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Agenda Packet 2003-08-12 Ci,t� of CITY COUNCIL ��'Y'Q�Q G1"C111� AGENDA Tony M.Ferrara Mayor Ma or Pro Tem Steven Adams City Manager Jim Dickens Y Timothy J.Carme� City Attomey Thomas A.Runels Council Member Kelly Wetmore Director,AdministraGve Services Sandy Lubin Council Member Joe Costello Council Member NOTICE OF CITY COUNCIL SPECIAL MEETING Tuesdav August 12, 2003 6:15 P.M. Arroyo Grande Citv Council Chambers 215 East Branch Street, Arroyo Grande AGENDA 1. ROLL CALL 2. PUBLIC COMMENT on Special Meeting Agenda Items. Members of the public wishing to address the Council on any item described in this Notice may do so when recognized by the Presiding Officer. 3. CITY COUNCIL CLOSED SESSION: a. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6: Agency Negotiators: Daniel Hernandez and Karen Sisko Represented Employees: Arroyo Grande Career Firefighters (AGCF) b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Section 54957: Title: City Attorney 4. RECONVENE TO OPEN SESSION: Announcement of reportable action from closed session, if any. i 5. ADJOURNMENT. � c:closedsession.agenda.081203 � --_ __ CITY COUNCIL C�t� Of AGENDA �r'r'�o G�"a� Tony M.Ferrara Mayor Jim Dickens Mayor Pro Tem Steven Adams City Manager Thomas A Runels Council Member Timothy J.CaRnel City Attomey Sandy Lubin Council Member Kelly Wetrnore Director,Administrative Services Joe Costello Council Member AGENDA SUMMARY CITY COUNCIL TUESDAY, AUGUST 12, 2003 7:00 P.M. Arroyo Grande City Council Chambers 215 East Branch Street, Arroyo Grande i i 1. CALL TO ORDER: 7:00 P.M. 2. ROLL CALL 3. FLAG SALUTE: ARROYO GRANDE LIONS CLUB 4. INVOCATION: JEAN BOWSER, BAHAI FAITH 5. SPECIAL PRESENTATIONS: None. 6. AGENDA REVIEW: 6a. Move that all resolutions and ordinances presented tonight be read in title only and all further readings be waived. AGENDA SUMMARY—AUGUST 12, 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 Councii 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. 8.a. Cash Disbursement Ratification (SNODGRASS) Recommended Action: Approve the listing of cash disbursements for the period July 16, 2003 through July 31, 2003. 8.b. Consideration of Fixed Asset Policv C-009 (SNODGRASS) Recommended Action: Adopt Fixed Asset Policy C-009 to maintain cont�ol and cost information of all General Government Fixed Assets. 8.c. Consideration of a Resolution Authorizlns� the Fire Station ExQan�lon Goneral 4bliaation Bond Proaertv Tax Lew (SNODGRASS) Recommended Action: Adopt a Resolution authorizing the FY 2003-04 property tax levy approved by voters on November 5, 2002. 8.d. Consideration of Aaaroval of Minutes (WETMORE) Recommended Action: Approve the minutes of the Regular City Council/Redevelopment Agency Meeting of July 22, 2003 as submitted. 8.e. Consideration of First Amendment to Communications S1te Lease A�areement jGroundl with Nextel of California. Inc. (FIBICH) Recommended Action: Approve and authorize the Mayor to execute an amendment to the Communications Site Lease Agreement (Ground) with Nextel of Califomia, Inc. AGENDA SUMMARY—AUGUST 12, 2003 PAGE 3 8. CONSENT AGENDA: (continued) 8.f. Consideration to A�arove a Park-and-Ride Lease Aareement with Caltrans (SPAGNOLO) Recommended Action: 1) Approve the Park-and-Ride Lease Agreement with the Califomia Department of Transportation (Caltrans); and 2) Authorize the Mayor to execute the Agreement. 8.g. Consideration to Award a Contract for Phase I of the Wa#er Conservation Pros�ram to Mid State Plumbins� (SPAGNOLO) Recommendsd Actlon: 1) Award a contract for Phase I of the Water Conservation Program to Mid State Plumbing in the amount of $275,515; and 2) Appropriate $289,515 from the Water Neutralization Impact fund. 8.h. Consideration of Award of Bid For '/:-Ton and '/.-To� Pick-u� Trucks for the Public Works Deaartment (SPAGNOLO) Recommended Action: Award the bid of $23,200.50 from Christianson Chevrolet for a 3/.-ton truck and award the bid of $22,673.64 from Mullahey Ford for a %rton pick-up truck for the Public Works Department. 8.i. Consideration of Aoaroval of Parcel Mau AG 01-427; Lot Sullt Bstw�en Tra�s ' F�ina and Midas Buildins�s (SPAGNOLO) Recommended Action: Approve Final Parcel Map AG 01-427, subdividing .88 acres into two (2) commercial lots. 8.j. Consideration of Emolovment aareements for Associate Plan�er and Asslstant Planner Positions (STRONG) Recommended Action: Authorize the City Manager to sign the Employment Agreements for Associate Pianner and Assistant Planner positions for the period from July 1, 2003 to June 30, 2005. 9. PUBLIC HEARINGS: 9.a. Consideration of Street Name Chans�e from Sterlina Drlve to Pauldins� Clrcle (STRONG) Recommended Action: Adopt a Resolution renaming Sterling Drive to Paulding Circle. 9.b. Continued Publlc Hearins� - Consideration of Develooment Co�d� Am�s�ment Case No. 02-006 to Revise Zonins� Ressulations for the �(��„� ��,� DlstHct and Portions of the General Contmercial an� Of'�ce Pr�sional Districts (STRONG) Recommended Action: Introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Ame�dment 02-006), rezoning the Village Commercial District and portions of the General Commercial and Office Professional District to Village Core Downtown, Vill�ge Mixed Use, Village Residential and Single Family Residential; revising land use regulatlons to address requirements for Mixed Use districts and approval processes. 'i '�, - ..��-- � AGENDA SUMMARY—AUGUST 12, 2003 PAGE 4 10. CONTINUED BUSINESS: 10.a. Consideration of Consuitant Services Aareement Amendment No. 2 with Rtncon Consultants and A�alicanf As�reement Amenc�ment No. 2 for V��na Tentative Tract Maa 01-001/Planned U�it Develonment 01-001 (Tract 1998)- Castlerock Develocment (STRONG) Recommended Action: 1) Approve the Consultant Services Agreement Amendment No. 2, modifying the scope of work and budget for the VTTM/PUD SEIR; and 2) Approve Applicant Agreement Amendment No. 2, modifying the scope of work and budget for the VT'fM/PUD SEIR. 11. NEW BUSINESS: 11.a. Discussion Reaardins� Plannins� Activities and Meetins� with Suhore of Influence Pro�ertv Owners (ADAMS) Recommended Action: Provide direction to staff regarding planning activities, meetings and a municipal process to coordinate with property owners re�arding ' areas within the City's current Sphere of influence (SOI), such as coordination meetings with property owners, pubiic input, etc. 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. a) None. 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 forrnal action can be taken. a) None. 14. COUNCIL COMMUNICATIONS: Correspondence/Comments as presented by the City Council. 15. STAFF COMMUNICATIONS: Correspondence/Comments as presented by the City Manager. AGENDA SUMMARY—AU,GUST 12, 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. 1T. ADJOURNMENT ♦♦��♦ All staff reports or other written documentation relating to each item of business refened to on the agenda are on �le 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-relat� 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 Hail for any revisions, or cali the Director of Administrative Services at (805)473-5414 for more information. www.arrovos�rande.ors� � hereby cefity undr 01 OMj�My MMIr rl!I�w�d�e stats a1 Crilort�i�,iM�t� pdo� to ihe�tINM1q 011� � 72 hours bt i R��I�t �t � . $18'/0 3 �Q � ^ �� 8.a. o� pRROy�c � � INCORPORATEO 9� MEMORAN DU M . � C) T �( JULY 10. 1911 7� . I c�O��FORN�P TO: CITY COUNCIL � FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR SUBJECT: CASH DISBURSEMENT RATIFICATION DATE: AUGUST 12, 2003 � RECOMMENDATION: It is recommended the City Council ratify the attached listing of cash disbursements for the period July 16—July 31, 2003. FUNDING: There is a $1,113,552.30 fiscal impact. DfSCUSSION: 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 —July 17, 2003 Accounts Payable Check Register (02/03) ATTACHMENT 3 —July 18, 2003 Accounts Payable Check Register (03%04) ATTACHMENT 4—July 25, 2003 Accounts Payable Check Register (03/04) ATTACHMENT 5 —July 25, 2003 Accounts Payable Check Register(02/03) ATTACHMENT 6—July 25, 2003 Payroll Checks and Benefit Checks ATTACHMENT 7 —July 31, 2003 Accounts Payable Check Register (02/03) ATTACHMENT 1 CITY OF ARROYO GRANDE CASH DISBURSEMENTS �on tice �euad o� !� l6 !7l�zouqk !�31, 2AJ3 August 12, 2003 Presented are the cash disbursements issued by the Department of Financial Services for the period July 16 to July 31, 2003. Shown are cash disbursements by week of occurrence and type of payment. WEEK TYPE OF PAYMENT ATTA+CH�1riENT AMOUNT July 17,2003 Accounts Payable Cks 111271-111111348 (02/03) 2 $169,783.85 July 18,2003 Accounts Payable Cks 111349-111381 (03/04) 3 305,773.54 July 25,2003_ Accounts Payable Cks 111382-111492(03/04) 4 207,351.62 Accounts Payable Cks 111506-111544 (02/03) 5 60,083.73 Payroll Checks &Benefit Checks 6 332,072.36 599,507.71 July 31,2003 Accounts Payable Cks 111611-111635 (02/03) 7 38,487.20 Two Week Total $ 1.113552.30 8.b. o� PaROVO� � � INCORPOAATED � „ " ° MEMORANDUM � # �u�r ,o. ,e„ * c��FORN�P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FiNANCIAL SERVICE SUBJECT: CONSIDERATION OF FIXED ASSET POLICY DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council adopt Fixed Asset Policy to maintain control and cost information of all General Government Fixed Assets. FUNDING: There is no fiscal impact from this action. DISCUSSION: In the past, an informal policy was used by the City to guide the accounting of fixed asset purchases and disposals. The enactment of Govemment Accourrting Standards Board pronouncement 34 (GASB 34) expanded fixed assets accounting requirements to include the construction, purchase, and disposal of infrastructure assets. As a result of the increased accounting requirements, the pending installation of an Eden fixed asset program, and to provide clear direction, staff has developed a formal fixed asset policy for the City Council's consideration. Within the attached proposed Fixed Asset Policy are requirements that assets have a useful life of finro or more years and be valued at $5,000 or more; that capital leases transfer ownership to the City at the end of the lease term; and the term "historical cost" is defined. The proposed Policy C-009 formalizes City policies already in place and increases the capitalization level from $1,000 to $5,000. This increase in the capitalization level is recommended to facilitate the accounting for infrastructure assets. Staff recommends the Fixed Asset Policy C-009 be incorporated into the City's Administrative Policies and Procedures. � � ALTERNATIVES: � The following alternatives are provided for City Council consideration: 3 � - Approve staff recommendation to Adopt Policy C-009 — Fixed Asset Policy � into the City Administrative Policy and Procedures. - Do not adopt Policy C-009; ! - Modify the policy as directed by the City Council; i - Provide direction to staff. , ; a , CITY OF ARROYO GRANDE ADMINISTRATIVE POLICY AND PROCEDURES POLICY#: C-009 SUBJECT: FIXED ASSET POLICY ISSUED: 08/12/03 EFFECTIVE: 08/12/03 CANCELLATION DATE: N/A SUPERSEDES: N/A POLICY: It shall be the policy of the City of Arroyo Grande to establish accounting procedures to maintain control and cost information for all General Government Fixed Assets. PROCEDURES: 1. The General Fixed Assets Account Group (GFAAG) is used to maintain control and cost information for all General Government Fixed Assets. Enterprise Funds Fixed Assets are recorded with the separate funds. A. General fixed assets are recorded as expenditures in governmental funds at the time the assets are received and the liability is incurred. These assets are capitalized at cost in the General Fixed Assets Account Group. Enterprise fixed assets are recorded as assets within the fund when purchased and a liability is incurred. 1) General fixed assets are long-lived assets used in providing government services. They include: land & improvements, buildings, improvements, equipment and machinery, construction in progress and infrastructure. 2) Enterprise fixed assets are long-lived assets used in providing services for the funds particular activity to the public. They include: land & improvements, buildings, improvements, equipment and machinery, construction in progress, sewer and water lines, and infrastructure. The City uses the most current edition of Governmental Accounting, Auditing, and Financial Reporting (GAAFR) by the Government Finance Officers Association (GFOA) as it is the authoritative guide in setting policy and establishing accounting procedures regarding fixed assets. POLICY#: C-009 PAGE 2 2. The capitalization of fixed assets should have three (3) attributes: A. Tangible property. B. Useful life of two (2) or more years. C. Cost or assigned value of$5,000 or more for all assets. 3. Leased Assets: A. Operating leased assets are not capitalized as these leases are usually short term and can be cancelled at anytime. The recording of an operating lease as a fixed asset is not required because the item is not purchased. B. Capital leases must be capitalized if one or more of the following criteria are met and the chance of cancellation is low: 1) Ownership is transferred by the end of the lease term. 2) The lease contains a bargain purchase option. 3) The lease term is greater than or equal to 75 percent of the asset's service life. 4) The present value of the minimum lease payment is greater than or equal to 90% of the fair market value of the asset at the inception of the lease. C. NCGA Statement No. 5 states that a fixed asset must be capitatized of one or ; more of these criteria are met and a liability in the same amount should be � recorded. D. Capitalized lease items are capitalized at the beginning of the lease period, regardless of when the tile transfers. 4. It is the responsibility of the Financial Services Department to record, monitor and inventory all fixed assets. 5. Fixed assets may be acquired through a direct purchase, lease-purchase or capital lease, construction, eminent domain, tax foreclosures, donations, and gifts. There can be different sources of funding when acquiring a fixed asset. Some examples are: A. General Fixed Assets: 1) General Fund. 2) Special Revenue Funds. 3) Capital Projects Funds. 4) Grants. I POLICY#: C-009 PAGE 3 B. Enterprise Funds: 1) Grants. 2) Other Governments. C. If funtls are provided by the specific source, a record should be made of the specific source. Such as: 1) General Obligation Bonds. 2) Federal Grants. 3) State Grants. 4) Local Grants. 6. Fixed assets are recorded at their "historical cost", which is the original cost of the assets. Costs include purchase price (less discounts or construction costs) and any other reasonable and necessary costs incurred to place the asset in its ' intended location and prepare it for senrice. Costs could include the following: A. Sales Tax. B. Freight charges. C. Legal and title fees. D. Closing costs. E. Appraisal and negotiation fees. F. Sunreying fees. G. Land-preparation costs. H. Demolition costs. I. Relocation costs. J. Architect and accounting fees. K. Insurance premiums and interest costs during construction. 7. According to the NCGA, an estimate of the original cost is allowable. One method of estimating historical or original cost is to establish the average installed cost for a like unit at the estimated date of acquisition. 8. Expenditures/expenses for replacing a component part of an asset are not capitalized. However, expenditures/expenses made to improve the operation of any asset or to add to it, which is referred to as "betterments", are recorded as an asset in the same way as the original entry when recording the asset's acquisition. 9. Departments disposing of surplus, damaged, or inoperative equipment shall notify the Financial Services Department. At no time should a fixed asset be sold, retired or removed from operations without notifying the department. When items are declared as surplus by a resolution, such as police vehicles, a copy of the resolution should be given to Financial Services to use as backup. q I'' , I' � POLICY#: C-009 PAGE 4 10. The transfer of fixed asset between departments requires noti�cation to the Financial Services Department. 11. The National Council of Governmental Accounting (NCGA) has made the recognition of accumulated depreciation optional in the GFAAG and mandatory for Enterprise Funds. It is the City's policy to record depreciation for Enterprise Funds only. 12. The City has established recommended lives for capitalized assets. If the life of a particular asset is estimated to be different than these guidelines, it may be changed. Asset Class Useful Life Buildings 20 to 50 years. Improvements 20 to 50 years. Equipment and Machinery 3 to 10 years. Steven Adams City Manager � � � P E r f t` I' I - _ --.._---- ..._ . � � � pRRO�� Sa�rr o �,� � INCOiiPOAATED �Z � � ° MEMORANDUM �I JULY 10. 19/1 * c'��FORN�P TO: CITY COUNCIL FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICE C SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE FIRE STATION EXPANSION GENERAL OBLIGATION BOND PROPERTY TAX LEVY DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council adopt the attached resolution authorizing the FY 2003- 04 property tax levy approved by voters on November 5, 2002. The San Luis Obispo County Auditor Controller's Office has calculated a .0130% levy per $100 of assessed value. FUNDING: The tax levy of .0130% will provide sufficient revenues to provide for payment of FY 03- 04 principal and interest payments of approximately $199,500; paying agent fees and banking administrative cost of approximately $1,500; and San Luis Obispo County handling charges of approximately $500. The total levy is expected to result in revenues of approximately $201,500. DISCUSSION: On November 5, 2002, voters approved Measure 0-02, authorizing the expansion of the Arroyo Grande Fire Station and the issuance of$1,900,000 in general obligation bonds. The Measure, which was approved by more than finro-thirds of the Arroyo Grande voters, authorized bonded indebtedness and placing a tax on real property within the Arroyo Grande city limits. The election results were subsequently certified and the bonds issued in accordance with all laws and regulations. The first interest and principal payments, paying agent fees and banking administrative costs, on the general obligation bonds are due during FY 2003-04. The San Luis Obispo County Auditor-Controller requires that all tax levies be submitted by August 14, 2003 for collection and remittance in December 2003 and April 2004. Staff from the SLO Auditor-Controller's office and the City concur on the amount required for principal, interest, and fees; the calculation arriving at the tax levy; and the tax levy amount of .0130%. � ; i �I . . ._ _. .. ._... .___.-_---.... . . ._. __ . .._-.___-- __ ______.. . ...__J CITY COUNCIL CONSIDERATION OF GENERAL OBLIGATION BOND PROPERTY TAX LEVY AUGUST 12, 2003 PAGE 2 ALTERNATIVES: The following alternatives are provided for City Council consideration: - Approve staff recommendations by approving the attached resolution; - Do not approve staff recommendations; - Modify staff recommendations and approve; - Provide direction to staff. i � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY � OF ARROYO GRANDE AUTHORIZING THE FIRE STATION EXPANSION PROPERTY TAX LEVY FOR FISCAL YEAR 2003-04 WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, in the City of Arroyo Grande, a special ele�tion (the "Election") was duly and regularly held on the 5th day of November 2002, in that territory included within the boundaries of the City at which Election there was submitted to the qualified voters of said City the following question: MEASURE 0-02: Shall the City of Arroyo Grande expand the Fire Station including the addition of sleeping facilities, a federally required area for safe clean up of blood-borne pathogens, a federally required room to store turnout clothing, a system to divert vehicle exhaust from the apparatus rooms, an expanded training room, fire sprinklers, seismic retrofit of the facility to meet current standards, and expansion of the apparatus bay, by issuing $1,900,000 in general obligation bonds; and WHEREAS, more than finro-thirds of the votes cast�at the Election were in favor of and assented to the incurring of such indebtedness, and the City Council of the City is now authorized and empowered to provide for the form of bonds of the City, and for the issuance thereof for the purpose and objects provided for in tFie election, payable, principal and interest, from taxes levied exclusively upon the taxable property within the City, as permitted by law; and WHEREAS, on December 3, 2002, the City Council of the City adopted Resolution No. 3636 which certified the results of the November 5, 2002, election conducted by the Registrar of Voters, which results showed that more than two-thirds of the votes cast were in favor of the proposition to incur bonded indebtedness and levy the tax; and WHEREAS, the City issued its General Obligation Bonds, Series A of 2003 (Fire Station Project) in the amount of $1,900,000 pursuant to Resolution No. 3648, adopted by the City Council of the City, which bonds were issued for the purpose of the fire station expansion and retrofitting project (the "Bonds"); and WHEREAS, the City Council is further authorized to determine by resolution on or before August 14 of each year, the specific tax to be levied on each parcel of land in the City; and RESOLUTION NO. PAGE 3 - WHEREAS, it is now necessary and appropriate that the City Council of the City levy and collect the taxes for Fiscal Year 2003-04 for the purpose specified in the Election, by the adoption of a resolution; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande, hereby resolves as follows: 1. In accordance with Section 43632 of the Act, there is hereby levied upon the parcels of land within the City the taxes for Fiscal Year 2003-04 (the "Taxes"), at the tax rates set forth in Exhibit A attached hereto. The City Manager or his designee (the "City Manage�") is designated and directed to file this Resolution with the San Luis Obispo County Auditor-Controller no later than August 14, 2003. 2. The Taxes shall be collected in the same manner as ordinary ad valorem taxes are ''� collected and shall be subject to the same penalties and the same procedure, sale and lien priority in cases of delinquency as provided for ad valorem taxes, as such procedure may be modified by law or the City Council of the City from time to time. 3. The City Manager is hereby authorized to transmit a certified copy of this Resolution to the San Luis Obispo County Assessor and/or the San Luis Obispo Treasurer-Tax Collector, together with other supporting documentation as may be required to place the Taxes on the secured property tax roll for Fiscal Year 2003-04 and for the collection of the Taxes in the manner of ad valorem property taxes, and to perform all other acts which are required by the Act, or by law or deemed necessary by the City Manager in order to accomplish the purpose of this Resolution, the Act or Bond covenants. 4. The assessment shall be collected at the same time and in the same manner as County ad valorem property taxes are collected, and all laws providing for the collection and enforcement of County ad valorem property taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the amount of the assessments, after deducting compensation due the County for collection, shall be paid to the City. 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. F r i � _—_ � RESOLUTION NO. PAGE 3 � TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY � � t � @ f G I -_ � EXHIBIT A SCHEDULE OF TAX RATE Tax rate per$100 of assessed value = .0130% x � z � E , � � � � � � � � i f � 8.d. MINUTES REGULAR MEETING OF THE CITY COUNCIVREDEVELOPMENT AGENCY TUESDAY, JULY 22, 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 7:00 p.m. 2. ROLL CALL City Council: Council Members Lubin, Runels, Costello, Mayor Pro Tem Dickens, � and Mayor Ferrara were present. RDA: Board Members Lubin, Runels. Costello, Vice Chair Dickens, and Chair Ferrara were present. City Staff Present: City Manager Adams. City Attorney Carmel, Director of Administrative Services Wetmore, Director of Public Works Spagnolo, Director of Community Development Strong, and Director of Parks, Recreation and Facilities Hemandez. _ 3. FLAG SALUTE A member of Boy Scout Troop 26 led the Flag Salute. 4. INVOCATION Pastor Paul Jones delivered the invocation. 5. SPECIAL PRESENTATIONS None. 6. AGENDA REVIEW None. 6.a. Resolutions and Ordinances Read in Title Only Mayor Pro Tem Dickens moved, Council Member Costello 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. 7 CITIZENS' INPUT, COMMENTS, AND SUGGESTIONS None. 8. CONSENT AGENDA Council Member Lubin requested that Item 8.f. be pulled. Mayor Ferrara requested that Item 8.h. be pulled. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 2 Council/Board Member Runels moved, and Mayor Pro Tem/Vice Chair Dickens seconded the motion to approve Consent Agenda Items 8.a. through S.i.� with the exception of Items 8.f. and 8.h., with the recommended courses of action. The motion carried on #he following roll-cail vote: AYES: Runels, Dickens, Costello, Lubin, Ferrara NOES: None ABSENT: None 8.a. Cash Disbursement Ratification. Action: Approved the listings of cash disbursements for the period July 1, 2003 — July 15, 2003. 8.b. Consideration of Cash Flow Analysis/Approval of Interfund Advance from the Water Facility Fund. Action: Received and filed the June 2003 cash report and approved the interfund advance from the Water Facility Fund to cover cash deficits in other funds at June 30, 2003. 8.c. Consideratlon of Award of Contract to MAXIMUS for AAandated Cost Recovery Services. Action: Adopted Resolution No. 3697 authorizing the City Manager to enter into a binding agreement with MAXIMUS for mandated cost recovery services. '�, 8.d. Consideration of Approval of Minutes. Action: Approved the minutes of the Regular City Council Meeting of July 8, 2003. 8.e. Consideration of Resolution Adopting Public Works Fees and Service Charges. Actlon: Adopted Resolution No. 3698 approving the FY 2003-04 Public Works Field Division Fees and Service Charges. 8.g. � Consideration of Authorization to Solicit Bids for Public Works Vehicles. Action: Authorized staff to solicit bids for the purchase of one 3/.-ton flat bed truck and one '/z-ton pick-up truck as provided for in the FY 2003-04 budget. 8.i. Conslderation of Agreement with the San Luis Obispo County Visitors and Conference Bureau. [COUNCIURDA] Action: Authorized the Mayor/Chair to execute the annual Agreement with the San Luis Obispo County Visitors and Conference Bureau (SLOCVCB). Council Member Lubin declared a conflict of Interest on Item 8.f. due to ownership of real property near the project. 8.f. Consideration to Authorize the Use of Unallocated Proceeds from the Sale of Land to Fund Unanticfpated Construction Costs for the Rancho Grande Park Project, PW-2002-03. • Recommended Action: 1) Authorize the use of unallocated proceeds from the sale of land to fund additional expenses during the construction phase of the project; 2)�Approve and authorize the Mayor to execute a consultant contract CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22� 2003 PAGE 3 amendment with RRM Design for additional design services; and 3) Approve additional appropriation that uses additional revenue to fund additional expenditures. Council Member Runels moved, and Council Member Costello seconded the motion to approve Consent Agenda Item 8.f., with the recommended course of action. The motion carried on the following roll-call vote: AYES: Runels. Costello, Dickens, Ferrara NOES: None ABSENT: Lubin 8.h. Consideration of Agreement with the Economic Vitality Corporation of San Luis Obispo County. [COUNCIURDA] Recommended Action: /#uthorize the Mayor/Chair to execute the annual Agreement with the Economic Vitality Corporation (EVCSLOC) of San Luis Obispo County. Mayor/Chair Ferrara requested clarification regarding the description of services and inquired whether the EVC was still delivering all of the indicated services. City Manager Adams responded yes, the EVC was providing a valuable service to the City� particularly as a resource for small businesses. Mayor/Chair Ferrara requested that staff provide the Council with a copy of the EVC's last semi-annual update report. Council/Board Member Lubin moved, and Mayor Pro Tem/Vice Chair Dickens seco�ded the motion to approve Consent Agenda Item 8.h., with the recommended course of action. The motion carried on the following roll-call vote: AYES: Lubin, Dickens, Runels. Costello, Ferrara NOES: None ABSENT: None 9. PUBUC HEARING: 9.a. Consideration of a Resolution Initiating an Amendment of ttw t3�neral Plan Land Use Map to Redesignate Certain Property to Aprlcul#uro and to Modify Certain Policies of the Land Use Element and the AaMcultura! Qp�n Space and Conservation Element; to Establish Ayricultural Consarvation Easement and Support Programs; and to Initiate an Amendm�t of Titie 16 of the Municipal Code to Modify Allowabls Uses� and Dovelopment Standards, Mitigation Measures Buffer Overlay District Text and Mapping, and Implementing Recommendations from the Report on the Conservadon of Agricultural Resources for the City of Arroyo Grande . CITY COUNCIUREDEVELOPMENT AGENCY MINUTES J U LY 22, 2003 PAGE 4 Community Development Director Strong presented the staff report, and stated the Planning Commission recommended the Council adopt a Resolution to initiate an amendment of the General Plan Land Use Map to redesignate certain property to agriculture and to modify certain policies of the land use element; to establish agricultural conservation easement and support programs; and to initiate an amerxlment of TiUe 16 of the Municipal Code to modify allowable uses, and development standards, mitigation measures and buffer overlay district text and mapping and to implement the policies, programs and proposed provisions discussed in the Report on the Conservation of Agricultura/Resources for the City of Arroyo Grande (Agricultural Report). Associate Planner McClish presented an overview of the Report on the Conservation of Agricultural Resources for the City of Arroyo Grande. Mayor Ferrara opened the public hearing. Otis Paqe, Arroyo Grande, expressed concems with the proposed action being considered by the Council and submitted a letter for the record (on file in the Administrative Services Department). Jeffrev Garcia, representing American Farmland Trust, spoke in support of agricultural conservation efforts and submitted a document entiUed °A Landscape of Choice: Strategies for Improving Patterns of Community Growth" (on file in the Administrative Services Department). . Wayne King, requested� that the Vanderveen property be excluded from the General Plan Amendment and referred to a letter submitted to the Council prior to the meeting from the Law Offices of William S. Walter, who represent Bruce and Mary Vanderveen (on file in the Administrative Services Department). Jeff Peters, Arroyo Grande, requested an explanation regarding buffers. Associate I, Planner McClish provided a brief explanation on buffer zones. Jerrv Bunin, representing Home Builders Association, addressed the housing , affordability crisis and stated that in-fill sites should be used to build housing. Mary Rivas, Arroyo Grande, spoke in support of farmland conservation. ' Shirley Schaefer, Arroyo Grande, spoke in support of agricultural conservation efforts. i Bruce Vanderveen, Arroyo Grande, spoke in opposition to the proposed action, referred I to the Vanderveen property and read portions from City Council meeting minutes from 2001 regarding the General Plan Update. Bill McCann, Arroyo Grande, spoke in support of agricultural conservation efforts. Ed Dorfman, Arroyo Grande� referred to the zoning history of the E. Cherry Avenue parcel and requested that his two parcels be dropped from the list of properties to be rezoned. Karen Tate. Arroyo Grande, spoke in support of agricultural conservation efforts. Howard Mankins, Arroyo Grande, stated that the Church of Latter Day Saints purchased a parcel of agriculture land near two existing churches on which it intends to build a church, which is allowed by City ordinance. He submitted a letter for the record (on file in the Administrative Services Department). � CITY COUNCIVREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 5 Ella Honevcutt, Arroyo Grande, spoke in support of agricultural conservation efforts, referred to and submitted for the record a 1974 Telegram Tribune arti�le enti�ed °Arroyo Grande tums down walnut orchard annexation" (on file in the Administrative Services Department). Dale Groap, Arroyo Grande, spoke in support of agricultural conservation efforts. Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing. Council Member Costello stated he had reviewed the Agricultural Report and commented that its purpose was to evaluate the cumulative impacts and altematives to agricultural conversion and propose additional altemative agricultural preservation strategies. He acknowledged the methods identified in the Report which indude buffers, mitigation ordinances and policies, transfer development credits, purchase o#agricultural conservation easements, forming a local Land Trust chapter, the Wilii�mson Act, and supported the recommendations in the study which look at alternatives to assist the City , in preserving its agricultural land. He supported the Planning Commission I recommendations and adoption of the proposed Resolution. Council Member Lubin expressed concerns about amending the General Plan which had just been updated and adopted in 2001. He referred to discussion regarding existing programs that are in place such as the Farmland Trust, the Williamson Act, and conservation programs that are avaitable to help preserve agricu�ure land. He emphasized that these programs are already in place to help property owners, the City has a Right To Farm Ordinance, and the City needs to support property owners who have non-productive land and do not want to farm. He conclud� by st�ti�g that he voted to approve the General Ptan which strongly supports agriculture and demands that agriculture be preserved; however, he said that we need to look a#what agriculture we're preserving and that the right parcels are being preserved. He did not support the proposed amendment to the General Plan moving fonnrard. Council Member Runels commented that this was a property rights and growth versus no-growth issue. He referred to the proposed buffer requirements and inquired who would be responsible for maintaining the buffers. He disagreed with the contents of the Agricultural Report, did not agree with the Planning Commission recommendations, and did not support adoption of the proposed Resolution. Mayor Pro Tem Dickens stated his philosophy was to promote soil conservation. He refeRed to resources that are best suited for agricultural production and spoke of various soil classifications. He spoke of the importance of protecting Class I and Class II soils stating this is a resource that is irreplaceable. He suggested that there was a need to better define and clarify the process so that the Planning Commission �nd City Council has the tools to make objective decisions about future requests. He stated there were 30 agricultural zoned parcels in the City that are 5 acres or less and that he believed there is agricultural value and commercially viable use for smaller parcels. He enoouraged the use of buffers to allow the farmers to continue their farming operations. He stated that CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 6 the Planning Commission recommendations expand on the policies already in place in the General Plan. He concluded by stating his support for adoption of the proposed Resolution. Mayor Ferrara referred to page 4 of the Report which refers to finro smaUer isolated agricultural use properties surrounded by urban development and requested clarification with regard to how the approval of the proposed Resolution would affect these properties. Director Strong replied that the Council would not be implementing any of the Planning Commission recommendations for rezoning this evening; the recommendation was to initiate the General Plan Amendment process. Mayor Ferrara acknowledged correspondence received prior to the meeting from Leroy, Lorene, and Adam Saruwatari and read excerpts from that letter (on file in the Administrative Services Department). He then responded to public comments regarding the State housing mandate; he supported smart-growth principles which include looking ' at small parcels that are considered to be in-fill in the City's urban core and looking at ways to meet the City's housing demands; and he clarified that during the General Plan Update process, the Council had decided it would not convert the City's small fringe agriculture parcels. He referred to and read excerpts from a letter written by former Community Development Director McCants to the County Board of Supervisors just prior to the adoption of the 2001 General Plan Update, reflecting the City's land use policy and the City's strong opposition and concem regarding a County General Plan Amendment application rezoning a County property from Agriculture to Residential Rural. Mayor Ferrara concluded by supporting the Planning Commission recommendations and adoption of the proposed Resolution. Mayor Pro Tem Dickens moved to adopt a Resolution to initiate an amendment of the General Plan Land Use Map to redesignate certain property to agriculture and to modify certain policies of the land use element; to establish agricultural conservation easement and support programs; and to initiate an amendment of Title 16 of the Municipal Code to modify allowable uses, and development standards� mitigation measures and buffer overlay district text and mapping and to implement the policies, programs and proposed provisions discussed in the Report on the Conservation of Agricultura/Resour+ces for the City of Arroyo Grande (Agricultural Report). Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Ferrara NOES: Lubin, Runels ABSENT: None There being 3 AYES, 2 NOES, and 0 ABSENT, the motion is hereby declared to be passed. 10. CONTINUED BUSINESS None. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 7 Mayor Ferrara called a break at 9:35 p.m. The Council reconvened at 9:45 p.m. 11. NEW BUSINESS 11.a. Consideration of Authorization to Solicit Bids for the Fire Station Expansion Project, PW 2003-05. Director of Pubiic Works Spagnolo presented the staff report and recommended the Council 1) Approve the plans and specifications for the Fi�e Station Expansion Project; and, 2) Authorize the Public Works Department �o solicit public construction bids for the Fire Station Expansion project. Mr. Pat Blote, representing RRM Design, gave a brief overview of the project and displayed a project rendering. Mayor Ferrara opened up the item for public comment. i John Keen, Arroyo Grande, referred to the Village Guidelines and inquired whether public buildings were exempt. Hearing no further public comments, Mayor Ferrara closed the floor to public comment and brought the item back to Council for consideration. Council and staff discussion ensued with regard to the proposed stucco color on the building expansion. City Manager Adams responded that the final color sample would be presented to the Arch�itectural Review Committee for final approval. Council Member Runels moved to approve the plans and specifications for the Fire Station Expansion Project; and authorize the Public Works Department to solicit public construction bids for the Fire Station Expansion project. Council Member Costello seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Costello, Lubin, Dickens, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. Mayor Pro Tem Dickens declared a conflict of interest on Item 11.b. due to family ownership of real property near the project and stepped down from the dais. 11.b. Consideration of Authorization to Soliclt Blds for the Branch Mill Road Paving and Drainage Improvements Project, PW-2003-03. Director of Public Works Spagnolo presented the staff report and responded to questions from Council regarding the scope of work for the project. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES J U LY 22, 2003 PAGE 8 � Council comments and discussion included issues related to drainage and an emphasis on the need for extensive public notification of road closures during construction of the project. Mayor Ferrara opened up the item for public comments, and upon hearing none, he closed the floor to public comments. Council Member Runels moved to approve the plans and spec�cations for the Branch Mill Road Paving and Drainage Improvements Project, PW 2003-03; and authorize the Public Works Department to solicit public construction tiids for the Branch Mill Road Paving and Drainage Improvements project. Council Member Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Runels, Lubin, Costello, Ferrara ; NOES: None ABSENT: Dickens There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be passed. Mayor Pro Tem Dickens returned to the dais. 11.c. Consideration of Appointment of Voting Delegate and Altornate for the League of California Cities Annual Conference, September 7-10� 2003. City Manager Adams presented the staff report and recommended the Council appoint one Council Member as the voting delegate and one Council Member as the altemate delegate for the League of Califomia Cities Annual Conference. Mayor Ferrara and Mayor Pro Tem Dickens said they would be attending the Annual Conference. Mayor Pro Tem Dickens offered to be the Altemate Delegate as he had not yet confirmed his travel arrangements. Mayor Ferrara moved to appoint himself as the Voting Delegate and Mayor Pro Tem Dickens as the Alternate. Council Member,Lubin seconded the motion, and on the following roll-call vote, to wit: AYES: Ferrara, Lubin, Runels, Costello, Dickens NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. CITY COUNCIUREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 9 11.d. Consideration of Appointments to the Callfornia Joint Powers Insurance Authority (CJPIA) Board. City Manager Adams presented the staff report and recommended the Council appoint one member of the City Council to serve on the California Joint Powers Insurance Authority (CJPIA) Board of Directors and one member of the City Council, the City Manager and Human Resources Manager to serve as altemates. Council Member Lubin offered to serve on the CJPIA Board of Directors. Council Member Costello offered to serve as an altemate. Council Member Costello moved to appoint Council Member Lubin to serve on the CJPIA Board of Directors and himself, City Manager Adams, and Human Resources i� Manager Sisko as alternates. Mayor Pro Tem Dickens seconded the motion, and on the following roll-call vote, to wit: AYES: Costello, Dickens, Runels, Lubin, Ferrara NOES: None ABSENT: None There being 5 AYES and 0 NOES, the motion is hereby declared to be passed. 12. CITY COUNCIL REPORTS a. MAYOR TONY M. FERRARA: (1) San Luis Obispo Council of Governments/San Luis Qbispo Rsgional Transit Authority (SLOCOG/SI.ORTA). Discussed impacts of the State budget crisis; held Closed Session. (2) Integrated Waste Management Authority (IWMA). Meeting cancelled; meets next in September. , (3) Other. 1) Attended June 26�' League of Califomia Cities Public Safety Policy Committee meeting. 2) Attended the July 11�' Mayor's meeting in Paso Robles, where a presentation was made on the implementation of energy conservation measures. Mayor Ferrara requested that staff review the report, determine if it could be utilized in the City's operations, and report back to the City Council. b. MAYOR PRO TEM JIM DICKENS: (1) South County Youth Coalltio�. No report. (2) South San Luis Obispo County Sanitatlon District (SSLOCSD). Met July 2"� and July 16�'. Plant is running well and meeting all discharge requirements; Adopted the 2003-04 Budget; Received presentation of Solano County Biosolids Ordinance; Reported that there would be a Special Board Meeting on July 30�' to review Pismo Beach's request to join the District. Also requested future item be placed on the agenda for CITY COUNCIUREDEVELOPMENT AGENCY MINUTES J U LY 22, 2003 PAGE 10 discussion and public input regarding flood liability/potential environmental impacts relating to the Arroyo Grande Flood Control Channel. (3) Other. None. c. COUNCIL MEMBER THOMAS A. RUNELS: (1) Zone 3 Water Advlsory Board. Reported that the Lopez Dam remediation project is finished; the Habitat Protection Plan will be sent to the County Board of Supervisors in August; it was decided to recommend to the County Board of Supervisors not to pursue fluoridating the water due to financial constraints. (2) County Water Resources Advisory Committee (WRACj. No report. (3) Other. None. d. COUNCIL MEMBER SANDY LUBIN: (1) South County Area Transit (SCAT). No report. (2) Economic Vitality Corporation (EVC). Thanked Diane Sheeley for her service and work with the EVC; the Board adopted the 2003-04 Budget. (2) Other. None. e. COUNCIL MEMBER JOE COSTELLO: (1) Air Pollution Control District (APCD). No report. (2) Other. None. 13. CITY COUNCIL MEMBER ITEMS: a) Discussion regarding request to change starting time of Council Meetings. (RUNELS) Council Member Runels stated he had received correspondence requesting that the Council consider a time change for Council meetings. Fo(lowing extensive discussion, it � was agreed not to formally agendize the item. 14. CITY MANAGER ITEMS: None. 15. COUNCIL COMMUNICATIONS: Mayor Ferrara reported that he a�d key staff members met with members of the Williams and Frederick families. A brief discussion ensued with regard to the process for holding discussions with project applicants. Council directed staff to agsndize a discussion item regarding the meeting held with the Williams and Frederick families conceming sphere of influence planning. 16. STAFF COMMUNICATIONS: None. CITY COUNCIVREDEVELOPMENT AGENCY MINUTES JULY 22, 2003 PAGE 11 17. COMMUNITY COMMENTS AND SUGGESTIONS• Steve Ross, Arroyo Grande, spoke regarding the proposed Arroyo Linda Crossroads project and stated he hoped the Council would move forward in opening up the area for this project. 18. ADJOURNMENT Mayor/Chair Ferrara adjourned the meeting at 10:55 p.m. Tony M. Ferrara, Mayor/Cha1r ATTEST: Keliy Wetmore, Director of Administrative Services/ Deputy C1ty Clerk/Agency Secretary (Approved at CC Mtg_� I ' � � __ _ _ � S.e. o� P�� `°� � � INCORhORATED� � ,� MEMORANDUM � dulr �o, t9�i ,� c'��oa��p TO: CITY COUNCIL FROM: TERRY FIBICH, DIRECTOR OF BUILDING AND FIRE � SUBJECT: CONSIDERATION OF FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) WITH NEXTEL OF CALIFORNIA, INC. DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council approve and authorize the Mayor to execute an amendment to the Communications Site Lease Agreement (Ground) with I Nextel of California, Inc. FUNDING: The approval of this Agreement will have no fiscal impact on the City. DISCUSSION: On May 23, 2000, the City Council approved a Communications Site Lease Agreement (Ground) with Nextel of California, Inc. at 200 Hillcrest Drive. During the third quarter of FY 2002-03, Nextel finalized plans for construction of a cellular repeater site at this location. A condition of approval of the Use Permit for this project was the execution of this Amendment. This Agreement is necessitated by post leasehold site modifications including the required co-location of City public safety antenna equipment on the monopine cellular phone tower. The Agreement provides the City the necessary access, interference-free transmission and reception, and reconstruction of the City public safety antenna structure if the monopine tower were to be removed. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staff's recommendation; - Do not approve staff's recommendation; - Modify as appropriate.and approve staff's recommendation; - Provide direction to staff. Attachment: 1. Communications Site Lease Agreement (Ground), Amendment No. 1 2. Exhibit A (Description of Property) 1 , i I i — — __ _-- __ ____ _ __--- FIRST AMENDMENT TO COMMUNICATIONS SITE LEASE AGREEMENT (GROUND) This First Amendment to Communications Site Lease Agreement is made and entered into this � day of July, 2003, by and between NEXTEL OF CALIFO1tNIA, INC., a Delaware corporation, d/b/a Nextel Communications ("Lessee") and the CITY OF ARROYO GRANDE, a municipal corporation formed under the laws of the State of California("Lessor"). WHEREAS; the parties entered into a Communications Site Lease Agreement (Ground) dated as of May 23, 2000 (the"Lease"); and WHEREAS, Section 1 of the Lease describes a premises that Lessee leases from Landlord, including proposed improvements to be constructed by Lessee; and WHEREAS, subsequent to execution of the Lease, Lessee obtained a Conditional Use Permit(the"CUP'� from the City of Arroyo Grande which is required by law; and WHEREAS, the site configuration and proposed improvements applied for by Lessee and authorized by the CUP are materially different from the site configuration and proposed improvements described in the Lease; and WHEREAS, the CUP includes provisions for the relocation of all operating antennas, including those used by City's police and fire departments, from the existing lattice tower and water tank itself to the new antenna tower("the"monopole), as well as the removal of the lattice tower; and WHEREAS, the parties hereby intend to amend the Lease to accurately reflect the Lease premises and improvements and the facts and circumstances related thereto. NOW, THEREFORE,,for good and valuable consideration, the receipt and adequacy of which is hereby acknowledged,the parties agree as follows: I Section 1 of the Lease is hereby amended in its entirety as follows: � 1. PREMISES. Lessor is the owner of a parcel of real property (the "Property"), located in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, commonly known as Reservoir#2. The Property is more particularly described in Exhibit "A", attached hereto. Lessor hereby leases to Lessee, and Lessee leases from Lessor, approximately one hundred forty (140) square feet of the Property, and all access and utility easements, if any, (the "Premises") described in Exhibit"B", attached hereto. , II Section 6(a)of the Lease is hereby amended in its entirety as follows: 6. FACILITIES; UTILITIES; ACCESS. (a) Lessee has the right to erect, maintain and operate on the Premises radio communications facilities, including an antenna tower or pole and foundation, utility lines, transmission lines, air conditioned equipment shelter(s), electronic equipment, radio transmitting and receiving antennas, supporting equipment and structures thereto ("Lessee Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, maintain and alter the P remises f or Lessee's b usiness o perations a nd t o i nstall t ransmission 1 ines c onnecting t he antennas to the transmitters and receivers. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good workmanlike manner. Title to the Lessee Facilities shall be held by Lessee. Notwithstanding anything herein to the contrary, Page 2 of 5 upon expiration or earlier terr�ination of this Agreement, Lessee, at Lessee's option, shall either (i) transfer title to the monopole to Lessor, or (ii) restore the Premises to the condition in which they existed prior to installation of the Lessee Facilities including, but not limited to, reconstruction of a lattice antenna tower and reinstallation of all of Lessor's fire, police, and other public safety antennas on said lattice tower. � III Section 7(a) of the Lease is hereby amended in its entirety as follows: , , 7. INTERFERENCE. I (a) All operations by Lessee shall be in compliance with all Federal Communications Commission (`FCC") requirements and all applicable laws. Notwithstanding the foregoing, Lessee shall not cause interference to Lessor's Repeater for its fire,police and other public safety �, departments. ' V �� Section 11 of the Lease is hereby amended in its entirety as follows: 'I ''I 11. DESTRUCTION OR CONDEMNATION. I'', �I If the Lessee Facilities are damaged or destroyed, Lessee agrees to restore the Premises to the condition in which they existed prior to installation of the Lessee Facilities including,but not limited to, reconstruction of a lattice antenna tower and reinstallation of all of Lessor's fire, police, and other public safety antennas on said lattice tower. If the Premises are condemned or transferred in lieu of condemnation, Lessee may elect to terminate this Agreement as of the effective date of such condemnation or transfer in lieu of condemnation; by giving notice to Lessor no more than forty-five (45) days following the date of such condemnation or transfer in lieu of condemnation. I Page 3 of 5 � VI Section 15 of the Lease is hereby amended in its entirety as follows: 15. REPAIRS. Lessee shall not be required to make any repairs to the Premises or Property unless such repairs a re necessitated b y reason of lessee's action or inaction, including, but not limited to, Lessee's tests and/or Lessee's construction, operation and maintenance of the Lessee Facilities. , VII Section 18(fl of the Lease is hereby amended in its entirety as follows: 1H. MISCELLANEOUS. (fl The parties acknowledge that a Memorandum of Agreement substantially in the form attached hereto as Exhibit "C"will be recorded in the Official Records of San Luis Obispo County. VIII The recitals set forth above aze true, correct and incorporated herein. IX Except as modified herein, all terms and conditions of the Lease shall remain in full force and effect. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. Page 4 of 5 : �. LESSOR: CITY OF ARROYO GRANDE, APPROVED AS TO CONTENT: a municipal corporation under the laws of the State of California ToNY M.FE��ta,Mayor . S�vEN AnAlvts, City Manager ATTEST: APPROVED AS TO FORM: KELLY WETMORE,Director of TIMOT 7. CA ty Attorney Administrative Services/Deputy City Clerk � LESSEE: NEXTEL OF CALIFORNIA,INC. a Delaware corporation, d/b/a Nextel Communications Extc M.W DRUFF, Director of ite Develo ent Page 5 of 5 , . __ MKT:Y,OS ANGELES SITE#:CA6894A(Grover Beach) EXHIBIT A � DESCRIPTION OF PROPERTY � to the Agreement dated—tY?R�l 23 , 2000,by;and between CTTY OF ARROYO GRANDE, a Municipal Corporation formed under the laws of the State of California, as I.essnr, and NEXTEL OF CALIFORNIA, INC., a Delawaze corporation,d/b/a Nextel Communications, as Lessee. The Property is described or depicted as follows: ' i i ,��p,� ': t.d�e•e•lesne sa set loe er ts.e�ai.i,son.r a.aa.e�.i a.es.a:., .iii.` ;,�; � •%�' t�elnt K D.dmla�1�SSr l�eatad Y!�1]w�: . • � •S .'y� ,'i. ��si�leeL�at tL��o�s Mat�r,_^Y�•�'�.sf A+es fe.4i u.��s�n ea Ilq�oetWa��e `•;t.. � .fe:46s s�aLdirlyea aT a�art�!EoL A�D�G�?2 w[2��f tl�Sba�e!Os�+�r�nl�pat :,`'i . •...r s.s�os w ssuss.sues er ra.sae eerra�.a.es.a:.•a.■eai.t t,s:..�a s.ee. .- :;' � , .;etzLeitet m.eemap+�.eosd.r.r w tut�oLS,.po e.matr,catfte�al..sa fus seot s es�.t. 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' s , ,,. � o� P�tROYp c� � INCORPORATEO 9Z � - T MEMORANDUM * ,�Y ,o, �s„ ,� c4<<FORN�P TO: CITY COUNCIL FROM , DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER� SUBJECT: CONSIDERATION TO APPROVE A PARK-AND-RIDE LEASE AGREEMENT WITH CALTRANS DATE: AUGUST 12, 2003 i ' RECOMMENDATION: it is recommended the Council: A. approve the Park-and-Ride Lease Agreement with the California Department of Transportation (Caltrans); and, B. authorize the Mayor to execute the Agreement. FUNDING: This agreement has no fiscal impact. DISCUSSION: The City and the California Department of Transportationof{�aetra�k-andtede lot on the agreement on November 1, 2000 for the use and mamtenance p east side of EI Camino Real south of Halcyon Road. The agrea ea foailnte ested Ipe sons operate and maintain the 31-s ools and otherl�id shar g Spr grams. This agreement has a participating in carpools, vanp , term of three years and will expire on November 1, 2003. In June 2002, the City completed an in-house capital improvemoecpalsoctincluded addit�'�onal existing lot by 17 spaces for a total of 48 spaces. The p � landscaping. Caltrans is requesting the City enter into a new agre e�entf has the same provis ons eas the of the expanded park-and-ride lot. The new agre access, and previous agreement, including responsibilitces�that we e recently construc�ted and for a maintenance, but provides for the 17 spa continuous term unless termination is requested by either party. �------- CITY COUNCIL CONSIDERATION TO APPROVE PARK-AND-RIDE AGREEMENT WITH CALTRANS AUGUST 12, 2003 PAGE 2 , ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staff s recommendations; • Do not approve staff's recommendations; • Modify as appropriate and approve staff's recommendations; or • Provide direction to staff. Attachments: 1. Proposed Park-and-Ride Lot Lease Agreement STANDARD PARK-AND-RIDE LEASE AGR�EMENT p�cRi{-AND-RIDE LOT AGREEMENT NO. Halcvon Road and Route 101 THIS AGREEMENI', DATED IS BETWEEN THE CALIFO1tNIA STATE DEPARTMENT OF TRANSPORTATION, HEREINAFTER REFERRED TO AS "CALTRANS," AND CTTY OF ARROYO GRANDE ,HEREINAFTER REFERRED TO AS"OWNER" 1. PURPOSE The purpose of Agreement is to provide a portion of the Owner's premises as a staging area for persons interested in participating in carpools,vanpools,or other ridesharing vehicles. 2, PREMISES Owner hereby licenses CALTRANS to use that portion of Owner's premises marked "Park-and-Ride" on attached map,marked"Exhibit A,"and made an express part of this Agreement. 3. 'I'ERM The term of this Agreement shall be from the beginning date hereof and terminate on CONTTNUOUS . Either party may, however, temiinate this Agrcement by giving 30 days written nodce to the other party of its intent to terminate. 4. USE OF TI�PROPERTY The specified"Pazk-and Ride"staging area may be used as a parldng lot by persons traveling in carpools or other ridesbaring velucles. GAL'TRANS will,at its own expense,place painted signs,with the Owner's advance approval,to designate the specified staging area. 5. ACCESS CALTRANS may use the Owner's pmperty svrrounding the premises for velucle and pedestrian access and circulation for persons in carpools. 6. MAINTENANCE CALTRANS will provide reasonable maintenance for the desigaated staging area and imProvements thereon. Owner agrees to notify CALTRANS prompfly of defects in parking areas wluch could give rise to third party injury or damage,even though CALTRANS may make periodic inspections of the premises 7. GpVERNMENTAL CHARGES CAI:TRANS will have no obligation to pay any taxes,assessments or governmental charges against the premises. 8. INSURANCE CALTRANS will at all times during the term of this Agrcement, take out and keep in force at its own expense, (a) public liability insurance to protect CALTRANS and Owner, their officers, agents and employees against any liability to the public,incident to the use of, or resulting from,injury to, or death of, any person caused by or resulting from the installation,maintenance or use of said"Park-and-Ride"area in the amount of not less tban 55,000,0�to indemnify i _ against the claim of one person and in the amount of not less than $5,000,000 against the claims resulting from any one occu�ence, (b)property damage liability insurance to protect CALTRANS and Owner, their officers, agents and employees against any liabiility for damage to property,-caused by or res�ilting from the installation, maintenance, or use of said "Pazk- and-Ride"area in the amount of not less tt�an$5,000,000 for each occurrence. 9. STATE RESPONSIBILITY FOR PROPERTY DAMAGE TO ASSETS OF OWNER CALTRANS assumes responsibility to correct any losses or damage to properiy of Owner caused (or resulting)from installation,maintenance,or use of Owner's properiy as a"Pazk-and-Ride"area to a limit of a 10,000 but not to exceed the amount to replace damaged pmpert�'and materials with those of a like kind and quality. OWNER: STATE: App�� Approved Approval Recommended DISTRICT DIRECTOR DEPARTMENT OF TRANSPORTATION by Tifle (Usually signed by the Deputy for Maintenance and Operations Property Addre,�.s City of Arroyo Grande P.O.Box 550 Arroyo Grande,CA 93421 Number of ParlQng Stalls 48 � � 8.g. �� ,�i�o�► �c� � � INCORPOAATED� M E MO RAN DU M t�t m � ,�Jlr io. »tt ,f r��FOR��P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER „�( I/"" SUBJECT: CONSIDERATION TO AWARD A CONTRACT FOR PHASE I OF THE WATER CONSERVATION PROGRAM TO MID STATE PLUMBING DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the Council: A. award a contract for Phase I of the Water Conservation Program to Mid State Plumbing in the amount of$275,515; and, B. appropriate $289,515 from the Water Neutralization Impact fund. FUNDING: The estimated unaudited amount as of June 30, 2003 in the Water Neutralization fund is $718,166.00 for the implementation of water conservation measures. It is requested that the City Council appropriate $275,515 from the Water Neutralization fund to amend the FY 2003-04 Capital Improvement Program budget plus an additional amount of $14,000 for the preparation, printing, and mailing of educational materials for the Water Conservation Program for a total of $289,515. Additional appropriations to extend the contract up to three years will be presented for Council approval each year. DISCUSSION: On May 13, 2003, the Council authorized the solicitation of public bids for the plumbing retrofit portion of the City's Water Conservation Program. On July 29, 2003, four bids were publicly opened for the project. The apparent low bidder, Mid State Plumbing submitted a bid of$275,515.00. The contract is for one year with a provision for two one-year optional contract extensions. The contract will be reviewed each year to determine if the contract will be necessa additiona I a ro riations w ill also be made at extended by the Council. If ry, pP p that time. i j CITY COUNCIL CONSIDERATION TO AWARD BID FOR THE CITY'S PLUMBING RETROFIT PROGRAM AUGUST 12, 2003 PAGE 2 � The bid by Mid State Plumbing has been reviewed for accuracy and found to be in compliance v✓ith the contract specifications, including all references. � The plumbing retrofit program is part of Phase I of the City's Water Conservation Program and consists of retrofitting the following plumbing fixtures: 1.6 gallon ultra-low- flow toilets, 2.0 gallon per minute (gpm) indoor faucet aerators, and 2.5 gpm showerheads. The program will also include checking and adjusting or installing new pressure regulators not to exceed 80 pounds per square inch (psi) where applicable. The program will concentrate on single family residences built prior to 1985. It has been estimated that there are approximately 3,700 single family residences needing retrofit. The retrofit program will start on the west side of the City, where there is the largest ' contingent of homes needing retrofit. Retrofit Request Forms will be mailed in blocks of approximately 300 at a time. Once #he forms are returned to the City by the owner/occupant, the contracted plumber will be notified to proceed with the work. Work is expected to begin in September 2003. ALTERNATIVES: The following altematives are provided for the Council's consideration: . Approve staff's recommendations; • Do not approve staff's recommendations; • Modify as appropriate and approve staff's recommendations; or . Provide dir�ction to staff. Attachment: 1. Bid Opening Log Sheet I � ! cpf:232.5409\Award Bid-City Council 8.12.03.doc i � O� pRROy�c � INCONiOAATED� V � � JUIY 10. tYtl * , c4��FORN�P BID OPENING LOG SHEET � CITY OF ARROYO GRANDE BID OPENING: July 29, 2003 ' Plumbing Retrofit Program BIDDER'S NAME, CITY TOTAL SLO Plumbing $534,250.00 Pismo Beach Mid State Plumbing $275,515.00 Grover Beach Great Rate Plumbing $421,696.00 Grover Beach Waterboys Plumbing $342,404.00 Arroyo Grande Kelly tm re Director of Administrative Services/Deputy City Clerk c: Director of Public Works City Manager � � � : F T_ �, 8.h. o� a�t�tOYQC � M1CORh0AATE � -. - � MEMORANDUM V m � ,x�r io. �f» * ��F�R��P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER „�( �� SUBJECT: CONSIDERATION OF p`HE PUBL C WORKS DEPARTMEND 3/4-TON PICK-UP TRUCKS FOR T DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City C award the b d of$22 673.64 from Mu011ahey Fo d folaa1/2- Chevrolet for a 3/4-ton truck and ton pick-up truck for the Public Works Department. FUNDING: Funding for these vehicles are and a total of$25,0003was b dgeted for the1/�2-to000u ks budgeted for the 3/4 ton truck DISCUSSION: On July 22, 2003, the City Council authorized the Public Works Department to solicit bids for one 3/4-ton pick-up truck and one 1/2-ton pick-up truck. The City received three (3) responses. Christianson Chevrolet submitted finro (2) separate bids on the 1/2-ton truck. It was determined that the bid from Christianson for the 1/2-ton truck with the 4.8L engine did not meet the specifications of the bid notice and was disqualified. It was also determined that the bids submitted did not provide for the specified extended warranty package. The bids either did not include the warranty or did not completely cover all of the main vehicle components. As a result, a revised bid summary was prepared. , � � 1 3 � i I i i � � , � I , � � ; i :, � CITY COUNCIL CONSIDERATION OF AWARD OF BID FOR 1/2 TON AND 3/4 TON PICK-UP TRUCKS FOR THE PUBLIC WORKS DEPARTMENT AUGUST 12, 2003 PAGE 2 REVISED BID SUMMARY Bid Opening: August 5, 2003 Public Works Vehicles Bidders Name/City Total 1/2-Ton 3/4-Ton 1. Mullahey Ford $22,673.64 $24,675.18 Arroyo Grande 2. Paso Robles GMC $21,583.43 No Bid Paso Robles 3. Christianson Chevrolet $25,456.44 $23,200.50 Arroyo Grande Based on the revised bid summary, the lowest bid for the 3/4-ton truck is Christianson Chevrolet. The lowest bid for the 1/2-ton truck is Paso Robles GMC. However, in accordance with the City's Purchasing Policies and Procedures Manual, the City may provide a 5% preference to each qualified local vendor. The result is that the Mullahey Ford bid for the 1/2-ton truck is $43.47 lower than the Paso Robles GMC bid. Based on the preference given to local vendors, it is recommended that Mullahey Ford's bid for the 1/2-ton pick up truck should be accepted. ALTERNATIVES: The�following alternatives are provided for the Council's consideration: — Approve staff's recommendation; — Do not approve staff s recommenda#ion; — Modify as appropriate and approve staff s recommendation; or — Provide direction to staff. Attachment: Bid Opening Log Sheet o� p,RROYOC • � � �+coRVOn�TEO 9Z c� � �t JULY /0. /911 * c��FOR��P BID OPENING LOG SHEET CITY OF ARROYO GRANDE BID OPENING: August 5, 2003 Public Works Vehicles BIDDER'S NAME, CITY � T- 3/ 1/Y t�n 4 t�n Muliahey Ford $22,318.64 (4.8L) $24,320.18 Arroyo Grande Paso Robies GMC $20,208.43 (4.8L) Did not bid Paso Robles i Christianson Chevrolet $19,080.27 (4.8L) $21,575.50 � Arroyo Grande $23,831.44 (5.3L) � � � j ; � , ; , I ` �� ' Kelly etm e, f � Administrative Services Director/Deputy City Clerk a I ; c: Director of Public Works `` City Manager ; � � ; 8.i. � pRROy� ° �� INCORPORATED 9Z " " MEMORANDUM � �,�� ,o. ,o„ ,� c4��FORN�P TO: CITY COUNCIL FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER „�y V�� SUBJECT: CONSIDERATION OF APPROVAL OF PARCEL MAP AG 01-427; LOT SPLIT BETWEEN TRANS-KING AND MIDAS BUILDINGS DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the Council approve Final Parcel Map AG 01-427, subdividing 0.88 acres into finro (2) commercial lots. FUNDING: There is no fiscal impact at this time. DISCUSSION: The City has received Final Parcel Map AG 01-427, owned one-half by the King Family Trust and one-half by Quiet Ride, Inc. The subject parcel is located at 509 and 517 East Grand Avenue, across from Oak Street. This map subdivides approximately 0.88 acres into finro (2) commercial lots. This is consistent with the approved Tentative Parcel Map 01-005. The current zoning for the property is Highway Commercial (HC). ALTERNATIVES: The following alternatives are provided for the Council's consideration: • Approve staff's recommendation; • Do not approve staff s recommendation; • Modify as appropriate and approve staff's recommendation; or • Provide direction to staff. Attachment: Exhibit 1 —Vicinity Map � PARC E L MAP AG 01 -427 VICINITY MAP �. . ,>>�� ,�. ; ,�,c �d ,: .;. .: : , >,.� � � , ..: , , . .. , . . _ � �. i �� a ��,,� s x � � �„�,k' � R ^� � x �, .¢ x �v". . b� � .Y �AY i �� 6��S'p � � . .��k� �'p . . �h�.'�s � '�'�K"��. . . . �� t ( '!�� r :; F' - � ' ..� �.. . . � A!' .,. , . .. ::¢ , � � . ,�� :r� � :::.=a.';.,: . .- . ... . . _ z _:».. F.- .. i ',si;i ' �' � '�� . :,: S. i' .,,�, k � � *� ��^.#',� .3 � "`�¢� ' �,� �� , ��5 �`, r � �4 .��"}39�� .t�S �¢r� /.�. �'G�.;� �� ..,� �' 'S��'s� '.Yj�'�� Y ..� � �- � f >,� �;�,.� �. �'w.. - � � - ...d�� 4. �tw�... �'�8�a''� ,�.� e . / R� �# � ' 4 � � � F�.� �k.r r f �� 's'4" , . . z� .� �'� . �`z''�zc � t . " � igs.�M��,F��' ��. ': �£ � ��{ff.£� . a � � �. .��,r,F s r�3, � ,y�1'. � �� ..7l�� '='t »�iR"''.s� . : .. � i. ��"k r r � 4 �3 r a �„�li�'�` • :x '�` -�� ;W , „� a�„-,.,.<;�, . 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EXHIBIT 'I NOT TO SCALE j . � pRROyp Sa. ° ��► � INCORPONATE 9= V T � ru�r �o, �e» ,� MEMORANDUM c�O��FORN�P TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO ' SUBJECT: CONSIDERATION OF EMPLOYMENT CONTRACTS, ASSOCIATE PLANNER AND ASSISTANT PLANNER POSITIONS DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council authorize the City Manager to sign the two attached Employment Agreements for Associate Planner and Assistant Planne� positions for the period from July 1, 2003 to June 30, 2005. FUNDING: The estimated maximum annual costs of these contracts are 527,716 and $40,428, respectively, for a total of $68,144 per year. Of this amount, 523,200 will be funded from Community Development part-time salaries budget (543,200); 514,000 from Community Development Contract Services budget (535,000); 516,000 from Economic Development Contract Services .budget (S59,300); and 55,000 from Community Development Block Grant (CDBG) funding (513,044►. BACKGROUND: Subsequent to FY 2003-05 budget adoption, the Community Development Department assumed some of the functions of the Economic Development Department. Along with implementation of the existing work program, this has required staffing adjustments. Associate Planner, Teresa McClish, left full-time employment in 2002 and was retained half-time to June 30, 2003, primarily assigned to the Agriculture Conservation Study and ongoing Development Code Amendments for consistency with the General Plan. It is recommended that her half-time employment agreement be extended to provide continued professional services for Traffic Way, East Grand Avenue, EI Camino Real, Halcyon Road and other proposed Mixed Use Districts, as well as to start the commercial, public facility, conservation/open space and residential zone district amendments. By June 2005 the Development Code updates should be completed and the contract concluded. To enable concentration of the contract Associate Planner on the Development Code Amendments, it is also necessary to reassign CDBG, development project review and EIR administration to other full-time staff. In addition, it is important to assign one CITY COUNCIL COMMUNITY DEVELOPMENT EMPLOYMENT CONTRACTS � j AUGUST 12, 2003 ' PAGE 2 lead person to the Economic Development Program. Assistant Pianner, Ryan Foster, has been assigned development project review and EIR administration. CDBG and other Economic Development duties are being assigned to a Planning Intern, James Bergman. Jim has recently received his Masters Degree in City and Regional Planning from Cal Poly State University and has been working on the Agriculture Conservation Study. Among the Economic Development duties already assigned to him are Fagade Enhancement Grant application administration and Small Business loan and business retention special projects. Jim is also involved in Traffic Way and South County Regional Center planning programs and other special duties related to business retention and economic development (e.g., agriculture enterprise). It is apparent that the Community Development Department requires an additional Assistant Planner for at least the next two years to provide adequate staff for the work program responsibilities, including Economic Development. Part-time student interns have been helpful, but short duration, sub-professional skills are not sufficient coverage for the ongoing professional level responsibilities. Therefore, it is recommended Mr. Bergman's intern position be upgraded to a temporary Assistant Planner position. Enclosed for consideration and approval are two employment agreements, as follows: 1 . Associate Planner, Teresa McClish, would be extended from July 1, 2003 to June 30, 2005. 2. Assistant Planner, James Be�gman, would be employed from September 1, 2003 to June 30, 2005. The positions are not permanent and would not include benefits other than hourly compensation for a maximum of forty (40) hours per week. Either position could be terminated at any time, but it is hoped that both contractors would be avaitable until the Development Code update and other special programs impacting the Department are completed. The positions will be re-evaluated at the end of the two-year period. Interns will continue to be utilized; but on a more limited basis. S:\COMMUNITY DEVELOPMENT�CITY COUNCIL PACKETS\2003\08-12-03\08-12-03 cc sr Employment Contracts.doc CITY COUNCIL COMMUNITY DEVELOPMENT EMPLOYMENT CONTRACTS AUGUST 12, 2003 PAGE 3 ALTERNATIVES: The following alternatives are provided for Council consideration: 1 . Authorize both the Associate Planner and Assistant Planner employment agreements as recommended; or 2. Authorize one of the positions and direct staff to return with a work program and schedule for the ongoing projects that can be performed by the level of staffing and contract services approved by Council; or 3. Reject both agreements and direct staff to pursue consultant proposals or defer assignments outlined for these two contract positions; or 4. Provide other direction such as budget amendment to enable permanent, full- time professional staff positions and open recruitment. S:\COMMUNITY DEVELOPMENT�CITY COUNCIL PACKETS\2003\08-12-03\08-12-03 cc sr EmploymeM CoMracts.doc i . «c EMPLOYMENT AGREEMENT This Employment Agreement is entered into this 12th day of August, 2003 between tk�e CITY OF ARROYO GRANDE, State of California (hereinafter referred to as "CITY"), and, Teresa McClish, a temporary employee (hereinafter referred to as "EMPLOYEE"). WITNESSETH: WHEREAS, CITY has need for a temporary part-time Associate Planner; and WHEREAS, EMPLOYEE represents that she is qualified to perForm the services required by this Employment Agreement; and . � WHEREAS, EMPLOYEE desires to accept temporary employment as a temporary, part-time Associate Planner, pursuant to the terms and conditions herein set forth. NOW, THEREFORE, the parties do mutually agree as follows: 1. SCOPE OF SERVICES. EMPLOYEE shall be employed by CITY as a temporary part-time Associate Planner. EMPLOYEE agrees to devote as � much time as is reasonably necessary to effectively perform the services required from a range of zero (0) hours up to a maximum of forty (�40) hours per week, and averaging 20 hours per week. 2. COMPENSATION. EMPLOYEE shall be compensated as follows: a. EMPLOYEE shall be paid at the base rate of$26.65 per hour for all hours worked within the term of the Agreement. b. EMPLOYEE shall be entitled to no other compensation or benefits. 3. TERM OF EMPLOYMENT. Employment shall commence on July 1, 2003, and shall terminate on June 30, 2005, unless terminated earlier as provided 1 i - herein. Termination of the Agreement may be effectuated by the City Manager or his designee without the need for action, approval or ratification by-the City Council. Employment may be extended by mutual agreement of the parties. 4. TERMINATION OF EMPLOYMENT FOR CONVENIENCE. Either party has an absolute right to terminate this employment at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination: Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. EMPLOYEE shall be paid for all work satisfactorily completed prior to the effective date of such termination. EMPLOYEE agrees that the notice provisions of this paragraph shall limit the liability of CITY in the event that a termination action taken by CITY pursuant to ' Paragraph 5 is subsequently found to be improper. 5. TERMINATION OF EMPLOYMENT FOR CAUSE. If EMPLOYEE fails to perform his duties to the satisfaction of CITY, or if EMPLOYEE fails to fulfill in a timely and professional manner his obligations or if EMPLOYEE shall violate any of the terms or provisions of this Agreement, or EMPLOYEE has a physical or mental incapacity that precludes EMPLOYEE from performing the duties, or if EMPLOYEE fails to exercise good behavior either during or outside of working hours which is of such a nature that it causes discredit to CITY, or impairs his ability to perform these duties, the CITY shall have the right to terminate employment effective immediately upon CITY's giving written notice thereof to EMPLOYEE. Termination shall have no effect upon the rights and obligations of � the parties arising out of any transaction occurring prior to the effective date of � � such termination. EMPLOYEE shall be paid for all work satisfactorily completed prior to the effective date of such termination. i' I i 6. NON:ASSIGNMENT OF WORK. This Agreement is intended to secure the a � individual services of EMPLOYEE and thus EMPLOYEE shall not assign, 2 transfer, delegate, or sublet this work, or any interest herein, without the prior written consent of C�TY, and any such assignment, transfer, delegation or subiet without CITY's prior written consent shall be considered null and void. 7. COVENANT. This Employment Agreement has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any clauses of this offer shall be determined and governed by the laws of the State of Califomia. All duties and obligations of the parties created hereunder are perFormable in the City of Arroyo Grande and the County of San Luis Obispo shall be that venue for any action, or proceeding that may be brought or arise out of connection with or by reason of this offer. 8. ENFORCEABILITY. If any term, covenant, condition or provision of this offer � is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9. NONDISCRIMINATION. There shall be no discrimination against any person employed pursuant to this Agreement in any manner forbidden by law. 10. CONFLICTS OF INTEREST. EMPLOYEE agrees that, during the term of this Agreement, he will not maintain any financial interest or engage in any other employment, occupation, work, endeavor, or association, whether compensated for or not, that would in any way conflict with, or impair EMPLOYEE's ability to perform, the duties described in this offer. � � 11. ENTIRE AGREEMENT AND MODIFICATION. This Employment Agreement constitutes the entire understanding of the parties hereto. This �` Employment Agreement supersedes all previous offers, agreements, i negotiations, or understandings, whether written or oral, between the parties. � a EMPLOYEE shall be entitled to no other benefits than those specified herein, and EMPLOYEE acknowledges that no representation, inducements of promises 3 not contained in this Agreement have been made to EMPLOYEE to induce EMPLOYEE to enter into this Agreement. No changes, amendments, or alteration hereto shall be effective unless in writing and signed by both parties. EMPLOYEE specifically acknowledges that in entering into and executing this Agreement, EMPLOYEE relies solely upon the �provisions� contained in this Agreement and no others. . IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Employment Agreement on the day and year first set forth above. EMPLOYEE: Teresa McClish, Assaciate Planner CITY OF ARROYO GRANDE: � By: Sfeven Adams, City Manager ; � ; 4 , EMPLOYMENT AGREEMENT This Employment Agreement is entered into this 12th day of August, 2003 befinreen the CITY OF ARROYO GRANDE, State of Califomia (hereinafter referred to as "CITY"), and, James Bergman, a temporary employee (hereinafter referred to as "EMPLOYEE"). WITNESSETH: WHEREAS, CITY has need for a temporary fuli-time Assistant Planner; and WHEREAS, EMPLOYEE represents that he is qualified to perform the services required by this Employment Agreement; and WHEREAS, EMPLOYEE desires to accept temporary employment as a temporary, full- time Assistant Planner, pursuant to the terms and conditions herein set forth. NOW, THEREFORE, the parties do mutually agree as follows: 1. SCOPE OF SERVICES. EMPLOYEE shall be employed by CITY as �a temporary full-time Assistant Planner. EMPLOYEE agrees to devote as � , much time as is reasonably necessary to effectively perform the services required from a range of zero (0) hours up to a maximum of forty (40) hours i per week. 2. COMPENSATION. EMPLOYEE shall be compensated as follows: a. EMPLOYEE shall be paid at the base rate of$19.44 per hour for all ' hours worked within the term of the Agreement. b. EMPLOYEE shall be entitled to no other compensation or benefits. : 3. TERM OF EMPLOYMENT. Employment shall commence on September 1, 2003, and shall terminate on June 30, 2005, unless terminated earlier as 1 i provided herein. Termination of the Agreement may be effectuated by the City Manager or his designee without the need for action, approval or ratification by the City Council. Employment may be extended by mutual agreement of the parties. 4. TERMINATION OF EMPLOYMENT FOR CONVENIENCE. Either party has an absolute right to terminate this employment at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. EMPLOYEE shall be paid for all work satisfactorily completed prior to the effective date of such termination. EMPLOYEE agrees that the notice provisions of this paragraph shall limit the liability of CITY in the event that a termination action taken by CITY pursuant to Paragraph 5 is subsequently found to be improper. 5. TERMINATION OF EMPLOYMENT FOR CAUSE. If EMPLOYEE fails to perform his duties to the satisfaction of CITY, or if EMPLOYEE fails to fulfill in a timely and professional manner his obligations or if EMPLOYEE shall violate any of the terms or provisions of this Agreement, or EMPLOYEE has a physical or mental incapacity that precludes EMPLOYEE from perForming the duties, or if ; ! E�MPLOYEE fails to exercise good behavior either during or outside of working , hours which is of such a nature that it causes discredit to CITY, or impairs his ability to perform these duties, the CITY shall have the right to terminate � employment effective immediately upon CITY's giving written notice thereof to ; EMPLOYEE. Termination shall have no effect upon the rights and obligations of ; the parties arising out of any transaction occurring prior to the effective date of ( such termination. EMPLOYEE shall be paid for all work satisfactorily completed prior to the effective date of such termination. 2 6. NON ASSIGNMENT OF WORK. This Agreement is intended to secure the individual services of EMPLOYEE and thus EMPLOYEE shall not- assign, transfer, delegate, or sublet this work, or any interest herein, without the prior written consent of CITY, and any such assignment, transfer, delegation or sublet without CITY's prio�written consent shall be considered null and void. 7. COVENANT. This Employment Agreement has been executed and delivered in the State of California,�and the validity, enforceability and interpretation of any clauses of this offer shall be determined and govemed by the laws of the State of California. All duties and obligations of the parties created hereunder are � performable in the City of Arroyo Grande and the County of San Luis Obispo shall be that venue for any action, or proceeding that may be brought or arise out of connection with or by reason of this offer. 8. ENFORCEABILITY. If any term, covenant, condition or provision of this offer is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. � � f 9. NONDISCRIMINATION. There shall be no discrimination against any person ' employed pursuant to this Agreement in any manner forbidden by law. 10. CONFLICTS OF INTEREST. EMPLOYEE agrees that, during the term of this Agreement, he will not maintain any financial interest or engage in any other employment, occupation, work, endeavor, or association, whether compensated : for or not, that would in any way conflict with, or impair EMPLOYEE's ability to perform, the duties described in this offer. 11. ENTIRE AGREEMENT AND MODIFICATION. This Employment Agreement constitutes the entire understanding of the parties hereto. This Employment Agreement supersedes all previous offers, agreements, negotiations, or understandings, whether written or oral, befinreen the parties. 3 i � EMPLOYEE shall be entitled to no other benefits than those specified herein, and EMPLOYEE acknowledges that no representation, inducements of promises not contained in this Agreement have been made to EMPLOYEE to induce EMPLOYEE to enter into this Agreement. No changes, amendments, or alteration hereto shall be effective unless in writing and signed by both parties. EMPLOYEE specifically acknowledges that in entering into and executing this Agreement, EMPLOYEE relies solely upon the provisions contained in this � Agreement and no others. IN WITNESS WHEREOF, CITY and EMPLOYEE have executed this Emptoyment Agreement on the day and year first set forth above. � . EMPLOYEE: ; James Bergman, Assistant Planner CITY OF ARROYO GRANDE: . By: Steven Adams, City Manager ' 4 9.a. 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 to consider the following item: STAFF PROJECT CASE NO. 03-002 - STREET NAME CHANGE. Applicant: City of Arroyo Grande Proposal: The Council will consider a street name change for the private one- way street currently named Sterling Drive, to be renamed Paulding Circle. In compliance with the California Environmental Quality Act (CEQA), the Community Development Department has determined that the proposal is categorically exempt per Section 15305 of the CEQA guidelines. , Location: Parallel to, and south of E. Branch Street between Crown Hill and Garden Street. Representative: Rob Strong, Community Development Director Any person affected or concerned about the proposal 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 proposal at the time of the hearing. Information relating to this proposal is available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at (805) 473-5440 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposal will be 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, August 12, 2003, 7:00 p.m. Place of Hearing: Arroyo Grande City Council Chambers, 215 East Branch Street Arroyo Grande, CA 93420 � U�4�2s�� Kelly W mor Director of Administrative Services/Deputy City Clerk !i Publish 1T, Friday, August 1, 2003 II, (Pursuant to AGMC 12.04.060, 10 days prior to the meeting, mail notice to each property owner of record along portion of Sterling Drive to be renamed.) pRROr� I o� ��, � � INCORPORATED 92 V T * JUIY 10, 1911 7� c4��F�RN`P MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF STREET NAME CHANGE FROM STERLING DRIVE TO PAULDING CIRCLE DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council adopt a resolution renaming Sterling Drive to Paulding Circle. FUNDING: No cost impact is projected. DISCUSSION: Municipal Code Section 12.04.060 provides that the City Council hold a public hearing to consider street name change proposals after receiving the recommendation of the Planning Commission. The developer, Richard DeBlauw, requested a name change after the Lot Line Adjustment map was recorded, proposing E.C. Loomis Circle rather than Sterling Drive. Both names are from historically important families involved in the community, and both have similar street names in the City and region covered by emergency response calls. The altemative name of East Village Plaza Circle was also proposed, but was considered too long or, when abbreviated, might be confused with other names such as Village Court, Village Glen Drive, and/or Plaza street names. As a result the developer has now proposed the street be renamed to Paulding Circle. The Fire Chief has reviewed the proposed name change and determined that it would not result in any confusion for emergency dispatch functions. The ; CITY COUNCIL CONSIDERATION OF STREET NAME CHANGE FROM STERLING DRIVE TO PAULDING CIRCLE AUGUST 12, 2003 PAGE 2 proposed name was reviewed and recommended by the Planning Commission at their June 3, 2003 meeting. ALTERNATIVES: The following alternatives are provided for City Council consideration: — Approve the street name change to Paulding Circle; — Suggest other alternatives; — Postpone final action on or reject the resolution; or — Provide other direction to staff. Attachments: 1. Aerial photograph of the project site. 2. Project site plan. , � '� I�� I II I I ' I I 'I II S:\COMMUNITY_DEVELOPMENT�CITY COUNCIL PACKETS�2003\0&12-03�cc sr Street Name Change Sterling to � Paulding.doc � i _ . _ ___ _ _ — — - --- __ _-�1 RESOLUTION NO. � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF - ARROYO GRANDE APPROVING STAFF PROJECT 03-002; RENAMING STERLING DRIVE TO PAULDING CIRCLE WHEREAS, the developer has requested that Sterling Drive be renamed Paulding Circle; and WHEREAS, the Planning Commission of the City of Arroyo Grande held a public hearing on June 3, 2003 �in accordance with City Code and unanimously recommended the street name change; and WHEREAS, the Planning Commission found that this street name change is consistent with the City's General Plan and Development Code; and WHEREAS, the Planning Commission has reviewed this project in compliance with the California Environmental Quality Act (CEOA) and has determined that the project is Categori�ally Exempt per Section 15301 of the CEQA Guidelines; and WHEREAS, the City's Police, Fire and Public Works departments all support this name change to improve emergency response, and no adverse comments have been received after public notice to property owners, .post office and utility companies; and WHEREAS, the City Council finds afte� due study, deliberation and public hearing, the following circumstances exist: FINDINGS FOR APPROVAL That changing the name of Sterling Place to Paulding Circle will alleviate confusion for the response of emergency vehicles and be of benefit to the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo � Grande hereby approves renaming Sterling Drive to Paulding Circle. ; I AYES: ', NOES: I ABSENT: � the foregoing Resolution was adopted this 12`" day of August 2003. RESOLUTION NO. ; PAGE 2 � . TONY M. FERRARA, MAYOR ATTEST: KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: , TIMOTHY J. CARMEL, CITY ATTORNEY �: i ; � _ _ ---- _----- I � �l . . '___ � . +,� �� / � +�;,. , � (� !n .._.._ , _ • a � � `� ,(„� � k�, 1 • � `k 1k' `) r;�,:i� S r �� r S h *• �iyp !4. . ",I' T' Y y Y• �!' y w Ah � ,*rj�� 1..> ;;�i,y' �rta ,+,;. . ,� 'iy,�� `" : ` , ,� ' + �� y 4 �'.. � ��k� ' ."`��, ..,�., � ` �e �"�{ � . � . �ri�s+u �, ' .y� \� � , .+k,'� ,. , 4 : . . . . . �<,v� . ..:,, ,.,. i i , .�,�.;. 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' . . . ,wiw� MYLL M�.MrMwtMwprl��ybMy ___ �+�-�:"s`� � ��';a►�l �:F4s.r- .� � !,_' I .. .. � . M�t��N��tiPF�/.r leyMlM ��_�� . .� .� . - Vl�M�"�MKi'�GY��1'q. ipdMa �I ' DA : .B OE&CN{NY: . fEAL: Kf01[C�R YYti�f OWifO�k SCKC: NLC�CMO[0 �TMM Mt � tit ODJI r � -�� _ VA k`�IdN SIIRVF�!a p� � � FD++ e�« ` � a��a CITY OF ARROYO CRANDE `�p — - uO/IMwstl.,N.ti. � . r na. u.0 ..[a,a,a: � � � �a�s , p.i� � we . . . - .. ��y+��e rmr � "�• „n. DEPARTMENT OF PUBUC WORKS �-pZ - onw�lA0.v?s�-SVS / /�� 8/ld�!'8%I18� /an fe0y796947.5 ��r� sr1arwet�ceaafw d•U-O/ � W 8 qar . •�'..�• wnscr� KRT. � wR Plan �O ��i��' e�aw.nwr�q�arrryrysan. �°0Ma[an� .Y»�" . .�91��fVC i. � � � AttaChment 2 9.b. CITY OF ARROYO GRANDE CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING I I NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a ' continued Public Hearing to consider the following proposal: CASE NO. Development Code Amendment No. 02-006 APPLICANT: City of Arroyo Grande LOCATION: Village of Arroyo Grande PROPOSAL: . Consideration of proposed Ordinance amending the Zoning Map and Arroyo Grande Municipal Code Title 16, Chapter 16.36 to rezone the Village Commercial District and portions of the General Commercial and Office Professional Districts to Village Core Downtown, Village Mixed Use, Village Residential and Single Family Residential; revise land use regulations in Title 16 to address requirements for mixed use districts and approval processes. ENVIRONMENTAL DE�ERMINATION: The proposed activity is within the s�ope of the Program EIR prepared for the 2001 General Plan Update. REPRESENTATIVE: Rob Strong, Community Development Director Any person affected or concerned by these proposals 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 proposals at the time of hearing. Information relating to these proposals are available at the Community Development Department, located at 214 E. Branch Street, Arroyo Grande, California, or by telephone at(805)473-5420 during normal business hours (8:00 a.m. to 5:00 p.m.). The proposed project applications are 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 hearings described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearings. 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. Time and Date of Hearing: Tuesday, August 12,2003, at 7:00 P.M. Place of Hearing: Arroyo Grande City Council Chambers 215 E. Branch Street Arroyo Grande, California 93420 �-- Kelly Wetmor , Director of Administrative Services/ Deputy Ciry Clerk �I, Publish 1 T, 1/8 page, Friday, August 1, 2003 � I 1 o� pRRO►►�c � INCORPORATE � � "� MEMORANDUM # ,xur ,o, ,a„ * c��FORN�p TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTORR� BY: TERESA MCCLISH, ASSOCIATE PLANNER��V�/ SUBJECT: CONTINUED PUBLIC HEARING — CONSlDERATIUN OF DEVELOPMENT CODE AMENDMENT CASE NO. 02-046 TO REVISE ZONING REGULATIONS FOR TNE VILLAGE C�OINlI�RCIAL LL�3TRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council introduce an Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 02-Ot�), rezoning the Village Commercial District and portions of the General Commercial and Office Professional District to Village Core Downtown (VCD), Village Mixed Use (VMU), Village Residential and Single Family Residential; revising land use regulations to address requirements for Mixed Use districts and approval processes. FUNDING: No fiscal impact. DISCUSSION: �adcground In October 2001 the City Council adopted the updated General Plan, which included an expansion of the Village Core and several objectives, policies and imple�mentation measures conceming mixed uses in the former Village Commercial district and other zones within the Village area. State law requires consistency between a city's general plan and zoning ordinance, requiring revisions to the City's Municipal Code which contains the zoning regulations. In order to implement General Plan objectives, staff is proposing a series of revisions to Title 16 of the MuniGipal Code (also referred to as "Development Code") commencing with commercial and mixed use regulations and focusing on the Village Core before proceeding with subsequent revisions relating to the Traffic Way corridor, East Grand Avenue, EI Camino Real, neighborhood mixed use, regional commercial, and residential � districts. � �� On January 15, 2003, two public workshops were held to discuss preliminary revisions to � the Development Code and Zoning Map relating to the Village Commercial District, h . .-_.-_ _... . . .._ . . . . . _ .. �: CITY COUNCIL DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE ZONING REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICT3 AUGUST 12, 2003 PAGE 2 OF 9 portions of the General Commercial and Office Professional Districts in the vicinity of the Village area to gain public input prior to public hearings. The Staff Advisory Committee periodically reviewed itemized descriptions of Development Code deficiencies and conflicts prepared with assistance from former Community Development Direator Kerry McCants during the fall and winter of 2002 - 2003. The Architectural Review Committee reviewed preliminary revisions for commercial and mixed use regulations and proposed zoning districts for the Village Core on February 4, 2003. A series of public hearings were held by the Planning Commission on February 4�' and 18th, April 1� and June 17�' of this year in addition to the July 15, 2003 public hearing at which the attached Planning I Commission Resolution was approved recommending adoption of the proposed Ordinance (please refer to Attachment 1 for public meeting minutes and Attachment 2 for the Resolution). Additionally, General Plan Amendment Case No. 03-001 was approved by the Council on April 22, 2003 designating the properties surrounding the Nelson Green as Village Core on the General Plan Land Use Map and which are now proposed to be zoned Village Mixed Use to facilitate any desired adaptive reuse of residential structures for that area. Proposed boundaries of the proposed Village districts were discussed at the City Council meetings of April 22, 2003. The boundary of the Village Core Downtown district is currently proposed with an easterly border at Tally Ho Creek as shown in Exhibit A. Lastly, a request submitted by Ms. Freitas to include their residential property at 122 and 124 Allen Street into the proposed VMU district was tentatively approved by City Council on June 24, 2003. Proqosed Ordinance The proposed Development Code revisions include the following: ❖ Revisions to the Zoning Map (Exhibit A); and ❖ Amendments to portions of Arroyo Grande Municipal Code Chapters 16.04, 16.12, 16.16, 16.24, 16.36, 16.48, 16.52, and 16.56 relating to use permit approval in Mixed Use Districts and Development Code standards for the Village Core Downtown and Village Mixed Use districts (Exhibit B). Zoning Map Revisions The City Council approved the General Plan Update in October 2001 with a revised Land a Use Element ma and olicies to ex and the Villa e Core area to � p p p g perpetuate an historic �, and pedestrian oriented character, for resident, tourist-serving commercial and office � mixed-uses. The proposed zoning revisions are intended to implement and define the � policies and goals of the General Plan Land Use Element relating to the Village Core (VC) classification. LU6 states that the "VC area shall be sustained, enhanced and i S:ICOMMUNITY_DEVELOPMENTICITY COUNCIL PACKETS12003108-12-03W8-12-03 cc sr DCA 02- ! � OO6.doc � - -- __ _ � CITY COUNCIL DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE tONING REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12, 2003 PAGE30F9 expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists." The proposed districts accomplish this objective as follows: 1. The Village Core Downtown (VCD) is a distinct zoning district emphasizing pedestrian character and uses that emphasize retail and tourist related functions to reflect and be compatible with the historic, small town focal point of the Village. 2. The Village Mixed Use (VMU) district provides a transitional extension of the Village Core Downtown area towards the surrounding residential districts and highway vicinity. This district allows more flexibility in devetopment that may not be a desired fit in the VCD yet is compatible by emphasizing uses and standards that contribute to the character of the entire Village Core area. 3. Each district emphasizes mixed uses to provide both housing opportunities and vitality to the Village Core area. 4. Design Overlay 2.4 — an overlay combining district which was recently amended to require adherence to the updated Design Guidelines and Standards for Historic Districts, is designated as the Historic Character Overlay district (HCO) to ensure projects meet design criteria to reflect the area historic features. 5. The VMU extends to the area of Traffic Way and Station Way. (The southern section of Traffic Way will be addressed in future zo�ing updates.) Although the character of this area is more diverse, the p�oposed zoning facilitates connectivity to the VCD. The Traffic Way and Station Way area is not, however, included in the HCO district. The proposed Development Code amendment includes a division of districts within the Village Core land use designation into the VCD for those parcels fronting West and East Branch Street from Wesley Street east to Tally Ho Creek. The proposed VMU district includes the remaining parcels within the ViUage Core, extending to a portion of the Tra�c Way and Station Way area and excluding some residential parcels formally included in the current Village Commercial district. Four lots on the eastern edge of the VC district are being rezoned to Single Family Residential and seven lots on the west side of Whiteley zoned Office are proposed to be Village Residential consistent with the 2001 General Plan. } 6; The City Hall parcel is not currently proposed for a change in zoning since the focus of a; this round of revision is the Village Commercial district. The property is included in the ;:; VCD area of the Design Overlay district (D 2.4) and is subject to design criteria !' characteristic of the Village downtown. A feasibility study is currently being conducted for � i S:\COMMUNI'TY_DEVELOPMENT�CITY COUNCIL PACKETS12003�08-12-03108-12-03 cc sr DCA 02- 006.doc _ E _ _ , cinr couNCi� DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE ZONING REGUU4TIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12, 2003 PAGE 4 OF 9 City offices and subsequent zoning revisions for the public facility and/or senior housing districts will include a discussion of whether the City Hall property should be zoned public facility or VCD. The zoning districts are proposed to be revised as depicted in Exhibit "Au and as follows (for reference, the relevant portion of the Zoning Map is included as Attachment 3): �; � �•�� °, Vlllsge Commercial • Village Core Downtown(VCD)- ��1 Parcels faciny W�st Branch and � East Branch ba�n W�sl�y Street and Tally Ho Cn�k • Village Mixed Use(VMU) • Single Family Resldsrrtial(�F)- East Branch and Qardon 8tnat General Commerclal . Village Mlxed Usa (VMU) (GC� vicinity of Trafflc Way Offlce Profasslo�al _� • Village AIUxQd Use(VINU)-�ast- (OF betwea�Mason side 3outh Mason Str�t Strset and VYhitely Stroet • Vlllage Residential(VR)-west- side Whtteley Streot Adaptive reuse of existing residential buildings is encouraged around Nelson Green and south of Arroyo Grande Creek and along Mason and Le Point Streets in particular. Amendments to Municinal Code: The proposed revisions to the Municipal Code are contained in Exhibit B of the Ordinance. (Note: because sections are in legislative format some formatting issues remain and will be addressed in final production of the documents.) 1. Chapter 16.04 Definitions - revisions to Table16.36.030-A "Uses Permitted Within Commercial Districts", required the inclusion of new definitions. 2. Chapter 16.12 Development Review Process — development review process revised to indicate a consent agenda reporting requirement for Minor Use Permits �' to allow notice for existing appeal provisions and to report to the Planning � Commission on administrative approvals. Conversely, some approvals that used � to require a public hearing are proposed for consent agenda reporting. 3. Chapter 16.16 Land Use Permits and Approvals — establishes the Minor Use ' Permit as an administrative review for certain types of use permits. The current � I S:\COMMUNIN DEVELOPMENIICITY COUNCIL PACKETSt2003108-12-03108-12-03 cc sr DCA 02- 006.dx __ , - — _ _ � CITY COUNCIL DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE ZONING REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12, 2003 PAGE 5 OF 9 corresponding process is the plot plan review, which is proposed to be substituted with the MUP. New language also references requirements for concurrent project processing. 4. Chapter 16.24 Zoning Districts Designated —designates the VCD and VMU zoning districts and removes the Village Commercial district designation. 5. Chapter 16.36 Commercial and Mixed Use Districts — permitted uses and development standards have been developed for the proposed VCD and VMU districts. A density allowance of 15 dwelling units/acre has been proposed to address residential uses. Regarding development standards discussed at previous meetings; minimum lot sizes have been reduced, building height remains at 30 feet, but allows three-stories, and a setback range is depicted instead of a minimum yard requirement. A requirement has been added for the provisio� of fire sprinklers for buildings within the VCD and VMU districts. Additionally, the format for development standards has been changed to facilitate handouts for public distribution. Eventually, after Development Code amendments have been processed for the other commercial districts, the current tables will be entirely replaced with the proposed version. 6. Chapter 16.48 General Development Standards — a section for mixed use projects has been added to the chapter to de�ne requirements applicable to mixed use projects, including design, performance standards and special findings for approval. 7. Chapter 16.52 Speci�c Use Development Standards — revision establishes Minor Use Permit requirement for large family day care facilities. 8. Chapter 16.56 Parking - parking revisions include acceptance of in-lieu fees to a�low off:street parking reductions for the combined VMU and HCO district. The � � proposed policy for common parking inctude an additional 10% reduction. These provisions allow flexibility for projects on limited parcel sizes and over time will i facilitate shared parking areas within the VMU/HCO area. � I IS.SUe.� f Issues discussed at previous hearings included the boundaries of the proposed Village � Core Downtown District (VCD) and the proposed Village Mixed Use district (VMU), r maximum building height, density for allowable residential units, the facilitation of ; adaptive re-use of residences in the VMU district, allowed uses and property ; development standards. � � S:ICOMMUNITY DEVELOPMENIICITY COUNCIL PACKETS12003�08-12-03108-12-03 cx sr DCA 02- 006.doc _ � ---- � cinr couNCi� DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE ZONING REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12� 2003 PAGE 6 OF 9 1. Regulations for Mixed Use: Provisions for mixed use districts are included in Chapter 16.36 a�d requirements for mixed use projects are included in Chapter 16.48. Attachment 4 is a letter submitted by residents in the current Village Commercial district proposed to be VMU with concerns regarding application review for businesses within 50 feet of a residence that proposes operating outside normal business hours, and suggest administrative review in the form of a Minor Use Permit (MUP) if the proposal is within 300 feet of a residence. The Planning Commission revised the requirement in Section 16.48.060.D to require a MUP to operate outside the hours of 8:OOa.m. —6:OOp.m. within 100 feet of a residential unit. 2. Maximum Building Height: � The maximum height for structures in the Village Commercial district is 30 feet or 2 stories whichever is less. The proposed height for the VCD and VMU is 30 feet or three stories. Below is a representation of some of the building heights in the Viliage area. 'E' �`"'rFyy. �i y �,:a> __� * d' 'a.: ..` Old catholic church �Amanda's Interiors � � � 25 feet includin s#ee le Old Brisco Hotel Andreini's 25 feet Grant 8uildin 30 feet on Brid e St., 25 feet at E.Branch Loomis Barn 25 feet Bumardo'z 20 feet A recommendation of 35 feet was discussed for the VCD district to facilitate potential residential units above commercial uses toward intensi�cation of the proposed two and a half block downtown area. Previous zoning ordinances included a height of 40 feet for the Village area (old C-1 district) which was subsequently scaled back to 30 feet. ' However, given the character and existing heights in the district, the current proposal retains the 30-foot height maximum with a provision that any height exception may not ' exceed 36 ft. i � 3. Density for allowable residential units in the VCD and VMU dist�icts: The General Plan discusses a maximum density of 25 dwelling units an acre for Mixed ' Use districts but does not discuss a maximum density spec�c to the Village districts. The proposal includes a maximum density of 15 dwelling units per acre (with a potential ' for a 25% density bonus for affordable housing (which equates to 18.75 dwelling units per � acre) for these districts. An example of this density (calculated by current density definition) for a pending project is East Village Plaza, which would be allowed a maximum of 36 dwelling units. However this project, as approved, is predominantly commercial with an optional residential density of approximately 10 units. Most mixed use districts in other jurisdictions allow densities of 15 dwelling units per acre or higher because mixed use projects are constrained by the commercial or office portion of the development and ' design requirements. ; S:\COMMUNITI(_DEVELOPMENTICITY COUNCIL PACKETS�2003108-12-03108-12-03 cc sr DCA 02- 006.doc CITY COUNCIL DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE ZONING REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12, 2003 PAGE70F9 An alternative discussed by the Commission and included in the proposal, includes the following method of calculating density for mixed use developments or developments in mixed use zones: �� ,3 Live/Work Unit � �.5 � tudio 5 1-bedroom .75 -bedroom � -bedroom 1.5 -bedroom 2 A live work unit can be defined as: An integrated housing unit and working space, occupied and utilized by a single household in a structure, either single-family or multi-family, that has been designed or structurally modified to accommodate joint residential occupancy and work activity and which includes: I. Complete kitchen space and sanitary facilities in compliance with the City building code; and II. Working space reserved for and regularly used by one or more occupants of the unit. Currently the Development Code allows residential units above commercial uses in the Village Commercial district but does not designate a maximum density. 4. Adaptive Re-use: Adaptive reuse of existing residences was raised as an issue during the Development Code revision process. This issue is addressed in Chapter 16.36 in the description of the � VMU district and location of residential uses, in 16.56.020 allowing off-site shared ? parking, and 16.48.050 regarding residential conversions. � 5. Allowed Uses: ' The use table in Section 16.36.030A-1 includes updated and reorganized categories of land uses. The proposal maintains a use-base code, versus a code based strictty on building type, to better direct the uses and character of individual mixed use and commercial districts. Many categories are intended to generalize land uses into a � broader category, for example, general retail, which then is broken into size categories allowing for ministerial review for smaller retail operations and discretionary review for larger ones .without listing specific retail uses out separately. Additionally, some use categories are included to allow for modern industry, telecommunication facilities for example. The use Table 16.36.030 A-1 will eventually replace Table 16.36.030 A in its entirety after all mixed use and commercial districts are addressed. Until then the columns will be deleted and replaced accordingly. S:\COMMUNITY_DEVEIOPMENTICITY COUNCIL PACKETS12003W8-12-03108-12-03 cc sr DCA 02- 006.doc cmr couNCi� DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REVISE tONING REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTION8 OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12, 2003 PAGE80F9 6. Development Standards— Minimum Lot Size and Setbacks: Revised property development format and standards are proposed in new Tables 16.36.040A-1 and A-2, and include a decrease in the minimum lot size as well as a setback range. The current minimum lot size is 5,p00 square feet for the Village Commerciel district which remains the same for the proposed VMU district. The proposed lot size for the VCD district is 2,500 square feet reflecting the current range of lots sized for the downtown area and therefore decreases the number of lots that are nonconfonning due to their size. Similarly, the proposed lot width is 40 feet, a decrease from 50 feet cuRently required in the �Ilage Commercial district. There is no minimum lot depth proposed to provide some flexibility in site design as this is function of minimum lot araea and minimum lot width. ', Attachments 5 and 6 respectively include an inventory of lot sizes for the proposed districts and an aerial photo for reference. Setbacks are revised to include ranges in many instances, instead of a minimum. For example, front yard setbacks for the VCD and VMU districts are proposed at zero to fifteen feet, a change from the current zero foot setback required currently in the Village Commercial district. The requirements for the VCD state that structures are typically built at the back of sidewalk and that exceptions include entrance courtyards and arees for outdoor dining as determined through the discretionary process. This corresponds to the standards in the Design Guidelines and Standards for Historic Districts, which further describe requirements for building orientation and design. Uacomina Zoning Revisions The next round of proposed revisions will concem the Traffic Way area currently zoned � Highway Commercial. Depending on further study of the Traffic Way corridor, some � refinements of the VMU district may be proposed for properties abutting Highway � Commercial zoned propeities on Traffic Way. Subsequently, zoni�g revisions for the East ' � Grand Avenue Corridor will be proposed for consideration including the service stations zoned Highway Commercial on the eastside of Freeway 101. Public Comments 700 notices were sent out on January 6, 2003 and an ad published in the Times press ! Recorder for Planning Commission public hearings, some of which were continued due to � impacted agendas. Two public workshops were held January 15, 2023 i� the City Council Chambers. On March 21, 2003, 769 public hearing notices, including meps, were mailed out conceming the General Plan Amendment 03-001 and Development Code Amer�dment 02-006 for the City Council hearing on April 22, 2003. A subsequent 1/8 page n�ice was placed in the Times Press Recorder on Friday, June 6, 2003 and an additional 400 notioes were sent out to property owners within 300 feet of the affected zoning districts for the public hearing held by the Planning Commission on June 17, 2003 in which the proposal was discussed and continued to July 15, 2003. Lastly, a one-eighth page notioe with maps was published on Friday, August 1, 2003 for tonight's public hearing, and notioes were ' mailed to surrounding property owners. S:\COMMUNIN DEVELOPMENT�CITY COUNCIL PACKETS12003W8-12-03W8-12-03 cc sr DCA 02- 006.doc CITY COUNCIL " DEVELOPMENT CODE AMENDMENT CASE NO. 02-006 TO REYISE ZONING � REGULATIONS FOR THE VILLAGE COMMERCIAL DISTRICT AND PORTION8 OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICTS AUGUST 12, 2003 PAGE90F9 Environmental Determination The proposed change of zones and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update, and the potential environmental impacts of the proposed amendment are determined to be less than significant. ALTERNATIVES: The following alternatives are presented for Council consideration: - Modify and introduce ordinance; - Direct staff to make revisions and continue item to a date certain; - Do not introduce the ordinance; - Provide direction to staff. Attachments: Ordinance amending portions of Title 16 of the Arroyo Grande Municipal Code (Development Code Amendment 02-006), rezoning the Village Commercial District and portions of the General Commercial and Office Professional District to �Ila�e Core Downtown (VCD), Village Mixed Use (VMU), Village Residential and Single Family Residential; revising land use regulations to address requirements for Mixed Use districts and approval processes. Exhibit A- Amendments to Zoning Map Exhibit B- Municipal Code Amendments ; 1. Planning Commission minutes February 4, 2003, February 18, 2003, April 1, 2003, � June 17, 2003, July 15, 2003 2. Planning Commission Resolution from July 15, 2003 3. Current Zoning Map � 4. Letter form "Residents in Proposed Village Mixed-Use Zone" dated July 15, 2003 5. Inventory of Village area parcel sizes 6. Aerial photo of Village area S:\COMMUNITY DEVELOPMENT�CITY COUNCIL PACKETS12003108-12-03�08-12-03 cc sr DCA 02- OO6.dx • ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING PORTIONS OF TITLE 16 OF THE ARROYO GRANDE MUNICIPAL CODE (DEVELOPMENT CODE AMENDMENT 02-006), REZONING THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICT TO VILLAGE CORE DOWNTOWN, VILLAGE MIXED USE, VILLAGE RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL; REVISING LAND USE REGULATIONS TO ADDRESS REQUIREMENTS FOR MIXED USE DISTRICTS AND APPROVAL PROCESSES. � WHEREAS, the City Councii adopted the updated General Plan which became effective November 10, 2001 and requires a comprehensive review and necessary revisions to the Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with � Government Code Section 65860; and i % WHEREAS, the City Planning Commission held public hearings on August 20, 2002, ,I February 4, 2003, February 18, 2003, April 1, 2003, June 17, 2003 and July 15, 2003 and , recommended certain amendments to the Arroyo Grande Municipal Code concerning the Village Core land use designation for the purposes of General Plan consistency and implementation of its goals and policies; and WHEREAS, the City Councif has considered Development Code Amendment 02-006 at a duly noticed public hearing on August 12, 2003, in accordance with the Arroyo Grande Municipal Code, 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, Planning Commission recommendations, 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. The proposed change in zone and revisions to Title 16 will satisfy Objective LU6 of the Land Use Element of the General Plan, which states "The historic Village Core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and .unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists", and is therefore desirable to implement the provisions of the General Plan. B. The proposed change in zone and revisions to Title 16 reflect that both the existing zones and proposed zones are predominantly commercial, contain historical residential uses, promote continued mixed uses and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. ORDINANCE NO. PAGE 2 C. The proposed change of zones and revisions to Title 16 satisfy Section 16.36.010 of the Municipal Code, which states "It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies, and that are aimed toward the provision•of adequate and appropriate commercial areas within the City". D. The proposed change of zones and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update, and the potential environmental impacfs of the proposed amendment are less than significant. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande, as follows: SECTION 1: The above recitals and findings are true and correct. SECTION 2: Arroyo Grande MuniEipal Code Section 16.24.020 (Zoning Map) is hereby amended as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3: Arroyo Grande Municipal Code Sections set forth hereinbelow are hereby amended as shown in Exhibit "B" attached hereto and incorporated herein by this reference: a. Amend Sections: 16.04.070.C., 16.12.150.6., 16.12.030, Table 16.12.030-A, Table 16.12.030-B, 16.16.050.B., 16.16.060, 16.16.100.A., 16.16.100.B., 16.16.120, 16.16.130, 16.16.190, 16.16.210.A., 16.16.210.B., 16.16.210.C., 16.16.210.E., 16.24.010, 16.24.020, 16.24.030, 16.36.010, 16.36.020, 16.36.030, Table 16.36.030-A., 16.48.050, 16.48.060, 16.52.120.B., 16.56.030 and 16.56.050; b. Add Sections: Table 16.36.020-A, Table 16.36.020-B., Table 16.36.020-C., Table 16.36.030-A1, 16.48.065 and 16.56.020.C.; c. Delete Sections: 16.36.040, Table 16.36.040-A, 16.36.050. SECTION 4: All references in the Arroyo Grande Municipal Code to "Planning Director" shall be changed to "Community Development Director". SECTION 5: All references in the Arroyo Grande Municipal Code to "Architectural Advisory Committee" shall be changed to "Architectural Review Committee". SECTION 6: 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 any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 7: Upon adoption of this Ordinance, the Director of Administrative Services shall file a Notice of Determination. ORDINANCE NO. PAGE 3 SECTION 8: 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 Ad�ninistrative 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 pubtished again, and the Director of Administrative Services/Deputy City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 9: This Ordinance shall take effect thirty (30) days after its adoption. 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 . � � ORDINANCE NO. PAGE 4 TONY M. FERRARA, MAYOR ATTEST: KELLY�WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK APPROVED AS TO CONTENT: ' STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY i .� -- -- ��/'� .�,�" `,�� ;,` �� • ` � � . � �� i •ir .� .. . . ,� ��. �� • . � : � !� . �,�I ♦ . • . 1 �. w .. ♦ ► ♦ ♦ :. .�.� �� ► ♦ ��. .::: . �� .. � � .�� r11 � � �o� ..••�� . -� ,, •• � �,��. � :.. �� • ► � , �r�� ► � �� .�• \ � � ♦ �►�► � � ♦ \ ■ .•,� �� ♦ .� ,J� •• �� I .r . ,. ♦ ♦ ♦ � ► ��/ `A .. i ♦ ♦ ��- � . ♦ � ♦ ��I�I_. ,,.. ♦ ♦ . � ♦ ♦ , ,�� , . � � - , � �� ♦�� 11111�� . � � .� � � � ♦ 111� � � ♦ ♦ � � �� ♦ ` • 1111i :.•. �� ♦ .�� ♦ �11111� � D .,♦ r�r .- � �• �s1 i� ♦ ♦ O �'` ♦ i ♦ i i , o � ♦ .. �i �� ♦ �� ♦ t' . ., �►� i � �� . ♦ . ♦ ♦ � �e �' �. ♦ � ♦ .. ♦ ,� ♦ i i ♦ ♦ � � � �♦ ♦ ♦ �► � �.�E � ♦ ♦ . - � :,,:� ..�� o� �� .� . • . • �� i� ♦ ♦ . ♦ ♦ , ♦ i • ♦ ♦ ♦ ��♦ ♦ � ♦ ♦ . � ♦ ♦ �� . ♦ ♦ ♦ ♦ ♦ � ♦ ♦ ♦ ♦ ��_..�i� .,.�� ,, �� . � y � �� , ' •�• -• .�- • • � ,` �: �� ! . - ♦ ♦ �- ♦ � ♦ �. ♦. � �� .. ... . . .. . . . �� _ �� ♦ ,. � • �► .._ _, _ •� ♦ . ��_ ��• � ... .. .. . I li EXHIBIT B 16.04.070.C. Definitions (note to codifier; these definitions are bein_q added to section 16.04.070.C.) -A- Accessorv Retail: The retail sale of various products, or the provision of certain personal services within a health care, hotel, office, or industrial comqlex, to employees or customers. Examples of these uses include pharmacies, qift shops, and food service establishments within hospitals; convenience stores and food service establishments within hotel, office and industriat complexes; and barber and beautv shops within residential care facilities. � Adult Dav Care: A dav care facilitv providinq care and supervision of adult clients. Aaricultural Products Processinq: The processinq of harvested crops to areaare them for on-site marketing or processinq and packaging elsewhere. Examples of this land use include the following: alfalfa cubing, corn shellina, cotton qinninq, custom qrist mills, custom millina of flour, feed and qrain, dairies (but not feedlots, see instead "Livestock Oqerations, Sales Yards, Feedlots, Stockyards"), drvinq of com, rice, hav, fruits, and veqetables, qrain cleaninq and custom qrindina, hay balinq and cubinq, pre- , coolinq and packaqing of fresh or farm-dried fruits and veaetables, storina, qradinq and I packina of fruits and veqetables, and tree nut hullinq and shellinq. ��, . i Antique• Any article that because of its age raritv or historical siqnificance has a I monetarv value Qreater than the original value; provided, that for the puraose of this code the term "antique" shall not include motor vehicles, industrial or farm eQUipment. Alcoholic Beveracte Sales: The retail sale of beer, wine, and/or distilled spirits for on- � premise or off-premise consumption. Artisan Shop: A retail store sellinq art�qlass, ceramics, iewelN, paintinqs, sculpture, and other handcrafted items, where the store includes an area for the craftina of the items being sold. Artisan/Craft Product Manufacturina: Establishments manufacturinq and/or assemblinQ small qroducts primarilv bv hand, includina iewelrv, potterv and other ceramics, as well as small qlass and metal art and craft products. Automated Teller Machine (ATM): Computerized, self-service machines used bv bankinq customers for financial transactions, includinq deposits, withdrawals and fund transfers without face-to-face contact with financial institution personnel. The machines mav be located at or within banks, or in other locations. Does not include drive-up ATMS; see "Drive-Throuqh Services." Automotive and Vehicle Services- Maior Repair or Bodv Work: Repair facilities dealinq with entire vehicles. These establishments provide towinq, collision repair, other bodvwork, and paintirig services. - Automotive and Vehicle Services- minor Maintenance or Reuair includin4 Tire Services: Minor Facilities that sqecialize in limited aspects of repair and maintenance. � includinq vehicle washinq (e.q., muffler and radiator shoqs, puick-lube, etc.) and other minor services. Automotive, Vehicle Parts Sales w/ Installation Services: A store that sells new automobile parts, tires, and accessories. May also include minor parts installation. Automotive and Vehicle and Heaw EQUipment Sales and Rental: A retail establishment sellinq and/or rentinp automobiles, trucks, vans, heavy equipment, and motorcvcles. Mav also include repair shops and the sales of par�s and accessories, incidental to vehicle dealerships. Also includes mobile home, RV, boat, and heavv equipment sales and rentals. Does not include the sale of auto parts/accessories separate from a vehicle dealership or businesses dealing exclusivelv in used parts. -B- Bank and Financial Services: Financial institutions includinq: banks and trust comqanies, credit aqencies, holding (but not primarily operatinq) companies, lendina and thrift institutions, other investment companies, securities/commoditv contract ' brokers and dealers, security and commodifv exchanges, vehicle finance (eQUitv) leasinq aaencies. See also, "Automated Teller Machine." Bar/Tavern/Niqht Club: A business where alcoholic beveraqes are sold for on-site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, and similar establishments where any food service is subordinate to the sale of alcoholic beveraqes. Mav also include beer brewinq as part of a microbrewerv ("brew- pub") and other beveraqe tasting facilities. Does not include adult-oriented businesses. Buildinq and Landscape Materials Sales: A retail establishment sellinq hardware, lumber and other larqe building materials, plant materials, and other landscapinq materials. Includes paint, wallpaper, glass and fixtures. Includes all such stores sellina to the general public, even if contractor sales account for a maior proportion of total. sales. Establishments primarily selling electrical, plumbinq, heatin4 and air conditionina equipment and supplies are classified under"Wholesalinq and Distribution". -C- Club. Lodqe, Private Meetinq Hall: Permanent, headquarters-tvpe and meetinq facilities for oraanizations operating on a membership basis for the promotion of the interests of the members, includinq facilities for: business associations; civic, social and fratemal orqanizations; labor unions and similar organizations; political orqanizations; � � , i f � professional membership orqanizations: and other membership orqanizations Includes qranQe halls and similar facilities. Commercial Recreation Facilitv- Indoor: Establishments providina indoor amusements and entertainment services for a fee or admission charQe includinq• bowlinq allevs: coin-operated amusement arcades• dance halls clubs and ballrooms• electronic aame arcades (video qames. pinball etc )• ice skatina and roller skatinq• pool and billiard rooms as primarv uses. Commercial Recreation Facilitv- Outdoor: A facilitv for various outdoor recreational activities, where a fee is charqed for use. Examples include• amusement and theme parks; Qo-cart tracks: aolf drivinq ranqes• miniature qolf courses• qublic swimminq pools water slides and other water features. Communitv Center: A multi-purqose meetinq and recreational facilitv tvpicallv consistina of one or more meetinp or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are available for use bv various qrouqs for meetinas parties receptions and dances. Conference/Convention Facilitv: One or more structures where the arimarv use is to accommodate multiple assemblv, meeting, and/or exhibit rooms and related suaport facilities (such as kitchens and offices). Construction Contractors: Office. and indoor and/or outdoor storaae facilities operated bv, or on behalf of, a contractor licensed by the State of Califomia for storage of larqe equipment, vehicles, and/or other materials commonly used in the contractor's tvpe of business; storaae of scrap materials commonly used in the contractor's type of business; storape of scrap materials used for repair and maintenance of contractor's own equipment: and buildings or structures used for repair and maintenance. Convenience Store: A neiqhborhood servina retail store of 3,500 sauare feet or less in qross floor area, which carries a ranqe of inerchandise oriented to daily convenience shoppinq needs. -D- Drive Throuqh Sales or Services: A facilitv where food or other products mav be purchased, or where motorists mav obtain services without leavinq their vehicles. Ex__a__mples of drive-throuah sales facilities include fast-food restaurants and drive- throuqh coffee, dairv product, photo stores. pharmacies, etc.. Examples of drive- throuah service facilities include drive-through bank teller windows. drv cleaners etc. but do not include automated teller machines (ATMs), gas stations or other vehicles services, which are separately defined. -E- EQUestrian Facilitv: A commercial facilitv for horses, donkevs, and/or mules, examples of which include horse ranches, boarding stables, ridinq schools and academies horse � r _ _ � exhibition facilities (for shows or other competitive eventsl and barns stables corrals and paddocks accessorv and incidental to these uses. Does not include the simple pasturinp of horses, donkevs, and/or mules, which are included under"Animal - Keepina." Extended Hour Retail: Anv business that is open to the public befinreen the hours of 11 p.m. and 6 a.m.. -F- Farm Suaalv and Feed Store: A retail business sellina supplies for use in soil preparation and maintenance the planting and harvesting of crops the keeping and raisinQ of farm animals, and other operations and processes pertainina to farming and ranchinq. Does not include the sale, rental, or reaair of farm machinerv and equipment which are included under"Construction and Heavy EQUipment Sales and Rental." Farmers Market: A temporarv outdoor qatherina of individual retailers. primarilv focused on the sale of fresh produce, and also including other foods, beverages, flowers, handicrafts, art obiects, and other items. Fitness/Health Facilitv: A fitness center, qvmnasium, dav spa, health and athletic club. which mav include anv of the following: sauna. spa or hot tub facilities; indoor tennis handball, rac4uetball, archerv and shooting ranges and other indoor sqorts activities. Does not include adult entertainment businesses. Fuel Dealer: A retail trade establishment that sells fuel oil, butane, propane, and liquefied petroleum qas (LPG), bottled or in bulk, to consumers. Furniture/Fixtures Manufacturina, Cabinet Shoa: Manufacturers producinq: wood and metal household furniture and appliances: bedsprings and mattresses: all types of office fumiture and partitions, shelving, lockers: and miscellaneous draaerv hardware, window blinds and shades. Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or planinq mills, which are included under "Manufacturinq-Heavv." -G- Gas Station: A retail business sellinq gasoline and/or other motor vehicle fuels, and related products. Where allowed bv Article 2 (Communitv Desiqn), a gas station mav also include a "Convenience Store," "Vehicle Services," and/or trailer rental (see "Auto and Vehicle Sales or Rental"). General Retail: Stores and shops sellin4 manv lines of inerchandise. Examples of these stores and lines of inerchandise include: antipue stores: art Qalleries, retail: art supplies, includinq framinq services; auction rooms; bicvcles; books, magazines, and newspapers; cameras and photoqraphic supplies: clothinq, shoes, and accessories: collectibles (cards, coins, comics, stamps, etc.); department stores: druq stores and pharmacies; drv goods; fabrics and sewing supplies; florists and houseplant stores �: __ � (indoor sales onlv); for outdoor sales see "Building and Landscape Materials Sales"• hobbv materials; iewelrv; luqqaqe and leather qoods• musical instruments parts and accessories: orthopedic sutiplies: reliqious qoods• small wares� specialty shoqs•� sportinq qoods and equipment: stationerv; tovs and qames• varietv stores Grocerv Store: A retail business where the maioritv of the floor area open to the public is occupied bv food products packaqed for preparation and consumption away from the store. Industrial and Scientific Research and Development: A facilitv for scientific research, and the desian, development, and testing of electrical electronic maqnetic o�tical and computer and telecommunications components in advance of aroduct manufacturinp and the assembly of related products from parts produced off-site where the manufacturina activity is secondary to the research and development activities, and where no more than 30 percent of the total floor area is office. Includes pharmaceutical, chemical and biotechnoloQV research and development. Does not ' include soils and other materials testing laboratories (see "Laboratorv") or medical �i laboratories (see "Medical Service- Clinic. Laboratory, Urqent Care"Z � -L- Laboratorv- Medical, Analvtical, Testinq: A facilitv for testinq, analvsis, andlor research. Examples of this use included medical labs. soils, materials testinQ labs and forensic labs. Librarv, Museum: Public or quasi-public facilities. examples of which include: aauariums, arboretums, art galleries and exhibitions, botanical pardens, historic sites and exhibits, libraries, museums, planetariums, and zoos. May also include accessorv retail uses such as a gift/book shop and restaurant, etc. LivelWork Unit: An intearated housinq unit and workin4 space, occupied and utilized by a sinqle household in a structure, either single-family or multi-family, that has been designed or structurallv modified to accommodate ioint residential occuaancv and work activitv, and which includes: complete kitchen space and sanitary facilities in compliance with the Buildinq Code; and workinq space reserved for and reqularly used y one or more occupants of the unit. Lodqinq- Recreational Vehicle (RV) Park: A site where one or more lots are used, or are intended to be used, by campers with recreational vehicles or tents. Recreational vehicle parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a hiqher density, more intensively develoaed use than camqgrounds. Mav include accessory retail and recreational uses where thev are clearly incidental and intended to senre RV park patrons onlv. -M- � Maintenance Services- Client Site Services: Base facilities for various businesses � that provide services on the premises of their clients. Includes gardening. 'tanitorial, pest ;; � i � C _ � 3 ............-_� control, water and smoke damaqe recovery and similar services• and anpliance computer, electronics. elevator equipment, HVAC instrument electrical heatinq/plumbina. and other maintenance and reaair services not operatinq from a retail establishment that sells the products being maintained or repaired When these services operate from a retail establishment that sells the products beinq maintained or repaired, thev are considered part of the retail use Manufacturinq/Processinq- Heaw: A facilitv accommodatinq manufacturinq processes that involves and/or produces basic metals building ma#erials chemicals fabricated metals. paper products, machinery textiles and/or transportation eauiament where the intensitv and/or scale�of oqerations may cause significant impacts on surroundinq land uses or the communitv. Heavy manufacturing uses are not allowed within the Citv of Arrovo Grande except where limited varieties are included under the definition of"Manufacturina- Intensive." Examples of heavy manufacturing include• chemical product manufacturinq, concrete. av�sum and plaster product manufacturinq qlass products, paving and roofing materials petroleum refining and related industries^ plastics, other svnthetics, and rubber products primarv metal industries pulp and pulp j products, and textile and leather products. � Manufacturinq/Processinq- Liqht: A facilitv accommodating manufacturinq processes involvinq and/or producing: apparel; food and beveraae products• electronic optical, and instrumentation products; ice; iewelry; and musical instruments. Liaht manufacturinQ also includes other establishments enaaged in the assembly fabrication and conversion of alreadv processed raw materials into products where the ot�erational characteristics of the manufacturing processes and the materials used are unlikelv to cause siqnificant impacts on surroundinq land uses or the communitv Examples of liqht manufacturina uses include: clothinq and fabric products: electronics, eQUipment and appliance products: food and beveraqe products: handcraft industries, smafl scale manufacturin4; qaper products: and photo�lm processina labs. Medical- Hospital. Hospitals and similar facilities enqaqed primarilv in providinq diaQnostic services, and extensive medial treatment, includina surQical and other hospital services. These establishments have an organized medical staff, inaatient beds, and equipment and facilities to provide complete health care. Mav include on-site accessorv clinics and laboratories, accessorv retail uses and emerQency heliports (see "Accessorv Retail Uses"). Medical Services- Doctor Office: A facilitv other than a hospital where medical, dental, mental health, surQical, and/or other personal health care services are provided on an outqatient basis, and that accommodates no more than four licensed arimarx practitioners (for example, chiropractors, medical doctors, psychiatrists, etc.. other than nursinq staffl within an individual office suite. A facility with five or more licensed practitioners is instead classified under"Medical Services- Clinic. Urqent Care." Counselina services bv other than medical doctors or psvchiatrists are included under "Offices- Professional." � � � I Medical Services — Clinic, Lab. Uraent Care: Facilities primarilv enpaqed in fumishinq out-patient medical, mental heath, surgical, and other qersonal health services but which are separate from hospitals including• health manaqement orQanizations � (HMO's); medical and dental laboratories: medical dental and asychiatric offices• out- patient care facilities; other allied health services: counselinq services bv other than medical doctors or psvchiatrists are included under"offices." Mixed-Use Proiect: A qroiect, which combines both commercial and residential uses where the residential component is tvaically located above or behind the commercial use. Mobile Home, Boat, or RV Sales: Retail establishment sellinQ mobile home dwellina units, and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers and camper shells. iet skis, mobile homes, motor homes and travel trailers. Motel : For purposes of implementinq this title, means the same as "hotel." Multi familv housinq: A dwellinp unit that is qart of a structure containinq one or more i other dwellina units, or a non-residential use. An example of the latter is a mixed use ( � proiect where. for example, one or more dwellinp units are part of a structure that also ' contains one or more commercial uses (retail, office, etc.). Mu1ti-familv dwellings include: duplexes, triplexes, fourplexes (buildings under one ownership with two, three or four dwellinq units, respectivelv, in the same structure): apartments (five or more units under one ownership in a sinqle building); and Citvhouse develonment (three or more attached dwellinqs where no unit is located over another unit). .�. Office-Accessorv: Office facilities that are incidental and accessorv to another business or sales activity that is the primary use. Office- Government: Administrative. clerical, or public contact and/or service offices of a local, state, or federal qovernment aqencv or service facilities. Includes post offices. but not bulk mailinq distribution centers, which are under`Truck or Freiqht Terminal." Office- Processinq: Office-tvpe facilities characterized bv hiqh emplovee densities, and occupied bv businesses enaaqed in information processinq, and other computer- deaendent and/or telecommunications-based activities. Examples of these uses include: airline, lodctinq chain, and rental car companv reservation centers, computer software and hardware desiqn and develoqment, consumer credit reportina, data processina services, health manaaement organization (HMO) offices where no medical services are provided, insurance claim processinq, mail order and electronic commerce transaction qrocessinq, telecommunications facilitv desiqn and management, and telemarketinq. N __ _ i Office-Professional: Office-tvpe facilities occuaied bv businesses that provide professional services and/or are enqaqed in the production of intellectual propertv Examples of these uses include: accounting auditing and bookkeeping services� attornevs, commercial art and desiqn services construction contractors (office facilities onlv), counselinq services, court reportinq services detective agencies and similar services, desiqn services includinq architecture engineerina landscaQe architecture urban planninq, educational, scientific and research organizations financial manaaement and investment counselinq literary and talent agencies management and public relations services, media qostproduction services news services photoqraphers and photoqraqhv studios, psvcholopists secretarial stenoqraphic word processina and temqorarv clerical emplovee services, securitv and commoditv brokers and writers and artists offices. Outdoor Retail Sales and Activities: Permanent outdoor sales and rental establishments not classified under another land use definition where the business is not conducted entirelv within a structure. , Outdoor Retail Sales. Temporarv: Temporarv outdoor retail operations includinq• j Christmas trees, pumpkins or the sale of seasonal items: farmers' markets• semi-annual sales of art/handcrafted items in coniunction with community festivals or art shows• sidewalk or parkinq lot sales lonaer than one weekend: retail sales from individual vehicles in temporarv locations outside the public riaht-of-wav. -P- Park, Plavaround: Public parks, plav lots, plavqrounds, and athletic fields or courts providinct non-commercial facilities for active and/or passive recreation for neiahborhood or communitv use, includinq recreational community gardenincl Personal Services: Establishments qrovidinq non-medical services to individuals as a primarv use. Examples of these uses include: barber and beautv shops day spas clothinq rental, drv cleaninq pick-uq stores with limited eauipment, home electronics and small appliance repair, laundromats (self-service laundries), locksmiths, massaQe �licensed, theraqeutic, non-sexual), pet aroominq with no boardin4, shoe repair shops tailors, and tanninq salons. These uses mav also include accessorv retail sales of products related to the services provided. Personal Services- Restricted Personal services that mav tend to have a bli�htinq and/or deterioratinQ effect upon surroundinq areas and which may need to be disaersed to minimize their adverse impacts. Examples of these uses include: check cashing stores�fortune tellers, palm and card readers. pawnshops, qsvchics, and hot tubs for hourly rental, and tattoo and bodv aiercinq services. ` , 9 5 Printinq and Publishinq: An establishment enqaqed in printinq bv letterpress, � lithoaraphv, qravure, screen, or electrostatic (xeroqraphic) copving: and other establishments servinq the printinq trade such as bookbinding, tyqesettinq, engraving,, photoenqraving and electrotvpinq. This use also includes establishments that publish ; � __ t newspapers, books and periodicals: establishments manufacturina business forms and bindinq devices. "Quick printinq" senrices are included under"Business Suaport Services." � - Produce Stands: An accessorv structure used for the displav and sale of veqetables and other produce qrown on the site that it serves with no space within for the customers. Public Safetv Facilitv: A facilitv operated bv a public aqencv including fire stations other fire prevention and fire fiqhting facilities. police and sheriff substations and headpuarters, includinq interim incarceration facilities. -R- Recvclinq- Scraa and Dismantlinq Yard: Outdoor establishments primarilv enqaqed in assemblinq, breakinq up, sorting, and the temaorary storaae and distribution of � recvclable or reusable scrap and waste materials. includinq auto wreckers engaQed in dismantlinq automobiles for scraq, and the incidental wholesale or retail sales of parts from those vehicles. Includes liqht and heaw processinQ facilities for rec c�lin,g. Does not include places where these activities are conducted entirely within buildinQS; pawnshops, and other secondhand stores: the sale of operative used cars: or landfills or other waste disposal sites. Recvclinq-Small Collection Facilitv: A center where the public mav donate, redeem or sell recvclable materials, which may include the followinQ, where allowed bv the applicable zoninq district: reverse vending machines; or small collection facilities which occupv an area of 350 square feet or less and may include a mobile unit. Reliqious Facilitv: A permanent facilitv operated bv a reliqious or4anization exclusivelv for worship, or the promotion of reliqious activities, includinq accessory uses on the same site. Examples of these types of facilities include churches. mosques, svnaQO�ues, and temples. Examples of allowable accessory uses on the same site include livina Quarters for ministers and staff, facilities for child dav car and religious instruction operated at the same time as reliQious services (where authorized by#he same tvpe of a land use permit repuired for the religious facilitv itselfl. May also include fund-raising sales, bazaars, dinners, parties, or other indoor and outdoor events on the same site. Other facilities maintained by reliqious organiiations, includin4 full-time day � care centers, full-time educational institutions. hospitals and other aotentially related t operations (for examale, a recreational camp) are defined in this chapter accordinq to � their resqective activities. Does not include the temporarv use of an aparoved public �' assembly facilitv (for example, a private meeting hall, community center, theater, or auditorium) bv a conare4ation for reliqious meetinqs, which is instead defined under the ype of ineeting facilitv hosting the conqregation. � i Reaair Service- Equiament, Lar4e Apaliances, etc: A service and facilitv where ; various tvpes of electrical, electronic, and mechanical equiqment, and home and business appliances are repaired and/or maintained awav from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included ; � under"Vehicle Services", the repair of small home appliances and electronic equipment, which is included under"Personal Services", or maintenance and repair activities that occur on the client's site, wFiich are included under "Maintenance Service-Client Site Services." Repair Service- Equipment, Larqe Appliances, etc: A service and facilitv where various tvqes of electrical, electronic, and mechanical equipment, and home and business appliances are repaired and/or maintained away from the site of the equipment owner. Does not include vehicle repair or maintenance, which is included under"Vehicle Services", the repair of small home appliances and electronic epuipment, which is included under"Personal Services", or maintenance and reaair activities that occur on the client's site, which are included under"Maintenance Service-Client Site Services." -S- School: A public or private academic educational institution. Also includes schools providinq specialized education/trainina, facilities, institutions and conference centers that offer specialized programs in personal Qrowth and development, such as fitness, environmental awareness, arts, communications, and management. Does not include pre-schools and child day care facilities (see "Dav Care"). See also the definition of "Studios-Art, Dance, Martial Arts, Music, etc."for smaller-scale facilities offerinp specialized instruction. Second Hand Store: A retail store that buvs and sells used merchandise, including clothina, furniture and household goods. Secondhand store does not include establishments that primarilv sell used iewelry, old coins, stamps, musical instruments, books, entertainment media and collectibles, which are general retail. Social Service Or4anization: A public or quasi-public establishment providinq social and/or rehabilitation services, servinq persons with social or personal problems requirinq special services the handicapped and the otherwise disadvantaged Examples of this land use include: counselinq centers, welfare offices, iob counselinq and traininp centers, or vocational rehabilitation aqencies. Includes orQanizations solicitina funds to be used directiv for these and related services, and establishments enqaaed in community improvement and transitional housing, or"Residential Care," which a�e separately defined. Storaqe-Outdoor: An area not within a buildina that is proposed or used for the storaqe of buildinq materials, other supplies, eQUiqment, or other materials, either as the primaN use of a parcel or as storage accessoN to another use. Storaqe- Personal Storaqe Facility: Structures containinq qenerallv small, individual, compartmentalized stalls or lockers rented as individual storaqe spaces and characterized by low parkinq demand. -T- i � i I Telecommunications Facilitv: Public and commercial electromaqnetic and photoelectrical transmission broadcast repeater and receivinq stations for radio, television teleqraph teleptione data network and wireless communications, ihcludina commercial earth stations for satellite-based communications,__ Includes antennas, commercial satellite dish antennas, and equipment buildinqs. Theater/Auditorium• An indoor facility for public assemblv and qroup entertainment, other than sportinq events. Examples of these facilities include: civic theaters, and facilities for"live theater and concerts• movie theaters; and similar public assemblv facilities. W- Warehouse Retail• A retail store that emphasizes the packaaina and sale of products in larqe Quantities or volumes some at discounted prices, where products are tvaicallv displaved in their oriqinal shippinQ containers Sites and buildinQS are usuallv larqe and industrial in character Patrons may be reauired to pav membership fees. Wholesalinq and Distribution• An establishment enaaaed in sellina merchandise to retailers• to contractors industrial commercial institutional, farm, or professional business users• to other wholesalers• or actinq as aaents or brokers in buvinq merchandise for or sellinq merchandise to such persons or companies. Examples of these establishments include• aaents merchandise or commoditv brokers, and commission merchants• assemblers buyers and associations enqa4ed in the cooperative marketina of farm products• merchant wholesalers: stores arimarilv sellina electrical plumbina heatina and air conditionina supplies and e4uipment. Winerv• A manufacturinq facilitv where wine grapes are crushed, fermented, aQed, bottled and sold at wholesale as finished wine. May include tastinq and accessorv retail sales of wine produced on site and Qift items. Table 16.12.030-A Mailing Label Requirements by Permit or Approval Type APPLICATION TYPE REQUIRED RADIUS NUMBER OF SETS OF LABELS* GP Amendment 300 feet 3 Zonin Ma or Title 9 Amendment 300 feet 3 S ecific Plan or SP Amendment 300 feet 3 Develo ment A eement 300 feet 3 Conditional Use Pernut " 300 feet 2 Minor Use Permits(MLTP) 300 feet 2 � ^n� � � Surface Minin Permit 300 feet 2 �7' L.o.�l Do.,;o.,.Do..,�.:r t S�� '� I - • - �ee-� � I Variance 300 feet 2 Vestin Tentative Ma . 300 feet 2 Tentative Ma 300 feet 2 Lot Line Ad'ustment 300 feet 2 Lot Mer er 300 feet 2 Reversion to Acrea e 300 feet 2 Certificate of Com liance 300 feet 2 Planned Si Pro am � 300 feet 2 Planned Unit Dev. Permit 300 feet 2 * Projects within an approved planned development require an additional set of labels. Alternatively the applicant shall�av a fee established bv Citv Council resolution and have the City_generate the required mailin�labels. I '� I �� I Table 16.12.030-B Permits,Licenses and Approvals : � �. 'x _ g �_ 7 v ' � � �*��` ..�,�y��` �'��'�*� y n� T�(. � - ��.7D#.�Ll. � � �€ � '�� '� �t"a¢��E � i� � � 57�,�� . .lI F� � ' � � �� \� � ��QM�� Z I �. ��' � �_ �. �� ,�� r�,. �. UIRED �:: � � � �� :.� b- �� .� n �,T x�: GP Amendment Ci \Council Yes Zoning Map or Title l68 Includes PD amendments City Council Yes � Amendment Specific Plan Zoning amendment and City Council Yes I ��=�-ARC may be re uired Develo ment A eement Ci Council Yes Conditional Use Permit Includes second Planning Commission Yes dwellin�tt�review if deviatin�;from requirements 16.52.115. "��:�e� ARC ma be re uired Variance Plannin Commission Yes Minor Use Permit(MUP) For projects�exempt ��es� No D,�+D��De..:e-.. from CEQA,-�e�ie�.-A�s�r Community Development �e�evs�-ARC review may be Director reported to the required_ Planning Commission on a MUP for minor exceptions consent a eg nda• include those necessary for deviations from Standards in De,sign Guidelines and Standards for Historic District.s #��er•-��se�a� � � r „ G.,.«:i.,nn..r.,,.o 6�g� �@ b ..,.. 2"C'Rfn Surface Mining Permit Rec�uires environmental Planning Commission Yes review ��e� �e _ a �S • �ivir . Home Occupation Pernut ��ar�t�i�es�e�Communitv No Development Director Final Map City Council No Lot Line Adjustment Planning commission No�es I Consent Lot Merger � Planning commission No�s Consent Reversion to Acreage Planning cornmission No�es Consent Certificate of Compliance Planning commission No�es I Consent Business License Clearance ��este� No Community Development Director ' Planning Unit Development Processed concurrently with Planning Commission Yes Permit a tentative map.�r. I �e�ARC�e re uired Planned Sign Program �rrs�-Fe�-iev�-A.RC�e Planning Commission Yes re uired consent Administrative Sign Permit "~^�:rARC may be ��Fes�e� No or Pro�ram required Communitv Development Director 1 Does not include concurrent processing of applications as set forth in Section 16.12.070. If an application is within an approved planned development, the city council is the decision-making body. 2 Public hearing required if project is appealed. 16.12.150.B Filing of Appeals. 1. Appeals shall be in writing on a form obfained from the community development department (for appeals to planning commission) or city clerk (for appeals to city council). The appellant shall state the specific reasons for the basis of the appeal. Appeal applications shall include the required fee and mailing labels for property owners within three hundred (300) feet of the project being appealed, unless otherwise provided in this title. 2. An appeal of a community development director or architectural review committee action shall be filed with the secretary of the planning commission within ten (10) calendar days following the date of action for which an appeal is made or the date the action is reported to the plannin� I commission on the consent a eg nda. 3. An appeal of a planning commission decision shall be filed in the office of the city clerk within ten(10) calendar days following the date of action for which an appeal is made. � 16.16.050 Conditional Use Permits. B. Authority. Except for concurrent applications as provided for in Section 16.12.070, the planning commission is authorized to approve conditional use permits, subject to the appeal provisions of Section 16.12.150. Conditional use pernut applications involving new construction or any changes to the exterior of an existing building shall be subject to the azchitectural review procedures outlined in Section 16.12.190. If the community development director determines that all the following circumstances exist regazding a development proposal, a conditional use permit � may not be required; and the project shall be subject to�e��minor usepermit review (see Section 16.12.060) or business license clearance (see Section 16.12.180): 1. The project will be occupying an existing building or will require an addition to an existing structure that will not result in an increase of more , than twenty-five (25) percent of the floor area of the structure before the I, addition, or five hundred(500) square feet,whichever is less; and �I 2. The proposed use is the same or similar in character to the existing use, as ', determined by the community development director based on the following '�� use categories. Exceptions may be allowed if the community development director s�determines that the new use is less intensive than the existing use; D,...F..�;..«.,1 .,�..o/«0*..:1 .. .,1 • � � 1� T,�,1„�+,.;.,1/,.s�e�,...1, �...a .lo.,ol.,.,,,-.or,+ , . , n l�...-...n.�.e.�nu n4AYOI��r��/n/c+nlnr��eo .�r�r�...�Anria__ . � u�ir��F'&�j n L'.,�.+�...1 «o�.+.,.,«.,..♦ . � � T2.,,.�/......1�+.,:1 1.,,,,,..o� . � e 1. A„+.,..�,..L.:le �.,lo� • e A„+., 0l„4o.a «o .,.a �.o e /:....l,..a;,, .e.�n c.tntie.,sn_L � • ' a L Do�:,�lo„�:..1 . . °"� 1. TT.,..l��:�0.7 , �� aTld 3. The project is exempt from CEQA review and there is no possibility of a significant impact on the environment. The community development director, staff advisory committee, and architectural review committee shall provide recommendations to the planning commission regarding conditional use permits. A public hearing pursuant to Section 16.12.160 of this title shall be required. 16.16.060 Dl..+ Di.,,, n.,..;,,.,.Minor Use Permit (Note: Plot Plan Review is replaced bv Minor Use Permit for the nurposes of the Develonment Code Update DCA 02-006) For text referring to Plot Plan Review use this section. ' A. . . When �a Minor Use Permit is required by this title to authorize a project proposal, its approval certifies that the land use or development will satisfy all applicable provisions of this title. ��inor Use Permit approval is required when a development or use of land is listed in a particular zoning district as a e��ie�ra�an allowable use and the requirements listed in Section 16.16.OSOB are met. �e�-�a�Minor Use Permit approval enables issuance of a building permit under Title 15 of this code or the establishment of a land use that does not require a building permit but is still subject to the standards of this title. B. Authority. Except for concurrent applications as provided for in Section 16.12.070, t�he community development director is authorized to approve � '',, 8,�� ° °=,rMinor Use Pernuts, subject to the appeal provisions of Section ' 16.12.150. Minor Use Permits will be reported to the Planning Commission on a ' consent a�enda for the purposes of providing public notice. A public hearing is II not required unless appealed. i, In addition to instances where the provisions of this title specifically require � �minor use permit review, applications that meet any of the following criteria shall also require��minor use permit review: ! 1. Second Residential Units that deviate from the requirements listed in � 16.52.150-�deviations from parkin� standards require CUP approval); 2 Proiects in the historical chazacter overla district D-2.4) consistent with 16.16.060.C.2. of this section and 16.36.030.B.b. -�3.—New construction or expansion of parking lots; �4.—Construction of outdoor storage areas on the same site as an existing business; �5.. Construction and/or placement of satellite dishes, antennas, roof or ground-mounted equipment visible from public view; 46..—New accessory structures or additions that do not result in an increase of more than twenty-five (25) percent of the floor area of the existing building or five hundred(500) square feet,whichever is less; �7. Development of any other uses, facilities, or structures for which� �e�ev�a Minor Use Permit is specifically required by this title; 68.. Residential construction projects of two to four dwelling units on one lot, unless otherwise specified in this title. C. Submittal and Review Requirements. . 1. �e*��:�Minor Use Permit applications shall contain the � following: a. Completed planning application form and required fee and attachments(see also Section 16.12.030); b. Five copies of accurately scaled drawin�s ��-�° ��°° ^� ° ^'^t ��a�rusing a standard engineer's scale (approval necessarY I for use of scale smaller than 1:30, i.e., 1:40 or 1:50), neatly and accurately prepared, that will enable ready identification and recognition of submitted information (folded to nine inches by twelve(12)inches size) showing: i. Location, exterior boundaries, and dimensions of the entire property that is the subject of the application. The scale of the drawing and a north arrow shall be indicated. An area location map showing the proposed project site and its distance from nearby cross streets and natural or manmade landmarks, as necessary to readily locate the site, may be included, ii. The location, name, width and pavement type of adjacent � street(s) or alley(s), as well as the location of existing or proposed curbs, gutter or sidewalk improvements, if any, iii. The location, dimensions and use of all existing and , proposed structures on the property, including accessory , structures, trash enclosures, decks, balconies, fences, walls, ' exterior lighting structures, signs, and other structural � elements that protrude into yard areas. When the use of a proposed structure is not certain at the time of application, the occupancy-type, as defined by the Uniform Building Code,may be submitted for use, iv. The locations, dimensions and type of existing and proposed utilities, including water supply, sewage disposal facilities, electricity, gas, or other utilities. Existing and proposed public and private easements shall be shown, v. The location and , dimensions of existing or proposed driveways and parking areas (enclosed or open), including type of surfacing materials, parking spaces, aisles and . identification of any driveway grades over ten (10) percent. The flow of traffic should be noted by arrows, vi. The generalized location of any major topographic or man- made features on the site, such as rock outcrops, bluffs, streams and watercourses, or graded areas. A topographic map may be required by the community development director, vii The locations of all existing trees and major shrubs, with specific specifications as to which plants are to be removed or retained; c. Five blueprints of a grading plan and drainage plan (folded to nine inches by twelve (12) inches size) if found necessary by the community development director or public works director; d. Five blueprints of preliminary floor plans (folded to nine inches by twelve (12) inches size), drawn using standazd engineers or architect scale, for each story of each building or structure, showing the following: , i. Location of walls, doors and windows, ii. Identification of activity areas, iii. Placement of window and door locations on floor plans in coordination with the elevations; e_e—Preliminary landscape plan prepared by a licensed l�ndscape � architect or as approved by the parks and recreation director, if found necessary the community development director. The number ot copies of such plans to be submitted shall be established by the community development director. The commtuiitv develo�ment department may require submission of amendments to an application before, durin� or after its review period to reflect more detailed information reasonably necessarv for staff to make its determination. If a new- structure or an addition to existing structure is proposed. where the addition or new structure will be located within the dripline of an Oak or Landmark Tree, a site plan shall be submitted which depicts the location of all mature trees on the site, includin tg he tvpe of tree and diameter of the tree At the discretion of the Parks Recreation i and Facilities Director, an arborist report ma by e required for anv trees j on the site which mav be affected by the proposal in order to determine whether the�roposal will dama�e the existing tree(s). 2. Minor Use Permit review in the Historic Character Overlay District a. The Minor Use Permit shall include such textual description and plans, sketches, and drawings as are necessary to show: i. Use. The existin�proposed use and desi�n of the premises, buildin� or structure, including, areas to be paved, graded, excavated, landscaped or otherwise improved or dishubed; and ii. Value. The historic, cultural archaeolo�?ical or architectural resource value or si�nificance of a buildin�, structure or site based upon research of historic archives, archaeolo�ical and7or ethnographic data,photographs and other documents; and iii. Relationship to the district. The relationship of the proposed use, activiri, building or structure to the historic, cultural, or architectural resources present in the surromiding district. 3. �—A sign permit application may be required to be processed concurrently with the �e�—�Minor Use Permit review for any use proposed to have signs. 4. An architectural review application may be required to be processed concurrently with the ' Minor Use Permit if modifications I to the exterior of a building are proposed. 5. After receipt of a completed application, the community development director may approve a ��Minor Use Permit application, when the � proposed project or use satisfies all applicabie provisions of this title. The community development director shall prepare a written decision that shall contain the findings of fact upon which such decision is based. Copies of the decision shall be provided to the applicant, planning commission, public works, and building and fire departments. � D. Required Findings.�lei�a�Minor Use Permit review may be approved only if all � the following findings of fact can be made in an affirmative manner: 1. The proposed project is consistent with the goals, objectives, policies and programs of the Arroyo Grande general plan; 2. The proposed project conforms to applicable performance standards and will not be detrimental to the public health, safety or general welfare; 3. The physical location or placement of the use on the site is compatible with the surrounding neighborhood. E. Additional Findings for the Historic Character Overlay District. 1 . The construction, alteration, demolition, or relocation of any ; building or structure or earth movement enhances, to the maximum ; � extent feasible, and does not interfere with, detract form or i deqrade the historic cultural, architectural or archaeological � � resource values of the district. 2. The use proposed for a buildin�, structure, or parcel of land shall be � compatible with the uses predominating in the desi�nated area. 3. The development, demolitions, relocations, conversions are in keepin� w�ith the architectural style and scale characterizing the period of historv in which the structure was built, including the landscaping features, and/or the features which caused the property to be so included in the district. 4. Proposed restoration efforts are in keeping with details, materials, textures, colors and landscape features common to the period of history when the designated district was constructed. 5. Where a�plicable the project meets the alternative buildin� re�ulations pursuant to part 8 of title 24 of the California Administrative Code, entitled "The Historic Buildin� Code." And the Secretary of the Interior's Standards for Historic Preservation Projects. �.F. Conditions of Approval. In approving a Miiior Use� Permit, the Csommunity D�evelopment D�irector may impose reasonable conditions to ensure compliance with this title. 16.16.100 Minor Use Permits -Temporarv ' Uses. � A. Purpose and Intent. The minor use permit for temporary uses�i�is intended to allow for the short-term placement (usually six months or less) of activities on privately or publicly owned property with appropriate regulations so that such activities will be compatible with the surrounding azeas. B. Authority. The Communi Development Director is authorized � to approve temporary use permits, subject to the appeal provisions of Section 16.12.150. A public hearing shall not be required for issuance of a temporary use permit. Temporary uses may be subject to additional permits, other city department approvals, licenses, and inspections as required by any applicable laws or regulations. A permit shall not be�required for events that occur in theaters, meeting halls; or other permanent public assembly facilities. 16.16.120 Minor Use Permit-Minor Excention�. � A. Purpose and Intent. In order to provide flexibility necessary to achieve the objectives of the development code, selected site development regulations and applicable off-street parking requirements are subject to administrative review and adjustment, in those circumstances where such adjustment will be compatible with adjoining uses and consistent with the goals and objectives of the general plan and intent of this code. B. Authority. The ' • c�e�Communitv Development Director may grant � , minor use permits for minor exceptions to ordinance requirements in accordance j with the procedures in this section where there is a justifiable cause or reason, subject to the appeal provisions of Section 16.12.150 of this title. Any minor ' exception granted shall be subject to such conditions as will assure that the adjustment does not constitute a grant of special privilege inconsistent with the provisions and intentions of this title. A public hearing shall not be required for granting of a minor exception. The Communitv Development Director is limited to granting � minor exceptions for the following: l. Fence Height. In any district, a maximum height of any fence, wall, or equivalent screening may be increased by a maximum of two feet where the topography of sloping sites or a difference in grade between adjoining sites warrants an increase in height to maintain a level of privacy, or to maintain the effectiveness of screening, as would generally be provided by such fence,wall, or screening in similar circumstances. 2. Setbacks. In any residential district, the ' ' �Communitv I Development Director may decrease minimum setbacks by not more than ten (10) percent where such decreases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites. 3. Lot Coverage. In any district the ��g--��Communitv Development Director may increase the maximum allowable lot coverage by not more than ten (10) percent of the lot area where such increases are necessary for significantly improved site planning or architectural design, creation or maintenance of views, or would otherwise facilitate highly desirable features or amenities, and where such increase will not unreasonably affect contiguous sites. 4. Height. In any district the ' � Communitv Development I Director may authorize a ten (10) percent increase in the maximum allowable building height. Such increases may be approved only where necessary to significantly improve the site plan or architectural design and where scenic views or solar access on surrounding properties are not affected. 5. Parking: In any district the ' ' • s�e�Community Development I Director may waive strict adherence to the p�rking standards contained in Chapter 16.56 when a change or expansion in use is proposed in an existing building or an addition or enlargement of an existing single- family residence is proposed and it is not feasible to provide sufficient on- site parking on the parcel. A minor exception may also be granted for parking space size of up to two feet. 6. Deviations �from standards described in Desiqn Guidelines and Standards for Historic Districts pertaining to Design Overlay , District 2.4. � 76. Minor Items. A minor exception may be considered for other minor development regulations. If the minor development regulation is not listed above, the planning commission may make an interpretation. The planning commission must make the findings that such a request is compatible with adjoining uses, is consistent with the goals and objectives of the general plan and intent of the development code, and that the item is minor in scale. C. Submittal and Review Requirements. 1. An application for a minor use permit for a minor exception shall contain: a. Completed planning application form and required fee and attachments(see also Section 16.12.030}; b. Statement of the precise nature of the exception requested and the hardship or practical difficulty that would result from the strict interpretation and enforcement of this title; c. Such sketches, drawings diagrams, or photographs that may be � necessary to clearly show applicant' s proposal; d. Additional information as required by the �g �es�e�Communit�Development Director. 2. Upon acceptance of a minor use permit for a minor exception application, the '• s�e�Community Development Directar shall review the request for compliance with the provisions of this title. The �g �es�e�Community Development Director shall render a written decision and shall clearly state any conditions of approval or reasons for denial and applicable appeal provisions of this title: 3. Notice of the decision shall be mailed to the applicant and to property owners of parcels within one hundred fifty (150) feet of the property for which a minor exception has been requested. The notice shall indicate the appeal provisions of Section 16.12.150. Copies of the decision shall also be provided to the planning commission, public works and building and fire departments. D. Findings. The �a�es�Cominuni Development Director shall make all � the following findings prior to approving an application for a minor exception: 1. That the strict or literal interpretation and endorsement of the specified regulation would result in practical difficulty or unnecessary physical hardship; - 2. That there are exceptional circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties in the same district. 3. That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by other property owners in the same district; 4. That the granting of the minor use permit for a minor exception will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district and will not be detrimental ' to the public health, safety or welfaze, or materially injurious to properties or improvements in the vicinity; 5. That the granting of a minor use permit for a minor exception is consistent with the objectives and policies of the general plan and the intent of this title. 16.16.130 Minor Use-Permit-Viewshed Review-�e�i�s. I A. Purpose and Intent. It is the intent of the city, by es�Ea�requiring minor use permits for the viewshed review �e�ri� process, to preserve the existing scope and chazacter of established single-family neighborhoods and to protect views and aesthetics and other property values in such neighborhoods in a manner that is compatible with reasonable expansion on existing developed lots and/or a new development on existing undeveloped lots. B. Authority. The �g��Communitv Development Director is authorized I to approve minor use permits for viewshed review �s, subject to the provisions of subsection D of this section and the appeal provisions of Section 16.12.150. C. Applicability. This section applies to all areas zoned RR, RS, SF, �, including � those with a design development (-D) overlay. These provisions would not apply � to development in MFA districts, since architectural approval is required before � the issuance of a building permit. � � 1. Areas Zoned �R_R, �RS, SF and MF4. No second-story addition shall ;. be erected or enlarged on any single-family home within the �PD, PS, I SF and MF distncts until a minor use permit for viewshed review�e�ri�is obtained, in accordance with the procedure set forth in this section. j 2. Areas Zoned �RR, �RS, SF and MF with a -D Overlay Regulating � � height. No new construction, addition or improvement thereof shall be erected or enlazged on any lot that lies within the��RR, �RS, SF or MF � districts that have a -D overlay regulating height until a minor use nermit for viewshed review�it is obtained, in accordance with the procedure set forth in this section. 3. Areas Zoned PD. The viewshed review�e�i�process would not apply to properties situated in approved planned developments with required � architectural review of all new or remodeled residences by the city or by the development's board. 1. An application for a minor use permit for viewshed review�r� shall be filed with the ��^a �'��°^*��Communitv Development Director and � shall be accompanied by the following: a. Completed planning application form and required fee and attachments (see also Section 16.12.030); b. The following drawings, graphics or illustrations signed by the architect, draftsperson, designer, engineer or person designing the plans in accordance with all applicable state and city laws: i. � Five blueprints of the plot plan drawn to an engineer's scale (1:30 minimum allowed without approval) and folded to nine inches by twelve (12)inches size showing: (A) The address (location) of the project, scale of the illustration, date of proration and/or revision, and name of the applicant, (B) Dimensioned property lines and all building setbacks, (C) Location, name and width (including required widening)of adjacent streets, (D) Existing and proposed public and private easements, (E) All proposed improvements and existing improvements that will be retained, (F) Access and circulation of pedestrians and vehicles, (G) Location of walls, fences, and exterior lighting structures, (H) Planted areas and outdoor-use areas, (I) Location, type, trunk and canopy diameter, and ', status (e.g.,to be removed, saved or relocated)of all �I trees over three inches in diameter; c. Building height and elevation data for the proposed structure or j addition and for existing structures on adjacent and surrounding properties; ; d. Photographs of project site and surrounding views; e. At the discretion of the ' � � Communitv Development I Director, cross-sections drawn to a true scale for both vertical and ( horizontal dimensions, which include adjacent property and structures, if necessary to evaluate viewshed impacts. The location of the cross-sections shall be keyed to the site plan by labeled section lines. 2. After determining the application is complete, the ��g �es�e�Community Development Director shall review the project for . environmental impacts, as set forth in the city's Rules and Procedures for Implementation of CEQA. 3. Notification Requirement. a. The �� a�r°^+�rCommunitv Development Director shall mail I to property owners within one hundred fifty (150) feet of the project a notice of intent to construct an addition or structure that includes the project description and location and applicant's name. The notice will include a statement indicating that adjacent property owners may submit comments and concerns regarding the � project, in writing, during a ten (10) day review period; and that if no adverse concerns are received, the Communitv Development Director may approve the minor use permit for viewshed review �t�. The ��g--�i�esk��Communitv DeveloQment Director shall also keep the planning commission informed of submitted applications for minor use permits for viewshed reviews�e�s. b. Prior to approving or denying an application, the �g �es�Community Development Director may solicit the '�i recommendations and comments of other public agencies, city �, departments, and interested groups. ' 4. Upon acceptance of a minor use permit for viewshed review application, the �g-�e�Communitv Development Director shall review the request for compliance with the provisions of this title. The ��g , �e�Commlinity Development Director may, after the review period , referenced in subdivisions (3)(a) of this subsection, approve the viewshed ' review request only if all of the findings of fact set forth in subsection E of this section can be made in an affirmative manner. The �g �ec-�eFCommunity Development Director shall notify the applicant in I writing of the decision. 5. If, after considering the available information, the �b �s�Communi Development Director is unable to reach the findings of fact set forth above, the application shall be referred to the �� s�e��ss�e�architectural review committee for a recommendation. If findin�*s still can not be made in an afFirmative manner, the t�roiect shall be scheduled for a public hearing before the Plannin�Commission at their , next available meeting. Notice of the public hearing shall be given in accordance with Section 16.12.160 of this title; however, only property owners within one hundred fifty (�-58300 feet of the project need be � notified. The applicant shall submit an additional fee established by resolution to cover the cost of publishing and mailing the notice and additional copies of exhibits. In approving an application for a viewshed review permit, the planning commission shall make the findings of fact outlined above. 6. The planning commission shall be informed of all minor use permits for viewshed reviews �s approved by the �a ' Communitv Develonment Director and how any objections were resolved. 7. The decision of the�i�g-�ec-te�Communi Development Director or planning commission shall be filed with the city clerk, public works department, and building department. E. Required Findings. The �'^^�:^b �1M�l�+AACommunitv Development Director or � planning commission may approve an application for a minor use permit for viewshed review �e� only if all of the following findings of fact cari be made in an affirmative manner: 1. The proposed structure is consistent with the intent of this section; 2. The proposed structure is -consistent with the established scale and character of the neighborhood and will not unreasonably or unnecessarily affect views of surrounding properties; 3. The proposed structure will not unreasonably or unnecessarily interfere with the scenic view from any other property,judged in light of permitting reasonable use and development of the property on which the proposed structure or expansion is to occur. . F. Conditions of Approval. In granting a minor use permit for a viewshed review�r�, the �'•��^�~�• a�~°^�Communitv Devel�ment Director (or planning commission) � may impose such conditions as may be deemed necessary and desirable to protect the ', health, safety, and general welfare, in respect to the facts listed in subsection E of this ' section. 1616190 Minor Use Permit-Large Familv/Adult-Dav Car°��'.�. A. Purpose and Intent. The minor use permit for large family/adult day care permit process is intended to facilitate development of large family day care homes and adult day care ' in compliance with Sections 1597.40 and 1597.46 of the Health and Safety Code of the state of California. It is further intended to protect the surrounding neighborhood from impacts relating to noise,traffic,parking, and spacing and concentration. B. Authority. The community development director is authorized to approve a minor I use permit for large family or adult day care ��, subject to the appeal provisions of Section 16.12.150 of this title. A public hearing shall not be required. A minor use permit for large family or adult day carse ��-is not a � project subject to CEQA review(Health and Safety Code Section 1547.46). C. Submittal and Review Requirements. 1. An application for a minor use permit for large family or adult day cares ��-shall be filed with the community development director and shall be accompanied by the following: a. Completed planning application form and required fee and attachments (see also Section 16.12.030); b. Five copies of a plot plan drawn to a standazd engineer's scale (approval necessary for use of scale smaller than 1:30, i.e., 1:40 or 1:50) and with a north arrow showing: i. Location, exterior boundaries, and dimensions of the entire property that is the subject of the application, and location and dimensions of all buildings and structures on the property, ii. Location and dimensions of passenger loading/unloading areas, iii. Location and dimensions of existing or proposed on-site parking facilities, iv. Location, height, materials and colors of all exi�ting and proposed walls, v. Location and description of any outdoor play areas; 2. Upon acceptance of a minor use permit �plication for a large family ar adult day care-�e��'� ' , the community development director shall review the request for compliance with the provisions of this title, in particular, Section 16.52.120. 3. Not less �han ten (10) days prior to the date on which the decision will be made on the�application, the community development director shall give notice of the proposed use by mail to all property owners within a e�e I three hundred(�-89300 foot radius of the project. , 4. The community development director shall make a written decision and ', shall clearly state any conditions of approval or reasons for denial and ,, applicable appeal provisions of the title. ', D. Required Findings. The community development director shall make all of the following findings prior to approving a�t minor use permit application for a large family or adult day cares��E: ' l. The proposed large family or adult day care home complies with the standards, restrictions, and requirements contained in Section 16.52.120 of this title; 2. The proposed large family or adult day care home complies with all � applicable provisions of state law. 16.16.210 Minor Use Permit-Architectural Review. A. Purpose and Intent. The minor use permit process for architectural review� � is intended to implement general plan design policies and other adopted policy and design guidelines and documents that stipulate standards, regulation, and guidelines governing design. The city is a city with unique characteristics, ideal climate conditions, spectaculaz natural vistas, and dynamic natural features. Further, the appearance of buildings, structures, signs, and the land has a material and substantial relationship to property values and the taxable value of property in the city. � In order to protect the economic welfare of the community, it is the policy of the city council to maintain and enhance the social and economic values created by past and present investments in the community, by requiring all future development to respect these traditions, and by requiring that all buildings and structures placed on the land respect the natural land forms and become compatible part of the total community environment, both in the local neighborhood and the city as a whole. The purposes of architectural review are to ensure the following: 1. That the location and configuration of structures developed within the city are visually harmonious with their sites and with natural landforms and surrounding site, structures and streetscapes; 2. That the proposed design produces hannonious transitions in both the scale and character of development between adjacent land uses; 3. That site access and circulation thereon is safe and conve�ient for pedestrians,bicyclists and vehicles; 4. That sensitive areas, structures and sites as defined in this section, are designed with respect to notable features of the project site; 5. That building, site and architectural design is accomplished in an energy j efficient manner shall be respected in all site, building and architectural '�, design; ' 6. That the materials, textures, colors and details of proposed construction are an appropriate expression of the design concept and function, and are, to the extent feasible, compatible with the adjacent and neighboring i structures and functions; � 7. That development proposals do not unnecessarily block scenic views from other buildings or from public ways, or visually dominate their surroundings with respect to mass and scale, to an extent inappropriate to their use; 8. That the amount and arrangement of open space and landscaping conforms j to the requirements of this title, provides visually pleasing settings, and is appropriate to the design and function of the structure, site, and surrounding area; I 9. That the design and location of signs and their materials and colors are � consistent with the scale and character of the buildings to which they are i , attached or are located on the same site, and to ensure visual harmony '�i between signs and surrounding developments; ' 10. That excessive and unsightly grading of hillsides does not occur, and to ', ensure the preservation of the chazacter of natural landforms and existing '� vegetation where feasible; �I 11. That excellence in azchitectural design is maintained in order to enhance ', the visual environment of the city and to protect the economic value of II existing structures; I 12. That historically significant structures and sites axe developed in a manner �consistent with their historic values; i 13. That the public health, safety, convenience, comfort, prosperity, and j general welfaxe aze protected; �� 14. That development plans comply with applicable policies, standards, � ordinances, and design guidelines. ' B. Authority. The architectural review committee is authorized to make ' recommendations to the community development director, planning commission or city council. Minor use permits applications for �architectural review shall be approved by the decision-making body acting on the permit or approval requiring architectural review pursuant to this title. The community development director may approve minor architectural review for projects that are subject to his or her approval authority without requesting the architectural review committee to provide a recommendation. C. Applicability. Architectural review shall be conducted for new construction in commercial and industrial zones, new construction in the Historic Character ( Overlay district and of multiple family residences, and whenever required by this title. E. Findings. The planning commission, city council, or community � development director, where authorized, may approve a� minor use �� ermit for architectural review only if all of the following I �� p �– I findings of fact can be made in an affirmative manner: 1. The proposal is consistent with the architectural guidelines of the city, or j guidelines prepazed for the area in which the project is located; !� 2. The proposal is consistent with the text and maps of the Airoyo Grande general plan and this title; 3. The proposal will not be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of the proposed project; � 4. The general appearance of the proposal is in keeping with the character of E the neighborhood; 5. The proposal is not detrimental to the orderly and harmonious i development of the city; � 6. The proposal will not impair the desirability of investment or occupation � in the neighborhood. i ; 16.24.010 Created. i In order to provide a uniform basis for regulating the use of land, buildings and structures, and to establish minimum site development regulations and performance standards � applicable to sites within the city, the city is divided into the following zoning districts: A. Agricultural Districts: i 1. General agricultural (AG) district; � 2. Agricultural preserve (A�AP)district. � ! B. Residential Districts: � 1. Residential estate (RE)district; 2. Residential hillside (RH) district; 3. Rural residential (RR)district; 4. Residential suburban (RS) district; � 5. Single—family residential (SF)district; �,I 6. Village residential (VR); 7. Condominium townhouse (MF) district; 8. Multifamily apartment(MFA) district; 9. Senior housing (SR)district; 10. Mobilehome park (MHP) district. � I C. Commercial Districts: � 1. General commercial (GC) district; !, � ; 3-2 Villaqe Core Downtown NCD) district; 43. Villaae Mixed Use District(VMU) district; � ` 4. Office professional (0) district; 5. Highway commercial (HC)district. ' ' � 16.24.020 Adoption of Zoninq Map. The boundaries of the zoning districts established pursuant to Section 16.24.010 are delineated upon that certain map entitled "Zoning Map of the City of Arroyo Grande," sometimes I referred to as the "zoning map." The zoning map, together with all legends, notations, ! references, boundaries, and other information thereon, is incorporated into this title by ' reference. A-�s{�'�k�eThe o�cial current zoning map shall be kept on file with the s� sler-{�Director of Administrative Services and pLa�i�g-s{+�es#e�Communitv Development Director II and shall be made available to the public. Changes in the boundaries on any district shall be � made by ordinance pursuant to Section 16.16.040 of this title, and shall be reflected on the i zoning map. The si#��{�Director of Administrative Services shall be responsible for keeping � official records relative to zoning map amendments. } 16.24.030 Determination of Zoninq District Boundaries. A. Wherever a lot or site is divided by the boundary between districts, the regulations applicable within each district shall apply to each portion of the site situated in a separate district. B. The following rules shall apply for determining the boundaries of any district on the zoning map: � 1. Where boundaries are indicated as approximately following street and alley lines or other identifiable property or boundary lines, such lines shall be construed to be the district.boundary. Where boundaries are indicated as within a street or alley, the center line thereof shall be construed to be the district boundary. 2. In unsubdivided property, where a district boundary divides a lot, the location of the district boundary, unless the same shall be indicated by dimensions, shall be generally determined by the �+�g �Communitv Development Director by use of the scale appearing on the official zoning district map. 3. A symbol or symbols indicating the classification of property on the zoning district map shall in each instance apply to the whole of the areas within the zoning district boundaries. 4. Where a public street, alley or right-of-way is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to each half of such vacated or abandoned street, alley or right-of- way. I Chapter 16-36 � COMMERCIAL AND MIXED USE DISTRICTS � 16.36.010 Purpose and Intent. The general plan outlines goals, objectives and policies regarding the character of commercial uses and development. It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies, and that are aimed toward the provision of adequate and appropriate commercial areas within the city. These commercial areas, or districts, must be conveniently located, efficient, attractive, ! i � � � and have safe and easy pedestrian and vehicular circulation in order to serve the retail and service commercial needs of Arroyo Grande residents and businesses. In addition to the above, the commercial and mixed use districts are in�luded in � � the zoning regulations to achieve the following purposes: A. Provide appropriately located areas for office uses, retail stores, service establishments, and commercial commodities and services required by ' residents of the city and the surrounding market area; B. Encourage the concentration of office and commercial uses for the convenience of the public and to secure a more mutually beneficial relationship to each other; C. Provide adequate space to meet the needs of modern commercial ' development. This includes off-street parking and loading areas; D. Minimize traffic congestion and to avoid the overloading of utilities by � preventing the construction of buildings of excessive size in relation to the I amount of land around them; and E. Promote high standards of site planning, architecture and landscape design for office and commercial developments within the city. F Promote compact communitv desiqn to enhance safetv and reduce auto � trave) bY providinq shoppinq services jobs and housinQ in proximitv. 16.36.020 Commercial and Mixed Use Development Districts and Site I Development Standards. A. General Commercial (GC) District. The p.rimary purpose of the general , commercial (GC) district is to provide for the general shopping needs of I area residents and workers with a. variety of retail and commercial '', services. Typical uses include, but are not limited to, general retail, food !� markets, commercial services, professional offices, hotels/motels, i restaurants, and home improvement centers. See Table 16.36.030-A for '� . more information for allowable uses and Table 16.36.020-C for minimum �, site development standards for commercial development within i commercial districts. � � � , , , , ' �I � , , , i , , �a�4e-�6. . B VillaAe Core Downtown fVCD) District. The primarv purpose of the VCD district is to provide for a combination of commercial, office, upper-storv residential uses and compatible related develoqment to promote ' pedestrian use and eniovment of the downtown Villaae area. Requlations for the VCD district combined with the Historic Character Overlav district, promote and preserve older architectural stvles compatible with the historical small-town nature of Arrovo Grande. Tvpical uses mav include, but are not limited to, second-story residential and office, specialty retail and studios such as art qalleries, book-stores, antique stores, flower shops, personal services, small markets and restaurants (withot�t drive- through windows). The VCD district implements and is consistent with the Village Core land use designation of the General Plan. See Table 16.36.030-A-1 for allowable uses and Table 16.36.020-A for minimum site development standards � !, '� �' i i I � a Ei I I i I � � � � � � �I f i Tabie 16.36.020.A. I 1. Maximum Densi Mixed tJse Pro'ects 15 dwellin units er ross acre - 2. Minimum Lot Size 2 500 s uare feet 3. Minimum�ot Width 25 feet 4. Front Yard Setback 0 — 15 feet. Structures Nnically built at back of sidewalk. Exceptions include entrance courtyards and areas for outdoor dining determined through discretionarv review. 5. Rear Yard Setback 0-15 feet 6.Side Yard Setback 0 feet 7.Street Side Yard Setback 0-15 feet 8. Building Size Limits Maximum hei4fit is 30 feet or three stories. whichever is less: a maximum of 36 feet is allowable throu4h the Variance process. � Maximum Buildina Size is 20.000 sauare o a o �� feet. � � ! � �. s� s y,. -- o "'_"..�'_ a e a � e � . . • � ', � . .,� �� .� � Average lot Elavafton _ � ,� 9.Site Coveraae Ma�mum coverage of site that mav be ', . covered bv stnactures and oavement is 'I 100%. ' Maximum Floor Area Ratio is 2. ', , i i i � i � I � i � Floor Area Ratio of 2 10. Site Desiqn See Design Guidelines and Standards for I Historic Districts 11.Off-Street Parking and Loadinq � See Parlcinq and Business Improvement District Plan in Section 16.56.020 i 12. Siqns See Section 16.60 and Design Guidelines ; and Standards for Historic Districts C Villaqe Mixed Use (VMU) District. The primarv purpose of the VMU district is to provide for a mixture of commercial office and residential uses comqatible with surrounding residential districts in small-scale pedestrian-oriented developments Requlations for the VMU district combined with the Historic I Character Overlay district promote and preserve older architectural stvles, � f � E � and encourage a harmonious interminglina of other structures. This district encouraqes use of existinq residential buildinqs for non-residential uses. �pical uses mav include sinqle and multiple family residential, specialtv retail sales professional offices personal services and neighborhood markets. See Table 16.36.030-A-1 for allowable uses and Table 16.36.020-B for minimum site development standards. Table 16.36.020.B. 1. Maximum Densi Mixed Use Pro'ects 15 dwellin units er ross acre 2.Minimum Lot Size 5 000 s uare feet 3.Minimum Lot Width 40 feet 4. Front Yard Setback ' 0-15 feet � 5. Rear Yard Setback 0 — 15 feet. If project is mixed use and/or . abuts a residential district then 10 feet R«r�uar reauired. dur.ter lP'+� I lp{d � �� 6. Side Yard Setback 0 feet unless a aroiect is mixed use and/or �, abuts a residential district. then 5 feet is �! reauired for sinqle storv structures and 110 feet is reauired. on one side, for a multiole stories. 7.Street Side Yard Setback 0-15 feet. ', 8. Buildina Size Limits Maximum heiQht is 30 feet or three stories, li whichever is less: a maximum of 36_feet is � allowable throuah the Variance orocess. i � � Maximum Buildinq Size is 10.000 spuare feet. , I � � 9. Site Coveraqe Maximum coveraqe of site that mav be covered bv structures and aavement is 100%. Maximum Floor Area Ratio is 2. � I Floor Area Ratio of 1 � I I � i � � N-a -�'.t-a -a. 2 870R�6S 9.Site DesiQn See Desiqn Guidelines and Standards for Historic Districts. � 10.Off-Street Parkina and Loadinq See Parkinq VMU and HCO combininq I, district in Section 16.56.020.C. 11. Siqns See Section 16.60 and Desiqn Guidelines ', and Standards for Historic Districts. ' i { I D.G. Office Professional (0) District. The primary purpose of the office � professional �O) district is to provide areas for the establisFiment of corporate, administrative, and medical offices, as well as commercial services that are required to support major business development. Retail facilities, such support business operations and which can take advantage of high traffic volume street frontages, are also encouraged/required. Typical uses include, but are not limited to, administrative and professional offices, business-related retail and service functions, restaurants (no drive- through windows), health clubs, financial institutions, medical and health care facilities and �vocation and trade schools. See Table 16.36.030-A for more information for allowable uses and Table 16.36.020-C for minimum site development standards for commercial development within commercial districts.- E.S----Highway Commercial (HC) District. The primary purpose of the highway commercial (HC) district is to provide areas for a variety of visitor-serving and auto-related uses in areas along major travel routes. Typical uses include, but are not limited to, administrative and executive offices, financial services and institutions, recycling facilities, department stores, food stores and supermarkets, home improvement stores, restaurants, � vehicle sales, auto-related repair and service, and hotels/motels. See I Table 16.36.030-A for more information for allowable uses and Table 16.36.020=C for minimum site development standards for commercial ' development within commercial districts. � Table 16.36.020-C • 1. Lot area in s uare feet 10 000 10 000 10 000 2. Lot width 80' 80' 80' 3. Lot de th 100' 100' 100' 4. Front buildin setback measured 15' 15' 15' from ro e line 5. Interior side buildin setback 0'a p'a 0'a 6. Street side buildin setback 15' 15' 15' 7. Rear buildin setback 0`a 0'a 0'a 8. Maximum lot covera e 45% 45% 45% 9. Maximum floor area ratio 0.5 0.5 0.5 10. Maximum buildinq heiqht 30' or 2 30' or 2 30' or 2 � stories stories stories whichever whichever is whichever is is less less less 11. Maximum buildin size in s uare feet 102 500 102 500 102 500 F. Historic Character Overlay (HCO) District. The primary purpose of the historic character overlay (HCO) district is to identifv, promote, �reserve and protect the historic, cultural, and/or architectural resource values and encourage compatible uses and architectural design. The architectural review committee is responsible. for advising the community development director on historic, cultural, andlor architectural component of projects. The historic character overlay district implements and is consistent with the villaqe core land use categorv of the qeneral plan. G. General Reauirements. 1. The creation of new lots within mixed use or commercial districts followinq the date of adoption of this title shall conform to the minimum dimensions, except in the case of condominium lots or individual lots within a shoqping center, in which case minimums �!, shall be established by Conditional Use Permit and/or� subdivision '�� map approval provided: a. A conceptual development plan for the entire center has been app�oved pursuant to the provisions of this title; b. Appropriate easements for reciprocal access, parking and maintenance are recorded. and maintained. H. Special Requirements Mixed Use and Commercial districts. 1. Unless specified differentiv in section 16.36:020, wherever a lot in anv mixed use or commercial district abuts a lot in anv residential district, a minimum building setback of twentv (20) feet measured from the property line shall be repuired for proposed commercial use. A minimum of ten (10) feet of this setback area shall be I landscaped; the remainina area mav be used for required off-street arp king: 2. Unless specified differently in section 16.36.020, in anv mixed use or commercial district, a finro-storv addition closer than fiftv (50) feet to an existing single family residence shall reQUire a minor use permit prior to issuance of a building permit. 3. Where off-street parking areas are situated such that they are visible from the street, an earthen berm, wall, or combination ( wall/berm three feet in height shall be erected withih the required landscape area to screen the parking areas. 4. In all mixed use or�commercial districts, repuired front and street � side building setback areas shall be landscaped. The landscapina shall consist predominantly of plant materials except for necessary walks and drives. A minimum landscaped area five (5) feet in depth.-shall be provided befinreen the property line and the off-street parking area, with additional landscaped area befinreen the parking area and the buildinq, unless otherwise approved bv Minor Use Permit. 5. A street side buildina setback area shall be used only for I landscapina, pedestrian walkways, or driveways. Required rear and interior� side buildina setback areas shall be used onlv for landscapina, pedestrian walkwavs, or driveways, unless otherwise I approved by Minor Use Permit. 16.36.030 Commercial and Mixed Use Regulations. � A. Permitted uses within commercial districts in the city are identified in Table I lc irlon�i�nrl in T.�hle �a �a n�n e .�c D/DD/f` m.��i 4� �+F�i-1 16.36.030-A. �es�TTm,�.�-�,--ra . . e--�ef�►:�.� « ,� , • , {f A{ ) �a-"�Uses not identified in the table are prohibited. Note that other sections of the development code, general plan goals and objectives, and other federal, state and local requirements may also apply to proposed commercial uses. � Table 16.36.030-A Uses Permitted Within Commercial Districts Please note that the followinq table is an interim summarv until existinq GC. O and HC districts I are amended to incornorate mixed use and other clarifications✓chanpes. Legend P/PP/G These may be permitted (P), permitted with �let-Fewewminor use permit (PP) or ( require a conditional use permit (C). See Section 16.16.050 and/or 16.36.050 for additional information. P Permitted PP Permitted Subject to minor use permit � NP Not Permitted GC General Commercial � O Office Professional HC Highway Commercial Table 16.36.030-A A. Professional O�ce and Related Uses 1. Administrative and executive offices P/PP/C A-�RW� P/PP/C P/PP/C 2. Artist and photographic studios, not P/PP/C �� P/PP/C NP including the sale of equipment or su lies 3. Artist and photographic studios, including P/PP/C F�RREG NP NP the sale of e ui ment or su lies 4. Clerical and rofessional offices P/PP/C A�R�P,�S P/PP/C P/PP/C 5. Financial services and institutions P/PP/C P�RR/� P/PP/C P/PP/C 6. Medical, dental, and related health P/PP/C F�P�S P/PP/C NP services for humans, including laboratories, clinics, and the sale of articles clearl incidental to the senrices , :, G�� . .. ,. . . rovided 7. Political or philanthropic organization P/PP/C �S P/PP/C ' P/PP/C head uarters 8. Prescription pharmacies, when located P/PP/C �RR�� P/PP/C NP within a building containing the offices of medical ractitioners 9. Travel a encies P/PP/C �6 P/PP/C P/PP/C 10. Tele ra h and tele ram offices P/PP/C P-�R-R-�G P/PP/C NP B. Industrial/Research and Development Uses 1. Materials dealers P/PP/C NR NP NP 2. News a er rintin and ublishin P/PP/C �R NP NP 3. Recycling facilities, including reverse PP A�R NP PP vending machines and small collection facilities** I 4. Sign painting shops within a P/PP/C NR NP NP ' com letel enclosed buildin I C. Commercial Uses � 1. Adult businesses C �R NP C � 2. Ambulance service P/PP/C �R P/PP/C P/PP/C i 3. Anti ue sho s P/PP/C RERR�G NP P/PP/C ' 4. A arel stores sales P/PP/C R�R� NP NP 5. Art galleries; music studios; and art, P/PP/C �� P/PP/C NP � music, and hoto ra hic su I stores 6. A liance stores and re air P/PP/C �R NP NP � 7. Arcades*" P/PP/C A�R NP NP 8. Bakeries retail onl P/PP/C �6 NP NP 9. Barber and beau sho s P/PP/C �6 NP NP 10. Bic cle sho s nonmotorized P/PP/C F�RR�6 NP NP 11. Blueprint, photocopy, and offset printing P/PP/C A�R P/PP/C NP services 12. Book, ift and stationa stores P/PP/C ��RREG P/PP/C NP 13. Cand stores and confectioneries P/PP/C R�RREG NP NP 14. Caterin establishments P/PP/C P,�RR�� P/PP/C NP 15. Cleanin and ressin establishments P/PP/C �G NP NP 16. Dai roducts stores P/PP/C A�R NP NP 17. De artment stores P/PP/C P�RR�6 NP P/PP/C 18. Drug stores and pharmacies not within a P/PP/C R�R�G P/PP/C NP building containing the offices of inedical ractitioners 19. Electronic e ui ment sales and service P/PP/C F�RP-/� NP P/PP/C 20. Feed and tack stores P/PP/C �RR�6 NP NP 21. Floral sho s P/PP/C �RRl� P/PP/C NP 22. Food stores and su ermarkets P/PP/C �RW� NP P/PP/C 23. Furniture stores, re air and u holste P/PP/C �RP�6 NP NP 24. General retail stores P/PP/C �RR�� NP NP 25. Hardware stores P/PP/C P�P�� NP NP 26. Hobb sho s P/PP/C �RRE� NP NP . �. - ��_�: 27. Home im rovement stores indoor P/PP/C F-�R�R�� NP P/PP/C 28. Home im rovement stores outdoor P/PP/C �RR�S NP ' P/PP/C 29. Janitorial services and su lies P/PP/C �R NP NP 30. Jewel stores P/PP/C F�RR/� NP NP 31. Kiosks (e.g., parking lot film P/PP/C A�R NP P/PP/C rocessin and ke sho s 32. Laundry pick-up and delivery agencies; P/PP/C �S NP P/PP/C self-service laundries 33. Li uor stores P/PP/C �/RR-�G NP NP 34. Locksmith sho s P/PP/C �RR-�6 NP P/PP/C 35. News a er and ma azine stores P/PP/C �G P/PP/C NP 36. Nurseries and garden supply stores P/PP/C �R�W� P/PP/C NP (provided all equipment and supplies are kept within a building or screened enclosed area) , 37. Office and business machines and P/PP/C A�R�G P/PP/C NP i equipment stores ! 38. Pet sho s P/PP/C �� NP NP i 39. Plumbin sho s and su lies P/PP/C �R NP NP � 40. Second hand stores P/PP/C �G NP NP � 41. Sho in centers P/PP/C F�RR,F� NP P/PP/C 42. Shoe re air P/PP/C R�R�R�� NP NP 43. S ortin oods sfores P/PP/C R-�RR� NP P/PP/C 44. Stam and coin sho s P/PP/C P-�R�G NP NP 45. Swimming pool and spas sales and P/PP/C P1R NP NP su lies 46. Tailor sho s P/PP/C �G NP NP 47. Taxidermists P/PP/C �R P/PP/C P/PP/C 48. To stores P/PP/C P�RR,�� NP NP 49. Varie stores P/PP/C �� NP P/PP/C D. Restaurants Other than Fast Foods 1. a. With entertainment and/or serving P/PP/C F�RR,F� P/PP/C P/PP/C alcoholic beverages b. Without entertainment and/or serving P/PP/C �/�� P/PP/C P/PP/C alcoholic bevera es E. Fast Food Restaurants** 1. With drive-thru window P/PP/C A�R NP P/PP/C 2. Without drive-thru window P/PP/C R/�G P/PP/C P/PP/C F. Cocktail Loun e P/PP/C R/�� P/PP/C P/PP/C G. Hos ital Uses 1. Hos itals includin convalescent hos itals NP A�R P/PP/C NP 2. Veterinary offices and animal hospitals, P/PP/C A�R P/PP/C NP includin exterior kennels, ens, or runs 3. Veterinary offices and animal hospitals, P/PP/C R�RR�G P/PP/C NP excludin exterior kennels, ens, or runs H. Vehicle Sales � �� 1. Automobile and li ht truck sales'"* NP I�R NP P/PP/C 2. Automobile rental agencies (excluding NP �R NP ' P/PP/C outdoor storage of vehicles not for onsite rental ** 3. Bic cle sho s motorized NP �P�R NP P/PP/C 4. Boat and cam er sales and service NP A�R NP P/PP/C 5. Motorc cle sho s sales and service NP A�R NP P/PP/C I. Auto-Related Re air and Service 1. Automobile and li ht truck re air''* NP �R NP P/PP/C 2. Automobile service station"* . a.With mini-market NP A�R NP P/PP/C b.Without mini-market NP �R NP P/PP/C 3. Automotive washing (mechanical or P/PP/C NR NP P/PP/C j self-service j 4. Tire sales and service NP A�R NP P/PP/C J. HoteUMotel 1. Bed and breakfast inns P/PP/C J�RR�� P/PP/C P/PP/C 2. Hotels and motels (subject a maximum P/PP/C �G NP P/PP/C densi 40 uest rooms er acre K. Unclassified Uses 1. Athletic and health clubs P/PP/C A�R P/PP/C NP 2. Commercial recreation facilities indoor P/PP/C �4R P/PP/C P/PP/C 3. Commercial recreation facilities P/PP/C �R NP P/PP/C outdoor ** 4. Mortuaries and cemeteries P/PP/C �JR NP P/PP/C 5. Mini stora e for ublic use P/PP/C A1R NP P/PP/C 6. Surface arkin facilities commercial ** PP �R PP PP 7. Recreational vehicle ark NP �VR NP P/PP/C 8. Theaters, including both motion picture P/PP/C F�R�G NP P/PP/C and live erformin arts 9. Trans ortation facilities P/PP/C �� P/PP/C P/PP/C L. Pub11c/Quasi-Public Uses 1. Churches P/PP/C ��R� P/PP/C NP 2. Clubs, lod es, fraternities and sororities P/PP/C P�RRI� P/PP/C NP 3. Day nurseries, nursery schools, and P/PP/C R�R�� P/PP/C NP child care facilities 4. Educational institutions (including P/PP/C �/�RR�� P/PP/C NP ublic and rivate vocational schools 5. Fire and olice stations P/PP/C �� P/PP/C P/PP/C 6. Post office branches P/PP/C P�RRE� P/PP/C P/PP/C 7. Public libraries and museums P/PP/C RERR�F6 P/PP/C P/PP/C 8. Public utilities and public service P/PP/C �S P/PP/C P/PP/C substations, reservoirs, pumping plants, and similar installations, not including public utili offices M. Residential Uses 1. Conqreqate care, assisted livinq, and P/PP/C R�RREG P/PP/C NP � convalescent homes 2. Multiple-family residential uses located NP �6 P/PP/C NP above a ermitted commercial or office use 3. Historic residential uses NP �RR�6 NP NP 4. Commercial use allowed in NP R�RR�G NP NP district/existin historic residential use 5. Homeless shelters within religious or P/PP/C R�RR�G P/PP/C P/PP/C social or anization buildin s N. Temporary Uses P R P P (Subject to the provisions of Section 16.16.100, and the issuance of a Tem ora Use Permit O. Accesso Uses 1. Accessory uses and structures located on PP �R PP PP ; the same site as a ermitted use 2. Accessory uses and structures located on PP �R PP PP the same site as a use requiring plot plan review � 3. Accessory uses and structures located on P/PP/C R�R-F�G P/PP/C P/PP/C the same site as a use requiring a conditional use ermit P. Other uses similar to, and no more P/PP/C F�PR�S P/PP/C P/PP/C objectionable than the uses identified above, as determined by the Planning Commission ** See related standards in Cha ter 16.52. ( Table 16.36.030-A 1 Uses Permitted Within Commercial and Mixed Use Districts (Development Code Update 2003) � � Uses Permitted Within Mixed Use and Commercial Districts VCD = Village Core Downtown VMU = Village Mixed Use HCO = Historic Character Overlav District (Desiqn Overlav District 2.4) P =permitted use MUP = Minor Use Permit , CUP = Conditional Use Permit � NP = Not Permitted I PED = Not permitted in pedestrian oriented storefront locations Table 16.36.030-A1 Allowed Land Uses Permit Reauired Bv District S ecific Us and Permit All new commercial buildinas recruire a Conditional Use Permit. Standards Re uirements LAND USE VCD VMU MU-1 MU-2 'MU-4 MU-6 MU-5 MU-3 OP RC HCO A. Services-Business. Financial, Professional ATM MUP MUP Bank MUP MUP Financial Services MediCal ServiCes— MUP/ MUP doctors office PED Medical Services— CUPi MUP clinic lab ur ent care PED Medical-hos ital NP NP Office—accesso MUP MUP Office— ovemment MUP MUP O�ce— rocessin CUP MUP Office- rofessional MuP MUP Veterinarv clinic, NP CUP animal hos ital B.Services-General Adult dav care— MUP! MUP 16.52.120 14 or fewer clients PED Adult day care— NP NP 16.52.120 15 or more clients Automotive and . NP NP 16.52.210 vehicle services- Major�epair or bodv work Automotive and NP NP 16.52.210 vehicle services— minor maintenance or reaair including tire services Ailowed Land Uses Permit Required Bv District S ecific Us and Permit All new commercial buildings repuire a Conditional Use Permit. Standards Re uirements • LAND USE MU-1 MU-2 MU-4 MU-6 VCD �U MU-5 MU-3 OP RC HCO Catering services MUP/ MUP PED Chi�d dav care center— MUP/ MuP 14 or fewer PED Child dav care center— MUP/ MUP 16.52.120 15 or more PED Drive-throu h services NP CUP E ui ment rental NP CUP Kennel.anima) NP CUP 16.52.100 '� boardin i Lodginq-Bed& MUP MUP 16.52.080 ' breakfast inn Lod in -Hotel or motel CUP CUP Lodginp-Recreational NP NP VehiGe R Pa�lc Maintenance services- NP MUP client site services Mortuarv.funeral NP NP home Personai services MUP MUP Personal services- NP NP 16.52.030 Restricted Public safeN faciliN MUP/ P PED Renair service- NP CUP Eauioment, larae a liances etc. Social services NP CUP or anization Tele-communiqtion NP CUP facilities comme�cial C. Industrv.Manufacturinq 8 Processinq,Wholesalina.StoraAe Aaricultural aroduct NP CUP rocessin Construction NP NP contractors Fumifure and fixtures NP NP manufacturinq,cabinet sho Industrial research and NP NP develo ment Laboratorv—Medical. NP NP analvtical,research and develo ment Manufacturin4/ NP NP rocessin —Hea Manufacturing or NP NP Processin —Li ht Allowed Land Uses Permit Reauired Bv District S ecific Us and Permit All new commercial6uildinps reauire a Conditional Use Permri. Standards Re uirements • LAND USE MU-1 MU-2 MU-4 MU-6 VCD �U MU-5 MU-3 OP RC HCO Printin and ublishin NP NP Recvclinq–scraq and NP NP dismantiin ard � Recycling–Small MUP MUP collection facil' /PED Stora e–Outdoor NP P Storage(mini– NP NP stora e Wholesaling and NP NP distribution Wne NP NP D. Retail Trade Accessory retail uses P P ub'e to i Business � i ne � clearance ; Alcoholic beveraae CuP CuP sales Artisan sho MUP MUP Auto.vehicle and NP NP 16.52.060 heavy eqUlpmenl s81eS : 16.52.070 &rental Auto.vehicle parts NP NP sales w/installation services Buildinq and CUP CuP landscape materials sales-indoor Convenience store MUP MUP Drive-throu h retail NP NP Extended hour retail MuP MUP Farm suaaly and feed NP CUP store Farmers market MUP MUP Fuel dealer NP NP (aroaane for home and farm use Gas station NP NP 16.52.170 General retail-5.000 sf P P Subied to or less Business License clearance General retail- MUP CUP � 5 001 to 19 999 sf � � General retail- NP NP — — � 20.000 sf to 102.500 sf ; Allowed Land Uses Permit Required Bv District S ecific Us and Permit AlI new commercial buildinas repuire a Conditiona!Use Permit Standards Re uirements • LAND USE VCD VMU MU-1 MU-2 MU-4 MU-6 MU-5 MU-3 OP RC HCO Groceries.saeciaitv CUP � foods-20.000 sf or less GroCeries.specialtv NP NP foods 20.000 sf to 102 500 sf Outdoor retail sales MUP MUP and activities Mobile home.boat,or NP ►vP RV sales Produce stand M�1P MUP Restaurant.cafe. MUP MUP 16.52.180 Coffee sho Restaurant.drive- NP NP 16.52.090 throu h fast food Second hand store MUP MUP Shoaning center NP CUP Warehouse retail = NP NP 1 .56 2.160 E. Recreation. Education & Public Assembiy Uses Bar/tavern/niQht club CUP �UP Club, lodae,arivate MUP CUP meetin hail Commercial recreation CUP CUP or saorts facilitv— Indoor Commercia)recreation NP CUP or sports facilitv— Outdoor Communitvi center CUP UP Conference/ CUP IVP convention facili Eouestrian facilitv NP NP fitness/health facilitv CUP CUP Librarv.museum MUP MUP Park, alavqround CUP CUP Religious facilitv CUP/ CUP PED School—Elementarv. NP CUP middle seconda School—Saeaalized CUP/ CUP educationftrainin PED Studio—art.dance MUP MUP martial a�ts music etc. Theater.auditorium CUP CUP Allowed Land Uses Permit Required Bv District S ecific Us and Permit All new commercial buildinps repuire a Conditional Use Permit. Standards Re ui�ements � LAND USE MU-1 MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC HCO F. Residential Uses Assisted Livina CUP CuP MU Home occupation P P MU 16.16. 90 Live/work unit UP CUP Prohibited in coniunction with restricEed ogrsonal services and vehicle maintenance/reoair. Use established in new or commercial buildinas must comalv with a��roqriate occu�ancv se�aration re uirements�oftheUBC. Multi-familv housinq NP CUP MU not located within a mixed use ro'ect Multi-familv housing in MUP MUP XXX a mixed use ro'ed /PED Residential care facilitv MUP MUP /PED Residential care CUP/ CUP facility. 7 or more PED clients Single familv NP MUP residential within a mixed use ro'ect P Other uses similar to.and compatible with other uses identified above,as determined bv the ' Planninq Commission,subiect to a Conditional Use Permit or Interpretation B Special Use Requlations -VCD and VMU Mixed Use Districts. 1. -Residential and Non-residential Uses on the Same Floor. Non-residential uses shall be permitted on the same floor as a residential use subiect to the issuance of a Conditional Use Permit, in accordance__with Section 16.16.050, Conditional Use Permits, of this title. '' 2. Projects within the HCO District are subject to the Design Guidelines and !i Standards for Historic Districts (as amended) and are subiect to the desiqn , review and approval process established therein. j 3. Location of Residential Uses. Residential uses shall be limited to floors above street level in the VCD district. Lobbies, entrvwavs, and other non- � habitable space for residential uses shall be allowed on the street level. ', Exceptions may be qranted for Designated Historic Structures subiect to '�, the issuance of a Conditional Use Permit, in accocdance with Section i 16 16 050 Conditional Use Permits, of this title. Prior to approvinq a !, Conditional Use Permit for exceptions allowed in this section, all of the ' followinq findinqs must be made alonq with the general findinqs required for ' the approval of a Conditional Use Permit: I ; i I a. The exception is reasonably necessarv to maintain the historical inteqritv of the structure b. The proiect mee_t_s the intent of the Design Guidelines and Standards for Historic Districts tas amended). 4. Use of Non-residential Space. Non-residential spaces shall consist of uses that serve clients and patrons that visit the site. These spaces may not be exclusivefy used for storage for other businesses or used for adiacent residential purposes. 5. Location of Parking. Parking for residential and non-residential purposes shall be Iocated behind buildings or to the side of buildinqs when parkinq behind buildinqs is not- possible. Driveways shall not access Branch Street:. Off-site parkinq mav be allowed by CUP within 200 feet of the uses served, or by public parking provided for properties within the ParkinQ and Business Improvement District fPBID�. 6. All discretionary land use approvals shall include Fire Chief review addressinq a contribution towards the ultimate goal of fire sprinklers in all buildinqs in the VCD and VMU districts. Complete fire svstems, bondinq for future installations, or partial installations shall be required. C. Residential densities in mixed-use zones. 1. TFiis title limits the maximum residential densitv for each mixed-use zone; however, the densitv allowed for anv residential proiect within the Citv mav be varied through the approqriate discretionary review process, when discretionarv review is provided for in this title. The Communitv Development Director, Planninq Commission and/or Citv Council shall have the authoritv to reasonably ', condition anv residential development subiect to discretionarv review to ensure � proper transition to and compatibilitv with adiacent developments, existinq or li proposed. ', 2 For the purpose of mixed use development residential density is defined as follows: !, � Residential Dwellinq Unit Tvpe Densitv Eauivalent I LivelWork Unit .5 I Studio •5 1-bedroom .75 2-bedroom 1 3-bedroom 1_5 4-bedroom 2 i i f �� 1 �1 �1 „ :� i 1 � �1 �1 , �1 �� 1 \ L � � � � � � � ! 1 � � �� ` �� 1 , � , � � � / T ._ �� / �1 1 �1 � 1 � � �1 �1 1 � � �r 1 ■ 1 � � 1 � � 1 • �� 1 1 � 1 � �1 � 1 ,1 �I • � � � •�I �� 1 �� 1 � � • � • � � �1 � � •I � : �' � �� 1 �� 1 1 �I �I 1 • i � 1! � � � �� U (� � � �1 � • 1 1 � � � �� 1 � �1 �1 � � ' �� 1 � � � � �I ' 1 / �� I �1 �� 1 �r �� r � 1 � � �/ �1 ( � � 11 �� ' �1 � / � 1 � � � ' �� 1) i� �� 1 1 � . �/ � �I � � 11 � � 1 �� I �� • � � � � / �1 / �� 1 �1 �� 1 1 �1 1 � � 1 I i i � �I 1 �/ 1 ' 1 � �1 ' �I �1 .' � � I �' � �1 �1 �1 � �1 � � \ � • 1 1 •�1 �� •I �� 1 �1 �1 .. �I �1 � � � � 1 � • 1 1 �� . � � � � � � � ;� ; �� j �� i � 1 � �1 �� 1 � � �� , � ' �1 " i , �1 �� 1 �1 � : � ' � �1 �� •� �1 , � ' �1 � �/ •, „ � �1 1 � , 1 � � . � � � ,' �� , � � �1 1 � � o � � � � � � �� u � u � � u � � � u � , � � u � u „ �� . : �' .. � � � �� 1 / �� .� � 11 „ • U ,� � � �� : �� ' �� ' •' �1 1� � � �I � � 1{ � � 11 �� 1 �� 1� � � � 1 � �1 �1 I �I �I 1 � 1 �/ 1 � 1 • � 1 � 1 � 1 � 1 � �1 I 1� � � 1 � � � �1 ;� „ 1 �1 � �1 � � �1 1 / y„ � � � � / �1 � ' � � , �1 � �/ �� 1 � I �1 1 / 1 �I �� ,I • � �I � 1 � ; � � i � / � ' 1 �1 � � �1 � 1 �� / 11 . 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No structure originally designed as a residence, hotel or motel, or as an accessory i structure or addition to a residence, shall be used for any commercial or office uses unless the building and site are improved to meet all code requirements for an office or commercial � development. This includes but is not limited to building code,fire code, and zoning ordinance requirements. Such a conversion shall be subject to a Minor Use Permit pursuant to Section ( � 16.12.060. . � � 16.48.060 Development Densitv. The general plan classifications specify the maximum allowable development density per gross acre of land owned �in fee by the applicant (including street � ' right-of-way that would revert to the property owner if abandoned). Rounding up to the next whole number is not applicable when figuring density except when calculating density for the provision of affordable housing or for mixed use districts where rounding to the next half number is appropriate. Density for Mixed Use districts is discussed in Section 16.36.050. 16.48.065 Mixed Use Proiects. This section provides standards for the desiqn of mixed used proiects. A. Desiqn considerations. A mixed used proiect shall be desiqned to achieve the followinq obiectives. 1. Potential noise, odors, Qlare, pedestrian traffic. and other potentiallv siqnificant impacts on residents shall be minimized to allow a compatible mix of residential and nonresidential uses on the same site. - 2. The desi�n of the mixed use proiect shall take into consideration potential impacts on adiacent properties and shall include specific desiqn features to minimize potential impacts. 3. The desiqn of a mixed-use project shall ensure that the residential units are of a residential character. and that privacv between residential units and between other uses on the site are maximized. 4. The desiqn of the structures and site planning shall encouraqe inteqration of the street aedestrian environment with the non-residential uses throuqh the use of plazas, courtvards, walkwavs, and street furniture. Desiqn amenities shall encouraQe travel bv walkinq, bicvclinq and public transit. 5. Site planninq and building desictn shall be compatible with and enhance the adiacent and surroundinq residential neiqhborhood in terms of scale, buildinq desiqn, color, exterior materials, roof stvles, liqhtinct, landscaping and siqnacte, to preserve the rural nature and small town character of Arrovo Grande. B. Mix of Uses. 1. A mixed use proiect may combine residential uses with anv other use allowed in the applicable zoninq district bv Section 16.36.030, provided that where a mixed use project is proposed with a use reauired bv Section 16.36.030 to have Minor Use Permit or Conditional Use Permit approval in the aaplicable zoning district, the entire mixed use proiect shall be subiect to that permit requirement. 2. For substandard lots, a mixed-use proiect that provides commercial and/or ; office space on the qround floor with residential units above (vertical mixl is i encouraqed over a proiect that provides comme�cial structures on the front portion of the lot with residential uses placed at the rear of the lot (horizontal ; mix . C. Site lavout standards. ' Each proposed mixed-use proiect shall complv with the propertv-development � standards of the applicable zoninq district, and the followina reauirements. 1. Open space. A minimum of 350 feet of anv combination of public or private open space shall be required for each residential unit and be �ermanently maintained.- 2. Loadina areas. Commercial loadinq areas shall be located as far as possible from residential units and shall be screened from view from the residential qortion of the project to the extent feasible. 3. Refuse and recvclina areas. Areas for collection and storaqe of refuse and recvclable materials shall be located on site in locations that are convenient for both the residential and non-residential uses. D. Performance Standards. 1. Liqhtinq. Liqhtinq for the commercial uses shall be appropriatelv shielded to minimize impacts on residential units. 2. Noise. All residential units shall be desi4ned to mitiqate impacts from non- residential proiect noise, in compliance with the Citv's noise requlations. 3. Hours of 'operation. A mixed-use project proposinq a commercial component within 100 feet of a residential unit, that will operate outside of the hours of from 8:OOam to 6:OOpm shall require a minor use permit-(unless the proposal involves a conditional use permit as required bv section 16.36.030 A-1) to ensure that the commercial use will not interfere with the residential uses within the proiect. E. Repuirements for Use Permit proiects. A mixed use proiect that reauires Minor Use Permit or Conditional Use Permit aqproval in compliance with Subsection B is subiect to the followinq requirements. 1. Propertv development standards. The approval of a minor use permit or planned unit development for a mixed use project may include: a. Conditions of approval that repuire provisions and standards in addition to, or instead of the prope�tv development standards of the applicable zone district to ensure compatibilitv of uses and surroundinqs; or b. . Variation or exception to standards required by the applicable zoninq district, to the extent allowed bv Use Permit approval in other sections of these regulations, to make particular use combinations more feasible. , 2 Mandatorv findinqs for approval. The approval of a Minor Use Permit or ', Conditional Use Permit for a mixed use proiect shall require that the review ' authority first make all of the followinq findings, in addition to the findinqs , required for the permit approval as applicable. a. The mixed uses a�e consistent with the general plan and are compatible with their surroundin4s, with neiqhboring uses, and with each other; i b. The desiqn protects the public health, safetv, and welfare; and c. The mixed uses provide qreater public benefits than sinqle-use development of the site. This findinq must enumerate those benefits, such as proximitv of workplaces and housinct, automobile trip reduction, provision of affordable housinq, or other benefits consistent with the purposes of this section. 3. Mandatorv findinqs for variation or exception to standards. To allow propertv development standards that deviate from those of the underlvinq zone, the review authoritv must make one of the followinq findinQS: a. Site-specific propertv develo pment standards are needed to protect all proposed uses of the site, in particular residential uses; or b. b. Site-specific property development standards are needed to make the proiect consistent with the intent of these rectulations. 16.52.120. B. Permit Required. A minor use permit for large family day cares �er�i�(see � Section 16.16.190) shall be required for any large family day care facility. Pursuant to Health and Safety Code Section 1597.46 (b), large family day care homes shall not be subject to California Environmental Quality Act review. i 16.56.020. Applicabilitv C. Villape Mixed Use and Historic Character Overlav District Combininq District. For the area within the boundaries of the Villaqe Mixed Use and Historic Character Overlav District (Design Overlav 2.4), off-street parkinq facilities or the pavment of in-lieu fees, as established bv resolution, shall be qrovided as follows: 1. For chanaes in uses in existinq buildinps, additional off-street qarking facilities repuired bv a chanqe of use mav be reduced subiect to a Minor Exception in accordance with Section 16.16.120.6.5. bv qavment of in-lieu fees. 2. Existinq buildinqs that are remodeled or enlarged shall not be required to provide parkinq if the increase in the spuare footage is less than 600 s4. ft. If the addition is qreater than this amount. or involves the construction of a new building, off-street qarking shall be rectuired consistent with the followina: a. Off-street parking facilities consistent with requirements of Section 16.56.060; or b. A combination of off-street aa�lcing facilities and/or pavment of an in-lieu fee mav be qermitted through a Conditional Use Permit. 16.56.030 Location. � All off-street parking facilities shall be loca�ed to the side or rear of buildinqs if feasible �I and ��be accessible and usable for the associated use or activity. Parking required shall I I be located on site except as otherwise provided for in Section 16.56.050 of this chapter. � 16.56.050 Common Parkinq Facilities. i Common parking facilities may be provided in lieu of individual requirements if the total number of parking spaces is the sum of the requirements for individual uses and the parking facilities are located within two hundred (200)feet of the associated use. 1. The total parking requirement may be reduced to seventy (70) percent in all districts, except the VMU/HCO district where the reduction may be sixty (60) I percent of the required standard, if a parking study prepared by a licensed engineer or architect can clearly show that the shared uses have different hours of operation and would not conflict in their time of use. A conditional use permit shall be required to be reviewed and approved by the planning commission for such a reduction. 2. As a condition of allowing common parking facilities, parties using � common parking facilities shall provide evidence of such joint use by a proper legal agreement approved by the city attorney. Such agreements when approved shall be filed with the planning and building departments and recorded with the county recorder. � � � ATTACHMENT 1 Planning Commission Minutes: February 4, 2003 February 18, 2003 April 1 , 2003 June 17, 2003 July 15, 2003 , � MINUTES PAGE 8 PLANNING COMMISSION FEBRUARY 4, 2003 The foregoing resolution was adopted this 4t'' day of February, 2003. PUBLIC HEARING — ITEM II.B. — DEVELOPMENT CODE UPDATE CASE NO. 02- 006 — REVISION OF THE ZONING MAP; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — CITY OF ARROYO GRANDE. Prepared and presented by Teresa McClish. Staff presented proposed revisions to the Village Commercial and portions of the General Commercial core. Commissioner Brown • Where does the building height of 35' come from? Is 3 stories allowed? I Teresa McClish • The General Plan lists maximum building height not to exceed 35', and staff is evaluating if that maximum can be applied in the Village Downtown. Open Public Hearing Fred Baur—212 Short Street • Nancy Underwood is concerned about the old mortuary on the comer of Nelson and Short. Her home is across the street and mine is also. • I am in favor of the guidelines and consider them to be disaster prevention. • I'm on the Local Housing Task Force and like the Mixed Use district concept, which will add vitality to the downtown area. The task force wonders why three stories is not allowed considering the cost of property. • What does the City intend to do around the Nelson green? Teresa McClish • The land use designation is residential and the zoning is to remain residential. Rob Strong • Current 2001 adopted General Plan anticipated blocks of Mason and Nelson facing Nelson green would be residential. • As the plan was being adopted, the doctor's office on Mason was issued permits under the existing zoning to convert to office use. It is a single, non-conforming use. • Currently properties along Mason and south side of Nelson are zoned non- residential. There is an inconsistency in the plan. MINUTES PAGE 9 PLANNING COMMISSION FEBRUARY 4, 2003 Fred Baur • Are the uses for the Old Mortuary building going to change? Teresa McClish • A club, lodge or private meeting hall is still a permitted use with a Minor Use Permit. Nancy Underwood • Will I be notified if someone wants to change use of the meeting hall? • My concern is that the group that meets there is relatively quiet during meeting hours. However, for the first two years: 1) we were never notified and 2) no restriction on the hours they can conduct meetings. This dramatically affected our lives. ' — The official meeting time was 7:00 a.m., but they arrived earlier to set up. j — We were awakened every single morning for finro years by the noise. i — We were awakened late at night because meetings ran late (11:30 PM, 12:00 midinght, 1:00 AM). • Will this change in use benefit residents? • Will there be guidelines that determine the hours of operation? • Will residents be protected and not impacted by these guidelines? • Does the zero setback apply to the residential and Mixed Use area? Does this mean someone can build right up to the front of the property? • If a neighbor on the street sold their property and the new owner wanted to rebuild, would they be able to do a 0' setback? Teresa McClish • The current zoning has zero foot setback. • The proposed zoning has a 0' setback for the Branch street area and a 0'-15' setback for the Mixed Use area. Commissioner Guthrie • Under the current zoning the owner would be required to build with a 0' setback. • If you tore down a building in Village Commercial, you would be required to build with 0' setback. Teresa McClish • The new zoning standards include a variable (0'-15') setback. The proposed guidelines further state that new structures fit within the range of the setbacks within the block. Nancy Underwood � • Please consider that there are many long time residents. � MINUTES PAGE 10 PLANNING COMMISSION FEBRUARY 4, 2003 • Any Mixed Use zoning needs to take into account the lives of the people who live here and who want to live here. • Residents should not be "forced out" and tum their homes into rentals because of the impact of the Mixed Use district. Chuck Fellows—507 Le Pointe • Concemed about the impact of Mixed Use zoning. Initially did not realize the impact of Mixed Use zoning on residents. • Proposed project at 125 Nelson seems large and imposing in the neighborhood. • Village Mixed Use combination of residential and commercial may not work well. Public Hearing Closed ', Commissioner Guthrie • Concept of transition district is that it has residential and commercial side-by- side. In the Mixed Use concept there is a potential for operational, policing process to make it work. A residential home in a Mixed Use area may never be afforded the same peace and quiet found in an exclusively residential neighborhood. • We may not be able to allow certain types of commercial in the Mixed Use area (for example a restaurant that opens very ea�y in the moming and closes late at night). • Zero setbacks should extend down E. Branch and maybe Bridge Street and Tra�c Way. • Three stories in Downtown Core all right, but difficult to fit with guidelines — two stories may be better scale. • Issue with 15 dwelling units per acre. More than 15 (max.25)too dense. • Tough to find a 30,000 sq. ft. building that fits within the rules. Commissioner Arnold • 35' height OK, but not in the Village. Would prefer 25' height limit. Not OK with 3 stories in the Village. • 25 units per acre are too dense for Village. • 30,000 sq. ft. too large for Village. � Commissioner Fowler � • Equipment rental not permitted in the Village Core —what about a Pharmacy that ' wants to rent inhaling units? � • Recycling —thrift store? • Extended hour retail —would this affect stores that want to do it for the holidays? r • Can farm supply rent or sell a tractors? � I , I ____ _ � ___ _ _ _ J MINUTES PAGE 11 PLANNING COMMISSION FEBRUARY 4, 2003 Teresa McClish • Could consider it accessory use within the Use table. • Recycling — means cans, paper, plastic and other goods. • Extended hour retail — primarily for 24 hour stores. We can clarify. Commissioner Brown • OK with 15 dwelling units per acre. • OK with 35' height. • Strongly against 3 stories in Village Core. • Strongly against 30,000 sq. ft. in Village. Wants the number lowered. Vice-chair Keen • Park playground (new category). Would City need CUP process to build a park or playground? • 35' is too high. C.2 forced redesign to 30', which is more to scale for the community. Teresa McClish • Any park or playground would get discretionary review with public hearing. Commissioner Guthrie • The following things need to be addressed fairly quickly to mitigate problems in the Mixed Use areas: o PUD process for Mixed Use projects. o Need to increase sound qualities (example, double pane windows). Teresa McClish � • General Use standards in the code will address Mixed Use standards. ' DISCUSSION ITEMS: Conference: "It Takes a Region"—which commissioners will attend? � Creekside EIR: Will arrive by end of the month and have a 45-day pubGc review period. Commissioner Guthrie — Is it typical for an EIR to evaluate whether a project meets the design guidelines? I've never seen reference to City code in other EIRs. Rob Strong: Depends on the EIR author. There are some interpretive problems. Commissioner Brown: Concemed about the CUP for Tapatia Market. ; Rob Strong: Letter was written advising �them they are out of compliance and asking them to submit application. They have not provided an application. We will write another letter regarding lack of submittal. MINUTES PAGE 5 PLANNING COMMISSION FEBRUARY 18, 2003 Greg McGowan, 330 Tally Ho • Is there some data that can be used to evaluate and decide on square footage for secondary units? • He is a first time homeowner, a secondary unit is an option that would help him financially to survive here. • Concemed to hear that the City cannot enforce certain policies. • His lot is 18,000 s.f., zoned RS - with a small house (1,000 s.f.) built in 1936 that is made of rocks cemented together. It's charming, but... • He may want to build a primary unit that is much larger and use the existing structure as a secondary unit. He would want an ordinance that allows him the option to do that. Mike, Branch St. • Used to live in Napa. Suggested checking to see if they have studies the City can review. Public Hearing Closed ACTIONS: 1. Staff to check with Tim Carmel on CC&R's (do they supersede or supplement state and local regulations). 2. Adjoumed Meeting: Wednesday, February 26, 2003 at 6:00 PM • Secondary Units • Feedback to Local Housing Task Force PUBLIC HEARING — ITEM II.B. — CONTINUED ITEM — VILLAGE COMMERCIAL DOWNTOWN DISTRICT BOUNDARIES. Prepared by Teresa McClish and presented :_ by Rob Strong. � Rob displayed five (5) alternatives for revised Overlay District 2.4 and asked for � i Planning Commission recommendation. � ' Public Hearing Opened Susan Flores, 529 E. Branch • Would like the Village Core Downtown extended as shown in Alternative 5. Public Hearing Closed ! There was discussion about pros and cons related to extending the Village Core ' Downtown, building heights, 2 or 3 story maximums and setbacks. MINUTES PAGE 6 PLANNING COMMISSION FEBRUARY 18, 2003 Commissioner's preferences: _._____ ��__._�w __w W_�� __..... �.__.._.__..___ ; Commissioner Comments � Amold ; Agree with extending Village Core Downtown �� i 30' max height ; ' � 3 stories acceptable 3 � � Brown ��Agree with extending Village Core Downtown � � I � � 30' max height ' I 3 stories NOT acceptable ' � zero setback is preferred alternative — exception ' process can be used for exception situations i f � Fowler Agree with extending Village Core Downtown � 35' max height ' Guthrie Agree with extending Village Core Downtown 3 � 30' max height � ! 3 stories acceptable � zero setback is OK — there are places in the VCD ! ! where it may not be appropriate ; E ' Keen � i 30' max height ' ' 3 stories acceptable , NO zero setback 1 , Commissioner Fowler made a motion, seconded by Commissioner Amold that the Planning Commission accepts Alternative 2, extending the Village Core Downtown to Tally Ho creek and including Nelson and Mason streets facing Nelson Green, as shown � in Alternative 5. Ayes: Commissioners Arnold, Fowler, Guthrie and Keen Noes: Brown Absent: None DISCUSSION ITEMS: 1. Commissioner Brown asked to start Planning Commission meetings earlier and avoid going past 11:00 p.m. -decision to start future meetings at 6:00 p.m. 2. Commissioner Arnold: Signs noticing on parcels does not 5eem to t� done consistently. Asked staff to check in to the situation. Example: Farroll Road MINUTES � PAGE 6 PLANNING COMMISSION DRAFT APRIL 1, 2003 � PUBLIC HEARING — ITEM II.B. — DEVELOPMENT CODE AMENDMENT CASE � NO. 02-006 AND GENERAL PLAN AMENDMENT CASE NO. 03-001; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — VILLAGE OF ARROYO GRANDE. Prepared and presented by Teresa McClish. The Planning Commission discussed the following items related to this project: • In response to questions from Commissioners, Teresa and Rob explained why a General Plan Amendment is needed at this time and the reasons for zoning changes within the Village area. PUBLIC HEARING OPENED i Nancy Underwood, 125 Short Street, resident for 30 years ; . Sign at 125 Nelson indicated that the project is being discussed tonight. � • Against Mixed Use zoning. � • Concemed about impact on character of the Village, taking the community away from older home atmosphere. I, • Against 0 ft. setbacks, obstruct views of neighboring homes. , • Parking concerns; density of multi-use zoning. ' • Business hours operation is a significant concem due to the impact of noise on the Village residents. • The City needs to protect the character of Village and tourism. • Need more restrictions for properties where Mixed Use is implemented. Chuck Fellows, 507 Le Point Street • Mixed Use zoning, what are the allowed mixed uses and how will mixed use impact the Village character'? For example� the proposed 125 Nelson Street project with 5 commercial and 7 residential units. • Mixed Use area seems to be getting larger. Susan Flores, 529 E. Branch • Concern that the City Council throws out what the Planning Commission recommends (example: East Village Plaza) or that the Council approves projects without enough consideration. • Concem that other property owners may choose not to conform to Village style if Mixed Use zoning is implemented. • City Council members do not attend ARC and Planning Commission meetings and don't seem to be aware of the amount of work, thought and consideration that is put into projects before they go to Council. PUBLIC HEARING CLOSED The Planning Commission discussed the following items related to this project: S:\COMMUNITY DEVELOPMENT\PLANNING_COMMISSION\MEETINGS\2003\0401-03\41-03 Minutes draft.doc MINUTES PAGE 7 PLANNING COMMISSION APRIL 1, 2003 • The Commission is torn about how to handle the Mixed Use projects and the impact of Mixed Use on residents. • Lowest level definition of Mixed Use is residential and commercial uses side-by- side. Mixed Use implies more intensive use. Mixed Use will create more conflict. • The City needs strong protections and directions within the guidelines regarding adaptive reuse of existing buildings. • Strict guidelines should determine what types of Mixed Uses are allowed and how Mixed Use projects will be managed. • Scale of development is a significant part of the concern. Residents want to see residential scale in their neighborhoods. Could leave it residential until we are clear about what we mean by Mixed Use. • Parking requirements may need to be relaxed for adaptive reuse properties. Motion to approve General Plan Amendment 03-001 was approved on the following roll call � vote: � AYES: Commissioners Brown, Arnold, Fowler, Keen and Chair Guthrie. NOES: None ABSENT: None Motion to continue Development Code Amendment 02-006 to May 6, 2003 was approved on the following roll call vote: AYES: Commissioners Brown, Arnold, Fowler, Keen and Chair Guthrie. NOES: None ABSENT: None Staff is to provide the following items to the Planning Commission for the continuation meeting: 1. Map clarifications 2. VMU refinements N�N-PUBLIC HEARING — ITEM III.A. — PRE APPLICATION REVIEW C�►SE NO. 03�004; APPLICANT — CONNIE CETTI; LOCATION — 200 NEL�N STREET. Prtiepared and presented by Teresa McClish. Connie Cetti • Antique stores have low automobile traffic requirements. • Hours will be short and not disruptive to the neighborhood. Fred Baur, 212 Short Street S:\COMMUNITY DEVELOPMENT\PLANNING_COMMISSION\MEETINGS\2003\0401-03\41-03 Minutes draft.doc PLANNING COMMISSION DRA�T TUESDAY, JUNE 17, 2003 � PAGE 5 D.EVELOPMENT CODE AMENDMENT CASE NO. 02-006; APPLICANT — CITY OF ARROYO GRANDE; LOCATION — VILLAGE OF ARROYO GRANDE. Staff report prepared and presented by Teresa McClish, Associate Planner. Ms. McClish explained that this amendment was to revise the zoning map and Title 16 of the Development Code, Chapters 16.04, 16.08 16.12, 16.16, 16.22, 16.36, 16.48, 16.56 to rezone the Village Commercial District and portions of the Office District and General Commercial District to Village Core Downtown, Village Core Mixed-Use, and Village Residential and Single Family Residential. Ms. McClish answered Commissioner's questions: • The process will be to eliminate columns of the old table as the steps of the Development Code Amendments are taken for each district or area. • Appeal provisions are unchanged. • Proposed consent agenda is a way of reporting what has been approved by a MUP to the Commission and the public. Currently there is an administrative appeal period, but there is no noticing so nobody is aware. A 10-day appeal period may remain or ten day appeal period could commence with Planning Commission • Second hand store definition: the classification is primarily as a book store so classified as general commercial, secondhand stores will need a little more review. (Mr. Strong suggested - one alternative is to extend the sentence to say secondhand stores do not include establishments that primarily sell used jewelry, old coins, stamps, musical instruments, entertainment media, and collectibles which are considered general retail). Ms. McClish then stated that this is a draft document; further refinements can be made after further public hearing. Commissioner Guthrie opened the Public Hearing. Frank Freitas, 1604 La Vanitas, San Luis Obispo: • Attachment 2: Request for 122, 124, and 124'/z Allen Street to be included in VMU. Approx 14,000 square foot lot currently zoned Single Family should be Village Mixed-Use zoning. Neighboring lots to west are proposed VMU, so would fit in well. Nancy Underwood, 142 Short Street: • Concems of homeowners and residents within the area and adjacent areas should be addressed while rezoning is occurring. Hours of businesses may be disruptive. Need to limit hours. 8-5 p.m. does not impact neighbors because many are leaving village area when residents are coming home. j • Parking — we try not to park on street because like to see use of green space, but 1 proposed additional parking is dangerous (traffic as well). Need speed bumps. ' • Density is an issue as well, especially with zero setbacks. Ed Dorfman, 285 La Cresta, owner of property on Le Point: • VMU makes a lot of sense, likes the flexibility in density, but question about height. 35' and three stories would make more sense and provide for better land use. The Public Hearing was closed. � _ _ _ __ _ PLANNING COMMISSION II TUESDAY, JUNE 17, 2003 ' PAGE 6 Commissioner's Comments: • How should the building height be appropriately measured on a sloping site? Mr. Strong stated the Development Code defines building height and there are provisions for taking it from the natural grade within the center of the project; there can be interpretations if the lot is steeply sloping. • Do not want to go over 30' max, but agree with the three stories. • Are we creating a greater parking problem with three stories? • On commercial building an elevator cannot go into a 30' building without height exception. • 30' is restrictive for commercial buildings, so VCD should be bigger and VMU smaller, so more opportunity for commercial development. • Recommend use of same language from yard setbacks and/or where abuts residential district use a max building height of 30' or 2 stories • Development Density: Should not always round up, but use normal averaging. Mr. Strong stated the proposed density equivalent calculation gives the ability to create fraction or 1 unit density by varying the size of the unit. • Pg 266: Suggest eliminate "D", because there would be more chance of integrated mixed use than vertical mixed use ("D° might bring about less desirable projects. • Why eliminate "D" because it only makes a suggestion not a requirement? • "E": Require minor use permit "within x-many feet of occupied residential° is a better solution than having every business that will be open past 6 p.m. have to get a minor use permit. • If we have an in-lieu fee for parking then it should be representative of the cost of acquisition and construction. • A$4,500 fee is a lot for a small business. • There is already a parking space requirement of one per 300 square feet and proposing 70% and 60% reduction for parking may be workable if we have significant shared use, but in many instances we won't have usable shared use. • Maximum parking should be per 250 square feet to discourage uses that would need massive parking to succeed. • Being out of parking is a big deal, so in lieu fee is appropriate where a more intense use is proposed. Needs to be a reasonable amount to achieve parking spaces. How do we arrive at a dollar amount? Mr. Strong stated the Parking Committee and the City Council need to complete further study, but formula should not be in the Development Code, but should be a separate Council Resolution. • Disturbed by current parking requirements, °shall provide onsite parking". It will be disruptive to Village Core Downtown (VCD) if we provide for onsite parking in VCD. Instead we want ability to say we do not want you to provide onsite parking, but should require in lieu fee or shared offsite parking solution. Less concem is VMU for on-site lots, but still need off-site in-lieu altematives. • Lots at 122, 124, and 124 '/z Allen Street in VMU should be included. Ms. McClish explained the current zoning has a line through the middle of the lot, and previously it was viewed as a residential use and in previous residential land use designation. There is an ambiguity. • Commissioners Arnold, Fowler, Keen and Chair Guthrie were all in favor of including the Freitas lots as requested by the owners. PLANNING COMMISSION TUESDAY, JUNE 17, 2003 PAGE 7 Commissioner Brown made a motion, seconded by Commissioner Keen, recommending the Public Hearing be continued to the meeting of July 15"', 2003. The motion was unanimously approved on the following roll call vote: AYES: Commissioners Brown, Keen, Arnold, Fowler and Chair Guthrie NOES: None ABSENT: None AGRICULTURAL CONSERVATION STAFF PROJECT CASE NO. 03-004; APPLICANT— C�TY OF ARROYO GRANDE; LOCATION — CITY OF ARROYO GRANDE. Staff report p�epared and presented by Teresa McClish, Associate Planner, and Jim Bergman, Planning Mtem. ' �Is. McClish presented the report addressing policy altematives conce ' g the ca�t�tion of prime agricultural lands in Arroyo Grande. Chair Guthrie opened the hearing for public comment. Otis Page, 646 Grove Street: • Disagrees that there was not an in depth study with Ge al Plan Update. • Suggest another hearing to review study or have mor open work sessions • The farmers and landowners had not been surv ed and we are playing with the farmer's money. There should be an in-depth d' cussion with farmers. • Controversial history of Ag Study, suggest t t focus should be a lasting work, not temporary. If document has failures then ' will be tumed down by the City Council or the next City Council. In its current ate, the document will not stand the test of time • Personal issue: Accused of not be g a friend to agriculture, but it is not true. Wants to support the farmer in any w , and should also dignify and honor the farmer's property rights. • Conservation easements pri e not defined. • Better to say no conversi than to be hypocritical. Jeffrey Garcia, 2587 Villamo Court,American Farmland Trust, Camarillo: • Not a problem isolate to Arroyo Grande, but nation-wide. • Support staff work d the process of involving tfie public. • Clarify conservati easements; voluntary tool (1 option ) to give farmers relief from pressure of de lopment; offers liquid assets in lieu of development rights, retain property right . It works and is used nation-wide. Dixson Ranch has done it locally. Because of e flexibility (there are term easements), it can work anywhere. • Support p etuity and inclusion of agriculture in planning. • Applau esearch and creative techniques proposed by staff. • There re funds available with Coastal Conservancy for preservation. Connie Du bar, 507 Launa Lane: • W derful land in the City that can never go back once it is paved over. • nse of community, public health, and intangible benefits should be remembered. •,CA used to feed the world and that ability is rapidly being lost, even the ability to have locally grown crops. • Shoutd preserve our Ag-based way of life. ANNOTATED AGENDA ��F� PAGE 7 PLANNING COMMISSION JULY 15, 2003 II.F - CONTINUED ITEM — DEVELOPMENT CODE AMENDMENT CASE NO 02-006; APPLICANT — CITY OF ARROYO GRANDE — VILLAGE OF ARROYO GRANDE; Staff report prepared and presented by Teresa McClish, Associate Planner. Ms. McClish said this discussion is being continued from the Public Hearing of June 17 and changes have been incorporated into the document as recommended, additionally: • An open space requirement of 350 feet per residential unit pertaining to mixed-use projects has been inserted in Section 16.48 • Section 16.08 has now been included in Exhibit "B2". Ms. McClish answered the Commissioner's questions: � • Page 52, language from Section 16.08 has been moved to Title 2 of the Municipal Code for consistency. • Exhibit A, 2"d page, the map is incorrect and everything south of the Creek should be Village Mixed-Use. • Exhibit A clarification for Allen Street zoning: Only the bold outlined areas are being reclassified. One property (not showing up on map) on Station Way, south of Fire Station, should show as Village Mixed Use. • Page 266 numbering is wrong. • Page 264, discussion on development density rounding up — staff is proposing to revise the section on density calculation to be more consistent. Mr. Strong � suggested rounding to nearest '/. number in Multi-Family and Mixed-Use and include density equivalent. Commissioner Guthrie re building height: • Difficult to do 3 stories because no elevator, but height exception atlows 15' additional for certain features. At 45 feet can have tower and could get elevator in 3- story building. • Suggest have ultimate height in Village district. Commissioner Brown agreed. Commissioner Keen re building height: • If 43 feet allowed then applicant would come in with that height; it would be better to give exception if required where appropriate. Rob suggested staff could come back with different definition of building height and allowed exceptions. Mr. Strong suggested language for insertion under "Building Size Limits, Maximum Height °30' or three stories, whichever is less, may exceed no more than 10% of maximum height or 36' in Village Core Downtown and Village Mixed-Use). The Commission said this would be acceptable. � � Chair Guthrie opened the Public Hearing. Nancy Underwood, 142 Short Street- Handed the Commission a letter from residents in the proposed Village Mixed Use zone which addressed concerns re: i � • Concem that the wording for the hours of operation for commercial had been changed since the last meeting. • Commercial operating outside of the 8-6 p.m. hours - residents within 50 feet is not enough. Need to include residents within at least 300 feet. Other concerns: __ _ _ _ _ ; DR�4FT ANNOTATED AGENDA PAGE 8 PLANNING COMMISSION JULY 15, 2003 • Parking — City requires off-street parking for other Commercial and there are parking lots existing already, but there is no enforcement to park in lots. • Lighting — Page 266— lighting should be shielded —for existing residences also. • Traffic—speed exceeded on Nelson and Short—wants speed bumps. • Density — 15 units per acre in area — too many; the proposal for 125 Nelson Street project is too dense. Billy Swaggard 120 Nelson Street: • Parking — rarely ever dense parking on Nelson or Short Streets — only Farmers Market on Saturdays. • Lived in this area for over 50 years no problem with parking. • Don't need diagonal parking area next to Village green —dangerous to have parking there. • Hope no trees are removed —can't replace old trees. Chuck Fellows, 202 Canyon Way: i • Hope in future some provision if a business opens that they should create some parking. Chair Guthrie closed the Public Hearing. In reply to questions from Commissioners Mr. Strong said no additional trees were to be removed from Nelson Green; a bandstand will be created in the drip line of a Walnut tree, but the tree should not be affected; notification of a Minor Use Permit could be required for Commercial could be changed to 100 feet. Commissioner Arnold made a motion, seconded by Commissioner Fowler to recommend City Council approve Development Code Amendment 02-006, rezoning the Village Commercial District and.portions of the General Commercial and Office Professional District to Village Core DowntownNillage Mixed Use, Viilage Residential and Single Family Residential revising land use regulatfons in Title 16 to address requirements for Mixed-Use Districts and approval processes with the changes noted (including 100' radius for Mixed Use MUP with extended hours of non-residential � operation.) � The motion was approved on a 5/0 roll call vote. j i II.G - TENTATIVE TRACT MAP CASE NO. 03-003; APPLICANT — PHIL ZEIDMAN; I LOCATION — 125 NELSON STREET. Staff report prepared and presented by Ryan ; Foster, Assistant Planner. � The Planning Commission stated that this project had been moved to the meeting of August 19, 2003, as requested by staff. ; II.H - AMENDED CONDITIONAL USE PERMIT CASE NO. 03-005; APPLICANT — PHILLY'S RESTAURANT; LOCATION — 1250 EAST GRAND AVENUE. Staff report ;� prepared and presented by Ryan Foster, Assistant Planner. i Mr. Foster gave an update on the proposal for a restaurant at the former La Tapatia Market. i Unresolved issues from the prior Conditional Use Permit include and these have been included in the conditions of approval and the applicant has 60 days to correct the issues, with the exception of the driveway (6 months for completion). The change to a restaurant would not necessitate a traffic study. -- ' _- - _ 1 ATTACHMENT 2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT 02- 006; REZONING THE VILLAGE COMMERCIAL DISTRICT AND PORTIONS OF THE GENERAL COMMERCIAL AND OFFICE PROFESSIONAL DISTRICT TO VILLAGE CORE DOWNTOWN, VILLAGE MIXED USE, VILLAGE RESIDENTIAL AND SINGLE FAMILY RESIDENTIAL; REVISING LAND USE REGULATIONS IN TITLE 16 TO ADDRESS REQUIREMENTS FOR MIXED USE ' DISTRICTS AND APPROVAL PROCESSES. WHEREAS, the City Council adopted the City of Arroyo Grande Development Code and revised zoning map, which became effective June 13, 1991, and indicated that modifications to the Development Code may occur to refine the document; and WHEREAS, the City Council of Arroyo Grande adopted the updated General Plan on which became effective on O��tober 9, 2001 and requires a comprehensive review and necessary revisions to the Development Code and zoning map for consistency in accordance with Government Code Section 65860; and WHEREAS, The City has a responsibility to assure adherence to the General Plan in meeting the needs and desires of the residents and the community; and � � WHEREAS, the Planning Commission has held public hearings on August 20, 2002, February 4, 2003, February 18, 2003, and April 1, 2003 to consider certain ; amendments to the Development Code concerning the Village Core land use designation for the purposes of General Plan consistency and implementation of its goals and policies; and WHEREAS, the Planning Commission of the City of Arroyo Grande has considered Development Code Amendment 02-006 at a duly noticed public hearing on June 17, 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 Planning Commission has determined that the following Development ': Code Amendment findings can be made in an affirmative manner: ' A. The proposed change in zone and revisions to Title 16 will satisfy Objective LU6 of the Land Use Element of the General Plan, which states "The historic village core (VC) area shall be sustained, enhanced and expanded as the symbolic, functional and unique business center of the City, with diverse mixed uses emphasizing pedestrian-oriented activities and providing for the needs of residents and tourists", and is therefore desirable to implement the provisions of RESOLUTION NO. PAGE the general plan. B. The proposed change in zone and revisions to Title 16 reflect that both the existing zones and proposed zones are predominantly commercial, contain historical residential use, and promote continued mixed use and will not adversely affect the public health, safety, and welfare or result in an illogical land use pattern. C. The proposed change of zones and revisions to Title 16 satisfy Section 16.36.010 of the Development Code, which states "It is the purpose of this chapter to provide regulations that implement those goals, objectives and policies, and that are aimed toward the provision of adequate and appropriate commercial areas within the city". D. The proposed change of zones and revisions to Title 16 are within the scope of the Program EIR prepared for the 2001 General Plan Update, and the potential environmental impacts of proposed amendment are less than insignificant. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends that the City Council approve Development Code Amendment 02-006 with the above findings and as set forth in Exhib�s "A" and "B", attached hereto and incorporated herein by this reference. On motion by Commissioner , seconded by Commissioner and by the following roll call vote, to wit: ' AYES: NOES: ABSENT: the foregoing Resolution was adopted this 15th day of July 2003. ' ATTEST: LYN REARDON-SMITH JIM GUTHRIE, CHAIR COMMISSION CLERK ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR • � . • . . , ;� !�� ' .'�p�,. 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ATTACHMENT 4 Planning Commiasion FROM:Residenta in proposed Vfllage Mixed-Use Zone Sub�ec� Re�oning of Village Commercial to Village Mixied-IIse Thir letter address some concerns we es residents have regerding Hours of Operatlon in the � proposal for rezoning our area to Village Mixed-IIse Zone, � �HOIIRS OF�.OPERA2lON(Dev.Cade:-16.A8.065.BE3) - I Since last Planning Commission ll�ieetiug(6/17/�03),the wording(thus the meenfng�in the � � � - proposed code has changed. This change will heve a negati�e impact on residents living vrithin propoged mixed-use zone. . � 6/171D3 Report p.266 stated; "A mixed-uae project propoein�a commercial component that will operate outside of houra of 8:00 am.-6:00 p.m.shsll REQiTII2E a Minor IIse Perniit to ensure that the comrrtercial use will not interefere with residential uses with�We projec�" � �Also,the Planning Commission discussed ttie need to include(add)other residents living in the area (xP�). _ 7/15/'03 Report p.267 Current report of proposed code now requires a Minor IIse Perniit to operate outaide of 8:OQ a.m. -6:00 p.m.hours Qj�jI,.Y,��vithin 50 PG of a residentlal unit. This is x xignificant chenge! Current proposed code no longer addresses the concerns nnd needs of residents living within multi-use wne. It negetes 8:QO a.m.-6:00 p.m.hours. �nd considering residents within 50 feet is not enough. The distance ecross the street ir greater th�uu 50 feeL Noise travels farther than 50 feet, TrstYYc and parking impacta on residents during evening hours (fetnily snd sleeping times)is greater than 50 feet. Operattng hours of 8;00 a.m.-b:00 p.m.need to be included in the code and concideration of �hours outside of that time needs tu include input of residents within at least 300 fee� These hours respect the needs and quality of life for residentx and maintain the residenti�l character of village, Thank you for your consideration in this matter, lYame Si ature Address /I�a.ncw CGndtrw o�� f � /S�2r.S/�S�-.� G'r�a�a G'�-��e, C`�- �s��I c�K.u�.erw nz�i ��4'�l �.�'�� I��fL S%�5�.� �r�o�a6'��,�d�,,��4 A„`--,.,�.�� -�5��y�r �- �a,�S.�Y�� >3� .5:�,.�� .�-�,��-�.,. �.� `'� .— r-�t Jw(L-�.�'7' �.-_�s',� �PM �' �1C�7� � lZ.i S. �S�n 51 . /F. �, s r aver, �; � �.,� ��( � � � �, � r�-� � . v►�SU.. 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I� � .� �. � �,. .,:. ` �,'�, , . �.,.�'"'�'�"`` . - � � �;✓. � �� r� � , � � �� „ .,> �` .iv., , :,� � . � \ ' `' ♦� �� Nt�l�ll� .� . �� r� �� . . ��.�.;,. . � � I ♦�� ...x:. � I `i � - - 1 ��►��,� , I I � �r r �� t:w i� 1I �1 �� - � ,� �� ♦ 1 .�� • +'� �i�� ♦ '''� ��^,� �� I ' -<<�.. � _i� �_ � ♦ �., ♦ �� ♦ ! �� , .�'' 1� �� ' Ej, •►�., . - _ . �::,. ��;. �� . � � � � �� - � . � � � __ � �� , �� . � � `� � � ��„ � � � � � - ` ' '� - . 1��r �� ♦ ,r � � �� •� -� � ., , . . �o � � � � �� 1`� � � � � � � � .��i�.� .O' � � �� •� .�� •�� -- �� . _' �� ._�. . . . ^¢ � � t- ' � : . � J _. r � _ �, � � , � � � ;_ � '� 4 ' 4,. � � � ��"''� �,, .c. a . . � , , � . . . :�^ `9- �;id: . . , �. � � ' � �. ' , � � .- `i �.. ° . i � -� . _.�°�_ � ti ' � �,�� -,�." o , , . � ,. f' _'� _• � F �'`, '� . `�� .�� '��,. �_ � . � .Y / . .. V -Pf ♦ ` �,! ' 1 '�06 ' '9�' r , ,�� « , . . ��'� . `qi� . - . F � P t - �^ ,� �a�•. . � � . �.,�; . . �� r, - �" � , .: �., ' � , . � .� :; � * . ,. _ , �E , ,, _- . , :��F �.• � ��, - � , , � � , � ,�` `� `� � � ., ,,.. ` ,/ �1.� p:. " � • ' ♦ � . -. ` `:� e Y Y " . . ;� ' 'y,^. - �,� . .� S ��"1 , .� � ��q _ . . , �� x3�' �_;� . . , �' � � , �q �: n � �� " ,„L, .,�_ � ` ,� 1 11 ili • 11 11 11 - - �. � �� 4 � � l � � 1 I � � � ��.�. o� PRROroc � � INCORPORATE Z � V T �t JUIY /0. loti * c.v��FOR�'`P MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: CONSIDERATION OF CONSULTANT ULTANTS AND APPLICANT AMENDMENT NO. 2 WITH RINCON CONS AGREEMENT AMENDMENT NO. 2 FOR VESTING TENTATIVE TRACT MAP 01-001/PLANNED UNIT DEVELOPMENT 01-001 (TRACT 1998) — CASTLEROCK DEVELOPMENT DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council approve:. 1) Consultant Services Agreement Amendment No. 2, modiiying the scope of work and budget for the VTTM/PUD SEIR; and 2) approve , Applicant Agreement Amendment No. 2, modifying the scope of work and budget for the VTTM/PUD SEIR. FUNDING: The City's rules and procedures for the implementation of CEQA provide that the costs associated with the preparation, printing and distribution of EIRs far private projects shall be bome by the applicant. In addition to the contract cost, the applicant is required to pay an administrative fee of 15% of the total EIR cost to compensate for City staff time spent in EIR completion. DISCUSSION: On March 26, 2002, the City Council approved contracts with the applicant and EIR consultant for preparation of a Subsequent Environmental Impact Report (SEIR) for the VT'TM/PUD 01-001 project. Contract Amendment No. 1 was approved by the City Council on November 12, 2002. On May 13, 2003, the City Council deferred certfication of the Final Subsequent Environmental Impact Report (FSEIR)to allow time for the consultant to analyze a Pismo clarkia avoidance alternative plan submitted by the applicant and further study impacts to biological resources. The consultant has submitted a letter outlining the revised scope of work and budget needed to complete the additional analyses. The cost of the contract amendment would total $49,256.80 (including the 15% administrative fee). The applicant has been advised of the proposed amendment and has agreed to the revised scope of work and budget. S:�COMMUNITY DEIIELOPNENTIPR�JECTS�ITM\V7TM 01-001 (T1998)�SEIRWmended FSE�t post cc051303�cc rpt amend_2.doc CITY COUNCIL VTTM/PUD 01-001 SEIR CONTRACT AMENDMENT NO. 2 AUGUST 12, 2003 PAGE 2 ALTERNATIVES: I The following altematives are provided for Council's consideration: - Approve staff s recommendation; - Modify the scope of work and request consultant and applicant response to schedule and budget before approving revised amendments; - Provide direction to staff. Attachments: 1. Applicant Rgreement Amendment No. 2 signed by the applicant 2. Consultant Agreement Amendment No. 2 S:\COMMUNITY DEVELOPMENT�PROJECTS\TTM\VTTM 01-001 (T19981\SEIRWmended FSEIR post cc051303\cc_rpt_amend_2.doc CONSULTANT SERVICES AGREEMENT � AMENDMENT NO. 2 � The Consultant Services Ag�eement by and between the CITY OF ; ARROYO GRANDE and RINCON CONSULTANTS, dated March 25, 2002, is � hereby amended this 12t'' day of August, 2003, to include the scope of ' work, timeline, and cost of the contract amendment as outlined in CONSULTANT' s letter, dated July 21, 2003 attached hereto as Exhibit � F "A". All other terms and conditions set forth in said Consultant Agreement � shall remain unchanged. � � 6 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this amendment the day and year first above written. RINCON CONSULTANTS By: CITY OF ARROYO GRANDE By: } . Rincon C� EXHIBIT A � 1530 Mo ,. San Luis 805547 0900 � � FAX 547 0901 " , info�IDrincooconsultants.com i ' www. rinconconsultants.com i . � • } • � �� i July 21,2003 � Rob Strong ' . Community Development Director -•, Ciry of Arroyo Grande P.O.Bos 550 Arroyo Grande,Ca�t"�'ornia 93421 Subject: Revised Scope to Address City Council Requests Regardiag the Vesting ' Tentative Tract Map O1-001 Final SEIR `� �� Dear Rob: This lettcr conveys our understanding of the City Council's May 13 request to provide additioaal environmental review services for the VT11v101-001 project. This would be called the Amtndmtnt to ' the FinalSubtequent EIR. We are also includiag a cost estimate to provide_these services• �`Vich your concurrence,we will augment.o�r exiseing contract to address these scope aad cost changes. . � Baekground. On May 13,2003,the Cicy Council considered certification of the Fin�l Subscquent EIR for the VTTM O1-001 projec� The City Council voted to defer certification of the Final EIR pending completion of addidonal technical analysis rclated to biological resources,as well as analysis of a new project alternative proposed bq the project applicant. The followiag section conveys our proposed scope of work to address the Citp Council's request. Revised Scope of Work. Riacon proposes the following scope of work to eomplete the Amendment to the FinalSubttguent EIR,which addresses the City Council's May 13 requ�sr Task A. Pismo Clarlda Avoidance Altemative. Rincon will analyze a new project alternative submitted by the applicant The analysis will be largely qualitative in nature,but at a slighdy greater level of detail than the other alternatives esamined in the Final SEIR. The level of detail �vill be suEficient to compare its relative environmental superiority to the proposed project and the other previously exartiined alternatives. It will also include original fieldwork,primarily involving biological and geotechnical issues,to addsess project-spedfic aspects of this altecnative suEficient to allow decisionmaL-ers to consider this alternative for potential approval. It is estimated that two graphic�-ill be provided,one illustrating the proposed layout of this alternative,and the second showing biological resources on the site wich respect to proposed derelopment. The detail of the analysis,includ.ing the graphics,will be a funccion of the level of detail of the materials submitted by the applicant. This section will be prepued in accordance�vith the requicements of the CEQA Guideliner, Section 1512G.6 and recent court decisions. The purpose of this secdoa will be to promote informed decision-making and to eraluate a reasonable range of p=oject alternativcs. . . City of Arroyo Grande � Tenfative Tract Map Oi-001 Subsequent EIR . . .Page2 The analpsis will focus on key issues,including biological resources,gcotechnical stability aad ' � land use. Specifically,the analysis will address the relative change in impact from the proposed ', project to key resources,including Pismo clarkia,wedands,riparian areas,and oak trees. The � analysis will include fiddwork to confirm previous findings,and to update these findings where appropriate. � For the geotechnical analpsis,we received bids from thcee firms:Eazth Systems Paci6c, � � GeoSoludons and Fugro Wese. For your consideration,we have attached the proposed scope of each firm to this proposal. �'Ve�have provided sepazate cost estimates to reAect the proposed work.scope of each firm. � Task B. Clz�rification of Biological Resources Analysis. This section of the repozt would answer these qucstions in an eapanded memorandum format,with technical supporting aaalysis. The followiag illustrates the Ciry Council's requests and Rincon's proposed scope to address these requests. . ��'j �. Examine the pmpored bufferr fmm riparian arrar in gnater detail,t�blaining tht nlative�ectivenert � of pmrriding a 25 foot verrru SO foot.rttback fmm siparian araar. To mbat exttnt it tbs effectivtn�rr of a.rmaller tttback a function of tht�ectivenefr oja Homa Ow�rer't Arrociation at an snfomma�rt tool� �ro�sed Scove to Address CoAc�rn. Rincon would conduct research regacding the effecdveness of setbacks to reduce potential impacts to a less than sigaiHcant . level under CEQA. Also refer to Item#7. � 2. F•.xplarn the cumnt rrre and potential tffact on migratory�vildlift corridorr thmugh the p�vvjtct rite, evaluating ihe�ectivenus of�m�ored mitigation meaturer for reducing impactr to genera!onrita in�act.r to biologica!r�ro�rrcer. Pro�osed Sco�e to tlddress Concern. Rincon would identify the e.�cisting wildlife corridors through the project site,and discuss the nature of proposed mitigation measures to address impacts to wildlife along these corridors. The discussion will discuss the width of the corridor,and the nature of wildlife using the corridor. 3. Clarify the Drafi'SEI R's ditcusrion on u�ater quality impactr to Meadaw C�rek and dou�nttr�am locationr,including Pitmo I�rke. �ro�osed Scope to Address Conc�rn. Rincon would revisit the discussion of water quality issues discussed in the Draft EIR,and evaluate the effecdveaess of the proposed mitigation measures intended to address potential impacts. 4. Clarify the tffectivenetr of SEIR mitigation mtararer that incluela�mviriont to be im�lemt�rttd"if . fearibk." . Pro�osed Scoge to Address Concern. Rincon will identify DraEt SEIR mitigation measures that include dauses noting provisions that would b�implemented"if feasible." The analpsis would then clarify what is meant by"if feasible",and note when such accions aze required,and whether by not implementing such provisions, the impacts�vould remain potentially significant. City of Arroyo G�ande � Tentative Tract Map Ol-00f Subsequent EIR �. Page 3 . S, Examine!he effect.r ojannual rainfall variations on ths biologica!ruouner an the titt. S�tcifrcally, • tvould rainfal!change.r affect the exttnt of u��tlaadr and Pirmo elarkia on tbe rite,and how doer thu affect thr SEIR analyrir and rugguted mitigation mecuurrt? �r000sed Sco�e to Address Goncern. Rincon would identify typical rainfall " variations within the region,and discuss conceptually how these variatioas can � aEfect the population of Pismo Clarkia on the site,and the extent of wedands. The discussion would be qualitative,and focus on the question of whether variations in rainfall,along with fihe timing of field work,could lead to significandy diffuent conclusions regarding impacts to these identified=esources. . 6. Diresrr�''tbe relationrhip bttw�en vegetation maaagtmtnt forftrrprrvention on the site and ths ntulting �ect on biologica!retourr�.r. � � . • Pr�go ed �� to Address Concern. R.incoa will qualitatively discuss ftce � management needs and strategies on the site,and discuss whether they are ' '� consistent with proposcd mitigatioa m�asures with zespect to biological resources, 1 specifically involving vegetation management strategies and setbacks. identify tppical rainfall vaziatioas within the regioa,aad diseuss coaceptually how these - . variations can affect the population of Pismo Clarkia on the site,and the extent of wedands. The discussion would be qualitative,and focus on the question of _ whether variations in rainfall,along w-ith the timing of field work,could lead to significantly different condusions regarding impacts to these identified resources. 7. Dircutr the effictivenert of Home Ou�nerr'Afrociationr(HOA'r)to�sovide lvng-term monitoring of mitigation mearurer related to biologica!rerourcef '�, � �000sed Scope to Address Concern. The analpsis will describe examples of where � Home Owners t'�ssociadons have been used to implement mitigatioa measures for biological resources,and evaluate the effectiveness of these eEforts. , � 8. Pkar�providr additional elarification on the�ectiveners oJertablithing Pumo clarkia by rrrrierving � . vario;�r expert opinions ngardiag tbir utue. � �� 5��r� A�dress Concern. Rincon will conduct reseuch into other eEforts to establish Pismo clazkia seeds in micigation areas,and�valuate the effectiveness of these eEforts. This will be based on existing literature and etpert � opinions regardiag this issue: Task C. Publish Draft Amendment to Final SEIR. t'�fter receiving City comments regarding the tldminis[rative DraEt Amendmcnt to tht Final SEIR,and meeting with City Staff to review the comments,Rincon�vill produce a document containuig the public Draft EIR. Upon recei�ing clearance from the Ciry,Rincon�vill pririt and deliver 45 copies of the Draft EIR to the City. This printing effort will not include documents that have already been pre�iousty published and distributed as pazt of earlier phases of tltis project. The Ciry�vill be respoasible • for all nocicing and distribution oE th�document to the State Clearinghouse,public agendes and the public. . " � � . � City of Arroyo Grande � Tenfative Tract Map 01-001 Subsequsnt E1R . .. Page 4 Task D. Responses to Public Comments. Rincon staff,in conjunction with City staff, • • � would respond to zespond to public and agenry review comments on the Am�ndment to the Final ' EIR,in a manner consistent with the approach used for the Daft SEIR��`Ve will deliver two (2) copies of an Administrative document for iatunal review. Task E: Publication of the Fiaal EIR. Rincon viill deliver copies of the Final Amendment to ' the SEIR,including one(1)reproducible mastu,and one digital file of the SEIR in its entirety. We would also delivu 30 eopies of the FinalAmandment to tbe FinalSEIR documenG This printing effort will not includc documents that have already been previouslq published and • distributed as part of earlier phases of this projecG Task F. IV�etings. Rincon wovld attend 2 staff-related meetings and 2 public hearings associated with this planning effort Cost and Schedule. Three separate cost estimates ue provided to reflect the three sepuate bids we '�j�� received regarding geotechnical services. The differences in the thcee bids are shown below. Table 1. Comparison of Geotechnical Bids • • Firm Cost Schedule of Compledon , Earth S tems Padfic S22,600 4 weeks from site bein deued for access GeoSoludons � $12 500 S weeks'from autho=ization Fu ro�/est 517,200 6-8 weeks from com letion of fuldwork � As shown in the attached spreadsheets,the proposed scope of work would range from�42,832 to 5�4,447. Depending on the geotechnical firm selected,this would increase the eontract amount from�111,858 to as much as�1G6,30�. �`Ve would complete the Administrativ�Draft document within 40 working days follo�ving authorizadon to proceed,or 10 worl�ing days aEter receipt of the geotechnical study,whichever is greater. ��le w�uld publish the Draft document within 10 working days after receiving all city comments on the Adminis[cative Draft document. The Administrative Final document would be delivered within 1D working days.following receipt of all public comments on the Draft document. �/e would publish the Final document within 10 working days aftez receiving all city comments on the Administrative Final document. We antidpate only one round of revisions to respond to ciry comments on administrative draft documents. Further revisions would require additional budget and time. �'Ve appreciate your selection of Rincon Consultants for the Tentadve Tract Map Ol-OUl EIR,aad welcome the opporcunity to work with you and the Arroyo Grande communitp. Sincerely, �� RINCON CONSULTANTS,INC. Stephen Svete,AICP John RicL-enbach,AICP President Project Manager � Attarbmrrrtr. TaGkr 2A-ZC,Cor1 Erlima�er,proporaG jrom EartbS�rlemr,GeoSolxtioni artd Fagro Wirt � � m _-- -.�. N f+ � City of Arroyv Grande W Tenfative Tract Map 01-001 � Amendment to Final Subsequent EIR � Tabie 28. Cost Estimafe �th GeoSolutions, 7-21-03 Rincon Consultants m � Tasks Cost Labor Principal Sr.Assoc. Anafyst GraphiCs Clerical p HOUfs S115/hour ;95/hour S751F►our 355/hour S35/hour m A. Pismo Clarkia Avoidance Altemative $9,820 124 12 30 60 16 6 � A-9. GeoSolutions-Geotechnical $12,500 B. Cla�cation of Biologica!Analysis $5,660 68 4 24 36 4 0 C. Publish Draft Amendmenf to FSEIR $1,605 23 1 4 12 6 : � � D. Response fo Public Comments $3,930 46 2 20 24 . E. Publish FinaJ Amendment fo FSEIR 31,190 18 4 8 6 F. Meelings $2,720 32 16 16 � � Pro ect Mana ement/Coordination $1,600 16 4 12 0 . Subtotai Labor. $39,025 327 23 110 156 20 18 � Additlonai Costs ' ~ z � 0 z PriMing: Admin Draft (2 copies(d3$20%opy) $40 N _ . - . �- Draft(45 copies�$201COpY) $900 . _ . . _ o Admin Fnal(2 copies��20%opy) �40 " Final(30 copies�$20%py) $700 General�Administrative $2,127 Subtotal Additionai Costs: $3,807 � TOTAL I.ABOR PLUS ADDITIONAL COSTS s42,832. � D � m 0 � � C��5olutions� ��c. 220 High Street,San Luis Obispo,CA 93401 , (805)543-8539,543-2171 fax � • infoC�GeoSolutions.net ,� � July 18,2003 Project: SL03567-1 Rincon Consultants, Inc. . Attn:Mr.John Rickenbach 1530 Monterey Street, Suite D. San Luis Obispo,California 93401 - . • - Subject: Proposat for Geotechnical Services Lots 16 through 36,Tract 1998 Arroyo Grande,California Dear Mr. Rickenbacli: �j�! 1.0 INTRODUCT[OY (n accordance with your request, GeoSolutions, Inc. is pleased to,submit this proposal for geotechnical services for a proposed 36 lot single-family residential subdivision, to be located at Tract 1998, in the City of Arroyo Grande, California. The proposed Tract is located northeasCerly of James Way and southeasterly of La Canada. lt should be noted this proposal oniy addresses Lots 16 through 36 of the proposed Tract 1998. T'he site is currently undeveloped. The geotechnical services described in tliis proposal include evaluation of the liquefaction potential and � appropriate mitigation measures for the area to be developed, a complete numericat stope stabiliry analysis for the proPosed grading plan including conceptual recommendations for slope stabilization as necessary,a discussion of increased erosion potential for the Tract and addressing the speciat concerns of the presence of an e�isting pond that lies in the vicinity of Lots 19 and 20 with regard to the impact that the pond and sub-surface water could have on the lots. This phase of the work involves conducting a field investigation, laboratory testing, engineering analysis and report preparation. This proposal presents the estimated costs associated with preparing an evaluation of liquefaction, slope stabiliry and erosion potential in accordance with the City of Arroyo Grande, the Uniform Building Code and/or the current industry standard practices. - 2.0 THE GEOTECHNICAL SERVICES The purpose and scope of our investigation will be to evaluate the liquefaction potential of the Site and provide mitigation measures, devetop a slope stabiliry analysis for the proposed slopes, a discussion of erosion potential of tlie Tract and address the impact of an esisting pond on thc revised lot layout. The � . evaluation and design will be completed in accordance with the City of Arcoyo Grande, the Uniform Building Code and/or the current industry standard practices. The study will include the following: a. Review of pertinent published and.unpublished geotechnical studies and literature for the subject project area. � b. Field exploration will consist of drilling at least nine borings to a maximum depth of 50 feet � below ground surface (bgs) in locations that are accessible with our mobile drill rig. These . � . July 18,2003 Project:SL03567-1 borings will be used to determine liquefaction potential and provide data for numerical slope stabilities and erosion potentiaL � � c. Logging of soils under the direction of the Project Engineer, and obtaining bulk and relatively � � undisturbed soiUbedrock samples for classification and laboratory testing. d. Laboratory testing of selected soil samples considered representative of site conditions, in order to ascertain or derive relevant enginecring propertics including: n i. In-situ moisture content and density ii. Soil classification . iii. Shear strength �... iv. Maximum density-optimum moisture curve e. Geotechnical �gineering analysis of fie�d and laboratory data. f. The preparation of a report(3 copies)presenting our findings,conclusions and recommendations. �i� �'i 3.0 .FEE ESTIlI�IATE Our services for the Geotechnical Evaluation, including Liquefaction, Slope Stability and Evaluation, Erosion Potential and the Pond Impact. This phase of the work involves, include Field Investigation, Laboratory Testing, and Report Preparation. Our fees are based on a hourly rate and would be: FieldInvestig�tion.........................................................................................................................54,500.00 I ..................................:...................52,000.00 Laboratory Testine................................................................. $4,Q00.00 '� ComputerAZodeling(Analysis)...........................................................................00e.o<.voo..e..........� ..............................e.................... .$2,000.00 ReportPreparation.................................................................. � � TOTAL....................................o<.....................$12,500.00 � We will not incur expenditures above $12,500.00 without your authorization. GeoSolutions, Inc. �is covered by the following insurance: Workers' Compensation, Commercial Liability, Commercial Automobile Liability,and Professional Liability(errors and omissions). GeoSolutions, Inc. maintains the following insurance: Workers' Compensation; Commercial Liability; Commercial Automobile Liability; and Professional Liability (errors and omissions). Project requirements for additional insured certificates can be provided at an additional cost of $125.00 per certificate. 4.0 SCHEDULE a. Fieldwork may be scheduled immediately upon receiving your signed authorization to proceed, weather permitting. i. Commencement of field exploration can occur within ten weekdays of receipt of the signed agreement,weather permitting. � � ii. Prcliminary information within scvcn weekdays of field exploration. $ iii. Complete final report in ten additional weekdays. � f ,, • ,�',:"`'�� ' � ' � . . �� _ ��.��+�� .; __ � . , July 18.2UO3 . Project:SL03567-1 b. The geotechnical investigation report will be submitted approximatety five weeks of receiving your written audlorization to proceed. � 5.0� CLOSURE • The locations of any underground utility lines should be indicated to us on the site prior to starting our field investigation. Topographic maps, preliminary layout, site grading and foundation ptans, and tentative foundation loads should be provided to us. Site access should be made available. Any change in , the layout could necessitate additional work. Review of subsequent plan changes and/or other project requirements would be charged as additional cost in accordance with our fee schedule. We look fonvard to providing professibnal soils engineering services for your project. If you have any questions, please contact us to set up an appointment at your earlicst convenience at(805)543-8539. - �.. Sincerely, GeoSolutions, Inc. '�t onna Louise Otto, P.E. '� enior Civil Engineer CE 22056 . � ' S:lGeotzchnical�SL03567-I Tract 1998,SLO\SL033b7-1 Tract 1998 Propusal..doc - � ,-• • i _� �. �� -� . . � w -__ __ � � APPLICANT AGREEMENT AMENDMENT NO. 2 The Applicant Agreement by and between the CITY OF ARROYO GRANDE and CASTLEROCK DEVELOPMENT, dated March 20, 2002, is hereby amended this 12th day of August, 2003, to include the scope of � work, timeline, and cost of the contract amendment as outlined in ', CONSULTANT' s letter, dated July 21, 2003 attached hereto as Exhibit �I "A". All other terms and conditions set forth in said Applicant Agreement shall remain unchanged. � � i IN WITNESS �WHEREOF, CITY and APPLICANT have executed this amendment the day and year first above written. CASTLEROCK DEVELOPMENT� `'. ia CaG�►r'�►o�. �Gar-parc.ina� Bv. ,�._.�'`�l �[,�t,rfP�n �he.�rle('j�}'��n'� #� CITY OF ARROYO GRANDE By: � � � � - � _ � E Rincon C� EXHIBIT A ( 1530 Mo ,. San Luis sos547 0900 FAX 547 0901 infa�rinconconsultants.com • www. rinconconsultants.com . .. I July 21,2003 j Rob Strong � � Community Development Director --, City of Arroyo Grande P.O.Box 550 � Arroyo Grande,�a��ornia 93421 Subject: Revised Scope to Address City Council Requests Regarding the Vesting ' Tentative Tract Map O1-001 Final SEIR • �� Dear Rob: This letter conveys our understanding of the City Council's May 13 request to provide addiuonal environmental review services for the V'ITM O1-001 project. This would be ealled the Amendment to ' the FinalSubrequcnt EIR. �`t/e aze also including a cost esdmate to provide these services. ��ith your concurrence,we will augment our exiscing contract to address these scope and cost changes. . Baekground. On May 13,2003,the City Council considered certif�cadon of the Final Subsequent EIR for the VTtZvf O1-001 projecG The City Council voted to defu certification of the Final EIR pending completion of additional techaical analysis related to biological resources,as well as analysis � of a new pLOject alternative proposed bq the project applicanG The following section conveys our proposed scope of work to address the City Council's request. Revised Scope of Work. Rincon proposes the following scope of work to complete the Am�ndment to the Final Subtegutnt EIR,which addresses the City Council's May 13 requesG Task A. Pismo Clarkia Avoidanee Altemative. Rincon will analyze a new project alternative � submitted by the applicant The analpsis will be lazgely qualitative in nature,but at a slighdy � greater level of detail than the otha altcrnatives esamined in the Final SEIR The level of detail p will be sufficient to compaze its relative environmental superioriry to the proposed project and � the other previously exarciined alternatives. It will also include original fieldwork,primarilp r involving biological anci geotechnical issues,to address project-specific aspects of this alternative sufficient to allow decisionmabers to consider this alternative for potential approval. It is estimated that two graphic w-ill be provided,one illustrating the proposed layout of this alternadve,and the second showing biological resources on the site with respect to proposed .. de�elopment. The detail of the analysis,including the graphics,will be a function of the level of detail of the materials submitted by the applicant. This section will be prepazed in accordance�vith the requitements of the CEQA Guideliner, ; Section 15126.6 and recent court dedsions. The purpose of this secdoa will be to promote j informed decision-making and to evaluate a reasonable range of project alternatives. � i - - — . _ v � a n n t �__.f_-_-______ E n j i n t ! t S ; City of Arroyo Grande Tentafive Tract Map 01-001 Subsequenf EIR . . Page 2 The analysis will focus on key issues,including biological resources,geotechrucal stability and � � land use. SpeciHcally,the analysis will address the rdative change in impact fiom the proposed project to kep resources,including Pismo clarkia,wedands,riparian azeas,and oak trees. The analysis will include fieldwork to confirm previous findings,and to update these findings where � appropriate. � For the geotechnical analysis,we received bids from three firms:Earth Systems Pacific, � GeoSolutions and Fugro WesG For your consideration,we have attached the proposed scope of each firm to this proposal. ��/chave provided separate cost estimates to reflect the propos�d work.scope of each firm. � Task B. Clarification of Biological Resources Analysis. This section of the report would � answer these questions in an expaaded memorandum format,with technical supporting aaalysis. The following illustrates the City Council's requests and Riacon's proposed scope to address these requests. . 1��1� . 1. Examine tht pmpoted buffist fmm ri�arian areac ingnater detail,�laining the relativt.tffectivenut of pmviding a 25 foot v�rrru SO foot tttbac,�from ripariaa arrar. To wbat txknt u the tffativsnus of a.rma!ler,tatback a frrnction of tht effectiyeneu of a Home Ou�ner'rArrociation ar an enfommtnt tool) Pro�osed Sco�e to Address Concern. Rincon would conduct research regarding • the effecdveness of setbacks to reduce potential impacts to a less than significant . level under CEQA. tllso refer to Item#7. � 2. Ex�ilain tht curnnt ure and potentia!tffect on migratory wildlife corridorr through th�pn,j�ct rite, evaluating 1he effictivenert of pmpoted mitigation m�ara�rf for ndueing impactr to genera!ontita impactr to biologica!�r,rourrer. Pro�osed Sco�e to Address Concern. Rincon would identify the e:�isting wildlife � corridors through the project site,aad discuss the nature oEproposed midgation � measures to address impacts to wildlife along these corridors. The discussion will k discuss the width of the corridor,and the nature of wildlife using the corridor. 3. Clarify the Draft SEIR'J direr�rtion on water quality impactr to Meadow Cnek and downrtrram locationr,including Pumo Lake. Pro�osed Scooe to Address Concern. Rincon would revisit the discussion of water quality issues discussed in the Draft EIR,and evaluate the effectiveness of the proposed mitigation measures intended to address potential impacts. ' 4. Clari,(y the effectivenerr of SEIR mitigation mearwnt that include fimvirionr to be implemented"if ' _ fearible." , �ro�osed Sc�ne to Address Concern. Rincon will identify DraEt SEIR mitigation measures that include dauses noting provisions that would be implemented"if feasible." The analysis�vould then clarify what is meant by"if feasible",and.note when such actions ue required,and whether by not implementing such provisions, _. the impacts would remain potendally significant. , .._-- e . .. _i_r._� 5 e i e_.n_ ! i_.s f • .e m • a._.l i_._L_. e O 1 a_a_a. � • _f __._.. .E_�_l._.1__a.t_.� ! S City of Arroyo Grande � Tentative Tracf Map 01-OOi Subsequent EIR . , Page 3 . . 5. Examine!he effectr oJannua!rainfall variation.r on th�biological retourcu an tht tite Specifica!!y, ' would rainfa!!thange.r affect the�xtsnt of u�etlandr and Pumo elarkia on tbe tite,and how doer this a,j�ect the SEIR analyti.r and tuggerkd mitigation meaurrrtl ��,go��1 Scc�e to Address Concern. Rincon would identify typical rainfall , variations within the region,and discuss conceptuallp how these variations can � �� j affect the population of Pismo Clarkia oa the site,aad the�exteat of wedands. The j discussion would be qualitative,and focus on the question of whether variations in rainfall,along with the timing of field work,could lead to sigaiflcandy.differeat conclusioas regarding impacts to these identified resources. 6. Di.rc�rrt'th�relationship bttrveen vegetation managtment forfin prevention on tbe tite and the n.rulting �ect on biological rtrousces. . • �Qgosed Sc�e to Address Concern. Rincon will qualitatively discuss fire � , '•� management needs and strat�gies on the site,and d.iscuss whether they are � consistent with proposed mitigation measures with:espect to biological.resources, � specifically involving vegetauon management strategies_and setbacks. idenrify typical rainfall variations within the region,and discuss conceptuallp how these • variauons can affect the populadon of Pismo Clarkia oa the site,and the estent of wedands. The discussion would be qualitauve,and focus on the question of . whether variadons in raiafall,along w-ith the timing of field wozk,could lead to significandp different conclusions regarding impacts to these idenufie.d resources. 7. Ditcufr the�ictivenerr of Home Ownerr'Ar.rociationr(HOA'r)to prorride long-te�m monitoring of mitigation mearuru related to biologica!�rrourrer. Pro�osed Scooe to Address Concern. The analpsis will desuibe examples of where Home Owners Associations have been used to implement mitigauoa measures for � biological resources,and evaluate the efEecdveness of these eEforts. � 8. Pkate�rovrde additio»a1 clarification on the tffectiveners of�ttabluhing Pumo clarkia by revi�uring variout txpert opinionr�rgarding thit i.uue. Pro�osed Sco�e to Address Concern. Rincon will coaduct research into othu ' efforts to establish Pismo dukia seeds in mirigadon areas,and evaluate the effectiveness of these efforts. 'This�vill be based on existing literature and e�pert opinions regarding this issue: Task C. Publish Draft Amendment to Final SEIR. After receiving City comments regarding the Administrative Draft Amendment to the FinalSEIR,and meeting with City StaEf to review the comments,Rincon�vill produce a document containing the public D=aft EIR. Upon receiving clearance from the Ciry,Rincon�vill print and deliver 45 copies of the Draft EIR to the City. This printing effort will not include documents that have already been prec-iously published and distributed as put of earlier phases of this project. The Ciry�vill be respoasible � for all noticing and distribution of the document to the State Clearinghouse,public ageades and the public. . ; . _ • - - - - - - r . . � n r e r s : �, City of Arroyo Grande Tentative Tract Map 01-001 Subsequenf EIR , , Page 4 Task D. Responses to Public Comments. Rincon staff,in conjunction with City staff, ' ' would respond to respond to public and agenry review comments on the Amendment to the Fina1 EIR,in a manner consistent with the approach used for the Daft SEIR �Ue will deliver two(2) copies of an Administracive document for iatanal review. Task E: Publication of the Final EIR. Rincon will deliver copi�s of the Final Amendment to ' � the SEIR,including one(1)reproducible master,and one digital file of the SEIR in its entirety. �'Ue would also deliver 30 copies of the Final Amendmtnt to the FinalSEIR documen� This printing effort will not include documaits that have already been previuusly pubfished and • distributed as part of eazlier phases of this project. Task F. M,�etings. Rincon would attend 2 staff-related meetings and 2 public hearings associated with this planning efforc Cost and Schedule. Tl�uee separate cost estimates are provided to reflect the three separate bids we '�I� received regarding geotechnical services. The differences in the three bids are shown below. Table 1. Comparison of Geotechnical Bids � � Firm Cost Schedule of Completioa _ Euth S tems Padfic $22,600 4 weeks from site bein deared for access GeoSolutions $12,500 5 weeks'from authorizatioa • Fu ro C�/est 517?00 6-8 weeks from com ledon oE fieldwork As shotvn in the attached spreadsheets,the propased scope of work would range from$42,832 to $5�,447. Depending on the geotechnical£trm selected,this would inuease the contract amount � from$111,858 to as much as$166,30�. We would complete the Admirustrative Draft document � within 40 working days following authorization to proceed,or 10 working days after receipt of the geotechnical studp,whichever is greater. �`�e would publish the Draft document within 10 working days after receiving all city comments on the Administrative Draft document. The Administrative Final document would be delivered within 10 working days.following receipt of all public comments '; on the Draft document. �Je would publish the Final document within 10 working days after '; receiving all city comments on the Administrative Final document. We antidpate only one round of revisions to respond to citp comm�nts on administrative draft documents. Further revisions would : require addidonal budget and time. We appreciate your selection of Rincon Consultants for the Tentauve Tract Map O1-001 EIR,aad welcome the opportunity to work with you and the Arroyo Grande community. Sincerely, .. ' RINCON CONSULTANTS,INC. Stephen Svete,AICP John Ricbeabach,AICP President Project Manager Attc�bnrta[r.• TaGkr 2A-2C,Cort Estima�r,•propofalr jrom EaribS,rr�rmr,GroSolu�ions aKd FwBro IY/ut E n r i r o a m e n t a 1 S c i e n t i s t s P 1 � n n e r s E n j i n e e r s O '= _ i N , f-+ N City of Arroyo Grande m m . W Tentative T�ra�t Map O1-001 � � , Amendment to Final Subsequent EIR � A l0 Table 28. Cost Estimate �th GeoSolu�ions, 7-21-03 Rincon Consultants m � Tasks Cost Labor Principai Sr.Assoc. Anafyst GraphiCs Cierical � A iHourS $115/t�our y95/hour a75fiour S55/hour S35mour m , A. Pismo Clarkia Avoidance Altemafive $9,820 124 12 30 60 16 6 m A-9, GeoSolutiQns-Geotechnica! $12,500 I 8. Clarification of Biologica/Analysis $5,660 68 4 24 36 4 0 i C. Publish Draft Amendment to FSEIR $1,605 23 1 4 12 6 ; � � D. Response to Public Corrmments $3,930 46 2 20 24 . E. Publlsh Final Amendment b FSEIR 31,190 18 4 8 6 F. Meetings $2.720 32 96 16 � � Prn ect Mana ement/Coorr�inatron $1,600 16 4 12 0 . Subtotal Labor. $39,025 327 23 110 156 20 18 � Addittonai Costs ' � z � 0 z Printing: Admin Draft (2 copies�$20%opy) $40 �, - Draft(45 copies�$201COpY) $900 � . o Admin Final(2 cop'�es�$2D/coPY) a40 � � - � . Finai(30 copies�$201c:opy) $700 General 8�Administrathre g2,�27 Subtotal Additional Costs: $3,807 � � TOTAL LABOR PLUS ADDITIONAL CQSTS �42,832 � -o a � m m � � C�oSolutions, x�c. 220 High Street,San Luis Obispo,CA 93401 , (805)543-8539,543-2171 fax � • info@GeoSolutions.net a � J�ty i s,Zoo3 ; Project: SL03567-1 � Rincon Consultants, Inc. . ' � Attn:Mr.John Rickenbach � 1530 Monterey Street, Suite D San Luis Obispo,California 93401 � . • Subject: Proposal for Geotechnicai Services Lots 16 through 36,Tract 1998 Arroyo Grande,California ;'i� Dear Mr. Rickenbacli: � 1.0 INTRODUCT[OY In accordance with your request, GeoSolutions, Inc. is pleased to.submit this proposal for geotechnical services for a proposed 36 lot single-family residential subdivision, to be located at Tract 1998, in the City of Arroyo Grande, California. The proposed Tract is located northeasterly of James Way and southeasterly of La Canada. lt should be noted this proposal only addresses Lots 16 through 36 of the proposed Tract 1998. The site is current(y undeveloped. The geotechnical services described in this proposal include evaluation of the liquefaction potential and � appropriate mitigation measures for the area to be developed, a complete numerical slope stability analysis for tfie proposed grading plan inctuding conceptual recommendations for slope stabilization as necessary,a discussion of increased erosion potential for the Tract and addressing the special concerns of the presence of an e�isting pond that lies in the vicinity of Lots 19 and 20 with regard to the impact that the pond and sub-surface water could have on the lots. This phase of the work involves conducting a field , investigation, laboratory testing, engineering analysis and report preparation. 'This proposal presents the ' estimated costs associated with preparing an evaluation of liquefaction, stope stabiliry and erosion potential in accordance witl� the City of Arroyo Grande, the Uniform Building Code and/or the current ; industry standard practices. � 2.0 THE GEOTECHNICAL SERVICES The purpose and scope of our investigation will be to evaluate the liquefaction potential of the Site and provide mitigation measures, develop a slope stability analysis for the proposed slopes, a discussion of erosion potential of the Tract and address the impact of an esisting pond on the revised lot layout. The . evaluation and design will be completed in accordance with the City of Arroyo Grande, the Uniform Building Code and/or the current industry standard practices. The study will include the following: a. Review of pertinent published and-unpubtished geotechnica) studies and literature for the subject ; project area. b. Field exploration will consist of drilling at least nine borings to a maximum depth of 50 feet below g�ound surface (bgs) in locations that a�e accessible with our mobile dri(1 rig. These ' Project:SL03567-1 July 18,2003 borings will be used to determine liquefaction potential and provide data for numerical slope stabilities and erosion potential. � . � c. Logging of soils under the direction of the Project Engineer, and obtaining bulk and relatively � � undisturbed soiUbedrock samples for classification and laboratory testing. d. Laboratory testing of selected soil samples considered representative of site conditions, in order � to ascertain or derive relevant enginecring properties including: . -- i. In-situ moisture content and density ii. Soil classification . iii. Shear strength ;... iv. Maximum density-optimum moisture curve e. Geotechnical �gineering analysis of field and laboratory data. f. The preparation of a report(3 copies)presenting our findings,conclusions and recommendations. :i� `� 3.0 .FEE ESTIMATE � Our services for the Geotechnical Evaluation, including Liquefaction, Slope Stability and Evaluation, Erosion Potential and the Pond Impact. This phase of the work involves, include Field Investigation, Laboratory Testing, and Report Preparation. Our fees are based on a hourly rate and would be: Field Investig�tion................................. ........................................................................................54,500.00 Laboratory Testing. ......................................................:...................$2,000.00 � ............................................ Computer AZodelin Anal sis ...........................................................................$4,000.00 ; g� Y )......................... ; ReportPreparation.......................................................................................................................$2,000.00 ,,, i � TOTAL.......................... ...........$12,500.00 ! ...................... � � We will not incur expenditures above $12,500.00 �vithout your authorization. GeoSolutions, Inc. �is ; covered by the following insurance: Workers' Compensation, Commercial Liability, Commercial Automobile Liability,and Professional Liabiliry(errors and omissions). i i GeoSolutions, Inc. maintains the following insurance: Workers' Compensation; Commercial Liability; ; Commercial Automobile Liability; and Professional Liability (errors and omissions). Project , requirements for additional insured certificates can be provided at an additional cost of $125.00 per i certificate. ' ( 4.0 SCHEDULE a. Fieldwork may be scheduled immediately upon receiving your signed authorization to proceed, weather permitting. i. Commencement of field exploration can occur within ten weekdays of receipt of the signed agreement,weather permitting. � ' ii. Preliminary information within sevcn weekdays of field exploration. iii. Complete final report in ten additional weekdays. � : � ,.1 • — ��.� � � 2 ___�_._._ _.._.--.._ .r z � • Projccr.SL03567-1 July l8.2UO3 � b. The geotechnicat investigation report will be submitted approximately five weeks of receiving your written autllorization to proceed. 5.0� CL_URE . The locations of any underground utiliry lines should be indicated to din n andsfoundation Splansg and field investigation. Topographic maps, preliminary layout, s�te gr g tentative foundation loads shoutd be provided to ev'ewltof subse uentptan chang s',and(or,other pro ect � the layout could necessitate additionai work. R t Q requirements would be charged as additional cost in accordance with our fee schedule. �'Ve look forward to providing professibnai soils engineering servi�co�en ence��(8�5)543-853g any questions,please contact us to set up an appointment at your earlies . .: Sincerely, GeoSolutions, Inc. ;,� . onna Louise Otto, P.E. enior Civil Engineer CE 22056 � ' S:\Gcotechnical�.SL03567-1 Tract 1998.SLO�.SL03567-1 Tract 1998 Proposal..doc • �� -- � ' o� PRROYOC 11.8. p � INCOR►O�ATE � v v � � �r �o. �o�� * � MEMORANDUM 4��FORN�P TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGE SUBJECT: DISCUSSION REGARDING PLANNING ACTIVITIES AND MEETINGS WITH SPHERE OF INFLUENCE PROPERTY i OWNERS I DATE: AUGUST 12, 2003 RECOMMENDATION: It is recommended the City Council provide direction to staff regarding planning activities, meetings and a municipal process to coordinate with property owners regarding areas within the City's current Sphere of Influence (SOI), such as coordination meetings with property owners, public input, etc. FUNDING: There are no costs projected from the discussion of this item. However, there could be some eventual cost impact, depending upon the planning activities directed. DISCUSSION: As a result of the General Plan update, the City's SOI now consists of properties located south of the City adjacent to Highway 101. The properties are owned by the Frederick and Williams families. At the July 22, 2003 meeting, under Council Communications, Mayor Ferrara briefed the City Council regarding a June 23, 2003 meeting held with representatives of both families to discuss coordination between the property owners and the City on future land use planning activities. The meeting was facilitated by the Mayor, and the City Manager, Public Works i Director and Community Development Director also participated. Attached are � notes firom the meeting regarding identified potential uses and constraints. � � In response, questions were identified regarding involvement of the City Council and public, and the City Council requested the item be placed on a future Council Meeting agenda for discussion. Following discussion, it is recommended the City Council provide direction to staff regarding involvement in future planning activities. However, since any such activities are voluntary for the property , owners, it is recommended that direction be preliminary, contingent upon ' agreement by the property owners. � r CITY COUNCIL PLANNING ACTIVITIES AND MEETINGS WITH SPHERE OF INFLUENCE PROPERTY OWNERS AUGUST 12, 2003 PAGE 2 ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Provide direction to staff regarding a municipal process to coordinate with property owners regarding areas within the City's current SOI, including involvement of staff, the City Council, ! property owners and the public; - Direct staff to take no action regarding planning activities involving the SOI properties; - Provide staff with other direction. Attachments: 1. Notes from June 24, 2003 meeting S:\CITY MANAGER\STEVE\Council Reports\8.12.03 SOI Report.doc ' . . MEETING WITH MAYOR/ STAFF / FREDERICK'S /VON ACHEN /WILLIAMS — 6/24/03 WISH LISTS V—VF— DS— MF —W Job Generating Projects Housing (Moderate/Workforce) V— RS— MF—SA—VF Car Dealers (Move from Village) TF —VF — MF —V— DS Visitor Accommodation Hotels TF — MF— SA— RS Destination Resort/Conf. Facility TF — DS Golf Course/Tennis Facility TF—V Winery (Tasting Room / Bed � Breakfast � Country Inns , i V—SA— RS=W—MF Housing All Categories ? � E TF—W— RS— DS — MF — SA Revenue Generating (Optimize) VF General Recreation Complex TF —VF— DS Restaurants (Nice) Shopping Spa/ Resort Heaith Orientation W Public Facilities (Bus Barn) � � � r Joint Education Venture (Lucia Mar/Cuesta) TF— RS —SA Something to Promote A.G. — Industry/Character TF— RS—SA Avila Barn / Farmers Market Retail Produce, etc. County Government Center City Hall —Community Center � '�F = TONY FERRARA V = VON ACHEN (MARY) SA= STEVE ADAMS W= WILLIAMS (PAT) DS = DON SPAGNOLO MF = MIKE FREDERICK RS = ROB STRONG VF = VERN FREDERICK ' CHALLENGES TF -V-W- MF-SA- DS - RS Traffic Facilitles / Circulation MF Get SLOCOG Behind Projects TF- MF- SA-VF Getting Consensus -Owners / Cit�/ Community TF -W-V- RS- DS- SA Water(Quality/Quantity) W-VF-V- SA- DS Funding / Financing V Environmental Challenges � MF Process /Timelines (Need to Get in Line) � State Budget � VF � � Rumor Mill TF-W-V-VF Open Lines of Communication (All Parties) RS Other Infrastructure (Sewer/ Drainage) W- RS Perception of Size/ Scale of Projects � MF-W- DS -VF County Needs to Acknowledge Regional Benefit " RS Need Cooperation between Property Owners j TF-SA-RS Competing with Other Economic Centers in City ' TF = TONY FERRARA V= VON ACHEN (MARY) SA = STEVE ADAMS W= WILLIAMS (PAT) DS = DON SPAGNOLO MF = MIKE FREDERICK RS = ROB STRONG VF = VERN FREDERICK � pRROYO o ��, � INCORPORATED �Z V T * JULV 10, 1911 * . c4��FORN�P MEMORANDUM TO: CITY COUNCIL FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR S SUBJECT: CORRECTION TO CONSENT AGENDA ITEM 8.j. EMPLOYMENT AGREEMENTS FOR ASSOCIATE AND ASSISTANT PLANNER POSITIONS: FUNDING ALLOCATIONS DATE: AUGUST 12, 2003 The staff report for Item 8.j. incorrectly outlined the sources for funding the $68,144 annual cost for the proposed employment contracts. The correct allocations are $23,200 from Community Development part-time salaries budget; $22,900 rather than $14,000 from Community D evelopment c ontract s ervices budget; $17,000 r ather t han $16,000 from the Economic Development contract services budget; and $5,044 rather than $5,000 from Community Development Block Grant (CDBG) funding. All funding is available within the : approved FY 2003-04 Annual Budget. No additional appropriation is necessary. The ; recommended allocations will also maintain some funding in the contract services accounts for special projects. . In addition, no change in the recommended action is necessary. All other information in the _ , original staff report and agreements remain unchanged. k