fences,
parking areas, landscaping, and other features required by the Development
Code.
3. The site for the proposed development has adequate access, meaning that the
site design and development- plan conditions consider the limitations of existing
streets and highways.
4. Adequate public services exist, or will be provided in accordance with the
conditions of the development plan approval, to serve the proposed development;
and that the approval of the proposed development will not result in a reduction of
public services to properties in the vicinity so as to be a detriment to public health,
safety, and welfare.
5. The proposed development, as conditioned, will not have a substantial adverse
effect on surrounding property, or the permitted use thereof, and will be compatible
with the existing multiple-family and single-family residential uses in the
surrounding area.
6. The improvements required, and the manner of development, adequately address
an natural and man-made hazards associated with the proposed development of
the project site, including, but not limited to, flood, seismic, fire and slope hazards.
7. The proposed development carries out the intent of the Planned Unit Development
Provisions by providing a more efficient use of the land and an excellence of
design greater than that which could be achieved through the application of
conventional development standards.
8. The proposed development complies with all applicable performance standards
listed in Development Code Section 16.32.050.
~- - - _n________.______________.'._'_._,,_____.._ _____'0_ ---._-------- ,..-. ---.
RESOLUTION NO.
PAGE 3
Architectural Review Findings:
1. The proposal is consistent with the general Architectural Guidelines for the City of
Arroyo Grande.
2. The proposal is consistent with the text and maps of the Arroyo Grande General
Plan, and the City of Arroyo Grande Development Code.
3. The proposal will not be detrimental to the health, safety, comfort and general
welfare of the persons working in the neighborhood of the proposed project.
4. The general appearance of the proposal is in keeping with the character of the
neighborhood.
5. The proposal is not detrimental to the orderly and harmonious development of the
City.
6. The proposal will not impair the desirability of investment or occupation in the
neighborhood.
Required CEQA Findings:
1. The City of Arroyo Grande has prepared an initial study pursuant to Section 15063
of the Guidelines of the California Environmental Quality Act (CEQA), for Vesting
Tentative Tract Map No. 02-001 and Planned Unit Development 02-004.
2. Based on the initial study, a Mitigated Negative Declaration was prepared for
public review. A copy of the Mitigated Negative Declaration and related materials
is located at City Hall in the Community Development Department.
3. After holding a public hearing pursuant to State and City Codes, and considering
the record as a whole, the City Council adopts a negative declaration and finds
that there is no substantial evidence of any significant adverse effect, either
individually or cumulatively on wildlife resources as defined by Section 711.2 of the
Fish and Game Code or on the habitat upon which the wildlife depends as a result
of development of this project. Further, the Planning Commission finds that said
Mitigated Negative Declaration reflects the City's independent judgment and
analysis.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts a negative declaration with mitigation measures, instructs the
Director of Administrative Services to file a Notice of Determination, and approves Vesting
Tentative Tract Map 02-001 and Planned Unit Development 02-004, with the above
findings and subject to the conditions of approval as set forth in Exhibit "A", attached
hereto and incorporated herein by reference.
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RESOLUTION NO.
PAGE 4
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of 2003.
--~- --------------
RESOLUTION NO.
PAGE 5
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
--- ----------.._------------
RESOLUTION NO.
PAGE 6
EXHIBIT D-1
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 02-001 and
PLANNED UNIT DEVELOPMENT 02-004
S&S Homes
Ash and Courtland Streets
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes the subdivision of a 5.23-acre property into forty-seven (47)
residential lots ranging in size from 3,128 to 7,409 square feet.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Vesting Tentative
Tract Map 02-001 and Planned Unit Development 02-004.
3. This tentative map and PUD approval shall automatically expire on
unless the final map is recorded or an extension is granted pursuant to Section
16.12.140 ofthe Development Code.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of June 10, 2003 and marked Exhibit "B" except as
modified by these conditions of approval.
5. The applicant shall, as a condition of approval of this tentative map application,
defend, indemnify and hold harmless the City of Arroyo Grande, its present or
former agents, officers and employees from any claim, action, or proceeding
against the City, its past or present agents, officers, or employees to attack, set
aside, void, or annul City's approval of this subdivision, which action is brought
within the time period provided for by law. This condition is subject to the
provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
SPECIAL CONDITIONS
6. A reproducible copy and twenty (20) copies of the Final Berry Gardens Specific
Plan as amended shall be submitted 30 days after the first reading of Ordinance
No. for Development Code Amendment 02-004.
7. The project shall incorporate a minimum of two (2) different roof colors for the
residences.
-"---- __ _______n_,' ."___.', .._.__~_.___~___..._~__..__.__~.__..___"____.____... --.--- ------ ,.
RESOLUTION NO.
PAGE 7
NOISE
8. Construction shall be limited to between the hours of 8am and 6pm Monday
through Saturday. No construction shall occur on Sunday.
DEVELOPMENT CODE
9. Development shall conform to the CondominiumfTownhouse (MF) zoning
requirements except as otherwise approved.
10. All fences and/or walls shall not exceed six feet (6:) in height unless otherwise
approved with a Minor Exception or Variance application.
11. The developer shall comply with Development Code Chapter 16.20, "Land
Divisions" .
12. The developer shall comply with Development Code Chapter 16.64, "Dedications,
Fees and Reservations."
PRIOR TO ISSUANCE OF GRADING PERMIT
13. All walls, including screening and retaining walls, shall be compatible with the
approved architecture and Development Code Standards, and shall be no more
than 3 feet in height in the front setback area, subject to the review and approval of
the Community Development Director.
PRIOR TO RECORDING THE FINAL MAP
14. The applicant shall submit final Covenants, Conditions and Restrictions (CC&R's)
that are administered by a subdivision homeowners' association and formed by the
applicant for common areas within the subdivision. The CC&R's shall be reviewed
and approved by the City Attomey and recorded with the final map. Alternatively,
the applicant can form a Maintenance District for all common areas.
15. A landscaping and irrigation plan shall be prepared by a licensed landscape
architect subject to review and approval by the Community Development and
Parks and Recreation Departments. The landscaping plan shall include the
following for all public street frontages and common landscaped areas:
a. Tree staking, soil preparation and planting detail;
b. The use of landscaping to screen ground-mounted utility and mechanical
equipment;
c. The required landscaping and improvements. This includes:
(1 ) Deep root planters shall be included in areas where trees are within
---_._----~~_._.~--- ----.._-- - ----- ._._~----_.-
RESOLUTION NO.
PAGE 8
five feet (5') of asphalt or concrete surfaces and curbs;
(2) Water conservation practices including the use of low flow heads,
drip irrigation, mulch, gravel, drought tolerant plants and mulches
shall be incorporated into the landscaping plan; and
(3) All slopes 2:1 or greater shall have jute mesh, nylon mesh or
equivalent material.
(4) An automated irrigation system.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
16. All fencing shall be installed.
PARKS AND RECREATION DEPARTMENT CONDITIONS
17. The applicant shall comply with the provisions of Ordinance 521 C.S., the
Community Tree Ordinance.
18. Linear root barriers shall be used at the front of the project to protect the
sidewalks.
19. All street front trees shall be 24-inch box and shall be located a minimum of one
(1) tree for every seventy-five feet (75') of street frontage.
BUILDING AND FIRE DEPARTMENT CONDITIONS
UBC/UFC
20. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
21. The applicant shall show all setback areas for each lot on the tentative tract map
prior to map recordation.
FIRE LANES
22. Prior to issuance of a certificate of occupancy, the applicant shall post
designated fire lanes, per Section 22500.1 of the California Vehicle Code.
23. All fire lanes must be posted and enforced. per Police Department and Fire
Department guidelines.
FIRE FLOW/FIRE HYDRANTS
24. Project shall have a minimum fire flow of 1,000 gallons per minute for a duration of
- _.._~_._--..~._.----- _._--_._--_.~_.- ~-~.~ --"----
RESOLUTION NO.
PAGE 9
2 hours.
25. Prior to bringing combustables on site, fire hydrants shall be installed 300 feet
apart, per Fire Department and Public Works Department standards. Locations
shall be approved by the Fire Chief.
FIRE SPRINKLER
26. The project shall provide Fire Department approved access or sprinkler-system per
National Fire Protection Association Standards.
ABANDONMENT/NON-CONFORMING
27. Prior to issuance of a grading permit or building permit, whichever occurs first,
the applicant shall show proof of proper1y abandoning all non-conforming items
such as septic tanks, wells, underground piping and other undesirable conditions.
PUBLIC WORKS DEPARTMENT CONDITIONS
All Public Works Department conditions of approval as listed below are to be complied
with prior to recording the map or finalizing the permit, unless specifically noted otherwise.
28. Fees - The applicant shall pay all applicable City fees at the time they are due.
(For your information, the "Procedure for Protesting Fees, Dedications,
ReseNations or Exactionsn is provided below).
PROCEDURE FOR PROTESTING FEES, DEDICATIONS, RESERVATIONS OR
EXACTIONS:
(A) Any party may protest the imposition of any fees, dedications, reservations, or
other exactions imposed on a development project, for the purpose of defraying
all or a portion of the cost of public facilities related to the development project by
meeting both of the following requirements:
(1 ) Tendering any required payment in full or providing satisfactory evidence of
arrangements to pay the fee when due or ensure performance of the
conditions necessary to meet the requirements of the imposition.
(2) Serving written notice on the City Council, which notice shall contain all of
the following information:
---~,--"" -"" -_,~"_.,,-._,,,_-----_,_--'---"----'--
RESOLUTION NO.
PAGE 10
(a) A statement that the required payment is tendered or will be
tendered when due, or that any conditions which have been imposed
are provided for or satisfied, under protest.
(b) A statement informing the City Council of the factual elements of
the dispute and the legal theory forming the basis for the protest.
(B) A protest filed pursuant to subdivision (A) shall be filed at the time of the
approval or conditional approval of the development or within 90 days after the
date of the imposition of the fees, dedications, reservations, or other exactions to
be imposed on a development project.
(C) Any party who files a protest pursuant to subdivision (A) may file an action to
attack, review, set aside, void, or annul the imposition of the fees, dedications
reservations, or other exactions imposed on a development project by a local
agency within 180 days after the delivery of the notice.
(D) Approval or conditional approval of a development occurs, for the purposes of
this section, when the tentative map, tentative parcel map, or parcel map is
approved or conditionally approved or when the parcel map is recorded if a
tentative map or tentative parcel map is not required.
(E) The imposition of fees, dedications, reservations, or other exactions occurs, for
the purposes of this section, when they are imposed or levied on a specific
development.
GENERAL IMPROVEMENT REQUIREMENTS
29. All project improvements shall be designed and constructed in accordance with
the City of Arroyo Grande Standard Drawings and Specifications.
30. All project improvements shall be designed and constructed in accordance with
City standards and specifications. The following Improvement plans shall be
prepared by a registered Civil Engineer and approved by the Public Works
Department:
a. Grading and drainage.
b. Erosion control.
c. Street paving, curb, gutter and sidewalk.
d. Public utilities.
e. Water and sewer.
f. Landscaping and irrigation.
31. Improvement plans shall include plan and profile of existing and proposed
streets and utilities.
~.__.- -- ----...--- ---_.-- ------.------
RESOLUTION NO.
PAGE 11
32. The site plan shall include the following:
a. The location and size of all water, sewer, and storm drainage facilities
within the project site and abutting streets or alleys.
b. The location, quantity and size of all sewer laterals.
c. The location, quantity and size of all water laterals.
d. The location, size and orientation of all trash enclosures.
e. All parcel lines and easements crossing the property.
f. The location and dimension of all paved areas.
g. The location of all public or private utilities.
33. Landscape and irrigation plans are required within the public right of way, and
shall be approved by the Community Development and Parks and Recreation
Departments. In addition, The Director of Public Works shall approve any
landscaping or irrigation within a public right of way or otherwise to be
maintained by the City.
34. Upon approval of the improvement plans, the applicant shall provide a
reproducible mylar set and 3 sets of prints of the improvements for inspection
purposes.
35. Prior to acceptance of the improvements, the applicant shall provide one
reproducible mylar set and an electronic (e.g. Autocad) file of the approved
record drawings (as builts) signed and stamped by the engineer of record.
36. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted.
The cleaning shall be done after each day's work or as directed by the Director
of Public Works or the Community Development Director.
37. Prior to approval of an improvement plan, the applicant shall enter into an
agreement with the City for inspection of the required improvements.
38. The applicant shall be responsible for obtaining an encroachment permit for all
work within the public right of way.
39. A traffic control plan will be required for any partial or full street or shoulder
closure necessary during construction. The Traffic Control plan is subject to the
approval of the Director of Public Works.
STREET IMPROVEMENTS
40. Ash Street shall be designed and constructed to collector street standards,
including the following:
a. 44 feet street width from curb to curb.
~-,_.._-_._- ____n__ ,__~_____.._________...__.._~~_.~___.____..______
RESOLUTION NO.
PAGE 12
b. 6-feet wide concrete sidewalks with concrete curb and gutter on both
sides of the street.
c. 64-feet wide right-of-way.
d. 35 mile per hour design speed.
e. The street shall be overlayed with a minimum of 1.5" of asphalt from the
lip of gutter to the eenterline of the street for the width of the project
frontage, and restriped after overlay.
41. Courtland Street shall be designed and constructed to street standards
established by the Berry Gardens Specific Plan, including the following:
a. 40-feet street width from curb to curb.
b. 5-feet wide right-of-way.
c. 35 mile per hour design speed.
42. Private Streets and Access Easements shall be designed and constructed to
satisfy minimum street standards for fire access, including the following:
a. "No Parking/Firelane" signs shall be posted per Police Department and
Fire Department guidelines on all private streets and private access
easements at 1 DO-foot intervals on both sides of the private drives.
b. Install "Private Drive" signs per Community Development Department
requirements for Jasmine Lane at the intersection with Courtland Street
and its intersection with Ash Street.
c. All private s~reets and access easements to support 40,000 pound
vehicles.
43. Prior to final acceptance, the applicant shall place a fog seal on all roads
dedicated to the City. Materials and application shall be approved by the
Director of Public Works.
44. Street structural sections shall be determined by an R-value soils test, and be a
minimum of 3" A.C. over 6" Class 2 Base.
DEDICATIONS AND EASEMENTS
45. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8%x11
City standard forms, and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
46. A Public Utility Easement (PUE) shall be dedicated a minimum 6 feet wide
adjacent to all street right of ways. The PUE shall be wider where necessary for
-~---- -_._--_.._----_._-~-~-.__._._~.,._---_._--
RESOLUTION NO.
PAGE 13
the installation or maintenance of the public utility vaults, pads, or similar
facilities.
47. Street tree planting and maintenance easements shall be dedicated adjacent to
all street right of ways. Street tree easements shall be a minimum of 10 feet
beyond the right of way, except that street tree easements shall exclude the area
covered by public utility easements.
48. Easements shall be dedicated to the public on the map, or other separate
document approved by the City, for the following:
a. Water easement across Lot 1 from the private street to Ash Street for a
proposed water line loop. The easement shall be a minimum of 10' wide.
b. Water and sanitary sewer easements within private streets and access
easements. The easements shall be a minimum of 15-feet wide.
GRADING AND DRAINAGE
49. All grading shall be done in accordance with City Municipal Code Section 13.24.
50. A preliminary soils report shall be prepared by a registered Civil Engineer and
supported by adequate test borings. All earthwork design and grading shall be
performed in accordance with the approved soils report.
51. All drainage facilities shall be designed to accommodate a 1 OO-year storm flow.
52. Existing storm drain OMP in Ash Street to be removed and existing culvert
abandoned in place. The storm water run-off from Ash Street is to be redirected
down Courtland Street to the Berry Gardens Drainage Basin.
WATER
53. The applicant shall connect the new 8-inch public water main in the private
streets to the existing 10-inch water main in Courtland Street and to the existing
10-inch water main in Ash Street.
54. Loop new 8-inch water main in the private street in the project site west of
Courtland Street to connect to the existing water main in Ash Street across Lot 1.
55. All new water mains shall be a minimum of 8-inch. Eliminate all dead-end 8-inch
water lines in the private driveways. Install common manifold configuration to
meters with 4-inch service lines to each parcel north of Jasmine Lane.
56. Install 4-inch water service manifiold per City of Arroyo Grande Standard
- ---. -~--~ -- ---- --~._-.__._-
RESOLUTION NO.
PAGE 14
Drawing 714-AG off new 8-inch water mains to serve Lots 5 through 34. Each
lot shall have separate 1-inch water services with 1-inch water meters for private
residential use.
57. Abandon the private well on Lot 37. Obtain "Certificate of Abandonment" from
the County of San Luis Obispo prior to final map recordation.
WASTEWATER
58. Each parcel shall be provided a separate sewer lateral.
59. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
60. All new sewer mains shall be a minimum of 8-inches.
61. The applicant shall upgrade the City sewer main as required in accordance with
the City Wastewater System Master Plan. A fee calculated baded on the
Wastewater System master Plan data can be paid in lieu of the installation of the
upgrade to the City sewer system required to serve the project.
PUBLIC UTILITIES
62. All new public utilities shall be installed as underground facilities.
63. All existing public utilities, which are onsite, and those fronting Courtland Street
and Ash Street, shall be placed underground.
64. Prior to approving any building permit within the project for occupancy, all public
utilities shall be operational.
65. All improvement plans shall be submitted to the public utility companies for
review and comment. Utility comments shall be forwarded to the Director of
Public Works for approval.
66. The Final Map shall be submitted to the public utility companies for review and
comment. Utility comments shall be forwarded to the Director of Public Works
for approval.
!
FEES AND BONDS
67. The subdivider shall enter into a subdivision agreement for the completion and
guarantee of improvements required. The subdivision agreement shall be on a
form acceptable to the City.
---~.~- -."--.-----.-
RESOLUTION NO.
PAGE 15
68. The applicant shall provide bonds or other financial security for the following:
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all subdivision
improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
69. All bonds or security shall be in a form acceptable to the City, and shall be
provided prior to recording of the map, unless noted otherwise. The minimum term
for Improvement securities shall be one year longer than the schedule for
completion of improvements described in the subdivision agreement.
70. The applicant shall furnish a certificate from the tax collector's office indicating
that there are no unpaid taxes or special assessments against the property.
71. A current preliminary title report shall be submitted to the Director of Public
Works prior to checking the map. A current subdivision guarantee shall be
submitted to the Director of Public Works prior to recording the Map.
" ---------" --_._._._~--'--- ----~-"._-_..__._--
RESOLUTION NO.
PAGE 16
MITIGATION MEASURES
A negative declaration with mitigation measures has been adopted for this project. The
following mitigation measures appropriate City department or responsible agency. The
applicant shall be responsible for verification in writing by the monitoring
department or agency that the mitigation measures have been implemented.
1. The applicant shall allocate a minimum of 25% of the increased density, or six (6) I
units, for low and moderate-income households.
Monitoring: The applicant shall build the affordable units.
Responsible Depts: Community Development and Building
Departments
Timeframe: Prior to acceptance of tract improvements for
construction
2. The applicant shall submit a grading and drainage plan indicating how the
additional runoff from the project will be accommodated by existing facilities and/or
provide on-site retention basins, to the satisfaction of the Director of Public Works.
Monitoring: Review of tract improvement and grading plans
Responsible Department: Public Works Department
Timeframe: Prior to acceptance of tract improvements for
construction
3. All new construction shall utilize fixtures and designs that minimize water usage.
Such fixtures shall include, but are not limited to, low flow showerheads, water
saving toilets, instant water heaters or hot water recirculating systems, and drip
irrigation with drought tolerant landscaping. Water conserving designs and fixtures
shall be installed prior to final occupancy for each residence.
Monitoring: Field inspection of ea~h residence
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of Certificate of Occupancy
4. All tract landscaping shall be consistent with water conservation practices including
the use of drip irrigation, mulch, gravel, bark, and native plantings. To the greatest
extent possible, lawn areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping plans
Responsible Department: Parks and Recreation Department
Timeframe: Prior to construction of tract improvements
5. The applicant shall complete measures to neutralize the estimated increase in
water demand created by the project by either:
--.-- --'.----,.---- _._.----~~-_.---_._----_._-'-_._.. -._---
RESOLUTION NO.
PAGE 17
Implement an individual water program that utilizes fixtures
and designs that minimize water usage. The calculations
shall be submitted to the Director of Public Works for review
and approval. The proposed individual water program shall
be submitted to the City for approval prior to implementation;
or,
Pay an in lieu fee.
Monitoring: Review of individual water program or payment
of the in lieu fee
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
6. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from le~ving the site. At
a minimum, this would include wetting down such areas in the later morning and
after work is completed for the day and whenever wind exceeds 15 miles per hour.
7. Soil stockpiled for more than two days shall be covered, kept moist, or treated with
soil binders to prevent dust generation.
8. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or
should maintain at least two feet of freeboard (minimum vertical distance between
top of load and top of trailer) in accordance with CVC Section 23114.
9. Install wheel washers where vehicles enter and exit unpaved roads on to streets,
or wash off trucks and equipment leaving the site.
10. Sweep streets at the end of each day if visible soil material is carried on to
adjacent paved roads. Water sweepers with reclaimed water should be used
where feasible.
For measures 6-10:
Monitoring: Review of grading and building plans and site
inspections
Responsible Department: The Public Works and Building and Fire
Departments shall inspect plans, and the
Community Development Department shall
spot check in the field
Timeframe: Prior to issuance of grading permit
11. The applicant shall pay the City's Traffic Signalization and Transportation
Facilities Impact fees prior to issuance of building permit.
--- -~--- --- ---~~---
-------
RESOLUTION NO.
PAGE 18
Monitoring: The applicant shall pay the fees
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of building permit
12. All construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
13. All construction activities shall be limited to the hours of 8:00 AM to 6:00 PM
Monday through Saturday. No construction shall occur on Sunday.
14. To the greatest extent possible, grading and/or excavation operations at portions
of the site bordering developed areas should occur during the middle of the day to
minimize the potential for disturbance of neighboring noise sensitive uses.
For measures 12-14:
Monitoring: Notes shall be placed on the construction plans
referencing the above measures.
Responsible Department: Public Works Department
Timeframe: During construction
15. Prior to issuance of building permits for each residence, the applicant/developer
shall pay the mandated school impact fee.
Monitoring: The applicant shall pay applicable school fees.
Responsible Department: Building Department
Timeframe: Prior to issuance of Building Permits for each
residence
16. The applicant shall pay the project's proportional share of the sewer impact fees.
Monitoring: The applicant shall pay the required fee.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of Building Permit
17. The following note shall be placed on the grading and improvement plans for the
Tract:
"In the event that during grading, construction or development of the
project, and archeological resources are uncovered, all work shall be
halted until the City has reviewed the resources for their significance.
If human remains (burials) are encountered, the County Coroner
(781-4513) shall be contacted immediately. The applicant may be
required to provide archaeological studies and/or mitigation
measures."
I
~---- ----- -------------- - - ,---,,-- --._- ._-,~~---- )
I.c.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public Hearing
on the following item:
PROJECT: Final Environmental Impact Report (FEIR) for Conditional Use Permit 01-001 and
Vesting Tentative Tract Map 01-002
LOCATION: Northwest corner of East Branch Street and Crown Terrace
PROPOSAL: The City Council will review the Final Environmental Impact Report (FEIR) for a
Conditional Use Permit and Tentative Tract Map to develop a commercial retail,
office and residential complex consisting of approximately 37,000 square feet and
reconfigure the 37 underlying lots into five (5) parcels. The project site is
approximately 3.5 acres'in size. The applicant intends to retain and enhance the
existing office building, relocate the Loomis residences off the project site and
remove the E.C. Loomis & Son Feed Store. All of the proposed structures will be
linked with a network of pedestrian paths and deck areas. The architectural style
is intended to reflect the historic Village theme of Arroyo Grande. The EIR.
addresses the proposed project's potential impacts on aesthetics/visual quality, air
quality, biological resources, cultural and historical resources, geology and soils,
hazardous materials, hydrology and water quality, land use, noise, public services
and utilities, traffic and access, and water supply and wastewater. The EIR also
considers several project alternatives.'
APPLICANT: Richard DeBlauw
Any person affected or concerned by this application may submit written comments to the Community
Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal business
hours (8:00 a.m. to 5:00 p.m.) before the City Council hearing, or appear and be heard in support of or
opposition to the project and the environmental impacts at the time of hearing. The project application is
available for public inspection at the above address.
If you challenge an item in court, you may be limited to raising only those issues you or someone else
raised at the public hearing described in this notice, or in written correspondence delivered to the City
Council at, or prior to, the public hearing.
Failure of any person to receive the notice shall not constitute grounds for any court to invalidate the
action of the legislative body for which the notice was given.
Date and Time of Hearing: Tuesday, June 10, 2003, 7:00 p.m.
Place of Hearing: Arroyo Grande City Council Chambers
215 East Branch Street
Arroyo Grande, CA 93420
~ o.iPUUU1.9-
Kelly etm re
Director of Administrative Services/Deputy City Clerk
Publish 1T, Friday, June 10,2003
I
i
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR~ ;
BY: r KELLY HEFFERNON, ASSOCIATE PLANNER
SUBJECT. CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT (FEIR)
FOR CONDITIONAL USE PERMIT NO. 01-001 AND VESTING TENTATIVE
TRACT MAP NO. 01-002 (CREEKSIDE CENTER)
DATE: JUNE 10, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached resolution certifying the Final
Environmental Impact Report (FEIR) prepared for Conditional Use Permit 01-001 and
Vesting Tentative Tract Map 01-002 (the "project") as adequate and complete pursuant to
the requirements of the California Environmental Quality Act (CEQA).
FUNDING:
N() financial impact to the City.
DISCUSSION:
Proiect Description
The proposed Creekside Center project is to
develop a retail commercial, office and
residential complex at 415 East Branch Street
on the former Loomis property at the east
edge of the Village. The project would involve
construction of 37,000 square feet of retail,
office and residential space in five separate
one and two story buildings and reconfigure 37
existing lots into five parcels comprising the
3.5-acre site. The project proposes to retain
and remodel an existing office building,
relocate two former Loomis residences, and
remove the E. C. Loomis and Son Feed Store.
BackQround
During the initial studies for environmental determination, the City received two conflicting
opinions from qualified historic consultants concerning the historic significance of the two
residences and farm supply store building. In accordance with the California Environmental
CITY COUNCIL
CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR CONDITIONAL USE
PERMIT NO. 01-001 AND VESTING TENTATIVE TRACT MAP NO. 01-002 (CREEKSIDE CENTER)
JUNE 10, 2003
PAGE 2
Quality Act (CEQA) Guidelines Section 1506(f)(1), the City required an Environmental
Impact Report (EIR) to address primarily the historic significance, but also traffic, biological,
drainage and flood control, aesthetics, noise and other potential impact issues associated
with the development. This environmental determination was made on August 21, 2001.
The City issued a Notice of Preparation (NOP) of an EIR in September 2001, and
distributed a Request for Proposal (RFP) the following month that produced nine (9)
responses from qualified EIR consultants, several including separate historic consultant
subcontractors. After interviewing the top four (4) firms that staff determined to have the
best proposals, the City selected a preferred EIR firm, negotiated certain work scope
clarifications and revisions, and conferred with the applicant regarding potential contract
cost. The preferred consultant's proposal was submitted by Denise Duffy and Associates
(DD&A) of Monterey, California and the City C()unciI approved the contract on January 22,
2002.
The table below summarizes the history for the project to date.
Creekside Center Project Timeline
January 3, 2001 Applicant submitted applications for Conditional Use
Permit 01-001 and Vesting Tentative Tract Map 01-002
January 10,2001 CUP 01-001 deemed complete
May 10, 2001 VTTM 01-002 deemed complete
May 22, 2001 Staff Advisory Committee (SAC) meeting
June 4, 2001 Architectural Review Committee (ARC) meeting
July 20, 2001 "Historic Resources Peer Review of the Loomis
Properties" submitted by San Buenaventura Research
Associates
August 21, 2001 Letter sent to applicant regarding environmental
determination that an EIR must be prepared
September 2001 Notice of Preparation (NOP) was filed with the State
Clearinghouse and assigned the EIR the State I
Clearinghouse Number 2001091085
October 16, 2001 Request for Proposals (RFP) to prepare an EIR sent out I
to consulting firms
January 22, 2002 Council approved contract for DD&A to prepare EIR
April 2, 2002 Kickoff meeting for EIR
September 24, 2002 Council approved contract addendum to include f
additional traffic and circulation analysis and hazardous
materials analysis
January 28, 2003 Notice of Completion (NOC)
March 31, 2003 Public review period ended
April 29, 2003 Distribution of the Final EIR
CITY COUNCIL
CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR CONDITIONAL USE
PERMIT NO. 01-001 AND VESTING TENTATIVE TRACT MAP NO. 01-002 (CREEKSIDE CENTER)
JUNE 10, 2003
PAGE 3
CEQA Review
The purpose of the EIR is to identify potential environmental impacts, inform decision-
makers of the potential impacts, and make recommendations to mitigate the potential
impacts. CEQA requires that the decision-making body for the project must certify that the
CEQA process has been completed, and that significant environmental impacts created by
the project have been mitigated where feasible, before approving the project. The Planning
Commission's role is to make a recommendation to the City Council on the adequacy of the
environmental document in meeting the CEQA requirements.
The 45-day public review and comment period for the Draft EIR started on January 28,
2003 and was extended to March 31, 2003 to allow time for additional public comments to
be submitted. The Final EIR consists of the written comments submitted on the Draft EIR,
responses to those comments, and corresponding amendments to the EIR as appropriate.
If a Final EIR concludes that a project would have a significant impact on the environment
that cannot be mitigated to a less than significant level, the project cannot be approved
unless the City Council adopts a "Statement of Overriding Considerations." This
Statement, which must be supported by substantial evidence in the record, would
document the benefits of the project considered by the City Council to override its impact
on the environment. What constitutes the threshold of significance for an environmental
impact is somewhat discretionary, and must be determined by the body that certifies an
EIR.
Proiect EIR Review
All of the impacts identified within the EIR document were determined to be less-than-
significant or mitigable to a less-than-significant level, with the exception of the impacts to
cultural resources. These Class I impacts are listed below:
Impact 4.4-1: The proposed project includes demolition of the main. house, which
appears eligible for listing in the California Register resulting in a physical destruction of, or
damage to, all or part of an historical resource.
Impact 4.4004: The proposed project would result in the loss of the grain warehouse, I
which is an important feature of the setting of the main house. The magnolia tree and
Branch Street would remain in situ, however, their relationship to the main house would be ,
I
lost due to demolition of the main house resulting in a change of the character of a
historical resource's use or of physical features within the historical resource's setting that I
contribute to its historic significance. [
Impact 4.4-5: The proposed project would introduce 31,000 square feet of new
residential and commercial uses on the 3.5 acre project site, without maintaining the main
house or its relationship to its setting resulting in introduction of visual, atmospheric or
audible elements that diminish the integrity of a historical resource's significant historic
features.
CITY COUNCIL
CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR CONDITIONAL USE
PERMIT NO. 01-001 AND VESTING TENTATIVE TRACT MAP NO. 01-002 (CREEKSIDE CENTER)
JUNE 10, 2003
PAGE 4
Section 6.0 of the EIR identifies and discusses several alternatives to the proposed project.
The environmentally superior alternatives identified in this section, other than the "no
project alternative", include Alternative 2 (Loomis residence retained in existing location),
and Alternative 3 (Loomis residence retained within present site context). Both of these
alternatives would require project redesign and resubmittal.
If the project were approved as submitted, CEQA requires that the City Council adopt a
Statement of Overriding Considerations. Since the "project" is not being considered for
approval at this time, deliberations on overriding considerations are not necessary.
Planning Commission Recommendation
The Planning Commission discussed the FEIR on May 6, 2003 (Attachment 1). After public
hearing and discussion, the Planning Commission adopted a resolution recommending that
the City Council certify the completion of the FEIR with the following mitigation measure
added:
The project alternatives shall provide for the adaptive re-use and rehabilitation of
the main house and grain warehouse through repair alterations and additions,
while preserving those portions and features which convey its historical, cultural
and architectural values.
The consultant has provided revisions to Section 6.0 of the FEIR entitled Project
Alternatives to include this added mitigation measure (reference Attachment 2).
Consideration and Certification of a Final EI R
CEQA requires that the decision-making body certify that the following circumstances exist !
prior to approving a project:
I
. The Final EIR has been completed in compliance with CEQA;
. The Final EIR was reviewed and considered by the decision-making body; and
. The Final EIR represents the Lead Agency's independent judgment and analysis.
I
If the FEIR is certified, the project will be reviewed by the Planning Commission and City [
i
Council along with a mitigation monitoring program and a submittal of CEQA required ,
findings for each class one and class two impact per CEQA Section 15091. Certifying the
FEIR for the project does not predispose the decision-making body to approve the project.
____.--o ____.___
CITY COUNCIL
CONSIDERATION OF FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR CONDITIONAL USE
PERMIT NO. 01-001 AND VESTING TENTATIVE TRACT MAP NO. 01-002 (CREEKSIDE CENTER)
JUNE 10, 2003
PAGE 5
AL TERNA TIVES:
The following alternatives are presented for City Council consideration:
1. Find that the FEIR is in compliance with CEQA and adopt the resolution to certify the
FEIR; or
2. Find that the FEIR is not in compliance with CEQA and do not certify the FEIR and
direct staff to revise portions of the FEIR, re-circulate, and return to the City Council
for consideration of the revised FEIR.
Attachments:
1. Planning Commission Meeting Minutes of May 6, 2003
2. Revised Section 6.0 of the FEIR entitled "Project Alternatives"
-----.','._------- -,------- -- ---"-'-" .... -.------,--.---'
---
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE CERTIFYING THE COMPLETION
OF AND MAKE FINDINGS AS TO THE FINAL
ENVIRONMENTAL IMPACT REPORT PREPARED FOR
CONDITIONAL USE PERMIT NO. 01-001 AND VESTING
TENTATIVE TRACT MAP 01-002 (CREEKSIDE CENTER
PROJECT)
WHEREAS, a Final Environmental Impact Report (the "EIR") for Conditional Use Permit
01-001 and Vesting Tentative Tract Map 01-002 (CUP 01-001 and VTTM 01-002,
hereinafter referred to as the "Project"), was prepared by Denise Duffy & Associates,
Inc. (the "Consultant") for the City of Arroyo Grande (the "City") pursuant to the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.),
the Guidelines for Implementation of the California Environmental Quality Act (14 Cal.
Code Regs. Section 15000 et seq., hereinafter the " CEQA Guidelines") and local
procedures adopted by the City pursuant thereto; and
WHEREAS, copies of the Draft EIR were distributed to the State Clearinghouse and to
those public agencies which have jurisdiction by law with respect to the Project and to
other interested persons and agencies, and the comments of such persons and
agencies were sought; and
WHEREAS, the Draft EIR was thereafter revised and supplemented to adopt changes
suggested and to incorporate comments received and the City's response to said
comments, and as so revised and supplemented, a Final EIR was prepared and
submitted to the City Council of the City of Arroyo Grande for review and consideration;
and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
May 6, 2003 to consider the Project and the Final EIR relating thereto, whereby and all
interested persons expressing a desire to comment thereon or object thereto having
been heard, and said Final EIR and all comments and responses thereto having been
considered; and
WHEREAS, a duly noticed public hearing was held by the City Council on June 10,
2003 to consider the Project and the Final EIR relating thereto, whereby and all
interested persons expressing a desire to comment thereon. or object thereto having
been heard, and said Final EIR and all comments and responses thereto having been
considered; and
WHEREAS, the Final EIR consists of the Draft EIR, as revised and supplemented,
incorporating all comments received and the response of the City as of the date hereof.
RESOLUTION NO.
PAGE 2
NOW, THEREFORE, the City Council ofthe City of Arroyo Grande resolves as follows:
Section 1. The City Council has independently reviewed and analyzed the Final EIR
and considered the information contained therein and all comments, written and oral,
received at the public hearing on the Final EIR prior to adopting this Resolution.
Section 2. The City Council hereby certifies that the Final EIR for the Project has been
completed in compliance with. the California Environmental Quality Act (GEQA), the
State CEQA Guidelines and local procedures adopted by the City pursuant thereto. The
City Council further finds that the Final EIR reflects the independent judgment and
analysis of the City Council, as required by Public Resources Code Section 21082.1
and Section 15090 of the CEQA Guidelines.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of June 2003.
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
MINUTES A TT ACHMENT 1 PAGE 4
PLANNING COMMISSION
MAY 6, 2003
PUBLIC HEARING ITEM II.B. - FINAL ENVIRONMENTAL IMPACT REPORT (FEIR) FOR
CONDITIONAL USE PERMIT CASE NO. 01-001 AND VESTING TENTATIVE TRACT
MAP CASE NO. 01-002; APPLICANT - RICHARD DEBLAUW; LOCATION - 415 EAST
BRANCH STREET. Staff report prepared and presented by Kelly Heffernon.
The Planning Commission reviewed the Final Environmental Impact Report (FEIR)
prepared to evaluate the environmental impacts associated with the proposed mixed-use
project and lot reconfiguration.
Ms. Heffernon gave a brief overview, stating that the EIR was focused on the impact to
potentially historic resources located on the Loomis property. She stated that the project
included remodeling of the existing office building, relocation of the two existing residences,
removing the Loomis feed store and eventually constructing approximately 37,000 square
feet of retail office and residential space in five separate buildings. Ms. Heffernon further
stated that CEOA requires review of the EIR before considering and acting on the project
and that Council would make the final decision regarding the FEIR certification of the
project.
Alison Imamura, Planning Manager, Denise Duffy & Associates, Inc., gave a power point
presentation and a summary of the EIR. Ms. Imamura gave a correction to Ms. Heffemon's
report stating that the proposed project at the time of the Draft EIR did not include relocation
of the two houses on the site, but evaluated demolition of the two houses including the other
structures, but not the office building. However, in the alternatives analysis the relocation of
the residences was evaluated.
Robert Chattel, Chattel Architecture, Planning Preservation, showed slides, described the
criteria for what is an historical resource under CEQA, and explained that determining the
significance of a resource is based upon evaluation of the properties significance and
whether or not it retains it's integrity. He explained the four basic criteria as:
. Significance derived from association with an event or pattern of events.
. Association with an important person.
. An important work of architecture.
. A resource that is significant for its archeological association.
Mr. Chattel stated that "integrity" is one of the most misunderstood criteria. The California
Register has a standard somewhat less than the national standard for integrity. He
explained that there were four potentially significant buildings on the site:
. The grain warehouse: It is their professional judgment that the building lacks
integrity from any historical period.
. Secondary residence: The building has had numerous alterations and does not
reflect any significant historical period and therefore lacks integrity.
. Primary house: The house has had some alterations, but retains sufficient integrity
for the period 1910 - 1937 when it was associated with E.C. Loomis.
In conclusion, Mr. Chattel said the goal was to reduce significant unavoidable impacts to a
less than significant level, encourage the applicant to develop alternatives, and in addition,
they added an alternative. He further stated that the basic impacts are material alterations
-
-
MINUTES PAGE 5
PLANNING COMMISSION
MAY 6, 2003
or demolition. Relocation often has a significant. impact on an historic resource, but can be
done in conformance with the required standards and guidance on moving historic
buildings. He then described the three unmitigable impacts identified, and the alternatives
proposed.
In reply to a question from Commissioner Brown, Mr. Chattel clarified that although the
grain warehouse has lost its integrity because of it's location to the main house, it becomes
a significant unavoidable impact because it is a loss to the setting.
Mr. Chattel clarified alternatives 2 and 3 for Commissioner Keen.
In reply to a question from Commissioner Arnold, Mr. Chattel said the initial application for
listing in the California Historic Register was withdrawn by the applicant and a second
application received by the Office of Historic Preservation was also withdrawn by the
applicant.
Commissioner Guthrie asked for details on the alterations to the secondary residence which
destroyed its integrity. Mr. Chattel gave some history on the . alterations, stating that there
are no building permits and no records, but configuration of interior alterations has caused a
loss of physical character and therefore a loss of substantial integrity. Alternative 3 includes
a mitigation meaSure that would reduce impact by redesigning Building B to be in
conformance with the standards as they relate to the setting of the main house.
Commissioner Keen stated that he had heard that the main house was the hotel and faced
the railroad before the feed building was built. Mr. Chattel said they determine the facts by
careful review of historic photographs to prepare chronology and he did not believe the
house was ever relocated or that it was a hotel, but it could have been used for room
rentals.
Chair Guthrie opened the hearing to the public.
Scott Wachenheim, Vice Chairman, Preserve the Village, stated he did not withdraw the
application to the State Register for the first meeting in August, but the application was
opposed by the developers and Mitch Stone's report was not completed. The Office of
Historic Preservation requested that the Commission postpone the decision until the report
was received. The second time the application was withdrawn because Mr. Strong advised
deferring going through the process until the EIR was completed.
Mr. Wachenheim then stated that he would be addressing only the final EIR; there were a
lot of improvements over the Draft EIR; there were some good additions and historical
information. He further stated that the consultant had answered most of the questions
raised in their comments on the Final EIR, but there were four questions he considered had
not been answered adequately and he would like further discussion on these questions. He
then presented the Planning Commission a memo detailing the questions in addition to
other concerns on the DEIR and the FEIR.
Joe Boud, Joseph Boud & Associates, Design Planning firm, stated the chronology in staff
report does not fully describe the meetings attended by the applicant and he listed the
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meetings; he did not agree with all the conclusions in the FEIR, although he thought it a
very comprehensive document. He commented on two areas in the document:
1. The Town Center project was a Loomis partnership application that went through an
EIR before being withdrawn.
2. He further explained the objectives of the project.
Mr. Boud said Page 37, of the FEIR, "Period of Significance from 1910 - 1937, should be
corrected to 1910 - 1927. He then restated some of his concerns regarding comments on
references to design, color and materials, the sense of fit, the metal buildings across the
street and their historical significance. In conclusion, he stated that the possibility of reusing
and remodeling the existing buildings under today's code was not realistic.
Mr. Boud went over all the suggested Alternatives stating that only Alternative 3 was
acceptable. He then submitted copies of letters from E.C. Loomis & Son, Arroyo Grande
Village Improvement Association, and the Arroyo Grande Valley Chamber of Commerce in
support of the project. In conclusion, he stated that economic benefits should prove to be
substantial and many potential tenants had expressed interest in this project.
Ms. Imamura responded to comments by stating that the FEIR will include all information
submitted to the City and is considered part of the EIR and would add to the basis for
certification of the EIR.
Mr. Chattel responded to the concerns addressed in the comments by Mr. Wachenheim:
Question #6: Loss of integrity for the grain warehouse - he clarified that this was whether
"a historical contemporary would. recognize it". The alternations that were made to the grain
warehouse give it a false sense of history. The board and batten having been added at a
later date is particularly problematic.
Question #7: Relates to the relevant aspects of integrity as described by the National
Register, which means that even if a property is physically intact it's integrity is questionable
if it's significant features are concealed under modern construction (the board and batten
siding causes this substantial loss of integrity and it does not appear eligible for the
California Register.
Question #10: Reconstruction of the warehouse - this is not eligible for listing in the CA
Register as it has lost its impact as a setting, except as an impact for the setting of the main
house.
Question # 11: It was their professional opinion that a new building of similar mass and
scale to the original 1910 grain warehouse would still evoke the relationship between the
main house and the grain warehouse and would have a less than significant impact on the
setting of the main house. He then addressed the other concerns and comments on the
FEIR as contained in the memo from Mr. Wachenheim.
Chair Guthrie closed the public hearing.
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Commissioner Brown said he appreciated and respected the work of the consultant and had
discussed with Mr. DeBlauw, owner of the property, the frustrations he was experiencing
with the project. Commissioner Brown then read from a list of prepared comments and
stated the main issue he had was with the EIR discussion of cultural resources and the
mitigations proposed if those resources are lost. In conclusion Commissioner Brown stated,
"In my conversations with people in the community as well as the EIR much has been made
regarding whether or not the integrity of the buildings have been maintained over time.
While the buildings have changed over the years they still provide continuity with the past.
The integrity has be~n maintained through location, setting and association with the Loomis
family. These buildings would not invoke such outcry from the community if they did not
have these connections to Arroyo Grande history".
Commissioner Brown then proposed an amendment to mitigation 4.4.a.
Commissioner Keen agreed with Commissioner Brown on the fine and outstanding that
had been done on addressing the concerns; he did not know if he agreed with the concept
that the grain warehouse was an historical building, but he agreed that the main house
probably was. In conclusion, he stated that the document addresses all the concerns it was
meant to do so he could agree with certifying the EIR. I
Commissioner Arnold commented th~t the document was very thorough and he had learned
a lot about the history of the area from it. The grain facility seems to be the larger concern
of most people. He agreed with Commissioner Brown on the need for the amendment to
the mitigation and if this were added to the FEIRhe could certify the EIR.
Chair Guthrie agreed with the other Commissioners that the EIR was a very complete
document, he liked the way the alternatives were worked out and that the mitigations were
adequate and had no trouble with including Commissioner Brown's amendment; he would
have no trouble with certifying the EIR.
Commissioner Brown made a motion, seconded by Commissioner Arnold to recommend
that the City Council certify the completion of and make findings as to the Final
Environmental Impact Report prepared for Conditional Use Permit 01-001 and Vesting
Tentative Tract Map 01-002 (Creekside Center Project) with an amendment to add the
following mitigation measure:
The project alternatives shall provide for the adaptive re-use and
rehabilitation of the main house and grain warehouse through repair
alterations and additions while preserving those portions and features which
convey its historical, cultural and architectural values.
Mr. Chattel said as long as this is a separate mitigation measure and not an amendment
they could work with the language.
Commissioner Keen asked if this mitigation measure was a possibility or a requirement?
Chair Guthrie clarified that the mitigation measure would leave open the possibility that the
warehouse would be reused instead of rebuilt.
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Commissioner Brown said it was his recommendation that it be an added mitigation.
The motion was approved on the following roll call:
AYES: Commissioners Brown, Arnold and Chair Guthrie
NOES: Commissioner Keen
ABSENT: Commissioner Fowler
PUBLIC HEARING ITEM: GENERAL PLAN AMENDMENT CASE NO. 02..002,
DEVELOPMENT CODE AMENDMENT CASE NO. 02..004, SPECIFIC PLAN
AMENDMENT CASE NO. 02..001, PLANNED UNIT DEVELOPMENT CASE NO. 02..004
AND TENTATIVE TRACT MAP CASE NO. 02..001 (JASMINE PLACE); APPLICANT -
JOHN MACK, S & S HOMES; LOCATION - NORTHEAST AND NORTHWEST
CORNERS OF THE ASH STREET/COURTLAND STREET INTERSECTION (SUB-AREA
2 OF THE BERRY GARDENS SPECIFIC PLAN. Staff report prepared and presented by
Kelly Heffernon, Associate Planner.
The Planning Commission reviewed the General Plan Amendment, Development Code
Amendment, Specific Plan Amendment' Planned Unit Development and Tentative Tract
Map to subdivide a 5.23-acre site into 47 residential lots ranging in size from 3,128 square
feet to 7,409 square feet and provide one 23,522 square foot open space lot for passive
recreational purposes.
Ms. Heffernon said the Planning Commission reviewed the project on March 4, 2003 and
had recommended Council consideration on several policy related issues prior to taking
formal action on the project. After further consideration it was determined that Planning
Commission action on all five applications would be a more coherent approach and would
simplify an otherwise complicated project. She then gave a recap on the previous meeting
and a brief project description.
Chair Guthrie opened the public hearing.
John Mack, Architect - S & S Homes, displayed presentation boards of the project design
and showed color palettes of some new looks. He then addressed some of the concerns
from the prior meeting:
. Homeowner's Assn: The City Manager and City Attorney were reviewing a maintenance
agreement for the park and open spaces.
. Drainage: The Berry Gardens drainage basin would be satisfying all the drainage
requirements.for this project so there will be no need for an onsite drainage basin.
. In reference to the above Mr; Mack requested that a modification be made to the r
resolution on Page 15, Condition of Approval No. 51, the following language added "with
all runoff to be directed to the Berry Gardens basin".
. Request for more architectural diversity: The roof styles now have more architectural
interest and four different colors. In addition, the 26 buildings now have four different
color schemes and four different building types giving much more variety.
Mr. Mack then described the architectural styles; the open space park fenced off to
separate pedestrians and pedestrian circulation to Ash Street and said there is twice as
A TT ACHMENT 2
16.0 PROJECT AL TERNA TIVES I
6.1 INTRODUCTION
This section evaluates alternatives to the proposed project as required by CEQA. CEOA
guidelines ~15126(d) require the consideration of a range of reasonable altematives to the
proposed plan which could feasibly obtain the objectives of the proposed project. The
Guidelines further require that the discussion focus on alternatives capable of eliminating
significant adverse impacts of the project, or reducing them to a level of insignificance, even if
these alternatives would not fully attain the project objectives or would be more costly. The
discussion should also identify any significant effects that may result from a given altemative.
In compliance with CEOA, this section discusses the No Project alternative as well as other
alternatives and compares them to the proposed project. Through a comparative analysis of the
environmental impacts and merits of the alternatives, this section is focused on those
alternatives capable of eliminating significant adverse environmental impacts of the project, or
reducing them to a less-than-significant level.
According to CEQA guidelines, the range of alternatives required in an EIR is governed by the
"rule of reason" that requires an EIR to set forth only those alternatives necessary to permit a
reasoned choice. An EIR need not consider an alternative whose effect cannot be reasonably
ascertained and whose implementation is remote and speculative.
6.2 PROJECT OBJECTIVES !
As described in Section 3.0 Project Description of this EIR, the project objectives are: I
. Replace an underutilized, blighted downtown core property containing heavy commercial I
use with a much needed commercial and office space mixed-use development; I
. Removal of dilapidated structures and non-conforming land uses and replace with village i
core compatible ones; f
. Development of a commercial anchor at the east end of the Village (another complex
anchors the west end) thereby creating an ideal community design/pedestrian oriented
scale for the commercial core;
. Removal of some structures within the creek area and creation of a park area within the
creek setback along Tally Ho Creek;
. Extension of City's creek pedestrian "greenway" and bicycle pathway linkages;
. Develop a complex in the style, scale and massing which implements the Historic District
Guidelines for development in the Village Core; and
. Create functional internal circulation serving a series of detached landscaped parking
areas.
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6.3 SUMMARY OF SIGNIFICANT UNAVOIDABLE IMPACTS
According to CEOA, an alternatives analysis is intended to focus on eliminating or reducing in
significance those project impacts identified in an EIR as significant and unavoidable. All
impacts identified were determined to be less-than-significant or mitigable to a less-than-
significant level, with the exception of the impacts to cultural resources.
There are three cultural resources impacts identified as significant and unavoidable. Impact
4.4-1 pertains to the physical destruction of, or damage to, all or part of a historical resource;
Impact 4.4-4 would cause a change in character of a historical resource's use or of physical
features within the historical resource's setting; Impact 4.4-5 would introduce visual,
atmospheric or audible elements that diminish the integrity of a historical resource's significant
historic features. These impacts pertain to the proposed demolition of the main Loomis
residence, which appears eligible for listing in the California Register. In addition to demolition
of the house itself, the relationship between it and other features of the site would be lost.
6.4 ALTERNATIVES ANALYSIS
According to the State CEOA Guidelines, the alternatives required in an EIR are governed by
the "rule of reason" that requires the EIR to set forth only those alternatives necessary to permit
a reasoned choice. The primary focus of the alternatives section is to eliminate or reduce
significant impacts, while also feasibly attaining the project objectives.
The alternatives selected for consideration in this EIR focus on avoidance of unavoidable
adverse impacts. These alternatives, and their comparative merits, are described in detail
below. An analysis of the impacts to historical resources is summarized in Table 6-1. The table
provides a comparison of alternatives, an evaluation of impacts, and assigns level of
significance with implementation of mitigation measures. Mitigation Measure 4.4-A, detailed in
Section 4.4 as mitigation for the proposed project, will apply to these alternatives. Additionally,
I the following mitigation measure for design review of proposed alternatives will reduce impacts
to historical resources.
4.4-B2 The Community Development Director shall ensure the proposed project alternative is
reviewed through design development and construction documents phases for
conformance with the "Village Commercial District Guidelines" and the "Guidelines for
the Village Commercial District," as well as the Secretary's Rehabilitation Standards and
Guidf;Jlines. The project site is located in an area of transition from formal, commercial to
simple, rural style, found along the eastern and western edges of the commercial core.
The proposed project design shall emphasize these transitional and agrarian features,
which are reflected in the "existing design elements." These features include barn-like I
building envelopes with gable roofs and horizontal or vertical cladding.
As part of their established responsibilities, the Architectural Advisory Committee shall
conduct their own, parallel review for consistency with the "Village Commercial District
Guidelines" and the "Guidelines for the Village Commercial District," and the Secretary's
Rehabilitation standards and Guidelines as well. Alternatively, if the City did not have
these design review mechanisms in place, in conjunction with qualified Architectural
Advisory Committee members to review the project, or if the Community Development
Director requires additional professional review, the City shall engage an outside
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preservation architect meeting the Secretary of the Interior's Professional Qualifications
Standards in historic architecture to review the project for consistency with the
Secretary's Rehabilitation Standards and Guidelines and Moving Historic Buildings.
Generally, under CEQA, a project that complies with the Secretary's Rehabilitation
Standards and Guidelines would have a less than significant impact on the environment.
Adaptive use of the main house for use other than single family residential may be
considered appropriate and could be consistent with Secretary's Rehabilitation
Standards and Guidelines. While identification of appropriate use is the first step in a
conformant project, the goal is to minimize harm to the character-defining features of the
resource, which is outside the scope of the current review.
No building permit for the project shall be issued for the project until the final design has
been reviewed and found to be consistent with Secretary's Rehabilitation standards and
Guidelines in accordance with the process described above.
Alternative 1: The No Project Alternative
Description
This alternative is required by CEQA, and assumes that the proposed project would not be
approved, the General Plan land use designations for the site would not change, and no
construction would take place. The No Project Alternative assumes that all existing structures
and uses would stay the same as currently exist.
. Environmental Impacts
The No Project Alternative would avoid the anticipated environmental impacts associated with
the proposed project. The significant and unavoidable impact from the removal of an historic
resource would not occur. This alternative would not generate additional traffic to the site, nor
would it cause an increase in air pollution emissions or noise. The No Project Alternative would
not create any new conflicts with surrounding land uses. No mitigation would be required for
this alternative.
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Ability to Meet Project Objectives
While the No Project Alternative is environmentally superior to the proposed project, it does not
meet any of the objectives of the project. The blighted condition of the property would stay the
same, and the existing non-conforming uses would not be removed. With this alternative, Tally
Ho Creek would not undergo restoration, and there would be no addition of pedestrian and
visitor-serving uses.
Alternative 2: Loomis Residence Retained in Existing Location
Description
This alternative retains the potentially significant main Loomis residence and the magnolia tree
in their precise existing locations. The house and tree would also maintain their current
relationship to the original 1910 existing grain warehouse building envelope and to East Branch I
Street. This alternative also proposes a different arrangement of new buildings in order to
provide adequate parking and still meet the project objectives for the addition of needed
commercial and office uses. The proposed site plan for Alternative 2 is shown in Figure 6-1.
Environmental Impacts
This alternative allows for the retention of the potential historic resource on the site (and in its
present location), thus eliminating the significant unavoidable impacts. As stated in Table 6-1,
impacts to cultural resources W'Ould be less-than-significant with implementation of mitigation
measures 4.4-A-aRGJ. 4.4-B2, and the following additional mitigation measure for design review:
the impacts to cultural resources '::ould be less than significant.
4.4-C The Community Development Director shall ensure the qrain warehouse is reviewed I
throuqh desiqn development and construction documents phases for conformance with
the Secretary's Rehabilitation Standards and Guidelines.
As part of their established responsibilities, the Architectural Advisory Committee shall
conduct their own, parallel review for consistency with the Secretary's Rehabilitation
Standards and Guidelines. Alternatively, if the City did not have these desiqn review
mechanisms in place, in conjunction with Qualified Architectural Advisory Committee
members to review the proiect, or if the Community Development Director requires
additional professional review , the City shall enqaqe an outside preservation architect
meeting the Secretary of the Interior's Professional Qualifications Standards in historic
architecture to review the rehabilitation of the qrain warehouse for consistency with the
Secretary's Rehabilitation Standards and Guidelines.
No building permit for the alternative shall be issued until the final desiqn for the grain
warehouse has been reviewed and found to be consistent with Secretary's Rehabilitation
Standards and Guidelines in accordance with the process described above.
All other identified significant impacts for the proposed project would remain with
implementation of this alternative; however, the project density would be slightly reduced,
therefore, impacts would be incrementally reduced. It is anticipated that all mitigation measures
required for the proposed project would also be necessary for this project to reduce
environmental impacts to a less-than-significant level.
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Ability to Meet Project Objectives
Alternative 2 involves the reconfiguration of the proposed new buildings compared to the
proposed project. This adjustment would cause the reduction of available parking spaces
from109 (proposed project) to 80. The Village Core district requires one parking space per 300
square feet of gross floor area of commercial or office building space. Using this calculation,
Alternative 2 would. only allow a maximum of 24,000 square feet, which is a reduction of
approximately 25% from the proposed project. According to the City's Community Development
Department, this differential is sufficient in magnitude to justify potential concerns of economic
feasibility. In addition, the parking spaces allowed by the configuration of buildings proposed in
Alternative 2 would be particularly inconvenient for Buildings A and C. See letter from Rob
Strong, Community Development Director, in Appendix I for more detail on this conclusion.
Alternative 2 would still meet the project objectives, though possibly not to the same extent as
the proposed project due to the necessary reduction in square footage of commercial and office
space. Also, this reduction in scale could cause the project to be economically infeasible.
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Alternative 3: Loomis Residence Retained Within Present Site Context
Description
The main component of this alternative is the retention of the main Loomis residence, with a
minor relocation. The house would be moved slightly east from its existing location, to allow for
planned Building A parking and to enable the entrance driveway to function properly. This
project design would also incorporate a new foundation and new utility connections to the
house. In conjunction, the design of Building B would be changed to accommodate re-siting the
main house. Building B would be reduced by 950 tf, and would occupy a similar footprint to the
existing warehouse. The relationship of the building would also remain the same as that of the
warehouse to the main Loomis residence. Likewise, this alternative allows the residence to
retain a similar relationship to the existing vegetation (Le., the magnolia tree) and to Branch
Street. The proposed site plan for Alternative 3 is shown in Figure 6-2.
Environmental Impacts
As shown in Table 6-1, the significant unavoidable impacts of demolishing the potentially
historic main Loomis residence are reduced to a less-than-significant level with Alternative 3.
With implementation of the recommended mitigation measures, all impacts to cultural resources
would be reduced to a less-than-significant level.
All other environmental impacts for this alternative would essentially be the same (although
slightly reduced in severity) as the proposed project and mitigation measures required in this
EIR to reduce significant impacts to a less-than-significant level would be applicable to this
project.
Ability to Meet Project Objectives
Alternative 3 would require the scale of the project to be reduced slightly (loss of 950 square
feet) due to the redesign of Building B. This reduction of commercial and/or office space would
not likely impact the project to the extent of making it economically infeasible. Therefore,
Alternative 3 would meet the basic project objectives as well as reduce the significant cultural
resources impacts to a less-than-significance level.
Alternative 4: Loomis Residence Relocated With Same Relationship to Branch Street
Description
Alternative 4 retains the same configuration of proposed new buildings as the proposed project,
but retains the Loomis residence. In this design, the residence would be moved to the southeast
corner of the project site, at the corner of Crown Street and Crow,n Terrace. This project design
would incorporate a new foundation and new utility connections to the house. The Loomis
residence would keep its original orientation to the surrounding roads, facing south, and would
be re-Iandscaped similar to the existing conditions. The proposed site plan for Alternative 4 is
shown in Figure 6-3.
This relocation of the Loomis residence is not disruptive to the original project design, allowing
the same proposed building configuration and square footage. It would however, reduce the
available area for parking. Alternative 4 would reduce the total number of parking spaces for
the project to 101.
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Environmental Impacts
As shown in Table 6-1, the significant unavoidable impacts of demolishing the potentially
historic main Loomis residence are reduced to a less-than-significant level with Alternative 4. -
This alternative, however, does not eliminate the significant unavoidable impact from the
relocation of the building not being in conformance with the Secretary's Rehabilitation Standards
and Guidelines. Likewise, the impact from the change in setting is not reduced, due to the loss
of the relationship between the house and other site elements. All other environmental impacts
for this alternative would be identical to the proposed project.
Ability to Meet Project Objectives
This alternative would allow all project objectives to be met, including the originally proposed
scale of the project.
Alternative 5: Loomis Residence Relocated to Northwestern Corner of Site
Description
This alternative also relocates the Loomis residence from its original location, but to the
northwestern corner of the site, at the corner of Crown Terrace and Le Point Street. Again, the
house would retain its south-facing orientation. As with the previous alternatives, this project
design would incorporate a new foundation and new utility connections to the house, as well as
landscaping similar to the existing conditions. The proposed site plan for Alternative 5 is shown
in Figure 6-4.
This relocation of the Loomis residence is not disruptive to the original project design, allowing
the same proposed building configuration and square footage. It would however, reduce the
available area for parking. Alternative 5 would reduce the total number of parking spaces for
the project to 99.
Environmental Impacts
As shown in Table 6-1, the significant unavoidable impacts of demolishing the potentially
historic main Loomis residence are reduced to a less-than-significant level with Alternative 5.
This alternative, however, does not eliminate the significant unavoidable impa~ from the
relocation of the building not being in conformance withthe Secretary's Rehabilitation Standards
and Guidelines. Likewise, the impact from the change in setting is not reduced, due to the loss
of the relationship between the house and other site elements. All other impacts and mitigation
measures identified for the proposed project would also be applicable to this alternative.
Ability to Meet Project Objectives
This alternative would allow all project objectives to be met, including the originally proposed
scale of the project.
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Alternative 6: Relocation of the Loomis Residence to Tar Springs Ranch
Description
Alternative 6 maintains all of the project components of the proposed project, except for the
demolition of the Loomis residence. In this design, the house is moved off-site to Tar Springs
Ranch, a property approximately eight miles east of Arroyo Grande. This property currently
contains numerous structures and artifacts that have been relocated and/or reconstructed
previously, from San Luis Obispo County. A location map for Alternative 6 can be found in
Figure 6-5.
Environmental Impacts
As shown in Table 6-1, the significant unavoidable impacts of demolishing the potentially
historic main Loomis residence are reduced to a less-than-significant level with Alternative 6.
This alternative, however. does not eliminate the significant unavoidable impact from the
relocation of the building not being in conformance withthe Secretary's Rehabilitation Standards
and Guidelines. Likewise, the impact from the change in setting is not reduced. due to the loss
of the relationship between the house and other site elements.
All other environmental impacts for a project at the proposed site under this alternative would be
identical to the proposed project and would require the same mitigation. There may be
additional impacts related to moving the structure such as ground disturbance to prepare the
relocation site for building pads and grading necessary to accommodate receiving the main
. house, and this analysis does not evaluate those impacts in detail. If this alternative were to be
selected additional environmental review may be necessary to ensure mitigation of impacts due
to moving the structure are reduced to a less-than-significant level.
Ability to Meet Project Objectives
This alternative would allow all of the project objectives to be met, as. the original project design
for the site would not change.
Alternative 7: Relocation of the Loomis Residence to Lot 10
Description
The final altemative also involves the relocation of the Loomis residence off-site, to a proposed
subdivision across Branch Street from the project proposed in this EIR. The East Village Plaza
is a planned unit development project that has a recently submitted development application
with the City of Arroyo Grande (Lot Line Adjustment application AGAL 00-05).
The proposed relocation site is approximately 500 feet east of the Loomis residence's current
location. The house would be placed on proposed Lot 10. and would be partially visible from
Branch Street with a potentially different orientation to Branch Street and/or different compass
orientation. It would setback a large distance from the street and would be behind another
proposed building. A location map and site plan for Alternative 6 can be found in Figure 6-6.
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Environmental Impacts
As shown in Table 6-1, the significant unavoidable impacts of demolishing the potentially
historic main Loomis residence are reduced to a less-than-significant level with Alternative 6.
This alternative, however, does not eliminate the significant unavoidable impact from the
relocation of the building not being in conformance withthe Secretary's Standards and
Guidelines. Likewise, the impact from the change in setting is not reduced, due to the loss of
the relationship between the house and other site elements. All other environmental impacts for
this alternative would be identical to the proposed project.
Ability to Meet Project Objectives
This alternative would allow all of the project objectives to be met, as the original project design
for the site would not change.
Conclusions
The above discussion compares the various alternatives to the proposed project in terms of
environmental impacts and ability to meet project objectives. When the environmentally
superior alternative is the "No Project Alternative", CEQA Section 15126.6(c} requires the
identification of the second environmentally superior alternative.
The Alternative 1: The No Project Alternative is considered to be the environmentally superior
alternative because it would reduce or eliminate every environmental impact of the project. The
second environmentally superior alternative is Altemative 2, Loomis Residence Retained in
Existing Location. However, Altemative 2's reduction in square footage of commercial and
office space may be found to be economically infeasible (see discussion above and Appendix
I). Therefore, Alternative 3: Loomis Residence Retained Within Project Site Context is the next
most preferable alternative which is environmentally. superior to the proposed project and would
achieve all of the objectives of the project while still reducing the significant cultural resources
impacts (and with mitigation measures in this EIR, all other significant impacts) associated with
the project to a less-than-significant level.
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-- - -.......- --- --------.-.-.------ -_.__.,-----------~- )
I.d.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CONTINUED PUBLIC HEARING ITEM - CONSIDERATION OF
DEVELOPMENT CODE AMENDMENT CASE NO. 02~06 TO
REVISE ZONING REGULATIONS FOR THE VILLAGE
COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL
COMMERCIAL AND OFFICE PROFESSIONS DISTRICTS
DATE: JUNE 10, 2003
.
RECOMMENDATION:
Continue this item to public hearing on June 24, 2003.
FUNDING:
None.
DISCUSSION:
Prior City Council hearings scheduled April 22, 2003 were continued to June 10,
2003 to allow additional Planning Commission consideration. The public
hearings to amend the Development Code to reclassify current Village
Commercial zoning districts to Village Core Downtown (VCD) and Village Mixed
Use (VMU) and provide district use and property development standards for the
VCD and VMU zones has been continued to the June 17, 2003 Planning
Commission meeting and the City Council meeting of June 24, 2003. A notice
has been placed in the Times Press Recorder and all properties inside of and
within 300 feet of the specific areas have been noticed.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Continue the public hearing to June 24, 2003; or
- Direct staff to renotice and readvertise a later date (if Council is aware of
required modifications to Planning Commission recommendations).
---_.._-~---- --~---
1D.a.
MEMORANDUM
TO: CITY COUNCIUREDEVELOPMENT AGENCY
FROM: STEVEN ADAMS, CITY MANAGER?
LYNDA SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
SUBJECT: CONSIDERATION OF FY 2003-04/ FY 2004-05 BI-ANNUAL BUDGET
DATE: JUNE 10,2003
RECOMMENDATION:
It is recommended the City Council: 1) adopt the attached resolution approving the FY
2003-04/ FY 2004-05 Bi-Annual Budget; and 2) approve the proposed changes to the
City's Financial Policies.
FUNDING:
The proposed General Fund budget is $10,728,525 for FY 2003-04 and $11,219,770 for
FY 2004-05. The FY 2003-04 amount represents a .5% decrease from the FY 2002-03
amended budget. The total recommended City budget for FY 2003-04 is $17,643,950
and $17,047,900 for FY 2004-05. All funds are balanced.
DISCUSSION:
The Preliminary Bi-Annual Budget for FY 2003-04/ FY 2004-05 was presented and
reviewed at the special City Council workshop on May 29, 2003. At that meeting, no
changes were directed by the City Council.
The document represents the collective recommendation of the department directors for
the work plan for the upcoming year. All funds are balanced under the proposal. We
believe the draft budget addresses existing needs, but does so prudently by managing
ongoing costs, balancing priorities and planning long term.
The recommended budget will address each of the budget priorities established by the
City Council at the initiation of the budget process, which include:
. Maintain existing service levels;
. Address increased costs of retirement plan rates caused by the economic downturn;
. Provide contingency plans to address potential State budget impacts;
. Addition of a third full-time paid Fire Engineer position;
. Increase street maintenance funding;
. Increase in park maintenance costs for the new Rancho Grande Park;
-. ..__.._-_._-----_..~
CITY COUNCIL
CONSIDERATION OF FY 2003-04/ FY 2004-05 BI-ANNUAL BUDGET
JUNE 10,2003
PAGE 2
. Plan for fiscal impact of labor negotiations; and
. Continue plan to address the shortfall in the Redevelopment Agency budget.
The Fund Balance for the General Fund is projected to be approximately $2,683,900
(25% of appropriations) at the end of FY 2003-04 and $2,963,900 (26.4%) for FY 2004-
05. These amounts will be reduced by costs associated with any commitments
resulting from ongoing labor negotiations. Staff is recommending the reserve policy be
increased from 15% to 20% of General Fund appropriations at this time, which we
believe is a more standard and prudent fiscal policy. New policies establishing
minimums for reserves in the Sewer and Water Funds are also proposed, which are
funding to address 60 days of operations and an additional $500,000. This currently will
be $534,000 for the Sewer Fund and $671,000 for the Water Fund. This goal will not be
met initially in the Sewer Fund, but recommendations of the four-year rate study were
designed to accomplish the policies by the end of the study implementation period.
The City's Capital Improvement Program (CIP) will continue to make a significant
investment in the community's future through the maintenance of the infrastructure
system. Major projects programmed in the 5-year CIP include resurfacing of Branch
Mill Road, Brisco Road, EI Camino Real, Farroll Road, Wilton Place and increased
funding for the annual pavement management program. Other significant projects
include Sewer Lift Station No. 1 replacement, Reservoir No. 1 replacement, and the
Newsom Springs drainage project.
The budget includes additional recommendations this year to reduce costs to the
Redevelopment Agency in order to address the current shortfall. Based on these
recommendations, annual tax increment revenues are projected to exceed expenses by
FY 2004-05, at which time the Agency will begin to repay existing debt to the Sewer and
Water Facility Funds.
Lastly, the budget incorporates contingency planning for potential impacts of the State
budget crisis on local funding sources. Plans include a $50,000 contingency fund in
each year of the two-year budget. The two revenue sources currently targeted by the
Governor's proposed budget are booking fee reimbursement and Redevelopment
funding. Booking fee reimbursement has not been included as budgeted revenue and
as stated above, Redevelopment expenses have been decreased. If additional
reductions in revenues are experienced, it is proposed to address them initially through
reserves until recommendations for further budget adjustments can be proposed.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Adopt resolution approving FY 2003-04/ FY 2004-05 Bi-Annual Budget;
- Modify and approve FY 2003-04/ FY 2004-05 Bi-Annual Budget;
- Provide direction to staff.
- --"----
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING FISCAL YEARS 2003-04 &
2004-05 BI-ANNUAL BUDGET AND MAKING
APPROPRIATIONS FOR THE AMOUNT BUDGETED
WHEREAS, a proposed Bi-Annual Budget for the City of Arroyo Grande for the Fiscal
Years commencing July 1, 2003 & 2004 and ending June 30, 2004 & 2005 was submitted
to the City Council and is on file with the Director of Administrative Services; and
WHEREAS, the City Council also serves as the Redevelopment Agency Board of
Directors; and
WHEREAS, proceedings for adoption of said Budget have been duly taken; and
WHEREAS, the City Council made certain revisions, corrections, and modifications to
reflect the changes ordered by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
RESOLVE AS FOLLOWS:
SECTION 1. The Budget, as amended, is adopted as the Bi-Annual Budget for the City of
Arroyo Grande for the Fiscal Years commencing July 1, 2003 & 2004, and ending June 30,
2004 & 2005.
SECTION 2. At the close of each Fiscal Year, unexpended appropriations in the Operating
Budget will be carried forward to the next fiscal year as necessary to underwrite the
expense of outstanding purchase commitments. Unexpended appropriations for
authorized, but uncompleted projects as approved by the City Council, may be carried
forward to the next succeeding Budget upon recommendation by the Financial Services
Director and approval of the City Manager.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2003.
- --~-~_._------_..__.-
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
. ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY A TIORNEY
-. _____._r_..____ -~--_.- ---
11.8.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF A STENCIL TO MARK CITY STORM DRAIN
INLETS WITH THE WARNING: "NO DUMPIN~DRAJNS TO CREEK"
DATE: JUNE 10,2003
RECOMMENDATION:
It is recommended the City Council approve a stencil design to be used on City storm
drain inlets.
FUNDING:
Costs associated with annually stenciling all of the City's storm drain inlets include
purchase of approximately 25 stencils and paint. The estimated Cbst for the one-time
purchase of stencils is $450,and the estimated cost for paint is $200. Funds for this
work will be provided in the Public Works' operating budget
DISCUSSION:
The City is in the process of preparing a Storm Water Management Plan as required by
the Federal Water Pollution Control Act The plan is in conformance with Phase \I of the
program and includes several control measures related to public participation and
involvement
Several years ago, Central Coast Salmon Enhancement (CCSE) and Paulding Middle
School students .formed an after school club with the purpose of conducting regular
stream assessments at Strother Park. Students have collected continuous water quality
data on the Arroyo Grande Creek since 2000. In addition, students have been
periodically collecting and analyzing macro-invertebrates found in the stream and have
been involved in the Annual Creek Celebration and Clean Up hosted by CCSE.
Recently students have been working on organizing a storm drain stenciling program to
increase public awareness of the creek and prevent water pollution. As part of this
program, students and CCSE staff collected sample storm drain markers used by other
agencies as shown in Exhibit 1. The approved stencil will be applied to all City storm
drains at the annual Creek Celebration and Clean Up.
Paulding students and CCSE staff recommend that the City Council approve a stencil
that includes the words: "NO DUMPING, DRAINS TO CREEK", with the universal
symbol of waves representing water as shown in Exhibit 2.
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CITY COUNCIL
CONSIDERATION. OF A STENCIL TO MARK CITY STORM DRAIN
INLETS WITH THE WARNING: "NO DUMPING, DRAINS TO CREEK"
JUNE 10, 2003
PAGE 2
The proposed Storm Water Management Plan will be presented to the City Council at
the June 24, 2003 meeting. The storm drain stenciling project is one of the Best
Management Practices (BMPs) identified in the plan.
ALTERNATIVES:
The following alternatives are provided for Council consideration:
- Approve staffs recommendation;
- Do not approve staffs recommendation;
- Modify staffs recommendation as appropriate and approve; or
- Provide direction to staff.
Attachments:
Exhibit 1 - Examples of stencil designs
Exhibit 2 - Recommended stencil design
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06/02/03 15:58 'C805 473 8167 CC Salmon III 002/002
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! EXHIBIT 1
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i Samples of stencils used by other cities.
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\ The above steDCil can be fuund in San
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, NO DUBPING
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! The above stencil can be found in The City of Santa Balbara, and
: Grover Beach and Pismo Beach. Cal Trans use curl> markers similar
! To the ones pictured above
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I Example of a custom stencil
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\ Custom Storm Drain Markers
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06/02/03 15:17 'C805 473 81$7 CC Salmon ,_,Ill 002/00~ _ ._
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EXHIBIT 2
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