Agenda Packet 2003-08-26
CITY COUNCIL Cttt of
AGENDA ArrOlo GrancIe
Tony M. Ferrara Mayor
Jim Dickens Mayor Pro Tem Steven Adams City Manager
Thomas A. Runels Council Member Timothy J. Carmel City Attorney
Sandy Lubin Council Member Kelly Wetmore Director, Administrative Services
Joe Costello Council Member
AGENDA SUMMARY
CITY COUNCIUREDEVELOPMENT AGENCY
TUESDAY, AUGUST 26, 2003
7:00 P.M.
Arroyo Grande City Council Chambers
215 East Branch Street, Arroyo Grande
1. CALL TO ORDER: 7:00 P.M.
2. ROLL CALL COUNCIURDA
(
3. FLAG SALUTE: AMERICAN LEGION POST NO. 136
4. INVOCATION: PASTOR MARK PERRY, CROSSROADS
COMMUNITY CHURCH. ARROYO GRANDE
5. SPECIAL PRESENTATIONS:
None.
6. AGENDA REVIEW:
6.8. Move that all resolutions and ordinances presented tonight be read in title only and
all further readings be waived.
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AGENDA SUMMARY - AUGUST 26, 2003
PAGE 2
7. COMMUNITY COMMENTS AND SUGGESTIONS:
This public comment period is an invitation to members of the community to present
tssues, thoughts, or suggestions on matters not scheduled on this agenda.
Comments should be limited to those matters that are within the jurisdiction of the
City Council. The Brown Act restricts the Council from taking formal action on
matters not published on the agenda. In response to your comments, the Mayor or
presiding Council Member may:
. Direct City staff to assist or coordinate with you.
. A Council Member may state a desire to meet with you.
. It may be the desire of the Council to place your issue or matter on a
future Council agenda.
Please adhere to the following procedures when addressing the Council:
. Comments should be limited to 3 minutes or less.
. Your comments should be directed to the Council as a whole and not
directed to individual Council members.
. Slanderous, profane or personal remarks against any Council Member or
member of the audience shall not be permitted.
8. CONSENT AGENDA:
The following routine items listed below are scheduled for consideration as a group.
The recommendations for each item are noted. Any Council Member may request
that any item be withdrawn from the Consent Agenda to permit discussion or change
the recommended course of action. The City Council may approve the remainder of
the Consent Agenda on one motion.
8.a. Cash Disbursement Ratification (SNODGRASS)
Recommended Action: Approve the listings of cash disbursements for the period
August 1, 2003 - August 15, 2003.
8.b. Consideration of Cash Flow Analysis/ADDroval of Interfund Advance from the
Water Facilitv Fund (SNODGRASS)
Recommended Action: Receive and file the July 2003 cash report and approve the
interfund advance from the Water Facility Fund to cover cash deficits in other funds
at July 31, 2003.
8.c. Consideration of Annual ReDort - Fiscal Year 2002-2003 Cash Activity in
TransDortation Facilities DeveloDment ImDact Fund (SNODGRASS)
Recommended Action: Accept the annual report of Transportation Facilities
Development Impact Fund cash activity and ending cash balance at June 30, 2003.
8.d. Statement of Investment DeDosits (SNODGRASS)
Recommended Action: Receive and file the report of current investment deposits
as of July 31, 2003.
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AGENDA SUMMARY - AUGUST 26, 2003
PAGE 3
8. CONSENT AGENDA (continued):
8.e. Consideration of ADDroval of Minutes (WETMORE)
Recommended Action: Approve the minutes of the Regular City Council Meeting of
August 12, 2003.
8.1. . Consideration of Resolution ADDrovina FY 2003-04 throuah FY 2006-07
Memorandum of Understandina with Arroyo Grande Career Flrefiahters
(AGCF) (HERNANDEZ)
Recommended Action: Adopt Resolution approving the Memorandum of
Understanding with the Arroyo Grande Career Firefighters.
8.g. Consideration of Resolution Endorsina the Activities of the South County
Healthcare Alliance (ADAMS)
Recommended Acti.on: Adopt Resolution endorsing the activities of the South
County Healthcare Alliance.
8.h. Consideration of an Award of Contract for Branch Mill Road Overlay Proiect.
PW-2003-o3 (SPAGNOLO)
Recommended Action: 1) Award a construction contract for the Branch Mill Road
Overlay Project to Papich Construction in the amount of $199,758; 2) Authorize the
City Manager to approve change orders not to exceed the contingency of $19,976
for use only if needed for unanticipated costs during the construction phase of the
project; and, 3) Direct staff to issue the Notice of Award and Notice to Proceed with
other necessary contract documents.
8.L Consideration of an Award of Contract for Fire Station EXDansion Proiect. PW
2003-05 (SPAGNOLO)
Recommended Action: 1) Award a contract for the Fire Station Expansion Project
to DJMlBorbon-A Joint Venture in the amount of $1,635,000; 2) Authorize the City
Manager to approve change orders not to exceed the contingency of $163,500 for
use only if needed for unanticipated costs during the construction phase of the
project; 3) Direct staff to issue the Notice of Award and Notice to Proceed with other
necessary contract documents; and 4) Appropriate $323,000 from the General
Obligation Bond Measure 0-02 and $152,000 from the Fire Facilities Fund.
8.j Consideration of ADDroval of Parcel MaD AG 98-083: Su~dividina One (1)
Parcel into Three (3) Residential Parcels: 1171 Ash Street: ADDllcant
(SPAGNOLO)
Recommended Action: Approve Final Parcel Map AG 98-083, subdividing .54
acres into three (3) residential lots.
8.k. Consideration of AcceDtance for the Scenic Creekside Walk - Phase III Proiect
(SPAGNOLO)
Recommended Action: 1) Accept the project improvements, as constructed by
Maino Construction Company, Inc. in accordance with the plans and specifications
for the Scenic Creekside Walk Phase III Project; 2) Direct staff to file a Notice of
Completion; and 3) Authorize release of the retention of $21,982.07, thirty-five (35)
days after the Notice of Completion has been recorded, if no liens have been filed.
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AGENDA SUMMARY - AUGUST 26, 2003
PAGE 4
8. CONSENT AGENDA (continued):
8.1. Consideration of DeveloDment Code Amendment Case No. 02-006 to Revise
Zonina Reaulations for the Vlllaae Commercial District and Portions of the
General Commercial and Office Professional Districts (STRONG)
Recommended Action: Adopt 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 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.
8.m. Consideration of Authorization to Close City Streets and Use City Prooerty for
the 66th Annual Arroyo Grande Valley Harvest Festival. SeDtember 26-27.2003
(STRONG)
Recommended Action: Adopt Resolution authorizing closure of City streets and
use of City property, and authorize the waiver of City fees and costs for the Annual
Arroyo Grande Valley Harvest Festival.
8.n. Consideration of Deed of Conservation Easement to Lucia Mar Unified School
District for Arroyo Grande Creek Adiolnlna Pauldina Middle School Related to
Off-site Mitiaation for Hidden Oaks Elementarv School Site (STRONG)
Recommended Action: 1) Approve a Deed of Conservation Easement to Lucia Mar
Unified School District for Arroyo Grande Creek adjoining Paulding Middle School
related to off-site mitigation for Hidden Oaks Elementary School in Village Glen
(Tract 2265, Lot 41); and 2) Authorize the City Manager to sign the Deed of
Conservation Easement on behalf of the City of Arroyo Grande.
8.0. Consideration of Aareement Affectina Real ProDerty (STRONG)
Recommended Action: Approve Agreement Affecting Real Property with Ray
Bunnell, owner of Casa Grande Motel and Restaurant, for a deck encroachment
easement, subject to a grant to the City of trail and overlook easement and
construction of trail improvements on adjoining portions of private land.
8.p. Consideration of Settlement Aareement Between Northern Cities and Parties
Outside the Northern Cities Area Reaardina Santa Marla Groundwater
Lltiaatlon. (ADAMS)
Recommended Action: Approve and authorize the Mayor to execute the
Settlement Agreement.
8.q. Consideration of First Amendment to the Purchase and Sale Aareement with
E. F. Moore & COmDany for PODlar Street Pondina Basin Prooertv and
ImDrovements (ADAMS)
[COUNCIURDA]
Recommended Action: 1) The Redevelopment Agency Board of Directors approve
and authorize the Redevelopment Agency Executive Director to execute the
amendment to purchase and sale agreement with E. F. Moore & Company for the
Poplar Street Ponding Basin property, expansion and improvements; and 2) The City
Council approve the expenditure of $26,150 from the Drainage Fund for
improvements to the Poplar Street Ponding Basin project.
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AGENDA SUMMARY - AUGUST 26, 2003
PAGE 5
9. PUBLIC HEARINGS:
9.a. Consideration of ADDeal of Planninc Commission ADDroval of Tentative Tract
MaD 03-002 and Planned Unit DeveloDment 03-002: 1180 Ash Street (STRONG)
Recommended Action: 1) Adopt Resolution denying the appeal of the Planning
Commission's approval of TM 03-002 and PUD 03-002 and refund of appeal fee,
approving TTM 003-002 and PUD 03-002, adopting a Mitigated Negative
Declaration; and 2) Instruct the Director of Administrative Services to file a Notice of
Determination.
9.b. Consideration of Amended Conditional Use Permit Case No. 03-003 to Modify
the Site Plan ADD roved for Conditional. Use Permit 01-010: 579 Camino
Mercado: Central Real Estate DeveloDment (STRONG)
Recommended Action: Adopt a Resolution approving Amended Conditional Use
Permit Case No. 03-003.
9.c. Consideration of a ProDosed Ordinance to Amend the Zoninc MaD to Prezone
to Public Facilities the ProDosed ~t. John's Church Annexation, DeveloDment
Code Amendment Case No. 03-004 (STRONG)
Recommended Action: Approve Development Code Amendment 03-004 and
introduce an Ordinance approving Development Code Amendment 03-004 to amend
a portion of the zoning map to prezone to Public Facilities (P.F.) all properties within
the proposed St. John's Church annexation to the City of Arroyo Grande.
9.d. Consideration of Acriculture Conservation: General Plan Amendment Case
Nos. 03-002 and 03-003: and DeveloDment Code Amendment Case No. 03-005
(STRONG)
Recommended Action: 1) Adopt Resolution approving General Plan Amendment
03-002 amending the land use map to change the land use designation of four
parcels to Agriculture; deleting corresponding language in Land Use Element LU5-
13; and amending the Agriculture, Conservation and Open Space Element to revise
implementation policy Ag1-4.2 'requiring mitigation of agricultural lands at a ratio up
to 2:1; and 2) Continue General Plan Amendment 03-003 and Development Code
Amendment 03-005 to November 25, 2003.
9.e. Consideration of Ordinance to Prohibit Parkinc in Front (Street) Yards
(STRONG)
Recommended Action: Introduce Ordinance amending Municipal Code Section
10.16.010.8 in Chapter 10.16 of Title 10 and Section 16.56.030 in Chapter 16.56 of
Title 16 to prohibit parking in front (street) yards.
10. CONTINUED BUSINESS:
None.
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AGENDA SUMMARY - AUGUST 26, 2003
PAGE 6
11. NEW BUSINESS:
None.
12. CITY COUNCIL REPORTS:
This item gives the Mayor and Council Members the opportunity to present reports to
the other members regarding committees, commissions, boards, or special projects
on which they may be. participating.
(a) MAYOR TONY M. FERRARA:
(1) San. Luis Obispo Council of Governments/San Luis Obispo Regional
Transit Authority (SLOCOG/SLORT A)
(2) South San Luis Obispo County Sanitation District (SSLOCSD)
(3) Integrated Waste Management Authority (lWMA)
(4) Other
(b) MAYOR PRO TEM JIM DICKENS:
(1) South County Youth Coalition
(2) Other
(c) COUNCIL MEMBER THOMAS A. RUNELS:
(1) Zone 3 Water Advisory Board
(2) County Water Resources Advisory Committee (WRAC)
(3) Other
(d) COUNCIL MEMBER SANDY LUBIN:
(1) South County Area Transit (SCAT)
(2) Economic Vitality Corporation (EVC)
(3) Other
(e) COUNCIL MEMBER JOE COSTELLO:
(1) Air Pollution Control District (APCD)
(2) Other
13. CITY COUNCIL MEMBER ITEMS:
The following item(s) are placed on the agenda by the Mayor and/or 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.
14. CITY MANAGER ITEMS:
The following item(s) are placed on the agenda by the City Manager in order to
receive feedback and/or request direction from the Council. No formal action can be
taken.
a) None.
AGENDA SUMMARY - AUGUST 26, 2003
PAGE 7
15. COUNCIL COMMUNICATIONS:
Correspondence/Comments as presented by the City Council.
16. STAFF COMMUNICATIONS:
Correspondence/Comments as presented by the City Manager.
17. 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.
18. ADJOURNMENT
.........
All staff reports or other written documentation relating to each item of business referred to
on the agenda are on file in the Administrative Services Department and are available for
public inspection and reproduction at cost. If requested, the agenda shall be made
available in appropriate alternative formats to persons with a disability, as required by the
Americans with Disabilities Act. To make a request for disability-related modification or
accommodation, contact the Administrative Services Department at 805-473-5414 as soon
as possible and at least 48 hours prior to the meeting date.
.........
Note: This agenda is subject to amendment up to 72 hours prior to the date and time set
for the meeting. Please refer to the agenda posted at City Hall for any revisions, or call the
Director of Administrative Services at (805) 473-5414 for more information.
www.arroyoarande.ora
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8.a.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~
SUBJECT: CASH DISBURSEMENT RA TIFICA TION
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council ratify the attached listing of cash disbursements for
the period August 1- August 15, 2003.
FUNDING:
There is a $860,508.25 fiscal impact. All payments are within the existing budget.
DISCUSSION:
The attached listing represents the cash disbursements required of normal and usual
operations. It is requested that the City Council approve these payments.
Attachments:
Attachment 1 - Cash Disbursement Listing
Attachment 2 - August 1, 2003 Accounts Payable Check Register (03/04)
Attachment 3 - August 8, 2003 Accounts Payable Check Register (02/03)
Attachment 4 - August 8, 2003 Accounts Payable Check Register (03/04)
Attachment 5 - August 8, 2003 Payroll Checks and Benefit Checks
Attachment 6 -August 15, 2003 Accounts Payable Check Register (03/04)
Attachment 7 - August 15, 2003 Accounts Payable Check Register (02/03)
.
ATTACHMENT 1
CITY OF ARROYO GRANDE
CASH DISBURSEMENTS
7M de f'~ ~~ 17~,4~ 15. 2003
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August 26, 2003
Presented are the cash disbursements issued by the Department of Financial Services for
the period August 1 to August 15, 2003. Shown are cash disbursements by week of
occurrence and type of payment.
WEEK TYPE OF PAYMENT AITACHMENT AMOUNT
August 1, 2003
Accounts Payable Cks 111545-111610 (03/04) 2 $ 31,689.05
August 8, 2003
Accounts Payable Cks 111636-111683 (02/03) 3 52,929.03
Accounts Payable Cks 111684-111717 (03/04) 4 4,460.00
Payroll Checks and Benefit Checks 5 355,253.12
412,642.15
August 15, 2003
Accounts Payable Cks 111745-111885 (03/04) 6 343,395.77
Accounts Payable Cks 111886-111899 (02/03) 7 72,781.28
416,177.05
Two Week Total $ 860,508.25
8.b.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES 9'
SUBJECT: CONSIDERATION OF ACCEPTANCE OF CASH FLOW ANALYSIS
AND APPROVAL OF INTERFUND ADVANCES FROM THE WATER
FACILITY FUND
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council:
. Accept the July 2003 cash report,
. Approve the interfund advance of $358,679 from the Water Facility Fund to
cover cash deficits in other funds as of July 31, 2003.
DISCUSSION:
Revenues in individual funds are earned in uneven amounts during each month of the
year; however, expenses in these funds are paid out in fairly consistent amounts.
These differences cause some funds to have temporary cash deficits while waiting for
revenues to equal expenses.
For investment purposes, the City pools cash in individual funds into one bank account.
Because, the City pools the cash of all funds, individual fund shortages are not readily
apparent. However, in reality, funds with excess cash are "financing" the shortages in
other funds, until revenues equal expenses. This report is prepared to present to the
City Council individual fund shortages and the funds financing those shortages. By
year-end, all funds are expected to have, positive cash balances.
FUNDING:
No outside funding is required.
AL TERNA TIVES:
The following alternatives are provided for City council consideration:
- Approve staff recommendation and accept the annual report;
- Do not approve staff recommendation and decline the annual report;
- Modify as appropriate and approve staffs recommendation;
- Provide direction to staff.
Attachment:
A - Cash Balance/lnterfund Advance Report
ATTACHMENT A
CITY OF ARROYO GRANDE
CASH BALANCE / INTERFUND ADVANCE REPORT
At July 31, 2003
Balance at Recommended Revised
Fund 07/31/03 Advances Balance
010 General Fund 1,922,644 1,922,644
210 Fire Protection Impact Fees 127,193 127,193
212 Police Protection Impact Fees 23,749 23,749
213 Park Development 452,157 452,157
214 Park Improvement 65,471 65,471
215 Recreation Community Center 4,577 4,577
217 Landscape Maintenance 30,458 30,458
220 Street (Gas Tax) Fund 127,839 127,839
221 Traffic Congestion Relief 47,849 47,849
222 Traffic Signalization 421,675 421,675
223 Traffic Circulation 472,630 472,630
224 Transportation Facility Impact 1,752,832 1,752,832
225 Transportation 56,414 56,414
226 Water Neutralization Impact 503,758 503,758
230 Construction Tax 231,753 231,753
231 Drainage Facility 18,272 18,272
232 In-Lieu Affordable Housing 628,248 628,248
241 Lopez Facility Fund 899,814 899,814
250 CDBG Fund 0 0
271 State COPS Block Grant Fund 3,070 3,070
272 Calif. Law Enf. Technology Grant 35,826 35,826
279 00-01 Fed Local Law Enforcement Grant 5,209 5,209
284 Redevelopment Agency 13,632 13,632
285 Redevelopment Set Aside 62,944 62,944
350 Capital Projects (332,986) 332,986 0
612 Sewer Fund 26,714 26,714
634 Sewer Facility 123,616 123,616
640 Water Fund 2,744,386 2,744,386
641 Lopez (25,693) 25,693 0
642 Water Facility 1,106,277 (358,679) 747,598
751 Downtown Parking 43,209 43,209
760 Sanitation District Fund 40,572 40,572
Total City Wide Cash 11 ,634, 1 09 0 11,634,109
THE ABOVE LISTING ARE THE CASH BALANCES SHOWN IN THE GENERAL LEDGER
OF THE CITY OF ARROYO GRANDE AS OF JULY 31, 2003
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B.c.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES q~",'(
SUBJECT: CONSIDERATION OF THE ANNUAL REPORT -FISCAL YEAR 2002-03
CASH ACTIVITY IN TRANSPORTATION FACILITIES DEVELOPMENT
IMPACT FUND
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council accept the annual report of Transportation Facilities
Development Impact Fund cash activity and ending cash balance at June 30, 2003.
FUNDING:
There is no impact on funding from this item.
DISCUSSION:
Section 6 of Resolution 3021, Attachment B, requires that within sixty (60) days of the
close of each fiscal year, an accounting of the Transportation Facilities Development
Impact Fund shall be made available to the public.
Resolution 3021 requires the cash balance to be reported within sixty (60) days of the
close of the fiscal year, several months before the City's annual aU,dit is complete. The
firm of Moss, Levy & Hartzheim, CPA's completed the Fiscal Year 2001-02 independent
audit on October 17, 2002, two months after the issuance of the Cash Activity Report.
Therefore, to present a complete picture of the cash activity in this fund, a reconciliation
from the Fiscal Year 2001-02 Cash Activity Report (reported August 27, 2002) and the
independent audit balance is presented at the top of Attachment A.
This reconciliation to the audit shows a decrease to the Transportation Development
Fund of $86,132. This decrease is the result of the use of impact fees from the Long's
project to fund up front costs for the Poplar Street Ponding Basin improvements
($104,397); additional accrued interest income ($17,365 increase); and the recording of
changes to the funding of capital improvement projects ($900 decrease) at year-end.
Impact fee revenue used for the Poplar Ponding Basin will be reimbursed when
adjacent projects are proposed.
During' FY 2002-03, facility impact fees ($68,298) and interest income ($30,927)
provided $99,225 of additional cash, while estimated capital transfers to the CIP
Program of $15,543 reduces that available cash. Though the estimated June 30,2003
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CITY COUNCIL
CONSIDERATION OF TRANSPORTATION FACILITIES DEVELOPMENT REPORT
AUGUST 26, 2003
PAGE 2
cash balance of $1,780,282 increased by $83,682 during the ending fiscal year, this
balance will change with the fourth quarter interest accrual and the finalization of year-
end CIP accounting.
Attachment A reports the cash balance as of June 30, 2002, audit adjustments, audited
balance, cash collected and disbursed during the 2002-03 Fiscal Year, and the ending
unaudited cash balance at June 30, 2003.
AL TERNA TIVES:
The following alternatives are provided for City Council consideration:
- Approve staff recommendation and accept the annual report;
- Do not approve staff recommendation and decline the annual report;
- Modify as appropriate and approve staffs recommendation;
- Provide direction to staff.
Attachments:
1. A - Report of Cash Activity and Ending Unaudited Cash Balance
2. B - Resolution No. 3021
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ATTACHMENT A
CITY OF ARROYO GRANDE
TRANSPORTATION FACILITIES IMPACT FEE FUND
REPORT OF CASH ACTIVITY AND ENDING UNAUDITED CASH BALANCE
AT JUNE 30, 2003
Reconciliation to Audit:
Cash Balance at July 1,2001 $1,782,732
2001-02 Audit Adjustments (86.132)*
Audited Cash Balance as of July 1, 2002 $1.696,600
2002-03 Cash Activity:
Collections, 2002-03 Fiscal Year
I nterest Income $ 30,927
Facility Impact Fees 68.298
Total Revenues 99,225
Disbursements, 2002-03 Fiscal Year (15.543)
Ending Cash Balance, June 30, 2003 $1,780.282
* Audit Adjustments:
The 2001-02 report was filed before the independent audit was completed. The audit
adjustments to revenues and expenditures are as follows:
Advance to RDA - Poplar Basin Contract ($104,397)
Prior Period Adj. -Interest Income (3,957)
Increase in Interest Income 21 ,322
Capital Project Adjustments:
Increase in Oak Park Widening Project (1,642)
Decrease in Brisco Road/101 Interchange Study 921
Decrease in EI Campo/101 Alternative Study 1,621
Total decrease in cash ($ ~6, 132)
EXHIBIT "A"
Table 1
Transportation System Improvement Plan
E,timated Other Arroyo Grende Arroyo Grende
Improvement Description Cost Agenciu Percentege Cost Priority
Involved?
Widen Brl,co Roed undercronlng $ 2.000,000 No 100% $1.000,000 1
EI Cemino Rul . Brl,co to $510,000 No 100% $510.000 1
Helcyon; widen to four lanes
Wut Branch Strut. 41ane from $ t,690,OOO No 100% $1.690.000 1
Oek Park to Brisco
Wut Branch Strut. 5 Ian a from $740,000 No tOO% $740,000 5
Brisco to Grand Ava.
Oal( Perk Road. Widen to 4 $760.000 Grover Buch 50% $380.000 5
lanu Gland Ave. to 101
Huesna Road/227 - Signalize $120.000 County. 33% $39.600 5
Inta"ection Caltran,
Brench St.rrlaffic Way. $736,000 No 100% $738.000 1
leconngure Intersection Including
relllted Improvements
Traffic WaylFelr Oak, . ,Igneliu $120.000 No 100% $120.000 5
Intarsaction Including related
Improvement;
Halcyon Rd./Grend Ave. . NB lert $ 225.000 No 1000/0 $225.000 5
turn. WB lert turn
Elm St./ Farroll Ave. . ,ignellu $120.000 No 100% $120.000 5
intersection .
Velley Roed . realign curve at $33,000 No 100% $33.000 3
,chool
Fail Oaks. Widen to 5 lanu $499.000 No 100% $499,000 5
from Traffic Way to creek
Huesna Roed . Widan to 4 len.. $693.000 No 100% $693,000 5
from Clarance to Vard loomls
Branch Mill/Cherry Avenue. $288.000 No 100% $268,000 1
upgrede exl.tlng roei!.wey
Elm St. . Acquire ROW for $50,000 No 100% $50,000 5
widening
Halcyon Rd. . Acquire ROW for $100.000 No 100% $200.000 5
widening .'
r TOTAL I $8..784.000 I I I $8,303.600 I I
Sources: Compr.hMsivl South County Traffic Modl/ Ind Study, Fin.1 Rlport, November 1992. City 01 Arroyo Grend. CirCIlI.tion EI.ment
01 the GMI",I Plsn. City or Arroyo Grande Public Works Depeltment. California State Departmant of Transportation (Celtrans!.
Priority 1.5
1 . Highest
3 . Modelle
5 . lowest -.
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ATTACHMENT B
RESOLUTION NO. 302 t
A RESOLUTION OF TIlE CITY OF ARROYO GRANDE SETTING
FORTI I TIlE AMOUNT OF PUBLIC FACILITY IMPACT FEES
WHEREAS, Ordinance No. 461 C.S. of the City of Arroyo Grande establishes
transportation facility il11pact fees and provides for the setting of fee amounts by resolution of
the City Council; and,
WHEREAS, the City has conducted a study which estimates the costs of public facilities
needed to maintain the existing level of public services to existing and future residents and
businesses in the City of Arroyo Grande, which is attached hereto as Exhibit" A" and which is
hereby incorporated herein by reference; and,
WHEREAS, pursuant to California Government Code Section 66016, said study has been
available for public inspection and review at least ten (10) days prior to a public hearing held
on this matter and public notice was provided fourteen (14) days prior to the public hearing;
and,
WHEREAS, pursuant to California Government Code Section 66017, this resolution
shall become effective sixty (60) days from the passage of Ordinance 461 CS.
NOW, THEREFORE, the City Council of the City of Arroyo Grande finds and resolves
that:
.
1. Findines:
a. The purpose of transportation facilities impact fees is to protect the public health, safety
and welfare by maintaining the existing level of public services for existing and future
residents and businesses within the City of Arroyo Grande, and to pay for the cost of
providing such facilities. .
b. The fees collected pursuant to this resolution shall be used only to pay for public
facilities identified in Exhibit "A" pursuant to Ordinance No. 461 C.S.
c. There is a reasonable relationship between the types of development on which fees are
imposed and the purpose for which such fees will be used.
.
2. Cost E5tbnates:
The estimated-costs of public facilities to be funded with the fees established by this resolution
are set forth in attached Exhibit It A It. If the actual or estimated cost of public facilities, as
identified. and shown in attached Exhibit" A" should change, the City Manager sh.all review the
fees to determine whether such fees are still adequat~. If the fees should be changed, the City
Manager shall. recommend to the City Council a revised fee schedule be adopted by resolution.
3. Amount of Fees:
a. The amount of the public facility impact fees shall be as set forth in attached Exhibit
"B."
b. The Standard Industrial Classification Manual (SIC) shall be used to interpret land use
categories, when it is unclear.
. -
..--..-
B.d.
MEMORANDUM
TO: CITY COUNCIL
FROM: LYNDA K. SNODGRASS, DIRECTOR OF FINANCIAL SERVICES ~
BY: JANET M. HUWALDT, ACCOUNTING SUPERVISOR ~
SUBJECT: STATEMENT OF INVESTMENT DEPOSITS
DATE: AUGUST 26, 2003
Attached please find a report listing the current investment deposits of the City of Arroyo
Grande, as of July 31,2003, as required by Government Code Section 53646 (b).
-...- -~-----_."".
CITY OF ARROYO GRANDE
MONTHLY INVESTMENT REPORT
A4 01 P<<'9 31, 2003
^ "<<-^, ,~, , "'" """
August 26, 2003
This report presents the City's investments as of July 31, 2003. It includes all
investments managed by the City, the investment institution, type of investment,
maturity date, and rate of interest. As of July 31, 2003, the investment portfolio was in
compliance with all State laws and the City's investment policy.
Current Investments:
The City is currently investing all short-term excess cash in the Local Agency
Investment Fund (LAIF) administered by the State Treasurer. This is a very high
quality investment in terms of safety, liquidity, and yield. The City may readily
transfer the LAIF funds to the City's checking account when funds are needed. At this
time, the City does not hold any other investments. The following is a comparison of
investments based on book values as of July 31, 2003 compared with the prior month
and the prior year.
LAIF INVESTMENT CURRENT PRIOR MONTH PRIOR YEAR
Date: July 2003 June 2003 July 2002
Amount: $12,400,000 14,000,000 12,400,000
Interest Rate: 1.65% 1.77% 2.72%
-~._.--.._- -------~--_._--- -
8.e.
MINUTES
REGULAR MEETING OF THE CITY COUNCIL
TUESDAY, AUGUST 12, 2003
COUNCIL CHAMBERS, 215 EAST BRANCH STREET
ARROYO GRANDE, CALIFORNIA
1. CALL TO ORDER
Mayor Ferrara called the Regular City Council meeting to order at 7:00 p.m.
2. ROLL CALL
City Council: Council Member Runels, Lubin, Costello, Mayor Pro Tem
Dickens, and Mayor Ferrara were present.
City Staff Present: City Manager Adams, City Attorney Carmel, Director of
Administrative Services Wetmore, Director of Public Works
Spagnolo, Associate Planner McClish, and Community
Development Director Strong.
3. FLAG SALUTE
Jack Gatz, member of the Arroyo Grande Lions Club, led the Flag Salute.
4. INVOCATION
Jean Bowser, Bahai Faith, delivered the invocation.
5. SPECIAL PRESENTATIONS
None.
6. AGENDA REVIEW
6.a. Resolutions and Ordinances Read in Title Only
Council Member Lubin 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
Mayor Ferrara requested clarification regarding Agenda Item B.g., with regard to
product specifications for low-flow toilets included in the plumbing retrofit program
bid. Director Spagnolo gave a brief overview of the retrofit program and the
specifications for low-flow toilets.
Council Member Runels moved, and Council Member Costello seconded the motion
to approve Consent Agenda Items 8.a. through B.j., with the recommended courses
of action. The motion carried on the following roll-call vote, to wit:
CITY COUNCIL MINUTES
AUGUST 12,2003
PAGE 2
AYES: Runels, Costello, Lubin, Dickens, Ferrara
NOES: None
ABSENT: None
8.a. Cash Disbursement Ratification.
Action: Approved the listing of cash disbursements for the period July 16,
2003 through July 31, 2003.
8.b. Consideration of Fixed Asset Policy C-009.
Action: Adopted Fixed Asset Policy C-009 to maintain control and cost
information of all General Government Fixed Assets.
8.c. Consideration of a Resolution Authorizing the Fire Station Expansion
General Obligation Bond Property Tax Levy.
Action: Adopted Resolution No. 3700 authorizing the FY 2003-04 property tax
levy approved by voters on November 5, 2002.
8.d. Consideration of Approval of Minutes.
Action: Approved the minutes of the Regular City Council/Redevelopment
Agency Meeting of July 22,2003 as submitted.
8.e. Consideration of First Amendment to Communications Site Lease
Agreement (Ground) with Nextel of California, Inc.
Action: Approved and authorized the Mayor to execute an amendment to the
Communications Site Lease Agreement (Ground) with Nextel of California,
Inc.
8.f. Consideration to Approve a Park-and-Ride Lease Agreement with
Caltrans.
Action: 1) Approved the Park-and-Ride Lease Agreement with the California
Department of Transportation (Caltrans); and 2) Authorized the Mayor to
execute the Agreement.
8.g. Consideration to Award a Contract for Phase I of the Water Conservation
Program to Mid State Plumbing.
Action: 1) Awarded a contract for Phase I of the Water Conservation Program
to Mid State Plumbing in the amount of $275,515; and 2) Appropriated
$289,515 from the Water Neutralization Impact fund.
8.h. Consideration of Award of Bid For %-Ton and 3/4-Ton Pick-up Trucks for
the Public Works Department.
Action: Awarded the bid of $23,200.50 from Christianson Chevrolet for a %-
ton truck and awarded the bid of $22,673.64 from Mullahey Ford for a Y2-ton
pick-up truck for the Public Works Department.
8.L Consideration of Approval of Parcel Map AG 01-427; Lot Split Between
Trans- King and Midas Buildings.
Action: Approved Final Parcel Map AG 01-427, subdividing .88 acres into two
(2) commercial lots.
8.j. Consideration of Employment Agreements for Associate Planner and
Assistant Planner Positions.
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 3
Action: Authorized the City Manager to sign the Employment Agreements for
Associate Planner and Assistant Planner positions for the period from July 1,
2003 to June 30,2005.
9. PUBLIC HEARINGS:
9.a. Consideration of Street Name Change from Sterling Drive to Paulding
Circle.
Community Development Director Strong presented the staff report and
recommended the Council adopt a Resolution renaming Sterling Drive to Paulding
Circle.
Mayor Ferrara opened the Public Hearing, and upon hearing no public comments, he
closed the Public Hearing.
Mayor Pro Tem Dickens moved to adopt a Resolution approving Staff Project Case
No. 03-002 renaming Sterling Drive to Paulding Circle.
City Attorney Carmel requested that the Council consider a modification to the
Resolution to include the map, as depicted in Attachment 2, as incorporated herein.
Mayor Pro Tern Dickens agreed to the modification and amended his motion to adopt
a Resolution, as amended to incorporate Attachment 2 (map), approving Staff Project
Case No. 03-002 renaming Sterling Drive to Paulding Circle. Council Member
Runels seconded the motion to adopt the Resolution, as amended. On the following
roll-call vote, to wit:
AYES: Dickens, Runels, Lubin, Costello, and Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
9.b. Continued Public Hearing - Consideration of 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.
Associate Planner McClish presented the staff report, responded to questions from
Council, and recommended the Council introduce an 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 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.
__M._.___.____._....,~__
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 4
Mayor Ferrara opened the Public Hearing.
Nancy Underwood, Short Street, Arroyo Grande, expressed concerns regarding the
proposed Mixed Use district, especially relating to business hours of operation outside
the hours of 8:00 a.m. to 6:00 p.m. - She requested the Council consider amending the
regulations to provide for a 300 foot notification requirement of proposed commercial
projects near residential uses. She also expressed concerns regarding parking and
requested stricter enforcement of on-site parking.
Ed Dorfman, La Cresta, Arroyo Grande, opposed the proposed height limit of 30 feet for
buildings in the Village due to current building standards and requirements. He
suggested 32 feet as a compromise.
Upon hearing no further public comments, Mayor Ferrara closed the Public Hearing.
Council discussion ensued with regard to the height limit requirements for buildings in
the Village and minor use permit public notification requirements for the Mixed Use
district. The requirements for processing minor use permit applications were
discussed. Following discussion, there was consensus of the Council to make the
following modifications to the proposed Ordinance:
- Revise Section 16.16.120.C.3. to require a 4-W 300 foot radius for noticing Minor Use
Permits for Minor Exceptions;
- Revise Section 16.48.065.0.3. to require a minor use permit for a mixed-use project
proposing a commercial component within 100 feet 300 feet of a residential unit, that
will operate outside of the hours of 8:00 am to 6:00 pm (unless the proposal involves
a conditional use permit as required by section 16.36.030 A-1) to ensure that the
commercial use will not interfere with the residential uses within the project.
- Revise Table 16.36.020-A and Table 16.36.020-8, No.8, to indicate that a maximum
height of 36 feet is allowable through the Variance Minor Use Permit process.
Council Member Lubin moved to introduce an Ordinance, as modified, 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. Council Member Runels seconded the motion, and on the following roll
call vote, to wit:
AYES: Lubin, Costello, Runels, Dickens, and Ferrara
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
-~-------
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 5
10. CONTINUED BUSINESS:
Council Member Lubin declared a potential conflict of interest due to real
property ownership near the project, and stepped down from the dais.
10.a. Consideration of Consultant Services Agreement Amendment No.2 with
Rincon Consultants and Applicant Agreement Amendment No. 2 for
Vesting Tentative Tract Map 01-001/Planned Unit Development 01-001
(Tract 1998)- Castlerock Development.
Community Development Director Strong presented the staff report and
recommended the Council: 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 VTTM/PUD SEIR.
Mayor Ferrara opened up the item for public comment, and upon hearing no further
public comments, he closed the floor to public comment and brought the item back to
Council for consideration.
Council Members Runels and Costello supported the proposed amendments. Mayor
Pro Tem Dickens commented that in response to the concerns expressed previously,
he believed that the scope of work covers the issues to be addressed. He supported
the proposed amendments.
Mayor Ferrara referred to tasks A & B in the scope of work and expressed concerns
as to whether the scope of work was specific enough to address the issues. He
commented that he hoped further research is thoroughly conducted and new exhibits
prepared. He encouraged staff to check in with the consultant to ensure progress is
being made. Director Strong replied that staff would communicate with the
consultant. He also noted that the scope of work included distribution and public
review of the draft amendment to the Final SEIR.
Council Member Costello moved to approve Consultant Services Agreement
Amendment No.2, modifying the scope of work and budget for the VTTM/PUD SEIR.
Mayor Pro Tem Dickens seconded. the motion, and on the following roll call vote, to
wit:
AYES: Costello, Dickens, Runels, and Ferrara
NOES: None
ABSENT: Lubin
There being 4 A YES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
---,_._---_._-~
"-
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 6
Council Member Costello moved to approve Applicant Agreement Amendment No.2,
modifying the scope of work and budget for the VTTM/PUD SEIR. Mayor Pro Tem
Dickens seconded the motion, and on the following roll call vote, to wit:
AYES: Costello, Dickens, Runels, and Ferrara
NOES: None
ABSENT: Lubin
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
Council Member Lubin returned to the dais.
11. NEW BUSINESS: .
11.a. Discussion Regarding Planning Activities and Meeting with Sphere of
Influence Property Owners.
City Manager Adams presented the staff report and recommended the 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 (SOl), such as coordination meetings with property owners,
public input, etc.
Mayor Ferrara provided a chronology of recent events that have occurred and then
suggested ideas on how to proceed with future planning efforts with regard to the
City's southern Sphere of Influence. He acknowledged that representatives of two
major property owners were present. He explained that he and key staff members
had met with representatives of the Williams and Frederick families to discuss ideas
concerning new development south of the City. He suggested that, if the property
owners were willing to move forward, that a process be established to continue with
joint planning meetings leading up to public workshops. He proposed that if the
property owners were willing to move forward, that staff continue to coordinate the
planning process; that Council Members attend on a rotational basis; and that he be
active in facilitating the process along with other members of the Council and staff.
Mayor Ferrara invited the property owners in attendance to address the Council.
Mike Frederick, President, ALC Management Corporation, stated he had met with the
Mayor and he was interested in moving the process along and discussing the same
things with other members of the Council. He commented that ALC was not ready
for public meetings at this time and he did not want to commit at this time to
scheduling public hearings. He stated that if they were to move forward, he could
guarantee they would do as they had done in the past by inviting the entire
community to a workshop to present proposals and receive public input. He stated
------..-----.
-..,-
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 7
that ALC was open to the proposed process and moving forward with further planning
discussions.
Patrick Williams, one of the landowners of the Williams property, concurred with Mr.
Frederick and supported the proposed process. He commented on the Sphere of
Influence and its benefit to both the landowners and the City.
Vern Frederick, property owner, expressed concerns with the considerable amount of
time and study put forth over the past ten years trying to find out what the City
wa nted.
Council Member Runels commented that the EI Campo Interchange is the key issue
with whether or not a project in this area will work. He stated that several studies had
been done and discussions have been held; however, there were regional funding
issues involved and involvement from the County was necessary. Mayor Ferrara
stated he had intentions of inviting SLOCOG, the County, and Caltrans into the
discussions.
Council Member Lubin commented on the proposed process and supported
individual meetings between the property owner and each Council Member; however,
he would not want to move forward with a planning process without first having
completed that step. He suggested moving forward with more of an open process
with public workshops once that process was completed.
Mayor Ferrara clarified that current policy allows for any potential applicant to meet
individually with a Council Member. He suggested that the process he was
recommending does not circumvent that policy and encouraged such meetings. He
stated that it would be difficult to move into public workshops without addressing
some of the preliminary concerns. He stated that with concurrence of the property
owners, he would recommend continuing on with the planning meetings. He clarified
that regular progress reports of the planning meetings would be forthcoming to the
Council through the Agenda.
Council Member Costello stated he would welcome dialogue with the property
owners. He acknowledged Council Member Runels' comments regarding the EI
Campo Interchange and stated that until such time that there is a firm plan in place
regarding EI Campo, this project is going to be very slow in moving forward. He
supported the process as proposed, subject to the limitations of the Brown Act.
Mayor Pro Tern Dickens stated that the City has determined that future growth will be
southeast of the 101 corridor and that the future growth as it is defined in the Sphere
of Influence is an area that the City will be providing public services to. He
acknowledged there were issues with regard to an interchange that would have to be
constructed. He stated that land use proposals should come from the public, and
that decisions and direction should come directly from the community. He
recommended working with the property owners and moving into the public workshop
process.
~._-~-----~._-
_..~-
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 8
Mayor Ferrara moved that only with the participation and consensus of the Frederick
family and the Williams family, to continue to schedule and coordinate planning
meetings in which all parties involved can participate including SLOCOG, the County,
and Caltrans; that members of the Council attend on a rotational basis; that the
planning meetings be done with a view towards structuring public workshops, with
the consensus and agreement of all parties; and that the Mayor work with staff to
lead facilitation of the planning meetings; and the public workshops, when they occur,
would be an opportunity for any member of the Council to participate along with staff
in a facilitative role.
Council and staff discussion ensued with regard to provisions of the Brown Act as it
relates to meetings or workshops and Council participation. Following discussion,
there was consensus of the Council that with the willingness of the property owners,
that ultimately it would be beneficial for the Council to support the public workshop
process. Mayor Ferrara then withdrew his earlier motion.
Mayor Ferrara moved that at some point in the future to determine Sphere of
Influence issues and land use issues, with the cooperation, willingness, and
participation of the property owners, that the City support public workshops in a
manner similar to the E. Grand Avenue workshops. Council Member Lubin seconded
the motion, and on the following roll call vote, to wit:
AYES: Ferrara, Lubin, Runels, Costello, and Dickens
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
12. CITY COUNCIL MEMBER ITEMS:
None.
13. CITY MANAGER ITEMS
None.
14. COUNCIL COMMUNICATIONS
None.
15. STAFF COMMUNICATIONS
City Manager Adams gave a brief update on the adoption of the State budget and its
fiscal impact on the City.
16. COMMUNITY COMMENTS AND SUGGESTIONS
Otis Paqe, Arroyo Grande, referred to the 2001 General Plan Update and spoke
about the role of the City Council and Planning Commission in planning activities for
-"----
CITY COUNCIL MINUTES
AUGUST 12, 2003
PAGE 9
the City. He stated it was not the role of the Mayor or the Council to do the planning
of the City. He strongly opposed Mayor Ferrara's proposal to facilitate the planning
process for the Frederick and Williams family properties, and further stated that all
planning meetings should be noticed according to provisions of the Brown Act and
that members of the public should be allowed to attend such meetings.
17. ADJOURNMENT
Mayor Ferrara adjourned the meeting at 9:25 p.m.
Tony M. Ferrara, Mayor
ATTEST:
Kelly Wetmore, Director of Administrative Servicesl
Deputy City Clerk
(Approved at CC Meeting )
..-----,------
8.f.
MEMORANDUM
TO: CITY COUNCIL
FROM: DAN HERNANDEZ, PARKS, RECREATION, AND FACILlTIES~
DIRECTOR
BY: KAREN SISKO, HUMAN RESOURCES MANAGER ~
SUBJECT: CONSIDERATION OF RESOLUTION APPROVING FY 2003/04
THROUGH FY 2006/07 MEMORANDUM OF UNDERSTANDING WITH
ARROYO GRANDE CAREER FIREFIGHTERS
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended that the City Council adopt a Resolution approving the FY 2003/04
through FY 2006/07 Memorandum of Understanding with the Arroyo Grande Career
Firefighters (Exhibit "A").
FUNDING:
Costs are projected to be approximately $21,275 for FY 2003/04, $43,543 for 2004/05,
$67,282 for 2005/06, and $86,267 for 2006/07. These costs do not include the
retirement costs of PERS single highest year, which will go into effect July 1, 2004 and
PERS 3% @ 55, which will go into effect July 1, 2006 because PERS will not provide
actuarials for future years. The current actuarial costs for PERS single highest year is
$16,455/year and PERS 3% @ 55 plan cost is $22,555/year.
DISCUSSION:
The City and the Arroyo Grande Career Firefighters, which represents full-time Fire
Captains and Fire Engineers, have been engaged in labor negotiations. On August 18,
2003, the City and Arroyo Grande Career Firefighters negotiators came to a tentative
agreement on a proposed contract. The contract will cover a four-year period
commencing July 1, 2003 and ending June 30, 2007.
This contract involves salary and benefit issues. The Memorandum of Understanding
(MOU) was ratified by the Arroyo Grande Career Firefighters membership on August
18, 2003.
~ ~"--"-,_._---- ~_.~
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
1. Approve the Memorandum of Understanding as presented;
2. Reject the Memorandum of Understanding and direct City negotiators to
reopen negotiations with the Arroyo Grande Career Firefighters.
Attachment:
1. Memorandum of Understanding (Exhibit "A")
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING A SALARY AND
BENEFIT PROGRAM FOR EMPLOYEES REPRESENTED
BY THE ARROYO GRANDE CAREER FIREFIGHTERS,
AND REPEALING TH,OSE SECTIONS OF RESOLUTION
NO. 3384 ADOPTED ON AUGUST 10, 1999 IMPACTING
SAID EMPLOYEES
WHEREAS, the City Council deems it to' be in the best interest of the City of Arroyo
Grande and its employees represented by the Arroyo Grande Career Firefighters that
compensation be fixed for all full-time non-management employees as herein provided;
and
WHEREAS, the City has established compensation and working conditions through the
meet and confer process with the designated employee representatives as depicted in
Exhibit "A", entitled Memorandum of Understanding between the City of Arroyo Grande
and the Arroyo Grande Career Firefighters, a copy of which is attached hereto and
incorporated herein by this reference.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the terms of this Resolution as contained in Exhibit "A" attached hereto and
incorporated herein shall become effective July 1, 2003.
BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of
Resolution No. 3384 which established salary and benefits for full-time Fire Department
employees represented by the Service Employees International Union, Local 620.
On motion of Council Member , seconded by Council Member ,
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of ,2003.
~------,._.
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICES
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
<-_.__...~---~-
EXHIBIT "A"
. ^
~{.~~__ CITY OF
,i.......j..',t'r"~...
, ~. !
'&LlFOR~;! (
~ ~ j~h
2003/2004 - 2006/2007
(Four Year)
MEMORANDUM OF UNDERSTANDING
BETWEEN
ARROYO GRANDE CAREER FIREFIGHTERS
AND
CITY OF ARROYO GRANDE
- -----------
2003/2004 - 2006/2007
MEMORANDUM OF UNDERSTANDING
ARROYO GRANDE CAREER FIREFIGHTERS
TABLE OF CONTENTS
ARTICLE 1: TERM OF MEMORANDUM ............................................................1
ARTICLE 2: RECOGN ITION ........ ............. ....... ................ ..... ................... ...........1 . (
!
ARTICLE 3: WAG ES/I N CREASES. "..""" ...""""..""""""""""""""""""""""""..""""".."""" ...""""""....".. 1
ARTICLE 4: APPLICATION OF SALARY STEPS .............................................. 2
ARTICLE 5: ADVANCEMENT IN PA Y .............................................................2-3
ARTICLE 6: SPECIALITY PAY ...........................................................................3
ARTICLE 7: EDUCATIONAL PAY ......................................................................4
ARTICLE 8: UNIFORM AND EQUIPMENT ALLOWANCE .............................4-5
ARTICLE 9: HOURS OF WORK AND OVERTIME..........................................5-6
ARTICLE 10: SHI FT EXCHAN G ES ....... ........ I...... ................................................ 6
ARTICLE 11: MINIMU M ST AFFING .....................................................................6
ARTICLE 12: CALLBACK PAY ...................................... ................... ...................7
ARTICLE 13: V ACA TION LEA VE ...................................................................... 7-9
ARTICLE 14: HOLJDA Y LEA VE ...........................................................................9
ARTICLE 15: SICK LEA VE ..................................................~... ...........................10
ARTICLE 16: BEREAVEMENT LEA VE ..............................................................10
ARTICLE 17: FAMILY LEAVE ............................................................................11
ARTICLE 18: MILITARY LEA VE................................................. ...... ...................11
ARTICLE 19: MEDICAL LEAVE ................................... ........................................12
.-------...----
TABLE OF CONTENTS
(continued)
ARTICLE 20: EMERGENCY LEAVE .................................................................. 12
ARTICLE 21 : JURY DUTY ........................ ....................................... ........ ...........12
ARTICLE 22: MEDICAL INSURANCE PREMIUMS............................................ 13
ARTICLE 23: DENTAL INSURANCE .................................................................14
ARTICLE 24: VISION INSURANCE ............................................ ..... .............. .....14
ARTICLE 25: LIFE INSURANCE ........................................................ ...............14
ARTICLE 26: DISABILITY INSURANCE ........................... ............... .................. 14
ARTICLE 27: RETIREMENT ..........................................................................14-15
ARTICLE 28: PHYSICAL FITNESS ....................................................................15
ARTICLE 29: EDUCA TION ...................................................... ............................16
ARTICLE 30: PAYCHECKS ................ ............................... ....... ... .......................16
ARTICLE 31: P A YRO LL DEDUCTIONS....... ......................................................16
ARTICLE 32: ANNIVERSARY DATES ...............................................................17
ARTICLE 33: PROBATIONARY PERIOD .................................. .........................17
ARTICLE 34: PROMOTIO N .... ..................... .............. ................................. ..... ... 17
ARTICLE 35: POSITION CLASSIFICATION ......................................................18
ARTICLE 36: TRAN SFERS ... ................................... .......................... ................ 18
ARTICLE 37: TEMPORARY POSITIONS ...........................................................18
ARTICLE 38: RESIGNA TION ................................................. ............................18
ARTICLE 39: DEMOTION.................................. ...... ... ... ... ... ..... ........... .... ....19
...~-------_..-.._.-
TABLE OF CONTENTS
(continued)
ARTICLE 40: LAYOFFS AND DISPLACEMENTS ........................................19-20
ARTICLE 41: USE OF PRIVATE VEHICLE/MILEAGE RATE ............................20
ARTICLE 42: PERSONNEL FILES ................. ..................... ..... .............. ....... .....20
ARTICLE 43: POSITION V ACANCI ES ... .................... ....... ......... ....... ....... ..........21
ARTICLE 44: OUTSIDE EMPLOYMENT.. ........................................... .......... .....21 ,
ARTICLE 45: MANAGEMENT RIGHTS ............................ ........ ........ ........ ..... 21-22
ARTICLE 46: GRIEVANCE PROCEDURE ....................................... .............22-25
ARTICLE 47: AG C F ACTiViTIES................. .......................................................25
ARTICLE 48: AGCF ACCESS TO WORK LOCATIONS ...............................25-26
ARTICLE 49: AGCF USE OF CITY FACILITIES ................................................26
ARTICLE 50: ACGF MEET AND CONFER REPRESENTATION....................... 26
ARTICLE 51: NO STRIKE/NO LOCKOUT ..........................................................26
ARTICLE 52: NON DISCRIMINATION ....... ................................ ......... ................. 27
ARTICLE 53: M.O.U. IMPLEMENTATION ..........................................................27
ARTICLE 54: MAINTENANCE OF BENEFITS AND TERMS AND
CONDITIONS..................................................................................................... ..27
ARTICLE 55: SA VINGS CLAUSE............................................... ......................... 27
-.....---..----------
2003/2004 - 2006/2007
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF THE
CITY OF ARROYO GRANDE AND THE
ARROYO GRANDE CAREER FIREFIGHTERS
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of Memorandum of Understanding shall be from July 1, 2003 through June 30,
2007, and thereafter shall continue from year to year. Either party may request !
(
modification by March 15, 2007, in which event, meeting and conferring shall begin no
later than April 15, 2007.
ARTICLE 2. RECOGNITION
The City recognizes the AGCF as the sole and exclusive bargaining unit for all full-time,
permanent classifications in the Fire unit. Classifications represented are Fire Captains
and Fire Engineers.
ARTICLE 3. WAGES J INCREASES
The AGCF represents the following employee classifications:
POSITION JULY 1. 2003 SALARY RANGE
Fire Captain 41
Fire Engineer 34
The City and the Arroyo Grande Career Firefighters agree that all position
classifications represented by the AGCF shall receive salary increases as listed
below:
DATE INCREASE
07/01/03 2.5% COLA (Exhibit A)
01/01/04 2.0% Equity (Exhibit B)
07/01/04 2.5% COLA (Exhibit C)
01/01/05 2.0% Equity (Exhibit D)
07/01/05 3.5% COLA (Exhibit E)
07/01/06 3.5% COLA (Exhibit F)
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ARTICLE 4. APPLICATION OF SALARY STEPS
. All employees entering the permanent, full-time employ of the City shall be paid at the
first step of the salary range, unless otherwise determined by the Fire Chief and City
Manager, established for his/her position classification. Salary step increases, as
provided herein, are not automatic but are based on performance and merit.
Employees shall be placed on the step designated by the City Manager for initial full-
time permanent employment and qualify for increase in compensation or advancement
to the next higher step of his/her salary range in the following manner:
Fire employees may qualify for advancement to the second or next step, after
completion of 12 months service, upon the recommendation of the Fire Chief and
approval of the City Manager.
Employees may qualify for advancement to the third or next step, after the completion of
one year of service at his/her second step, upon recommendation of the Fire Chief and
approval by the City Manager.
Employees may qualify for advancement to the fourth or next step, after the completion
of one year of service at his/her third step, upon recommendation of the Fire Chief and
approval by the City Manager.
Employees may qualify for advancement to the fifth or next step, after completion of one
year of service in his/her fourth step, upon recommendation of the Fire Chief and
approval by the City Manager.
A performance report on each employee recommended for advancement shall be
submitted to the City Manager by the Fire Chief prior to final action on such
recommendation.
ARTICLE 5. ADVANCEMENT IN PAY
The salary range as set forth for each classification is divided into five (5) steps, which
shall be interpreted and applied as follows:
A. The first step is the minimum rate and normally shall be the hiring rate.
B. The second step is granted to employees who are eligible for this
adjustment after completion of twelve (12) full calendar months of
satisfactory service in a classification and not prior to the completion of a
probationary period. The adjustment shall be made only if granted by the
Fire Chief and subject to the approval of the City Manager.
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ARTICLE 5. ADVANCEMENT IN PAY (continued)
C. The third step shall be granted to an employee who has given satisfactory
service in a given classification for one (1) full additional year from
granting of previous step increase only if granted by the Fire Chief and
subject to the approval of the City Manager.
D. The fourth step shall be granted to an employee who has given
satisfactory service for one (1) full additional year by the Fire Chief and
subject to the approval of the City Manager.
E. The fifth step shall be granted to an employee who has given satisfactory
service for one (1) full additional year by the Fire Chief and subject to the
approval of the City Manager.
An employee must always continue to maintain an acceptable level of performance and
shall be evaluated by the Fire Chief annually.
ARTICLE 6. SPECIALTY PAY
A. In addition to the base rate of pay, determined under this MOU, employees
engaged in specialty assignments shall receive Specialty Pay as herein
defined. The Specialty Pay is to be included in all computation of overtime or
other benefit~.
B. Hazardous Material Technician shall receive 2.5% additional pay over his/her
current step, provided those employees possess current certification. The
qualified employee shall notify the Fire Chief upon any change in status within
five (5) business days.
C. Hazardous Material Specialist shall receive 2.5% additional pay over his/her
current step, provided those employees possess current certification. The
qualified employee shall notify the Fire Chief upon any change in status within
five (5) business days.
Where job classifications require either of the above, Section Band/or C will not apply.
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ARTICLE 7. EDUCATIONAL PAY
A. All unit employees may qualify for advancement of one salary range above
their position classified range upon receipt of a an Associated Arts Degree or
Associated Science Degree, in a field relative to their job classification, from
an accredited junior college, or upon earning a special license or certificate,
deemed to be equivalent to an AAIAS degree and is related to the
performance of the employee's duties and/or assignment, upon
recommendation of the Fire Chief and approval by the City Manager. For
purposes of completion of certificated courses related to an employee's duties
and/or assignment equivalency (including those programs resulting in a
special license or certificate) or an aggregate of the same which equals or
exceeds 720 instructional hours, will be deemed to be equivalent to an AA
degree.
B. Unit employees who possess licenses or certificates as specified in Section A
of this Article, totaling less than 720 hours and more than 300 hours of
instruction, shall qualify for an advancement in salary of $20 per pay period
upon recommendation of the Fire Chief and approval by the City Manager.
C. All unit employees m~y qualify for advancement of two salary ranges above
their position classified range upon receipt of a Bachelor of Science/Bachelor
of Arts Degree in a field relative to their job classification, from an accredited
college, upon recommendation of the Fire Chief and approval of the City
Manager.
D. Exceptions: When position classifications require an Associated Arts,
Bachelor of Science, or Bachelor of Arts Degree, no educational pay shall be
paid to an employee holding such a position. The City of Arroyo Grande
agrees not to require the following degrees: A.A., B.S., B.A. for the current
positions represented by the AGCF, unless agreed upon through the meet
and confer' process.
E. The maximum Educational Pay incentive paid to unit employees shall be
capped at five percent (5%) over the current classification range.
ARTICLE 8. UNIFORM AND EQUIPMENT ALLOWANCE
The City shall provide cash allowances of eight hundred dollars ($800) annually to the
employees required by the Fire Chief to wear a uniform selected by the City. One-half
(%) of such allowance shall be paid in July of each year for the period July through
December of the same calendar year. The City shall pay the remaining half of such
allowance during January for the period January through June of the same calendar
year. The uniform allowance will be paid on the first Friday after the first regular pay
date of the month due.
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ARTICLE 8. UNIFORM AND EQUIPMENT ALLOWANCE (continued)
Such allowances shall be used by the employee to replace, maintain, repair, and clean
all designated uniform garments, hats, caps, shoes, leatherwear, and ornamentation.
Upon the hiring of a Fire Department employee, the City will provide applicable safety
equipment and initial uniforms and ancillary equipment as specified by Fire Department
policy. The City will provide replacement safety equipment as necessary.
ARTICLE 9. HOURS OF WORK AND OVERTIME
A. WORKDAY
The normal workday shall be a consecutive twenty-four (24) hour period. A work
shift is defined as a work period of twenty-four (24) hours, commencing at 0700
hours and continuing until the next day, ending at 0700 hours (7 a.m. to the
following 7 a.m.).
Special assignment may require an employee to work a nine/eighty (9/80) work
schedule on a temporary basis. Should an employee be assigned to this
schedule, all leave benefits (vacation, sick, holidays, etc.) shall accrue at the 40-
hour work week accrual rate and no FLSA is given.
B. WORKWEEK
The normal workweek shall average fifty-six (56) hours of work over the course
of a year, except in cases of emergency.
C. SHIFT SCHEDULE
The regular work schedule shall be nine (9) twenty-four (24) hour shifts in a
twenty-seven (27) day cycle.
X = 24-hour on-duty period -
o = 24-hour off-duty period
Schedule: XOXOXOOOOXOXOXOOOOXOXOXOOOO
D. The Fire Department shall give no less than fifteen (15) days notice prior to
changing a shift assignment for non-emerg~ncy reasons.
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ARTICLE 9. HOURS OF WORK AND OVERTIME (continued)
E. Overtime shall be paid at time and one-half of the employee's base salary for
all actual hours worked in excess of two hundred and four (204) hours in a
twenty-seven (27) day cycle and in accordance with the Fair Labor Standards
Act (FLSA). Overtime shall be computed to the nearest one quarter (1/4)
hour. For those assigned to an eight (8) hour day, overtime shall be paid for
hours worked in excess of forty (40) hours per week. :
F. At the request of any employee eligible for overtime pay, his/her supervisor
will provide that, in lieu of cash payment for any overtime, he/she may have
the choice of time off with pay at the rate of one and one-half (1 and ~) hours
for each hour of overtime worked. The -department will have a procedure for
granting the time off and filling the position in accordance with FLSA. The
limit for accrued compensatory time off is two hundred and forty-five (245)
hours. Compensatory time off in excess of two hundred and forty-five (245)
hours shall be paid at the employee's straight hourly wage during the pay
period of December 15th of each calendar year. Upon separation from
employment, an employee is entitled to receive cash compensation for any
unused compensatory time.
ARTICLE 10. SHIFT EXCHANGES
An employee may exchange oall or any portion of a work shift in a manner consistent
with the FLSA and Department policy, provided the replacement is a qualified
employee. The City is not responsible for shift exchange arrangements made between
employees and is not responsible for any record keeping. Outstanding shift exchange
paybacks are the responsibility of the individuals involved. According to the FLSA, shift
exchanges are not considered "hours worked' and, therefore, do not have to be paid
back in the twenty-seven day cycle. An employee who owes exchange time to another
employee shall work for the other employee, and cannot pay it back in vacation time or
other paid leave time.
ARTICLE 11. MINIMUM STAFFING
Twenty-four (24) hour minimum staffing each day shall consist of one (1) Full-Time Fire
Department Captain and one (1) Full-Time Fire Department Engineer. In the absence
of one (1) or both positions, the position(s) shall be filled first through a "qualified"
volunteer. If it is within an hour of shift start, then two (2) pages will be put out to
volunteers. If the position cannot be filled after two (2) pages with a qualified volunteer,
then the position(s) shall be filled on an overtime basis from full-time Fire Department
employees. In cases of emergency, a Chief Officer may also elect to add additional
staffing, as he/she may deem necessary to mitigate life-threatening situations.
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ARTICLE 12. CALLBACK PAY
Callback is defined as, "the circumstances that requires an employee to unexpectedly
return to work after the employee has left work at the end of the employee's work day or
work week." An employee called back to work will receive a minimum two (2) hours
overtime pay. An employee called back for overtime pay shall not be required to fulfill
the hourly obligation to receive callback pay. An employee called in early to start his/her
work shift without prior reasonable notice will receive a minimum two (2) hours overtime
pay. Reasonable notice shall be defined as, "the number of hours in the employee's
standard shift." If an off duty full-time City Fire Department employee is requested to
respond to an emergency by a Chief Officer, Captain or "Qualified OIC" via radio
(second page requested), telephone, pager, or in person, overtime pay shall commence
from the time the employee signs in at the Fire station. Overtime pay shall end when
released by a Chief Officer, Captain or "Qualified OIC".
ARTICLE 13. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee
to annually return to his/her work ~entally and physically refreshed.
B. Each eligible employee shall be required to have served the equivalent of
one (1) year of continuous service with the City in order to be eligible for
his/her full annual vacation leave. However, in the event an employee so
chooses, he/she may, after six (6) continuous months of service, take
vacation leave not to exceed fifty-six (56) working hours with his/her
Supervisor's approval.
C. Employees who terminate employment shall be paid at termination; and
upon return of all City-owned property, if any, a lump sum for all accrued
vacation leave earned prior to the date of termination.
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ARTICLE 13. VACATION LEAVE (continued)
D. Vacation leave with pay shall be earned in accordance with the following
schedule:
AFTER: YEARS = HOURS PER MONTH
01 9.34
02 11.20 :
03 12.14
04 13.08
05 14.00
06 14.00
07 14.94
08 14.94
09 15.88
10 15.88
11 16.80
12 16.80
13 17.74
14 17.74
15 18.68
E. If for any reason an employee becomes ill during a vacation, the affected
employee shall be entitled to utilize such available sick leave in lieu of
vacation leave.
F. Vacation leave may be taken as it accrues. Vacation shall be scheduled
at the discretion and convenience of each individual employee, with the
consent of the Supervisor, within the limitation necessitated by legitimate
operational needs of the City.
G. In the event the scheduling preferences of two (2) or more employees
conflict, the preferences of the more senior employee from date of hire
shall govern barring any unusual circumstances.
H. An employee must use a minimum of 50% vacation leave earned
each c~lendar year during that same calendar year. The balance of the
vacation leave remaining unused during that same calendar year may be
accrued. Exception is made to this paragraph for all new employees
commencing City employment after December 31 st of each year so that
there is no requirement upon a new employee to use a minimum of 50%
of vacation leave earned by the first December 31 st after employment
commences.
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ARTICLE 13. VACATION LEAVE (continued)
I. Employees may accrue vacation leave up to a maximum of 315 hours. In
the event of an employee's accrued vacation leave exceeds the maximum
allowable on January 1, the employee shall be paid at his/her January 1
hourly wage rate for those hours accrued in excess of the maximum
allowable. Upon request of an employee, an exception to the accrual limit ,
may be made upon recommendation by the Department Director and
approval by the City Manager.
ARTICLE 14. ' HOLIDAY LEAVE
A. The following, holidays are the designated holidays for full-time Fire
Department employees. In lieu of the designated holidays, employees will
be provided 6.07 hours of straight-time pay semi-monthly.
1. Independence Day
2. Labor Day
3. Veteran's Day
4. Thanksgiving
5. Day following Thanksgiving
6. Christmas Eve, half day
7. Christmas
8. New Year's Eve, half day
9. New Year's Day
10. Martin Luther King Day
11. Lincoln's Birthday
12. President's Day
13. Memorial Day
14. One day per fiscal year of the employee's choice with Supervisor
approval (Floating Holiday).
B. Special Holidays:
Every day designated by the President, Governor, or Mayor for public
observance as a special, nonrecurring single event, such as the death of a
national leader or end of a war shall be a City-paid holiday.
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ARTICLE 15. SICK LEAVE
A. All full-time, permanent employees shall accrue 11.2 hours of sick leave
with pay for each month of service~ The maximum accumulation of
earned sick leave shall be 1,680 hours. An employee will not accumulate
any additional sick leave until such time as his/her accumulated balance
falls below 1,680 hours. Upon retirement an employee may choose to be
paid 50% of his/her unused sick leave, to a maximum, of 480 hours at
his/her current rate of pay. Upon retirement, unused accumulated sick
leave may be converted to PERS retirement credit per the City's contract
with PERS. At the end of each calendar year, each employee has the
option of being paid straight time for 25% of his/her unused sick leave of
that year, transferring it to vacation, or leaving it in sick leave.
B. Employees may transfer sick leave on a voluntary basis to a fellow
employee who has exhausted all his/her sick leave and vacation leave
due to an extended illness or injury. The transfer shall be based on each
employee's hourly rate of pay and shall not exceed twenty-four (24) hours
of sick leave based on the hourly rate of pay of the receiving employee.
The transfer' shall be requested on a form provided by the City, be
completed by both. employees who mutually request such transfer, and
submitted for approval to their Department Directors and the City Manager
for final approval. The receiving employee shall not be obligated to repay
any transferred leave to the contributing employee, and contributing
employee understands that such transfer shall be deemed as if used and
will be subject to all other provisions applicable.
ARTICLE 16. BEREAVEMENT LEAVE
Unit employees shall be granted leave by their Department Director whenever
the affected employee has experienced a death in the immediate family, defined
as the spouse, the employee's or employee's spouse's father, mother, brother or
sister, child or stepchild, grandparents, grandchildren, son-in-law, daughter-in-
law, "step" relatives as described above, aunt or uncle, or any other person
residing'in the same household where attendance to the funeral is necessary.
Such absence by the employee shall be limited to three (3) working shifts per
occurrence of paid leave as approved by Fire management. Such leave is not
chargeable against sick or vacation leave. As a condition of granting leave for
bereavement purposes, the employee must submit an approved declaration or
other evidence such as a death certificate or obituary, acceptable to Fire
management justifying such absence.
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ARTICLE 17. FAMILY LEAVE
Pursuant to the State and Federal Leave Acts, the following is provided for all
employees who have been employed a minimum of twelve (12) months and have
worked at least 1,250 hours during the 12-month period preceding leave:
1. Up to twelve (12) weeks (60 workdays) unpaid leave in a twelve (12)
month period. Intermittent leave is allowed. ,
2. Leave may be taken for: 1) birth of and care of newborn child; 2)
placement of child with employee for adoption or foster care; 3) to care for
spouse, child, or parent having serious health condition; 4) employee's
own serious health condition.
3. The employee's insurance including medical, dental, vision, and life
insurance will be maintained under the same conditions as if the employee
were still working.
4. Request for leave must be made 30 days prior to leave, if foreseeable.
5. Employee "may use accrued vacation, holiday, or personal leave during
family leave. Sick leave may be used for employee and/or immediate
family illness or disability.
6. Upon return to work, employee will be restored to same or equivalent
position with equivalent benefits.
All other provisions of the State FCLA and Federal FMLA apply.
ARTICLE 18. MILITARY LEAVE
Employees taking military leave with the National Guard or Reserves shall be entitled to
full City pay and benefits as required by State statute.
All military leave in excess of thirty (30) calendar days per year, if granted by the City,
shall be without City payor City-paid benefits and shall be for a period not to exceed
forty-eight (48) working days per calendar year. The employer may retain his/her City
benefits, such as medical insurance, by paying all premiums. The City may elect to
replace the employee in his/her position in the" event employee takes more than forty-
eight (48) working days per calendar year.
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ARTICLE 19. MEDICAL LEAVE
Medical leave without pay may be granted for the purpose of recovery from prolonged
illness or injury or to restore health, or for preg"nancy upon employee's written request to
and approved by the Department Director and City Manager, ~ubject to submission of
medical evidence satisfactory as establishing the employee's medical need. During the
approved leave period, the City will not pay employee benefits; however, the employee
may elect to maintain City medical insurance coverage for employee and dependents at
employee's sole cost if such coverage of all individuals is in effect sixty (60) days prior
to leave application to the City Manager.
ARTICLE 20. EMERGENCY LEAVE
Emergency leave without pay may be granted to any permanent employee who, upon
written request to and approved by the Department Director and City Manager,
demonstrates that the leave is necessary for personal reasons beyond his/her control or
will serve to improve his/her ability as an employee of the City. Emergency leaves may
be granted up to a maximum of one (1) year. Upon expiration of an approved
emergency leave, the employee shall be reinstated in the position held at the time leave
was" granted. The leave period shall not be credited to employee seniority or credited
toward time served with the City. Failure on the part of the employee on leave to report
promptly at the leave's expiration shall be cause for discharge. During the leave period
the City will not pay employee benefits; however, the employee may elect to maintain
City medical insurance coverage for employee and dependents at employee's sole
expense if such coverage of all individuals is in effect sixty (60) days prior to leave
application to the City Manager.
ARTICLE 21. JURY DUTY
Employees shall be granted leave, with full pay and no loss in benefits, when called for
jury duty, if the employee remits jury fees received for such jury duty. The employee
may retain all travel payor subsistence pay granted by the court because of the
employee's participation in jury duty. The employee shall be responsible for notifying
his/her supervisor' as soon as possible upon receiving notice to appear for jury duty,
make every reasonable effort to keep his/her supervisor advised as to the anticipated
length of service, and return to work immediately following the end of jury duty service.
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ARTICLE 22. MEDICAL INSURANCE PREMIUMS
A. The base medical plan shall be defined as the Health Maintenance
Organization (HMO) program available to the City. If availability of an HMO to
the City is discontinued by the medical plan provider, the base plan will
become the basic PPO plan available to the City by the existing medical plan
provider.
B. For the period of July 1,2003 through December 31,2003, the City shall pay
the monthly premium to a maximum of $267.25 with respect to an employee
enrolled for self alone, $534.50 for an employee enrolled for self and one
family member, and $694.86 for an employee enrolled for self and two or
more family members.
C. For the period of January 1, 2004 through December 31, 2004, the City shall
pay the amount in effect on December 31, 2003, plus 75% of any increase to
the premium for the base plan available to the City.
D. For the period of January 1,2005 through December 31, 2005, the City shall
pay the amount in effect on December 31,2004, plus 75% of any increase to
the premium for the base plan available to the City.
E. For the period of January 1,2006 through December 31,2006, the City shall
pay the amount in effect on December 31,2005, plus 75% of any increase to
the premium for the base plan available to the City.
F. For the period of January 1, 2007 through June 30, 2007, the City shall pay
the amount in effect on December 31,2006, plus 75% of any increase to the
premium for the base plan available to the City.
G. In no event shall the amount of the City's contribution to medical care
premiums exceed 100% of the cost of providing the insurance coverage.
H. Upon providing the City written proof that medical. insurance coverage is in
force through coverage provided by another source, an employee may opt out
of the City's medical insurance plan and receive payment at the employee
only level consistent with any rules or restrictions on the City by the medical
plan provider.
I. Medical insurance is available for retirees through the City at the retiree's own
expense until the retiree is eligible for Medicare.
J. The City will maintain health benefits through CalPERS for calendar year
2003.
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ARTICLE 23. DENTAL INSURANCE
The City shall provide for all employees in classifications represented in this
Memorandum of Understanding a dental plan of the City's choice. The City shall
pay up to the full family premium. The City may select an alternate dental
insurance plan provider during the term of this M.O.U. providing that:
1. Any new plan maintains equivalent benefits to the employees; and
2. At least twenty-one (21) days advanced notice of plan changes are
provided to the AGCF.
ARTICLE 24. VISION INSURANCE
The City shall provide a Vision Care Plan for bargaining unit members. The City
shall contribute the full family premium. The City may select an alternate vision
care provider during the term of the M.O.U. providing that:
1. Any new plan maintains equivalent benefits to the employees; and
2. At least twenty-one (21 ) days advanced notice of plan changes are
provided to the AGCF.
ARTICLE 25. LIFE INSURANCE
The City shall provide group term life insurance benefit plan for bargaining unit
members, which shall provide for forty thousand dollars ($40,000) life coverage
for employees only during the term of their employment. Full cost for said policy
will be paid for by the City.
ARTICLE 26. DISABILITY INSURANCE
The City shall provide and p~y the premiums for State Disability Insurance,
integrated with sick leave. Effective January 1, 2004, the City will pay the
premiums for the new Family Temporary Disability Insurance. Should there be
any future rate increases to State Disability Insurance and/or Family Temporary
Disability Insurance plans after January 1, 2004, the City and AGCF agree to
meet and confer to discuss responsibility for payment of such increases.
ARTICLE 27. RETIREMENT
27.1 PERS Retirement Contributions
A. G.C. Section 21362. The PERS 2% at Age 50 Retirement Plan is
provided for unit personnel, with the City paying back to each employee
an amount equal to the 9% deduction from the employee's paycheck for
PERS retirement. The PERS 3% at Age 55 Plan will go effective on July
1 , 2006.
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ARTICLE 27. RETIREMENT (continued)
27.1 PERS Retirement Contributions (continued)
B. G.C. Section 20636 (c)(4) pursuant to Section 20691. Beginning in FY
2002-2003 the City agrees that the employee portion of the PERS
contribution, made by the City, shall be report~d to PERS as income. The
City will be responsible for the increased PERS contribution as a result of
the reporting change.
C. G.C. Section 21024 and 21027. Employees may buy back, at their
expense, retirement service credit for prior military service as permitted by
PERS.
D. GC Section 20042. Single highest year compensation will go effective
July 1, 2004.
E. GC Section 20965. Employees will receive credit for unused sick leave.
27.2 Retirement Defined
Retirement is defined as the termination of employment at an age when the
employee would qualify for an allowance under the Public Employees Retirement
System (PERS) and the City's Personnel Regulations.
27.3 Retiree Medical
A. Employees who retire from City s~rvice will be allowed to purchase
medical insurance coverage through the City.
B. The City has elected to participate in the PERS Health Benefit Program
with the unequal contribution option. The City's contribution towards
retirees started at $1.00 per year in 2000. The contribution shall increase
5% per year of the City's contribution for active employees until such time
that the contributions for retirees and active employees are equal,
providing that the City is participating in the CalPERS Health Plan.
ARTICLE 28. PHYSICAL FITNESS
Employees shall be allotted up to one and one half (1 %) hours per twenty-four hour shift
(including shower/cleanup time) for physical fitness workouts. The time for the workout
shall be designated by the Fire Chief or his/her designee. If mission requirements do
not allow for the completion of the physical fitness workouts, no makeup time is required
for that day missed.
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ARTICLE 29. EDUCATION
A. Definition
For training or certification which is required by job specifications, legal
mandates, and/or which is required by the City, the City will provide for
such training and/or certification, including paid City time to attend the
training and to pay for costs associated with the training, provided that'
funds for such training are included in the current City budget.
1. This section does not apply to training courses and/or
certifications required for advancement/promotion to a new
position.
B. For training or certification which is encouraged by the City in support of
identified programs, the City will provide for such training and/or
certification, including providing City time to attend the training and to pay
for costs associated with attending the training, provided that the program
for which the training and/or certification is related remains in operation
and that funds for such training are included in the current City Budget.
ARTICLE 30. PAYCHECKS
The City will pay regular checks on a biweekly basis. The paychecks will be provided to
the Fire Department for distribution to employees by 3:00 p.m. the day prior to the
designated payday unless technical difficulties occur which are beyond the control of
the City. In any event, paychecks will be provided no later than 5:00 p.m. on the City's
designated payday. However, no check may be deposited into a financial institution to
be recorded by the issuing bank prior to the date of the designated payday. If an error
occurs in the amount of the paycheck over two hundred and fifty dollars ($250.00), upon
request by the employee, a corrected check shall be issued to the employee within
three (3) business days.
ARTICLE 31. PAYROLL DEDUCTIONS
Requests for changes in and cancellation of Group dues shall be promptly processed by
the Group and put into effect by the City at the employee's request. Deductions for
dues shall be made twice monthly by the City. Requests for deductions shall be made
on City-approved authorization cards.
The AGCF agrees to indemnify and hold the City harmless from any liabilities that may
arise asa result of the application of this article.
"-
AGCF MOU
PAGE 17
ARTICLE 32. ANNIVERSARY DATES
All current employee anniversary dates shall be as contained in the current City records.
All employees hired after July 1, 1986 shall have an anniversary date the same as date
of hire.
ARTICLE 33. PROBATIONARY PERIOD
.
All appointments shall be tentative and subject to a probationary period of twelve (12)
months. The Fire Chief, with the consent of the City Manager, may extend the
probationary period for specified cause(s) that shall be provided in writing to an
employee. All probationary employees who are being placed on an extended
probationary period shall be given written notice of the extension prior to the expiration
of their probationary period. In the event no such notice is given, the employee shall be
considered to have successfully completed his/her probationary period. An employee
who is in a position that is reclassified shall not be required to complete an additional
probationary period. The probationary period shall be regarded as a part of a
continuing testing process and shall be utilized for closely observing the employee's
work, for securing the most effective adjustment of a new employee to his or her
position, and for rejecting any probationary employee whose performance does not
meet the required standards of work. The Fire Chief, with the consent of the City
Manager, may release the probationary employee from City employment without cause
at any time during the probationary period.
ARTICLE 34. PROMOTION
Transfer of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed on the salary step of the new range which would
result in at least a five percent (5%) increase in salary compared to the employee's
existing salary. Promotion of an employee may be made by the Fire Chief, with the
consent of the City Manager, without testing or opening the position for consideration of
all non-employees. All current employees shall be given consideration over all non-
employees. All current employees shall be given consideration for a position opening
that will be filled by promotion. Employees may only apply for promotion if they meet
the minimum requirements for the position to which they wish to be promoted, on the'
date the announcement closes. In the event the promoted party is removed during the
probationary period from the position to which promoted, the employee shall not be
considered demoted but shall be returned to the range from which promoted. No
changes in step shall occur as a result of an employee passing the promoted position
probationary period. A promoted employee shall retain his or her anniversary date held
prior to promotion.
~._-_._----
AGCF MOU
PAGE 18
ARTICLE 35. POSITION CLASSIFICATION
Classification Changes: During the course of this M.O.U., the City shall notify the
employee concerned in case of contemplated change in job content as contained in the
classification descriptions that were in effect at the beginning of the agreement.
Working Out of Classification: The term "working out of classification" is defined as a
Management-authorized, full-time assignment to a budgeted position on a temporary
basis, wherein an individual holding a .classification within a lower compensation rang~
performs all significant duties. Pay for working out of classification shall be as follows:
A. Employees appointed to unfilled positions on an "out of classification"
basis will receive acting pay within the range of the. higher classification
beginning the first day of the assignment
B. Employees appointed to a position for vacation, sick leave, or other leave
of absence coverage will receive acting pay within the range of the higher
classification after three (3) consecutive workdays (72 hours) of
assignment in the acting position.
Such acting pay shall be a minimum of five percent (5%) over the
employee's current salary.
"Out of' classification" provisions do not apply to work assignments performed in
connection with specific predetermined apprenticeship or training programs or declared
conditions of emergency and/or disaster.
ARTICLE 36. TRANSFERS
Transfer of an employee to a position within the employee's current range shall not
affect the employee's salary range. Transfer of an employee to a position within a
higher range shall be considered a promotion. Transfer of an employee to a lower
range shall be considered a demotion.
ARTICLE 37. TEMPORARY POSITIONS
The Fire Chief may temporarily promote an employee only after entering into a written
agreement of the terms of such temporary promotion with the employee.
ARTICLE 38. RESIGNATION
An employee wishing to leave his/her employment with the City in good standing shall
file with his/her supervisor a written resignation stating the effective date of his/her
resignation and the reason for leaving. The resigning individual shall file such written
resignation at least two (2) weeks in advance of the effective termination date and
participate in an exit interview conducted by the City prior to issuance of the final
paycheck.
-.,.-----.-
,,--
AGCF MOU
PAGE 19
ARTICLE 39. DEMOTION
Transfer of an employee to a lower class shall result in reduction of salary. The
employee's salary shall be placed in the identical step in the lower class that the
employee enjoyed in the class from which demotion was made.
Demotion can be made for cause, which shall be provided to the employee in writing by
the Fire Chief prior to any action taking place. Demotion for disciplinary reasons may
be appealed through the grievance procedure by the demoted employee. Demotion for
other reasons is not appealable.
ARTICLE 40. LAYOFFS AND DISPLACEMENT
Lavoffs:
Whenever, in the judgment of the City, it becomes necessary to make a reduction in
force, whenever possible, said reduction shall be accomplished through attrition. .
Layoffs shall be made by classification and may be department-wide or by division,
program, or function.
Workers subject to a reduction in force shall be given at least forty-five (45) working
days' notice prior to the effective date of the layoff. The notice shall contain the
information required in Section X. "Layoff Procedure" of the Personnel Regulations.
The AGCF shall receive concurrent notice and shall be granted an opportunity to meet
and consult with the City to discuss proposed alternatives to a reduction in force.
Permanent full-time employees and permanent part-time employees shall be
considered separately when the order of layoff reaches C. and D. below. Nothing
herein is intended to require. a preference for or against either full-time or part-time
permanent employees in the order of layoff.
When one or more workers performing in the same class in a City department is to face
a reduction in force, that worker's most recent annual evaluation and seniority shall be
used to determine the order of layoff pursuant to the following procedures:
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first);
B. Probationary employees in inverse order of seniority;
C. Permanent employees whose most recent annual evaluations were below
satisfactory in inverse order of seniority; and
D. Permanent employees in inverse order of seniority.
.~._---~----
-
AGCF MOU
PAGE 20
ARTICLE 40. LAYOFFS AND DISPLACEMENT (continued)
"Seniority" for the purposes of this Article shall be defined as the length of service as a
permanent full-time employee with the City. When determining seniority for permanent
full-time positions within a classification subject to layoff, only permanent full-time
service shall be considered.
Displacement:
Permanent full-time employees subject to layoff shall have the right to displace an ,
employee in the same classification in any Department of the City or in a different class
within the City with the same or lower salary range provided, however, that:
1. The employee subject to layoff has greater seniority than the employee
being displaced and was rated at a minimum of competent/satisfactory in
his/her latest evaluation.
2. If the displacement is to a different class, it must be a class in the same
occupational series as determined by the City with the concurrence of
AGCF or, to a class previously held by the employee as a permanent full-
time employee of the City.
If a position in the laid-off employee's classification, or a similar position in a
classification for which the City determines the former employee is suited, becomes
available within twenty-four (24) months of layoff, said former employee shall be
recalled and offered the position in the inverse order of layoff. If a job in a lower paid
classification becomes available within twenty-four (24) months, the City shall review
the previously laid-off employees' qualifications. If such laid-off former employees are
qualified in the judgment of the City, he/she may fill the slot(s). until his/her former
position becomes available, if ever.
ARTICLE 41. USE OF PRIVATE VEHICLE I MILEAGE RATE
No worker shall be required as a condition of obtaining or continuing City employment,
to possess or provide a private vehicle for use in connection with his/her City
employment. The City shall reimburse employees at the rate established by the City
Council for use of personal vehicles when such employees agree to such use upon
stated request of the City. Transportation to and from work shall not be reimbursed.
ARTICLE 42. PERSONNEL FILES
An employee or his/her designee may inspect his/her personnel file and obtain copies of
any and all items in that file at employee expense. A copy of all materials placed in an
employee's personnel file shall be provided to the employee upon the employee's
request. The. employee may have placed in his/her personnel file any signed and dated
statement of clarification or disagreement to any item or article contained wi~hin his/her
personnel file.
-------~.__..._.._.-
...--
AGCF MOU
PAGE 21
ARTICLE 43. POSITION VACANCIES
Should the City determine that a vacancy would not be filled, such determination shall
be made within one hundred and twenty (120) working days of the date upon which the
worker vacated the position. Upon said determination the City will notify the workers in
the affected department.
ARTICLE 44. OUTSIDE EMPLOYMENT
No full-time employee shall engage in outside employment or an enterprise that his/her
Department Director and/or the City Manager may find unsuitable and in conflict with
their municipal duties. or responsibilities or that lessens their effectiveness as a City
employee.
ARTICLE 45. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State law and City
ordinances and expressly and exclusively retains its management rights, which include
but are not limited to:
.. the exclusive right to determine the mission of its constituent departments,
commissions, boards;
.. set standards and levels of services;
.. determine the procedures and standards of selection for employment and
promotions;
.. direct its employees;
.. determine the methods and means to relieve its employees from duty
because of lack of work or other lawful reasons;
.. maintain the efficiency of governmental operations;
.. determine the methods, means, and numbers and kinds of persons by
which government operations are to be conducted;
.. determine methods of financing;
.. determine style and/or types of City-issued equipment to be used;
.. determine and/or change the facilities, methods, technology, means,
organi~ational structure and composition of the work force, and allocate
and assign work by which the City operations are to be conducted;
---_._----,----,,~
"...
AGCF MOU
PAGE 22
ARTICLE 45. MANAGEMENT RIGHTS (continued)
.. determine and/or change the number of locations, relocations, and types
of operations, processes, and materials to be used in carrying out all City.
functions, including, but not limited to, the right to contract for or
subcontract any work, labor, services, or operations of the City;
.. assign work to and schedule employees in accordance with requirements
as determined by the City and to establish and change work schedules
and assignments upon reasonable notice;
.. establish and modify productivity and performance programs and
standards;
.. discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable
law.
The AGCF recognizes that the City has, and will continue to retain whether exercised or
not, the unilateral and exclusive right to operate, administer, and manage its municipal
services and work force performing those services in all respects, subject to this
Memorandum of Understanding; provided, however, that the exercise of such rights
does not preclude employees or their representatives from conferring or raising
grievance about the practical consequences that decisions on these matters may have
on wages, hours, and other terms and conditions of employment. Nothing in this
Management Rights clause modifies the scope of representation defined on the
Meyers-Milias-Brown Act.
ARTICLE 46. GRIEVANCE PROCEDURE
Purpose:
A. This grievance procedure shall be the exclusive process to resolve
grievances as the term is defined herein below:
B. The purposes of this procedure are:
1. To resolve grievances informally at the lowest level; and
2. To provide an orderly procedure for reviewing and resolving
grievances promptly.
. ._'--~----
,
AGCF MOU
PAGE 23
ARTICLE 46. GRIEVANCE PROCEDURE (continued)
Definitions:
A. Grievance means "a complaint by an employee concerning the
interpretation or application of the provisions of this M.O.U. or of rules or
regulations governing personnel practices or conditions, which complaint
has not been resolved satisfactorily in an informal manner between the
employee and his/her immediate supervisor."
B. As used in this procedure, the term "immediate supervisor" means the
individual so designated by the Fire Chief who assigns, reviews, and
directs the work of an employee at the first level.
Time Limits:
Each party involved in a grievance shall act quickly so that the grievance may be
resolved promptly. Every effort should be made to complete action within the time limits
contained in the grievance procedure; however, with the written consent of all parties,
the tim~ limitation for any step maybe.extended.
STEP 1
The grievance initially shall be personally discussed between the employee and
his/her immediate supervisor. Within ten (10) days, the immediate supervisor
shall give his/her decision or response.
STEP 2
A. If the grievance is not informally resolved to the satisfaction of the grievant
in Step 1, a formal grievance may be initiated. A formal grievance must
be initiated no later than:
1. Thirty (30) days after the event of circumstances occasioning the
grievance; or
2. Within ten (10) calendar days of the Step 1 decision rendered in the
informal grievance procedure, whichever is later.
B. However, if the Step 1 informal grievance procedure is not initiated within
the period specified in subsection (1) above, the period in which to bring
the grievance shall not be extended by subsection (2) above.
^_.'---~
AGCF MOU
PAGE 24
ARTICLE 46. GRIEVANCE PROCEDURE (continued)
C. A Step 2 grievance shall be initiated in writing on a form prescribed by the
City and shall be filed with the person designated by the Fire Chief as the
first level of appeal. The employee may be represented by a
representative of his/her choice.
D. The grievant shall cite the specific provision(s) of the then currently !
effective Memorandum of Understanding, ordinance, resolution, or written
rule claimed to have been violated, set forth the facts that purportedly
constitute such violation, and the specific remedy sought.
E. Within ten (10) days after the initiation of the Step 2 grievance, the first
level of appeal person shall investigate the grievance and give his/her
decision in writing to the grievant.
STEP 3
A. If the grievant is not satisfied with the decision rendered pursuant to Step
2, he/she may appeal the decision within ten (10) days to the Fire Chief or
his/her designated representative. The employee may be represented by
a representative of his/her choice.
B. The Fire Chief or his designated representative shall respond in writing
within ten (10) days to the grievant. If the Fire Chief or his/her designated
representative determines it is desirable, he/she shall hold a conference(s)
or otherwise investigate the matter.
STEP 4
A. If the grievant is not satisfied with the decision rendered pursuant to Step
3, he/she may appeal the decision within ten (10) days to the City
Manager. The employee may be represented by a representative of
his/her choice.
B. The City Manager shall respond in writing within ten (10) working days to
the grievant. If the City Manager determines it is desirable, he/she shall
hold a conference(s) or otherwise investigate the matter.
STEP 5
A. If the grievant is not satisfied with the decision rendered pursuant to Step
4, he/she may, within ten (10) days, invoke the right to have the grievance
resolved through mediation utilizing the California State Mediation and
Conciliation Service.
~---~-
AGCF MOU
PAGE 25
ARTICLE 46. GRIEVANCE PROCEDURE (continued)
B. The AGCF representatives and the City Manager, or his/her
representative, shall meet to select a qualified, impartial mediator from the
list of five potential hearing officers provided by the State Mediation and
Conciliation Service. Each party shall alternately strike one name from the
list until one name remains.
C. The mediation shall be convened as soon as is possible after the notice;
and the decision of the mediator shall be final and binding on all
concerned parties.
D. Expenses shall be borne by the party incurring the expense.
ARTICLE 47. AGCF ACTIVITIES
A. The AGCF shall provide the Fire Chief and City Manager with a list of all
authorized AGCF representatives and the list sh~1I be kept current.
B. An employee and/or his/her AGCF representative may, when and to the
extent necessary, take official City time without loss of compensation in
order to participate in the investigation and processing of a grievance, as
provided for in this MOU, upon notification and approval of the immediate
supervisor or his/her designee.
C. The Fire Chief and City Manager will approve one employee and/or AGCF
representative to take official City time to investigate and process a
grievance, when and to the extent necessary, and only if it will in no event
adversely affect the operational, security, or sa~ety requirements of the
City. It is understood that the employee and/or AGCF representative shall
make every reasonable effort to perform any of the above activities o~ off-
duty time.
ARTICLE 48. AGCF ACCESS TO WORK LOCATIONS
A. The City agrees that the authorized AGCF representative shall be granted
access to work location(s) to participate in investigation and processing of
grievances per the grievance procedure of the MOU or to observe working
conditions, upon approval of the Fire Chief and City Manager, when to the
extent necessary.
B. The AGCF shall provide the Fire Chief and City Manager with a list of all
authorized AGCF representatives, and the group shall keep the list
current.
-- -.-.---
~-
AGCF MOU
PAGE 26
ARTICLE 48. AGCF ACCESS TO WORK LOCATIONS (continued)
C. Upon notification and approval of the City Manager or his/her designee, an
authorized AGCF staff member is permitted to communicate with the
employee(s) and/or AGCF representatives on official City time without
said employee(s) and/or AGCF representatives' loss of compensation. It
is not the intent of this section to allow general Association meetings on
City time but, rather, to allow investigation and discussion of working (
conditions, grievances, and safety issues.
D. It is understood that every reasonable effort shall be made to perform the
above activities on off-duty time.
ARTICLE 49. AGCF USE OF CITY FACILITIES
A. The AGCF may, with prior approval of the City Manager, be granted the
use of City facilities for meetings of Group members, provided space is
available. No use fee will be charges.
B. The City agrees to furnish bulletin board space of reasonable size for
posting of AGCF materials.
ARTICLE 50. AGCF MEET AND CONFER REPRESENTATION
Two (2) AGCF representatives shall constitute the maximum on duty number of
employees for meet and confer sessions with City representatives on City time during
representatives working hours for the purpose of meeting and conferring in good faith
without loss of payor any benefits.
ARTICLE 51. NO STRIKE/NO LOCKOUT
The Group agrees that during the term of the Memorandum of Understanding, neither
the Group nor the employees it represents will engage in, encourage, sanction, support,
or suggest any strikes. The employer agrees that it will not lockout any of its employees
during the term of this Memorandum of Understanding.
-,---_._--~-
.-
AGCF MOU
PAGE 27
ARTICLE 52. . NONDISCRIMINATION
The provisions of this Memorandum of Understanding shall be applied equally to all
'employees covered hereby without discrimination in accordance with state and federal
law.
Employees may elect to exercise their right to join and participate in the activities of the
AGCF for the purposes of representation in all matters of their working conditions and
employer-employee relations. The parties agree that there shall be no restraint,
coercion, or interference with any employee with respect to or because of the
employee's membership in said unit. The City and the AGCF agree that each employee
shall be treated equally, fairly, and with dignity and respect.
The AGCF and the City agree to support the Affirmative Action Program established by
the City and that there shall be no discrimination within their respective organizations
because of race, religion, creed, color, national origin, ancestry, disability (mental and
physical), medical condition, marital status, sex, age, sexual orientation, political belief,
or Union membership.
Any party alleging a violation of this article shall have the burden of providing the
existence of a discriminatory act or acts and/or proving that, but for such act or acts, the
alleged injury or damage to the grievant would not have occurred.
Discrimination complaints based on unit membership and/or activity shall continue to be
subject to the grievance procedure.
ARTICLE 53. M.O.U.IMPLEMENTATION
Both parties agree that the terms of this Memorandum of Understanding supersede
provisions of all other practices, Memorandum of Understanding, resolutions, and rules
of the City that conflict with provisions of this Agreement.
ARTICLE 54. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS
All benefits, terms and conditions of employment enjoyed by unit employees as of July
1, 2003, and any side letter agreements reached after that date, shall remain in full
force and effect unless modified by a subsequent Memorandum of Understanding or by
mutual agreement, in writing, of the parties.
ARTICLE 55. SAVINGS CLAUSE
Should any provision of this Agreement be held inoperative, void, or invalid by a Court
of competent jurisdiction, the remaining provisions of this Agreement shall not be
affected thereby, and the parties shall meet and confer for the sole purpose of arriving
at a mutually satisfactory replacement of such provision.
.----_.._--
-
AGCF MOU
PAGE 28
REPRESENTATIVES OF REPRESENTATIVES OF
CITY OF ARROYO GRANDE ARROYO GRANDE CAREER
FIREFIGHTERS
DATE: ~~/"'3 DATE: D'&/Zz/O? .
~~~~
CITY MANAGER
~7h~ ~L/~
DAN HERNANDEZ. ATRICK IREY
CITY NEGOTIATOR AGCF NEGOTIA . OR
J{~~
KAREN SISKO
CITY NEGOTIATOR
'~-----'--"._-
.-
CITY OF ARROYO GRANDE EXHIBIT "A"
SCHEDULE OF SALARY RANGES - AGCF
07/01/03 2.50% 2.50% 2.50% 2.50% 2.50%
RANGE A B C D E
31 3187 3346 3513 3689 3873
NEW 3267 3430 3601 3781 3970
32 3267 3430 3601 3781 3970
NEW 3349 3516 3691 3876 4069
33 3349 3516 3691 3876 4069
NEW 3433 3604 3783 3973 4171
34 3433 3604 3783 3973 4171
NEW 3519 3694 3878 4072 4275 FIRE ENGINEER
35 3519 3694 3878 4072 4275
NEW 3607 3786 3975 4174 4382
36 3607 3786 3975 4174 4382
NEW 3697 3881 4074 .4278 4492
37 3697 3881 4074 4278 4492
NEW 3789 3978 4176 4385 4604
38 3789 3978 4176 4385 4604
NEW 3884 4077 4280 4495 4719
39 3884 4077 4280 4495 4719
NEW 3981 4179 4387 4607 4837
40 3981 4179 4387 4607 4837
NEW 4081 4283 4497 4722 4958
41 4081 4283 4497 4722 4958
NEW 4183 4390 4609 4840 5082 FIRE CAPTAIN
42 4183 4390 4609 4840 5082
NEW 4288 4500 4724 4961 5209
43 4288 4500 4724 4961 5209
NEW 4395 4613 4842 5085 5339
44 4395 4613 4842 5085 5339
NEW 4505 4728 4963 5212 5472
- -- ----~---_.- ---"'._--...,._"---
-
CITY OF ARROYO GRANDE EXHIBIT "B"
SCHEDULE OF SALARY RANGES - AGCF
01/01/04 2.00% 2.00% 2.00% 2.00% 2.00%
RANGE A B C D E
31 3267 3430 3602 3782 3971
NEW 3332 3499 3674 3858 4050
32 3349 3516 3692 3877 4070
NEW 3416 3586 3766 3955 4151 t
I
33 3433 3604 3784 3974 4172
NEW 3502 3676 3860 4053 4255
34 3519 3694 3879 4073 4276
NEW 3589 3768 3957 4154 4362 FIRE ENGINEER
35 3607 3786 3976 4175 4383
NEW 3679 3862 4056 4259 4471
36 3697 3881 4075 4279 4493
NEW 3771 3959 .4157 4365 4583
37 3789 3978 4177 4386 4605
NEW 3865 4058 4261 4474 4697
38 3884 4077 4281 4496 4720
NEW 3962 4159 4367 4586 4814
39 3981 4179 4388 4608 4838
NEW 4061 4263 4476 4700 4935
40 4081 4283 4498 4723 4959
NEW 4163 4369 4588 4817 5058
41 4183 4390 4610 4841 5083
NEW 4267 4478 4702 4938 5185 FIRE CAPTAIN
42 4288 4500 4725 4962 5210
NEW 4374 4590 4820 5061 5314
43 4395 4613 4843 5086 5340
NEW 4483 4705 4940 5188 5447
44 4505 4728 4964 5213 5474
NEW 4595 4823 5063 5317 5583
_..._,--_._-_._--_.~- --"~--._-_._-
CITY OF ARROYO GRANDE EXHIBIT "C"
SCHEDULE OF SALARY RANGES - AGCF
07/01/04 2.50% 2.50% 2.50% 2.50% 2.50%
RANGE A 8 C 0 E
31 3332 3499 3674 3858 4051
NEW 3415 3586 3766 3954 4152
32 3415 3586 3766 3954 4152
NEW 3500 3676 3860 4053 4256
(
33 3500 3676 3860 4053 4256
NEW 3588 3768 3957' 4154 4362
34 3588 3768 3957 4154 4362
NEW 3678 3862 4056 4258 4471 FIRE ENGINEER
35 3678 3862 4056 4258 4471
NEW 3770 3959 4157 4364 4583
36 3770 3959 4157 4364 4583
NEW 3864 4058 4261 4473 4698'
37 3864 4058 4261 4473 4698
NEW 3961 4159 4368 4585 4815
38 3961 4159 4368 4585 4815
NEW 4060 4263 4477 4700 4935
39 4060 4263 4477 4700 4935
NEW 4162 4370 4589 4818 5058
40 4162 4370 4589 4818 5058
NEW 4266 4479 4704 4938 5184
41 4266 4479 4704 4938 5184
NEW 4373 4591 4822 5061 5314 FIRE CAPTAIN
42 4373 4591 4822 5061 5314
NEW 4482 4706 4943 5188 5447
43 4482 4706 4943 5188 5447
NEW 4594 4824 5067 5318 5583
44 4594 4824 5067 5318 5583
NEW 4709 4945 5194 5451 5723
_......_-._--~~.__.
---,-
CITY OF ARROYO GRANDE EXHIBIT "D"
SCHEDULE OF SALARY RANGES - AGCF
01/01/05 2.00% 2.00% 2.00% 2.00% 2.00%
RANGE A B C D E
31 3415 3586 3765 3953 4151
NEW 3483 3658' 3840 4032 4234
32 3500 3676 3859 4052 4255
NEW 3570 3750 3936 4133 4340 !
(
33 3588 3768 3955 4153 4361
NEW 3660 3843 4034 4236 4448
34 3678 3862 4054 4257 4470
NEW 3752 3939 4135 4342 4559 FIRE ENGINEER
35 3770 3959 4155 4363 4582
NEW 3845 4038 4238 4450 4674
36 3864 4058 4259 4472 4697
NEW 3941 4139 4344 4561' 4791
37 3961 4159 4365 4584 4,814
NEW 4040 4242 4452 4676 4910
38 4060 4263 4474 4699 4934
NEW 4141 4348 4563 4793 5033
39 4162 4370 4586 4816 5057
NEW 4245 4457 4678 4912 5158
40 4266 4479 4701 4936 5183
NEW 4351 4569 4795 5035 5287
41 4373 4591 4819 5059 5313
NEW 4460 4683 4915 5160 5419 FIRE CAPTAIN
42 4482 4706 4939 5185 5446
NEW 4572 4800 5038 5289 5555
43 4594 4824 5062 5315 5582
NEW 4686. 4920 5163 5421 5694
44 4709 4945 5189 5448 5722
NEW 4803 5044 5293 5557 5836
~,.._-------_._- -_..-._- T._.''''
--
CITY OF ARROYO GRANDE EXHIBIT "E"
SCHEDULE OF SALARY RANGES - AGCF
07/01/05 3.50% 3.50% 3.50% 3.50% 3.50%
RANGE A B C D E
31 3483 3657 3840 4032 4234
NEW 3605 3785 3974 4173 4382
32 3570 3748 3936 4133 4340
NEW 3695 3879 4074 4278 4492 !
\
33 3659 3842 4034 4236 4449
NEW 3787 3976 4175 4384 4605
34 3750 3938 4135 4342 4560
NEW 3881 4076 4280 4494 4720 FIRE ENGINEER
35 3844 4036 4238 4451 4674
NEW 3979 4177 4386 4607 4838
36 3940 4137 4344 4562 4791
NEW 4078 4282 4496" 4722 4959
37 4039 4240 4453 4676 4911
NEW 4180 4388 4609 4840 5083
38 4140 4346 4564 4793 5034
NEW 4285 4498 4724 4961 5210
39 4244 4455 4678 4913 5160
NEW 4393 4611 4842 5085 5341
40 4350 4566 4795 5036 5289
NEW 4502 4726 4963 5212 5474
41 4459 4680 4915 5162 5421
NEW 4615 4844 5087 5343 5611 FIRE CAPTAIN
42 4570 4797 5038 5291 5557
NEW 4730 4965 5214 5476 5751
43 4684 4917 5164 5423 5696
NEW 4848 5089 5345 5613 5895
44 4801 5040 5293 5559 5838
NEW 4969 5216 5478 5754 6042
-.----.--.
CITY OF ARROYO GRANDE EXHIBIT "F"
SCHEDULE OF SALARY RANGES - AGCF
07/01/06 3.50% 3.50% 3.50% 3.50% 3.50%
RANGE A B C D E
31 3605 3785 3974 4173 4382
NEW 3731 3917 4113 . 4319 4535
32 3695 3880 4073 4277 4492
NEW 3824 4016 4216 4427 4649
33 3787 3977 4175 4384 4604
NEW 3920 4116 4321 4537 4765
34 3882 4076 4279 4494 4719
NEW 4018 4219 4429 4651 4884 FIRE ENGINEER
35 3979 4178 4386 4606 4837
NEW 4118 4324 4540 4767 5006
36 4078 4282 4496 4721 4958
NEW 4221 4432 4653 4886 5132
37 4180 4389 4608 4839 5082
NEW 4326 4543 4769 5008 .5260
38 4285 4499 4723 4960 5209
NEW 4435 4656 4888 5134 5391
39 4392 4611 4841 5084 5339
NEW 4546 4772 5010 5262 5526
40 4502 4726 4962 5211 5472
NEW 4660 4891 5136 5393 5664
41 4615 4844 5086 5341 5609
NEW 4777 5014 5264 5528 5805 FIRE CAPTAIN
42 4730 4965 5213 5475 5749
NEW 4896 5139 5395 5667 5950
43 4848 5089 5343 5612 5893
NEW 5018 5267 5530 5808 6099
44 4969 5216 5477 5752 .6040
NEW 5143 5399 5669 5953 6251
------_.~~-----
8.g.
MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGER ~
SUBJECT: CONSIDERATION OF RESOLUTION ENDORSING THE
ACTIVITIES OF THE SOUTH COUNTY HEALTHCARE
ALLIANCE (SCHA)
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council approve the attached resolution endorsing
the activities of the South County Healthcare Alliance (SCHA).
FUNDING:
Approval of the resolution will not result in a cost impact to the City.
DISCUSSION:
Vista Associates, the current owner of the Arroyo Grande Community Hospital
(AGCH) is in the midst of bankruptcy, and the hospital will soon experience an
ownership change. A group of South County doctors and community leaders
have formed an alliance to address local healthcare problems and improve the
working environment at the hospital. The objectives of the SCHA are to influence
any new hospital owner to:
. Provide services that are responsive to community needs;
. Adequately capitalize operations to improve and enhance local healthcare
delivery;
. Commit on a long term basis to the Five Cities area; and
. Assure earnings generated in San Luis Obispo County be reinvested in
AGCH operations and equipment.
The City has been requested by the SCHA to approve the attached resolution
endorsing their activities. The County Board of Supervisors and other cities in
South County have also been approached. The purpose of the endorsements is
to increase the group's effectiveness in advocating the community's interests.
Attached is information provided by SCHA regarding their membership and
activities.
CITY COUNCIL
RESOLUTION ENDORSING SCHA
AUGUST 26, 2003
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the City Council's consideration:
- Approve the attached resolution endorsing the activities of the
SCHA;
- Modify and approve the resolution;
- Do not approve the resolution;
- Provide staff direction.
Attachments:
1. SCHA Fact Sheet
~- -~~'-~-'--""_'-_..-.'-
<.
SCHA
SOUTH COUNTY HEALTH CARE ALLIANCE
Issue Overview: Arroyo Grande Community Hospital is in the midst of bankruptcy and
resultant ownership change. Historic owners of the hospital have
used earnings from the hospital to finance endeavors in other areas
and lor satisfy corporate earnings expectations, leaving the hospital
under- capitalized and over burdened with debt.
Response: A large group of South County doctors, along with community leaders,
have formed an alliance to address local healthcare problems and
improve the working environment at Arroyo Grande Community
Hospital (AGCH). The South Coun~ Healthcare Alliance (SCHA),
composed of physicians, elected officials, emergency service
professionals, and concerned citizens intends to provide a strong local
voice for the hospital's futu~.
Action: Endorse the South County Healthcare Alliance's efforts to secure a
locally responsive owner of Arroyo Grande Community Hospital.
Secure government and private organizational endorsements of their
work and their subsequent recommendations.
Expertise: South County Healthcare Alliance participants are experts in their field
and uniquely qualified to make recommendations regarding hospital
ownership and operation:
. South County Healthcare Alliance Board of Directors:
0 Dr. Ernest Jones, President, Physician
. Immediate Past President of the AGCH Medical Staff
. Member of AGCH Medical Staff for 23 years
0 Mr. Nathan Alvarado, Vice President
. Branch Manager, National Brokerage Firm
. Active in AYSO, 5 Cities Youth Basketball, Little League
. EI Camino 4H, AG High School Band Boosters
. AG HIGH SCHOOL Facilities Advisory Committee
0 Dr. James Hawthorne, Secretary Treasurer, Physician
. Current President of the AGCH Medical Staff
. Member of AGCH Medical Staff for 25 years
0 Mr. Mike Lady, Arroyo Grande Business Owner
. Past Mayor of Arroyo Grande I AG City Council member
. Founding member and Board of Directors of local bank
. Past President of Kiwanis Club
. Two term President of Chamber of Commerce
o Mr. Terry Fibich, Fire Chief, City of Arroyo Grande
. Board of Directors of Boy Scouts of America
. Board of Directors and Past President of County
Emergency Medical Services Agency
. Board of Directors, California Fire Chief Association
~._------ ~_._..~
<
. South County Healthcare Alliance Participants and Advisors:
0 Mr. Katcho Achadjian,
. Member SLO Board of Supervisors
0 Dr. William Ashley, Physician
. Member of the AGCH Medical Staff for 23 years
. Long-term member of Board of Directors of County Medical
Society
0 Dr. Tom Ferro, Physician,
. AGCH Medical Staff
0 Dr. Larry Foreman, Physician
. Member of the AGCH Medical Staff for 17 years
0 Mr. Sam Helton
. President, AGCH Volunteers
0 Ms. Trudy Jarratt
. Chairperson, Arroyo Grande Community Hospital Foundation
. Chairperson, Clark Center Development Committee
. 2nd Vice President, SLO County League of Women Voters
. Co-President San Luis Obispo County Public Access TV, Inc.
0 Ms. Carol Keith, Registered Nurse
. Hospice Nurse
. Active community member
I
0 Dr. Peter Thom, Physician
. President-EJect of the AGCH Medical Staff
. Member of AGCH Medical Staff for 21 years
. Consultant:
0 Dr. Chad Chadwick
. Former CEO Arroyo Grande Community Hospital
. Former Administrator, French Hospital Medical Center and
Sierra Vista Regional Medical Center
Local Impact: For the safety of the residents and well being of the local economy, it is
essential that Arroyo Grande Community Hospital be operated in a
manner that ensures essential community services are maintained and
expanded in accordance with community growth. The new owner
must be committed to long-term ownership and re-investment of
earned capital back into hospital operations. Healthcare services
are central to a high living standard, and a preferred quality of life.
Local businesses depend upon quality healthcare to recruit employees.
For more infonnation contact:
Dr. Chad Chadwick, Chadwick and Associates
Phone: (805) 471-4987 Fax: (805) 7~75
E-mail: LKCHADWlCK@hobnail.com
..-.---..----"-- ~-_.__.~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE ENDORSING THE
ACTIVITIES OF THE SOUTH COUNTY
HEAL THCARE ALLIANCE ("SCHA")
WHEREAS, Arroyo Grande Community Hospital is a key element in the well
being of the citizens of Arroyo Grande; and
WHEREAS, the local economy depends heavily upon the existence of a high
quality locally responsive community hospital; and
WHEREAS, the City of Arroyo Grande desires ownership of Arroyo Grande
Community Hospital to be responsive to local needs; and
WHEREAS, the City of Arroyo Grande believes the South County Healthcare
Alliance is uniquely positioned to represent their interests regarding Hospital
ownership and other concerns.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Arroyo Grande hereby formally endorses the South County Healthcare Alliance's
activities, directions and conclusions regarding matters pertaining to hospital
ownership and delivery of services in the South County area.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of ,2003.
-.. --.--- -.."
RESOLUTION NO.
PAGE 2
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
--,--. --.- -----~- --~----_._..- --
I.h.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER r;hf
SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT FOR BRANCH MILL
ROAD OVERLAY PROJECT, PW 2003-03
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council:
A. award a construction contract for the Branch Mill Road Overlay Project to Papich
Construction in the amount of $199,758; and,
B. authorize the City Manager to approve change orders not to exceed the contingency
of $19,976 for use only if needed for unanticipated costs during the construction
phase of the project (total construction cdsts = $199,758 + $19,976 = $219,734);
and,
C. direct staff to issue the Notice of Award and Notice to Proceed with other necessary
contract documents.
FUNDING:
The FY 2003/04 Capital Improvement Program budget includes $231,300 for the
construction phase of the Branch Mill Road Overlay and Drainage Improvements project.
DISCUSSION:
On July 22, 2003, the City Council directed staff to solicit bids for the Branch Mill Road
Overlay capital improvement project. On August 19, 2003, six bids were publicly opened
for the project. The lowest responsive bidder, Papich Construction, submitted a bid of
$199,758. The bid has been verified and found to be in compliance with the contract
specifications with the exception of a minor calculation error in the bid total. The total bid
is adjusted from $197,998 to $199,758, accordingly.
--_.._~---
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT FOR BRANCH MILL ROAD
OVERLAY PROJECT, PW 2003-03
AUGUST 26, 2003
PAGE 2
The Branch Mill Road Overlay capital improvement project includes grinding of the existing
pavement and the placement of an asphalt concrete overlay between Huebner Lane and
the east City Limit near Newsom Springs Road. In addition, two catch basins will also be
installed to enchance the drainage capability in this area.
Due to the lack of shoulders, the project specifications require the contractor to close
Branch Mill Road between Huebner Lane and the east City limits near Newsom Springs
Road. The closures are limited to occur between 9:00 am and 4:00 pm and the local traffic
may access their properties via Huasna Road to the east. The roadway will be open
mornings, evenings, and weekends during peak commuter times. Detour signage will be
placed to direct traffic control around the closure. The detour signs will be covered when
the road is opened.
The contract time for this project is specified at 30 calendar days. Work is expected to
begin in mid September 2003 and be completed by mid October 2003.
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. Bid Opening Log Sheet
. BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: August 19, 2003; 3:00 p.m.
Branch Mill Road Project
BIDDER'S NAME, CITY TOTAL
Madonna Construction Company $212,592.20
San Luis Obispo
Papich Construction $197,998.00
Arroyo Grande
Union Asphalt $281,514.50
Santa Maria
Granite Construction $323,530.00
Santa Barbara
R. Burke Corporation $216,918.00
San Luis Obispo
Specialty Construction, Inc. $280,458.26
San Luis Obispo
.
~.
. .~ , / ~CUuiJ/LL--
Kelly et ore
Director of Administrative Services/Deputy City Clerk
c: Director of Public Works
City Manager
~---~._.._,_._--- J
- .
A TT ACHMENT 2
rrddyof~ r;~
Project Schedule
For
Branch Mill Road Overlay
(City Project No. PW-2003-09)
Authorization to Solicit Bids (at City Council meeting) ........................................................... July 22,2003
I st Notice to Bidders............. .... .......... ....................................................................................... July 25, 2003
2nd Notice to Bidders (min 5 days between publications) ...................................................... August 1, 2003
Pre-Bid Job Walk (Thursday, 2:00 p.m. at City Council Chambers) ..................................... August 7, 2003
Bid Opening (Tuesday, 2:00 p.m. City Council Chamber) .................................................. August 19, 2003
Award of Bid at City Council meeting................................................................................. August 26,2003
Notice of Award................................................................................................................... August 27, 2003
Notice to Proceed / Contract Start Date ..........................................................................September 15,2003
Contract Completion (30 calendar days) .............................................................................October 15,2003
jep:232.5650\Project Schedule 6.25.03.wpd
------ ...- u~.-I
8.1.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF AN AWARD OF CONTRACT FOR FIRE STATION
EXPANSION PROJECT, PW 2003-05
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council:
A. award a construction contract for the Fire Station Expansion Project to DJM/Borbon,
a Joint Venture, in the amount of $1 ,635,000; and,
B. authorize the City Manager to approve change orders not to exceed the contingency
of $163,500 for use only if needed for unanticipated costs during the construction
phase of the project (total construction costs = $1,635,000 + $163,500 =
$1,798,500); and,
C. direct staff to issue the Notice of Award and Notice to Proceed with other necessary
contract documents; and,
D. appropriate $323,000 from the General Obligation Bond Measure 0-02 and
$152,000 from the Fire Facilities Fund.
FUNDING:
A total of approximately $2,005,000 is available for funding of the Fire Station Expansion.
This includes $1 ,840,000 from the General Obligation Bond Measure 0-02 and $165,000
from the Fire Facilities Fund. The total project cost is $1,992,000 including construction,
contract administration and testing. The existing Capital Improvement Program includes
$1,517,000 for this project. An additional appropriation of $323,000 from the General
Obligation Bond Measure 0-02 and $152,000 from the Fire Facilities Fund is requested to
be transferred to provide for the total project costs.
DISCUSSION:
On July 22, 2003, the City Council directed staff to solicit bids for the Fire Station
Expansion Project. On August 19, 2003, four bids were publicly opened for the project.
The lowest responsive bidder, DJM/Borbon, a Joint Venture, submitted a bid of
$1,635,000. The bid has been verified and found to be in compliance with the contract
specifications.
CITY COUNCIL
CONSIDERATION OF AN AWARD OF CONTRACT FOR FIRE STATION EXPANSION
CAPITAL IMPROVEMENT PROJECT, PW 2003-05
AUGUST 26, 2003
PAGE 2
The bid schedule included five deductive bid alternates. This enables the City the flexibility
to deduct alternate(s) systematically to fit the contract price within the project budget
restraints. The five deductive alternates are; Bunk Room Wardrobe Lockers, Bunk Room
Clothes Road and .Shelf, Apparatus Bay Vehicle Exhaust System, Window Treatments,
and Replacement Overhead Door Operators. The City has adequate funds to award the
entire. base bid due to the favorable bid prices received.
The project scope of work expands the operations of the Fire Station and upgrades the
structure to current building codes. The main component of the scope of work involves the
construction of a second story addition, which will house the sleeping quarters, workout
and classroom facilities. Improvements to the lower floor include the construction of
medical clean-up facilities and the enhancement of the existing administrative, kitchen and
laundry areas. Construction of an additional vehicle bay will incorporate additional storage
and an upgraded vehicle exhaust system.
The contract time for this project is specified at 180 calendar days. Work is expected to
begin in mid September 2003 and be completed by March 2004.
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendations;
. Do not approve staff's recommendations;
. Modify as appropriate and approve staffs recommendations; or
. Provide direction to staff.
Attachments:
1. Bid Opening Log Sheet
"...
. BID OPENING LOG SHEET
CITY OF ARROYO GRANDE
BID OPENING: August 19, 2003; 3:00 p.m.
Branch Mill Road Project
BIDDER'S NAME, CITY TOTAL
Madonna Construction Company $212,592.20
San Luis Obispo
Papich Construction $197,998.00
Arroyo Grande
Union Asphalt $281,514.50
Santa Maria
Granite Construction $323,530.00
Santa Barbara
R. Burke Corporation $216,918.00
San Luis Obispo
Specialty Construction, Inc. $280,458.26
San Luis Obispo
~~C/MM--
Kelly et ore
Director of Administrative Services/Deputy City Clerk
c: Director of Public Works
City Manager
-~--,~
8.J.
MEMORANDUM
TO: CITY COUNCIL
~
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF APPROVAL OF PARCEL MAP AG 98- 083;
SUBDIVIDING ONE (1) PARCEL INTO THREE RESIDENTIAL
PARCELS; 1171 ASH STREET
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the Council approve Final Parcel Map AG 98-083, subdividing 0.54
acres into three (3) residential lots.
FUNDING:
There is no fiscal impact at this time.
DISCUSSION:
The City has received Final Parcel Map AG 98-083, owned by Billy D. Sutton, Sr. and
Kathleen M. Sutton. The subject parcel is located at) 1171 Ash Street, between South
Elm Street and Walnut Street. This map subdivides approximately 0.54 acres into three
(3) residential lots. This is consistent with the approved Tentative Parcel Map 98-083.
The current zoning for the property is CondominiumlTownhouse (MF).
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Modify as appropriate and approve staffs recommendation; or
. Provide direction to staff.
Attachment: Exhibit 1 - Vicinity Map
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8.k.
MEMORANDUM
TO: CITY COUNCIL
FROM: DON SPAGNOLO, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER ~
SUBJECT: CONSIDERATION OF ACCEPTANCE FOR THE SCENIC CREEKSIDE
WALK - PHASE III PROJECT, PW 2002-02
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the Council:
A. Accept the project improvements, as constructed by Maino Construction Company,
Inc., in accordance with the plans and specifications for the Scenic Creekside Walk
Phase III Project;
B. direct staff to file a Notice of Completion; and,
C. authorize release of the retention of $21 ,982.07, thirty-five (35) days after the Notice
of Completion has been recorded, if no liens have been filed.
FUNDING:
On June 11, 2002, the City Council awarded the Scenic Creekside Walk Phase III Project to
Maino Construction Company, Inc. in the amount of $280,704 and authorized a contingency
of $28,070 to be used for unanticipated costs during the construction phase of the project.
The total construction budget is $308,774.
DISCUSSION:
Maino Construction Company, Inc. completed construction of the Scenic Creekside Walk
Phase III Project on August 15, 2003. Staff has determined that the project is complete and
in accordance with the requirements of the plans and specifications. The final adjusted
contract amount is $292,885.70. The total budget for the project is $368,507 and, subject to
final cost accounting, the project is approximately $5,050 below the total project budget.
Staff is investigating the potential to utilize the budget savings for the installation of
additional lighting improvements.
Staff is recommending the release of the remaining portion of the 10% retention
($21,982.07), to Maino Construction Company, Inc. thirty-five (35) days after the Notice of
Completion has been recorded, if no liens are filed.
._._-"-~---------
CITY COUNCIL
CONSIDERATION OF ACCEPTANCE FOR THE
SCENIC CREEKSIDE WALK - PHASE III PROJECT, PW 2002-02
AUGUST 26, 2003
PAGE 2
ALTERNATIVES:
The following alternatives are provided for the Council's consideration:
. Approve staffs recommendation;
. Do not approve staffs recommendation;
. Modify as appropriate and approve staffs recommendation; or
. Provide direction to staff.
Attachment:
1. Notice of Completion
RECORDING REQUESTED BY
A,..l\ffi WHEN RECORDED RETURN TO;
CITY CLERK
GITY OF ARROYO GRANDE
P.O. BOX 550
ARROYO GRANDE, CA 93421
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT;
1. The undersigned is owner or agent of owner of the interest or estate stated below the property hereinafter describe.
2. The FULL NAME of the OWNER is: The City of Arroyo Grande
3. The FULL ADDRESS of the OWNER is: 214 East Branch Street. Arroyo Grande. California 93421
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: in fee
5. THE FULL NAME and FULL ADDRESS of ALL PERSONS, if any, who hold such interest or estate with the undersigned as JOINT
TENANTS or as TENANTS IN COMMON are:
NAMES ADDRESSES
None
6. THE FULL NAMES and FULL ADDRESSES of the PREDECESSOR'S in interest of the undersigned if the property was transferred
subsequent to the commencement of the work of improvements herein referred to;
NAMES ADDRESSES
None
7. All work of improvement on the property hereinafter described was COMPLETED August 15. 2003
8. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is:
9. The street address of said property is: None
10. The property on which said work of improvement was completed is in the City of Arroyo Grande, County of San Luis Obispo, State of
California, and is described as follows:
Scenic Creekside Walk - Phase III Project. PW 2002-02
Verification of NON- INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am
the Public Works Director of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I
know and understand the contents thereof, and the facts stated therein are true and correct.
Don Spagnolo, PE, Director of Public Works/City Engineer
August 18, 2003, Arroyo Grande, California
-- END OF DOCUMENT --
8.1.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO . I. ~
BY: TERESA MCCLISH, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF 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
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council adopt an 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 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:
On August 12, 2003, the Council introduced an Ordinance with modifications to amend the
Zoning Map concerning Village districts, and update Title 16 to address requirements for
mixed use districts and approval processes consistent with the 2001 General Plan update.
The proposal was previously discussed at the Planning Commission during five public
hearings.
The Council requested the following modifications to the proposed ordinance:
1. revise Section 16.16.120.C.3 to indicate a 300 foot radius for noticing Minor Use
Permits for Minor Exceptions - a 300 foot radius is required for noticing all minor
use permits;
2. revise Section 16.48.065.D.3 to indicate that the performance standard for mixed
use projects relating to hours of operation require a minor use permit (unless a
CUP is otherwise required) for a commercial component of a project planning to
operate outside the hours of 8:00AM to 6:00PM if located within 300 feet (instead
of 100 feet) of a residential unit, so that nearby residents can be notified;
S:\COMMUNITY _DEVELOPMENT\CITY _COUNCIL\2003\08-26-03\08-26-03 cc sr DCA 03-006.doc
-_._-,---_.__._~.
CITY COUNCIL
CONSIDERATION OF 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 26, 2003
PAGE 2 OF 2
3. revise Section Table 16.36.020-A and Table 16.36.020-B, No.8, to indicate that a
maximum height of 36 feet is allowable through the Minor Use Permit process
(instead of the Variance process).
The Zoning Map is proposed to be revised as shown in Exhibit 'A'. Exhibit 'B' contains
the proposed revisions to Title 16.
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 proposed amendment are determined less than significant.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Modify and adopt the ordinance;
- Direct staff to make revisions and continue item to a date certain;
- Do not adopt ordinance; or
- Provide direction to staff.
S:\COMMUNITY _DEVELOPMENT\CITY _ COUNCIL\2003\08-26-03\08-26-03 cc sr DCA 03-006.doc
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 Council 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
WHEREAS, the City Planning Commission held public hearings on August 20, 2002,
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 Council 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.
_.__".."MU_~__
--
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 impacts 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 Municipal 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.B., 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, 16.52.120.8., 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-A 1, 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 anyone 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 Administrative
Services/Deputy City Clerk. Within fifteen (15) days after adoption of the Ordinance, the
summary with the names of those City Council Members voting for and against the
Ordinance shall be published again, and the Director of Administrative Services/Deputy
City Clerk shall post a certified copy of the full text of such adopted Ordinance.
SECTION 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:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
, ITY ATTORNEY
-~."-_._-_._-,-- --------.-.--
EXHIBIT A
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EXHIBIT B
16.04.070.C. Definitions. '(Note to codifier; these definitions are being added to section
16.04.070. C.)
-A-
Accessory Retail: The retail sale of various products, or the provision of certain personal
services within a health care, hotel, office, or industrial complex, to employees or customers.
Examples of these uses include pharmacies, gift shops, and food service establishments within
hospitals; convenience stores and food service establishments within hotel, office and industrial
complexes; and barber and beauty shops within residential care facilities.
Adult Day Care: A day care facility providing care and supervision of adult clients.
Agricultural Products Processing: The processing of harvested crops to prepare them for on-
site marketing or processing and packaging elsewhere. Examples of this land use include the
following: alfalfa cubing, com shelling, cotton ginning, custom grist mills, custom milling of
flour, feed and grain, dairies (but not feedlots, see instead "Livestock Operations, Sales Yards,
Feedlots, Stockyards"), drying of com, rice, hay, fruits, and vegetables, grain cleaning and
custom grinding, hay baling and cubing, pre-cooling and packaging of fresh or farm-dried fruits
and vegetables, storing, grading and packing of fruits and vegetables, and tree nut hulling and
shelling.
Antique: Any article that because of its age, rarity or historical significance has a monetary
value greater than the original value; provided, that for the purpose of this code, the tenn
"antique" shall not include motor vehicles, industrial or farm equipment.
Alcoholic Beverage Sales: The retail sale of beer, wine, and/or distilled spirits for on-premise or
off-premise consumption.
Artisan Shop: A retail store selling art glass, ceramics, jewelry, paintings, sculpture, and other
handcrafted items, where the store includes an area for the crafting of the items being sold.
Artisan/Craft Product Manufacturing: Establishments manufacturing and/or assembling
small products primarily by hand, including jewelry, pottery and other ceramics, as well as small
glass and metal art and craft products.
Automated Teller Machine (ATM): Computerized, self-service machines used by banking
customers for financial transactions, including deposits, withdrawals and fund transfers, without
face-to-face contact with financial institution personnel. The machines may be located at or
within banks, or in other locations. Does not include drive-up ATMS; see "Drive-Through
Services. "
Automotive and Vehicle Services- Major Repair or Body Work: Repair facilities dealing
with entire vehicles. These establishments provide towing, collision repair, other bodywork, and
painting services.
--- ----~..---
,-
Automotive and Vehicle Services- minor Maintenance or Repair including Tire Services:
Minor Facilities that specialize in limited aspects of repair and maintenance, including vehicle
washing (e.g., muffler and radiator shops, quick-lube, etc.) and other minor services.
Automotive, Vehicle Parts Sales wI Installation Services: A store that sells new automobile
parts, tires, and accessories. May also include minor parts installation.
Automotive and Vehicle and Heavy Equipment Sales and Rental: A retail establishment
selling and/or renting automobiles, trucks, vans, heavy equipment, and motorcycles. May also
include repair shops and the sales of parts and accessories, incidental to vehicle dealerships. Also
includes mobile home, R V, boat, and heavy equipment sales and rentals. Does not include the
sale of auto parts/accessories separate from a vehicle dealership or businesses dealing
exclusively in used parts.
-B-
Bank and Financial Services: Financial institutions including: banks and trust companies,
credit agencies, holding (but not primarily operating) companies, lending and thrift institutions,
other investment companies, securities/commodity contract brokers and dealers, security and
commodity exchanges, vehicle finance (equity) leasing agencies. See also, "Automated Teller
Machine. "
BarlTavern/Night Club: A business where alcoholic beverages 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 beverages. May
also include beer brewing as part of a microbrewery ("brew-pub"), and other beverage tasting
facilities. Does not include adult-oriented businesses.
Building and Landscape Materials Sales: A retail establishment selling hardware, lumber and
other large building materials, plant materials, and other landscaping materials. Includes paint,
wallpaper, glass and fixtures. Includes all such stores selling to the general public, even if
contractor sales account for a major proportion of total sales. Establishments primarily selling
electrical, plumbing, heating and air conditioning equipment and supplies are classified under
"Wholesaling and Distribution".
-C-
Club, Lodge, Private Meeting Hall: Pennanent, headquarters-type and meeting facilities for
organizations operating on a membership basis for the promotion of the interests of the members,
including facilities for: business associations; civic, social and fraternal organizations; labor
unions and similar organizations; political organizations; professional membership organizations;
and other membership organizations. Includes grange halls and similar facilities.
Commercial Recreation Facility- Indoor: Establishments providing indoor amusements and
entertairunent services for a fee or admission charge, including: bowling alleys; coin-operated
amusement arcades; dance halls, clubs and ballrooms; electronic game arcades (video games,
pinball, etc.); ice skating and roller skating; pool and billiard rooms as primary uses.
-_._--._.~-- ---.-..------.----
-
Commercial Recreation Facility- Outdoor: A facility for various outdoor recreational
activities, where a fee is charged for use. Examples include: amusement and theme parks; go-cart
tracks; golf driving ranges; miniature golf courses; public swimming pools, water slides and
other water features.
Community Center: A multi-purpose meeting and recreational facility typically consisting of
one or more meeting or multi-purpose rooms, kitchen and/or outdoor barbecue facilities, that are
available for use by various groups for meetings, parties, receptions and dances.
Conference/Convention Facility: One or more structures where the primary use is to
accommodate multiple assembly, meeting, and/or exhibit rooms, and related support facilities
(such as kitchens and offices). .
Construction Contractors: Office, and indoor and/or outdoor storage facilities operated by, or
on behalf of, a contractor licensed by the State of California for storage of large equipment,
vehicles, and/or other materials commonly used in the contractor's type of business; storage of
scrap materials commonly used in the contractor's type of business; storage 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 neighborhood serving retail store of 3,500 square feet or less in gross
floor area, which carries a range of merchandise oriented to daily convenience shopping needs.
-D-
Drive-Through Sales or Services: A facility where food or other products may be purchased, or
where motorists may obtain services without leaving their vehicles. Examples of drive-through
sales facilities include fast-food restaurants and drive-through coffee, dairy product, photo stores,
phannacies, etc. Examples of drive-through service facilities include drive-through bank teller
windows, dry cleaners, etc., but do not include automated teller machines (ATMs), gas stations
or other vehicles services, which are separately defined.
-E-
Equestrian Facility: A commercial facility for horses, donkeys, and/or mules, examples of
which include horse ranches, boarding stables, riding schools and academies, horse exhibition
facilities (for shows or other competitive events), and barns, stables, corrals and paddocks
accessory and incidental to these uses. Does not include the simple pasturing of horses, donkeys,
and/or mules, which are included under "Animal Keeping."
Extended Hour Retail: Any business that is open to the public between the hours of 11 p.m.
and 6 a.m.
-F-
Farm Supply and Feed Store: A retail business selling supplies for use in soil preparation and
maintenance, the planting and harvesting of crops, the keeping and raising of fann animals, and
_.~-_.~--
other operations and processes pertaining to farming and ranching. Does not include the sale,
rental, or repair of farm machinery and equipment, which are included under "Construction and
Heavy Equipment Sales and Rental."
Farmers Market: A temporary outdoor gathering of individual retailers, primarily focused on
the sale of fresh produce, and also including other foods, beverages, flowers, handicrafts, art
objects, and other items.
FitnesslHealth Facility: A fitness center, gymnasium, day spa, health and athletic club, which
may include any of the following: sauna, spa or hot tub facilities; indoor tennis, handball,
racquetball, archery and shooting ranges and other indoor sports activities. Does not include
adult entertainment businesses.
Fuel Dealer: A retail trade establishment that sells fuel oil, butane, propane, and liquefied
petroleum gas (LPG), bottled or in bulk, to consumers.
Furniture/Fixtures Manufacturing, Cabinet Shop: Manufacturers producing: wood and metal
household furniture and appliances; bedsprings and mattresses; all types of office furniture and
partitions, shelving, lockers; and miscellaneous drapery hardware, window blinds and shades.
Includes furniture re-upholstering businesses, wood and cabinet shops, but not sawmills or
planing mills, which are included under "Manufacturing-Heavy."
-G-
Gas Station: A retail business selling gasoline and/or other motor vehicle fuels, and related
products. Where allowed by Article 2 (Community Design), a gas station may also include a
"Convenience Store," "Vehicle Services," and/or trailer rental (see "Auto and Vehicle Sales or
Rental").
General Retail: Stores and shops selling many lines of merchandise. Examples of these stores
and lines of merchandise include: antique stores; art galleries, retail; art supplies, including
framing services; auction rooms; bicycles; books, magazines, and newspapers; cameras and
photographic supplies; clothing, shoes, and accessories; collectibles (cards, coins, comics,
stamps, etc.); department stores; drug stores and pharmacies; dry goods; fabrics and sewing
supplies; florists and houseplant stores (indoor sales only); for outdoor sales see "Building and
Landscape Materials Sales"; hobby materials; jewelry; luggage and leather goods; musical
instruments, parts and accessories; orthopedic supplies; religious goods; small wares; specialty
shops; sporting goods and equipment; stationery; toys and games; variety stores.
Grocery Store: A retail business where the majority of the floor area open to the public is
occupied by food products packaged for preparation and consumption away from the store.
Industrial and Scientific Research and Development: A facility for scientific research, and the
design, development, and testing of electrical, electronic, magnetic, optical and computer and
telecommunications components in advance of product manufacturing, and the assembly of
related products from parts produced off-site, where the manufacturing 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 biotechnology research and development.
Does not include soils and other materials testing laboratories (see "Laboratory"), or medical
laboratories (see "Medical SeI'vice- Clinic, Laboratory, Urgent Care").
-L-
Laboratory- Medical, Analytical, Testing: A facility for testing, analysis, and/or research.
Examples of this use included medical labs, soils, materials testing labs, and forensic labs.
Library, Museum: Public or quasi-public facilities, examples of which include: aquariums,
arboretums, art galleries and exhibitions, botanical gardens, historic sites and exhibits, libraries,
museums, planetariums, and zoos. May also include accessory retail uses such as a giftlbook
shop and restaurant, etc.
Live/Work Unit: 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: complete kitchen space and sanitary facilities in compliance with the Building Code;
and working space reserved for and regularly used by one or more occupants ofthe unit.
Lodging- 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 higher density, more intensively developed use than campgrounds. May include accessory
retail and recreational uses where they are clearly incidental and intended to serve RV park
patrons only.
-M-
Maintenance Services- Client Site Services: Base facilities for various businesses that provide
services on the premises of their clients. Includes gardening, janitorial, pest control, water and
smoke damage recovery, and similar services; and appliance, computer, electronics, elevator
equipment, HV AC, instrument, electrical, heating/plumbing, and other maintenance and repair
services not operating from a retail establishment that sells the products being maintained or
repaired. When these services operate from a retail establishment that sells the products being
maintained or repaired, they are considered part of the retail use.
ManufacturinglProcessing- Heavy: A facility accommodating manufacturing processes that
involves and/or produces basic metals, building materials, chemicals, fabricated metals, paper
products, machinery, textiles, and/or transportation equipment, where the intensity and/or scale
of operations may cause significant impacts on surrounding land uses or the community. Heavy
manufacturing uses are not allowed within the City of Arroyo Grande except where limited
varieties are included under the definition of "Manufacturing- Intensive!' Examples of heavy
manufacturing include: chemical product manufacturing, concrete, gypsum, and plaster product
manufacturing, glass products, paving and roofing materials, petroleum refining and related
industries, plastics, other synthetics, and rubber products, primary metal industries, pulp and pulp
products, and textile and leather products.
~--~._-~,--_._--
^^-
ManufacturinglProcessing- Light: A facility accommodating manufacturing processes
involving and/or producing: apparel; food and beverage products; electronic, optical, and
instrumentation products; ice; jewelry; and musical instruments. Light manufacturing also
includes other establishments engaged in the assembly, fabrication, and conversion of already
processed raw materials into products, where the operational characteristics of the manufacturing
processes and the materials used are unlikely to cause significant impacts on surrounding land
uses or the community. Examples of light manufacturing uses include: clothing and fabric
products; electronics, equipment, and appliance products; food and beverage products; handcraft
industries, small scale manufacturing; paper products; and photo/film processing labs.
Medical- Hospital. Hospitals and similar facilities engaged primarily in providing diagnostic
services, and extensive medial treatment, including surgical and other hospital services. These
establishments have an organized medical staff, inpatient beds, and equipment and facilities to
provide complete health care. May include on-site accessory clinics and laboratories, accessory
retail uses and emergency heliports (see "Accessory Retail Uses").
Medical Services- Doctor Office: A facility other than a hospital where medical, dental, mental
health, surgical, and/or other personal health care services are provided on an outpatient basis,
and that accommodates no more than four licensed primary practitioners (for example,
chiropractors, medical doctors, psychiatrists, etc., other than nursing staff) within an individual
office suite. A facility with five or more licensed practitioners is instead classified under
"Medical Services- Clinic, Urgent Care." Counseling services by other than medical doctors or
psychiatrists are included under "Offices- Professiona1."
Medical Services - Clinic, Lab, Urgent Care: Facilities primarily engaged in furnishing out-
patient medical, mental heath, surgical, and other personal health services, but which are separate
from hospitals, including: health management organizations (HMO's); medical and dental
laboratories; medical, dental and psychiatric offices; out-patient care facilities; other allied health
services; counseling services by other than medical doctors or psychiatrists are included under
"offices. "
Mixed-Use Project: A project, which combines both commercial and residential uses, where the
residential component is typically located above or behind the commercial use.
Mobile Home, Boat, or RV Sales: Retail establishment selling mobile home dwelling units,
and/or various vehicles and watercraft for recreational uses. Includes the sales of boats, campers
and camper shells, jet skis, mobile homes, motor homes, and travel trailers.
Motel: For purposes of implementing this title, means the same as "hotel."
Multi-family housing: A dwelling unit that is part of a structure containing one or more other
dwelling units, or a non-residential use. An"example of the latter is a mixed use project where,
for example, one or more dwelling units are part of a structure that also contains one or more
commercial uses (retail, office, etc.). Multi-family dwellings include: duplexes, triplexes,
fourplexes (buildings under one ownership with two, three, or four dwelling units, respectively,
in the same structure); apartments (five or more units under one ownership in a single building);
_..^._-~
and Cityhouse development (three or more attached dwellings where no unit is located over
another unit).
-0-
Office- Accessory: Office facilities that are incidental and accessory 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 government agency or service facilities. Includes post offices, but not bulk
mailing distribution centers, which are under "Truck or Freight Tenninal."
Office- Processing: Office-type facilities characterized by high employee densities, and
occupied by businesses engaged in infonnation processing, and other computer-dependent and/or
telecommunications-based activities. Examples of these uses include: airline, lodging chain, and
rental car company reservation centers, computer software and hardware design and
development, consumer credit reporting, data processing services, health management
organization (HMO) offices where no medical services are provided, insurance claim processing,
mail order and electronic commerce transaction processing, telecommunications facility design
and management, and telemarketing.
Office-Professional: Office-type facilities occupied by businesses that provide professional
services and/or are engaged in the production of intellectual property. Examples of these uses
include: accounting, auditing and bookkeeping services, attorneys, commercial art and design
services, construction contractors (office facilities only), counseling services, court reporting
services, detective agencies and similar services, design services including architecture,
engineering, landscape architecture, urban planning, educational, scientific and research
organizations, financial management and investment counseling, literary and talent agencies,
management and public relations services, media postproduction services, news services,
photographers and photography studios, psychologists, secretarial, stenographic, word
processing and temporary clerical employee services, security and commodity brokers, and
writers and artists offices.
Outdoor Retail Sales and Activities: Pennanent outdoor sales and rental establishments not
classified under another land use definition where the business is not conducted entirely within a
structure.
Outdoor Retail Sales, Temporary: Temporary outdoor retail operations including: Christmas
trees, pumpkins or the sale of seasonal items; farmers' markets; semi-annual sales of
artIhandcrafted items in conjunction with community festivals or art shows; sidewalk or parking
lot sales longer than one weekend; retail sales from individual vehicles in temporary locations
outside the public right-of-way.
-P-
.---------.-.-
Park, Playground: Public parks, play lots, playgrounds, and athletic fields or courts providing
non-commercial facilities for active and/or passive recreation for neighborhood or community
use, including recreational coriununity gardening.
Personal Services: Establishments providing non-medical services to individuals as a primary
use. Examples of these uses include: barber and beauty shops, day spas, clothing rental, dry
cleaning pick-up stores with limited equipment, home electronics and small appliance repair,
laundromats (self-service laundries), locksmiths, massage (licensed, therapeutic, non-sexual), pet
grooming with no boarding, shoe repair shops, tailors, and tanning salons. These uses may also
include accessory retail sales of products related to the services provided.
Personal Services- Restricted Personal services that may tend to have a blighting and/or
deteriorating effect upon surrounding areas and which may need to be dispersed to minimize
their adverse impacts. Examples of these uses include: check cashing stores, fortune tellers, palm
and card readers, pawnshops, psychics, and hot tubs for hourly rental, and tattoo and body
piercing services.
Printing and Publishing: An establishment engaged in printing by letterpress, lithography,
gravure, screen, or electrostatic (xerographic) copying; and other establishments serving the
printing trade such as bookbinding, typesetting, engraving, photoengraving and electrotyping.
This use also includes establishments that publish newspapers, books and periodicals;
establishments manufacturing business fonns and binding devices. "Quick printing" services are
included under "Business Support Services."
Produce Stands: An accessory structure used for the display and sale of vegetables and other
produce grown on the site that it serves, with no space within for the customers.
Public Safety Facility: A facility operated by a public agency including fire stations, other fire
prevention and fire fighting facilities, police and sheriff substations and headquarters, including
interim incarceration facilities.
-R-
Recycling- Scrap and Dismantling Yard: Outdoor establishments primarily engaged in
assembling, breaking up, sorting, and the temporary storage and distribution of recyclable or
reusable scrap and waste materials, including auto wreckers engaged in dismantling automobiles
for scrap, and the incidental wholesale or retail sales of parts ftom those vehicles. Includes light
and heavy processing facilities for recycling. Does not include places where these activities are
conducted entirely within buildings; pawnshops, and other secondhand stores; the sale of
operative used cars; or landfills or other waste disposal sites.
Recycling- Small Collection Facility: A center where the public may donate, redeem or sell
recyclable materials, which may include the following, where allowed by the applicable zoning
district: reverse vending machines; or small collection facilities which occupy an area of 350
square feet or less and may include a mobile unit.
---~-~--
Religious Facility: A pennanent facility operated by a religious organization exclusively for
worship, or the promotion of religious activities, including accessory uses on the same site.
Examples of these types of' facilities include churches, mosques, synagogues, and temples.
Examples of allowable accessory uses on the same site include living quarters for ministers and
staff, facilities for child day car and religious instruction operated at the same time as religious
services (where authorized by the same type of a land use pennit required for the religious
facility itself). May also include fund-raising sales, bazaars, dinners, parties, or other indoor and
outdoor events on the same site. Other facilities maintained by religious organizations, including
full-time day care centers, full-time educational institutions, hospitals and other potentially
related operations (for example, a recreational camp) are defined in this chapter according to
their respective activities. Does not include the temporary use of an approved public assembly
facility (for example, a private meeting hall, community center, theater, or auditorium) by a
congregation for religious meetings, which is instead defined under the type of meeting facility
hosting the congregation.
Repair Service- Equipment, Large Appliances, etc: A service and facility where various types
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 equipment, which is included under "Personal Services", or
maintenance and repair activities that occur on the client's site, which are included under
"Maintenance Service-Client Site Services."
Repair Service- Equipment, Large Appliances, etc: A service and facility where various types
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 equipment, which is included under "Personal Services", or
maintenance and repair 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 providing
specialized education/training, facilities, institutions and conference centers that offer specialized
programs in personal growth and development, such as fitness, environmental awareness, arts,
communications, and management. Does not include pre-schools and child day care facilities
(see "Day Care"). See also the definition of "Studios-Art, Dance, Martial Arts, Music, etc." for
smaller-scale facilities offering specialized instruction.
Second Hand Store: A retail store that buys and sells used merchandise, including clothing,
furniture and household goods. Secondhand store does not include establishments that primarily
sell used jewelry, old coins, stamps, musical instruments, books, entertainment media and
collectibles, which are general retail.
Social Service Organization: A public or quasi-public establishment providing social and/or
rehabilitation services, serving persons with social or personal problems requiring special
--~--------
services, the handicapped, and the otherwise disadvantaged. Examples of this land use include:
counseling centers, welfare offices, job counseling and training centers, or vocational
rehabilitation agencies. Includes organizations soliciting funds to be used directly for these and
related services, and establishments engaged in community improvement and transitional
housing, or "Residential Care," which are separately defined.
Storage- Outdoor: An area not within a building that is proposed or used for the storage of
building materials, other supplies, equipment, or other materials, either as the primary use of a
parcel or as storage accessory to another use.
Storage- Personal Storage Facility: Structures containing generally small, individual,
compartmentalized stalls or lockers rented as individual storage spaces and characterized by low
parking demand.
-T-
Telecommunications Facility: Public and commercial electromagnetic and photoelectrical
transmission, broadcast, repeater and receiving stations for radio, television, telegraph,
telephone, data network, and wireless communications, including commercial earth stations for
satellite-based communications. Includes antennas, commercial satellite dish antennas, and
equipment buildings.
Theater! Auditorium: An indoor facility for public assembly and group entertainment, other
than sporting events. Examples of these facilities include: civic theaters, and facilities for "live
theater and concerts; movie theaters; and similar public assembly facilities.
-W-
Warehouse Retail: A retail store that emphasizes the packaging and sale of products in large
quantities or volumes, some at discounted prices, where products are typically displayed in their
original shipping containers. Sites and buildings are usually large and industrial in character.
Patrons may be required to pay membership fees.
Wholesaling and Distribution: An establishment engaged in selling merchandise to retailers; to
contractors, industrial, commercial, institutional, farm, or professional business users; to other
wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to
such persons or companies. Examples of these establishments include: agents, merchandise or
commodity brokers, and commission merchants; assemblers, buyers and associations engaged in
the cooperative marketing of farm products; merchant wholesalers; stores primarily selling
electrical, plumbing, heating and air conditioning supplies and equipment.
Winery: A manufacturing facility where wine grapes are crushed, fermented, aged, bottled, and
sold at wholesale as finished wine. May include tasting and accessory retail sales of wine
produced on site and gift 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
Zoning Map or Title 9 Amendment 300 feet 3
Specific Plan or SP Amendment 300 feet 3
Development Agreement 300 feet 3
Conditional Use Pennit 300 feet 2
Minor Use Pennits (MUP) 300 feet 2
Surface Mining Pennit 300 feet 2
Variance 300 feet 2
Vesting Tentative Map 300 feet 2
Tentative Map 300 feet 2
Lot Line Adjustment 300 feet 2
Lot Merger 300 feet 2
Reversion to Acreage 300 feet 2
Certificate of Compliance 300 feet 2
Planned Sign Program 300 feet 2
Planned Unit Dev. Pennit 300 feet 2
* Projects within an approved planned development require an additional set oflabels.
Alternatively, the applicant shall pay a fee established by City Council resolution and have the
City generate the required mailing labels.
_.._~--- - - -- -------~--_..
Table 16.12.030-B
Permits, Licenses and Approvals
.: Plffl~I(;
TYPE OF APPLICATION COMMENTS, DECISION-MAKING BODyl ~ARING
~:,'~' " \ REQUlREDz
. .
GP Amendment City Council Yes
Zoning Map or Title 16 Includes PD amendments City Council Yes
Amendment
Specific Plan Zoning amendment and City Council Yes
ARC may be required
Development Agreement City Council Yes
Conditional Use Permit Includes second dwelling Planning Commission Yes
review if deviating from
requirements 16.52.115.
ARC may be required
Variance Planning Commission Yes
Minor Use Pennit (MUP) For projects exempt from Community Development No
CEQA. ARC review may be Director, reported to the
required. Planning Commission on a
MUP for minor exceptions consent agenda.
include those necessary for
deviations from Standards in
Design Guidelines and
Standards for Historic
Districts
Surface Mining Permit Requires environmental Planning Commission Yes
review
Home Occupation Permit Community Development No
Director
Final Map City Council No
Lot Line Adjustment Planning commission No
Consent
Lot Merger Planning commission No
Consent
Reversion to Acreage Planning commission No
Consent
Certificate of Compliance Planning commission No
Consent
Business License Clearance Community Development No
Director
Planning Unit Development Processed concurrently with Planning Commission Yes
Permit a tentative map. ARC
required
Planned Sign Program ARC required Planning Commission Yes
consent
- -----~--- - ~
PUBLIC
TYPE OF APPLICATION COMMENTS DECISION-MAKING BODy1 HEARING
REOUlRED2
Administrative Sign Permit ARC may be required Community Development No
or Program 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.
_____,~~__,__>.__'..n__"'"._~._.. __"~ _,+_..~~._~_,___
16.12.150.B. Filin2 of Appeals.
1. Appeals shall be in writing on a fonn obtained 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 ofthe 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 planning commission on the consent agenda. .
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.B. Authoritv. Except for concurrent applications as provided for in Section
16.12.070, the planning commission is authorized to approve conditional use pennits, subject to
the appeal provisions of Section 16.12.150. Conditional use pennit applications involving new
construction or any changes to the exterior of an existing building shall be subject to the
architectural review procedures outlined in Section 16.12.190.
If the community development director detennines that all the following circumstances
exist regarding a development proposal, a conditional use pennit may not be required; and the
project shall be subject to minor use pennit 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
addition, or five hundred (500) square feet, whichever is less; and
2. The proposed use is the same or similar in character to the existing use, as
detennined by the community development director based on the
following use categories. Exceptions may be allowed if the community
development director detennines that the new use is less intensive than the
existing use; and
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 pennits. A public hearing pursuant to Section 16.12.160 of
this title shall be required.
- .... .............~" -._--.-._-..- -.'--~---'-~_._~'-. .-~.._--"",...,.---.,.-,..--..,..,.,,-......_--.........--- .....
16.16.060 Minor Use Permit.
A. When a Minor Use Pennit 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. Minor Use Pennit approval is required when a
development or use of land is listed in a particular zoning district as an allowable
use and the requirements listed in Section 16.16.050B are met. Minor Use Pennit
approval enables issuance of a building pennit under Title 15 of this code or the
establishment of a land use that does not require a building pennit but is still
subject to the standards of this title.
B. Authority. Except for concurrent applications as provided for in Section
16.12.070, the community development director is authorized to approve Minor
Use Pennits, subject to the appeal provisions of Section 16.12.150. Minor Use
. Pennits will be reported to the Planning Commission on a consent agenda for the
purposes of providing public notice. A public hearing is not required unless
appealed.
In addition to instances where the provisions of this title specifically require
minor use pennit review, applications that meet any of the following criteria shall
also require minor use pennit review:
1. Second Residential Units that deviate from the requirements listed in
16.52.150 (deviations from parking standards require CUP approval);
2. Projects in the historical character overlay district (D-2.4) consistent with
16.16.060.C.2. ofthis 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;
6. 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 a Minor
Use Pennit is specifically required by this title;
8. Residential construction projects of two to four dwelling units on one lot,
unless othetwise specified in this title.
C. Submittal and Review Requirements:
1. 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 drawings using a standard
engineer's scale (approval necessary 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:
1. 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,
11. 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,
111. 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,
V11. 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 standard engineers or
architect scale, for each story of each building or structure,
showing the following:
1. Location of walls, doors and windows,
11. Identification of activity areas,
111. Placement of window and door locations on floor plans in
coordination with the elevations;
e. Preliminary landscape plan prepared by a licensed landscape
architect 'or as approved by the parks and recreation director, if
found necessary the community development director. The number
of copies of such plans to be submitted shall be established by the
community development director. The community development
department may reqmre submission of amendments to an
application before, during or after its review period to reflect more
detailed information reasonably necessary 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, including the type of tree and diameter of the tree. At the
discretion of the Parks, Recreation and Facilities Director, an
arborist report may be required for any trees on the site which may
be affected by the proposal in order to determine whether the
proposal will damage 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:
1. Use. The existing or proposed, use and design of the
premises, building or structure, including areas to be
paved, graded, excavated, landscaped or otherwise
improved or disturbed; and
11. Value. The historic, cultural archaeological or
architectural resource value or significance of a building,
structure or site based upon research of historic archives,
archaeological and/or ethnographic data, photographs and
other documents; and
lll. Relationship to the district. The relationship of the
proposed use, activity, building or structure to the
historic, cultural, or architectural resources present in the
surrounding district.
. -~.--_._- ---
3. A sign pennit application may be required to be processed concurrently
with the Minor Use Pennit review for any use proposed to have signs.
4. An architectural review application may be required to be processed
concurrently with the Minor Use Pennit if modifications to the exterior of
a building are proposed.
5. After receipt of a completed application, the community development
director may approve a Minor Use Pennit application, when the proposed
project or use satisfies all applicable 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. Minor Use Pennit review may be approved only if all the
following findings of fact can be made in an affinnative manner:
1. The proposed project is consistent with the goals, objectives, policies and
programs ofthe Arroyo Grande general plan;
2. The proposed project confonns to applicable perfonnance 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 fonn or degrade the historic cultural,
architectural or archaeological resource values of the district.
2. The use proposed for a building, structure, or parcel of land shall be
compatible with the uses predominating in the designated area.
3. The development, demolitions, relocations, conversions are in keeping with
the architectural style and scale characterizing the period of history 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 applicable, the project meets the alternative building regulations
pursuant to part 8 of title 24 of the California Administrative Code, entitled
"The Historic Building Code." And the Secretary of the Interior's Standards
for Historic Preservation Projects.
F. Conditions of Approval. In approving a Minor Use Pennit, the community
development director 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 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 areas.
B. Authority. The community development director is authorized to approve minor use
permits for temporary uses, 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 Exception.
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 ofthis code.
B. Authority. The Community Development Director may grant minor use permits for minor
exceptions to ordinance requirements in accordance 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 Community Development Director is limited to granting minor exceptions for the
following:
1. 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 Community 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 main(enance 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 Community 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 Community Development 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 Community Development Director may waive
strict adherence to the parking 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 Design Guidelines and Standards
for Historic Districts pertaining to Design Overlay District 2.4.
7. Minor Items. A minor exception may be considered for other minor
development regulations. If the minor development regulation is not listed
above, the plarming 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 plarming 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 Community
Development Director.
2. Upon acceptance of a minor use permit for a minor exception application,
the Community Development Director shall review the request for
compliance with the provisions of this title. The 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 three hundred (300) 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 Community Development Director shall make all the following findings
prior to approving an application for a minor exception:
____..._n __ "_____'___'___'n _
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 pennit 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 welfare, or materially injurious to properties
or improvements in the vicinity;
5. That the granting of a minor use pennit 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.
A. Purpose and Intent. It is the intent of the city, by requiring minor use pennits for the
viewshed review process, to preserve the existing scope and character 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 Community Development Director is authorized to approve minor use
pennits for viewshed review, 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
pennit.
1. Areas Zoned RR, RS, SF and MF. No second-story addition shall be
erected or enlarged on any single-family home within the PD, PS, SF and
MF districts until a minor use pennit for viewshed review is obtained, in
accordance with the procedure set forth in this section.
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
enlarged on any lot that lies within the RR, RS, SF or MF districts that
have a -D overlay regulating height until a minor use pennit for viewshed
review is obtained, in accordance with the procedure set forth in this
section.
3. Areas Zoned PD. The viewshed review 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.
-~_._.....,.
-
D. Submittal and Review Requirements.
1. An application for a minor use pennit for viewshed review shall be filed with the
Community Development Director and shall be accompanied by the following:
a. Completed planning application fonn 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:
1. Five blueprints ofthe 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
trees over three inches in diameter;
c. Building height and elevation data for the proposed structure or
addition and for existing structures on adjacent and surrounding
properties;
d. Photographs of project site and surrounding views;
e. At the discretion of the Community Development 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 detennining the application IS complete, the 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 Community Development Director shall mail to property
owners within three hundred (300) feet of the project a notice of
intent to construct an addition or structure that includes the project
~-._-,....._-_.
0_
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 Community Development Director may
approve the mmor use permit for viewshed reVIew. The
Community Development Director shall also keep the planning
commission informed of submitted applications for minor use
permits for viewshed reviews.
b. Prior to approving or denying an application, the Community
Development Director may solicit the 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 Community Development Director shall review the request for
compliance with the provisions of this title. The Community 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 Community Development Director shall notify
the applicant in writing ofthe decision.
5. If, after considering the available information, the Community
Development Director is unable to reach the findings of fact set forth
above, the application shall be referred to the architectural review
committee for a recommendation. If findings still cannot be made in an
affirmative manner, the project shall be scheduled for a public hearing
before the Planning 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 three hundred (300) 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 approved by the Community Development Director and
how any objections were resolved.
7. The decision of the Community Development Director or planning
commission shall be filed with the city clerk, public works department,
and building department.
E. Required Findings. The Community Development Director or planning
commission may approve an application for a minor use permit for viewshed
review only if all of the following findings of fact can 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 ofpennitting
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 pennit for a viewshed review, the
Community Development 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.
",-,_,___~"",__,"'_'T",..r"',_,,_"_''''~_'_~'~'____'-'-'''''__~"'_""_~_~~_'_"'~''''''-'''~~''''_''''-''~_''''''~
16.16.190 Minor Use Permit -Lare:e Familv/ Adult Dav Care.
A. Purpose and Intent. The minor use pennit for large family/adult day cares 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 use
pennit 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 pennit for
large family or adult day care 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 pennit 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 fonn and required fee and
attachments (see also Section 16.12.030);
b. Five copies of a plot plan drawn to a standard 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:
1. 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,
11. Location and dimensions of passenger loading/unloading
areas,
lll. Location and dimensions of existing or proposed on-site
parking facilities,
IV. Location, height, materials and colors of all existing and
proposed walls,
v. Location and description of any outdoor play areas;
-
2. Upon acceptance of a minor use permit application for a large family or
adult day care, 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 than 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 three
hundred (300) 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 minor use permit application for a large family or adult day
care:
1. 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.
-_.'-~'''''~~----'_.-..''''. _._~-_..~~..~..__ __~.........._...c.._.,._.,..._.'.....~~_-__.,
16.16.210 Minor Use Permit - Architectural Review.
A. Purpose and Int~nt. 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, spectacular 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 harmonious transitions in both the scale and
character of development between adjacent land uses;
3. That site access and circulation thereon is safe and convenient for pedestrians,
bicyclists and vehicles;
4. That sensitive areas, structures and sites as defined in this section, are designed
with respect to notable features ofthe project site;
5. That building, site and architectural design is accomplished in an energy 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 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 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;
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 attached or are
located on the same site, and to ensure visual harmony between signs and
surrounding developments;
10. That excessive and unsightly grading of hillsides does not occur, and to ensure the
preservation of the character of natural landforms and existing vegetation where
feasible;
11. That excellence in architectural design is maintained in order to enhance the
visual environment of the city and to protect the economic value of existing
structures;
12. That historically significant structures and sites are developed in a manner
consistent with their historic values;
13. That the public health, safety, convenience, comfort, prosperity, and general
welfare are 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.
1.'he 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.
D. Findings. The planning commission, city council, or community development director,
where authorized, may approve a minor use permit for architectural review only if all of
the following findings of fact can be made in an affirmative manner:
1. The proposal is consistent with the architectural guidelines of the city, or
guidelines prepared for the area in which the project is located;
2. The proposal is consistent with the text and maps of the Arroyo 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
proj ect;
4. The general appearance of the proposal is in keeping with the character of the
neighborhood;
5. The proposal is not detrimental to the orderly and hannonious development of the
city;
6. The proposal will not impair the desirability of investment or occupation in the
neighborhood.
.-.......-. ~._.~-_.-.....~_. ..,......"~_.._.----.,..,,.- '._"'~" -. ..,...._.,~~._. ,- -'.- .y-....-
16.24.010 Created.
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:
1. General agricultural (AG) district;
2. Agricultural preserve (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;
6. Village residential (VR);
7. Condominium townhouse (MF) district;
8. Multifamily apartment (MFA) district;
9. Senior housing (SR) district;
10. Mobilehome park (MHP) district.
C. Commercial and Mixed Use Districts:
1. General commercial (GC) district;
2. Village Core Downtown (VCD) district;
3. Village Mixed Use District (VMU) district;
4. Office professional (0) district;
5. Highway commercial (HC) district.
D. Industrial Districts:
1. Industrial (1) district.
E. Special Districts:
1. Planned development (PD) district;
2. Specific plan (SP) district; .
3. Public/quasi-public (PF) district;
4. Flood damage prevention (FH) overlay district;
5. Design development (D) overlay district.
," -----~._~,,--~_...-
-
06.24.020 Adoption of Zonin!! 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 referred to as the "zoning map." The zoning map, together with all legends, notations,
references, boundaries, and other infonnation thereon, is incorporated into this title by reference.
The official current zoning map shall be kept on file with the Director of Administrative
Services and Community Development Director 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 zoning map. The Director of Administrative
Services shall be responsible for keeping official records relative to zoning map amendments.
16.24.030 Determination of Zonin!! 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 detennining the boundaries of any district on the
zomng 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 detennined by the Community 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.
__.__~_~".__..___...,._._._.__.___...-~-..___~._,_,..,____..."_~_.-r
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, 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 included in the
zoning regulations to achieve the following puzposes:
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 amount of land
around them; and
E. Promote high standards of site planning, archite,cture and landscape design for
office and commercial developments within the city.
F. Promote compact community design to enhance safety and reduce auto travel by
providing shopping services, jobs and housing in proximity.
16.36.020 Commercial and Mixed Use Development Districts and Site Development
Standards.
A. General Commercial (GC) District. The primary puzpose of the general commercial (GC)
district is to provide for the general shopping needs of area re~idents 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,
restaurants, and home improvement centers. See Table 16.36.030-A for more inform~tion
for allowable uses and Table 16.36.020-C for minimum site development standards for
commercial development within commercial districts.
B. Village Core Downtown (VCD) District. The primary purpose of the VCD district is to
provide for a combination of commercial, office, upper-story residential uses and
compatible related development to promote pedestrian use and enjoyment of the
downtown Village area. Regulations for the VCD district combined with the' Historic
Character Overlay district, promote and preserve older architectural styles compatible
with the historical, small-town nature of Arroyo Grande. Typical uses may include, but
are not limited to, second-story residential and office, specialty retail and studios such as
art galleries, book-stores, antique stores, flower shops, personal services, small markets
and restaurants (without 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-I for allowable uses and Table 16.36.020-A for minimum site development
standards
-'-'--'
-
1. Maximum Densi Table 16.36.020-A Villa e Core Downtown
Mixed.Use Pro.ects 15 dwellin units er ross acre
2. Minimum Lot Size 2,500 s uare feet
3. Minimum Lot Width 25 feet
4. Front Yard Setback o - 15 feet. Structures typically built at
back of sidewalk. Exceptions include
entrance courtyards and areas for outdoor
din~ng determined through discretionary
review.
5. Rear Yard Setback 0 15 feet
6. Side Yard Setback o feet
7. Street Side Yard Setback 0 15 feet
8. Building Size Limits Maximum height is 30 feet or three stories,
whichever is less; a maximum of 36 feet is
allowable through the MUP process.
Maximum Building Size is 20,000 square
feet.
9. Site Coverage Maximum coverage of site that may be
covered by structures and pavement is
100%.
Maximum Floor Area Ratio is 2.
Floor Area Ratio of 2
10. Site Design See Design -Guidelines and Standards for
Historic Districts
11. Off-Street Parking and Loading See Parking and Business Improvement
District Plan in Section 16.56.020
12. Signs See Section 16.60 and Design Guidelines
and Standards for Historic Districts
C. Village Mixed Use (VMU) District. The primary purpose of the VMU district is to
provide for a mixture of commercial, office and residential uses compatible with
surrounding residential districts, in small-scale pedestrian-oriented developments.
Regulations for the VMU district combined with the Historic Character Overlay district
promote and preserve older architectural styles, and encourage a hannonious
intermingling of other structures. This district encourages use of existing residential
buildings for non-residential uses. Typical uses may include single and multiple family
residential, specialty retail sales, professional offices, personal services and neighborhood
markets. See Table 16.36.030-A-l for allowable uses and Table 16.36.020-B for
minimum site development standards.
Table 16.36.020-8 Villa
1. Maximum Densi Mixed Use Pro'ects r ross acre
2. Minimum Lot Size
3. Minimum Lot Width
4. Front Yard Setback
5. Rear Yard Setback
6. Side Yard Setback o feet unless a project is mixed use and/or
abuts a residential district, then 5 feet is
required for single story structures and 110
feet is required, on one side, for a multiple
stories.
7. Street Side Yard Setback 0-15 feet.
8. Building Size Limits Maximum height is 30 feet or three stories,
whichever is less; a maximum of 36 feet is
allowable through the MUP process.
Maximum Building Size is 10,000 square
feet.
9. Site Coverage Maximum coverage of site that may be
covered by structures and pavement is
100%.
Maximum Floor Area Ratio is 1.
Floor Area Ratio oU
2 STORIES
9. Site Design See Design Guidelines and Standards for
Historic Districts.
10. Off-Street Parking and Loading See Parking VMU and HCO combining
district in Section 16.56.020.C.
11. Signs See Section 16.60 and Design Guidelines
and Standards for Historic Districts.
. '---.,------ ----'.'.".._----.
D. Office Professional (0) District. The primary purpose of the office professional (0)
district is to provide areas for the establishment 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. 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 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.
--..-..-.-,---.-...-
..""
03 03 03
15 15 15
03 03 03
45% 45% 45%
0.5 0.5 0.5
30 or2 30 or2 30 or2
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
Notes to Table 16.36.020-C:
a Larger setbacks may be required based on special requirements listed in Section 16.36.020.H.,
surrounding development, or building code regulations.
b. No new structure, expansion of an existing structure to an adjacent structure or modification of
an existing structure shall be permitted nor shall any business license or other permit be issued or
renewed, that would allow the creation of a retail store or business with a total space occupying
more than one hundred two thousand five hundred (102,500) square feet in the GC, HC, and OP
districts.
F. Historic Character Overlay (HCO) District. The primary purpose of the historic character
overlay (HCO) district is to identify, promote, preserve 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, and/or architectural component of projects.
The historic character overlay district implements and is consistent with the village core
land use category of the general plan.
G. General Requirements.
1. The creation of new lots within mixed use or commercial districts following the
date of adoption of this title shall confonn to the minimum dimensions, except in
the case of condominium lots or individual lots within a shopping center, in which
case minimums shall be established by Conditional Use Pennit and/or subdivision
map approval provided:
a. A conceptual development plan for the entire center has been approved
pursuant to the provisions of this title;
b. Appropnate easements for reciprocal access, parking and maintenance are
recorded, and maintained.
H. Special Requirements Mixed Use and Commercial districts.
1. Unless specified differently in section 16.36.020, wherever a lot in any mixed use
or commercial district abuts a lot in any residential district, a minimum building
setback of twenty (20) feet measured from the property line shall be required for
proposed commercial use. A minimum of ten (10) feet of this setback area shall
be landscaped; the remaining area may be used for required off-~treet parking.
2. Unless specified differently in section 16.36.020, in any mixed use or commercial
district, a two-story addition closer than fifty (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, ot combination wall/berm three feet in height shall
be erected within the required landscape area to screen the parking areas.
4. In all mixed use or commercial districts, required front and street side building
setback areas shall be landscaped. The landscaping shall consist predominantly of
plant materials except for necessary walks and drives. A minimum landscaped
area five (5) feet in depth shall be provided between the property line and the off-
street parking area, with additional landscaped area between the parking area and
the building, unless otherwise approved by Minor Use Permit.
5. A street side building setback area shall be used only for landscaping, pedestrian
walkways, or driveways. Required rear and interior side building setback areas
shall be used only for landscaping, pedestrian walkways, or driveways, unless
otherwise approved by Minor Use Permit.
16.36.030 Commercial and Mixed Use Reeulations.
A. Permitted uses within commercial districts in the city are identified in Table 16.36.030-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 following table is an interim summary until existing GG, 0 and HG districts
are amended to incorporate mixed use and other clarifications/changes.
Legend
P/PP/C These may be permitted (P), permitted with minor 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
0 Office Professional
HC Highway Commercial
Table 16.36.030-A
, ~ '.. '. v ?:: ::" -, "tc:
~""",~~~"",",,-~__~1.J~ ~~~"->~'--=~dJ~~~_~.,""",I>-..~~~~v~~___~......~,", ... -:....<..:....L..._.
A. Professional Office and Related Uses
1. Administrative and executive offices P/PP/C 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
supplies
3. Artist and photographic studios, including P/PP/C NP NP
the sale of eauipment or supplies
4. Clerical and professional offices P/PP/C P/PP/C P/PP/C
5. Financial services and institutions P/PP/C P/PP/C P/PP/C
6. Medical, dental, and related health P/PP/C P/PP/G NP
services for humans, including
laboratories, clinics, and the sale of
articles clearly incidental to the services
provided
7. Political or philanthropic organization P/PP/C P/PP/C P/PP/C
headauarters
8. Prescription pharmacies, when located P/PP/C P/PP/C NP
within a building containing the offices of
medical practitioners
9. Travel aQencies P/PP/C P/PP/C P/PP/C
10. TeleQraph and telearam offices P/PP/C P/PP/C NP
B. Industrial/Research and Development
U,ses
1. Materials dealers P/PP/C NP NP
2. Newspacer crintina and cublishinQ P/PP/C NP NP
3. Recycling facilities, including reverse PP NP PP
vendina machines and small collection
---------.-
~C".':li c:) ~
" . ".. .'. .,',_.~ .1.. . ...,..,;';'. " ",,,,,~:':~,,,.,"' .
facilities..
4. Sign painting shops within' a PIP PIC NP NP
completely enclosed buildina
C. Commercial Uses
1. Adult businesses C NP C
2. Ambulance service PIP PIC PIP PIC PIP PIC
3. AntiQue shops PIP PIC NP P/PP/C
4. Apparel stores (sales) P/PP/C NP NP
5. Art galleries; music studios; and art, PIP PIC PIP PIC NP
music, and photoQraphic .supplv stores
6. Appliance stores and reeair PIP PIC NP NP
7. Arcades.. PIP PIC NP NP
8. Bakeries (retail only) PIP PIC NP NP
9. Barber and beauty shops PIP PIC NP NP
10. Bicycle shoes (nonmotorized) PIP PIC NP NP
11. Blueprint, photocopy, and offset printing PIP PIC PIP PIC NP
services
12. Book, aift and stationarv stores PIP PIC PIP PIC NP
13. Candy stores and confectioneries PIP PIC NP NP
14. CaterinQ establishments PIP PIC PIP PIC NP
15. Cleanina and eressina establishments PIP PIC NP NP
16. Dairv eroducts stores PIP PIC NP NP
17. Department stores P/PP/C NP PIP PIC
18. Drug stores and pharmacies not within a PIP PIC P/PP/C NP
building containing the offices of medical
practitioners
19. Electronic eQuipment sales and service PIP PIC NP P/PP/C
20. Feed and tack stores PIP PIC NP NP
21. Floral shops PIP PIC PIP PIC NP
22. Food stores and sueermarkets P/PP/C NP PIP PIC
23. Furniture stores, reeair and ueholstery PIP PIC NP NP
24. General retail stores P/PP/C NP NP
25. Hardware stores PIP PIC NP NP
26. Hobby shoes PIP PIC NP NP
27. Home imerovement stores (indoor) : PIP PIC NP P/PP/C
28. Home improvement stores (outdoor) PIP PIC NP PIP PIC
29. Janitorial services and sueelies P/PP/C NP NP
30. Jewelrv stores PIP PIC NP NP
31. Kiosks (e.g., parking lot film PIP PIC NP PIP PIC
processina and kev shoes)
32. Laundry pick-up and delivery agencies; PIP PIC NP PIP PIC
self-service laundries
33. Liauor stores PIP PIC NP NP
34. Locksmith shops PIP PIC NP PIP PIC
35. Newspaper and maQazine stores PIP PIC PIP PIC NP
.'-------------
- ~:~ll;",tm~GC_
~ , . ;w'O ,
, '
<,. .. '-,
"'0 . ," ,',"',_,_,,_<" "'<,',~_, 'if, ~,',.'" .'w
36. Nurseries and garden supply stores P/PP/c 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 P/PP/c NP
equipment stores
38. Pet shops P/PP/C NP NP
39. PlumbinQ shops and supplies P/PP/C NP NP
40. Second hand stores P/PP/c NP NP
41. ShoppinQ centers P/PP/c NP P/PP/C
42. Shoe repair P/PP/C NP NP
43. SportinQ Qoods stores P/PP/c NP P/PP/C
44. Stamp and coin shops P/PP/C NP NP
45. Swimming pool and spas sales and P/PP/C NP NP
supplies
46. Tailor shops P/PP/C NP NP
47. Taxidermists P/PP/C P/PP/c P/PP/C
48. Toy stores P/PP/C NP NP
49. Variety stores P/PP/C NP P/PP/C
D. Restaurants Other than Fast Foods
1. a. With entertainment and/or serving P/PP/C P/PP/c P/PP/c
alcoholic beverages
b. Without entertainment and/or serving P/PP/C P/PP/C P/PP/C
alcoholic beverages
E. Fast Food Restaurants..
1. With drive-thru window P/PP/C NP P/PP/C
2. Without drive-thru window P/PP/c P/PP/C P/PP/c
F. Cocktail Lounge P/PP/C P/PP/c P/PP/c
G. Hospital Uses
1. Hospitals includinQ convalescent hospitals NP P/PP/C NP
2. Veterinary offices and animal hospitals, P/PP/C P/PP/c NP
including exterior kennels, pens,orruns
3. Veterinary offices and animal hospitals, P/PP/C P/PP/C NP
excluding exterior kennels, pens,orruns
H. Vehicle Sales
1. Automobile and IiQht truck sales** NP NP P/PP/C
2. Automobile rental agencies (excluding NP' NP P/PP/C
outdoor storage of vehicles not for
onsite rental)**
3. Bicycle shops (motorized) NP NP P/PP/C
4. Boat and camper sales and service NP NP P/PP/C
5. Motorcycle shops (sales and service) NP NP P/PP/C
I. Auto-Related Repair and Service
1. Automobile and liQht truck repair** NP NP P/PP/C
2. Automobile service station**
a. With mini-market NP NP P/PP/C
b. Without mini-market NP NP P/PP/C
. _.~----- ._--_.".,.~-_.
$e' ,
".'~." ..,~',\- -,~~".
3. Automotive washing (mechanical or
self-service .
4. Tire sales and service NP NP P/PP/C
J. Hotel/Motel
1. Bed and breakfast inns P/PP/C P/PP/C P/PP/C
2. Hotels and motels (subject a maximum P/PP/C NP P/PP/C
densi 40 uest rooms er acre
K. Unclassified Uses
1. Athletic and health clubs P/PP/C P/PP/C NP
2. Commercial recreation facilities P/PP/C P/PP/C P/PP/C
3. Commercial recreation facilities P/PP/C NP P/PP/C
outdoor **
4. Mortuaries and cemeteries P/PP/C NP P/PP/C
5. Mini stora e for ublic use P/PP/C NP P/PP/C
6. Surface arkin facilities commercial ** PP PP PP
7. Recreational vehicle ark NP NP P/PP/C
8. Theaters, including both motion picture P/PP/C NP P/PP/C
and live erformin arts
9. Trans ortation facilities P/PP/C P/PP/C P/PP/C
L. Public/Quasi-Public Uses
1. Churches P/PP/C P/PP/C NP
2. Clubs, lod es, fraternities and sororities P/PP/C P/PP/C NP
3. Day nurseries, nursery schools, and P/PP/C P/PP/C NP
child care facilities
4. Educational institutions (including P/PP/C 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/PP/C P/PP/C
7. Public libraries and museums P/PP/C P/PP/C P/PP/C
8. Public utilities and pLlblic service P/PP/C P/PP/C P/PP/C
substations, reservoirs, pumping plants, and
similar installations, not including public
utili offices
M. Residential Uses
1. Congregate care, assisted living, and P/PP/C P/PP/C NP
convalescent homes
2. Multiple-family residential uses located NP P/PP/C NP
above a ermitted commercial or office use
3. Historic residential uses NP NP NP
4. Commercial use allowed in NP NP NP
district/existin historic residential use
5. Homeless shelters within religious or P/PP/C P/PP/C P/PP/C
social or anization buildin s
-------~-
'.'sE~.., ii1i:
N. Temporary Uses
(Subject to the provisions of Section
16.16.100, and the issuance of a
Tern ora Use Permit
O. Accesso Uses
1. Accessory uses and structures located on PP PP PP
the same site as a ermitted use
2. Accessory uses and structures located on PP PP PP
the same site as a use requiring plot plan
review
3. Accessory uses and structures located on P/PP/C PIP PIC PIP PIC
the same site as a use requiring a conditional
use ermit
P. Other uses similar to, and no more P/PP/C P/PP/C PIP PIC
objectionable than the uses identified
above, as determined by the Planning
Commission
---------~---_."
Table 16.36.030-A1
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 Overlay District (Design Overlay District 2.4)
P = permitted use MUP = Minor Use Permit
CUP = Conditional Use Permit NP = Not Permitted
PED = Not permitted in pedestrian oriented storefront locations
Table 16.36.030-A1
Allowed land Uses Permit Required By District Specific Use
and Permit All new commercial bulldlnos require a Conditional Use Permit Standards
Requirements
LAND USE MU.1 MU-2 MU-4 . MU-6 I VCD VMU I MU-5 MU-3 OP RC
HCO
A. Services - BusJness, Financial, Professional
ATM MUP MUP
Bank MUP MUP
Financial Services
Medical Services - MUPI MUP
doctor's office PED
Medical Services - CUPI MUP
clinic, lab uraent care PED
Medical - hospital NP NP
Office - accessory MUP MUP
Office - Qovernment MUP MUP
Office - DrocessinQ CUP MUP
Office - professional MUP MUP
Veterinary clinic, NP CUP
animal hosDital
B. Services - General
Adult day care - MUPI 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 repair or body
work
Automotive and NP NP 16.52.210
vehicle services -
minor maintenance or
repair including tire
services
~,
Allowed Land Uses Permit Required By District Specific Use
and Permit All new commercial buildinos require a Conditional Use Permit. Standards
Requirements
LAND USE MU-1 MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
HCO
Catering services MUPI MUP
PED
Child day care center - MUPI MUP
14 or fewer PED
Child day care center - MUPI MUP 16.52.120
15 or more PED
Drive-throuah services NP CUP
Eauiement rental NP CUP
Kennel, animal NP CUP 16.52.100
boardina
Lodging-Bed & MUP MUP 16.52.080
breakfast inn
Lodaina-Hotel or motel CUP CUP
Lodging-Recreational NP NP
Vehicle (RV) Park
Maintenance services- NP MUP
client site services
Mortuary, funeral NP NP
home
Personal services MUP MUP
Personal services- NP NP 16.52.030
Restricted
Public safety facility MUPI P
PED
Repair service- NP CUP
Equipment, large
aeeliances, etc.
Social services NP CUP
organization
T ele-communication NP CUP
facilities (commercial)
C. Industry, Manufacturing & Processing, Wholesaling, Storage
Agricultural product NP CUP
erocessina
Construction NP NP
contractors
Furniture and fixtures NP NP
manufacturing, cabinet
shoe
Industrial research and NP NP
develoement
Laboratory - Medical, NP NP
analytical, research
and develoement
Manufacturingl NP NP
erocessina - Heavv
Manufacturing or NP NP
Processina - Liaht
- ----~- _ -----_..._...
~"
Allowed Land Uses Permit Required By District Specific Use
and Permit All new commercial buildinos require a Conditional Use Permit. Standards
Requirements
LAND USE MU-1 MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
HCO
Printinc and Dublishinc NP NP
Recycling - scrap and NP NP
dismantlina vard
Recycling - Small MUP MUP
collection facilitv IPED
Storace - Outdoor NP NP
Storage (mini - NP NP
storace)
Wholesaling and NP NP
distribution
Winery NP NP
D. Retail Trade
Accessory retail uses P P Subject to
Business
License
clearance
Alcoholic beverage CUP CUP
sales
Artisan shoo MUP MUP
Auto, vehicle and NP NP 16.52.060
heavy equipment sales 16.52.070
& rental
Auto, vehicle parts NP NP
sales wI installation
services
Building and CUP CUP
landscape materials
sales-indoor
Convenience store MUP MUP
Drive-throuQh retail NP NP
Extended hour retail MUP MUP
Farm supply and feed NP CUP
store
Farmers market MUP MUP
Fuel dealer NP NP
(propane for home and
farm use)
Gas station NP NP 16.52.170
General retail-5,OOO sf P P Subject to
or less Business
License
clearance
General retail- MUP CUP
5,001 to 19,999 sf
General retail- NP NP
20,000 sfto 102,500
sf
~"~""
Allowed Land Uses Permit Required By District Specific Use
and Permit All new commercial bulldinos require a Conditional Use Permit Standards
Reauirements
LAND USE MU.1 MU.2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
HCO
Groceries, specialty CUP CUP
foods-20, 000 sf or
less
Groceries, specialty NP NP
foods 20,000 sf to
102.500 sf
Outdoor retail sales MUP MUP
and activities
Mobile home, boat, or NP NP
RV sales
Produce stand MUP MUP
Restaurant, cafe. MUP MUP 16.52.180
Coffee shop
Restaurant, drive- NP NP 16.52.090
through fast food
Second hand store MUP MUP
Shopping center NP CUP
Warehouse retail NP NP 16.52.160
E. Recreation, Education & Public Assembly Uses
Bar/tavern/night club CUP CUP
Club, lodge, private MUP CUP
meeting hall
Commercial recreation CUP CUP
or sports facility -
Indoor
Commercial recreation NP CUP
or sports facility -
Outdoor
Community center CUP CUP
Conference/ CUP NP
convention facility
Equestrian facility NP NP
Fitness/health facility CUP CUP
Library, museum MUP MUP
Park, playground CUP CUP
Religious facility CUPI CUP
PED
School- Elementary, . NP CUP
middle secondary
School - Specialized CUPI CUP
education/training PED
Studio - art, dance MUP MUP
martial arts music etc.
Theater, auditorium CUP CUP
--~._-~._-- -_..._---
Allowed Land Uses Permit Required By District Specific Use
and Permit All n~w commercial buildinos require a Conditional Use Permit. Standards
Reauirements
LAND USE MU-1 MU-2 MU-4 MU-6 VCD VMU MU-5 MU-3 OP RC
HCO
F. Residential Uses
Assisted Living CUP CUP MU
Home occupation P P MU
16.16.090
Livelwork unit CUP CUP
Prohibited in conjunction with restricted personal services and vehicle maintenancel repair. Use
established in new or commercial buildings must comply with appropriate occupancy separation
reauirements of the UBC.
Multi-family housing NP CUP MU
not located within a
mixed use proiect
Multi-family housing in MUP MUP
a mixed use proiect IPED
Residential care facility MUP MUP
IPED
Residential care CUPI CUP
facility, 7 or more PED
clients
Single family NP MUP
residential within a
mixed use croject
G. Other uses similar to, and compatible with other uses identified above, as determined by the
Planning Commission, subject to a Conditional Use Permit or Interpretation
B. Special Use Regulations - 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 subject 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
Standards for Historic Districts (as amended) and are subject to the design review
and approval process established therein.
3. Location of Residential Uses. Residential uses shall be limited to floors above
street level in the VCD district. Lobbies, entryways, and other non-habitable space
for residential uses shall be allowed on the street level. Exceptions may be granted
for Designated Historic Structures subject to the issuance of a Conditional Use
Permit, in accordance with Section 16.16.050, Conditional Use Permits, of this
title. Prior to approving a Conditional Use Permit for exceptions allowed in this
section, all of the following findings must be made along with the general findings
required for the approval of a Conditional Use Permit:
a. The exception is reasonably necessary to maintain the historical integrity of
the structure
b. The project meets the intent of the Design Guidelines and Standards for
Historic Districts (as amended).
---.-
4. Use of Non-residential Space. Non-residential spaces shall consist of uses that
serve clients and patr~ns that visit the site. These spaces may not be exclusively
used for storage for other businesses or used for adjacent residential purposes.
5. Location of Parking. Parking for residential and non-residential purposes shall be
located behind buildings or to the side of buildings when parking behind buildings
is not possible. Driveways shall not access Branch Street. Off-site parking may be
allowed by CUP within 200 feet of the uses served, or by public parking provided
for properties within the Parking and Business Improvement District (PBID).
6. All discretionary land use approvals shall include Fire Chief review addressing a
contribution towards the ultimate goal of fire sprinklers in all buildings in the VCD
and VMU districts. Complete fire systems, bonding for future installations, or
partial installations shall be required.
C. Residential densities in mixed-use zones.
1. This title limits the maximu~ residential density for each mixed-use zone; however, the
density allowed for any residential project within the City may be varied through the
appropriate discretionary review process, when discretionary review is provided for in
this title. The Community Development Director, Planning Commission, and/or City
Council shall have the authority to reasonably condition any residential development
subject to discretionary review to ensure proper transition to and compatibility with
adjacent developments, existing or proposed.
2. For the purpose of mixed use development, residential density is defined as follows:
Residential Dwelling Unit Type Density Equivalent
LivelWork Unit .5
Studio .5
1-bedroom .75
2-bedroom 1
3-bedroom 1.5
4-bedroom 2
___________......__.,~w_~._.~'"_..................._.
~..._---_.....- .,._.~.....
,-
16.48.050 Conversion of Residential Structures to Nonresidential Use.
No structure originally designed as a residence, hotel or motel, or as an accessory
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 Pennit 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 design of mixed used projects.
A. Design considerations. A mixed used project shall be designed to achieve the
following objectives.
1. Potential noise, odors, glare, pedestrian traffic, and other potentially
significant impacts on residents shall be minimized to allow a compatible mix
of residential and nonresidential uses on the same site.
2. The design of the mixed use project shall take into consideration potential
impacts on adjacent properties and shall include specific design features to
minimize potential impacts.
3. The design of a mixed-use project shall ensure that the residential units are of
a residential character, and that privacy between residential units and between
other uses on the site are maximized.
4. The design of the structures and site planning shall encourage integration of
the street pedestrian environment with the non-residential uses through the use
of plazas, courtyards, walkways, and street furniture. Design amenities shall
encourage travel by walking, bicycling and public transit.
5. Site planning and building design shall be compatible with and enhance the
adjacent and surrounding residential neighborhood in tenns of scale, building
design, color, exterior materials, roof styles, lighting, landscaping and
signage, to preserve the rural nature and small town character of Arroyo
Grande.
B. Mix of Uses.
1. A mixed use project may combine residential uses with any other use allowed
in the applicable zoning district by Section 16.36.030, provided that where a
mixed use project is proposed with a use required by Section 16.36.030 to
have Minor Use Pennit or Conditional Use Pennit approval in the applicable
zoning district, the entire mixed use project shall be subject to that pennit
requirement.
2. For substandard lots, a mixed-use project that provides commercial and/or
office space on the ground floor with residential units above (vertical mix) is
encouraged. over a project that provides commercial structures on the front
portion of the lot with residential uses placed at the rear of the lot (horizontal
mix).
C. Site layout standards.
Each proposed mixed-use project shall comply with the property development
standards of the applicable zoning district, and the following requirements.
1. Open space. A minimum of 350 feet of any combination of public or private
open space shall be required for each residential unit and be permanently
maintained.
2. Loading areas. Commercial loading areas shall be located as far as possible
from residential units and shall be screened from view from the residential
portion ofthe project to the extent feasible.
3. Refuse and recycling areas. Areas for collection and storage of refuse and
recyclable materials shall be located on site in locations that are convenient
for both the residential and non-residential uses.
D. Performance Standards.
1. Lighting. Lighting for the commercial uses shall be
appropriately shielded to minimize impacts on residential units.
2. Noise. All residential units shall be designed to mitigate impacts from non-
residential project noise, in compliance with the City's noise regulations.
3. Hours of operation. A mixed-use project proposing a commercial component
within 300 feet of a residential unit, that will operate outside of the hours of
from 8:00am to 6:00pm shall require a minor use permit (unless the proposal
involves a conditional use permit as required by section 16.36.030 A-I) to
ensure that the commercial use will not interfere with the residential uses
within the project.
E. Requirements for Use Permit projects. A mixed use project that requires Minor Use
Permit or Conditional Use Permit approval in compliance with Subsection B is
subject to the following requirements.
1. Property 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 require provisions and standards in
addition to, or instead of the property development standards of the
applicable zone district to ensure compatibility of uses and
surroundings; or
b. Variation or exception to standards required by the applicable zoning
district, to the extent allowed by Use Permit approval in other
sections of these regulations, to make particular use combinations
more feasible.
.
--_._-----~---
2. Mandatory findings for approval. The approval of a Minor Use Permit or
Conditional Use Permit for a mixed use project shall require that the review
authority first make all of the following findings, in addition to the findings
required for the permit approval as applicable.
a. The mixed uses are consistent with the general plan and are
compatible with their surroundings, with neighboring uses, and with
each other;
b. The design protects the public health, safety, and welfare; and
c. The mixed uses provide greater public benefits than single-use
development of the site. This finding must enumerate those benefits,
such as proximity of workplaces and housing, automobile trip
reduction, provision of affordable housing, or other benefits
consistent with the purposes of this section.
3. Mandatory findings for variation or exception to standards. To allow property
development standards that deviate from those of the underlying zone, the
review authority must make one of the following findings:
a. Site-specific property development standards are needed to protect
all proposed uses of the site, in particular residential uses; or
b. Site-specific property development standards are needed to make
the project consistent with the intent ofthese regulations.
.~._. <""--'~~-"'--'_.'--'- ~._--.-_._.-._..._._.",-_...,--,~~-------
16.52.120.B. Permit Required. A minor use permit for large family day care (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.
._----_.__._._.,-----.._._.,~--_.~_........"._--,.- - "....'."~,..^~..-. ._-~--.-
16.56.020.C. Village Mixed Use and Historic Character Overlay District Combining
District. For the area within the boundaries of the Village Mixed Use and Historic Character
Overlay District (Design Overlay 2.4), off-street parking facilities or the payment of in-lieu fees,
as established by resolution, shall be provided as follows:
1. For changes in uses in existing buildings, additional off-street parking facilities
required by a change of use may be reduced subject to a Minor Exception in
accordance with Section 16.16.120.B.5. by payment of in-lieu fees.
2. Existing buildings that ~e remodeled or enlarged shall not be required to provide
parking if the increase in the square footage is less than 600 sq. ft. If the addition
is greater than this amount, or involves the construction of a new building, off-
street parking shall be required consistent with the following:
a. Off-street parking facilities consistent with requirements of Section
16.56.060; or
b. A combination of off-street parking facilities and/or payment of an in-lieu
fee may be permitted through a Conditional Use Permit.
-
16.56.030 Location.
All off-street parking facilities shall be located to the side or rear of buildings if feasible
and be accessible and usable for the associated use or activity. Parking required shall be located
on site except as otherwise provided for in Section 16.56.050 of this chapter.
16.56.050 Common Parkine: Facilities.
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 ofthe associated use.
1. The total parking requirement may be reduced to seventy (70) percent in all
districts, except the VMUIHCO district where the reduction may be sixty (60)
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 pennit
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.
-_..__.__.__..~---
8.m.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
BY: RYAN FOSTER, ASSIST ANT PLANNER
SUBJECT: CONSIDERATION OF AUTHORIZATION TO CLOSE CITY STREETS
AND USE CITY PROPERTY FOR THE 66th ANNUAL ARROYO GRANDE
V ALLEY HARVEST FESTIVAL, SEPTEMBER 26-27, 2003
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution, authorizing
closure of City streets and use of City property, and authorize the waiver of City
fees and costs for the annual Arroyo Grande Valley Harvest Festival.
FUNDING:
The event organizers are requesting that the fees and costs for City services
necessary to support the event be waived. If the Council approves the waiver of
fees and costs, the reduction in revenue is approximately $6,780. Historically, the
City has waived fees and costs because the City has served as an unofficial co-
sponsor of the event.
DISCUSSION:
The 66th Annual Arroyo Grande Valley Harvest Festival is scheduled for September
26-27, 2003, the last Friday and Saturday of the month. Activities will begin on
Thursday, September 25, 2003 at 5:00 p.m. and end on Sunday, September 28,
2003 at 10:00 a.m. Activities at the Festival will include entertainment, food and
game booths, craft booths, contests and a parade. These activities are held along
Nelson Street, Short Street, Olohan Alley, and East Branch Street. The parade is
held on East Grand A venue and East Branch Street between Halcyon Road and
Mason Street. New this year to the Harvest Festival is the "Big Ditch Derby", a
soapbox derby to be held on Nelson Street between Bridge Street and Mason
Street.
S:\COMMUNITY _DEVELOPMENT\PROJECTS\TUP\03-021 \cc_rpt.doc
---~--_.._.- - -_._----_....,._.._-~
,-
CITY COUNCIL
CONSIDERATION OF AUTHORIZATION TO CLOSE CITY STREETS AND USE CITY
PROPERTY FOR THE 66th ANNUAL ARROYO GRANDE VALLEY HARVEST
fESTIVAL, SEPTEMBER 26-27, 2003
AUGUST 26, 2003
PAGE 2
The Festival organizers are requesting the closure of Short Street, East Branch
Street, and Olohan Alley for food and game booths, craft booths and
entertainment, Nelson Street between Bridge Street and Mason Street for the
soapbox derby, and East Grand Avenue, East Branch Street, Halcyon Road from EI
Camino to Fair Oaks, and Mason Street to Nelson Street for the parade.
Residents along Nelson Street have submitted a letter regarding the closure of their
street for the soapbox derby (Attachment 2). They do not object to the closure,
but they would like assurance that they will be able to have vehicular access to
their homes during the closure. The Police Department will have officers on-hand
to assist residents who require ingress and egress from their homes on the date of
the event.
A Temporary Use Permit will only be issued upon approval by the City Council of
the request for street closures and use of City property.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
-Adopt the attached Resolution;
-Modify and adopt the attached Resolution;
-Do not adopt the attached Resolution; or
-Provide direction to staff.
Attachments:
1 . Letter from Harvest Festival Committee
2. Letter from Nelson Street residents
S:\COMMUNITY _ DEVELOPMENT\PROJECTS\ TUP\03-021 \cc JPt.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING CLOSURE OF CITY
STREETS AND USE OF CITY PROPERTY FOR THE 66TH
ANNUAL ARROYO GRANDE VALLEY HARVEST
FESTIVAL, FRIDAY AND SATURDAY, SEPTEMBER 26-
27,2003
WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival have
requested closure of City streets and use of City property; and
WHEREAS, organizers of the annual Arroyo Grande Valley Harvest Festival will be
responsible for the removal of all garbage and debris generated by the event.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve that the following actions are authorized and the
following described City property may be used for the Harvest Festival:
1. The City parking area behind City Hall from the entrance of Mason Street and
extending to the area of the Gazebo and Short Street for use between the
hours of 5:00 p.m. Thursday, September 25, 2003 until 10:00 a.m. the
morning of Sunday, September 28, 2003.
2. The parking area beginning at the Gazebo and extending westerly to Bridge
Street beginning at 1 :00 p.m. Friday, September 26, 2003 until 10:00 a.m.
Sunday, September 28, 2003.
3. The use of the City owned Nelson Street property adjacent to Mason Street for
various displays and contests from 12:00 p.m. to 9:00 p.m. on Friday,
September 26, 2003 and from 8:00 a.m. to 6:00 p.m. on Saturday,
September 27, 2003 for a variety of activities, contests, and displays.
4. The City's electrical service as needed for the lighting of booths, sound
system, and contests.
5. The use of the Council Chambers on Friday, September 26, 2003 from 3:00
p.m. to 9:00 p.m. for the Arroyo Grande Masonic Lodge to conduct the Arroyo
Grande Harvest Festival Essay Scholarship Contest.
RESOLUTION NO.
PAGE 2
6. That the northerly half block portion of Short Street between Nelson Street and
the Swinging Bridge be posted No Parking from 6:00 a.m. to 5:00 p.m. on
Saturday September 27, 2003.
7. That request be made by the Arroyo Grande Police Department to the State of
California Department of Transportation for permission to close a portion of
East Branch Street, also known as Highway 227, from U.S. Highway 101 to
Stanley Avenue, and the closure of entrance and exit ramps of U.S. Highway
101 at East Grand Avenue on September 27,2003 between the hours of 7:00
a.m. and 1 :00 p.m.
8. That the City Council authorizes closure of a portion of East Branch Street,
also known as Highway 227, from U.S. Highway 101 to Stanley Avenue and
the closure of entrance and exit ramps of U.S. Highway 101 at East Grand
Avenue upon authorization from the State Department of Transportation for
said closure.
9. That the Arroyo Grande Police Department will control traffic along and around
the parade route, and police officers will be stationed to give instructions to
motorists on detouring the parade route; and further, the Police Department
will restrict traffic on Route 227 to one lane and control traffic at the freeway
ramps from 9:30 a.m. to 12:00 noon on Saturday, September 27, 2003.
10. That the City Council authorizes closure of Nelson Street between Bridge
Street and Mason Street on Saturday, September 27, 2003 from 12:00 p.m.
to 5:00 p.m. for the "Big Ditch Derby".
BE IT FURTHER RESOLVED, that the following streets shall be closed for the Harvest
Festival parade on the morning of Saturday, September 27, 2003, beginning at East
Grand Avenue and Brisco Road and east to the corner of East Branch and Mason
Streets; and Halcyon Road from EI Camino Real to Fair Oaks Avenue from 7:00 a.m.
to 1 :00 p.m.
BE IT FURTHER RESOLVED, that the organizers of the Harvest Festival will adhere
to certain requirements and conditions set forth by the Public Works, Police, Parks,
Recreation and Facilities, and Building and Fire Departments regarding cleanup and
traffic control and all other applicable conditions of a Temporary Use Permit to be
issued by the City with the above findings and subject to the conditions as set forth
in Exhibit "A ", attached hereto and incorporated herein by this reference.
----.----.".--..-.
RESOLUTION NO.
PAGE 3
On motion by Council Member seconded by Council Member and
by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this 26th day of August 2003.
RESOLUTION NO.
PAGE 4
TONY M. FERRARA, MA VOR
ATTEST:
KELL Y WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARNEL, CITY ATTORNEY
------.......--
,.-
RESOLUTION NO.
PAGE 5
EXHIBIT II A"
CONDITIONS OF APPROVAL
TEMPORARY USE PERMIT 03-021
66TH ANNUAL HARVEST FESTIVAL
GENERAL CONDITIONS:
1 . The applicant shall ascertain and comply with All State, County and City
requirements as are applicable to this project.
2. The event shall occur in substantial conformance with the application and
plans on file in the Community Development Department.
3. The event organizers shall comply with all of the Conditions of Approval for
Temporary Use Permit 03-021.
4. The applicant shall agree to defend at his/her sole expense any action brought
against the City, its agents, officers, or employees because of the issuance of
said approval, or in the alternative, to relinquish such approval. The applicant
shall reimburse the City, its agents, officers, or employees, for any court costs
and attorney's fees which the City, its agents, officers or employees may be
required by a court to pay as a result of such action. The City may, at its sole
discretion, participate at its own expense in the defense of any such action but
such participation shall not relieve applicant of his/her obligations under this
condition.
PARKS, RECREATION AND FACILITIES DEPARTMENT CONDITIONS:
5. The Harvest Festival Committee is to contact the Parks, Recreation and
Facilities Department no later than September 12, 2003 regarding the number
and location of trash receptacles to be placed in the downtown area.
6. The Harvest Festival Committee is responsible for disposal of its garbage into
large trash containers. The Harvest Festival Committee is responsible for
providing a small cargo dumpster (20 cubic yards) in addition to required trash
conta iners.
7. The Harvest Festival Committee is responsible for providing trashcan liners for
all trash containers.
------
RESOLUTION NO.
PAGE 6
8. The Harvest Festival Committee is responsible for providing additional restroom
supplies for the festival. Should the City provide these supplies, the Harvest
Festival Committee will reimburse the City for the cost of these supplies.
PUBLIC WORKS DEPARTIVENT CONDITIONS:
9. Restroom facilities, barricades, signing and detour routes shall be provided by
applicant.
10. The event or~anizers shall provide (pay for) all traffic barricades and
delineators. The Public Works Department will place the barricades and
delineators.
11 . The event organizers shall place an advertisement in the September 24, 2003
edition of the Five Cities Times-Press Recorder advising residents of street
closures.
12. The event organizers shall provide a $1,000,000 persona'l liability insurance
policy naming the City as additional insured. Proof of insurance shall be
submitted to the Director of Administrative Services ten (10) days before the
event.
13. The event organizers shall contact the Public Works Department two weeks
prior to the event to check on the status of street maintenance/construction
activities. The Public Works Department may require the event organizers to
provide temporary construction (orange plastic) fencing around areas
designated as potentially hazardous.
BUILDING AND FIRE DEPARTMENT CONDITIONS:
14. All food booths (cooking) must comply with the Fire Department guidelines.
15. A handicapped accessible toilet shall be included where other portable toilets
are located.
16. All electrical must be inspected by the Building and Life Safety Division, prior
to the event opening.
17. Emergency access must be maintained to the satisfaction of the Director of
Building and Fire.
- .._._.~-,._._.,,~
RESOLUTION NO.
PAGE 7
18. The use of generators must be revieV'ved and approved by the Director of
Building and Fire.
19. All tape used for marking the booth locations shall be removed by the event
organizers.
POLICE DEPARTMENT CONDITIONS:
20. The Police Department shall obtain the necessary permit from Caltrans to close
a portion of East Branch Street, also known as Highway 227, from U.S.
Highway 101 to Stanley Avenue and the entrance and exit ramps of U.S.
Highway 101 at East Grand Avenue.
---~ - -"._._>._-~
Attachment 1
ARROYO GRANDE VALLEY
HARVEST FESTIVAL @ t'1~Y ,,_REGf;fVEfJ
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P.O. BOX 575 O~ JUl I 7 AM II: 2 7
ARROYO GRANDE, CA. 93421 '7/1'1
July 16, 2003 Roh:
To: The City Council of Arroyo Grande PI eI).6~ pro cesS .
Re: 2003 Arroyo Grande Harvest Festival c: Chid of {6 (.'ce.-
A!ist'5~P(~
The 2003 Harvest Festival Committee is now at work planning this year's 66th annual
Harvest Festival. As ln years past, we continue to emphasize the Festival's goal of
providing a positive benefit to our community that can be enjoyed by all those
attending. To accomplish this, we strive to encourage participation of local non-profit
organizations and youth groups to join with us.
Since we do not view the Harvest Festival as a commercial venture, it is our charge to
manage the expenses of the Festival so the fees that are paid by participating
organizations will not impact their ability to realize a profit during the Festival. Many of
these organizations depend on the funds generated at the Festival to support their
programs through out the year. Also this year we are encouraging donations from
sponsors for Harvest Festival activities to assist us in this effort. In the spirit of the
Harvest Festival, we again ask the City for its continued support.
The date of the 2003 Arroyo Grande Valley Harvest Festival is September 26 and 27,
2003, the last Friday and Saturday of the month.
As in the past, the Harvest Festival Committee is requesting the Arroyo Grande City
Council to approve our request to allow the participation and cooperation of the
numerous city departments who have provided assistance to the committee for many
years to again work with us to assure the success of this event. We seek the
assistance of the Police, Fire, Public Works, Parks and Recreation Departments to
assist in the coordination of the activities.
These activities will also require the use of following city property:
1. The city parking area behind City Hall from the entrance of Mason Street and
extending to the area of the Gazebo and Short Street for use between the hours
of 5:00 p.m. on Thursday, September 25 until 1 0:00 a.m. the morning of Sunday,
September 28.
2. The parking area beginning at the Gazebo and extending westerly to
Bridge Street beginning at 1 :00 p.m. on Friday, September 26 until
10:00 a.m. Sunday, September 28.
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-2-
Both of these areas will be used to locate booths for the games, serving of food,
and other types of products. At the conclusion of the Festival, we will sweep and
clean these areas and the areas in the Village impacted by our activities. A
commercial cleaning company with assistance of the Boy Scouts will be used to
accomplish this task.
3. The use of the city owned Village Green adjacent to Mason Street for various
displays and.contests during the afternoon and evening of the 26th and during
the day of the 27th for a variety of activities, contests and displays.
4. Permission to utilize the City's electrical service as needed during the Festival
for the lighting of booths, sound systems, and contests.
5. Closure of Nelson Street from Mason Street to Bridge Street and Short Street
from Nelson to the creek (Swinging Bridge). This will be to facilitate the new
event "The Big Ditch Derby".
6. Closure of the streets, which facilitate the success of the Annual Harvest
Festival Parade on the morning of Saturday the 27th. As in the past, the parade
route begins at East Grand and Halcyon and travels east to its conclusion at the
corner of East Branch and Mason Street, disbanding at Mason and Nelson
Streets. The parade steps off at 10:00 a.m. and concludes by 12:00 p.m. (noon).
While the parade forms and is in progress, other streets are impacted in order to
provide traffic flow during this time.
The Arroyo Grande Valley Kiwanis Club will again coordinate the Parade and
looks forward to the assistance from the Police Department and other
departments of the City for the coordination required for the Parade to be
successful.
As I have described, the Harvest Festival Committee and the City of Arroyo Grande
have and we hope can continue to work together to celebrate our Arroyo Grande Valley
Harvest Festival. As Chair of the 2003 Harvest Festival Committee, I represent the
committee in seeking the continued support of the City to grant our request for the
City's resources needed for a successful 2003 Arroyo Grande Valley Harvest Festival.
Thank you.
Sincerely,
~ rman of the Board
2003 Arroyo Grande Valley Harvest Festival Committee,
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Attachment 2
(; RECEIVED
,-
AUG 2 n 2003
DATE: August 19, 2003 CITY OF ARROYO GRANDE
COMMUNITY DEVELOPMENT DEPT. .
TO: An-oyo Grande Community Development Dept. and
An-oyo Grande aty Council
FROM: Short St. and Nelson St. Residents
RE: Harvest Festival Committee's Request for Closure of Short and Nelson
Streets
As residents we do not object to the closure of our streets (Short and Nelson S15.)
dming the Harvest Festival as long as we can drive our cars to and from our homes on
closure date(s). Our streets have been closed to through traffic for many years during
festival days, but we have always had and continue to require driving access to our
homes. It would create great hardship for us and our families if driving access to our
homes was prohibited.
Thank you for respecting our need to access our homes.
Name Signature Address
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MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
SUBJECT: CONSIDERATION OF DEED OF CONSERVATION EASEMENT
TO LUCIA MAR UNIFIED SCHOOL DISTRICT FOR ARROYO
GRANDE CREEK ADJOINING PAULDING MIDDLE SCHOOL
RELATED TO OFF-SITE MITIGATION FOR HIDDEN OAKS
ELEMENTARY SCHOOL SITE
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council: 1) approve a Deed of Conservation
Easement to Lucia Mar Unified School District for Arroyo Grande Creek adjoining
Paudling Middle School related to off-site mitigation for Hidden Oaks Elementary
School in Village Glen (Tract 2265, Lot 41); and 2) authorize the City Manager to
sign the Deed of Conservation Easement on behalf of the City of Arroyo Grande
(Attachment I).
FUNDING:
There are no costs to the City associated with the Conservation Easement
adjoining Arroyo Grande Creek and Paulding Middle School.
DISCUSSION:
In the development of Village Glen, Tract 2265, the subdivider provided a lot for
the proposed Hidden Oaks Elementary School. The Lucia Mar Unified School
District acquired this site and negotiated with the developer and Army Corps of
Engineers (ACE) to obtain a site preparation grading permit that required "off-site
mitigation" to enhance the Red Legged Frog habitat. The District offered a
conservation easement to The Land Conservancy of San Luis Obispo County on
a portion 0 f the Arroyo Grande Creek bank adjoining Paulding Middle School,
which they believed was on their property. The developer completed bank
stabilization and habitat enhancement to . satisfy ACE, US Fish and Wildlife
Service and California Fish and Game mitigation requirements. The developer
remains responsible for monitoring and reporting in accordance with agency
.------..-
CITY COUNCIL
CONSIDERATION OF DEED OF CONSERVATION EASEMENT TO LUCIA MAR
UNIFIED SCHOOL DISTRICT FOR ARROYO GRANDE CREEK ADJOINING
PAULDING MIDDLE SCHOOL RELATED TO OFF-SITE MITIGATION FOR HIDDEN
OAK ELEMENTARY SCHOOL SITE
AUGUST 26, 2003
PAGE 2
requirements. The Land Conservancy of San Luis Obispo County agreed to act
as an independent third party for the required conservation easement.
After these transactions, it was discovered that the off-site mitigation property is
actually owned by the City of Arroyo Grande according to a 1975 parcel map,
which dedicated the creek area for greenbelt and park purposes. As a result, the
Lucia Mar Unified School District by letter dated May 28, 2003 (Attachment 2)
requested that the City grant the conservation easement to the District so they
can transfer a similar agreement to The Land Conservancy. The Land
Conservancy, by letter dated June 9, 2003 (Attachment 3), has clarified that they
are willing to accept the conservation easement, but not the monitoring,
maintenance and reporting requirements of the mitigation project. As noted,
these remain the developer's responsibility through December 2005. The City
remains the landowner, cooperating with the Lucia Mar Unified School District to
accomplish this off-site mitigation and conservation easement.
The environmentally sensitive topographic and biological setting of the creek
bank and its open space restrictions would be reinforced by the proposed
conservation easement. There are few, if any, uses other than creek bank and
conservation that would be allowed in this area.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
. Approve Deed of Conservation Easement as requested by Lucia Mar
Unified School District regarding off-site mitigation plan for Hidden
Oaks Elementary School in Village Glen (Tract 2265, Lot 41 ); or
. Defer action and direct staff to further discuss requirements with
Lucia Mar Unified School District and other responsible agencies.
Attachments:
1. Deed of Conservation Easement
2. Lucia Mar Unified School District letter dated May 28, 2003
3. The Land Conservancy letter dated June 9, 2003
S:\COMMUNITY _DEVELOPMEN1\CITY _COUNCIL\2003\08-26-03\08-26-03 cc sr Lucia Mar Conservation
Easement.doc
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RECORDING REQUESTED BY: A TT ACHMENT 1
City of Arroyo Grande
WHEN RECORDED RETURN TO:
City of Arroyo Grande
P.O. Box 550
Arroyo Grande CA 93421
DEED OF CONSERVATION EASEMENT
THIS GRANT DEED OF CONSER V ATION EASEMENT is made this 26th day of August
2003, by the CITY OF ARROYO GRANDE, a political subdivision of the State of California"
having an address at 215 E. Branch Street, Arroyo Grande, CA 93420 (Grantor"), in favor of
LUCIA MAR UNIFIED SCHOOL DISTRICT, a political subdivision of the State of California
having an address at 602 Orchard Street, Arroyo Grande, CA 93420 ("Grantee").
WITNESSETH:
WHEREAS, Grantor is the sole owner in fee simple of certain real property in San Luis Obispo
County, California, more particularly described in Exhibit A attached hereto and incorporated
herein by this reference (the "Property"): and
WHEREAS, Certain portions of the property possess natural, scenic, and open space values
(collectively, "conservation values") of great importance to Grantor, the people of the City of
Arroyo Grande, the people of San Luis Obispo County and the people of the State of California;
and
WHEREAS, Arroyo Grande Creek is an important part of the coastal ecosystem and as such
provides important habitat for a variety of birds, fishes, plants, and both marine and terrestrial
mammals; and
WHEREAS, the specific conservation values of the Property are documented in an inventory of
relevant features of the Property, dated February, 2002 and on file at the offices of Grantee and
incorporated by this reference ("Baseline Documentation"), which consists of reports, maps,
photographs, and other documentation that the parties agree provide, collectively, an accurate
representation of the Property at the time of this grant and which is intended to serve as an
objective infonnation baseline for monitoring compliance with the tenns of this grant; and
WHEREAS, Grantor and Grantee intend that the conservation values of the Property be
preserved and maintained by preventing incompatible uses as defined herein and pennitting
compatible land uses, including passive scenic and open space and those activities relating to the
restoration of conservation values existing at the time of this grant; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to Grantee the right to
preserve and protect the conservation values of the Property in perpetuity; and
_.."._,~-_._-~.._-
Deed of Conservation Easement
WHEREAS, Grantee is a political subdivision of the State of California, whose primary purpose
is education and may convey said Deed of Conservation Easement to a publicly supported, tax-
exempt nonprofit organization, qualified under Section 501 (c)(3) and 170(h) of the Internal
Revenue Code, whose primary purpose is the preservation, protection, or enhancement of land in
its natural, scenic, and/or open space condition; and
WHEREAS, Grantee agreed by accepting this grant to honor the intentions of Grantor stated
herein and to preserve and protect in perpetuity the conservation values of the Property for the
benefit of this generation and the generations to come;
NOW, THEREFORE, in consideration ofthe above and the mutual covenants, tenns,
conditions, and restrictions contained herein, and for good and valuable consideration, the
sufficiency of which the Parties hereby acknowledge, and pursuant to the laws of California and
in particular Civil code Sections 815 et.seq., Grantor hereby voluntarily and fteely grants and
conveys to the Grantee a conservation easement in gross in perpetuity over the Property of the
nature and character and to the extent hereinafter set forth ("Easement").
1. Purpose. It is the purpose ofthis Easement to assure that the Property will be
retained forever in its current open space condition and to prevent any incompatible uses of the
Property that would significantly impair or interfere with the conservation values of the Property.
Grantor intends that this easement will confine the use of the Property to activities related to the
passive enjoyment of scenic open space, and the restoration of native vegetation and the removal
of exotic vegetation which is deemed to be consistent with the purpose of this Easement.
2. Ri2;hts to Grantee. To accomplish the purpose of this Easement, the following rights
are conveyed to Grantee by this easement:
(a) To preserve and protect the conservation values of the Property.
(b) To enter upon the Property at reasonable times in order to monitor compliance
with the tenns ofthis Easement; provided that such entry shall be upon prior reasonable notice to
Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of
the property;
(c) To prevent any activity on or use ofthe Property that is inconsistent with the
purpose of this Easement and to require the restoration of such areas or features of the Property
that may be damaged by any inconsistent activity or use; arid
(d) To enter upon the Property at reasonable times in order to undertake land
restoration activities; provided that the timing and access for the purpose of the restoration will
be scheduled with Grantor and Grantee shall give prior reasonable notice to Grantor, and Grantee
shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property.
3. Prohibited Uses. This easement will confine the uses of the Property to only the
Acceptable Uses (as defined below), and all other uses ofthe Property are strictly prohibited,
including but not limited to the following:
)
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Deed of Conservation Easement
(a) Subdivision of land - The subdivision, division, de facto subdivision, or
portioning of the Property for any purpose, except as may be required by court
order.
(b) New buildings - The construction of any new structures, permanent or
temporary, or the placement or storage of any construction material.
(c) Coverage of land - The coverage of land by asphalt, concrete, or other
material that does not constitute a natural cover for the land, except as
necessary for activities related to the purpose of this Easement, and access to
and maintenance related to the Acceptable uses.
(d) Alteration ofthe land surface -: The alteration of the land surface through
grading, soil-filling or trenching, except as may be necessary for activities
related to the purpose of this Easement, and access to and maintenance related
to the Acceptable Uses.
(e) Signs - The construction or placement of any advertising signs ore billboards
for commercials purposes.
(f) Removal of vegetation - The cutting or removal of native trees, shrubs, or
other vegetation outside of areas used for access, except as necessary for fire
protection, elimination of diseased growth, and restoration of native plant
communities and fisheries resources, education, or research purposes.
(g) Sedimentation - Any use that would cause, increase or substantially add to the
deposition of sediment in or around the riparian areas covered by this
Easement.
(h) Trash - The placement, collection, or storage of trash, human waste, ashes,
chemicals, hazardous or toxic substances, or any other unsightly material on
the Property.
4. Acceptable Uses. The use of the Property is strictly limited by this Easement to the
following uses (the "Acceptable Uses"):
(a) The passive enjoyment of scenic open space, and the enhancement of native
plan communities and fisheries resources through restoration activities
approved by the Grantee.
(b) The use ofthe Property for educational and research activities.
(c) Such other uses as are permitted as exceptions to the Prohibited Uses listed
under Paragraph 3, above and the activities described in Paragraph 5, below.
')
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Deed of Conservation Easement
5. Reserved Ri2hts. Grantor reserves to itself, and to its personal representatives, heirs,
successors, and assigns, all rights accruing from its ownership of the Property that are not
expressly prohibited herein and are not inconsistent with the purpose of this Easement, including
the right to engage in or pennit or invite others to engage in uses of the Property. Without
limited the generality of the foregoing, the following rights are expressly reserved:
(a) Activities related to passive open space use including education, research, and
nature watching.
(b) Activities related to natural resource restoration, including installation of
native plants, maintenance of native plants and removal of exotic plants.
(c) Activities necessary to prevent or repair an emergency that could be caused by
fire, landslide or other immediate threat to the Property, or to the health and/or
safety of persons, provided the prior written consent of Grantee is obtained by
Grantor, unless immediate action is required to correct the emergency
situation.
6. Access. No right of access by the general public to any portion of the Property is
conveyed by this Easement.
7. Costs and Liabilities. Grantee shall have all responsibility and shall bear all costs
and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the
Property, including the maintenance of adequate comprehensive general liability insurance
coverage. Grantee shall keep the Property free of any liens arising out of any work perfonned
for, materials furnished to, or obligations incurred by Grantor.
8.1 Taxes. Grantee shall pay before delinquency all taxes, assessments, fees, and charges
of whatever description levied on or assessed against the Property by competent authority
(collectively "taxes"), including any taxes imposed upon, or incurred as a result of this
Easement, and shall furnish Grantor with satisfactory evidence of payment upon request.
8.2 Hold Harmless. Grantee shall hold hannless, indemnify, and defend Grantor and its
members, directors, officers, employees, agents, and contractors and the hei!s, personal
representatives, successors, and assigns of each of them (collectively "Indemnified Parties")
from and against aU liabilities, penalties, costs, losses, damages, expenses, causes of action,
claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising
fonn or in any way connected with: (1) injury to or the death of any person, or physical damage
to any property, resulting from any act, omission, condition, or other matter related to or
occurring on or about the Property, regardless of cause, unless due solely to the negligence of
any of the Indemnified Parties; (2) the obligations specified in Paragraphs 8.0 and 8.1, above;
and (3) the existence or administration of this Easement.
9.0 Condemnation. If the Easement is taken, in whole or in part, by exercise of the
power of eminent domain, Grantee shall not be entitled to compensation in accordance with
applicable law under the valuation method.
)
40f9
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Deed of Conservation Easement
10. Assh~nment of Grantee's Interest. In the event the Grantee ceases to do business,
Grantee may transfer the Easement created by this grant deed only to an organization that, at the
time of transfer, is a "qualified organization" under Section 170(h)ofthe U.S. Internal Revenue
Code, the applicable regulations promulgated thereunder and under Section 815.3(a) of the Civil
Code of California. In selecting an appropriate transferee entity, the criteria shall be to find a
qualified agency or organization with an open space conservation purpose, which has board,
staff, or consultants with practical natural resource management experience, and which agency or
organization expressly agrees to assume the responsibility imposed on the Grantee by this
Easement and such qualified agency shall be chosen over one which is not so qualified. If such
agency or organization cannot be found using reasonable efforts, or is not suitable for any
reason, then another qualified agency or organization which expressly agrees to assume the
responsibility imposed on the Grantee by this Easement may be selected. Grantor shall be
provided notice of any proposed transfer and information about proposed transferee(s).
11. Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in
any deed or other legal instrument by which it divests itself of any interest in all or a portion of
the Property, including, without limitation, a leasehold interest. Grantor further agrees to give
written notice to Grantee ofthe transfer of any interest at least twenty (20) days prior to the date
of such transfer. The failure of Grantor to perform any act required by this paragraph shall not
impair the validity of this Easement or limit its enforceability in any way.
12. Estoppel Certificates. Upon request by Grantor, Grantee shall within twenty (20)
days execute and deliver to Grantor any document, including an estoppel certificate, which
certifies Grantor's compliance with any obligation of Grantor contained in this Easement and
otherwise evidences the status of this Easement as may be requested by Grantor.
13. Notices. Any notice, demand, request, consent, approval, or communication that
either party desires or is required to give to the other shall be in writing and either served
personally or sent by first class mail, postage prepaid, addressed as follows:
To Grantee: Lucia Mar Unified School District
Attn: Mike Sears, Superintendent
602 Orchard Street
Arroyo Grande, CA 93420
To Grantor: City of Arroyo Grande
Attn: Mr. Steven Adams, City Manager
214 E. Branch Street
Arroyo Grande, CA 93420
')
50f9
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Deed of Conservation Easement
or to such other address as either party from time to time shall designate by written notice to the
other.
14. Recordation. Grantee shall record this instrument in timely fashion in the official
records of San Luis Obispo County, California, and may re-record it at any time as may be
required to preserve its rights in this Easement.
15. General Provisions.
(a) Controlling Law. The interpretation and perfonnance of this Easement shall be
governed by the laws of the State of California.
(b) Liberal Construction. Any general rule of construction to the contrary
notwithstanding, this Easement shall be liberally construed in favor of the grant to affect the
purpose of this Easement and the policy and purpose of Civil Code Sections 815 et seq. If any
provision in this instrument is found to be ambiguous, an interpretation consistent with the
purpose of this Easement that would render the provision valid shall be favored over any
interpretation that would render it invalid.
(c) Severability. If any provision of this Easement, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this Easement,
or the application of such provision to persons or circumstances other than those as to which it is
found to be invalid, as the case may be, shall not be affected thereby.
(d) Entire Agreement. This instrument sets forth the entire agreement of the parties
with respect to the Easement and supersedes all prior discussions, negotiations, understandings,
or agreements relating to the Easement, all of which are merged herein. No alteration or
variation of this instrument shall be valid or binding unless contained in a written amendment
signed by the Parties hereto.
(e) No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of
Grantor's title in any respect.
(f) Joint Obligation. The obligations imposed by this Easement upon Grantors shall
be joint and several.
(g) Successors. The covenants, tenns, conditions, and restrictions of this Easement
shall be binding upon, and inure to the benefit of, the Parties hereto and their respective personal
representatives, heirs, successors, and assigns and shall continue as a servitude running in
perpetuity with the Property.
(h) Tennination of Rights and Obligations. A party's rights and obligations under
this Easement tenninate upon transfer of the party's interest in the Easement or Property, except
that liability for acts or omissions occurring prior to transfer shall survive transfer.
,
60f9
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Deed of Conservation Easement
(i) Captions. The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this instrument and shall have no effect upon
construction or interpretation.
(j) Counterparts. The Parties may execute this instrument in two or more
counterpartst which shall, in the aggregate, be signed by both parties; each counterpart shall be
deemed an original instrument as against any party who has signed it. In the event of any
disparity between the counterparts produced, the recorded counterpart shall be controlling.
(k) Subordination. Grantor shall cause any and all trust deed beneficiariest mortgages
and other lienholders with respect to any part of the Property, which interests exist as of the date
that this Easement is recorded, to subordinate all such interest in the Property to all the tenns and
restrictions of this Easement. All interest in the Property acquired after the effective date of this
Easementt including security interests of trust deed beneficiaries, mortgages and other
lienholders, shall be taken subject to all tenns and restrictions of this Easement, and Grantor
shall give Grantee prior written notice of the attachment of such interest of the Property.
TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever.
IN WITNESS WHEREOF Grantors and Grantee have set their hands on the day and year first
written above.
Grantee
~ ~
Mike Sears .
Superintendent
Grantor
Steven Adams
City Manager
')
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Deed ofConselVation Easement
Exhibit A. Legal Description of Pr~perty Subject to Easement
Parcell:
Parcel A of Parcel Map No. AG-75-388 in the City of Arroyo Grande, County of San Luis
Obispo, State ofCalifomia, according to Parcel Map recorded December 12, 1975 in book 18,
Page 75 of Parcel Maps.
Parcel 2:
Parcel D of Parcel Map No. AG-77-01 in the City of Arroyo Grande, County of San Luis
Obispo, State ofCalifomia, according to Parcel Map recorded March 15, 1977 in Book 22, Page
57 of Parcel Maps.
Assessor's Parcel No: 007,511,026
)
80f9
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Deed of Conservation Easement
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On ItUGfA.ST It}, J.o03 . before me, ;4;;7- L V Wc:T717 oee: ,Notary
Public, personally appeared MIKE SEARS, personally known to me or proved to be on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and that by her
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
WITNESS my hand and official seal.
Si~ture ~~LAJ2J~
FOR NOTARY STAMP
J ij"- .~ :;,;'; :ri..~IU!- .. f
_ Commission It 128928
I' Notary PubRc - California f
j SOn luls Obispo County f
. MyComm. &pies .Jan:ll2m5
__ ___ _ ___ ""t""'r.... .-.IT" .-,- ___ ___ __ __ _
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On , before me, , Notary
Public, person~lly appeared STEVEN ADAMS, personally known to me or proved to be on the
basis of satisfactory evidence to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized capacity, and that by his
signature on the instrument the person, or the entity upon behalf of which the person acted,
executed the instrument.
i
WITNESS my hand and official seal.
Signature
FOR NOTARY STAMP
)
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A TT ACHMENT 2
1U1Jia cMa'l runifiE-J dahool !])i~t'lic1
602 Orchard Street, Arroyo Grande, CA 93420
(805) 474-3000 x1080 Fax: (805) 481-1398
ARROYO GRANDE NIPOMO GROVER BEACH OCEANO PISMO BEACH
OFFICE OF THE SUPERINTENDENT
May 28, 2003
Mr. Rob Strong
Community Development Director
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA. 93420
Re: Lucia Mar Unified School District "Off-Site Mitigation Plan" for the Hidden Oaks
Elementary School at Village Glen Homes, Tract #2265, Lot 41
Dear Rob,
We are in need of your assistance to finalize the "Off-Site Mitigation" for the Red-legged frog
habitat as related to the acquisition of the new school site located in the Village Glen Homes
Subdivision. In the Conditions of Approval from the City, an item was specified that an
Army Corp of Engineers Permit be obtained prior to the commencement of grading on the
school site. Initially this consisted of a "creek crossing permit" which was obtained in 2000.
Subsequent to this event, in March of2001, the Red-legged Frog was placed on the
Endangered Species List and the project was halted until the governmental agencies decided
on a course of action for this endangered species.
In cooperation with Village Glen Homes we were able to locate the off-site mitigation on
what we believed to be a part of the Paulding Middle School. The enhancement project was
located at the rear of the school and was located more specifically at the top of the creek bank
and commencing down to the upper line of the creek bed. We have attached a copy of the
approved mitigation site for your information. All agencies (Army Corp. of Engineers,
United States Fish and Wildlife Service, California Department ofFish and Game and the
National Marine Fisheries) approved this site for enhancement and mitigation. The area
impacted by this endangered species incorporates a 90,000 square mile area. We did not have
any frogs located on our site and we provided documentation that any frogs located in the
Arroyo Grande Creek could not access our site; yet despite this Biologist Report,
acknowledged as accurate by all agencies, we were required to provide an off-site
enhancement of3 to 1 as a result of being located in the 90,000 square mile area.
On August 7,2001 our Governing Board granted to "The Land Conservancy of San Luis
Obispo" a conservation easement that was required by the Corp. of Engineers to be held
by a third party for the benefit of the "People of Arroyo Grande, the People of San Luis
Obispo County and the People of the State of California."
---_._-_.,-~.
Mr. Rob Strong/City of Arroyo Grande
Re: "Off-Site Mitigation Plan" for the Hidden Oaks Elementary School at Village Glen
Homes
May 28, 2003
The mitigation was completed at a cost of $50,484.52, which was paid for by Village Glen
Homes as a requirement of our purchase agreement for the school site. This included a
donation to the Land Conservancy and also a maintenance contract for maintaining the site
through December 2005 as required.
After the work was completed on the site and approved by the monitoring Biologist and the
Land Conservancy, the easement was recorded from the School District to the Land
Conservancy. Approximately six months after what we believed to be closure of the issue,
the County of San Luis Obispo informed us that the City of Arroyo Grande owned the site by
a parcel map recorded in 1975. The parcels" 'A' Arroyo Grande Creek Area Dedicated to
the City of Arroyo Grande" and, " 'D' Dedicated to the City of Arroyo Grande for Greenbelt
and Park Purposes" now have the mitigation placed upon them. After researching the County
Recorders assessment we have confirmed that we did not own the property to transfer to the
Conservancy.
Weare working with the Land Conservancy to clear up this issue. There appear to be two
options as a solution: (1) The City of Arroyo Grande to grant to the school district the same
document as we recorded enabling us to re-record our original conservation easement, or,
(2) the City of Arroyo Grande grant the conservation easement directly to the Land
Conservancy in the exact form as we did (attached is a copy of the Conversation Easement).
Our goal is to finalize this issue so the Land Conservancy can file the required annual report
to the governing agencies as soon as possible.
If you have any questions please feel free to contact either Gary Young of Village Glen
homes or myself.
~~
Mike Sears
Superintendent- Elect
MS:jw
c: Bob Hill, The Land Conservancy of San Luis Obispo
Gary Young, Village Glen Homes
Attachment
_._..._0.____
..-
. A TT ACHMENT 3
The Lind
09 June 2003 COnservancy
Mr. Mike Sears, Superintendent-Elect RECEIVED
Lucia Mar Unified School District ; iY ~ . '1. Ii'
602 Orchard Street 'e i hi .i.. f..J ,-_ uJ
Arroyo Grande, CA 93420 CITY UF ARHJYO GRANDE
COMMUNiTY DEVELOFtviENT DEPi .
RE: Arroyo Grande Creek Conservation Easement behind Paulding Middle School _
Clarification of monitoring, maintenance, and reporting responsibilities
Dear Mike,
Thank you for forwarding a carbon copy of the correspondence between yourself and Mr.
Rob Strong of the City of Arroyo Grande Community Development Department, dated as
of28 May 2003, in which you request the City's assistance in curing the invalid
conservation easement interest that was granted to the Land Conservancy of San Luis
Obispo County. Although we are in agreement with the two options proposed as
solutions, I wanted to take a few moments to clarify certain aspects of the letter.
The first paragraph on page two discusses the amount invested in performing the
mitigation, and goes on to state, "This included a donation to the Land Conservancy and
also a maintenance contract for maintaining the site through December 2005 as required."
This sentence is perhaps a little confusing. Yes, the Land Conservancy received a
donation for our conservation easement legal defense fund, but we are not under contract
to perform maintenance on the site until 2005.
In the second to last paragraph of the letter, it states, "Our goal is to finalize this issue so
that the Land Conservancy can file the required annual report to the governing agencies
as soon as possible." As with the maintenance mentioned above, the Land Conservancy
is also not responsible for the reporting aspects of this project.
Based on the two paragraphs that I have outlined ftom the letter, it appears that confusion
has arisen regarding the Land Conservancy's responsibilities relative to the subject
mitigation. When we agreed to accept the donation of the conservation easement in order
to help the school district move along with their new project, we made it clear that our
obligation to monitor the terms of the easement itself were separate ftom any other
requirements that may exist pertaining to the mitigation project. In short, the Land
Conservancy is under no contract or agreement whatsoever to perform the monitoring,
remedial maintenance, and reporting aspects of the native plant and bank stabilization
project that was installed within the easement area for the purpose of compensatory
mitigation.
I spoke with Mr. Gary Young via telephone correspondence on 09 June 2003, in which
he confirmed that it is his understanding, as well, that the Land Conservancy is not
responsible for the monitoring, maintenance, and reporting aspects of the mitigation
project.
THE LAND CONSERVANCY OF SAN LUIS OBISPO COUNTY
P. O. Box. 12206, SAN LUIS OBISPO, CA 93406
805-544-9096 · 805-544-5122 FAX · Lceu SPECIAL-PLACES.ORG . WWW.SPEClAL-PLAUSORC
Another aspect of the letter that I would like to clarify is the proposed solutions for curing
the invalid conservation easement. Under either solution, the owner in fee of the property
will remain the City of Arroyo Grande. This is fine with us, but it should be known that
if any breach of the terms of the easement should occur, we would need to enforce those
terms against the City as the owner in fee, even if the grantor of the easement is the
school district. It is our understanding that the City is not able to relinquish fee title to
the property due to other conditions, and as such there is no other solution that will avoid
the above-mentioned scenario. However, we do want to make this peculiarity known to
all parties involved.
It is my hope that the above discussion helps bring some clarity to what has ripened into a
fairly complex situation. Should you have any questions or wi5h to discuss this further,
please do not hesitate to contact me at (80S) 544-9096. Thank you for your
consideration.
Sincerely,
dj~ !-LIt"
Robert A. Hill
Conservation Planning Associate and Project Manager
CC: Mr. Gary Young, Village Glen Homes
Mr. Rob Strong, City of Arroyo Grande ..,/
,
8.0.
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~S::.
SUBJECT: CONSIDERATION OF AGREEMENT AFFECTING REAL PROPERTY
BETWEEN THE CITY AND CASA GRANDE MOTEL AND RESTAURANT
REGARDING DECK AND TRAIL EASEMENTS
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council approve the attached Agreement Affecting Real Property
with Ray Bunnell, owner of Casa Grande Motel and Restaurant, for a deck encroachment
easement, subject to a grant to the City of trail and overlook easement and construction of
trail improvements on adjoining portions of private land.
FUNDING:
The proposed improvements will be constructed and maintained at private expense and no
significant routine public maintenance of the nature trail is required.
DISCUSSION:
Mr. Ray Bunnell, the property owner of Casa Grande Motel and vacant restaurant building on
Oak Park Boulevard north of West Branch Street ponding basin on Meadow Creek, has
requested an encroachment permit/easement a long t he north edge 0 f the City parcel. To
remodel and enhance the restaurant, he proposes to build an above grade private deck and
public overlook to the storm drainage pond and wetland at the top of the slope bank adjoining
the restaurant's south elevation. The deck would include removable or hinged panels to
facilitate access to an underground 8" water main that parallels the property line on City
property.
As consideration for the requested private deck encroachment easement, staff negotiated to
obtain a public overlook and a segment of trail easement across private property and private
improvement of a six foot wide decomposed granite pathway along or adjoining the top of the
bank and the east boundary of the motel parcel. This trail would extend from the new
overlook to the Meadow Creek pedestrian bridge connecting to the KmartlOak Park Plaza
shopping center parking lot, and would also connect to the recently acquired Sheppel
property trail easement that extends along the top of the west bank of Meadow Creek to
James Way (Sheppel is preparing an improvement plan including a similar trail adjoining the
medical office and fitness facility parking lot). A mixed-use phase 3 development of the
Sheppel property is also in planning stages. The trail would be accomplished as soon as the
CITY COUNCIL
CONSIDERATION OF AGREEMENT AFFECTING REAL PROPERTY BETWEEN THE
CITY AND CASA GRANDE MOTEL AND RESTAURANT REGARDING DECK AND TRAIL
EASEMENTS
AUGUST 26, 2003
PAGE 2
pending parking and driveway improvement agreement is presented to the City, or deferred
until phase 3.
Mr. Bunnell has also offered to construct a handicap access ramp at the east end of the
pedestrian bridge if the City can obtain Oak Park Plaza property owner permission, so the
trail can be bike and wheelchair accessible. Staff will review plans and propose appropriate
trail signage to assure that the public trail is identified and its design compatible with its
sensitive natural environmental setting. It will not involve any tree removals, landscape
planting, or City maintenance responsibilities. As noted in the Agreement, the City has the
right to revoke the Agreement if necessary.
Private construction of the trail improvements and overlook on City property and grant of trail
easement on private property a re considered sufficient compensation for the private deck
encroachment easement onto City property. No other beneficial use or conflicting City use is
possible due to the edge location, water line easement, and environmentally sensitive
Meadow Creek top of bank setting. The recommendations will accomplish both City
economic development and open space goals.
AL TERNA TIVES:
The following alternatives are provided for Council's consideration:
. Approve and authorize the City Manager to sign the agreement, enabling
requested encroachment easement subject to conditions and improvements
recommended by staff;
. Modify conditions and direct staff and applicant to return with a revised agreement;
. Reject proposal and leave this segment of Meadow Creek without an open space
trail system (except existing bridge crossing); or
. Defer decision and/or provide direction to staff.
Attachments:
1. Letter from Ray Bunnell requesting deck and overlook.
2. Site plan of Casa Grande Motel and Restaurant.
S:\COMMUNITY _ DEVELOPMENT\CITY _ COUNCIL\2003\08-26-Q3\08-26-03 cc sr Casa Grande Easement.doc
AGREEMENT AFFECTING REAL PROPERTY
This Agreement is made this _ day of August, 2003, by and between the City of Arroyo
Grande ("City"), a Municipal Corporation formed in accordance with the laws of the State of
California and Ray Bunnell ("Bunnell"), a single man, based on the following facts and
circumstances:
A. City is the owner of real property identified as Assessor's Parcel Number 007-
771-059 (the "City Property") as more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference; and
B. Bunnell is the owner of real property identified as Assessor's Parcel Number 007-
771-064 (the "Bunnell Property") as more particularly described in Exhibit "B" attached hereto
and incorporated herein by this reference; and
C. Bunnell has requested that the City allow him to use a portion of the City Property
to construct a patio deck (the "Deck") to enhance and improve a restaurant sited on the Bunnell
Property; and
D. City operates a municipal water system and there is an eight inch (8") water
pipeline (the ''water line") located in and running through the City Property; and
E. City is willing to grant Bunnell a Revocable License to use a portion of the City
Property on the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the Premises the parties do hereby agree as follows:
1. The recitals set forth above are true, correct and incorporated herein.
2. City hereby grants to Bunnell a revocable license to construct a Deck that
encroaches into a portion of the City Property as generally depicted in Exhibit "c" attached
hereto and incorporated herein by this reference.
3. Bunnell agrees to design the Deck in a manner that will facilitate its quick and
easy removal so as to allow prompt access to the water line. Bunnell shall submit detailed plans
and specifications for construction and installation of the Deck for approval by City and shall
obtain all necessary permits and comply with all relevant provisions of the law related thereto.
4. Bunnell agrees that in constructing the Deck he shall comply with any instructions
and guidance from City intended to prevent damage to the existing water line located in the City
Property.
5. Bunnell agrees to remove the Deck and all related appurtenances, should City so
request, in order to gain access to the water line or to maintain, repair or re-construct the water
line and any appurtenances related thereto; Bunnell shall remove the Deck and all personal
property therein within twenty (20) days of written notice from City, unless City notifies Bunnell
of an emergency necessitating removal in a shorter time period. Should Bunnell fail to remove
the structure within the time frame specified in the written notice from City, City in its sole
discretion, may elect to remove the Deck and any other encroachments on the City Property and
shall recover all costs and expenses for such removal from Bunnell.
6. Bunnell agrees to pay for any and all costs for the maintenance, repair, or
restoration ofthe City Property (and/or facilities and improvements therein) resulting from or
caused by, in whole or in part, the construction, re-construction, repair, installation, use or
maintenance of the Deck and appurtenances located on or in the City Property.
7. In consideration for the license herein granted, Bunnell agrees to grant to City a
permanent Public Trail/Access Easement (the "Trail Easement") in the portion of the Bunnell
Property as described in Exhibit "D" attached hereto and incorporated herein by this reference.
8. Bunnell agrees to improve, construct and maintain a trail in the Trail Easement
according to the plans approved in writing by City attached hereto as Exhibit "E" and
incorporated herein by this reference.
2
9. Bunnell shall indemnify, defend, and hold harmless the City and its officers,
officials, employees and agents, from and against any and all claims asserted, liability, loss,
damage, expense, costs (including without limitation costs and fees of litigation) of every nature
arising out of, directly or indirectly, or in connection with this Agreement or the acts or
omissions of Bunnell, Bunnell's subcontractors, employees, representatives, agents, invitees and
guests and patrons of the restaurant (or any other commercial establishment on the Bunnell
Property) including, but not limited to, perfonnance of the work hereunder or failure to comply
with any of the obligations contained in herein, except such loss or damage which was caused by
the established active negligence of City or the established sole negligence or willful misconduct
of City, its officers, officials, employees and agents. Said indemnification and hold harmless
provisions shall be in full force and effect regardless of whether or not there shall be insurance
policies covering and applicable to such liability, loss, damage, expense or cost.
10. Bunnell shall not commence work under t his Agreement until it has 0 btained all
insurance required under this section and such insurance shall have been approved by City as to
fonn, amount and carrier:
a. Public Liability and Propertv Damage Insurance. Bunnell shall take out and
maintain during the life of this Agreement such public liability and property damage insurance as
shall protect City, its elective and appointive boards, officers, agents and employees, and Bunnell
and any agents and employees perfonning work covered by this Agreement from claims for
damages for personal injury, including death, as well as from claims for property damage which
may arise from the existence or use of the Deck or from Bunnell's or any subcontractor's operations
under this Agreement, whether such operations be by Bunnell or by anyone directly or indirectly
employed by Bunnell and the amounts of such insurance shall be as follows:
(1) Public Liability Insurance. In an amount not less than $1,000,000 for
injuries, including, but not limited to, death to anyone person and, subject to the same limit for each
person, in an amount not less than $1,000,000 on account of anyone occurrence:
3
(2) ProPerty Damage Insurance. In an amount of not less than
$1,000,000 for damage to the property of each person on account of anyone occurrence.
(3) Comprehensive Automobile Liability. Bodily injury liability
coverage of $1,000,000 for each person in anyone accident and for injuries sustained by two or
more persons in anyone accident. Property damage liability of $1 ,000,000 for each accident.
(4) Workers' Compensation Insurance. In the amounts required by law.
b. Deductibles and Self-Insured Retentions. Any deductible or self-insured
retention must be declared to, and approved by, City. City may require that either the insurer reduce
or eliminate such deductibles or self-insured retentions as respects City, its elected or appointed
officials, employees, agents or volunteers.
c. Proof of Insurance. Bunnell shall furnish City, concurrently with the
execution hereof, with satisfactory proof of carriage of the insurance required, and adequate legal
assurance that each carrier will give City at least thirty (30) days' prior notice of the cancellation of
any policy during the effective period of this Agreement. The certificate or policy of liability of
insurance shall name City as an additional insured with Bunnell.
11. No waiver by a party of any provision of this Agreement shall be considered a
waiver of any other provision or any subsequent breach of the same or any other provision,
including the time for perfonnance of any such provision. The exercise by a party of any remedy
provided in this Agreement or at law shall not prevent the exercise by that party of any other
remedy provided in this Agreement or at law.
12. Should any provision of this Agreement be held by a court of competent
jurisdiction or by a legislative or rule making act to be either invalid, void or unenforceable, the
remaining provisions of this Agreement shall remain in full force and effect, unimpaired by the
holding, legislation or rule.
4
13. This Agreement constitutes the entire agreement between the parties and
supersedes all prior discussions, negotiations and agreements whether oral or written. Any
amendment to this Agreement, including an oral modification supported by new consideration,
must be reduced to writing and signed by both parties before it will be effective.
14. This Agreement inures to the benefit of, and is binding upon, the parties, their
respective heirs, successors and assigns.
15. Masculine, feminine or neuter gender and the singular and the plural number,
shall each be considered to include the other whenever the context so requires. If either party
consists of more than one person, each such person shall be jointly and severally liable.
16. This Agreement and all matters relating to this Agreement shall be governed by
the laws of the State of California in force at the time any need for the interpretation of this
Agreement or any decision or holding concerning this Agreement arises.
17. All notices and demand shall be given in writing either by personal service or by
registered or certified mail, postage prepaid, and return receipt requested. Notice shall be
considered given forty-eight (48) hours after deposit in the mail. Notices shall be addressed as
appears below for each party, provided that if any party gives notice of a change of name or
address, notices to the giver of that notice shall thereafter be given as demanded in that notice.
CITY: City of Arroyo Grande
Attn: City Manager
P.O. Box 550
Arroyo Grande, CA 93421
BUNNELL: Ray Bunnell
141 Suburban Road, Suite A-5
San Luis Obispo, CA 93401
5
18. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one and the same instrument.
19. Each party and its counsel have participated fully in the review and revision of
this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in interpretation of this Agreement or any amendments or
exhibits thereto.
20. The Parties hereby represent that the individuals executing this Agreement are
expressly authorized to do so on and in behalf of the parties.
21. Amendments to this Agreement shall be in writing and shall be made only with
the mutual written consent of all of the Parties to this Agreement.
22. The Parties agree that a facsimile transmitted copy of this Agreement shall
constitute an original Agreement and may be relied upon by either party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.
6
...... '" ~
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By: - F* r
RAY Bt.TNNELI..
CITY OF ARROYO GRANDE
B)';
STEVEN ADAl\'IS
Cfty Manager
A TrEST:
KELLV WETMOIU;
Director of AdmfDI.trRt!vr 8e.rv.lce,
Deputy City Clerk
APPROVED A.B TO,FORM:
By: .
TIl\fOTBY J. CA&'\fEL
Cit)' Attorney
7
- ------
Aug 18 2003 17:31 VAUGHAN SURVEYS 8052385835 p.2
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EHlBIT C
That portioo of Lot 14 of'Pa1ce1 Map AG 79-840, in the aty of Arroyo Grande. CoUI1l;y of San Luis
Obispo. State of California, according to the map IUOrded October 3, 1980 in Book 29 at Page 79 of Parcel
Maps, fil~ in the office of the County Recorder of said County and Stale, more par1icuJarly dcscn"bed as
follows:
Beginning at the most Southedy comer of Parcel 2 of Parcel Map No. AG 82-35, in said City, County and
State. according to the map recorded June 25, 1982 in Book 32 at Page 31 ofParcc1 Maps. filed in the
office of the County Recorder of said County and State, thence along the line common to said Parcel 2 and
said Lot 14, North 74"04' IS' West, a distance of 140.00 feet;
Thence leaving said common line South 15055'45" West. a distance of 16.00 feet;
Thence South 74004 'IS" East, a distance of 105.00 feet;
Thence South 15055'45" West, a distance of 14.00 fect;
Thence South 74004'15" East. a distance of 35.00 feet;
Thence North 15055'45" East, a distance of 30.00 feet to the Poi"t of Beginning.
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-------.--
Au~ 18 2003 17:31 VAUGHAN SURVEYS 8052385835 p.3
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EXBIBIT "D"
That portion of Parcel 2 afParcel Map No. AG 82-3S, in the City of Arroyo Grande, County of San Luis
Obispo. State afCalifornia, according to1he map recorded JUJIC 2S, 1982 in Book 32 at Page 31 of Parcel
Maps. filed in the office of the County Recorder of said County and State, more particularly described as
follows:
Beginning at the most Easterly comer of said Parcel 2, thence along the Northerly line of said Parcel 2,
North 72048'59" West, a diSlaDcc of 8.00 feet;
Thence leaving said Northerly line, South 08028'27" East, a distaDcc of 16.62 feet to the Easterly line of
said Parcel 2;
Thence along said Easterly line, North 20~lS'3S" East. a distance of 15.00 feet, to the Point of /JegUuting.
Together with that portion oC Pan:e12 of said Parcel Map, more particUlarly described as foUaws:
Begbllllng at the most Southerly comer of Said Paroell, Thence along the Easterly line of said Parcell,
North 4S024'44"East, a distance ofl6.00 feet;
Thence leaving said Easterly line. North 73001'08" West. a distance of 24.53 feet;
Thence South 48054 'OS" West, a distance of 6.00 feet to the Southerly line of said Parcel 2;
Thence along said Southerly line. South 48056'0'" East, a distance of 22.00 feet to the PDint DfBegin"ing.
Aug 18 2003 17:31 VAUGHAN SURVEYS 8052385835 p.5
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A TT ACHMENT 1
July 15, 2003
Best Western
Casa Grande Inn
Rob Strong
Planning Director
City of Arroyo Grande
214 E. Branch
Arroyo Grande, CA 93420
RE: Best Western Casa Grande Inn
Wood Deck Encroachment/PubliC Trail
Dear Rob:
As recently discussed with you and other staff members, we are requesting permission to
construct wood decks on the south side of our restaurant building which would encroach into
City property overlooking the existing pond. ThiS would allow US to improve our restaurant
facility with outdoor dining and viewing areas, which we believe will greatly enhance the
restaurant's appeal.
We envision an encroachment area of approximately 16 feet wide adjacent to the building, and
an area approximately 30' by 30' at the southeast corner of our property. The southeast area
would be used as a pond viewing deck and multipurpose area accessible to the public via the
Meadow Creek Bridge and City trail. We would provide an easement as needed for access by
the publiC.
Casa Grande currently maintains and irrigates the landscaping in this proposed encroachment
area, and apparently has since the original construction in 1985. We also irrigate and
maintain landscaping on City property along the creek side of our property. As part of our
proposal, we would continue to maintain these areas.
As compensation for an encroachment permit, we propose to construct, at our expense, a 6
foot wide decomposed granite public trail from the bridge to the Chapel property at our north
property line. This trail would be ,at the top of the creek bank adjacent to the Casa Grande
property. Easements would be provided on the Casa Grande property if needed to complete
the trail.
The decks that we propose adjacent to the restaurant would straddle an existing City water
main. Therefore we propose to construct these decks in a panelized manner that would be
easily removed if access to the water main were required.
We believe this would be a beneficial project for both the City and Casa Grande Inn and
request your approval.
Sincerely, .,".
. ..' / ..-.....y
2.~~~i: ./7
'-,/ Ray Bunnell
Owner, Casa Grande Inn
RB:gb
850 Oak Park Road
Arroyo Grande. CA 93420
(605) 481-7398 Fax (805) 481-4859
For Reservations Call 1-800-528-1234
Be5t Western \-totels ale jndependenlly oWflcd and operaled
19155475977 RAY BUNNELL A TT ACHMENT 2
01/06/2000 09:24
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MEMORANDUM
TO: CITY COUNCIL
FROM: STEVEN ADAMS, CITY MANAGE~
SUBJECT: CONSIDERATION OF SETTLEMENT AGREEMENT BETWEEN
NORTHERN CITIES AND PARTIES OUTSIDE THE NORTHERN
CITIES' AREA REGARDING SANTAMARIA GROUNDWATER
LITIGATION
DATE: AUGUST 26, 2002
RECOMMENDATION:
It is recommended the City Council approve and authorize the Mayor to execute
the attached Settlement Agreement between the Northern Cities and Parties
Outside the Northern Cities' Area regarding the Santa Maria Groundwater
Litigation.
FUNDING:
There is no direct cost to the City from the Settlement Agreement. It is hoped it
will help lead to future resolution of the case, which would reduce ongoing
expenditures for the litigation.
DISCUSSION:
Nossaman, Guthner, Knox & Elliott, LLP, attorneys representing the City in the
Santa Maria Groundwater Litigation, have recommended the City approve the
attached settlement agreement with parties outside our Northern Cities' Area.
The agreement is almost identical to the settlement agreement with the
landowners in the Northern Cities' Area. The substantive differences are that the
new agreement omits the lengthy provisions regarding the Technical Oversight
Committee and the provisions for sharing water within the Northern Cities' Area.
The key points of the agreement are that the Northern Cities' Area shall be
independently managed from the rest of the basin, that the Northern Cities will
not be responsible to pay the costs of remediating the Twitchell Reservoir, and
that the Northern Cities and the settling landowners will cease the dispute unless
there are changed hydrological circumstances in the future.
Since some landowner groups are not expected to sign the agreement, it will not
likely result in a final end to the litigation at this time. However, the attorneys feel
CITY COUNCIL
SETTLEMENT AGREEMENT BETWEEN NORTHERN CITIES AND PARTIES
OUTSIDE THE NORTHERN CITIES' AREA REGARDING SANTAMARIA
GROUNDWATER LITIGATION
AUGUST 26, 2003
PAGE 2
it will be beneficial to the cities by reducing the cities' legal exposure and helping
to convince the court to reduce their role in the case.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Approve the attached Settlement Agreement between the Northern
Cities and Parties Outside the Northern Cities' Area regarding the
Santa Maria Groundwater Litigation;
- Do not approve the Agreement;
- Provide staff direction.
Attachments:
1. Settlement Agreement Between Northern Cities and Parties Outside
the Northern Cities' Area
1 NOSSAMAN, GUTHNER, KNOX & ELLIOTT, LLP
Frederic A. Fudacz, State Bar No. 50546
2 Henry S. Weinstock, State Bar No. 89765
Alfred E. Smith, State Bar No. 186257
3 445 South Figueroa Street, 31st Floor
Los Angeles, California 90071
4 Telephone: (213) 612-7800
Facsimile: (213) 612-7801
5
Attorneys for Defendants City of Arroyo Grande,
6 City of Grover Beach, City of Pismo Beach, '
Oceano Community Services District
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SANTA CLARA
10 SANTA MARIA VALLEY WATER ) SANTA MARIA GROUNDWATER
CONSERVATION DISTRICT, a public ) LITIGATION, LEAD CASE No. CV 770214
11 entity, ) (Consolidated with CV 784900,784921,
) 784926,785509,785511,785515,785522,
12 Plaintiff, ) 785936,786971,787150,787151,787152,
) 990738,990739)
13 v. )
)
14 CITY OF SANTA MARIA, et aI., ) SETTLEMENT AGREEMENT BETWEEN
) NORTHERN CITIES AND PARTIES
15 Defendants. ) OUTSIDE THE NORTHERN CITIES' AREA
)
16 )
AND ALL RELATED ACTIONS. )
17 )
18 This Agreement is entered into among the Cities of Arroyo Grande, Pismo
19 Beach, Grover Beach and the Oceano Community Services District (collectively "Northern
20 Cities") and landowners and water purveyors located outside of the Northern Cities' Area. This
21 Agreement is entered into as of August 15, 2003.
22 STIPULATIONS OF FACT
23 A. By Order dated December 21,2001, the Court determined the geographic
24 area constituting the Santa Maria Groundwater Basin ("Basin") and ruled that the Northern
25 Cities Area (identified on the map attached hereto as Exhibit A) is within the Basin;
26 B. Under current water supply and demand conditions, the groundwater
27 basin in the Northern Cities Area is in rough equilibrium, and groundwater pumping in the
28 Northern Cities Area does not negatively affect water supplies in the remainder of the Basin;
Northern Cities-frna-frnaf-8-15-03 -1-
SETTLEMENT AGREEMENT BETWEEN NORTHERN CITIES AND PARTIES OUTSIDE NORTHERN CITIES'
SUB-BASIN
_._--_._.~---
1 C. For more than 30 years, there have been separate funding, management
2 and usage of groundwater i!l the Northern Cities Area from groundwater in the Santa Maria
3 Valley. For example, the Northern Cities and Northern Landowners have paid and are paying
4 tens of millions of dollars for the construction and retrofit of the Lopez Reservoir, which
5 benefits the Northern Cities Area; whereas the Twitchell Reservoir has been paid for by parties
6 in the Santa Maria Valley.
7 D. The parties hereto have agreed to settle and resolve their cross-claims on
8 the basis of the continued separate funding, management, and usage of the waters conserved
9 by the Lopez Reservoir in the Northern Cities Area and by the Twitchell Reservoir in the
10 remainder of the Basin on the conditions set forth below:
11 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS
12 1. Separate Management Areas. Subject to the conditions set forth below,
13 water resources and water production facilities in the Northern Cities Area shall continue to be
14 independently managed by the Northern Cities, the San Luis Obispo County Flood Control and
15 Water Conservation District, and the Northern Landowners, with the intention of preserving the
16 long-term integrity of water supplies in the Northern Cities Area. The Area within the Basin
17 that is outside the Northern Cities Area shall continue to be independently managed by the
18 agencies responsible for that region and the landowners owning lands within that region.
19 2. Separate Financing Of Reservoirs. The Northern Cities will not be
20 responsible to pay for any of the costs of the Twitchell Reservoir; and the parties outside of the
21 Northern Cities Area (Zone 3) who sign this Settlement Agreement shall not be responsible to
22 pay any of the costs relating to the Lopez Reservoir.
23 3. Effects on Litigation. Except as provided below, the parties in the
24 Northern Cities and the other parties hereto agree not to prosecute or assert any claims in this
25 action against one another relating to water rights in the Santa Maria Groundwater Basin.
26 4. Court Approval. This Settlement Agreement shall be submitted to the
27 Court for approval. If approved, this Settlement Agreement shall be included in and attached
28 as an exhibit to the final judgment in this Action, and the Northern Cities Area shall be treated
Northern Cities-fina-final-8-15-03 -2-
SETTLEMENT AGREEMENT BETWEEN NORTHERN CITIES AND PARTIES OUTSIDE NORTHERN CITIES'
SUB-BASIN
---_.
1 separately under the judgment in accordance with the provisions set forth herein.
2 5. Conse~t to Continuing Jurisdiction. Prior to this Agreement, there has
3 been no adjudication of the water rights of the Northern Cities or any other party. Nothing in
4 this Agreement authorizes the Court to restrict or affect the right of any party to pump, divert,
5 use, or store groundwater or surface water without first according that party all of its
6 substantive, procedural, and due process rights under constitutional, statutory, and common
7 law requirements. Subject to the above, if the Court reserves and retains jurisdiction over the
.. 8 parties to this action, the parties hereto agree that the Court, upon noticed motion, may make
9 such further orders or directions (1) to interpret, enforce, amend, or amplify any of the
10 provisions of this Agreement; (2) to enforce, protect, or preserve the rights of the respective
11 parties, consistent with the terms of this Agreement; or (3) to issue such additional orders
12 and/or injunctions to prevent injury to any party resulting from any material adverse change in
13 the availability or quality of the water supplies in the Northern Cities Area, the Nipomo Mesa
14 Area, or any part of the Basin.
15 6. No Effect on Water Rights. Nothing in this Agreement shall be construed
16 to create, eliminate, increase, or reduce any substantive right of any party to pump, divert, use,
17 or store groundwater or surface water; and nothing in this Agreement shall be construed to
18 prove or disprove, directly or indirectly, any element of prescriptive rights to groundwater within
19 the Basin.
20 GENERAL PROVISIONS
21 7. No Third Party Beneficiary. Nothing in this Agreement, whether express
22 or implied, shall confer any rights or remedies on any persons other than the Parties to it and
23 their respective successors and assigns. Nothing in this Agreement shall relieve or discharge
24 the obligation or liability of any third parties to any Party to this Agreement.
25 8. Legal Capacity. The Parties warrant that all necessary approvals and
26 authorizations have been obtained to bind them, their successors and assigns to all terms of
27 this Agreement, and further warrant that the persons signing have authority to sign on behalf of
28 their respective Parties.
Northern Cities-fina-final-8-15-03 -3-
SETTLEMENT AGREEMENT BETWEEN NORTHERN CITIES AND PARTIES OUTSIDE NORTHERN CITIES'
SUB-BASIN
_.__._~._._-_._-----"
1 9. Amendment. No amendment to this Agreement will be binding unless it
2 is either signed by an autho~ized representative of all Parties hereto or approved by the Court
3 upon noticed motion.
4 10. Severability. If any provision of this Agreement is held invalid or
5 unenforceable by any court, it is the intent of the Parties that all other provisions of this
6 Agreement be construed so as to remain fully valid, enforceable, and binding on the Parties.
7 11. Counterparts. This Agreement may be executed in one or more
8 counterparts, each of which will be considered an original, but all of which together will
9 constitute one and the same instrument. Any party that is currently a party to this Action may
10 become a Party to this Agreement by signing it prior to the entry of judgment in this Action.
11 12. Meraer Clause. This Agreement supersedes and replaces all prior
12 settlement negotiations and agreements, written or oral. It is the complete, final, and exclusive
13 statement of the Parties' agreement. The Parties hereto acknowledge that no party, agent or
14 attorney of any Party has made any promise, representation or warranty whatsoever, express
15 or implied, not contained herein, to induce them to execute this Agreement. Each Party has
16 executed this Agreement in reliance on the advice of his/her or its own attorney.
17
Dated: ,2003 CITY OF ARROYO GRANDE
18
19 By:
Title:
20
Dated: ,2003 CITY OF GROVER BEACH
21
22 By:
Title:
23
24 Dated: ,2003 CITY OF PISMO BEACH
25 By:
Title:
26
27 Dated: ,2003 OCEANO COMMUNITY SERVICES DISTRICT
28 By:
Title:
Northern Cities-fina-final-8-15-03 -4-
SETTLEMENT AGREEMENT BETWEEN NORTHERN CITIES AND PARTIES OUTSIDE NORTHERN CITIES'
SUB-BASIN
-..,----'-.---
1 NORTHERN CITIES' SETTLEMENT AGREEMENT - SIGNATURE PAGE FOR
2 LANDOWNERS AND OTHER PARTIES OUTSIDE NORTHERN CITIES AREA
3
4
5 I have read this Settlement Agreement. I have obtained such legal advice or
other counsel regarding its terms as I deem appropriate. I understand and agree to its terms.
6
7
Dated: ,2003
8
9
Print Name of Landowner or Other Party
10
Title of Signer:
11
Signature:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Northern Cities-fina-final-8-15-03 -5-
SETTLEMENT AGREEMENT BETWEEN NORTHERN CITIES AND PARTIES OUTSIDE NORTHERN CITIES'
SUB.BASIN
_.._~--
8.q.
MEMORANDUM
TO: CITY COUNCIUREDEVELOPMENT AGENCY
FROM: STEVEN ADAMS, CITY MANAGER/EXECUTIVE DIRECTO~
SUBJECT: CONSIDERATION OF FIRST AMENDMENT TO THE PURCHASE
AND SALE AGREEMENT WITH E.F. MOORE & COMPANY FOR
POPLAR . STREET PONDING BASIN PROPERTY AND
IMPROVEMENTS
DATE: AUGUST 26, 2002
RECOMMENDATION:
It is recommended: 1) the Redevelopment Agency Board of Directors adopt and
authorize the Redevelopment Agency Executive Director to approve the attached
amendment to the purchase and sale agreement with E.F. Moore & Company for
the Poplar Street Ponding Basin property, expansion and improvements; and 2)
the City Council approve the expenditure of $26,150 from the Drainage Fund for
improvements to the Poplar Street Ponding Basin project.
FUNDING:
The cost of the proposed amendment is $26,150. At total of $40,000 was
approved in the FY 2003-04 Annual Budget from the Drainage Fund for
additional improvements to the ponding basin.
DISCUSSION:
E.F. Moore & Company received Planning Commission approval on March 4,
2002 for a Conditional Use Permit to construct the "Gateway" commercial
shopping center on the southeast corner of East Grand Avenue and Courtland
Street. A condition of the CUP was for the applicant to enter into an agreement
with the City for the Poplar Ponding Basin Expansion and related drainage
improvements. At the April 23, 2002 City Council meeting, the City Council
approved a Purchase and Sale Agreement and Joint Escrow Instructions for the
Poplar Street ponding basin expansion.
Under the Agreement, the applicant agreed to make the necessary
improvements to expand the ponding basin and to install inlet/pipeline
improvements to accommodate a potential drainage connection to E. Grand
Avenue and the Town & Country (Spencer's) Center on the north side of E.
Grand Avenue. The applicant also agreed to pay for his share of the basin
½
-.-- ---
CITY COUNCIL
FIRST AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH
E.F. MOORE & COMPANY FOR POPLAR STREET PONDING BASIN
AUGUST 26, 2003
PAGE 2
improvements to accommodate drainage from the proposed project ($140,000)
and for use of fill material for the project generated from the excavation of the
basin ($60,000). The Redevelopment Agency agreed to the purchase of the
ponding basin property with improvements ($600,000); to pay for landscaping
improvements to the ponding basin and installation of the inlet/pipeline
improvements ($100,000); and to assume maintenance of the ponding basin.
The project provides a benefit to both the Agency/City and private property
owners. The benefits to the Agency/City include providing better land use by
consolidating drainage into one basin rather than several, facilitating economic
development in the area, and providing an opportunity to eliminate the street
front basin at the Town & Country Center. The advantages to property owners
are that it will enable them to better utilize their property, will address drainage
requirements for future proposed projects, and will remove the need for ongoing
drainage facility maintenance. The Agency/City will be reimbursed for its share
of the costs of the project by charging current and future development projects on
neighboring undeveloped properties their share of the drainage improvements.
This will enable these property owners to meet their drainage requirements when
projects are proposed.
Since construction has begun on the project, a number of changes have
occurred which have caused an increase in the cost of the improvements. First,
due to the location of other utility lines, the depth required for installation of the
pipeline is greater than originally expected. This has resulted in an increase of
approximately $7,000 over the estimate that the original agreement was based
on. Second, the initial fencing identified did not include wrought iron on the east
side of the ponding basin. Staff now recommends wrought iron be included on
the full perimeter of the project at an increased cost of approximately $9,600.
Lastly, increased landscaping and irrigation has been requested in the ponding
basin, which resulted in an increased cost of approximately $9,400. Staff has
reviewed and verified these cost estimates.
Staff has also identified drainage improvements needed to the inlets at Poplar
Street. However, it is recommended the City pursue construction of these
improvements independently. Staff will likely present a bid for these inlet
improvements at the September 23rd meeting for City Council consideration.
Therefore, staff recommends the Redevelopment Agency approve the
modifications to the Agreement at this time to increase payment to the Seller of
the ponding basin property for the desired improvements and the City Council
authorize the additional expenditure from the funding budgeted for this project in
the Capital Improvement Program.
CITY COUNCIL
FIRST AMENDMENT TO THE PURCHASE AND SALE AGREEMENT WITH
E.F. MOORE & COMPANY FOR POPLAR STREET PONDING BASIN
AUGUST 26, 2003
PAGE 3
AL TERNA TIVES:
The following alternatives are provided for the Redevelopment Agency and
Council's consideration:
- Adopt and authorize the Redevelopment Agency Executive Director
to approve the attached amendment to the purchase and sale
agreement with E.F. Moore & Company for the Poplar Street
Ponding Basin property, expansion and improvements and
authorize the expenditure of $26,150;
- Modify and approve the amendment to the agreement;
- Direct staff to obtain separate bids for the improvements;
- Do not approve the amendment to the agreement;
- Provide staff direction.
Attachments:
1. First Amendment to Purchase and Sale Agreement and Joint Escrow
Instructions
(
FIRST AMENDMENT TO
PURCHASE AND SAL~ AGREEMENT AND JOINT ESCROW INSTRUCTIONS
This FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS (hereinafter referred to as the "First
Amendment") is made and entered into this of August, 2003, by and
between the ARROYO GRANDE REDEVELOPMENT AGENCY, a public body,
corporate and politic (hereinafter referred to as "BUYER") and the E.F. Moore
Company, a California corporation, (hereinafter referred to as the "SELLER").
WHEREAS, the parties entered into a Purchase' and Sale Agreement and
Joint Escrow In'structions dated April 23, 2002, (hereinafter collectively referred to
as the "Agreement") wherein SELLER agreed to sell the Real Property
(hereinafter referred to as the "Property") described in Exhibit A of the Agreement
to BUYER and BUYER agreed to buy the Property; and
WHEREAS, the parties hereby intend to amend the Agreement to reflect
changed circumstances and site conditions. I
NOW, THEREFORE, for good and valuable consideration the receipt and
adequacy of which js hereby acknowledged, the parties mutually agree as .
follows:
1. Section 15 of the Agreement shall be amended in its entirety as follows:
15. Disbursements Outside Escrow. Within three (3) business days
following the recordation of the Agency Deed of Trust in conformity with
Exhibit F hereto, and subject to the prior satisfaction of the Advance
Conditions the agency shall disburse to the Seller, as a loan, the sum of
Six Hundred Thousand Dollars ($600,000.00)( the "Loan Amount"). The
terms of such loan are described in the Agency Note. In addition,
commencing thirty (30) days after the later to occur of the Effective Date
or the commencement of construction of the Designated Improvements,
and provided that:. (i) the Seller has commenced and is diligently
prosecuting to completion the construction of the Designated
Improvements, ,and (ii) the Seller is not in default under this Purchase
Agreement, then Buyer will disburse to Seller the sum of One Hundred
Twenty-Six Thousand, One Hundred and Fifty Dollars ($126,150.00)(the
"Deferred Purchase Supplement") within five (5) business days following
completion of the Designated Improvements as determined by the
Executive Director. Prior to the disbursement of any moneys by Buyer
under. this Purchase Agreement, Buyer shall satisfy the "Advance
Conditions" as defined in Exhibit F hereto and Seller shall execute and
deliver to Buyer the Agency Note and shall execute the Agency Deed of
Trust and cause it to be recorded as to the Collateral as provided in
Exhibit E hereto.
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(.
2. Seller agrees to: plant landscaping improvements in the ponding basin to
include thirty-one (31) ~ve-gallon shrubs, two hundred and sixty-six (266) one-
gallon shrubs, twenty-three (23) fifteen-gallon trees, and twenty-nine (29) five-
gallon trees in accordance with .a landscape plan approved by the City Parks,
Recreation & Facilities Director; a'nd construct ornamental iron fence 6.feet tall by
8 foot long panels the full length of the east side of the ponding basin.
3. All other terms and conditions of the Agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, SELLER and BUYER have executed this
Amendment to the Agreement on the day and year first set forth above.
SELLER:
E.F. MOORE COMPANY
a California corporation
By: I
Name:
Its:
CITY:
ARROYO GRANDE REDEVELOPMENT
AGENCY
a public body corporate and politic
By:
Name: Steven Adams
Its: Executive Director
ATTEST:
Kelly Wetmore, Agency Secretary
Timothy J. Carmel, General Counsel
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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 on the following item:
Appeal of Tentative Tract Map 03-002 and Planned Unit Development 03-002;
Location - 1180 Ash Street; Appellant - Diane Bonifacio, et al.
The City Council will consider an appeal of the Planning Commission's approval of
Tentative Tract Map 03-002 and Planned Unit 03-002 (eight lots consisting of four (4)
duplexes ). In compliance with the California Environmental Quality Act (CEQA), the
Community Development Department has prepared a Mitigated Negative Declaration
(MND) on the above project. The Mitigated Negative Declaration is available for review at
the Community Development Department, City of Arroyo Grande. If the City Council
does not feel that a MND is appropriate, project approval will not be considered.
WHEN: TUESDAY, AUGUST 26,2003 -7:00 P.M.
WHERE: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
Any person affected or concerned by this application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be
heard in support of or opposition to the project and the environmental impacts at the time
of hearing.
Any person interested in the proposal can contact the Community Development
Department at 214 E. Branch Street, Arroyo Grande, California, during normal business
hours, 8:00 a.m. to 5:00 p.m. The project application is available for public inspection at
the above address.
If you challenge an item in court, you may be limited to raising only those issues you or
someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing. Failure of
any person to receive this notice shall not constitute grounds for any court to invalidate
the action of the legislative body for which the notice was given.
~~
u./ . I' (;' . .. ,!K-
Kelly W tm re, Director of Administrative Services!
Deputy City Clerk
Publish n, Friday, August 15, 2003
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
BY: RYAN FOSTER, ASSIST ANT PLANNER
SUBJECT: CONSIDERATION OF APPEAL OF PLANNING COMMISSION
APPROVAL OF TENTATIVE TRACT MAP 03-002 AND PLANNED UNIT
DEVELOPMENT 03-002; 1180 ASH STREET
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council adopt the attached Resolution, denying the appeal of
the Planning Commission's approval of Tentative Tract Map 03-002 and Planned Unit
Development 03-002 and refund of appeal fee, approving Tentative Tract Map 03-002
and Planned Unit Development 03-002, adopting a Mitigated Negative Declaration and
instructing the Director of Administrative Services to file a Notice of Determination.
FUNDING:
The appellants have requested the Council refund the appeal fee, which if approved,
would result in a loss of revenue in the amount of $195.
DISCUSSION:
Backaround
On July 15, 2003, the Planning Commission of the City of Arroyo Grande held a public
hearing to consider approval of Tentative Tract Map 03-002 and Planned Unit Development
03-002. After reviewing the proposal and considering public comments received during the
hearing, the Commission adopted a Resolution approving the project by a 5-0 vote
(Attachment 1). On July 25, 2003, an appeal of the Planning Commission's decision was
filed with the Director of Administrative Services (Attachment 2).
Proiect Summary
The applicant proposes to subdivide a 0.58-acre parcel located at 1180 Ash Street into eight
lots and construct four (4) duplexes, yielding a total of eight (8) single-family attached units
(Exhibit "B"). The applicant has proposed, as a condition of receiving a 25% density bonus,
to deed restrict two (2) of the units, making them affordable to homebuyers or renters in the
moderate-income category for thirty (30) years.
Issues Raised bv the Appellants
The letter submitted by the appellants lists four issues: removal of oak trees, on-site water
retention, waiver of water retrofit fees, and a refund of the appeal fee. The following
discussion addresses each of these points.
S:\COMMUNITY _DEVELOPMENT\PROJECTS\APL\03-003\APL_03-003_CC_RPT.doc
CITY COUNCIL
CONSIDERATION OF APPEAL OF PLANNING COMMISSION APPROVAL OF
TENTATIVE TRACT MAP 03-002 AND PLANNED UNIT DEVELOPMENT 03-002; 1180
ASH STREET
AUGUST 26, 2003
PAGE 2 OF 3
Removal of Oak Trees
The project plans show two oak trees on-site, one mature oak at the rear of the lot and one
fallen oak at the front of the lot. The Initial Study and Mitigated Negative Declaration
prepared for the project identified the removal of oak trees as a potentially significant impact
unless mitigated (Attachment 4). The project, as approved by the Planning Commission,
included a mitigation measure requiring the applicant to submit an oak tree replacement
program subject to approval by the Director of Parks, Recreation and Facilities.
During the public comment period of the Planning Commission hearing, Architectural
Review Committee member Chuck Fellows requested that the applicant be required to
redesign the project to save the mature oak. After discussing the issue, the Planning
Commission modified the mitigation measure, directing staff to work with the applicant and
investigate the feasibility of transplanting the oak to another site. If transplantation is not
feasible, the standard requirement of an oak tree replacement program shall apply.
The appellants' letter states that there is an additional oak tree on-site that was not identified
on the project plans. The mitigation measure stipulates that replacement trees shall be
provided for every oak tree that is to be removed. Since the City's arborist will inspect the
site before a tree replacement program is approved, any oak trees not identified on the
project plans will be included in the tree replacement program.
Water Retention
The project site is located in Zone A of the City's Drainage Master Plan, requiring all storm
water to be retained on-site. This issue was addressed in the Initial Study and Mitigated
Negative Declaration, which identified storm water runoff as a potentially significant impact
unless mitigated. The project, as approved by the Planning Commission, included a
mitigation measure requiring all storm water to be retained on site.
Detailed plans showing the method of retention were not presented to the Planning
Commission. When projects are conditioned to include this type of engineering-based
solution, it is the responsibility of the Public Works Department to review and approve the
plans in accordance with the City's Drainage Master Plan, as outlined in the Initial Study
and Mitigated Negative Declaration. This will most likely be accomplished through the
construction of an underground vault system, which functions like an aboveground retention
basin. The only option for off-site drainage would be for the City or the developer to
construct a new retention basin somewhere in the vicinity of the proposed project.
Comparative Analysis with Existina Development
Other issues identified at the Planning Commission Public Hearing included increased traffic
and insufficient parking. In response to these concerns, an analysis prepared by staff
shows that the proposed project is less dense than and provides more parking spaces per
unit than the existing townhouse development across the street (Attachment 3).
S:\COMMUNITY _DEVELOPMENT\PROJECTS\APL\03-003\APL_03-003_CC_RPT.doc
CITY COUNCIL
CONSIDERATION OF APPEAL OF PLANNING COMMISSION APPROVAL OF
TENTATIVE TRACT MAP 03-002 AND PLANNED UNIT DEVELOPMENT 03-002; 1180
ASH STREET
AUGUST 26, 2003
PAGE30F3
Water Retrofit Fee
At the Planning Commission hearing, the applicant requested that the Commission
recommend the City Council waive the water retrofit fee of $2,200 for each of the two
affordable units. The Commission discussed the request, but abstained from making a
recommendation. Although the applicant is not precluded from requesting a
recommendation from the Planning Commission regarding the waiver of development
impact fees, requests for waivers are normally made directly to the City Council after the
fees have been paid. The applicant has indicated that he will protest the water retrofit fees
for the two affordable units in accordance with Section 3.36.060 of the City's Municipal
Code.
Refund of Appeal Fee
The appellants have requested that the Council refund the appeal fee of $195 because their
concems were not adequately addressed in the Planning Commission staff report. Staff
believes that these concerns were adequately addressed, with the exception of the request
for the water retrofit fee waiver, as evidenced by the Initial Study and Mitigated Negative
Declaration that was prepared for the project and included in the Staff Report as Attachment
1. The mitigation measures prescribed by the Initial Study and Mitigated Negative
Declaration were incorporated into the conditions of approval for the project, marked Exhibit
"A". Therefore, it is recommended the City Council not waive the appeal fee of $195.
ALTERNATIVES:
The following alternatives are presented for Council consideration:
- Adopt the attached Resolution approving TIM 03-002 and PUD 03-002;
- Modify and adoptthe attached Resolution;
- Do not adopt the attached Resolution; or
- Provide direction to staff.
Attachments:
1. Minutes from July 15, 2003 Planning Commission Meeting
2. Letter from appellants
3. Letter to Sharon Wilcox
4. Initial Study and Mitigated Negative Declaration
S:\COMMUNITY _DEVELOPMENTIPROJECTS\APL\03-003\APL_03-003_CC_RPT.doc
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE DENYING THE APPEAL OF THE
PLANNING COMMISSION'S APPROVAL OF TENTATIVE
TRACT MAP 03-002 AND REQUEST FOR WAIVER OF
APPEAL FEE, ADOPTING A MITIGATED NEGATIVE
DECLARATION, INSTRUCTING THE DIRECTOR OF
ADMINISTRATIVE SERVICES TO FILE A NOTICE OF
DETERMINATION, AND APPROVING TENTATIVE TRACT
MAP 03-002 AND PLANNED UNIT DEVELOPMENT 03-002,
LOCATED AT 1180 ASH STREET, APPLIED FOR BY
KEVIN HUNST AD
WHEREAS, the Planning Commission of the City of Arroyo Grande unanimously
approved Tentative Tract Map 03-002 and Planned Unit Development 03-002 at a public
hearing on July 15, 2003 in accordance with the Municipal Code of the City of Arroyo
Grande; and
WHEREAS, the Planning Commission's approval of Tentative Tract Map 03-002 and
Planned Unit Development 03-002 was appealed to the City Council of the City of Arroyo
Grande; and
WHEREAS, the City Council considered the above project at a public hearing on August
26, 2003 in accordance with the Municipal Code of the City of Arroyo Grande; and
WHEREAS, the City Council finds that the proposed project is consistent with the City's
General Plan, Development Code and the environmental documents associated
therewith, and has reviewed the Initial Study and Mitigated Negative Declaration under
the provisions of the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
Tentative Parcel Map Findings:
1. The proposed Tentative Parcel Map is consistent with the goals, objectives,
policies, plans, programs, intent, and requirements of the Arroyo Grande General
Plan and the requirements of the Development Code.
2. The design of the Tentative Parcel Map is not likely to cause substantial
environmental damage or substantial and avoidable injury to fish or wildlife or their
habitat.
3. The design of the subdivision or proposed improvements is not likely to cause
public health problems.
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RESOLUTION NO.
PAGE 2 of 11
4. The discharge of waste from the project into an existing community sewer system
will not result in violation of existing requirements as prescribed in Division 7
(commencing with Section 13000) of the California Water Code.
5. Adequate public services and facilities exist or will be provided as a result of the
proposed Tentative Parcel Map to support project development.
6. The site is physically suitable for the type of development that exists in the Multi-
Family Apartments (MFA) zoning district.
7. The design of the Tentative Parcel Map or the type of improvements will not
conflict with easements acquired by the public at large for access through, or use
of, property within the proposed Tentative Parcel Map.
Planned Unit Development Findings:
1. That the proposed development is consistent with the goals, objectives and
programs of the general plan and any applicable specific plan;
2. That the site for the proposed development is adequate in size and shape
to accommodate the use and all yards, open spaces, setbacks, walls and
fences, parking area, loading areas, landscaping, and other features
required;
3. That the site for the proposed development has adequate access, meaning
that the site design and development plan conditions consider the
limitations of existing streets and highways;
4. That adequate public services exist, or will be provided in accordance with
the conditions of development plan approval, to serve the proposed
development; and that the approval of the proposed development will not
result in a reduction of such public services to properties in the vicinity so
as to be a detriment to public health, safety or welfare;
5. That the proposed development, as conditioned, will not have a substantial
adverse effect on surrounding property, or the permitted use thereof, and
will be compatible with the existing and planned land use character of the
surrounding area;
6. That the improvements required, and the manner of development,
adequately address all natural and manmade hazards associated with the
proposed development and the project site, including, but not limited to,
flood, seismic, fire and slope hazards;
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RESOLUTION NO.
PAGE 3 of 11
7. The proposed development carries out the intent of the planned unit
development provisions by providing a more efficient use of the land and
an excellence of design greater than that which could be achieved through
the application of conventional development standards;
8. The proposed development complies with all applicable performance
standards listed in Section 16.32.050(E).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby denies the appeal of the Planning Commission's approval of Tentative
Tract Map 03-002 and request for waiver of appeal fee, adopts a Mitigated Negative
Declaration, instructs the Director of Administrative Services to file a Notice of
Determination, and approves Tentative Tract Map 03-002 and Planned Unit Development
03-002, as shown in Exhibit "S" with the above findings and subject to the conditions as
set forth in Exhibit "A", attached hereto and incorporated herein by this reference.
On motion by Council member ,seconded by Council member , and by the
following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 26th day of August, 2003.
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RESOLUTION NO.
PAGE 4 of 11
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
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RESOLUTION NO.
PAGE 5 of 11
EXHIBIT "A"
'CONDITIONS OF APPROVAL
TENTATIVE PARCEL MAP 03-002 AND
PLANNED UNIT DEVELOPMENT 03-002
1180 ASH STREET
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS:
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Tentative Tract Map
03-002 and Planned Unit Development 03-002.
3. Development shall occur in substantial conformance with the plans presented to
the City Council on August 26,2003 and marked Exhibit "B".
4. This tentative map approval shall automatically expire on August 26, 2005 unless
the final map is recorded' or an extension is granted pursuant to Section
16.12.140 of the Development Code.
5. The applicant shall, as a condition of approval of this. tentative or final map
application, defend, indemnify and hold harmless the City of Arroyo Grande, its
present or former agents, officers and employees from any claim, action, or
proceeding against the City, its past or present agents, officers, or employees to
attack, set aside, void, or annul City's approval of this subdivision, which action is
brought within the time period provided for by law. This condition is subject to
the provisions of Government Code Section 66474.9, which are incorporated by
reference herein as though set forth in full.
6. Development shall conform to the Multi-Family, Apartment (MFA) zoning
requirements except as otherwise approved.
DENSITY BONUS:
7. The applicant shall, as a condition of receiving a 25% density bonus, dedicate
twenty-five percent (25%) or two (2) residences for moderate-income ownership or
rental through a housing development agreement in a form approved by the City'
and shall be entered into between the City and the applicant prior to final approval
of a subdivision map. This agreement shall set forth the provision to require a
designated residence be sold or rented to a qualified moderate-income household
as certified by the Housing Authority of San Luis Obispo or such other authority
approved by the City Council and shall remain affordable for a period of not less
than 30-years.
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RESOLUTION NO.
PAGE 6 of 11
BUILDING AND FIRE DEPARTMENT
GENERAL CONDITIONS:
8. The project shall comply with the most recent editions of the California State Fire
and Building Codes and the Uniform Building and Fire Codes as adopted by the
City of Arroyo Grande.
9. Prior to issuance of a certificate of occupancy, the applicant shall post designated
fire lanes, per Section 22500.1 of the California Vehicle Code.
10. All fire lanes must be posted and enforced, per Police Department and Fire
Department Guidelines.
11. The project shall have a fire flow of 1000 gallons per minute for a duration of 2
hours.
12. Prior to occupancy, all buildings must be fully sprinklered per Building and Fire
Department Guidelines.
13. The project shall provide 1-inch water meters for fire sprinkler requirements.
14. Prior to issuance of a grading permit or building permit, whichever occurs first,
applicant shall show proof of properly abandoning all non-conforming items such
as septic tanks, wells, underground piping and other undesirable conditions.
15. Prior to issuance of a building permit, a demolition permit must be applied for,
approved,andissued.
16. Water mitigation fee, to be based on codes and rates in effect at the time of
building permit issuance, involving water connection or enlargement of an existing
connection.
17. Water distribution fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
18. Water seNice charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
19. Water supply charge, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Municipal Code 6-7.22.
20. Traffic impact fee, to be based on codes and rates in effect at the time of building
permit issuance, in accordance with Ordinance 461 C.S., Resolution 3021.
21. Traffic signalization fee, to be based on codes and rates in effect at the time of
building permit issuance, in accordance with Ordinance 346 C.S., Resolution
1955.
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RESOLUTION NO.
PAGE 7 of 11
22. Sewer permit fee, to be based on codes and rates in effect at the time of building
permit issuance, in accordance with Municipal Code 6-6.405.
23. Drainage fee, as required by the area drainage plan for the area being developed.
24. Strong Motion Instrumentation Program (SMIP) fee, to be based on codes and
rates in effect at the time of development' in accordance with State mandate.
25. Building permit fee, to be based on codes and rates in effect at the time of
development, in accordance with Title 8 of the Municipal Code.
PUBLIC WORKS DEPARTMENT
GENERAL IMPROVEMENT REQUIREMENTS:
26. The applicant shall pay all applicable City fees at the time they are due.
27. All easements, abandonments, or similar documents to be recorded as a
document separate from a map, shall be prepared by the applicant on 8" x 11"
City standard forms and shall include legal descriptions, sketches, closure
calculations, and a current preliminary title report. The applicant shall be
responsible for all required fees, including any additional required City
processing.
28. The site plan shall include the following:
a. The location and size of all water, sewer, and storm water facilities within
the project site and abutting streets or alleys.
b. The location, quantity, and size of all sewer laterals.
c. The location, size and orientation of all trash enclosures.
d. All parcel lines and easements crossing the property.
e. The location and dimension of all paved areas.
f. The location of all public or private utilities.
29. The applicant shall be responsible for obtaining an encroachment permit for all
work within the public right-of-way.
30. All improvements shall be constructed prior to map recordation except for non-
essential improvements, which may be guaranteed by an agreement and
financial securities as provided for in the Development Code.
CONSTRUCTION:
31. The developer shall be responsible during construction for cleaning city streets,
curbs, gutters and sidewalks of dirt tracked from the project site. The flushing of
dirt or debris to storm drain or sanitary sewer facilities shall not be permitted.
The cleaning shall be done after each day's work or as directed by the Director
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RESOLUTION NO.
PAGE 8 of 11
of Public Works.
33. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site.
At a minimum, this shall include wetting down such areas in the later morning
and after work is completed for the day and whenever winds exceed 15 miles per
hour.
34. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
35. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or
maintain at least two feet of freeboard (minimum vertical distance between top of
load and top of trailer) in accordance with CVC Section 23114.
36. Wheel washers shall be installed where vehicles enter and exit unpaved roads
onto streets, or all trucks and equipment shall be washed off before leaving the
project site.
37. Streets shall be swept at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water should be
. used where feasible.
38. All construction equipment shall be provided with yvell-maintained, functional
mufflers to limit noise.
39. All construction activities shall be limited to the hours of 7:00 am to 6:00 pm
Monday through Saturday. No construction shall occur on Sunday.
40. Prior to issuing a grading permit, the following note shall be placed on the
construction plans for the project:
"In the event that during grading, construction or development of the project, and
cultural resources are uncovered, all work shall be halted until the City has
reviewed the resources for their significance. If human remains (burials) are
encountered, the County Coroner shall be contacted immediately. The applicant
may be required to provide archaeological studies and/or mitigation measures."
STREETS:
41. The applicant shall install a new driveway approach on the property in accordance
with City standards.
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RESOLUTION NO.
PAGE 9 of 11
42. The applicant shall install new concrete curb in gutter in accordance with City
standards along the 'frontage of the property and match grade and alignment to
existing.
43. One-half of the street width of Ash Street from centerline along the entire frontage
of project shall be repaved to match grade.
DRAINAGE:
44. All drainage facilities shall be designed to accommodate a 1 DO-year storm flow.
45. In accordance with the City Drainage Master Plan, the project site is within Zone
A and shall require on-site retention of storm water runoff.
UTILITIES:
46. The proposed domestic water service to be a 4" manifold at the street with
private laterals to each unit.
47. Any existing water and sewer services shall be abandoned per the requirements
of the Director of Public Works.
48. All sewer mains or laterals crossing or parallel to public water facilities shall be
constructed in accordance with California State Health Agency standards.
49. Each parcel shall be provided a separate sewer lateral.
50. An on-site manhole is required at the end of the proposed sewer line.
51. All new public utilities shall be installed as underground facilities.
52. All existing public overhead utilities that are onsite, and those within six feet
of the side and rear lot lines, and those along the frontage shall be placed
underground.
53. The applicant shall complete. measures to neutralize the estimated
increase in water demand created by the project by either:
Implement an individual water program consisting of retrofitting existing
high-flow plumbing fixtures with low-flow devices. The calculations shall be
submitted to the Director of Public Works for review and approval. The
proposed individual water program shall be submitted to the City Council
for approval prior to implementation: or,
Pay an in-lieu fee of $2,200 for each new residential unit.
RESOLUTION NO.
PAGE 10 of 11
54. Prior to approving a'ny building permit within the project for occupancy, all
public utilities shall be operational.
CONDITIONS PRIOR-TO RECORDING THE MAP:
55. Preliminary Title Report - A current preliminary title report shall be submitted to
the Director of Public Works prior to checking the map.
56. Improvements - All improvements specified in these Conditions of Approval
shall be completed and accepted by the City. All subdivision improvements
required by these conditions shall be either:
a. Fully constructed and accepted by the City; or
b. Guaranteed by an improvement agreement and financial securities. The
agreement and securities shall be in a form acceptable to the City.
57. Bonds - The applicant shall provide bonds or other financial security for the
following. All bonds or security shall be in a form acceptable to the City, and
shall be provided prior to recording of the map, unless noted otherwise.
a. Faithful Performance, 100% of the approved estimated cost of all
subdivision improvements.
b. Labor and Materials, 50% of the approved estimated cost of all
subdivision improvements.
c. One Year Guarantee, 10% of the approved estimated cost of all
subdivision improvements. This bond is required prior to acceptance of
the subdivision improvements.
d. Monumentation, 100% of the estimated cost of setting survey
monuments.
e. Tax Certificate, In accordance with the Development Code, the applicant
shall furnish a certificate from the tax collector's office indicating that there
are no unpaid taxes or special assessments against the property.
58. Subdivision Guarantee, a Subdivision Guarantee shall be submitted to the
Director of Public Works at the time of map recordation.
59. Documents - All easements, abandonments, or similar documents to be
recorded as a document separate from the map, shall be prepared by the
applicant on 8 %" x 11" City standard forms, and shall include legal descriptions,
sketches, closure calculations, and a current preliminary title report. The
applicant shall be responsible for all required fees, including any additional
required City processing fees.
60. Recordation - At the time of map recordation, copies of all recorded documents
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RESOLUTION NO.
PAGE 11 of 11
shall be submitted to the City on either Mylar sheets or 8 ~" x 11" archival quality
paper.
61. Recorded Copies - The applicant shall be responsible to provide one recorded
Mylar copy of the map to the City.
DEDICATIONS AND EASEMENTS
62. Private Access and Utility Easements - Private easements shall be reserved
on the map or other document acceptable to the City, for shared access,
drainage, water, and sewe~.
63. Private Agreements - An agreement shall be entered into for the appropriate
properties for the common maintenance of the private driveway and all private
utilities within the driveway. The Director of Public Works shall approve these
. provisions.
PLANNING COMMISSION
64. Both affordable units shall be the same size as the market-rate units and their
exteriors shall be indistihguishable from those of the market-rate units.
65. The applicant shall investigate the feasibility of transplanting the mature oak tree
to the Santa Lucia Bank site. If staff determines that transplanting the tree is not
feasible, the applicant shall submit an oak tree replacement program for all oak
trees that are to be removed, subject to approval by the Director of Parks,
Recreation, and facilities.
-----~."
DRAFT A TT ACHMENT 1
PUBLIC HEARING ITEM II.D - TENTATIVE TRACT MAP CASE N~
UNIT DEVELOPMENT CASE NO. 03-001; APPLICANT - KE..... ..~...~..,..., ....~,
LOCATION - 1180 ASH STREET. Staff report prepared and presented by Ryan Foster,
Assistant Planner.
The Mr. Foster gave an overview of the project stating:
. This is a subdivision of a 0.58-acre site into eight residential lots and construction of
four duplexes for a total of eight single-family attached dwelling units.
. One oak tree on-site is proposed to be removed and would be subject to an oak tree
replacement program.
. Asked that Condition #8, regarding the affordable housing in-lieu fee of 3% not be
included as the applicant is proposing to dedicate two units as affordable.
. Condition No.9 language should be changed to allow for the sale or rental of units.
For clarification the Commission discussed the in-lieu fee requirement, the density bonus
and affordable housing requirement with staff. Mr. Strong concluded by stating that there
had been some confusion and inconsistency since the adoption of the General Plan and the
Development Code had not been amended to incorporate the General Plan provisions.
Commission Comments:
. Condition No. 42 has a typo, need to add "sidewalk".
Chair Guthrie opened the Public Hearing.
Sharon Wilcox. 597 'B' Ash Street - not in support and stated reasons:
. Too much density for this street.
. Will cause too much traffic on this street.
Doreen Mathew. 1193 Ash - not in support and stated reasons:
. Traffic very heavy.
. Parking big issue.
. like to see 6 units.
Ms. Fossio 1186 Ash Street - not in support:
. Disagree with 8 units.
. Too much parking on-street.
Kevin Hunstad. aDDlicant, addressed parking:
. 2 car garages and two spaces in front of garages plus two additional guest spaces -
provides 34 spots.
. Other units he had done no parking problem.
. Ask for waiver of water retrofit in-lieu fee for the two affordable units.
.
Jerrv Bunin. Home Builders Assoc. in support stated:
. Developing an inclusionary housing policy and supporting development is most
important thing government can do - government has the political will to approve
good projects.
Chuck Fellows. 202 Canyon Way - Voted against the project at ARC because:
. The existing oak tree was proposed to be cut down and he would like to see
modification to save the tree and suggested moving it to the landscape area
between the driveways and have permeable paving.
Chair Guthrie closed the Public Hearing.
Commission Comments:
. Concern that the two affordable units would not be the same as the other units. Mr.
Hunstad explained that they would be same size and compatible with the other units
and would look same, but inside some of the upgrades may be cut down.
. Concern on only having a 7 -foot setback in back of garages. Mr. Hunstand
explained that the side yard where the patio opens onto would be considered the
back yard.
. Concern about the removal of the oak tree.
. Nice area on side for entertainment.
. The project will improve the area and provide affordable units and were well
designed.
. Understand concern about traffic and parking, but the parking for these single-family
homes is adequate.
. Difficult to make a decision on waiving of water retrofit in-lieu fee for "moderate"
housing as this contradicts the proposed Housing Element policy to waive only very
low and low income housing fees.
Mr. Strong advised the Commission that City Council would decide on the request to waive
the in-lieu fees so no action need be taken in this regard.
Chair Guthrie asked staff to investigate if the oak tree could be transplanted to the site for
the Santa Lucia Bank (transplant had been recommended for the Santa Lucia Bank
project). Staff would investigate this.
Commissioner Brown made a motion, seconded by Commissioner Arnold to recommend
City Council approve the Tentative Tract Map 03-002 and Planned Unit Development 03-
002, located at 1180 Ash Street, with the following conditions:
. Language to state that the affordable units should be consistent in square footage
and outward appearance as the other units.
. Staff and Parks and Recreation staff should explore, with the applicant, transplanting
the oak tree to another site.
. The fees should be consistent with the proposed fees determined during Housing
Element Update.
and adopt:
RESOLUTION 03-1885
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARROYO GRANDE APPROVING TENTATIVE TRACT MAP CASE NO. 03-
002 AND PLANNED UNIT DEVELOPMENT CASE NO. 03-002 LOCATED
AT 1180 ASH STREET, APPLIED FOR BY KEVIN HUNSTAD
The motion was approved on the following roll call vote:
AYES: Commissioners Brown, Arnold, Fowler, Keen and Chair Guthrie
NOES: None
ABSENT: None
the foregoing resolution was adopted this 15th day of July 2003.
~-:. ~'. QDD
Attach~~er
, "
, APPEAL TO THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE
oi.'~ ::::,v.::0
Date, 07/:;sJ$" JUL 2'5 2003
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Name and Addres.~ of App,ellan~ '~~" /ftta C1 A en{' '.-.~..: ~.~T.~.A I. liE ~s~v.''''~,,,
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Appeal of7f;A/t/J::tl Ve- -zMf'\Z; /?>>P t1nd-P;;;J7ned~(/lJrzt tJei/eJo/l' ,M-OM-
, "'. '. " " ,', _ ',' ' " , " Case No.
Approved/De;'iI~d by 1ff1 /1 /) 1/1 fzJ:, ;71/1-;/5;9 en! on :.:;;:; If 15 r ~ '3
- _ - _ Date _
Reason for.Appeal "<.See A-ff~;y,'~,
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. Mailing Address /15I0(}5L~, ~~/ &t..-. q-NX ..
Telephone l/~9-:S{)gCj " ',', '-
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Fee - , ~$195.00 Receip~ t-:Jo. 6 i -() /1(..~? '3
Date - -i1d-.5/0'3' .-,' , '
-- - ,
July 25, 2003
Appeal of Case # 03-002
1. Removal of mature oak tree does not need to be done because it can be worked
in the current plan. An additional oak tree was not included in the plan. It is
over 7" in diameter and approximately over 20 years old and ten feet tall. This
could be moved easily within the proposed development, or at least considered
for mitigation. See attached flpppy disc.
2. Water retention. vault should be included in the plan and required in writing
instead of small ponding basins in the back yards of each unit. Because of the
current slope of the North East comer of Ash Street at Elm, a curb and gutter
should be extended beyond this project to Elm to handle the extra water runoff
from the proposed project. These would be in compliance of city guidelines for
stonn water <;lrainage zone A. See attached.
3. Please do not waive the 3% water retrofit fee on the two moderate-income lll1its
because this fee was approved by the city council for a good reason.
4. Return of City Appeal fee because these items should have been included in the
original Planning Commission report.
"
#
Attached: 1. City Stonn Water Drainage guidelines.
2. Floppy disc.
July 25, 2003
Case # 03-002
dizl/~~~ ,~~
Diane and Mike B ifacio
1186 Ash 8t.
Arroyo Grande, C~.
0<f~ W~ (/tIiIJ?/II4tt
Sharon and David ilcox "
1157 Ash"8t. Urnt B
Arroyo Grande, CA 93420
,
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OM~ 11bjlJ{~ : ...';idl>.l.:J -zi?'!c;//t</---
Dorine Mathieu And Charles Foreman
1193 Ash Street
Arroyo Grande, CA 93420
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'.;';:.
~*/{. ~TOijM WATER DBAINAGE ZONES
I":' The watershed area tributary to the City of Arroyo Grande drainage system consists of five
.....
,...'.
~?T.:. major areas, as illustrated in Figure 1.
, " ~ . '. .
t.. An evaluation of the area hydrology within the City of Arroyo Grande has resulted in the
}<O.:--. :.
....~~ . identification of three storm water drainage zones within ~hich separate policies for ~torm
;-::. ;
~.~~::. .
I~ water basins are recommended. T~ese storm water drainage zones are shown on Figure
,; 3, and are described below:
DRAINAGE ZONE A:
...
r This drainage zone is approximately 670 acres and is tributary to the following existing
basins: South Elm Street infiltration; Golden West Place/Farroll Avenue infiltration; Oak
Park Boulevard (West) retarding; Dixon Street retarding; Ash Street Basins; Poplar Street
infiltration, Grand AvenuelCourtland Street infiltration.
This area has several infiltration basins which have functioned with some success. The
area soils are primarily sand and soils test typically show high infiltration rates. Actual
performance has shown infiltration rates are somewhatUmlted, particularly for the deeper
basins in the Farroll Road to Grand Avenue area. The actual infiltration rate of the Ash
street basins is 6 inches per day. It is recommended that large and/or deep (over 5 feet)
basins in this area be sized for a 6 inch per day infiltration rate.
These infiltration basins are desirable since they reduce drainage impacts as well as
provide groundwater recharge. In this zone the sandy soil types are typically suitable for
infiltration basins. "
Therefore, within Zone A the primary drainage strategy recommended is summarized as
follows:
1. Use infiltration basins.
2. Use storm drains and other facilities to convey excess runoff directly to
neighboring creeks.
3. Avoid the use of retarding basins, unless these are needed to prevent impacts
downstream properties. .
DRAINAGE ZONE B:
,This drainage zone is approximately 2,066 acres and is tributary to the following creeks:
Arroyo Grande Creek, Tally Ho Creek, Newsom Springs Creek, and Los Berros Creek.
The soil types in this Zone are typically clayey and are not suitable for infiltration basins.
City of Arroyo Grande Chapter 4
DRAINAGE MASTER PLAN 17 Storm Water Drainaae Zones
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/1 Drainage Master PI
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Figure 3
City of Arroyo Grande
Storm Water Drainage Zon<
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Policies fot Future Development
Zone A: Infiltration Basins "i if = WOO' (
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Zone B: Dtain to Cteeks D 5QO! oco 20C-:)
Zone C: Retarding Basin/Drain to Creek
~ John L. Wallace & Associates
~_...- -- -~ ,
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. "
~"? 0/ A TT ACHMENT 3
~ ~~, Arroyo Grande, CA '3421
COMMUNITY DEVELOPMENT Phone: (80S) 473-5420
F AX: (80S) 473-0_
E-Man: agclty@.rroy....nde.org
July 24, 2003
Sharon Wilcox
, 11 57 Ash Street, Unit B '
Arroyo Grande, CA 93420 '
Subject: Appeal 'of Plarmirig Commission Approval, of Tentative Tract Map 03-
002.~nd Planned Unit Development ,03-002; 11~OAsh Street '
Dear Ms. Wilcox: .
After our .m~eting Tuesday. morning, I asked Ryan to, conduct some preliminary
research comparing your development at '115 7 Ash Street with the proppsed
development at ,1180 Ash Street." ' ,
;', '": 'Based'o~ t'h~ Clty/s;Geogr~phic .h,forrr{ation :Sys.te'm;.(GIS)/: the';site:ar~a ,of your :. .
development is approximately 74,176 square-feet or 1. 7 acres~ With twenty-seven
'(27) units, this yields a, residential density of 16 dwelling units'per acre. It appears
, '
that the development has a total 9f67 parking spaces, which average~ to 2.5 spaces
per unit;, '.' , '
Tne proposed development at 1180 Ash Street has'a site area of 25,265 square-feet,
or 0.58 acres. The max:imum aHowed ,density is eleven (11 ),dwellirig units per acre,
yVhich 'would allow' a maximu.m' of six (6) dwelling units' onthe' site., ,Califprnia state
law (California Government Code Section 65915) ,and ,the City's General Plan,
. '.:. .' ..' . - - .' . -' .
, mandate that a' 25 %, densjty bonus be granted ,to' projects that dedicate' 25 % of the' ,
total number of units for"affordable 'housing. Th~s . increases the maximum d,ensity
,from eleven (11) to fourteen (14) dwelling units per acre, or'to eight (8) units, on t,he
site. The p~oposed project provides thirty-four (34) ~()tal spa'ces, whi9hexceedsthe
required parking by ten (10) spaces~ . This averc:lges outt04,.25,parking spapes per
unit. : ' .
'>
. . - .
It ,is not pos,sible ~ocalculate the capacity of thetwool}-site retention basins in your
development through the GIS, although it is likely'that they were designed. to
accommodate a ., DO-storm .flood.' The proposeddevel6pmeht . was conditioned by
the' Planning Commission as part of its approval to' retain'the increased' storm water
runoff generated by a '1 DO-storm fl09d on-site~ This will most likely be accomplished
through the construction .of an undergroun~vaultsystem,which f~.mctions just like
an aboveground retention bas-in. ,The only option for off-site 'drainage would be for,
. .' .' . .' . . .
the City or the developer to develop a, new retention basin so~ewhere in the vicinity
of the proposed project.,
-
-
Please share' this Information with your neighbors; Ihope this' comparison helps to
alleviate, so~e of the neighb~rhoods concerns' regarc;fing the proposed project.
If y~u or any of your' neighbors have any questions regarding this matter, please
don't hesitatetocall Ryan or myself at (805) 473-5420.
_'h..
nt . Director'
. ' ,
c: Stev'en Adams,' City Manager
Planning Commission
. .
.
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ATTACHMENT 4
CITY OF ARROYO GRANDE
INITIAL STUDY
Project Title: Planned Unit Development 03-002 and
Tentative Tract Map 03-002
Lead Agency Name and Address: City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
Contact Person and Phone Number: Ryan Foster, Assistant Planner
(805) 473-5420
Project Location: 1180 Ash Street
Project Sponsor's Name and Address: Kevin Hunstad
120 North Hakson Road
Arroyo Grande, CA 93420
General Plan Designation: High Density Residential (HD)
Description of Project: Subdivision of 0.58 acres into eight (8)
residential lots and construction of four (4)
duplex units.
Surrounding Land Uses and Settings: High Density Residential (HD) to the west,
north, and south, Medium High Density
Residential to the south; single-family
residences to the north, west, and south,
multifamily residences to the east.
Other Public Agency Required Approval: N/A
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
D Aethetics D Agricultural Resources ~ Air Quality
~ Biological Resources D Cultural Resources ~ Geology/Soils
D Hazards & Hazardous ~ Hydrology/Water Quality D Land Use/Planning
Materials
D Mineral Resources ~ Noise D Population/Housing
D Public Services D Recreation D Transportation/Traffic
D Utilities/Service Systems D Mandatory Findings of
Significance
--_.__.,._--_.~-_.~._-
DETERMINATION:
D I find that the proposed project COULD NOT have a significant effect on the
~ environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because revisions in the
project have been made or agreed to by the project proponent. A MITIGATED
D NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and
D an ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a "potentially significant impact" or "potentially
significant unless mitigated" impact on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal
standards, and 2) has been addressed by mitigation measures based on the earlier
analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is
D required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, because all potentially significant effects (a) have been analyzed
adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable
standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or
NEGATIVE DECLARATION, including revisions or mitigation measures that are
imposed upon the proposed project, nothing further is required.
June 25, 2003
Signature Date
Ryan Foster
Printed Name
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the
parentheses following each question. A "No Impact" answer is adequately
supported if the referenced information sources show that the impact simply does
not apply to projects like the one involved (e.g., the project falls outside a fault
rupture zone). A "No Impact" answer should be explained where it is based on
project-specific factors as well as general standards (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening
analysis ).
2. All answers must take account of the whole action involved, including off-site as
well as on-site, cumulative as well as project-level, indirect as well as direct, and
construction as well as operational impacts.
3. Once the lead agency has determined that a particular physical impact may occur,
then the checklist answers must indicate whether the impact is potentially
significant, less than significant with mitigation, or less than significant. "Potentially
Significant Impact" is appropriate if there is substantial evidence that an effect may
be significant. If there are one or more "Potentially Significant Impact" entries when
the determination is made, an EIR is required.
4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies
where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "Less Than Significant Impact." The lead
agency must describe the mitigation measures, and briefly explain how they
reduce the effect to a less than significant level (mitigation measures from Section
XVII, "Earlier Analyses", may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other
CEQA process, an effect has been adequately analyzed in an earlier EIR or
negative declaration. Section 15063{c){3){D). In this case, a brief discussion
should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist
were within the scope of and adequately analyzed in an earlier document
pursuant to applicable legal standards, and state whether such effects were
addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures which were
incorporated or refined from the earlier document and the extent to which they
address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to
information sources for potential impacts {e.g., general plans, zoning ordinances}.
Reference to a previously prepared or outside document should, where
appropriate, include a reference to the page or pages where the statement is
substantiated.
7. Supporting Information Sources: A source list should be attached, and other
sources used or individuals contacted should be cited in the discussion.
8. This is only a suggested form, and lead agencies are free to use different formats;
however, lead agencies should normally address the questions from this checklist
that are relevant to a project's environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question;
and
b) the mitigation measure identified, if any, to reduce the impact to less than
significance
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incornoration
I. AESTHETICS - Would the oroiect:
Have a substantial adverse effect on a scenic D D D ~
vista?
Substantially damage scenic resources, D D D ~
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic hiahwav?
Substantially degrade the existing visual D D D ~
character or quality of the site and its
surroundinas?
Create a new source of substantial light or D D ~ D
glare which would adversely affect day or
niahttime views in the area?
II. AGRICUL TURAL RESOURCES - Would
the oroiect:
Convert Prime Farmland, Unique Farmland, D D D ~
or Farmland of Statewide Importance
(Farmland), as shown on the maps prepared
pursuant to the Farmland Mapping and
Monitoring Program of the California
Resources Aaencv. to non-aaricultural use?
Conflict with existing zoning for agricultural D D D ~
use or a Williamson Act contract?
Involve other changes in the existing D D D ~
environment which, due to their location or
nature, could result in conversion of
Farmland. to non-aaricultural use?
III. AIR QUALITY - Would the oroiect:
Conflict with or obstruct implementation of the D D D ~
aoolicable air aualitv olan?
Violate any air quality standard or contribute D IZI D D
substantially to an existing or projected air
aualitv violation?
Result in a cumulatively considerable net D ~ D D
increase of any criteria pollutant for which the
project region is non-attainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
orecursors)?
Expose sensitive receptors to substantial D D D ~
oollutant concentrations?
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incorooration
Create objectionable odors affecting a D D 0 ~
substantial number of oeoole?
IV. BIOLOGICAL RESOURCES - Would the
oroiect:
Have a substantial adverse effect, either 0 0 0 ~
directly or through habitat modifications, on
any species identified as a candidate,
sensitive, or special status species in local or
regional plans, policies, or regulations, or by
the California Department of Fish and Game
or U.S. Fish and Wildlife Service?
Have a substantial adverse effect on any D 0 0 ~
riparian habitat or other sensitive natural
community identified in local or regional plans,
policies, regulations or by the California
Department of Fish and Game or US Fish and
Wildlife Service?
Have a substantial adverse effect on federally D 0 0 ~
protected wetlands as defined by Section 404 ,
of the Clean Water Act (including, but not
limited to, marsh, vernal pool, coastal, etc.)
through direct removal, filling, hydrological
interruotion or other means?
Interfere substantially with the movement of 0 0 0 ~
any native resident or migratory fish or wildlife
species or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nurserv sites?
Conflict with any local policies or ordinances D ~ 0 0
protecting biological resources, such as a tree
oreservation oolicv or ordinance?
Conflict with the provisions of an adopted 0 D 0 ~
Habitat Conservation Plan, Natural
Community Conservation Plan, or other
approved local, regional, or state habitat
conservation olan?
V. CULTURAL RESOURCES - Would the
oroiect:
Cause a substantial adverse change in the 0 D -0 ~
significance of a historical resource as defined
in 15064.5?
Cause a substantial adverse change in the 0 ~ 0 0
significance of an archaeological resource
oursuant to 15064.5?
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
I ncornoration
Directly or indirectly destroy a unique D D D fZI
paleontological resource or site or unique
aeoloaic feature?
Disturb any human remains, including those D fZI IT D
interred outside of formal cemeteries?
VI. GEOLOGY AND SOILS - Would the
oroiect:
Expose people or structures to potential D fZI D D
substantial adverse effects, including the risk
of loss iniurv. or death involvina:
Rupture of a known earthquake fault, as D D D ~
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
Strona seismic around shakina? [ ] IX! r 1 D
Seismic-related ground failure, including D D D ~
liauefaction?
Landslides? r 1 D D ~
Result in substantial soil erosion or the loss of D D D ~
toosoil?
Be located on a geologic unit or soil that is D 0 D ~
unstable, or that would become unstable as a
result of the project, and potentially result in
on- or off-site landslide, lateral spreading,
subsidence liauefaction or collaDse?
Be located on expansive soil, as defined in D 0 D ~
Table 18-1-B of the Uniform Building Code
(1994), creating substantial risks to life or
crocertv?
Have soils incapable of adequately supporting D D D ~
the use of septic tanks or alternative waste
water disposal systems where sewers are not
available for the disoosal of waste water?
VII. HAZARDS AND HAZARDOUS
MATERIALS - Would the Droiect:
Create a significant hazard to the public or the D D ~ D
environment through the routine transport,
use. or discosal of hazardous materials?
n_
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Inco oration
Create a significant hazard to the public or the ~
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
Emit hazardous emissions or handle D D
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile
of an existin or ro osed school?
Be located on a site which is included on a list D ~
of hazardous materials sites compiled
pursuant to Government Code Section
65962,5 and, as a result, would it create a
significant hazard to the public or the
environment?
For a project located within an airport land
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project result in a
safety hazard for people residing or working in
the ro'ect area?
For a project within the vicinity of a private D
airstrip, would the project result in a safety
hazard for people residing or working in the
ro'ect area?
Impair implementation of or physically D
interfere with an adopted emergency
response plan or emergency evacuation
Ian?
Expose people or structures to a significant
risk of loss, injury or death involving wildland
fires, including where wildlands are adjacent
to urbanized areas or where residences are
intermixed with wildlands?
VIII. HYDROLOGY AND WATER QUALITY -
Would the ro'ect:
Violate any water quality standards or waste 0
discha~ e re uirements?
~'-'--.-
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Inco oration
Substantially deplete groundwater supplies or D ~
interfere substantially with groundwater
recharge such that there would be a net
deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the
production rate of pre-existing nearby wells
would drop to a level which would not support
existing land uses or planned uses for which
ermits have been ranted?
Substantially alter the existing drainage D D
pattern of the site or area, including through
the alteration of the course of a stream or
river, in a manner which would result in
substantial erosion or siltation on- or off-site?
Substantially alter the existing drainage D D
pattern of the site or area, including through
the alteration of the course of a stream or
river, or substantially increase the rate or
amount of surface runoff in a manner which
would result in floodin on- or off-site?
Create or contribute runoff water which would D D
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
ru noff?
Otherwise substantially degrade water D D ~ D
uali ?
Place housing within a 100-year flood hazard D D ~
area as mapped on a federal Flood Hazard
Boundary or Flood Insurance Rate Map or
other flood hazard delineation ma ?
Place within a 100-year flood hazard area D D D
structures which would impede or redirect
flood flows?
Expose people or structures to a significant D D D
risk of loss, injury or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
Inundation b seiche tsunami or mudflow? D D ~
IX. LAND USE AND PLANNING - Would the
ro. ect:
Ph sicall divide an established communi ? D D ~
_o____...________________
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
I ncornoration
Conflict with any applicable land use plan, 0 0 0 ~
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to the general plan, specific plan, local
coastal program, or zoning ordinance)
adopted for the purpose of avoiding or
mitiaatina an environmental effect?
Conflict with any applicable habitat 0 0 0 ~
conservation plan or natural community
conservation Dlan?
X. MINERAL RESOURCES - Would the
Droiect:
Result in the loss of availability of a known 0 0 0 ~
mineral resource that would be of value to the
rea ion and the residents of the state?
Result in the loss of availability of a locally- 0 0 0 ~
important mineral resource recovery site
delineated on a local general plan, specific
olan or other land use clan?
XI. NOISE - Would the oroiect result in:
Exposure of persons to or generation of noise 0 0 ~ 0
levels in excess of standards established in
the local general plan or noise ordinance, or
aoolicable standards of other aaencies?
Exposure of persons to or generation of 0 ~ 0 0
excessive groundborne vibration or
around borne noise levels?
A substantial permanent increase in ambient 0 0 ~ 0
noise levels in the project vicinity above levels
existina without the oroiect?
A substantial temporary or periodic increase 0 ~ 0 D
in ambient noise levels in the project vicinity
above levels existina without the oroiect? .
For a project located within an airport land 0 0 0 ~
use plan or, where such a plan has not been
adopted, within two miles of a public airport or
public use airport, would the project expose
people residing or working in the project area
to excessive noise levels?
For a project within the vicinity of a private 0 0 0 ~
airstrip, would the project expose people
residing or working in the project area to
excessive noise levels?
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
I ncorooration
XII. POPULATION AND HOUSING - Would
the Droiect: .
Induce substantial population growth in an D D ~ D
area, either directly (for example, by
proposing new homes and businesses) or
indirectly (for example, through extension of
roads or other infrastructure)?
Displace substantial numbers of existing D D ~ D
housing, necessitating the construction of
reDlacement housina elsewhere?
Displace substantial numbers of people, D D ~ D
necessitating the construction of replacement
housina elsewhere?
XIII. PUBLIC SERVICES
Would the project result in substantial D D ~ D
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
Dublic services:
Fire Drotection? D D D
Police Drotection?
Schools?
Parks?
Other Dublic facilities?
XIV. RECREATION
Would the project increase the use of existing D D ~ D
neighborhood and regional parks or other
recreational facilities such that substantial
physical deterioration of the facility would
occur or be accelerated?
Does the project include recreational facilities D D ~ D
or require the construction or expansion of
recreational facilities which might have an
adverse Dhvsical effect on the environment?
XV. TRANSPORTATIONITRAFFIC - Would
the Droiect:
-~~----_._---------
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Inco oration
Cause an increase in traffic which is [gJ D
substantial in relation to the existing traffic
load and capacity of the street system (Le.,
result in a substantial increase in either the
number of vehicle trips, the volume to
capacity ratio on roads, or congestion at
intersections ?
Exceed, either individually or cumulatively, a D [gJ D
level of service standard established by the
county congestion management agency for
desi nated roads or hi hwa s?
Result in a change in air traffic patterns, D [gJ
including either an increase in traffic levels or
a change in location that results in substantial
safet risks?
Substantially increase hazards due to a D D [gJ D
design feature (e.g., sharp cu rves or
dangerous intersections) or incompatible uses
e. . farm e ui ment?
Result in inade uate emer enc access?
Result in inade uate arkin ca acit ?
Conflict with adopted policies, plans, or
programs supporting alternative transportation
e. . bus turnouts bic cle racks?
XVI. UTILITIES AND SERVICE SYSTEMS -
Would the ro'ect:
Exceed wastewater treatment requirements of D D
the applicable Regional Water Quality Control
Board?
Require or result in the construction of new D [gJ D
water or wastewater treatment facilities or
expansion of existing facilities, the
construction of which could cause significant
environmental effects?
Require or result in the construction of new D D [gJ
storm water drainage facilities or expansion of
existing facilities, the construction of which
could cause si nificant environmental effects?
Have sufficient water supplies available to [gJ D
serve the project from existing entitlements
and resources, or are new or expanded
entitlements needed?
Potentially Potentially Less Than No
Significant Significant Impact Significant Impact
Impact Unless Mitigation Impact
Incornoration
Result in a determination by the wastewater D D ~ D
treatment provider which serves or may serve
the project that it has adequate capacity to
serve the project's projected demand in
addition to the provider's existing
commitments?
Be served by a landfill with sufficient D D ~ D
permitted capacity to accommodate the
Droiect's solid waste disDosal needs?
Comply with federal, state, and local statutes D D ~ D
and reaulations related to solid waste?
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE
Does the project have the potential to D 0 D ~
degrade the quality of the environment,
substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
or eliminate important examples of the major
Deriods of California historv or Drehistorv?
Does the project have impacts that are D D D [8]
individually limited, but cumulatively
considerable? ("Cumulatively considerable"
means that the incremental effects of a
project are considerable when viewed in
connection with the effects of past projects,
the effects of other current projects, and the
effects of Drobable future Droiects)?
Does the project have environmental effects D D D ~
which will cause substantial adverse effects
on human beinas either directlv or indirectlv?
SOURCE LIST:
1. City of Arroyo Grande General Plan
2. City of Arroyo Grande Land Use Map
3. City of Arroyo Grande Development Code
4. City of Arroyo Grande Zoning Map
5. City of Arroyo Grande Existing Setting and Community Issues Report
6. City of Arroyo Grande General Plan EIR
7. City of Arroyo Grande Sewer Master Plan
8. Air Pollution Control District Clean Air Plan
9. FEMA - Flood Insurance Rate Map
10. Project Plans
11. Site Inspection
12. Institute of Traffic Engineers (ITE) Trip Generation Manual
ENVIRONMENTAL SETTING:
The project is located in the southwestern portion of Arroyo Grande and consists of one (1)
parcel totaling 0.58 acres in size. The property is bordered by single-family residences on
the north, west, and south, and multifamily residences on the east. There is one (1) existing
house, and one (1) detached garage, both of which are proposed to be removed. The
property is level and includes several trees, one of which is a mature oak.
PROJECT DESCRIPTION:
The applicant proposes to subdivide the property into eight (8) residential lots, averaging
3,158 square-feet in size. All lots would be accessed by a common private drive, and each
two-story attached residence would have a two-car garage.
EXPLANATIONS TO INITIAL STUDY CHECKLIST
I. AESTHETICS
The property is bordered by a development similar to the proposed project to the
east, and single-family developments to the north, west and south. Review by the
Architectural Review Committee (ARC) will ensure that the proposed project is
compatible with the existing character of the neighborhood. Adherence to Section
16.48.090 of the City's Development Code will ensure that the proposed project
will not create a new source of light or glare that would adversely affect existing
day or nighttime views.
Analysis of Significance: Less than significant
II. AGRICULTURAL RESOURCES
The property is not located in or near an agricultural area, and therefore the project
will have no impact on farmland resources.
Analysis of Significance: No impact
III. AIR QUALITY
In addition to the vehicle trips generated by the proposed project, construction
activities would generate dust, which could cause potentially significant
environmental impacts. Grading and construction of the proposed project would
occur over a period of months. Short-term impacts from site preparation and
grading could result in dust generation that could affect adjacent properties.
Conditions placed on the proposed project would reduce short-term dust
generation during construction of the proposed project to less than significant
levels. The dust control measures listed below shall be followed during
construction of the proposed project, and shall be included on grading and building
plans.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measures:
1. During construction, water trucks or sprinkler systems shall be used to keep all
areas of vehicle movement damp enough to prevent dust from leaving the site.
At a minimum, this shall include wetting down such areas in the later morning
and after work is completed for the day and whenever winds exceed 15 miles
per hour.
2. Soil stockpiled for more than two days shall be covered, kept moist, or treated
with soil binders to prevent dust generation.
3. All vehicles hauling dirt, sand, soil, or other loose materials shall be covered or
maintain at least two feet of freeboard (minimum vertical distance between top
of load and top of trailer) in accordance with CVC Section 23114.
4. Wheel washers shall be installed where vehicles enter and exit unpaved roads
onto streets, or all trucks and equipment shall be washed off before leaving the
project site.
5. Streets shall be swept at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water should be
used where feasible.
Monitoring: Review of grading and building plans and site
inspections
Responsible Department: Public Works, Building, and Community
Development
Timeframe: Prior to issuance of a grading permit
Operation of the proposed project would also generate approximately 64 new daily
vehicle trips, contributing to cumulative air quality impacts. Emissions from the
trips generated would produce approximately 2 Ibs. of pollutants per day. Based
on the San Luis Obispo County Air Pollution Control District (SLO APCD) emission
thresholds, the proposed project would not have a significant adverse impact on air
quality.
Analysis of Significance: Less than significant
IV. BIOLOGICAL RESOURCES
There is one mature oak tree located on the property that would be removed as
part of the proposed development. The applicant will be required to provide
replacement trees at a 3:1 ratio as prescribed by the City's Development Code.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
6. The applicant shall submit a revised landscape plan, providing replacement
trees at a 3:1 ratio for every oak tree that is to be removed, to the satisfaction of
the Director of Parks, Recreation, and Facilities.
Monitoring: Review of landscape plan
Responsible Department: Parks, Recreation, and Facilities
Timeframe: Prior to issuance of building permit.
V. CULTURAL RESOURCES
The proposed project is not located in an area that has been identified as a known
site for cultural resources. The proposed project site has previously been graded
for development, and it is unlikely that any cultural resources are present on the
site. However, as a precaution, if cultural resources are encountered during the
construction process, development activities at the site should cease until a
qualified archeologist has been employed to view and assess the discovery and
prepare a mitigation plan.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
7. The following note shall be placed on the construction plans for the project:
"In the event that during grading, construction or development of the project,
and cultural resources are uncovered, all work shall be halted until the City has
reviewed the resources for their significance. If human remains (burials) are
encountered, the County Coroner shall be contacted immediately. The
applicant may be required to provide archaeological studies and/or mitigation
measures."
Monitoring: Review of grading plans
Responsible Department: Public Works
Timeframe: Prior to issuance of a grading permit.
VI. GEOLOGY AND SOILS
,..-
The proposed project is not located on a known earthquake fault subject to
rupture. The proposed project will be subject to the effects of periodic seismic
events in the region, including ground shaking. However, exposure to people from
these events can generally be mitigated to an acceptable level of risk by following
Uniform Building Code (UBC) development standards.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measures:
8. The project shall comply with the most recent Uniform Building Code (UBC)
guidelines.
9. Utilities should be designed with as much flexibility as practical to tolerate
potential differential movement without becoming disconnected or broken.
10. Land with slopes greater than 25% shall not be developed.
Monitoring: Review of building plans and site inspections
Responsible Department: Building
Timeframe: Prior to issuance of Certificate of Occupancy
VII. HAZARDS AND HAZARDOUS MATERIALS
The proposed project site is not known to have any hazardous materials; however,
if any previously unidentified contamination is discovered at the site the owner
remains responsible for testing and clean-up of hazardous materials that may pose
a threat to future construction workers and/or residents of the site.
Analysis of Significance: Less than significant
VIII. HYDROLOGY AND WATER QUALITY
The proposed project would increase impervious surfaces, and therefore contribute
and increase in the amount of stormwater run-off. The site is located in Zone A of
the City's Drainage Plan, which requires drainage to be directed into infiltration
basins. The increased run-off can be mitigated by requiring all stormwater to be
retained on-site.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure:
11.AII stormwater shall be retained on-site through the use of an infiltration
basin(s) or similar method of retention, as approved by the Director of Public
Works.
Monitoring: Review of grading plans
Responsible Department: Public Works
Timeframe: Prior to issuance of grading permit
IX. LAND USE AND PLANNING
The City's 2001 Land Use Element identifies the proposed project site as High
Density Residential, which allows a maximum density of fourteen (14) dwelling
units per acre. At this density, the site could accommodate a maximum of eight (8)
dwelling units. Single-family attached planned unit developments are allowed in
the Multi-Family Apartment (MFA) zoning district.
Analysis of Significance: No impact
X. MINERAL RESOURCES
The proposed project site is not known to contain any mineral resources.
Analysis of significance: No impact
XI. NOISE
The proposed project will develop a site that is adjacent to residential and
professional uses, which would be exposed to short-term noise impacts during
construction of the proposed project. This impact can be mitigated with
implementation of the measures listed below.
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measures:
13.AII construction equipment shall be provided with well-maintained, functional
mufflers to limit noise.
14.AII construction activities shall be limited to the hours of 8:00 am to 6:00 pm
Monday through Saturday. No construction shall occur on Sunday.
Monitoring: Notes referencing the above measures will be
included on construction plans
Responsible Department: Public Works
Timeframe: During construction
Long-term noise impacts generated from the project are mostly related to vehicle
trips, which fall within acceptable decibel ranges.
Analysis of Significance: Less than significant
XII. POPULATION AND HOUSING
The proposed project would accommodate approximately eighteen (18) persons,
based on the City's average household size of 2.6 persons per household. This
small population is within regional and local population growth projections and
therefore consistent with the 2001 General Plan.
Analysis of Significance: Less than significant
--~.... _.__.~.. ".-----------.-
XIII. PUBLIC SERVICES
The proposed project is consistent with the City's 2001 General Plan Land Use
designation for the site. Adequate fire and police services exist in the community
to support the proposed project. The applicant will be required to pay the state
mandated school impact fees at the time of building permit issuance for residential
new construction.
Analysis of Significance: Less than significant
XIV. RECREATION
The proposed project would increase the demand for City parks and recreational
facilities, but not to a significant level. The applicant will be required to pay all
applicable parks and recreation fees.
Analysis of Significance: Less than significant
XV. TRANSPORT A TIONITRAFFIC
The proposed project would generate approximately 64 daily vehicle trips, with 6.4
peak-hour trips (pm). This is well below the threshold of 20 peak-hour trips
established by the City's 2001 General Plan to determine the necessity of a traffic
study.
Analysis of Significance: Less than significant
XVI. UTILITIES AND SERVICE SYSTEMS
The proposed project would tie into existing infrastructure for power, gas,
communications systems, water treatment and solid waste disposal. The
proposed project is within the expected demand for these services based on the
land use established in the City's 2001 General Plan and the applicant will be
required to pay related development impact fees.
Analysis of Significance: Less than significant
~._-~._..-
I.b.
CITY OF ARROYO GRANDE
CITY COUNCIL
NOTICE OF PUBLIC HEARING
.
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a
Public Hearing on the following project:
CASE NO. Amended Conditional Use Permit Case No. 03-003
APPLICANT: Camino Mercado Partners, L.P.
LOCATION: 597 Camino Mercado
PROPOSAL: The Council will consider an application for an Amended Conditional
Use P~rmit to modify the site plan for a 50-unit senior apartment
complex 'approved by Conditional Use Permit 01-010.
ENVIRONMENTAL
DETERMINATION: Mitigated Negative Declaration
REPRESENTATIVE: Jason Blankenship
In compliance with the CEQA, the Community Development Department has prepared a
Mitigated Negative Declaration (MND) on the above project. The Mitigated Negative
Declaration is available for review at the Community Development Department, City of Arroyo
Grande.
WHEN: TUESDAY, AUGUST 26,2003 AT 7:00 P.M.
WHERE: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
Any person affected or concerned by this application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be
heard in support of or opposition to the project and the environmental impacts at the time of
hearing.
Any person interested in the proposals can contact the Community Development Department
at 214 E. Branch Street, Arroyo Grande, California, during normal business hours (8:00 A.M.
to 5:00 P.M.).
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.
~i IJ0bJtUOf/.J-
Kelly W mor ,Director of Administrative Services!
Deputy City Clerk
Publish n, Friday, August 15, 2003
U :\DA T A \Notices\Amended CUP Camino Mercado20.doc
- ------_._-~~._.
MEMORANDUM
TO: CITY COUNCIL ~
FROM: ROB STRONG ~
COMMUNITY DEVELOPMENT DIRECTOR
BY: ~* KELLY HEFFERNON
, , ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF AMENDED CONDITIONAL USE PERMIT
CASE NO. 03-003 TO MODIFY THE SITE PLAN APPROVED
FOR CONDITIONAL USE PERMIT 01-010; 579 CAMINO
MERCADO; CENTRAL COAST REAL ESTATE DEVELOPMENT
DATE: AUGUST 26, 2003
RECOMMENDATION:
The Planning Commission recommends the Council adopt a Resolution approving
Amended Conditional Use Permit Case No. 03-003.
FUNDING:
There are no direct costs to the City related to the proposed amendment.
PROJECT LOCATION:
CITY COUNCIL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
AUGUST 26, 2003
PAGE 2
DISCUSSION:
BackQround
The City Council approved Conditional Use Permit 01-010 on January 22, 2002 to
construct a 60-unit senior apartment complex and 3,000 square foot senior recreation
center (see Attachment 1 for meeting minutes and Attachment 2 for Site and Grading
Plan). On May 28, 2002, the City Council approved an amendment to the project to
convert the mix of one and two-bedroom units to all two-bedroom units (Attachment 3).
During the plan check process for the project, it was determined that massive retaining
walls were necessary to hold back the steep slopes and preserve the existing oak trees
along the eastern side and rear of the property. The area of particular concern was
along the access driveway, which would require three (3) separate retaining walls
spaced 24" apart reaching a total height of eighteen feet (18') to hold back the slope
(see Attachment 4). After further research and several meetings with the applicant, the
applicant's arborist and the City's arborist, it was determined that the retaining walls
would not provide any oak tree protection and would in fact be fatal to certain oak trees
(reference Attachment B of the Initial Study for arborist report).
An alternative was subsequently developed to reduce the height and number of
retaining walls by means of construction easements on the adjacent City property.
However, this solution would require the removal of three (3) oak trees that are in
varying degrees of health. The applicant agreed to mitigate the tree removal with a
replacement ratio of eight (8) oak trees for each oak tree removed for a total of twenty-
four (24) replacement trees (5-gallon and 15-gallon). The applicant also agreed to
construct a six-foot (6') wide pedestrian path along the east side of the driveway on the
City's open space property that would terminate at the top of the knoll, but could
eventually link with other City pedestrian paths along James Way. The applicant has
also offered to dedicate the upper portion of the property where the pedestrian path
terminates to the City (roughly 9,000 square feet) as additional open space.
Subsequent to publishing the original public hearing notice, it was determined that
additional oak tree removal was required to construct the project, requiring further
environmental review that could not be completed prior to the noticed public hearing
scheduled for the July 8, 2003 City Council meeting. As a result, staff recommended,
and City Council approved, continuance of the public hearing to the August 26, 2003
meeting.
Oak Tree Impacts
During the approval process in 2002, the applicant was unaware that the project plans
did not adequately identify existing oak trees along the northern and western property
lines. Approximately thirty-five (35) Coast Live Oak trees have since been added to
the project plans as being impacted from project construction, eighteen (18) of which
would require removal (reference the tree removal summary in Table 1 below). Two (2)
of the trees to be removed are on the subject property, and sixteen (16) trees are
CITY COUNCil
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
AUGUST 26, 2003
PAGE 3
located on City property. As outlined in the Initial Study, tree removal mitigation
includes the following:
a. For each tree removed having a diameter greater than two inches (2"), the
developer shall replace with eight (8) Coast Live Oak trees (combination of 5
and 15 gallons) on-site or on the adjacent City open space property, as
approved by the Parks and Recreation Director. Eighteen (18) tree
removals would equal 144 replacement trees.
b. If the Parks and Recreation Director determines that tree replacement on or
off-site is not feasible, the applicant shall pay a tree removal mitigation fee
equal to $150.00 for each required replacement tree, or $21 ,600.
c. A combination of tree replacement and payment of the tree removal
mitigation fee may be required subject to approval of the Parks and
Recreation Director.
After considering the constraints of the site (shallow soil, steep slope, availability of
appropriate vacant land area, existing native vegetation), the Parks, Recreation &
Facilities Director has determined that a combination of tree replacement and payment
of in-lieu fees is the best mitigation. The Tree Protection and Replacement Plan
(Exhibit B of the attached resolution) identifies a total of fifty-four (54) replacement trees,
thirty (30) of which would be planted on-site, and twenty-four (24) of which would be
planted on the adjacent City property. The requirement of planting the remaining ninety
(90) replacement trees would be satisfied through payment of in-lieu fees in the amount
of $13,500.
CITY COUNCIL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
AUGUST 26, 2003
PAGE 4
TABLE 1: TREE REMOVAL SUMMARY
1 48" Remove
2 24" Remove
3 38" Trim & Maintain
4 26" Trim & Maintain
5 36" Trim & Maintain
6 24" Trim & Maintain
7 24" Remove
8 30" Trim & Maintain
9 18" Remove
10 24" Remove
11 12" Remove
12 24" Trim & Maintain
13 36" Trim & Maintain
14 38" Remove
15 10" Remove
16 14" Remove
17 14" Remove
18 40" Remove
19 18" Trim & Maintain
20 14" Trim & Maintain
21 8" Remove
22 36" Trim & Maintain
23 12" Trim & Maintain
24 12" Remove
25 8" Remove
26 8" Remove
27 40" Trim & Maintain
28 48" Trim & Maintain
29 38" Trim & Maintain
30 22" Remove
31 24" Trim & Maintain
32 36" Remove
33 18" Trim & Maintain
34 12" Trim & Maintain
35 20" Trim & Maintain
Total: Trees Maintained: 17
Trees Removed: 18
.
CITY COUNCIL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
AUGUST 26, 2003
PAGE 5
ParkinQ
The Conditional Use Permit Amendment approved last year allowed a reduction in the
required number of parking spaces as shown in Table 2 below. The amended project
was approved with a deficit of 19 parking spaces. The applicant is requesting an
exception for an additional 2 spaces for a total of 139 on-site parking spaces with the
current application (total deficit of 21 spaces).
TABLE 2: PARKING REQUIREMENTS
Required Number of Parking Proposed Proposed
Spaces Number of Number of
Parking Spaces Parking Spaces
(previous CUP (current CUP
amendment) amendment)
2 bedroom units (60 1 covered space per unit and
units): 0.5 uncovered space per unit
(60 covered and 30 uncovered
spaces)
Visitor Parking: 0.5 uncovered space per unit
(30 uncovered spaces)
Subtotal: 60 covered and 60 uncovered
spaces (120 spaces)
---------------- ----------------------- ------------- -------------
---------------- ----------------------- ------------- -------------
3,000 square foot 1 parking space for 50 square
Senior Center feet of floor area designated for
public assembly (40 spaces,
assuming 2,000 square feet is
used for public assembly)
---------------- ----------------------- ------------- ------ -----
---------------- ----------------------- ------------- -------------
TOTAL: 160 total parking spaces (60 141 total parking 139 total
covered and 100 uncovered) spaces (96 parking spaces
covered and 45 (96 covered
uncovered) and 43
uncovered)
The Development Code allows up to a 30% reduction in the required number of parking
spaces for common parking facilities with an approved Conditional Use Permit. The
reduction requires a parking study that clearly shows that the shared uses (the
residential units and the recreation center) have different hours of operation that do not
conflict. The applicant is requesting an exception to the required number of parking
spaces based on this provision, and has provided an updated parking study included as
Attachment A of the Initial Study.
PlanninQ Commission Review
During the Planning Commission meeting held on August 5, 2003, several citizens
spoke in favor of the project, while property owners located adjacent to the project site
expressed concerns about traffic impacts and loss of privacy with the proposed
-
.
CITY COUNCIL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
AUGUST 26, 2003
PAGE 6
pedestrian trail. The Planning Commission recommended approval of the revised
project with the following conditions (see Attachment 5 for annotated Meeting Minutes):
. The public path shall be relocated closer to the access driveway.
. If feasible, the five (5) oak trees located on the northwest corner of the project
site shall be saved.
The applicant has submitted a revised site plan showing the pedestrian path relocated
closer to the access driveway (see Exhibit B of the Resolution). The replacement trees
remain in their original configuration, which helps to demonstrate the relocation of the path.
Due to the amount of grading necessary to construct the project as approved, however,
the applicant's engineer has determined that it is not possible to save the five (5) oak trees
located on the upper northwest corner of the site.
ENVIRONMENTAL ASSESSMENT:
Staff has reviewed this project in compliance with the California Environmental Quality Act
(CEQA), the CEQA Guidelines and the City of Arroyo Grande Rules and Procedures for
Implementation of CEQA. An initial study was prepared and based on this analysis, a
Draft Negative Declaration was prepared with mitigation measures and noticed for public
review. No comments have been received on the Draft Negative Declaration and a Final
Mitigated Negative Declaration has been prepared for the Planning Commission to review
(Attachment 6).
AL TERNA TIVES:
The following alternatives are presented for Council's consideration:
1. Approve Planning Commission's recommendation and adopt the resolution;
2. Modify the Planning Commission's recommendation and adopt the resolution;
3. Take tentative action to deny the project application and direct staff to prepare
the appropriate resolution for Council action; or
4. Provide other direction to staff.
If the Council selects alternative 3, staff will return with the appropriate resolution at a
later meeting.
Attachments:
1. City Council Meeting Minutes of January 22, 2002
2. Site and Grading Plan (original approval)
3. City Council Meeting Minutes of May 28, 2002
4. Site Plan showing retaining walls
5. Planning Commission Annotated Meeting Minutes of August 5, 2003
6. Initial Study
Attachment A: Parking Demand Analysis by Penfield & Smith (July
14,2003)
Attachment B: Arborist Report by Mustang Tree Care (June 27,
2003)
--
RESOLUTION NO.
A RESOLUTlbN OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING AMENDED
CONDITIONAL USE PERMIT CASE NO. 03-003, LOCATED
AT 579 CAMINO MERCADO, APPLIED FOR BY CENTRAL -
COAST REAL ESTATE DEVELOPMENT, INC.
WHEREAS, the City Council approved Conditional Use Permit Case No. 01-010 on
January 22, 2002 to construct a 60-unit senior apartment complex and 3,000 square foot
senior recreation center; and
WHEREAS, the City Council approved Amended Conditional Use Permit Case No. 02-
002 on May 28, 2002 to convert the one-bedroom senior apartment units to all two-
bedroom units; and
WHEREAS, the City Council of the City of Arroyo Grande has considered Amended
Conditional Use Permit Case No. 03-003, filed by Central Coast Real Estate
Development, Inc. to modify the plans approved for Conditional Use Permit Case No. 01-
010 by reducing the on-site parking by two (2) spaces, allowing construction easements
on City open space property, removing oak trees and constructing a pedestrian path; and
WHEREAS, the City Council has held a public hearing on this application in accordance
with the City Code; and
WHEREAS, the City Council has found that this project is consistent with the General
Plan and the environmental documents associated therewith; and
WHEREAS, the City Council has reviewed this project in compliance with the California
Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande
Rules and Procedures for Implementation of CEQA and has determined that the project
is categorically exempt per CEQA Guidelines Section 15305; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
FINDINGS FOR APPROVAL
Conditional Use Permit Findings:
1. The proposed use is permitted within the Professional Commercial (P-C) District of
the Oak Park Acres Planned Development (PD 1.1) pursuant to Section 16.16.050
of the Development Code, and complies with all applicable provisions of the
Development Code, the goals and objectives of the Arroyo Grande General Plan,
and the development policies and standards of the City.
2. The proposed use will not impair the integrity and character of the district in which
it is to be established or located because the proposed use is similar to
surrounding uses.
3. The site is suitable for the type and intensity of use or development that is
proposed because all the necessary easements, circulation, parking and setbacks
would be provided.
~..-..._-_.._-.
,-
RESOLUTION NO.
PAGE 2
4. There are adequate provisions for water, sanitation, and public utilities and
services to ensure the public health and safety.
5. The proposed use will not be detrimental to the public health, safety, or welfare, or
materially injurious to properties and improvements in the vicinity because the
proposed project would not create adverse environmental impacts.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby approves Amended Conditional Use Permit Case No. 03-003, with the
above findings and subject to the conditions as set forth in Exhibit "A", attached hereto
and incorporated herein by this reference.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES: ,
ABSENT:
the foregoing Resolution was adopted this day of 2003.
---------,---_...
RESOLUTION NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
-.-----....-.-.-
RESOLUTION NO.
PAGE 4
EXHIBIT "A"
CONDITIONS OF APPROVAL
AMENDED CONDITIONAL USE PERMIT CASE NO. 03-003
Central Coast Real Estate Development, Inc.
579 Camino Mercado
COMMUNITY DEVELOPMENT DEPARTMENT
GENERAL CONDITIONS
This approval authorizes an amendment to Conditional Use Permit Case No. 01-010 to
reduce the on-site parking by two (2) additional spaces, allow construction easements on
City property, remove eighteen ( 18) Coast Live 0 ak trees, and construct a pedestrian
path on adjacent City property.
1. The applicant shall ascertain and comply with all Federal, State, County and City
requirements as are applicable to this project.
2. The applicant shall comply with all conditions of approval for Conditional Use
Permit Case No. 01-010, Amended Conditional Use Permit Case No. 02-002, and
Amended Conditional Use Permit Case No. 03-003.
3. This application shall automatically expire on August 26, 2005 unless a building
permit is issued. Thirty (30) days prior to the expiration of the approval, the
applicant may apply for an extension of one (1) year from the original date of
expiration.
4. Development shall occur in substantial conformance with the plans presented to
the City Council at the meeting of August 26,2003, and marked Exhibit" 81".
Setbacks, lot coverage, and floor area ratios shall be as shown on the
development plans, except.as specifically modified by these conditions.
5. The applicant s hall agree to defend at his/her sole expense any action brought
against the City, its present or former agents, officers, or employees because of
the issuance of said approval, or in anyway relating to the implementation thereof,
or in the alternative, to relinquish such approval. The applicant shall reimburse the
City, its agents, officers, or employees, for any court costs and attorney's fee's
which the City, its agents, officers or employees may be required by a court to pay
as a result of such action. The City may, at its sole discretion, participate at its
own expense i n ttJe defense of any such action but such participation shall not
relieve applicant of his/her obligations under this condition.
6. To formalize the offer of dedication to the City of Arroyo Grande of the northern
portion of the property where the pedestrian path terminates, the applicant shall
record a lot line adjustment between the subject property and the City's open
space property.
_......_----+--"-
RESOLUTION NO.
PAGE 5
7. Prior to issuing a certificate of occupancy, the applicant shall make necessary
improvements for the pedestrian path as indicated on Exhibit "B".
8. The public pedestrian path that begins at the bus turnout on Camino Mercado in
front of the project site shall connect to the pedestrian path located adjacent to the
access driveway on City property. The pedestrian crossing over the access
driveway shall be clearly marked.
9. To satisfy tree removal mitigation requirements, the applicant shall plant fifty-four
(54) 5 and 15-gallon Coast Live Oak trees on and off site per the approved Tree
Protection and Replacement Plan, or as modified by the Parks, Recreation and
Facilities Director, and pay $13,500 as tree removal in-lieu fees for the ninety (90)
replacement trees that cannot be accommodated on or off-site. The replacement
trees shall be maintained by the applicant for a period of three (3) years, or until
the City determines that the replacement trees are established and no longer in
need of irrigation and maintenance. If any of the replacement trees die within this
timeframe, the applicant shall replace in-kind, subject to approval of the Parks,
Recreation and Facilities Director.
S:\COMMUNITY _DEVELOPMENnPROJECTS\CUP\Cenlral Coast Real Estate Dev\CC ACUP 2 Reso.doc
------_..
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CITY COUNCIL MINUTES ATTACHMENT 1
JANUARY 22, 2002
PAGE 3
8.h. Consideration of Payment to Utility Companies for Work on the Oak Park
Boulevard Widening Project, Project PW-00-01.
Action: 1) Authorized payments that total $101,800 to affected utility companies
including Pacific Gas & Electric ($80,500), Pacific Bell ($14,800), and Charter
Communications ($6,500) for design and construction services on the Oak Park
Boulevard Widening Project; and 2) Authorized the City Manager to approve
change orders not to exceed the contingency of $10,800 for use only if needed
for unanticipated undergrounding costs during the construction phase of the
project.
8.i. Authorization to Refund Application Fees for the Arroyo Grande Village
Improvement Association Christmas Caroling in the Village.
Action: Considered and approved request to refund the fee for Temporary Use
Permit 01-029.
8.j. Consideration of EIR Consultant Services Agreement, Creekside Center
Project.
) Action: 1) Approved the Consultant Services Agreement; and 2) Approved the
Applicant's Agreement.
AYES: Lubin, Ferrara, Dickens, Runels
NOES: None
ABSENT: Lady
There being 4 AYES, 0 NOES, and 1 ABSENT, the motion is hereby declared to be
passed.
9. PUBLIC HEARING
9.a. Consideration of Conditional Use Permit Case No. 01-010 to Construct a 60-
Unit Senior Apartment Complex and a 3,000 Square Foot Senior Recreation
Center.
Community Development Director Strong presented the staff report. He explained that
the Council previously considered this project on December 11, 2001 and continued the
public hearing to request staff to prepare policy language regarding financial assistance
from the City's Affordable Housing In-Lieu Fund and park fee waivers. The Planning
Commission recommended the Council adopt a Resolution adopting a mitigated
negative declaration, instructing the Director of Administrative Services to file a Notice
of Determination, and approving Conditional Use Permit Case No. 01-010. Staff further
recommended the Council review the information provided regarding affordable hosing
assistance allocation for the proposed project and authorize housing funding assistance
in the amount of $40,700; and review the information provided regarding the applicant's
request for park fee waivers and authorize a fee waiver of $3,985 of the Community
Center Impact Fees and fee credit of $39,671.84 for Park Development Fees.
---
CITY COUNCIL MINUTES
JANUARY 22, 2002
PAGE 4
Mayor Pro Tern Runels opened the Public Hearing and stated all members of the public
were invited to come forward and speak on the matter.
Ray Abdun-Nur, 955 Via Las Aguilas, stated he had spoken on the issue previously. He
said the main concern of the Homeowners Association was the impact of increased
traffic and safety of the senior citizens. He made several suggestions and requested
the Council reconsider the traffic issues. He also stated he would like to see a concrete
tile roof on the project in order to better blend in with the surrounding buildings and to
eliminate a fire hazard as the building backs up to wooded open space.
Earl Paulding, 232 La Cresta Drive, spoke in support of senior housing in this area. He
said persons inquiring about senior housing have approached him. He spoke of the
non-profit corporation that was formed to operate a senior center within the project.
Jerre Sumpter, 575 Via Las Aguilas, stated he would ask what can be assured with
regard to traffic safety. He referred to Camino Mercado from Rancho Parkway to W.
Branch and the number of driveways along the stretch of road. He wanted to know
what could be done to ensure traffic moves safely. He also requested consideration for
a tile roof on the project, referring to all similar surrounding commercial buildings in
order to provide for a comparable visual effect.
Gary Young, 2850 MesaAlta Lane, applicant, referred to his written correspondence
included in the staff report and requested a further reduction in the park fees above
staff's recommendation; requested an increase in the affordable housing in-lieu fee
allocation due to the fact that 25% of the units were being allocated to moderate income
seniors; and requested more clarification and a commitment from the City with regard to
the amount and timing of reimbursement from the Traffic Signalization Fund for the
traffic signal required to be installed.
Hearing no further public comments, Mayor Pro Tem Runels closed the Public Hearing.
Council Member Lubin asked questions of the applicant regarding the proposed roof
material; commented that in terms of traffic, any issues that arise could be brought to
the Traffic Commission to consider potential parking restrictions or red-curbs; and asked
about the formulas used for calculating the affordable housing allocation and park fee
waiver.
Council Member Ferrara also asked questions of the applicant regarding the proposed
roof material and strongly suggested that concrete tile or flat concrete look-alike tile
would be more accepted and look more pleasing aesthetically.
Mr. Young stated the Architectural Review Committee had unanimously agreed with the
proposed craftsman-style theme for the project. He stated a tile roof would not be
compatible with that type of theme. He stated that the roof would have the appearance
_._-. -.-.-..-....-
CITY COUNCIL MINUTES
JANUARY 22, 2002
PAGE 5
of a shingle roof for architectural relief and would blend in with the surrounding
landscape.
Council Member Ferrara referred to the signalization issue and asked if there was a
composite traffic plan for Camino Mercado. He asked for clarification that when other
approved projects are built, they would also contribute their fair share for the signal.
Public Works Director Spagnolo replied yes, that through an agreement the applicant
would be reimbursed for its costs.
Council Member Ferrara stated that given the variables on Camino Mercado, increased
circulation with this project, the Kolbo project, and the Cool project, he could not ignore
the increase in traffic, despite the installation of the signal. He suggested the need to
start focusing on a comprehensive traffic plan for this road in order to ease the
additional traffic burden. Director Spagnolo agreed and mentioned some of the overall
concepts that have been addressed in the Brisco/Hwy 101 Project Study Report.
Council Member Ferrara asked questions of Parks, Recreation, and Facilities Director
Hernandez regarding waiving of park fees and agreed with the approach used to
calculate a waiver for this project.
Council Member Ferrara concluded by stating he was hoping for better architectural
blending with regard to roofing material; expressed that the traffic issue is a concern;
commented that congestion within the urban core is going to intensify; and a traffic plan
is needed to address these issues. He stated that with regard to the safety issue, he
was not as concerned with this proposal as with the previously proposed project, as this
would not be an assisted living facility and steps had been taken to reduce the grade.
He agreed there was a need for moderate-income senior housing and a place for
seniors to meet. He favored approving the fee waivers as recommended.
Council Member Dickens agreed that the cumulative traffic impact would definitely need
to be addressed. He believed that this project had other factors that outweigh other
issues, and referred to conditions of approval #63 which addresses street widening;
#66 regarding the requirement for installation of a traffic signal; and #67 requiring the
installation of curb and sidewalk. After asking for clarification regarding the sample roof
material and the difference between the 35 and 40-year roof, he expressed a desire that
the roof show more definition. He commented that with regard to the park fees, the City
could collect park improvement fees over the next ten years and not be able to build a
facility as proposed by the applicant. He stated he would favor a 100% waiver of the
park fees and urged the Council to reconsider. He supported staff's recommendation
regarding the housing in-lieu fee allocation and had no issue with the traffic signal
reimbursement agreement if the applicant could work the details out with staff.
Mayor Pro Tern Runels referred to condition of approval #13, which states the
development shall be restricted to senior citizens ages 55 and older, and asked if both
"._~.-
CITY COUNCIL MINUTES
JANUARY 22, 2002
PAGE 6
spouses have to be 55 or older. Director Strong stated that the intent of the condition
was that one person qualifies.
Mayor Pro Tem Runels spoke about the water neutralization program and commented
that most facilities in the City had been retrofitted. He suggested that the City require
an in-lieu payment instead. Director Spagnolo replied that the City offers the applicant
the ability/option to pay a fee or to retrofit.
Council Member Lubin asked when the applicant would be reimbursed for the traffic
signal expenses. Director Spagnolo responded that those details would be negotiated
in the Traffic Signal Reimbursement Agreement. City Attorney Carmel suggested that
perhaps the Council would like to set parameters for. reimbursement. Discussion
ensued on the matter.
There was further discussion on the difference between the park development and park
\ improvement fees and what they are used for and clarification of existing policies and
I procedures on fee waivers.
Council Member Lubin stated that he could support some increase in the waiver, but not
a 100% waiver of the park fees; he supported the affordable housing fee allocation,
however, he felt it was prudent for the Council to direct how the reimbursement was
paid and suggested a "pay as you go" method of reimbursement; agreed that the
concerns expressed about the roof material were valid, however a 40 year composite
roof is good, provides good definition, and would blend in; agreed regarding the need to
look at concerns with traffic as the project moves forward; commented that the sooner
the project gets moving, the sooner the signal would be installed; and strongly
recommended the painting of a center line along Camino Mercado. He supported the
project as proposed.
Council Member Ferrara expressed concern with altering the policy with regard to fee
waivers and supported allowing the applicant to use the protest process currently in
effect. Discussion ensued about the protest procedure and suggestions for setting a
specified time of reimbursement to the applicant for the installation of the traffic signal.
Staff was directed to include a two (2) year term in the Traffic Signal Reimbursement
Agreement.
City Manager Adams suggested adding a condition to the project regarding the senior
center, which would require the applicant to enter into an agreement with the entity in
charge of the operation of such a center. City Attorney Carmel stated that subject to the
applicant's approval, the condition could read as follows: "Condition #83. Senior Center
AQreement. Prior to issuance of a Certificate of Occupancy, the applicant shall enter
into an agreement with a private, non-profit entity or public entity for the operation of the
Senior Center within the project for the maximum benefit of the Arroyo Grande and
South County senior citizen community. The Agreement shall have a minimum term of
,-----,,--
.
CITY COUNCIL MINUTES
JANUARY 22, 2002
PAGE 7
ten (10) years and shall be subject to the approval of the City of Arroyo Grande City
Manager and City Attorney."
Mr. Young agreed to added Condition #83, as proposed.
Council Member Lubin moved to 1) Approve a Resolution, as amended to add
Condition #83, adopting a mitigated negative declaration, instructing the Director of
Administrative Services to file a Notice of Determination, and approving Conditional Use
Permit Case No. 01~010, located at 579 Camino Mercado, applied for by Central Coast
Real Estate Development, Inc., 2) Authorize housing funding assistance in the amount
of $40,700; and 3) Authorize a fee waiver of $3,985 of the Community Center Impact
Fees and fee credit of $39,671.84 for Park Development Fees. Council Member
Ferrara seconded the motion.
10. CONTINUED BUSINESS
" None.
\
11. NEW BUSINESS
11.a. Proposed Process for Traffic Way Area Strategic Plan.
City Manager Adams presented the staff report He explained that staff had started to
identify a number of issues and needs of existing businesses on Traffic Way, including
parking, traffic, and ability for expansion. He explained the purpose of the Strategic
Plan was to facilitate retention and expansion of existing businesses on Traffic Way,
which is a primary objective of the City's economic development strategy and program,
and identify options for land uses and redevelopment opportunities. Community
Development Director Strong further explained that a portion of Traffic Way is
designated as Mixed Use and explained the process may include streetscape ideas and
design guidelines.
Mayor Pro Tem Runels stated that every business and property owner on Traffic Way
should be notified prior to any meetings. City Manager Adams explained that the
process would be more focused due to smaller group meetings.
Council Member Lubin asked about the status of design engineering for E. Grand
Avenue. Director Strong replied that a presentation on the E. Grand Avenue Master
Plan was scheduled for the February 12th Council meeting.
Mayor Pro Tern Runels opened up the item for public comment, and upon hearing none,
brought the issue back to Council for consideration.
Council directed staff to proceed with the proposed Traffic Way Area Strategic Plan
process.
_.~._._~_.._. - ---------,..---
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MAY 28, 2002
PAGE 4
mandated cost recovery services, she explained that this activity does not qualify for
reimbursement.
Council Member Ferrara supported the proposal and stated it would be helpful to have
this information available should there ever be a FEMA disaster.
Council Member Dickens moved and Council Member Ferrara seconded the motion to
approve Consent Agenda Item 8.e., with the recommended course of action:
AYES: Dickens, Ferrara, Runels, Lubin, Lady
NOES: None
ABSENT: . None .
There being 5 AYES and 0 NOES, the motion is hereby declared to be passed.
9. PUBLIC HEARINGS
\
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9.a. Consideration of Amended Conditional Use Permit Case No. 02-002;
Amendment of Conditional Use Permit 01-010 to Convert 20 One-Bedroom
Units to Two-Bedroom Units; 579 Camino Mercado; Central Coast Real
Estate Development.
Community Development Director Strong presented the staff report and recommended
the Council adopt a Resolution approving Amended Conditional Use Permit Case No.
02-002.
Council Member Dickens spoke regarding the issue of marketability and supported the
proposed amendment to the Conditional Use Permit.
Council Member Ferrara clarified that modifications would only be made to the interior
of the units and the exterior square footage would not change. He supported the
proposed amendment.
Council Member Lubin, Mayor Pro Tern Runels, and Mayor Lady supported the
proposed amendment.
Council Member Dickens asked the applicant questions regarding the financing for the
project as well as the issue of providing affordable housing within the project.
Mayor Lady opened the Public Hearing and stated all members of the public were
invited to come forward and speak on the matter.
Gary Young, applicant, explained that all of the funding for the project would come from
private financial institutions and that 25% of the total number of units would still be
reserved as moderately affordable units; however, they would all be two-bedroom units.
-----.-
-
CITY COUNCIUREDEVELvPMENT AGENCY MINUTES
MAY 28, 2002
PAGE 5
Hearing no further public comments, Mayor Lady closed the Public Hearing.
Council Member Ferrara moved to adopt a Resolution approving Amended Conditional
Use Permit Case No. 02-002, located at 579 Camino Mercado, Applied for by Central
Coast Real Estate Development, Inc. Council Member Dickens seconded the motion,
and on the following roll-call vote, to wit:
AYES: Ferrara, Dickens, Runels, Lubin, Lady
NOES: None
ABSENT: None
There being 5 A YES and 0 NOES, the motion is hereby declared to be passed.
9.b. Consideration of Request for Amendment to Certificate of Public
Convenience and Necessity - Grover Beach Taxi.
Director of Administrative Services Wetmore presented the staff report and
recommended the Council consider public comment and adopt a Resolution authorizing
the requested modifications to the Certificate .of Public Convenience and Necessity
issued to Grover Beach Taxi as follows: 1) Immediate addition of a second taxicab, 2)
change of ownership from sole proprietorship to a corporation as of January 1, 2003,
and 3) addition of a third taxicab as of May 1, 2003.
Mayor Lady opened the Public Hearing and stated all members of the public were
invited to come forward and speak on the matter. Hearing none, Mayor Lady closed the
Public Hearing.
Council Member Lubin expressed support for the additional taxicabs and commented
that competition in the area was needed. He stated that the senior taxi program would
benefit seniors as well as the community.
Council Member Dickens acknowledged there had been no complaints about taxi
services and supported the requested modifications.
Council Member Ferrara noted that the population was increasing and that services
within the community must increase to meet the needs. He supported the requested
modifications.
Mayor Pro Tem Runels expressed support for the proposal; stated competition among
the taxi companies is healthy; and that seniors in the community would be the primary
beneficiary.
Mayor Lady supported the requested modifications stating there would better service for
the community by filling unmet needs; and commented that part of free enterprise is
growth.
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ANNOTATED AGENDA ATTACHMENT 5
CITY OF ARROYO GRANDE
SPECIAL MEETING
PLANNING COMMISSION
AUGUST 5, 2003
ROLL CALL Commissioners Arnold, Fowler, Keen and Chair Guthrie
present. Commissioner Brown absent.
PLEDGE OF ALLEGIANCE*
AGENDA REVIEW: No changes.
APPROVAL OF MINUTES: The minutes of April 1 and June 17, 2003 were
unanimously approved on a motion by Commissioner
Arnold, seconded by Commissioner Fowler and by a 4/0
voice vote, Commissioner Brown being absent.
ORAL COMMUNICATIONS: None
WRITTEN COMMUNICATIONS:
1. Email from Janice Dunn, 545 Dos Cerros Court, re Public Hearing Item ILA. - Camino
Mercado senior apartment complex, stating her opposition to the proposed walkway
behind her home.
PUBLIC HEARING ITEM II.A. - AMENDED CONDITIONAL USE PERMIT CASE NO. 03-
003; APPLICANT - CENTRAL COAST REAL ESTATE DEVELOPMENT; LOCATION -
579 CAMINO MERCADO. Staff report prepared and presented by Associate Planner, Kelly
Heffernon.
Ms. Heffernon gave an overview of the previously approved senior housing project
explaining that the applicant was requesting:
. An exception for the reduction of an additional 2 parking spaces.
. Approval of mitigation for tree removal not previously identified: A combination of
tree replacement and payment of in-lieu fees as mitigation.
Dan Hernandez,. Parks & Recreation Director, spoke regarding the Tree Protection and
Replacement plans.
Commissioner Arnold asked for clarification on the proposed grading.
Commissioner Keen asked if the Parks and Recreation Department had a specific tree
replacement fund for the proposed in-lieu fees. Mr. Hernandez said there was a tree
replacement fund.
Chair Guthrie asked about the success rate for transplanting of oaks. Ms. Heffernon said
she had learned after research that transplanting should not be considered as mitigation
and that the smaller the tree to be transplanted the better the survival rate.
Chair Guthrie opened the Public Hearing.
Tim Foley, Arborist for the applicant, spoke explaining the condition of the trees and his
recommendations.
The Commission discussed:
. Construction easements on the City's open space property that surrounds the site.
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ANNOTATED AGENDA PAGE 2
PLANNING COMMISSION
AUGUST 5, 2003
. The grading and height of walls.
. Concerns about tree removal in order to provide parking spaces in the upper left
corner of the site (Northwest).
Ray Abduner, neighbor who lives close to the project, stated concerns regarding increased
traffic; the grade of the project driveway would be hazardous for seniors; the tree loss had
not previously been mentioned and that he felt the only benefit would be the senior center.
Earla Paulding - speaking on behalf of a group of seniors (several were present), stated
, seniors in this area need housing ana a senior center.
Russell Miller, owner of vacant lot behind the open space, had a concern with the proposed
trail/path beside the open space and that 3 lots would have privacy issues; requested that
the path be moved closer to the driveway or that the area be used as park without a path.
Colleen McClain, representative for several senior groups in the County, stated seniors
need to place to meet and there is nothing in the Five Cities area; seniors are being
neglected.
Chair Guthrie closed the Public Hearing.
The Commission comments:
. Agreed to applicant's request for reduction of 2 parking spaces.
. Asked if the grading plan could be refined to relocate the proposed public path closer
to the driveway traversing the graded open space.
. Against removing oaks to provide parking spaces.
. Suggested a lot of planting to provide privacy for Rancho Grande and investigate
tree replacement with 15-gallon trees instead of 5 gallon.
. Look at saving trees in the upper left area of the site.
. Nice project; seniors do need housing and a senior center.
Commissioner Keen made a motion, seconded by Commissioner Arnold to recommend that
City Council approve Amended Conditional Use Permit Case No. 03-003, with the following
conditions:
. The grading plan be refined to relocate the public path closer to the driveway
traversing fhe slope.
. Like to see more trees saved especially on the Northwest corner of the project site,
and the arborist should report to City Council.
The motion was approved with the following roll call vote:
AYES: Commissioners Keen, Arnold, Fowler and Chair Guthrie
NOES: None
ABSENT: Commissioner Brown
PUBLIC HEARING ITEM II.B. - VARIANCE CASE NO. 03-003 AND LOT LINE
ADJUSTMENT CASE NO. 03-003; APPLlCANT- PATRICK KENNEDY; LOCATION -
121 LE POINT. Staff report prepared and presented by Kristin Krasnove, Planning Intern.
A TT ACHMENT 6
CITY OF ARROYO GRANDE
- INITIAL STUDY -
1. Project Title: Amended Conditional Use Permit Case No. 03-003
2. Lead Agency Name & Address: City of Arroyo Grande
P.O. Box 550/214 E. Branch Street
Arroyo Grande, CA 93421
3. Contact Person & Phone #: Kelly Heffernon
(805) 473-5420
4. Project Location: 579 Camino Mercado
Arroyo Grande, CA 93420
5. Project Sponsor's Name & Address: Central Coast Real Estate Development
2815 Mesa Alta Lane
Arroyo Grande, CA 93420
6. General Plan Designation: Planned Development-Mixed Use (PD-MU)
7. Zoning: Oak Park Acres Planned Development (PO 1.1)
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of
the project, and any secondary, support, or off-site features necessary for its implementation. Attach
additional sheets if necessary.)
The proposed project is to modify the site plan for a previously approved Conditional Use Permit (CUP 01- \
010) for a 50-unit senior apartment complex with a 3,000 square foot senior recreation center located on a
3.97-acre site. The modifications include elimination of massive retaining walls and construction easements
to allow grading on the adjacent City property, elimination of two (2) on-site parking spaces, relocation of
trash enclosures, and removal of nineteen (19) coast live oak trees. The initial study for the previous project
identified no tree removal. This initial study incorporates the previous mitigation measures for identified
environmental impacts in addition to the newly identified impacts.
9. Other agencies whose approval is required (and permits needed):
None.
1
DETERMINATION.
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A NEGATIVE DECLARATION will be prepared. X
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has
been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been
addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the
effect is a "potentially significant impact" or "potentially significant unless mitigated". An
ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be
addre~sed
-" 7/2~/t/3
Date
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a
"POTENTIAllY SIGNIFICANT IMPACT" or "POTENTIAllY IS SIGNIFICANT UNLESS MITIGATED", as indicated by the checklist on
the following pages.
o land Use and Planning . Biological Resources o Public Services
o Population and Housing o Energy and Mineral Resources o Utilities and Service Systems
. Geophysical . Hazards o Aesthetics
. Water . Noise . Cultural Resources
. Air Quality o Mandatory Findings of Significance . Recreation
. Transportation/Circulation
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information
sources a lead agency cites in the parentheses following each question. A "No Impact" question is adequately supported if the
referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project
falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project specific factors as
well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific
screening analysis).
2. All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-
level, indirect as well as direct, and construction as well as operations impacts.
3. "Potentially Significant Impact" is appropriate if an effect is significant or potentially significant, or is the lead agency lacks
information to make a finding of insignificance. If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4. "Potentially Significant Unless Mitigated" applies where the incorporation of mitigation measures has reduced an effect from
"Potentially Significant Impact" to a "less than Significant Impact." The lead agency must describe the mitigation measures
and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier
Analyses", may be cross referenced.)
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CECA process, an effect has been
adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section
XVII at the end of the checklist.
6. lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts le.g.,
general plans, zoning ordinances). A Source List should be attached and other sources used or individuals should be cited in the
discussion.
2
...
I. LAND USE AND PLANNING. Would the proposal:
a) Conflict with general plan designation or zoning?
(source lis): 1,2,3,4) X
b) Conflict with applicable environmental plans or policies
adopted by agencies with jurisdiction over the project?
(source lis): 1,6,7) X
c) Affect agricultural resources or operations (e.g., impacts
to soils or farmlands, or impacts from incompatible land
uses)? (source lis): 9, 11) X
d) Disrupt or divide the physical arrangement of an
established community (including a low-income or
minority community)? (source #(s): 2,4,11) X
II. POPULATION AND HOUSING. Would the proposal:
a) Cumulatively exceed official regional or local population
projections? (source lis): 1,5,9)
b) Induce substantial growth in an area either directly or
indirectly (e.g., through projects in an undeveloped area
or extension of major infrastructure)?
(source lis): 9,10)
c) Displace existing housing, especially affordable housing?
(source lis): 9,10,11)
III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts invoMng:
a) Seismicity: fault rupture? (source lis): 5,6)
b) Seismicity: ground shaking or liquefaction?
(source lis): 5,6)
c) Seismicity: seiche or tsunami? (source lis): 5,6) X
d) landslides or mudslides? (source lis): 5,6)
e) Erosion, changes in topography or unstable soils
conditions from excavation, grading or fill?
(source lis): 10)
f) Subsidence of land? (source lis): 5,6)
g) Expansive soils? (source lis): 5,6)
h) Unique geologic or physical features? (source lis):
5,6,10,11) X
3
.
IV. WATER: Would the proposal result in:
a) Changes in absorption rates, drainage patterns, or the
rate and amount of surface runoff? (source lIs): 10)
b) Exposure to people or property to water related hazards
such as flooding? (source lIs): 8) X
c) Discharge into surface waters or other alteration of
surface water quality (e.g., temperature, dissolved
oxygen or turbidity? (source lIs): 9) X
d) Changes in the amount of surface water in any water
body? (source lIs): 9, 10) X
e) Changes in currents, or the course or direction of water
movements? (source lIs): 9, 10) X
f) Change in the quantity of ground waters, either through
direct additions or withdrawals, or through interception
of an aquifer by cuts or excavations?
(source lIs): 9, 10)
g) Altered direction or rate of flow of groundwater?
(source lIs): 9, 10) X
h) Impacts to groundwater quality? (source lIs): 9,10)
i) Substantial reduction in the amount of water otherwise
available for public water supplies? (source lIs): 6)
V. AIR QUALITY: Would the proposal:
a) Violate any air quality standard or contribute to an
existing or projected air quality violation?
(source lIs): 7, 13)
b) Expose sensitive receptors to pollutants? (source lIs):
10, 11) X
c) Alter air movement, moisture, or temperature, or cause
any change in climate? (source lIs): 9) X
d) Create objectionable odors? (source lIs): 9,10) X
VI. TRANSPORTA TION/CIRCULATION. Would the proposal result in:
a) Increased vehicle trips or traffic congestion? (source
lIs): 13)
b) Hazards to safety from design features (e.g., sharp
curves or dangerous intersections) or incompatible uses
(e.g., farm equipment)? (source lIs): 9, 10) X
c) Inadequate emergency access or access to nearby sites?
(source lIs): 9, 10) X
d) Insufficient parking capacity on-site or off-site? (source
lIs): 3,9, 10)
4
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"-
Hazards or barriers for pedestrians or bicyclists? (source
Its): 9, 10) X
f) Conflicts with adopted policies supporting alternative
transportation (e.g., bus turnouts, bicycle racks)?
(source Its): 9, 10) X
VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to:
a) Endangered, threatened or rare species or their habitats
(including but not limited to plants, fish, insects,
animals, and birds? (source Its): 6)
b) Locally designated species (e.g., heritage trees)?
(source Its): 10, 11)
c) Locally designated natural communities (e.g., oak forest,
coastal habitat)? (source Its): 10, 11)
d) Wetland habitat (e.g., marsh, riparian and vernal poo!)?
(source Its): 9, 11)
X
e) Wildlife dispersal or migration corridors?
(source#(s): 11)
VIII. ENERGY AND MINERAL RESOURCES. Would the proposal:
a) Conflict with adopted energy conservation plans?
(source Its): 1, 6)
b) Use non-renewable resources in a wasteful and
inefficient manner? (source Its): 9, 10)
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of hazardous
substances (including, but not limited to: oil, pesticides,
chemicals or radiation? (source Its): 9) X
b) Possible interference with an emergency response plan
or emergency evacuation plan? (source #(s): 9, 10)
X
c) The creation of any health hazard or potential health
hazard? (source Its): 9, 10) X
d) Exposure of people to existing sources of potential
health hazards? (source Its): 9,10,11) X
e) Increased fire hazard in areas with flammable brush,
grass, or trees? (source Its): 10, 11)
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels? (source Its): 1, 9)
b) Exposure of people to severe noise levels?
(source Its): 9, 10)
5
-
XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered
government services in any of the fol/owing areas:
a) Fire Protection? (source lIs): 6)
b) Police Protection? (source lIs): 6)
c) Schools? (source lIs): 6)
d) Maintenance of public facilities, including roads?
(source lIs): 6)
e) Other governmental services? (source lIs): 6)
XII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or
substantial alterations to the fol/owing utilities:
a) Power or natural gas? (source lIs): 9, 10) X
b) Communications systems? (source lIs): 9, 10) X
c) Local or regional water treatment or distribution X
facilities? (source lIs): 6)
d) Storm water drainage? (source lIs): 6) X
e) Solid waste disposal? (source lIs): 6) X
XIII. AESTHETICS. Would the proposal:
a) Affect a scenic vista or scenic highway?
(source lIs): 1, 10, 11)
b) Have a demonstrable negative aesthetic effect?
(source lIs): 9, 10, 11)
c) Create light or glare? (source lIs): 9,10)
XIV. CULTURAL RESOURCES. Would the proposal:
a) Disturb paleontological resources? (source lIs): 6, 11) X
b) Disturb archaeological resources (source lIs): 6, 11)
c) Affect historical resources? (source lIs): 6, 11) X
d) Potentially cause a physical change that would affect X
unique ethnic cultural values? (source lIs): 11)
e) Restrict existing religious or sacred uses within the X
potential impact area? (source lIs): 10, 11)
XV. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or regional parks
or other recreational facilities? (source lIs): 1, 3)
b) Affect existing recreational opportunities?
(source lIs): 1, 5) X
6
-
XVI. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining levels,
threaten to eliminate a plant or animal community,
reduce the number or restrict the range of a rare or
endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory?
b) Does the project have the potential to achieve short-
term, to the disadvantage of long-term, environmental
goals?
c) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection
with the effects of past projects, the effects of other
current projects, and the effects of probable future
projects.)
d) Does the project have environmental effects which will
cause substantial adverse effects on human beings,
either directly or indirectly?
XVII. EARLIER ANALYSES.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CECA process, one or more effects have
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a discussion should
identify the following on attached sheets:
a) Earlier analyses used. Identify earlier analyses and state where they are available for review.
b) Impacts adequately addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed by earlier documents.
c) Mitigation Measures. For effects that are "potentially significant" or "potentially significant unless mitigated",
describe the mitigation measures which were incorporated or refined from the earlier document and the extent to
which they address site-specific conditions for the project.
SOURCE LIST:
1. City of Arroyo Grande General Plan (October 2001)
2. City of Arroyo Grande General Plan Land Use Map (October 2001)
3. City of Arroyo Grande Development Code
4. City of Arroyo Grande Zoning Map
5. City of Arroyo Grande Existing Setting and Community Issues Report
6. City of Arroyo Grande General Plan Program ErR (October 2001)
7. Air Pollution Control District Clean Air Plan
8. FEMA - Flood Insurance Rate Map
9. Project Description
10. Project Plans
11 . Site Inspection
12. Ordinance 521 C. S.
13. San Diego Council of Governments - Vehicular Traffic Generation Rates
7
ENVIRONMENTAL SETTING:
The project site is approximately 3.97 acres in size and is located on Camino Mercado in the Professional
Commercial District (P-C) of the Oak Park Acres Planned Development (PD 1.1). Surrounding the site is a newly
constructed office development to the west, single-family residences to the east, the Oak Park Professional Center
to the south, and open space property to the north. The site slopes steeply up from Camino Mercado and then
becomes relatively flat where a building pad was graded in 1987. The property is highly visible from Highway 101
and from the properties west of Highway 101 along EI Camino Real, Chilton Street and Hillcrest Drive. The property
is currently vacant and contains numerous mature Coast Live Oak trees. A total of nineteen (19) trees will be
removed as a result of this project. Pismo Clarkia, a federally designated endangered plant species and a State
Rare Plant, has been identified in three areas along the western property boundary. The project site is not located
near a known cultural resource area.
PROJECT DESCRIPTION
The project evaluated by this initial study is an amendment to a previously approved senior housing development
consisting of sixty (60) senior apartment units and a 3,000 square foot senior recreational center. The City first
approved this project on January 22, 2002, and subsequently approved an amendment on May 28, 2002 to
convert the mix of one and two-bedroom units to all two-bedroom units and reduce the on-site parking by ten (10)
spaces. The proposed second amendment is for minor site plan modifications that will impact on-site parking,
retaining walls, and oak trees. The original project plans did not adequately identify existing oak trees that will be
impacted with project construction and were later discovered during the plan check process. A total of eighteen
(18) oak trees are proposed to be removed, and two (2) on-site parking spaces will also be lost. Construction
easements are proposed on the adjacent City open space property to avoid the need for substantial retaining walls
along the access driveway.
EXPLANATIONS TO INITIAL STUDY CHECKLIST:
I. lAND USE AND PLANNING
The property is located in the Oak Park Acres Planned Development (PD 1.1), and is subject to the site
development standards for the Professional Commercial zoning designation of PD 1 .1, and other ordinances of
the City of Arroyo Grande. Construction of a senior housing facility is consistent with the General Plan and
zoning for the site, and no impacts in land use or planning would result. The proposed project does not pose
conflicts with existing environmental plans and/or policies. There are no agricultural operations in the vicinity
of the project site. The project is adjacent to existing residential and commercial office development and open
space. Given these diverse existing land uses, the proposed project would not disrupt or divide an established
community .
Analysis of Significance: No impact.
II. POPULATION & HOUSING
Occupancy of the project upon completion would increase the population of the area above current levels, but
not above levels anticipated by the General Plan. As stated above, the project is consistent with the General
Plan and zoning for the site.
Analysis of Significance: Less than significant impact.
III. GEOPHYSICAL
In 1986, a 180-room skilled nursing facility was approved for this site. Construction for that project began in
1987, but ceased in early 1988 after several building pads were cut and retaining walls installed. As a result,
minimal additional grading is required for the proposed project. The applicant has submitted a soils report (on
file in the Community Development Department) discussing existing site conditions, and measures to reduce
potential soils-related impacts. Standard erosion control measures would address on-site construction period
erosion by wind or water. Long-term erosion potential would be addressed through installation of landscaping
and storm drainage facilities, both of which would be designed to meet applicable regulations.
8
Based on the General Plan and review of the Alquist-Priolo Zone Fault maps, the proposed project is not
located on a known earthquake fault subject to rupture. The proposed project will be subject to the effects of
periodic seismic events in the region, including ground shaking. However, exposure of people to these events
can generally be mitigated to an acceptable level of risk by following Uniform Building Code development
standards.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
1. The applicant shall implement the recommendations included in the Preliminary Soils
Engineering Report prepared by GeoSolutions, Inc. dated October 4, 2001 (Project No.
SL002497-1),on file in the Community Development Department.
Monitoring: Review of grading, drainage, and foundation plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
IV. WATER/DRAINAGE
Water. Development of the proposed project would require water for both domestic use and landscape
irrigation. Projected water demand is approximately 7.2 acre-feet of water per year. The water consumption
by this project would further reduce the City's supply of available water. This impact could be mitigated using
water-conserving designs, fixtures and landscaping.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
2. The applicant shall complete measures to neutralize the estimated increase in water demand
created by the project by either:
Implement an individual water program that utilizes fixtures and designs that
minimize water usage. The calculations shall be submitted to the Director of
Public Works for review and approval. The proposed individual water program
shall be submitted to the City for approval prior to implementation; or,
Pay an in lieu fee.
Monitoring: Review of individual water program or payment of the in
lieu fee
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
According the City's Water System Master Plan, the project does not have adequate water storage facilities to
serve the project. The Rancho Grande Reservoir (Reservoir No.5) provides water storage to the vicinity of the
proposed development; however, it has been identified as being inadequate to provide sufficient water storage
to the site vicinity. The City currently has capital improvement plans to upgrade the Oro Reservoir (Reservoir
No.3), which would interconnect with the Reservoir No.5 and add greater storage capacity.
Specifically, the recommended capital improvement outlined in the Water System Master Plan states the
following: HConstruct an additional 750,000 of storage at Reservoir No.3. Connect the Rancho Grande
Pressure Zone to the Oro Pressure Zone via a 12" transmission line, and upgrade the Oro Booster Station."
9
Analysis of Significance: Potentially significant unless mitigated
Mitigation Measure
3. The applicant shall pay a fee of $2,625 per Equivalent Residential Unit water usage for adequate
water storage for the project.
Monitoring: Pay required fee.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of building permit
4. All new construction shall utilize fixtures and designs that minimize water usage. Such
fixtures shall include, but are not limited to, water saving toilets, instant water heaters and hot
water recirculating systems. Water conserving designs and fixtures shall be installed prior to
final occupancy.
Monitoring: Review of building plans
Responsible Department: Building and Fire Department
Timeframe: Prior to issuance of building permit
5. All landscaping shall be consistent with water conservation practices including the use of
drought tolerant landscaping, drip irrigation, and mulch. To the greatest extent possible, lawn
areas and areas requiring spray irrigation shall be minimized.
Monitoring: Review of landscaping and irrigation plans
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
Drainage. Development of the site will increase impervious surfaces, which in turn will change absorption
rates and increase the amount of runoff. The site would drain onto Camino Mercado and existing drainage
facilities would accommodate the increased flows. Detailed drainage calculations would be reviewed as part
of the plan check process.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
6. The applicant shall provide detailed drainage calculations indicating that increased run-off can
be accommodated by existing facilities and/or provide on-site retention basins to the
satisfaction of the Director of Public Works.
Monitoring: Review of grading plans
Responsible Department: Public Works Department
Timeframe: Prior to issuance of a grading permit
V. AIR QUALITY
Construction activities would generate dust, which could cause potentially significant environmental impacts.
Operation of the project would also generate approximately 19 AM and 19 PM peak hour trips. Based on the
San Luis Obispo County Air Pollution Control District (SLO APCD) emission thresholds, the proposed project
would not have a significant adverse impact on air quality.
Although air quality impacts will fall below APCD thresholds for significance, the project will contribute
emissions to the air basin, which is already a non-attainment area for the State ozone standard. Emissions
generated by this project, together with emissions generated by reasonably foreseeable new development, will
result in a cumulative adverse impact on air quality unless all reasonably available mitigations are included in
the design of the project.
10
The dust control measures listed below shall be followed during construction of the project, and shall be
shown on grading and building plans. The contractor shall also designate a person or persons to monitor
the dust control program and to order increased watering, as necessary, to prevent transport of dust
offsite. The name and telephone number of such person(s) shall be provided to APCD prior to issuance of
grading permit.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
7. During construction, water trucks or sprinkler systems shall be used to keep all areas of
vehicle movement damp enough to prevent dust from leaving the site. At a minimum, this
would include wetting down such areas in the later morning and after work is completed for
the day and whenever wind exceeds 15 miles per hour. Reclaimed (non-potable) water should
be used whenever possible.
8. Soil stockpiled for more than two days shall be covered, kept moist, or treated with soil
binders to prevent dust generation.
9. Permanent dust control measures identified in the revegetation and landscape plans should be
implemented as soon as possible following completion of any soil disturbing activities.
10. Exposed ground areas that are planned to be reworked at dates greater than one month after
initial grading should be sown with fast-germinating native grass seed and watered until
vegetation is established.
11. All vehicles hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load and
top of trailer) in accordance with CVC Section 23114.
12. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as
possible. In addition, building pads should be laid as soon as possible after grading unless
seeding or soil binders are used.
13. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at
the construction site.
14. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads.
Monitoring: Review of grading and building plans and site inspections
Responsible Departments: The Public Works and Building and Fire Departments shall
inspect plans and spot check in the field
Timeframe: Prior to issuance of grading permit and during construction
VI. TRANSPORT A TION/CIRCULA TION
Access to the project site is from Camino Mercado, a collector street with a 56-foot right-of-way. Based on
the traffic analysis prepared for the project (Penfield & Smith dated 8/13/01), the development is estimated to
generate 19 trips during the AM peak hour and 19 trips during the PM peak hour. Since the project is
estimated to generate below the 20-peak hour trip threshold established by the City, the trip generation is not
expected to impact the study intersections under the existing conditions. Under the future traffic conditions,
however, the West Branch Street/Camino Mercado intersection will degrade to a level of service F, and a
signal is therefore warranted at this intersection. The project traffic would also contribute to the cumulative
negative impact on the backbone circulation system.
11
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
15. The applicant shall install a traffic signal at the intersection of Camino Mercado and West
Branch Street. The applicant and the City shall enter into a reimbursement agreement
providing that the City shall reimburse the applicant the difference in costs between the signal
installation and the project's Signalization Impact fee. The applicant may be reimbursed for
those costs to the extent that signalization impact fees are available and programmed for this
project.
Monitoring: The applicant shall install the traffic signal
Responsible Dept./Agency: Public Works Department
Timeframe: Prior to issuance of Certificate of Occupancy
16. The applicant shall pay the City's Transportation Facilities Impact fee prior to issuance of
building permit.
Monitoring: The applicant shall pay the fees
Responsible Dept./Agency: Building & Fire Department
Timeframe: Prior to issuance of building permit
A total of 160 parking spaces are required per the Development Code for this project, and 139 are proposed. The
original project was approved with a deficit of nine (9) parking spaces, and the applicant was granted an exception for
an additional ten (10) spaces when the City approved the amendment to change the one-bedroom units to all two
bedrooms. The applicant is now requesting an exception for another two (2) spaces for a total of twenty-one (21)
parking spaces below Development Code requirements.
The Development Code allows up to a 30% reduction in the required number of parking spaces for common parking
facilities based on a parking analysis that clearly shows that the shared uses (the residential units and the recreation
center) will have different hours of operation that don't conflict. Based on an updated parking demand analysis
(Attachment A), the proposed 13% overall reduction in parking is determined acceptable.
Analysis of Significance: Less than significant.
VII. BIOLOGICAL RESOURCES
A rare plant survey was conducted on May 28, 1999 by Dames & Moore (on file in the Community
Development Department), which identified three Pismo Clarkia (Clarkia speciosa ssp. immaculate) populations
along the western parcel boundary. Pismo Clarkia is listed as endangered by the federal government and is a
State Rare Plant. The populations found varied in size from 25 to 50 individuals each, for a total of 75 to 1 50
plants onsite.
The report by Dames & Moore concluded that the presence of Pismo Clarkia along the site boundary does not
preclude further development of the site and recommended that the following measures be implemented to
protect the existing plant populations.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
17. Site development plans shall specify that grading and other types of disturbance be precluded
from a 25-foot buffer zone around the Pismo Clarkia populations to minimize impacts. A
fence and appropriate signage shall be placed around the buffer zone to preclude impacts to
Pismo Clarkia during construction.
12
Monitoring: The applicant shall submit plans showing these protection
measures.
Responsible Department: Community Development Department
Timeframe: Prior to issuance of grading permit
18. The site development plans identifying protection areas around the Pismo Clarkia shall be
submitted to the California Department of Fish and Game (CDFG) at least 10 days prior to the
start of site work.
Monitoring: The applicant shall submit the plans to CDFG
Responsible Department: Community Development Department
Timeframe: Prior to issuance of grading permit
An updated arborist report submitted to the City in June 2003 (Attachment B) indicates that many more
Coast Live Oak trees will be impacted by the project, contrary to the preliminary tree impact analysis originally
prepared for the project. The updated report states that approximately 36 Coast Live Oak trees will be
affected with the proposed project and are therefore subject to mitigation. Of the 36 trees, a total of 18 are
proposed for removal. Tree removal mitigation must be as specified below. Tree protection measures must
also be in place during construction per Ordinance 521 C.S., the Community Tree Ordinance.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
19. The applicant shall retain an arborist during the grading and construction phases of the
project. Protective fencing shall be installed around each tree to remain at the dripline,
or as directed in the field by the arborist. The fencing shall be installed prior to any
site clearing or grading, and shall remain in place until construction is complete,
including landscaping. Weatherproof signs shall be permanently posted on the fences,
stating the following:
Tree Protection Zone
No personnel, equipment, materials, or vehicles are allowed
Do Not move or remove this fence
[Name of arborist or consultant]
[Name and phone number of developer or general contractor]
Monitoring: Field inspection
Responsible Departments: Parks, Recreation & Facilities Department; Community
Development Department
Timeframe: Prior to issuance of grading permit
20. Tree removal mitigation shall be as follows:
a. For each tree removed having a diameter greater than two inches (2"), the developer
shall replace with eight (8) Coast Live Oak trees (combination of 5 and 1 5 gallons) on-
site or on the adjacent City open space property, as approved by the Parks and
Recreation Director. Eighteen (18) tree removals would equal 144 replacement trees.
b. If the Parks and Recreation Director determines that tree replacement on or off-site is
not feasible, the applicant shall pay a tree removal mitigation fee equal to $150.00 for
each required replacement tree, or $21,600.
13
c. A combination of tree replacement and payment of the tree removal mitigation fee is
acceptable subject to approval of the Parks and Recreation Director.
d. All replacement trees shall be maintained a minimum of three (3) years. If any of the
replacement trees die within this timeframe, the applicant shall replace in-kind, subject
to the approval of the Parks, Recreation and Facilities Director.
Monitoring: Field inspection
Responsible Departments: Parks, Recreation & Facilities Department
Timeframe: Prior to issuance of a certificate of occupancy
III. ENERGY AND MINERAL RESOURCES
Development of the site with an assisted care facility will not conflict with adopted energy conservation plans
or result in the wasteful use of non-renewable resources.
Analysis of Significance: Less than significant impact.
IX. HAZARDS
The project does not pose an undue risk to project occupants or occupants of surrounding properties. The
applicant will be responsible for maintaining the open space area north of the project site for fire protection
purposes.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
21. The applicant shall submit a Vegetation Management Plan for a portion of the open space
property located adjacent to and north of the project site. The plan shall include an area
having a depth of 200' along the northern project boundary.
Monitoring: The applicant shall submit the plan
Responsible Department: Building & Fire Department
Timeframe: Prior to issuance of building permit
X. NOISE
Existing noise levels would be increased temporarily during the construction phase of this project. Noise
resulting from construction activities will be short-term, and is subject to the City's Noise Ordinance.
Therefore, the impact will be less than significant.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measures:
22. All construction equipment shall be provided with well-maintained, functional mufflers to limit
noise.
23. All construction activities shall comply with the time limits specified by the Arroyo Grande
Municipal Code.
24. To the greatest extent possible, grading and/or excavation operations at portions of the site
bordering developed areas should occur during the middle of the day to minimize the potential
for disturbance of neighboring noise sensitive uses.
14
Monitoring: Notes shall be placed on the construction plans referencing the
above measures.
Responsible Department: Public Works Department
Timeframe: During construction
XI. PUBLIC SERVICES
Development of the site with an assisted living facility would increase demand for fire and police protection
services, but not beyond levels anticipated by the General Plan for City buildout.
Analysis of Significance: Less than significant.
XII. UTILITIES AND SERVICE SYSTEMS
The proposed project will not create a significant demand for new or altered power, gas, communication
systems, water treatment capacity or solid waste disposal. The project can tie into the existing infrastructure
for these systems to serve the site. The project is within the expected demand for these systems based on
the growth rate established in the General Plan.
Analysis of Significance: Less than significant.
XIII. AESTHETICS
The proposed facility will be placed into the side of the ridge above Camino Mercado where a building pad
was previously graded and will be highly visible from the Highway 101 corridor. To reduce visual impacts, the
colors and materials of the architecture were selected to blend with the surrounding environment. The
landscape plan shows a variety of large evergreen trees along the front portion of the project, which will also
help obscure the structure from the south. The open space areas located north and east of the project site
containing an established oak woodland will screen the structure when viewed from James Way and adjacent
Rancho Grande residences.
Analysis of Significance: Less than significant.
XIV. CULTURAL RESOURCES
Archaeologist Robert Gibson conducted a phase one archaeological surface survey on the site, and no
significant historic or prehistoric archaeological materials were found. Based on the survey, the proposed
project would not have a significant adverse impact on any known cultural resources.
If during construction excavation, any buried or isolated prehistoric cultural materials or historic features are
unearthed, work in that area shall halt until a qualified archaeologist can examine them and appropriate
recommendations made as outlined in CEQA. In such an event, Robert Gibson or the Community
Development Department of the City of Arroyo Grande should be contacted.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
25. The following note shall be placed on the grading and improvement plans for the project:
"In the event that during grading, construction or development of the project, and
archeological resources are uncovered, all work shall be halted until the City has reviewed the
resources for their significance. If human remains (burials) are encountered, the County
Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide
archaeological studies and/or mitigation measures."
15
Monitoring: Construction plans shall be reviewed prior to issuance of a
grading permit to ensure the note is in place.
Responsible Department: Public Works Department
Timeframe: Prior to issuance of grading permit
XV. RECREATION
The proposed project would increase demand for City park and recreational facilities. In this case, the Parks
and Recreation Director has indicated that this impact would be mitigated by the City's Standard Condition
requiring payment of the park development fee.
Analysis of Significance: Potentially significant unless mitigated.
Mitigation Measure:
25. The applicant shall pay all applicable park development fees to the City.
Monitoring: The applicant shall pay the park development fees to the City.
Responsible Department: Parks and Recreation Department
Timeframe: Prior to issuance of building permit
16
ATTACHMENT A
Penfield&Smith
ENGINEERS . SURVEYORS. PLANNERS
CORPORATE OFFICE
210 EAST ENOS DRIVE 101 EAST VICTORIA STREET 1327 DEL NORTE ROAD
SUITE A P.O. BOX 98 SUITE 200
SANTA MARIA, CALIFORNIA 93454 SANTA BARBARA. CALIFORNIA 93102 CAMARILLO. CALIFORNIA 93010
805-925-2345 . FAX 805-925-1539 805-963-9532 . FAX 805-966-9801 805-981-0706 . FAX 805-981-0251
W.O. 14,405.01
July 14, 2003
Mr. Gary Young .
Central Coast Real Estate Development, Inc.
2815 Mesa Alta Lane
Arroyo Grande, CA
93420
\
SUBJECT: Parking Demand Analysis for the Camino Mercado Senior Apartments
and Senior Center; Arroyo Grande, California
Dear Mr. Young:
Penfield & Smith (P&S) conducted a Traffic Impact Study (dated August 13, 2001) for
the proposed Camino Mercado Senior Apartments and Senior Center in Arroyo
Grande. The traffic study included an assessment of the existing and projected future
traffic conditions within the area, determined the expected trip generation for the
project, and evaluated the potential traffic impacts associated with the project. Per
your request, we have prepared the following parking demand analysis as a
supplement to the traffic study previously submitted by our office. Specifically, our
analysis focuses on the parking demand associated with the proposed senior center.
PROJECT DESCRIPTION
The project is proposing to construct a senior apartment building with 60 two-
bedroom units. In addition, a 3,000 SF senior center is proposed to be located
adjacent to the apartments. The center will be open to both the apartment tenants, as
well as the senior community as a whole.
PARKING ANALYSIS
Based on the City of Arroyo Grande's parking code, 120 spaces are required for the
60-unit apartment building and 40 spaces are required for the senior center (based on
2,000 SF of assembly area), for a total of 160 spaces. The project is proposing 108
spaces for the apartments and 31 spaces for the senior center, for a total of 139
spaces. Therefore, based on the City's parking requirements a shortfall of 21 spaces
exists. However, given the nature of the proposed project, it is anticipated that the
actual parking demand will be significantly lower than the parking code requirements.
P~S
Mr. Gary Young
July 14, 2003
Page 2
The lower parking demand expected at the senior center specifically, is based on the
following factors:
Walking Trips
Given the proximity of the apartments to the senior center, it is anticipated that a
portion of the seniors will walk to the center from their apartment and therefore will
not require an additional parking space. As a conservative estimate, it is reasonable
to assume that at least 25% of the seniors will walk to the center from the apartments.
Dial-A-Ride/Taxi Trips
As part of the original traffic study for this project, P&S conducted traffic counts at the
Morro Bay Senior Center. During the counts, P&S staff observed that many of the
trips associated with the Senior Center were "dial-a-ride" trips. Many seniors are not
able to drive or do not even own cars. Thus it is anticipated that some seniors will use
the dial-a-ride service to be dropped off at the center. As a worst-case analysis we
have estimated that approximately 5% of the seniors will arrive by dial-a-ride/taxi.
Private Automobile Trips
It is estimated that the remainder of the seniors (70%) will arrive by private
automobile. However, based on our experience with other projects of this type
(including the Morro Bay Senior Center), it is also reasonable to assume that some
seniors will carpool to the center. Therefore we have assumed an average vehicle
occupancy of 1.5 occupants/vehicle. This ratio takes into account the fact that some
people will drive alone while others may carpool with 2 to 3 people.
PARKING DEMAND
It is anticipated that the senior center will have a maximum attendance of
approximately 50 seniors on any given day and that the attendance will be spread
throughout the day. For the purposes of this analysis we have assumed that 80% of
the seniors (40 people) could be at the center at one time. Therefore, based on an
attendance of 40 people and on the factors described above, it is estimated that the
senior center will have a peak parking demand of approximately 19 spaces. Due to
the potential for the seniors to walk, use the dial-a-ride service, or carpool more than
half of the seniors will not require a parking space. This is summarized below:
Mode Percentage People Spaces
Private Auto* 70% 28 people 19 spaces
Walk 25% 10 people o spaces
Taxi 5% 2 people o spaces
Total 100% 40 people 19 spaces
*Based on an average vehicle occupancy of 1.5 occ/veh.
The actual parking demand at the senior center would be 21 spaces less than the
City's parking requirement for this type of facility (40 spaces). Additionally it should
.. p@fiS
Mr. Gary Young
July 14, 2003
Page 3
be noted that the parking proposed for the apartments (108 spaces) assumes that
every apartment will have at least one car and for some, as many as two cars. Based
on our parking demand observations of senior apartments, this is considered to be a
conservative parking estimate.
Based on the analysis described above, it is anticipated that the project would have a
total parking demand of 139 spaces and the 108 spaces proposed for the apartments
and 31 spaces proposed for the center will be adequate to meet the parking demand
and operation of the project.
Should you require any additional information or wish to discuss this letter further,
please contact me at (805) 963-9532 or via email at lmV@penfieldsmith.com. Thank
you for your consideration of Penfield & Smith for this project.
Very truly yours,
PENFIELD & SMITH
~ldtpp
Associate Planner
p&S
------
. FROM : MUSTI=N3 TREE CARe PHONE NO. : 8054818892 J'1.4n. 27 2003 10: 24~ Pi
ATTACHMENT B
Mustane Tree Care Certified Arboril1 #lWC-I"l
P.o. Box 7133 Arroyo Gradde, CA 93421 (805) 481-9174 (805) S43-8SSS
Arborist Report
Proposed Project: CaJlliao Merc.ado Seaior Apartmaab
Sabject: Disposition otOak Trees wttbln project property liRa and adjacent City Propeny.
Summary
\ There arc 36 Coast Live Oak trees. QlJerms agrifoUa. which will be aft'ccted on this projec:t. Of those 36
trees, 18 are proposed fbr n:movsll.11d mitigation due to cirQJIDStmceswmch Snd these trcCs within the
footprint oftlse proposed stIuctuJ'a or immediately adjaum: to tbe proposed soil cuts making allowance for
the reW.ning walls necessary on this project. The trees along the northern and western property 1ines had
previoUa1y been omitted from the orisinal topographical plan but arc now plOtted on the attached. building
fontprint diagram.
Tree LocatiO,DS
Eastern PI'operty Lille: These 2 City owned trees are located au at' immediately adjacent to thc property
line and are proposed for removal because of the influence of the soil cut neGesamy for the n:taining wall.
~ecause ofthc proximity oftbe wall totbe location of these trees. it is not fc:asib]e to expect the survival of
these trees. One tree is found to be in declining condition with the remaining tree in fair condition with
some decay and minor 8trUr;tura] cavities present.
Northern Propcrcy Line: There are 1] trees along this property edge ofwbich a total of 4 BR proposed for
removal. 4 of1be trees which are Jocared aI tbe N.E. comer of the project \dtould not be afl'ec;tcd by the
COnstnlaiOD process. It is rec:ommeaded that these trees arc treated 'With proper maintenance pruning to
eahaDcc their condition and stature as well as rec.eiving the proper protection during the construction
process.
About mid-span towards the wC51. along this property Jine there are 4 trees which arc proposed :fur ranoval
primarily due \0 their proximity to the footprint oCthe plQposed S1I'Uaure which will also be util~ as a
retaining wall. One oflbese 4 .is fiillen with its enDn: root ball exposed. These trees could Dot be expected
to survive ifmaintained due to the soil cut. Three (3) trees would remain in this area which an! ]OQted on
or near the propeny tiDe and essentially begin die intenacc to the densely oak wooded green belt which
encompasses this entire nolth facing hmside. These tm:s would receive proper mainteDal20C prunin~ and
any. proper trimming necessary where their canopy might be influenced by the mucture. PlOtectIve
measures will also be foUowed within the drip-line oftbcsc trees.
WtR I Nonbweste~ I"I'openy Une: There arc IS trees within the influence of'the structure or soil CUt.
This entire area makes up the begiDDing edge of the densely oak wooded greenbelt which worb its way
downhil1 in a wcstInorthwest direction. Of these I S trees, 10 arc proposed for removal due to the building
footprirn or aoil cut necessary to retain this hiUside. AJJ 10 are located within the property line of !he
project. Five trees 1oc:ated in a small cluster at the NW comer oftbe propq line are proposed lOr .removal
and these S trees make up the C&DOPY equivalent to one tree. There are 5 additional smaller trees along this
~OO III YVd LY:OY COOZIL~/90
FROM : MUSTI=NG me ~RE A-IONE NO. : 80S4818892 Jun. 27 2003 10:2SAr1 P2
edge whidl are proposed for rem.oval again. due to the building footprint or retainins waU. A tarse retained
abutment bas been proposed alon; this 'Wcstau edge which a1towl Cor 21argcr trees to be preserved and
maintained along with 3 OtheIS which will begin the interface with the wooded hillside. These remaining
trees would also receive any necessary mainteDUlcc pruning and protea1on during the C:ORS1Nction proj=t.
SOllthem Property Llae: The southern edge or "fronzase"" of'this project includes ei8ht (8) U"eCS of
substmtiallltature.. Two (2) of these trees are proposed for remo\laJ because one sits immediately on the
c:omc:r of the proposed "Senior Center" partiOD ortlle structure and the seccmd. a declining and structurally
unsound tree is located where the comer of a proposed retaining wall will be. Three (3) of the remaining
trees along the southwest fronlagc, two of which are multi-wnk tree..... will 1'eqUire some reduction pruning
on the northern side of their Canopies to aJIew proper c1earance of a n:aaining wall and proposed parkins
area.. Tbese trees would be pruned aDd maintaiJ'ecI to benefit the acslheLic natUtCofthe troDtap and
provide a visual buffer to the parking area. The reduction procedure JleQeuary would not likely be
dettimental to the health oftbcsc trees. The n:rnainiug three (3) uccs are located BI the southeast us oftbe
fi"ontage and shout! not need any significant trimming other than maintenan;:e pruning.
Tree ProtectiOD
A Ccnified Arborist will be imm.ediately available aad will be onsite for periodk evaluations during the
\ eatm:: OODItrUcUOD project to assure all tree pnnection pidctiDes arc bcinS ,followed by all parties.
Prokaion guidelines as required by the City of Arroyo Grande shall be strictly adhered to CD all remaining
trees within the influence of this COnStrut.:tiOD project. Barrier fencing shall be constructed around the drip
fine ofsaid trees so areas within the chip Hoe may not be encroUhed upon by unauthorized persODS,
equipment. or materials. The native $Oil muaure and ocpnic matter deposited by said trees should be left
intact during and even after the CODstrUcr.i.on projcct is completed to assun: the least amoum of impact on
the root zone of said 11'"e.eS. Trenching or disgjng within drip zones should be avoided whenevCT possible.
Trenching or digging that must be doae within the drip zone should be done by hand and under the
supervision of a Certified Arbarist to assure the least amount of adverse influence DD the heahh of said
trees.
. Tree MitiatioD
It is understood that mitigation by the City's presmbed standards for all trees removed shall be adhered to.
Arborist COIDlDcut
It is in my opinion that tbis project should have little to 110 impact on the lUXrounding Oak woodJand
greenbelt. Though it is unfortUllate that it is necessary to I19DOVC a Dumber oftrccs on this prajea, the
mitigation measures for these trees will assure the renewa1 and 10oaevi'Y of lb. immediate surrounding
greenbelt area for many. many. years to come. After numerous medings and communiques. it is obvious
that the owner of this project has 11 genuine concern for the health IUJd smture of tile trees to remain on tbis
project. Proceeding with such concern will certainly enhance and insure the health, beauty, and 10n~'IIity of
the trees whim are proposed to RmIin. I personally feel thaI project and the maintenance of said trees will
greatly cabanoe the community and 81Jt1'OUDCIiug CIMronmcnt.
~ ..
t .
Manana T.. CaR
ISA Certified ArboriBt WC-1892
Sf. Lie:. 63 7599
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CITY OF ARROYO GRANDE
. CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public
Hearing on the following project:
Development Code Amendment Case No. 03-004; Location: 959 Valley Road; Applicant -
St. John's Lutheran Church
The City Council will consider an Ordinance prezoning the above-described property proposed for
annexation to the City to Public Facilities (PF). In compliance with the California Environmental
Quality Act (CEQA), the Community Development Department has determined that the proposed
project is within the scope of the 2001 General Plan Program Environmental Impact Report.
WHEN: TUESDAY, AUGUST 26,2003 AT 7:00 P.M.
WHERE: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
Any person affected or concerned by this application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be heard in
support of or opposition to the project and the environmental impacts at the time of hearing.
Any person interested in the proposal can contact the Community Development Department at
214 E. Branch Street, Arroyo Grande, California, during normal business hours, 8:00 a.m. to 5:00
p.m. The project application is available for 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.
~t1t' ,
',../ .
>-- - ;} L; ltfU&jLL~
Kelly W mofe, Director of Administrative Services!
Deputy City Clerk
Publish n, Friday, August 15, 2003
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTOR.p
SUBJECT: CONSIDERATION OF A PROPOSED ORDINANCE TO AMEND THE
ZONING MAP TO PREZONE TO PUBLIC FACILITIES THE PROPOSED ST.
JOHN'S CHURCH ANNEXATION, DEVELOPMENT CODE AMENDMENT
CASE NO. 03-004
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the C ity C ouneil approve Development C ode Amendment 03-004 and
introduce an ordinance of the City of Arroyo Grande approving Development Code
Amendment 03-004 to amend a portion of the zoning map to prezone to Public Facilities
(P.F.) all properties within the proposed St. John's Church annexation to the City of Arroyo
Grande.
FUNDING:
No fiscal impact.
DISCUSSION:
On M ay 6, 2003, the Planning Commission considered Pre-Application Case N o. 03-002,
submitted by St. John's Lutheran Church located at 959 Valley Road (the southeast comer of
Valley and Los Berros Roads). The 2001 General Plan includes the church property and the
drainage channel as well as the segment of Los Berros Road designated "Community
Facilities and Conservation/Open Space, within the Urban Reserve Line.
In February 2003, the Local Agency Formation Commission adopted the revised Sphere of
Influence (SOl), including this area and enabling consideration of an annexation application.
However, before LAFCO can process the annexation, the City must adopt "prezoning". On
July 1, 2003 the Planning Commission unanimously recommended to the City Council that
the proposed annexation be prezoned "Public Facilities," effective upon annexation.
Notices were mailed to approximately 68 property owners within 300 feet of the perimeter of
the proposed area and no comments for or against the proposal have been received. The
public hearing can, however, include consideration of other appropriate districts if the City
Council prefers.
S:\COMMUNITY _ DEVELOPMENT\CITY _ COUNCIL\2oo3\08-26-03\08-26-03 cc sr DCA 03-004 St Johns.doc
CITY COUNCIL
DEVELOPMENT CODE AMENDMENT CASE NO. 03-004
AUGUST 26, 2003
PAGE20F2
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Introduce the ordinance approving Public Facilities prezoning for the proposed
annexation;
- Recommend an altemative prezoning designation based on public hearing and
Council preference;
- Continue the public hearing to a date certain and provide direction to the property
owner and staff; or
- Recommend denial of prezoning and annexation.
S:\COMMUNITY_DEVELOPMENT\CITY_COUNCIL\2003\08-26-03\08-26-03 cc sr DCA 03-004 St Johns.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING DEVELOPMENT
CODE AMENDMENT CASE NO. 03-004 TO AMEND A
PORTION OF THE ZONING MAP TO PREZONE TO
PUBLIC FACILITIES (P.F.) ALL PROPERTIES WITHIN
THE PROPOSED ST. JOHN'S CHURCH ANNEXATION
TO THE CITY OF ARROYO GRANDE
WHEREAS, the 2001 General Plan includes the properties south of the existing City limits
adjoining Los Berros Road and Valley Road within the Urban Reserve Line and
designated Community Facilities and Conservation/Open Space; and
WHEREAS, the Local Agency Formation Commission, in February 2003, adopted Sphere
of Influence (SOl) amendments to include the subject area within the SOl of the City of
Arroyo Grande, enabling consideration of annexation to the City; and
WHEREAS, the only private property owner, St. John's Lutheran Church, within the
potential annexation area requested consideration by the City and Local Agency
Formation Commission, and said application requires prezoning approval by the City; and
WHEREAS, consistency with the 2001 General Plan requires that the properties within
the proposed annexation be prezoned Public Facilities, PF zoning district, as
recommended by the Planning Commission after public hearing on July 1, 2003; and
WHEREAS, the City Council finds, after due study, deliberation and public hearing, the
following circumstances exist:
A. The proposed zone change will satisfy the 2001 General Plan Land Use
Element, which designates the property as Community Facilities - Specific Plan.
B. The existing use and the proposed zone is institutional in nature, and will not
adversely affect the public health, safety, and welfare or result in an illogical land
use pattern.
C. Public Facility use and development within the project area would be consistent
with development and design standards under the PF zoning designation and
insure orderly development.
D. The potential environmental impacts of the proposed Development Code
Amendment amending the Zoning Map were considered as part of the 2001
General Plan Program EIR, and are less than significant.
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Arroyo
Grande hereby approves Development Code Amendment 03-004 amending a portion of
the Zoning Map as shown in Exhibit 'A';
---~...._._---
ORDINANCE NO.
PAGE 2
SECTION 1: The above reci~als and findings are true and correct.
SECTION 2: Development Code Section 16.24.020 is hereby amended as shown in
Exhibit "A".attached hereto and incorporated herein by reference.
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, or clause of
this Ordinance or any part thereof is for any reason held to be unlawful, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that anyone
or more section, subsection, subdivision, paragraph, sentence, or clause be declared
unconstitutional.
SECTION 4: Upon adoption of this Ordinance, the Director of Administrative Services
shall file a Notice of Determination.
SECTION 5: A summary of this Ordinance shall be published in a newspaper published
and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council
meeting at which the proposed Ordinance is to be adopted. A certified copy of the full
text of the proposed Ordinance shall be posted in the office of the Director of
Administrative Services/Deputy City Clerk. Within fifteen (15) days after adoption of the
Ordinance, the summary with the names of those City Council Members voting for and
against the Ordinance shall be published again, and the Director of Administrative
Services/Deputy City Clerk shall post a certified copy of the full text of such adopted
Ordinance.
SECTION 6: 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 . ,2003.
ORDINANCE NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
- -~._-----_....
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CITY OF. ARROYO GRANDE
CITY COUNCIL MEETING
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will conduct a Pl:JbJic Hearing on
the following proposals:
CASE NOS. General Plan Amendment Case No. 03-002, General Plan Amendment Case No. 03-003
and Development Code Amendment Case No. 03-005
APPLICANT: City of Arroyo Grande
LOCATION: City of Arroyo Grande
PROPOSALS: I. General Plan Amendment Case No. 03-002 - a proposed resolution to:
i. Amend the 2001 General Plan Land Use Map, redesignating the land use of the
following four-(4) parcels:
a. Assessors Parcel Number (APN) 007-621-023, generally located on the
southerly side of E. Cherry Avenue between Pacific Coast Railway Place
and Traffic Way, consisting of approximately 7.4 acres, owned by
Dorfman Homes Inc., current land use designation Mixed Use/Planned
Development proposed to be changed to Agriculture;
b. A portion of APN 007-621-073, generally located on the southerly side of
E. Cherry Avenue between Pacific Coast Railway Place and Traffic Way,
consisting of approximately 2.8 acres, owned by Dorfman Homes Inc.,
current land use designation Mixed Use/Planned Development proposed
to be changed to Agriculture;
c. APN 007-62.1-001, 1.6 acres, generally located on the southerly side of
E. Cherry Avenue near Pacific Coast Railway Place, owned by the Arroyo
Grande Valley Japanese Welfare Association, current land use
designation Mixed Use/Planned Development proposed to be changed to
Agriculture;
d. APN 007-761-022, approximately 4.9 acres, located at 1273 Branch Mill
Road, owned by Bruce Vanderveen, current land use designation Single
Family Residential - Low Density proposed to be changed to Agriculture.
ii. The resolution for GPA 03-002 also includes an amendment deleting Policy
Statement LU5-13 of the 2001 General Plan Land Use Element, consistent with
the proposed land use redesignations.
iii. The resolution for GPA 03-002 also revises the 2001 General Plan Agriculture,
Conservation and Open Space Element, Implementation Policy AG 1-4.2 to
indicate that mitigation for loss of prime farmland soils include permanent
protection of prime farmland soils at a ratio of up to 2: 1 instead of a ratio of 1: 1,
with' regard to the acreage of land removed from the capability for agricultural
use.
II. General Plan Amendment Case No. 03-003 - a resolution to create an Agricultural
Conservation Easement Program and an Agricultural Enterprise Program.
III. Development Code Amendment Case No. 03-005 - an ordinance amending Title 16
of the Arroyo Grande Municipal Code, Sections 16.20, 16.24 and 16.28, creating an
Agricultural Buffer Overlay District, establishing expanded findings for rezoning and
subdivision applications, modifying allowable uses and standards in Agricultural
Districts and establishing mitigation requirements for conversion of agriculturally
zoned land.
ENVIRONMENTAL
DETERMINATION: The proposed resolutions and ordinance are within the scope of the Program EIR
prepared for the 2001 General Plan Update.
REPRESENTATIVE: City of Arroyo Grande
The City Council will consider the proposed General Plan Amendments and Development Code Amendment that
were initiated by Resolution No. 3699 at the July 22, 2003 City Council public hearing to implement
recommendations from a recent report on the Conservation of Agricultural Resources for the City of Arroyo
Grande.
In compliance with the California Environmental Quality Act (CEQA), the Community Development Department
has determined that the proposals are within the scope of the Program EIR prepared for the 2001 General Plan
Update because no new environmental effects could occur and no new mitigation measures would be required,
pursuant to Section 15168(c) of the CEQA Guidelines.
Any person affected or concerned by these City initiated proposals may submit written comments to the
Community Development Department at 214 E. Branch Street, Arroyo Grande, California, during normal
business hours (8:00 a.m. to 5:00 p.m.) before the Planning Commission or City Council hearings, or appear and
be heard in support of or opposition to the project and the environmental determination at the time of hearing.
THE CITY OF ARROYO GRANDE MAY APPLY ANY ORDINANCES, POLICIES, OR STANDARDS ENACTED OR
INSTITUTED AS A RESULT OF THE PUBLIC HEARINGS AND RELATED PROCEEDINGS HEREIN REFERENCED, ON
TENTATIVE TRACT OR PARCEL MAPS WITH APPLICATIONS WHICH HAVE NOT BEEN DETERMINED TO BE
COMPLETE, PURSUANT TO GOVERNMENT CODE SECTION 65943, IF SAID ORDINANCES, POLICIES, OR
STANDARDS ARE IN EFFECT ON THE DATE THE CITY OF ARROYO GRANDE APPROVES OR DISAPPROVES
SUCH TENTATIVE TRACT OR PARCEL MAPS.
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 PLANNING COMMISSION OR 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, Date and Place of Hearing:
TUESDAY, AUGUST 26,2003 AT 7:00 P.M.
Arroyo Grande City Council Chambers
215 E. Branch Street
Arroyo Grande, California 93420
~ UJ1~v-
Kelly W tmor~, Director of Administrative Services!
Deputy City Clerk
Publish 1T, 1/8 page, Friday, August 15, 2003
.. Proposed Redesignation
c=J City Limits
~f;G;;i:j";:'H Agriculture. Parcels
CJ Parcels
o . 0.5 1 1.5 2 Miles
I I
Parcels Proposed to be
Designated as "Agriculture"
c=J Oty Umts
.. Agriculture Parcels
.. County Agriculture Areas
D Buffer
D Buffer
L.J Parcels
0 0.5 1 1.5 2 Mles
I r
Proposed 1 00 foot
Agricultural Buffer
, Overlay District
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
BY: TERESA MCCLISH, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF GENERAL PLAN AMENDMENT 03-002; AMENDING
THE LAND USE MAP TO CHANGE THE LAND USE DESIGNATION FOR
FOUR PARCELS TO AGRICULTURE AND MODI FICA TION OF
LANGUAGE IN THE LAND USE ELEMENT, AND AMENDING THE
AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT TO
REVISE IMPLEMENTATION POLICY FOR MITIGATION OF CONVERTED
AGRICULTURAL LANDS
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council:
1) Adopt a resolution approving General Plan Amendment 03-002 amending the land
use map to change the land use designation of four parcels to Agriculture,
modification of language in the Land Use Element; and amending the Agriculture,
Conservation and Open Space Element to revise implementation policy for
mitigation of converted agricultural lands.
2) Continue General Plan Amendment 03-003 and Development Code Amendment
03-005 to November 25, 2003.
FUNDING:
No fiscal impact.
DISCUSSION:
BackQround
On July 22, 2003 the City Council adopted Resolution No. 3699 to initiate General Plan
and Municipal Code amendments necessary to implement selected recommendations
from the Report on the Conservation of Agricultural Resources in the City of Arroyo
Grande ("Agricultural Report"). The preparation of the Agricultural Report, required in
conjunction with Ordinance No. 536, consisted of an inventory of existing agriculture
parcels, agricultural conversions, City growth issues, and available alternatives to
conserve prime farmland soils.
08-26-03 cc sr GPA 03-002 8/21/03
CITY COUNCil
CONSIDERATION OF GENERAL PLAN AMENDMENT 03-002; AMENDING THE LAND USE
MAP TO CHANGE THE LAND USE DESIGNATION FOR FOUR PARCELS TO AGRICULTURE
AND MODIFICATION OF LANGUAGE IN THE LAND USE ELEMENT, AND AMENDING THE
AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT TO REVISE
IMPLEMENTATION POLICY FOR MITIGATION OF CONVERTED AGRICULTURAL LANDS
AUGUST 26, 2003
PAGE 2 OF 5
Final recommendations from the Agricultural Report included in Resolution No. 3699
consisted of the following items:
1. Adopt a Resolution to initiate consideration of certain General Plan Amendments
and other implementation programs that:
a. Change back to Agriculture the General Plan designation of four parcels,
containing prime farmland soils. (See map, Exhibit 'A').
b. Develop an Agriculture Conservation Easement (ACE) program and identify
funding sources and a process for acquisition.
c. Work with other organizations to develop Agricultural Enterprise incentive
programs to promote and benefit local agriculture.
2. Preparation and consideration of specific Municipal Code Amendments that:
a. Create and apply a 100 foot Agricultural Buffer Overlay District that extends
from all Agriculture zoned parcels, and
b. Expand the findings required for approval of development, rezoning and/or
subdivision applications involving the conversion of prime farmland soils to
non-agricultural use, and
c. Revise allowable uses and property development standards in the
Agriculture districts, and
d. Establish mitigation requirements and additional buffer requirements for
proposed developments in Agriculture districts.
Staff recommends the City Council consider at this time General Plan Amendment
concerning the redesignation of four parcels (Item I.a., above), and the amendment
regarding mitigation requirements prior to bringing forward the implementing ordinances.
Consideration of the proposed actions described in Item 2. above are proposed to be
continued and heard by the Planning Commission on October 7, 2003 and City Council
on November 25, 2003. Since items concerning the agricultural conservation and
enterprise programs require substantial coordination, it is recommended they be
incorporated into the Community Development Department work program and initiated
following completion of the other items.
08-26-03 cc sr GPA 03-002 8/21 /03
CITY COUNCIL
CONSIDERATION OF GENERAL PLAN AMENDMENT 03-002; AMENDING THE LAND USE
MAP TO CHANGE THE LAND USE DESIGNATION FOR FOUR PARCELS TO AGRICULTURE
AND MODIFICATION OF LANGUAGE IN THE LAND USE ELEMENT, AND AMENDING THE
AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT TO REVISE
IMPLEMENTATION POLICY FOR MITIGATION OF CONVERTED AGRICULTURAL LANDS
AUGUST 26, 2003
PAGE 3 OF 5
The PlanninQ Commission Recommendations:
On August 19, 2003 the Planning Commission reviewed the proposed General Plan
Amendment No. 03-002 regarding these four parcels and by a 3-2 vote recommended
that all four be redesignated Agriculture. Representati~es of property owners for each of
the four parcels proposed for redesignation, including Mr. Hayashi and Mr. Kubara, on
behalf of the Japanese Welfare Association, Mr. King on behalf of Mr. Vanderveen, and
Mr. Dorfman, testified in opposition to the proposal. Additionally, two residents from the
Cherry Avenue neighborhood spoke against the redesignation proposal specifically for
the three parcels off East Cherry Avenue. Mr. Gullickson cited a previous consensus of
Cherry Avenue neighborhood property owners for a residential land use designation
during the General Plan Update process. Mr. Ross spoke of the potential for harmful
health effects from farming a property that is surrounded by residential uses. The
Planning Commission resolution is contained in Attachment 3.
ChanQe in Land Use DesiQnation on the 2001 General Plan Land Use Map
During the 2001 General Plan. Update the Agriculture land use designations for six
Agriculture zoned parcels were changed to Residential, Public Facilities and Mixed Use
land use designations. However, the zoning map has not yet been amended. Two
parcels are hillsides not involving prime farmland soils, a portion of APN 006-095-01,
owned by Lucia Mar Unified School District located south of Arroyo Grande High School,
and the other APN 007-621-032, located southeast of the Japanese Welfare Association
property on East Cherry Avenue. Neither of these hillside parcels are affected by the
Agricultural Report because they do not contain prime farmland soils.
The four other Agriculture zoned parcels were recommended for Agriculture designation
by the Planning Commission, but during adoption hearings the City Council reclassified
three parcels as Mixed Use Planned Development and one parcel to Low Density Single
Family Residential. The Council added policy LU 5-13 to define the components of the
Mixed Use Planned Development on the two parcels APN 007-621-023 and 073 and the
one parcel APN 007-621-001 southeast of Traffic Way and East Cherry Avenue. APN
007-761-022 is located northeast of the Greenwood Tract adjoining Branch Mill Road
near Coach Road.
In preparation for the Municipal Code Update to maintain consistency with the General
Plan, these conversions were comprehensively reviewed as part of the Agricultural
Report. Four parcels that were redesignated as part of the 2001 General Plan Update
are defined by the City to be parcels containing prime farmland soils (GP Policy Ag 1-
1.1). The four parcels to be returned to an Agriculture General Plan designation include:
08-26-03 cc sr GPA 03-002 8/21/03
.-
CITY COUNCIL
CONSIDERATION OF GENERAL PLAN AMENDMENT 03-002; AMENDING THE LAND USE
MAP TO CHANGE THE LAND USE DESIGNATION FOR FOUR PARCELS TO AGRICULTURE
AND MODIFICATION OF LANGUAGE IN THE LAND USE ELEMENT, AND AMENDING THE
AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT TO REVISE
IMPLEMENTATION POLICY FOR MITIGATION OF CONVERTED AGRICULTURAL LANDS
AUGUST 26, 2003
PAGE 4 OF 5
1. Assessors Parcel Number (APN) 007-621-023, generally located on the
southerly side of E. Cherry Avenue between Pacific Coast Railway Place and
Traffic Way, consisting of approximately 7.4 acres, owned by Dorfman Homes
Inc., current land use designation Mixed Use/Planned Development proposed
to be changed back to Agriculture;
2. A portion of APN 007-621-073, generally located on the southerly side of E.
Cherry Avenue between Pacific Coast Railway Place and Traffic Way,
consisting of approximately 2.8 acres, owned by Dorfman Homes Inc., current
land use designation Mixed Use/Planned Development proposed to be
changed back to Agriculture;
3. APN 007-621-001, 1.6 acres, generally located on the southerly side of E.
Cherry Avenue near Pacific Coast Railway Place, owned by the Arroyo Grande
Valley Japanese Welfare Association, current land use designation Mixed
Use/Planned Development proposed to be changed back to Agriculture;
4. APN 007-761-022, approximately 4.9 acres, located at 1273 Branch Mill Road,
owned by Bruce Vanderveen, current land use designation Single Family
Residential - Low Density proposed to be changed back to Agriculture.
Further, the Planning Commission recommends amending language in the 2001 General
Plan Land Use Element by deletion of Policy LU5-13 in its entirety since it relates
specifically to the above 1, 2, and 3 parcels' Mixed Use/Planned Development
designation.
Additionally the Planning Commission recommends amending language in the 2001
General Plan Agriculture, Conservation and Open Space Elements. The amendment
would revise the 2001 General Plan mitigation policy described in Ag1-4.2 to require
permanent protection in the form of dedication of a perpetual agricultural conservation
easement or other effective conservation mechanism, for conversion of areas having
prime farmland soils at a ratio of "at least 1:1 and up to 2:1" with regard to the acreage of
land removed from the capability for agricultural uses. This revision would more
effectively implement Ag1-4 to conserve the remaining prime farmland areas within the
City and provide for adequate mitigation for loss due to development, with the exact ratio
to be determined on a case-by-case basis by the Council depending on factors involving
the nature and location of land and soil class of both the converted and replacement
lands. The forthcoming ordinance to implement this policy will include prioritization of
lands to be permanently protected through mitigation, focusing on lands wi~hin the City,
08-26-03 cc sr GPA 03-002 8/22/03
CITY COUNCIL
CONSIDERATION OF GENERAL PLAN AMENDMENT 03-002; AMENDING THE LAND USE
MAP TO CHANGE THE LAND USE DESIGNATION FOR FOUR PARCELS TO AGRICULTURE
AND MODIFICATION OF LANGUAGE IN THE LAND USE ELEMENT, AND AMENDING THE
AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT TO REVISE
IMPLEMENTATION POLICY FOR MITIGATION OF CONVERTED AGRICULTURAL LANDS
AUGUST 26, 2003
PAGE 5 OF 5
and secondarily, on adjacent lands within the urban planning area and parcels within the
City's Area of Environmental Concern.
PUBLIC COMMENT:
Several comment letters received during the public hearing process for the preparation of
the Agricultural Report are included for your convenience in Attachment 1. Meeting
minutes are included in Attachment 2. A total of 1,269 notices announcing both the
Planning Commission and City Council hearings were sent within a 400-foot radius of
owners of agriculturally zoned parcels. An additional 67 notices were sent to agencies,
organizations and other interested parties.
ENVIRONMENTAL REVIEW:
The potential environmental impacts of the proposed amendment were considered and
analyzed in the Certified Program EIR for the 2001 General Plan Update and are
considered insignificant.
AL TERNA TIVES:
The following alternatives are presented for Council consideration:
- Adopt the Resolution as proposed;
- Modify and adopt the proposed Resolution;
- Do not adopt the proposed Resolution;
- Provide direction to staff.
Attachments:
1. Public comment letters submitted during the preparation of the Agricultural Report.
2. Planning Commission and City Council minutes of public hearings on the
Agricultural Report.
3. Planning Commission Resolution from August 19, 2003.
4. Program EIR prepared for the 2001 General Plan Update.
08-26-03 cc sr GPA 03-002 8/21/03
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING GENERAL PLAN
AMENDMENT 03-002; AMENDING THE LAND USE MAP
TO CHANGE THE LAND USE DESIGNATION OF FOUR
PARCELS TO AGRICULTURE, MODIFICATION OF
LANGUAGE IN THE LAND USE ELEMENT, AND
AMENDING THE AGRICULTURE, CONSERVATION AND
OPEN SPACE ELEMENTS TO REVISE IMPLEMENTATION
POLICY FOR MITIGATION OF CONVERTED
AGRICULTURAL LANDS
WHEREAS, on January 14, 2003, the City Council adopted Ordinance No. 536 which
established a moratorium on the acceptance of land use applications that seek to
develop parcels containing prime farmland soils and directed staff to prepare a study to
determine and assess the impacts of such conversion; and
WHEREAS, a public workshop was held on May 28, 2003 to solicit public input on the
preparation of the study; and
WHEREAS, based on public input and articulated. Council policy, City staff prepared the
Report on the Conservation of Agricultural Resources for the City of Arroyo Grande
(Agricultural Report), attached as Exhibit A to Resolution No. 3699 and incorporated
therein by reference; and
WHEREAS, on June 17, July 1, and July 15, 2003, public hearings were held by the
Planning Commission to receive public input on the Report on the Conservation of
Agricultural Resources for the City of Arroyo Grande (Agricultural Report); and
WHEREAS, after consideration of all testimony and all relevant evidence, the Planning
Commission recommended that the City Council initiate the preparation of an
amendment of the General Plan land Use Map for four (4) prime agricultural properties
among other recommendations from the Agricultural Report; and
WHEREAS, on July 22, 2003, the City Council reviewed and considered the information
in the Agricultural Report, and other evidence presented at the hearings and contained
in the record of this matter and made the following findings:
A. Proximate prime agriculture within the City of Arroyo Grande is integral to the
character of the community and directly affects the City's economic and historical
significance;
-^~_._-,,---_._.._-----
RESOLUTION NO.
PAGE
B. The City has demonstrated a long term commitment to agricultural preservation
through long-range. planning, general plan policy, zoning, the right to farm
Ordinance - No. 419 C.S., commission of the Coordinated Agriculture Support
Program study and Ordinance No. 536;
C. Permitted conversion of prime farmlands have historically and consistently
caused detriment and eventual conversion of nearby or adjacent parcels to non
agricultural uses which in turn effect development pressure on other agricultural
lands;
D. Operating farms have not been consistently or adequately protected through the
dedication or maintenance of agricultural buffers;
E. The 2001 General Plan requires Municipal Code revisions to implement relevant
policies in the Agricultural and Open Space Element, the Economic Development
Element, and the Land Use Element, and further requires the adequate review
of land use proposals, the appropriate findings of fact and necessary conditions
and specific mitigations to effect long term preservation and to protect agriculture
as a significant and irreplaceable resource of the City;
F. Successful agricultural conservation easement programs exist in comparable
communities whereby state and federal funding was made available and
secured, and agricultural conservation easements for long term preservation
acquired and maintained and the establishment of such programs would be
supported by state agencies including the San Luis Coastal Resource
Conservation District and the California Coastal Conservancy in that an
agricultural easement program can benefit long term protection of agricultural
lands in Arroyo Grande through the use of linked easements;
G. Successful programs exist in comparable communities that promote agri-tourism
and agri-enterprise operations in both private and public sectors that
demonstrate an economic benefit for agriculture in urban and suburban areas;
WHEREAS, on July 22, 2003, the City Council adopted Resolution 3699, a portion of
which initiated the preparation of a General Plan Amendment redesignating the land
use category for four (4) certain properties and modification of Land Use Element Policy
Statement LU5-13 and Agriculture, Open Space and Conservation Element
Implementation Policy AG1 ~4.2 among other recommendations from the Agricultural
Report.
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
RESOLUTION NO.
PAGE
WHEREAS, the City Council has determined that the following General Plan Amendment
findings can be made in an affirmative manner:
1. The proposed amendment land use designation provides consistency with the
goals, objectives, policies and programs of the general plan and remedies
internal inconsistencies within the plan; and
2. The proposed amendment conserves agricultural resources and will not
adversely affect the public health, safety, and welfare; and
3. The potential environmental impacts of the proposed amendment are considered
and analyzed in the Certified Program EIR for the 2001 General Plan Update
and are considered insignificant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby directs the following:
I. The land use category for the following properties shown in the 2001 General
Plan Update Urban Land Use Element Map shall be redesignated to
Agriculture as shown in Exhibit A attached hereto and incorporated herein:
1. Assessors Parcel Number (APN) 007-621-023, generally located on the
southerly side of E. Cherry Avenue between Pacific Coast Railway Place
and Traffic Way, consisting of approximately 7.4 acres, owned by
Dorfman Homes Inc., current land use designation Mixed Use/Planned
Development proposed to be changed back to Agriculture;
2. A portion of APN 007-621-073, generally located on the southerly side of
E. Cherry Avenue between Pacific Coast Railway Place and Traffic Way,
consisting of approximately 2.8 acres, owned by Dorfman Homes Inc.,
current land use designation Mixed Use/Planned Development
proposed to be changed back to Agriculture;
3. APN 007-621-001, 1.6 acres, generally located on the southerly side of
E. Cherry Avenue near Pacific Coast Railway Place, owned by the
Arroyo Grande Valley Japanese Welfare Association, current land use
designation Mixed Use/Planned Development proposed to be changed
back to Agriculture;
4. APN 007-761-022, approximately 4.9 acres, located at 1273 Branch Mill
Road, owned by Bruce Vanderveen, current land use designation Single
Family Residential - Low Density proposed to be changed back to
Agriculture.
RESOLUTION NO.
PAGE
II. land Use Element Policy Statement lU5-13 of the 2001 General Plan land
Use Element shall be deleted in its entirety.
II. Agriculture, Conservation and Open Space Element, Implementation Policy
AG 1-4.2 shall be amended as follows:
"Possible mitigation for loss of areas having prime farmland soils may include
permanent protection of prime farmland soils at a ratio of at least 1:1 and up to 2:1
with regard to the acreage of land removed from the capability for agricultural use.
Permanent protection may involve, but is not limited to, dedication of a perpetual
agricultural or conservation easement or other effective mechanism to ensure that
the area chosen as mitigation shall not be subject to loss of its prime farmland soils.
Suitability of location shall be determined by the City Council. The aim shall be to
protect and preserve prime farmland soils primarily within and contiguous to City
boundaries, secondly within the Urban Land Use Element area, and thirdly within the
larger Arroyo Grande Valley and La Cienega Valley within the Area of Environmental
Concern. Other potenti;31 mitigation measures for loss of areas having prime
farmland soils include payment of in-lieu fees or such other mitigation acceptable to
the City CounciL"
On motion by Council Member , seconded by Council Member
, and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this day of 2003.
--~---^
RESOLUTION NO.
PAGE
TONY M. FERRARA, MAYOR
ATTEST:
KELL Y 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
________w _
9.e.
CITY OF ARROYO GRANDE
. CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Arroyo Grande will hold a Public
Hearing on the following project:
Staff Project Case No. 03-010 - Proposed Ordinance Prohibiting Parking in Front (Street)
Yards; Location - City of Arroyo Grande; Applicant - City of Arroyo Grande.
The City Council will conduct a Public Hearing to consider a proposed Ordinance amending
Arroyo Grande Municipal Code Sections 10.16.01 O.B. and 16.56.030 prohibiting the parking of
vehicles in front (street) yards. In compliance with CEQA, the Community Development
Department has determined that the proposed project is categorically exempt under Section
15311 of the CEQA guidelines.
WHEN: TUESDAY, AUGUST 26,2003 AT 7:00 P.M.
WHERE: ARROYO GRANDE CITY COUNCIL CHAMBERS
215 E. BRANCH STREET
ARROYO GRANDE, CALIFORNIA 93420
Any person affected or concerned by this application may submit written comments to the
Community Development Department before the City Council hearing, or appear and be heard in
support of or opposition to the project and the environmental impacts at the time of hearing.
Any person interested in the proposal can contact the Community Development Department at
214 E. Branch Street, Arroyo Grande, California, during normal business hours, 8:00 a.m. to 5:00
p.m. The project application is available for 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.
/
. , cl1/UO!U--
/ Kelly W tmo e, Director of Administrative Services/
Deputy City Clerk
Publish 1T, Friday, August 15, 2003
U:\DATA\Notices\Ord Parking in Front Yards.doc
MEMORANDUM
TO: CITY COUNCIL
FROM: ROB STRONG, COMMUNITY DEVELOPMENT DIRECTO~
SUBJECT: CONSIDERATION OF ORDINANCE TO PROHIBIT PARKING IN FRONT
(STREET) YARDS
DATE: AUGUST 26, 2003
RECOMMENDATION:
It is recommended the City Council introduce an ordinance amending Municipal Code
Section 10.16.01 O.B in Title 10 and Section 16.56.030 in Title 16 to prohibit parking in front
(street) yards.
FUNDING:
No fiscal impact. Code enforcement would be by complaint and administered by
Community Development staff.
DISCUSSION:
As requested on January 28, 2003, and discussed by the City Council on March 25, 2003,
staff determined that several cities in the Central Coast area currently prohibit parking in
front (street) yards. These include Pismo Beach, San Luis Obispo and Santa Maria.
While not presently a problem in Arroyo Grande, staff advised that parking on unpaved
and landscaped areas of private property, particularly front (street) yards visible to other
properties in a neighborhood can have detrimental impacts, including:
. Elimination of intended landscaping and open space adjoining streets.
. Contamination of soil by automotive fluid leaks, and
. Reduced safety and conflicts with on-street vehicles and pedestrians.
For these reasons, the City Council directed staff to prepare a draft ordinance to prohibit
parking in front (street) yards. If adopted, the ordinance would amend existing parking
regulations found in the Municipal Code to prevent front (street) yard parking (except on a
paved driveway), parking on driveway approaches, or parking in such a manner as to
obstruct a sidewalk.
AL TERNA TIVES:
The following alternatives are provided for the Council's consideration:
- Introduce the ordinance;
- Modify and introduce the ordinance;
- Defer amendment until other Development Code Updates for residential parking
requirements (estimated 2004);
- Do not introduce the ordinance prohibiting parking in front (street) yards.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AMENDING MUNICIPAL CODE SECTION
10.16.010.B IN CHAPTER 10.16 OF TITLE 10 AND SECTION
16.56.030 IN CHAPTER 16.56 OF TITLE 16 TO PROHIBIT
PARKING IN FRONT (STREET) YARDS
WHEREAS, Chapters 10.16 and 16.56 of the Arroyo Grande Municipal Code have been
established to regulate parking of vehicles on City Streets, municipal lots and other
public or private property; and
WHEREAS, on March 25, 2003 the City Council considered regulation of front (street)
yard parking in other Central Coast cities and determined the such regulations help
prevent abuse and adverse impacts caused when landscaped areas are converted; and
WHEREAS, parking in front (street) yards, except on paved driveway approaches, is
detrimental to public street aesthetics and circulation, contributes to possible soil
contamination from automobile fluid leaks and diminishes the landscaped character of
street yards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE
DOES ORDAIN AS FOLLOWS:
SECTION 1: Arroyo Grande Municipal Code Section 10.16.01 O.B is hereby amended in
its entirety to read:
10.16.010 ParkinQ for certain purposes prohibited.
B. Subsection A of this section shall not prohibit persons from parking vehicles on
private residential property belonging to the owner of the vehicle nor on the
public street immediately adjacent to the private residential property, in
accordance with the provision of Municipal Code Section 16.56.030.
SECTION 2: Arroyo Grande Municipal Code Section 16.56.030 is hereby. amended in
its entirety to read as follows:
16.56.030. Location.
All off-street parking facilities shall be located to the side or rear of buildings if feasible
and be accessible and useablefor the associated use or activity. Parking required shall
be located on site, but not within any required front (street) yard nor upon any unpaved
surface except on lawfully established . driveways and without obstructinQ a public
sidewalk, except as otherwise provided for in Section 16.56.050 of this chapter.
ORDINANCE NO.
PAGE 2
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be unlawful, such
decision shall not affect the validity of the remaining portion of this Ordinance or any
part thereof. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more section, subsection, subdivision, paragraph, sentence,
clause or phrases be declared unlawful.
SECTION 4: Within fifteen (15) days after passage of this Ordinance, it shall be
published once, together with the names of the Council Members voting thereon, in a
newspaper of general circulation within the City.
SECTION 5: This Ordinance shall become effective thirty (30) days after the date of its
adoption.
On motion of Council Member . seconded by Council Member
and on the following roll call vote, to-wit:
AYES:
NOES:
ABSENT:
the foregoing Ordinance was adopted this day of ,
2003.
ORDINANCE NO.
PAGE 3
TONY M. FERRARA, MAYOR
ATTEST:
KELLY WETMORE, DIRECTOR OF ADMINISTRATIVE SERVICESI
DEPUTY CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY